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1968 10 2213 07 COUNCIL MEETING -REGULAR SESSION October 22,1968 8 o'clock PM -City Hall The City Council met in regular session with the following councilmen present: Monte Holm,Gordon Ebbert,Otto Skaug,Jack Eng,John Jones,Dr.Lindell and Michael Boyle. The meeting was called to order by Mayor Jones. Minutes of the previous meeting were approved on the motion of Otto Skaug,second by Eng.Passed unanimously. BILLS TOTAL AMOUNT PAID GENERAL FUND PARK AND RECREATION STREET EQUIPMENT RENTAL WATER AND SEWER SANITATION URBAN ARTERIAL Motion by Jack Eng to pay the regular bills.Second by Dr.Lindell.Passed unanimously. There were no special bills. Warrants No.1429 through 1486 were approved in the amount of $5,953.17. $ 752 .49 309 .57 263 .60 381 .51 3,527 .75 513 .58 204 .67 ORDINANCE No.589 DEFINING AND PROHIBITING UNFAIR HOUSING PRACTICES - 2nd READING tf\(p Due to the number of visitors present at the meeting the discussion on this ordinance was handled as a public hearing.The meeting was opened to comments from the interested citizens present. Ordinance No.589 was read by its title "An Ordinance Defining and Prohibiting Unfair Housing Practices in the Sale,Offering for Sale, Rental,Offering for Rental,and Financing of Housing Accomodations; Defining offenses and Prescribing Penalties Therefor" Mayor Jones commented that the Council had been working on this ordinance since last May.A Human Relations Council was appointed about that time and they have been meeting regularly.That several study sessions have been held on this issue..That the Ordinance had been sent back to the Inter-Racial Commission twice and,generally speaking,it says about what we have in mind for this reading.The Mayor called for comments from the floor and asked a representative of the group that signed the petitions to speak on behalf of that group.Representing the other side, Larry Peterson, as Chairman of the Inter-Racial Commission,was asked to ( speak.] MR.MAX OTT representing the group that signed the petitions,said that -\ watever comes of this thing we will probably have to live with for a long time so we should not be too hasty about it.Two weeks ago he felt that some of the people's constitutional rights were being pushed against his con stitutional rights.That a lot of work has been done since that time. Petitions were referred to and he said that the ordinance was circulated along with the petitions and read by those who signed.He felt that this was important.The petitioners asked that this matter be tabled for study and consideration by a committee of the council,the petitioners opposing the ordinance and those supporting it in order that a proper consideration be given to all of the problems and questions raised bythe proposed ordinance particularly including a studyofthe effect andrelation ofthis ordinance to existing state and federal laws;a determination of the need for such an October 22,1968 1308 ordinance,if any;a review of the penalty clause and the method of enforcement;a study of the effect upon different businesses and citizens of the City of Moses Lake;and a review of the method of complaint. Mr.Ott suggested that no less than 30 days nor more than 60 days be taken for the study..He had no further comment and left the meeting to attend to some personal business.The thanked the Council. The Mayor asked the City Manager to read the Petition,which he did. LARRY PETERSON,Chairman of the Inter-Racial Commission,was asked for his comments.He said that several people he has talked to about this ordinance were concerned that the ordinance would make it impossible for them to refuse a minority person regardless of his qualifications.The Ordinance does permit that standards may be set as long as they are applied equally to everyone.Considerable study was made in the drafting of the ordinance.The Commission took ordinances from a number of other cities in the state (33)and drafted this ordinance after a study of those.He cited the study sessions held by the Council.Because the ordinance did affect the realtors considerably,they met with the realtors.A copy of the ordinance was sent to the Washington Realty Association and,after some study by their attorneys,his letter said,in part "....in short,the ordinance is probably in the best possible form if it be assumed that the ordinance must be passed. It is our opinion that the ordinance represents a reasonable attempt to solve the problem."He said that it is unfortunate that legislation is often necessary to end practices of discrimination.He said that 25 years ago there were signs in local places of business "For White Trade Only."That it took legislation to help end that practice.Until 1950 it was common in some subdivision plats to include a restrictive covenant restricting it to members of the Caucasian race.That this ordinance is an attempt to solve any problems that we have on a local level.That this is the best place to solve them if it is possible to do so If we can solve the problems without making it necessary for Federal or State action we are a lot better off for it. MR.JOHN SUMNER -830 Ironwood Drive -asked the.number of signatures on the petitions and how it cameto the attention of the Council -in what manner. He was speaking of the ordinance. He was told that there were 139 signatures with some duplication.That an Inter-Racial Commission was appointed to see what possible problems there might be in this area.They have studied the situation here to quite an extent as to housing,jobs,education and as many fields as were needed.This happened to be one of the items they looked into and they recommended it. MR.JOHN SUMNER said that there seems to be considerable controversy and it would be wise to bring it to the vote of the people.He said the City Council should not decide whether or not it should be passed.Mr. Sumner said this is controversial and this would be a good place to settle it. MAYOR JONES said that it had been made public for a period of at least two months. DAVID GAISER - 2 072 S.Belair -said that,in his opinion,this is a desirable ordinance.It is something that we need within the community.It is an important step in keeping local problems within the local confines.He felt that the Commission was composed of knowledgable and intelligent people and the Council has given it a great deal of study and can see no real purpose of postponment of action on this ordinance,one way or the other.He recommended acceptance of the ordinance. 1309 October 22,1968 MR.WILLIAM SCHEELE -1128 S.Skyline Drive -said he felt that since this ordinance is controversial,action should be taken to the people in the community and recommended that this be put to a city vote and since this is representative,we will have the consent and the desires of the residents of this community and then we can go along with it,one way or the other.There will be nothing by controversy from now on unless we have the consent of the community. MR.BOB NELSON -Route 4,Box 216 -said that his wife and he tried to get housing in Moses Lake,and that approximately 25 people stated plainly that they would not rent to negroes.He said the ordinance is needed mainly for people of minority groups if they are going to get any kind of a fair chance. MARTHA GREY -830 Kiefer Drive -cited her problems trying to rent a house for the past 18 months.She said four houses were offered to her until it was discovered that her color was black.She took the matter up with the Washington State Board of Discrimination and filed a complaint.That was in the winter of 1967.She said there is a great ne'ed for this particular open housing ordinance.She said she is not asking not to have standards.We are asking to be considered.Take a look at qualifications,if that is what ' you are asking for.Too often this has not been done.She thinks this par ticular ordinance should be passed and it is not a matter of infringing on someone's rights.It is a matter of assuring an equal chance. MRS.MILHOLLAND said that Mrs.Grey is a very respected and excellent math teacher at Big Bend Community College. GILBER CHAVEZ -2317 Lakeside Drive -said that he has been here for one year.He also is employed at Big Bend Community College in Migrant Education.He said he heard the words "constitutional rights"and was angered that someone could stand up and say that this is going against their constitutional rights.That unless people have made an attempt to rent or buy and have been discriminated against,their rights have not been overridden.Said he is very well aware of what is going on in Washington.We will have to call in the federal government if we cannot handle our own problems.This town needs a lot of checking over itself. The Ordinance passed by the federal government came about as a result of practices that have been going on in the United States. CELIA GAISER -2072 Belair -said she was upset about the word "con stitutional rights,also.That the crime that is being committed is against the races and the victims have no recourse.That there are abvious examples of discrimination in Moses Lake and urged the Council to pass the ordinance. LEONE KELLEY - 12 04 West Cascade Street -stated that for five years she has served as director of Community Services and has taken people around to look for housing and has never been turned down because of their color. ALBERT MILLAY -2240 Roberts Place -said that he owned rental property on the Peninsula for seven years.During that time many families have moved in and stayed 2 or 3 months to two or three years.Two consecutive renters who were colored families left the house and property in excellent condition.Better than other renters.Said he lives in a trailer park where they are neighbors.They are excellent families.Feels that there should be nothing done in a city such as Moses Lake to allow any discrimination as far as race,creed or color is concerned.He did feel that you should be allowed to refuse to rent because a prospective renter might not take care of it. THE REV.CHARLES FREEMAN -Wheeler -stated that before this ordinance, conditions in Moses Lake were so unfavorable that it created such a turmoil that the Mayor and Council were forced to get together and formulate some type of ordinance to curtail the violence that was about to occur some \I October 22,1968 1310 months ago.He said great strides have been made in trying to solve racial prejudice and discrimination.He said "Look back to conditions in other cities where they do not have such an ordinance -Watts for example - where men have gotten angry and disturbed to the extent that they felt if they could not get to live where they wanted to they would burn it up!'.He said he did not condone this but this ordinance can prevent such a thing from happening in Moses Lake.Men should feel free to buy or rent anywhere in Moses ake and you should feel free to have anyone live next door to you without having your place burn down.He said this is not said as a threat. WILLIAM SKEELS -1024 West Oregon -said that this business of violence is completely beside the point.The point is simple -it is merely a matter that we cannot allow people to discriminate against people because of the color of their skin in the purchasing or renting of a house.This ordinance is very much a necessity and that this ordinance is not as a result of a threat to the City. CHARLES CAMPBELL -.1107 S.Dahlia Drive -Said that the need for this ordinance is evident by the fact that there is opposition.It would not be affecting many people.The people that complain evidently want to behave differently than the ordinance suggests.What do we need to do to be fair? THE REV.CHARLES FREEMAN -Wheeler -Prior to the incident that happened last May,the ordinance was being spoken of -this might have been 10 years prior to this -but nothing had been done about it until t his point.Others here can witness this.I want you to understand me real good and tell that I am not inciting any type of violence.Only relating this as a method in other cities.If we can maintain such an ordinance and abide by it,Moses Lake could be free of such methods. THE REV.DONALD YOUNG -262 North Earl Road -Said that he came to this town four years ago and it is.a wonderful community to live in.Felt it is very poor to start with a negative motivation for enactment of a law.We should care enough for individuals and for human dignity and it should be passed on that basis only.We are a forward looking,progressive town and have some thing to offer every man. The Mayor closed the discussion by citizens.He remarked to the Rev.Young that sometime you can teach a mule a little better if you hit him on the head first. There were no written protests other than the Petition. The Mayor referred to Section 8 which has to do with enforcement procedure of the ordinance.It has to do with the fear of being harrassed by individuals taking advantage of the fact -if there is such a thing -of a Human Relations Commission.The only basis for that fear would be if you did not feel that the people on the Human Relations Commission would be unbiased and would not take a middle of the road,position.They should not be in favor of either party. The enforcement procedure that has been written into this was written by the Commission.He said that the members of the Commission had been carefully selected and that he is proud:of them.They will give anyone a fair shake. After reading items 4 and 5 of the ordinance he explained that the Commission's position is conciliatory and fact finding.It will listen to the complainant.( If it is unjustified,they will so indicate to the complainant.If it is just and they cannot bring about good feelings any other way they will then forward their findings to the City Attorney.It is only at that point that legal action starts.The City Attorney will bring action if he feels that the evidaice is sufficient.One reason why this Council feels that a law such as this is necessary is that at this point you are being tried in Moses Lake with people who have to look you in the eye tomorrow afternoon.The only existing legislation now is federal and that goes into effect in January.No law on the State level now.You will have to argue in the Federal District Court and it is in Spokane. Our feeling is that with this ordinance we can probably solve 98%of the problems that come out without any court action whatsoever.You will at least be tried by people that you know 1311 October 22,1968 Gordon Ebbert referred to Item 6 of the Petition which says that the ordinance solicits criminal action by civilians outside of the control of the usual City Prosecutor's Office.He asked how this is possible. The Mayor said that if the Council were frivilous in its appointments to this Commission then this Commission could become biased and it could take action which would solicit complaints.The City Manager said that his interpretation was that perhaps the person had not read the ordinance carefully in terms of the procedure to be followed on the complaint filing and the interpretation made was that the Inter-Racial Commission members themselves would be trying the people.They will not be trying them.They will try to achieve conciliation. Otto Skaug,in response to the two gentlemen who suggested that it be submitted to a vote of the people - I think that we would abdicate our rights and duties as councilmen if we did do this.We would no longer be necessary.The ordinance as Mayor Jones has said,is not within our premise to submit this to the popular vote.Bills are enacted by the Council and not by a vote of the people in town.It is hoped that the Councilmen do reflect your thinking.Seven men represent 4,000 voters.He said he failed to gather from the petitions that the majority of the residents were embodied in the 139 names.He said that they had not been coerced by a minority group and were not given to that type of persuasion.Mr.Campbell's point is well taken that the people who fear it most are in circumstances that they could be violators of such enactment. Jack Eng asked Mrs.Grey if she had a case pending against these people. Mrs.Grey said she filed a complaint and was informed that they did not do anything as far as private owners were concerned -that it must pertain to a realtor.Mr.Eng asked Mr.Nelson if he had gone to the Board and he replied in the negative.He said he was active in the Grant County Community Action Council and was told there was nothing he could do.Jack Eng said that these people-have been beaten down so long that it is hopeless.They should come forward and tell us what their problems are.As far as these 125 or 150 sig natures are concerned,he would like to ask any of them if they have been discriminated against.Wanted to know if they knew how it feels to be dis criminated against. Motion by Mayor Jones to close the Public Hearing.Second by Monte Holm. Passed unanimously. Motion by Jack Eng to adopt the ordinance in its entirety.Second by Dr.Lindell Passed unanimously.There was no further discussion.Monty Holm commented that it was a good ordinance and was needed and commended the Commission for their work on it. ORDINANCE -SELF SERVICE GASOLINE STATIONS -FIRST READING H \n5 I This Ordinance was read by its title "An Ordinance Amending Ordinance No. '136 Entitled 'An Ordinance Regulating the Sale,Distribution,Handling and Delivery of Gasoline,and Other Inflammable Liquids in Garages,Service Stations,and Other Places of Business Having Gasoline or Other Inflammable. Liquids for Sale to the Public Within the Corporate Limits of the City of Moses Lake, and Providing Penalties for the Violation Thereof.The City Manager j— said that this Ordinance is the result of correspondence to the Council at the last regular meeting with a request to amend the ordinance for self service stations.The existing ordinance,dated 1950,specifically prohibits self-'M service stations.This ordinance,as proposed by Fire Chief Jensen,proposes an amendment to that ordinance that prohibits unsupervised service.It will not allow coin or card operated self service stations whereby use of this particular card or coin service would allow dispensing of gasoline in con tainers that might be breakable.This type of station would require the approval of Fire Chief Jensen to see that it meets all safety fire conditions. A console inside the station would allow him to shut off all pumps in case of an emergency. Jack Eng asked if they were ready to build now.Mick Hansen was present and said that he does intend to build if the ordinance is passed.He said he found in a recent trip,that Moses Lake has the highest gas prices within three states''." October 22,1968 1312 He said this may be part of the reason for it.Perhaps people can buy cheaper gas if they want to. Motion to adopt the first reading of this ordinance by Monte Holm.Second by Jack Eng.Passed unanimously. PROCLAMATION DESIGNATING AMERICAN EDUCATION WEEK A Proclamation designating November 10-16,1968,to be American _Education Week and urging all citizens to examine more closely the existing and projected programs of our school,as well as their own |efforts to ensure the highest quality education for all was signed by —|Mayor Jones. HILL AVENUE SANITARY SEWER LINE CONNECTION ^ //b& A letter from Pat Nevins,Public Works Director,was read stating that the siphon in the vicinity of the Mobil Service Station and the Basin Motel periodically becomes clogged and backs sewage to the South manhole and some times even further.That a partial solution can be achieved by reducing the flow through the siphon.This can be accomplished by making a connection between two existing manholes in the vicinity of Pioneer Way on Hill Avenue. That Murphy Brothers,the prime contractor on the construction of Pioneer Way,has submitted a quotation to do this work for $3,687.20. It is their proposal to wait until 1969 to complete the connection.They Would prefer not to tear up Pioneer Way twice. He proposed that it be accepted by the City Council for construction next year. Motion by Gordon Ebbert to go ahead with it.Second by Michael Boyle. Passed unanimously. SWIMMING POOL REPORT yooo Mr.William Skeels,Park and Recreation Director,reporting on the swimming pool report,praised Jody Millward for the outstanding job that he has done. Mr.Millward emphasized that the swimming season was a complete success because it was accident free as far as drowning or near drowings were concerned.The attendance would have been better if the weather had cooperated.1,291 were enrolled in swim lessons whichbrought in a revenue of $2 ,686.60 which was 23%of the total receipts for the year. The swim team had a successful season and were named Inland Empire Champions for 1968. Mr.Millward felt that future planning should include a swimming program for the handicapped and a more comprehensive preventative maintenance plan.The gross total income for the year 1968 was $12,215.35 as com pared to $11,836.11 in 1967. Mayor Jones complimented Mr.Millward on his operation of the pool. DISTRICT LEGISLATIVE MEETING -NOVEMBER 20 ').A letter was read from the Honorable Sherman P. Bailey, Mayor of /O^-* '-Ellensburg,inviting each member of the council and the Mayor of Moses Lake to attend a no-host meeting of the cities from the 13th Legislative District,November 20 at the Thunderbird Restaurant in Ellensburg.The purpose of the meeting will be to discuss problems with the legislators from this district. In closing the meeting the Mayor expressed his appreciation to the visitors for coming. Meeting adjourn ATT Mayor