HomeMy WebLinkAbout06/19/68 ,[ ! / ...... /a~o June 19, 1968 v / ~
A regular meeting of the City Council of the City of Bremerton was held in the Council
Chambers of the City Hail at 10:00 o'clock A.5{., tl.S.T., on June 19, 1968, wi~h ~layor Jarstad pre-
siding. Also present were the following: Commissioner Clark, Commissioner Schoneman, City Attorney
l~algren, City Clerk McGowan, Fire Chief Tillett, Assistant Fire Chief Orrfelt, Planning Aide tlofmann,
Assistant Police Chief llenry, Police Captain Schlie, James E. Skirving, Jennings F. Beard, Fed Kabn,
N.A.A.C.P. President Larry Greene, and representatives of the Press and Radio.
'l]le meetine, was called to order by Mayor Jarstad and the Invocation was given by Rev.
C, lenn Soule of Manette Community Church.
~]~e minutes of the previous meeting were read and approved as amended.
The City Clerk read the following Reports of Separation:
I.A~gRF, NCt~ W. ROYCE, Learn-To*Swim Instructor in Park ~ Recreation Dept., June 18, 1968,
Terminated - Accepted another position.
JACK Il. PELANDER, JR., Extra Labor in Park ~ Recreation Dept., June 18, 1968,
Terminated - Went Back to School.
JANICE L. COLIIY, Learn-to-Swim Instructor in Park ~ Recreation Dept., .June 18, 1968, Terminated - Did 'not accept position.
?lotion by ~{r. Clark and 1,.lr. Jarstad the Reports of Separation be approved, carried
unanimous] y.
'Ilm City Clerk read the following Notices of Employ~.'ent:
PATRICK T. CAREY, Extra Labor in Park ~ Recreation Dept., at $1.60 per hour,
effective June 12, 1968, Tomporary Employee.
GARY W. ~x~OEN, Summer Employment in ~qater Supply Division, at $2.25 per hour,
effective June 17, 1968, Temporary Ftaployee.
AI~MOLD M. Slbt~tONS, Smmer l~ployment in Igater Distribution Bivision, at $2.25 per hour, effective June 17, 1968, Ten~porary Br~loyee.
~lot~on by blt. Schoneman and Mr. Jarstad the Notices of Employment be approved, carried
unan imotls ] y,
~Ihe City Clerk had an application from the blaple Leaf Tavern for a renewal of license for
pinbal I machines signed by Ruth Coleman, under ~laster License of Bremerton Amusement Company.
[bt~on by blt. Jarstad and ~4r. Shhoneman the application be approved, carried unanimously.
~fl~e City Clerk had an application for a renewal of Operators License for Kitsap knusement
Company. ~ttached to the application l~as a checkin the amount of $2,000.
~lotion by Hr. Clark and ~-~r. Jarstad the application be approved, carried unanimously.
'D~e City Clerk bad a General Claim for payroll period ended June 15, 1968, in tile amount
of $78,520.91. The Claim was audited by W.R. Vaa and approved by Austin Clark.
}lotion by Xlr. Clark and ~lr. Schoneman the General Claim be appt~oved, carried unanimously.
'Ille City Clerk bad a Claim for Damages signed by blrs. Kathryn N. Lynch stating that on
June 12, 1968, tile City Street Sweeper threw a rock breaking the windshield of her automobile.
'lhe Claim was reported to the Insurance Company on June 14, 1968.
The City Clerk read a letter addressed to the Police Pension Board signed by himself,.' as
Secretary of the Board, giving tile results of tile Police Pension Board Trustee election held on June
12, 1968 as follows: Jack Kvistad - 24, John Plouf - 23, llarold Diedrich - 3, and ,John ~llomas - 1.
Ovvicer Kvistad will now fill the expired term of former Trustee John Plouf.
June 19, 1968 - con't
The City Clerk read a letter from the l~ater Pollution .Control Commission which stated
That the City's application for a state-federal grant to aid in financing sewage treatment facili-
ties for Kitsap Lake has not been honored as funds are presently not available. The Pollution
Control Commission urged the City to proceed with the engineering plans, development of financing
and establislunent of a difinite time schedule for construction. The application will be forwarded
to the Federal l~'ater Pollution Control Administration, .and upon approval, of the project and final
engineering plans and specifications by the Commission and the Federal ~ater Pollution Control
Administration, the City may proceed with contn~ction. This would then place the City in a more
favorable position for funds available at the next rating period. The application will remain
active and will be rerated in December, 1968, for either a retroactive grant or an initial grant
depending upon the construction status of the project. Starting the project will not in any way
detract from the possibility of gaining a retroactive grant in the future.
Conmissioner Schoneman stated that it is necessary for the City to engage an Engineering
firm to prepare the plans and specification for this project.
Con~issioner Clark stated that the City has a Contract with Gray ~ Osborne and they
should be forced to either abide by it, or inform the City, in a letter, that they are not willing
to complete it, and then the City could possibly take the matter to court for costs incurred, and
engage another Engineering Firm.
~laypr Jarstad stated that a legal determination must be obtained as soon as possible,
and the project will he started as indicated in the letter from the Pollution Control Commission.
The City Clerk read two letters from Acting City Engineer t~mble giving the adjusted
balance of fixed charges on L.I.D. #501 Olympic Avenue and L.I.D. # gDfloSunset Vista.
I..IPD. #301 - Olympic Average--Balance to be transferred to General Fund $2,553.59
L.I.D. ~296 - Sunset Vista--Balance to be transferred to Gneral Fund $1,089.49
~otion by ~r. Clark and Mr. Scboneman to approve the attached vouchers giving the
amounts aforementioned, carred unanimously.
The City Clerk stated that a petition was received for a Local Improvement District on
Lafayette Avenue from 1st Street to Burwell Street which was turned to the Engineering Department
and again returned to Council with a letter stating that the Local Improvement District cmn be
legally formed.
Attached to the letter was an assessment roi1, notices to property owners and a Reso-
lution setting the date of Ih~blic Ilearing.
The City Clerk read RESOLUTION NO. #1378 setting the date of the public hearing on
Lafayette Avenue proposed Local Improvement District for Wednesday, July 10, 1968, at 10:00 o'clockll
A.M., 1).S.T.
~totion by ,~Ir. Schoneman and ,~{r. Clark RESOLUTION NO. #1378 be adopted, carried unanimousl
The City Clerk read RESOLUTION NO. #1377 which created an additional position of "Fore-
man" in the lVater l~istribution Division and appropriated funds for same.
,Xtotion by ~lr. Schoneman and ~{r. Clark RESOLUTION NO. 1377 be adopted, carried unanimously[i
~l~e City Clerk read ORDINANCE NO. 2797 amending Section 1 and Section 3 of Ordinance No.
2479, establishing a Bureau of Fire Prevention and providing regulations for fire prevention and
protection.
,~Iotion by b. Ir. Jarstad and blt. Schoneman ORDINANCE NO. 2797 be passed on second reading,
carried nnanimous ly.
The City Clerk read ORDINANCE NO. 2798 amending Section 1 of Ordinance No. 1419, re-
garding exit facilities to protect life from fire, smoke and panic and providing standard plan
for exits for bnildings.
,~btion by blt. Clark and Mr. Jarstad ORDINANCE NO. 2798 be passed on second reading,
carried unanimously.
'Ihe City Clerk read ORDINANCE NO. 2799 amending the use and area maps of Ordinance No.
1792 and rezoning property located at 246 South ~lontgomery :from Residential-One (R-I) to Business-
Three (B-3).
,~lotion by blt. Schoneman and ,X{r. Clark ORDINANCE NO. 2799 be passed on second reading,
carried unanimously.
The City Clerk read t.31ERGENCY ORDINANCE NO. 2800 relating to the prevention of SOLVE,~'
I~IALATION within the City of Bremerton.
Motion by b{r. Jarstad and b{r. Clark BXlERGENCY ORDINANCE NO. 2800 be passed on first
reading, carried unanimously.
Mr. Clark explained the purpose of the Ordinance.
l~e City Clerk had a bill for an appraisal fee by E. J. Beard, in the amount of $8,500.00
blotion by Mr. Sehoneman and ~Xlr. Clark the appraisal fee be paid, carried unanimously.
The City Clerk read a letter from Kitsap - North ~{ason County Chapter of the American
Red Cross, signed by bits. Frances Lockwood congratulating Police Chief Plouf for his timely action
in attempting to save the life of tlerbert Case on ~lay 29, 1968, with moOth-to.-moOth resuscitation.
blayor Jarstad cited a recent incident for which this type of first aid training would
have proved to be very important.
All Commissioners then commended Chief Plouf for his action.
The City Clerk read a letter from Admiral I~. P. Petrovic who expressed appreciation to
,xkqyor Jarstad for relaying tbe message to the community for USS Ranger families' housing.
btayor Jarstad then commended the con~nunity ,and tile Realtors for their action.
Jtme 19, 1968 - con't
The City Clerk read a PROCL/glATION stating that the week of June 18th through 24th, 1968
is "N.A.A.C.P.
Mayor Jarstad then noted that ~tr. Larry Greene, the President of N.A.A.C.P. was present in
the audience and welcomed him.
~lr. Greene then expressed appreciation to the Council for the PROCLAi{ATION.
Tile City Clerk read ORDINANCE NO. 2801 defining and prohibiting unfair housing practices
,~ in the. sale and offering for. .sale' in the rental and offering for rent and in the financing of
~bous~ng accomodattons; def~mng offenses; and prescribing penalties.
[' ~lotion by Mr. Jarstad and Mr. Schoneman ORDINANCE NO. 2801 be approved on first reading.
i!. Under discussion, ~lr. Clark raised a question with reference to Sections 3 and 4, Item A
tn which he pointed out that no person shall make any notation or keep any information or record
i relating to the race, color, creed, or national origin of the applicant, tlc suggested that while
~i this may be very well intentioned, it conflicts with regulation of the F.[-I.A.; Veteran's Administratio~
iland most importantly a recent policy established by an insurance company which, if put in effect in
~ Bremerton, would be in violation of' this ordinance.
i! The insurance company is leas restrictive on credit requirements; less restrictive on many
il items and as a bonus they offer to the seller a reduced discount if he sells his home to a member of
[the minority race. This, he pointed ont, is discrimination in reverse, but under this ordinance
iwould not be permitted. '
' Mr. E. J. Beard who was in the audience stated that he is afainst any type of ordinance
!which takes away your basic rights, lie is 100% for this ordinance ~hse it takes the heat off the
Realtors, however, he feels tlmt because of tile prov]sion in this ordinance, tile Realtor will be
[[by-passed in the sale and purchase of homes, lie co~ul,ended City Attorney lValgren for. having drafted
i!a strong am good ordinance, but called particular attention to Section 4, Item 2 in which he felt
!that tile word qualified should preceed purcbaser, lie then cited incidents in which persons were
not qualified to purchase, lie contaented further on the Veterans' Administration requirements and
!~the special discount offered by the insurance company to minority groups which would amount to as
i:mucb as 4, off the present d~scount.
; Considerable discussion on this point ensued and Mr. Walgren stated that a study would
have to be made of the provisions of the Veterans' Admisistration in order to determine whether it
is just a policy of the Administration or is backed up by lagislation.
Mr. (:lark then moved to amend the motion now on the floor which was approval on first
':reading, to remove tile portion which requireg that no record be made of a person's race, creed,
color, or national origin, thus eliminating any portion of the ordinance which prohibits the keeping
. of any record with relation to race, creed, color, etc.
[hypr Jarstad then asked the City Attorney if this was the best way to handle the matter
and if he had any other suggestions.
Mr. lqalgron again raised the question as to whether this was a policy matter or if it
involved federal legislation and stated that if it was just a policy decision made by a federal
~agency, be saw no reason why they should not be able to comply with the provisions of this ordinance
or any other ordinance relating to open housing, but if it is a violation of a particular federal
or state law, then we should consider some additional language, perhaps in the form suggested by
iMr. Clark.
~Ir. Larry Greene, N.A.A.C.P. President, suggested that since everyone had stated that the
ordinance is good that the council approve it and move on to another item of business.
,Xlr..James E. Skirving pointed out that you can't even start a sale of a piece of property
:witbout a credit report.
City Attorney lValgren co,~nented that he do~s n~t'think inserting tile word qualified before
'the word purchaser adds much because in order to be a purchaser, a person must be qualified.
Mr. Beard explained that by qualifying a prospective purchaser, the process is speeded up
considerable and there is less likelyhood that the application will eventually be rejected for
failing to qualify.
5Ir. Clark said to b~ayor Jarstad that we are talking at the immediate moment of a slightly
i different matter than the intent of his motion and he respectfully requested that the blayor as
C?aairman of the Council call for a second to his motion and thereby cause it either to be considered
further or to fa~l for lack of a second.
After considerable discussion, tile bIayor called for a second and the motion died for lack
io£ a second.
,i Mr. Clark then stated he wished to make one further motion to amend Section 8 as follows:
!Section 8 to become Section 9 and in the place of it, Section 8 heading "County-lgide Uniformity:"
i:2]~e section to read as follcavs: It is the considered belief of the Council of the City of Bremerton
!that there should be uniformity of terms and enforcement in any open housing ordinances within the
icorporated limits of the City and tile unincorporated areas of Kitsap County. To accomplish this
~pur?se, ibis ordinance shall not be in full force and effect until the effective date of passage
Iby Kitsap County of all ordinance embodying the same or similar terms; it being understood that no
,provision herein contained shall be deemed to be in effect if said provision is incompatible with
iCondit]ons contained in the K/tsap County ordinance.
I btayor Jarstad called for a second to this motion and the motion died for the lack of a
i second.
' Mr. Robert Forrest who was in the audience objected to groups outside the City pressuring
I,the City to pass an ordinance more strict than the federal
; Mr. Schoneman stated that he did not feel that the Council had been pressured into adopting
this ordinance and con~nented further that be had investigated various Cities and found that they
!have adopted similar ordinances.
5Ir. Clark stated in further clarification of his position with reference to County4~ride
;Uniformity that he and all citizens were also citizens of the County and that as a City Commissioner,
!:he represented nearly 40,000 of the County residents, lie also pointed out that many of the people
ilwbo had requested open housing ordinance in Bremerton were not citizens of the City of Bremerton and
'?that when the same request was presented to the Cotmty Commissioners no group showed up to press the
i cause.
June 19, 1968 - con't
Mr. Beard asked how the Council expected to enforce this ordinance when there are State
and Federal regu]ations requiring forms to be filled out and kept in the files of Realtors?
Mayor Jarstad stated that in the intervening week between the first and second read~,ngs
of the ordinance, this question will be thoroughly considered and if there is a conflict that he
is sure an amendment would be made.
.Xlr. Clark stated that his suggestion was reasonably well put, the intent was clear, but
tile matter of wording could be up to the Attorney, bnt an amendment which says that if any section
is in con[lict with Federal Law, he pointed out that the whole ordinance would be in conflict with ,
Federal Law, because Federal Law simply discriminates against the Realtor; therefore if the Council!:
wcro to put that clause in the ordinance, the entire ordinance would be meaningless, except that
which is in effect at the Federal level. IIe then suggested that such an amendment would not im-
prove the ordinance.
Hr. Schoneman stated that this could specifically point to this particular section and
item rather than the entire ordinance. This is what the suggestion meant.
Mr. Clark stated that we are talking of semantics. If it is the intent to clarify, his
~notion would have accomplished that.
Hayor Jarstad then requested blt. Walgren to research this problem and if there is any
conflict with federal or state statutes, that an amendment be inserted into the Ordinance.
~lr. Clark commented that the Council is apparently in agreement with the principal of
his motion, but um~illing to act upon it at this time, and he is agreeable to that.
~,{ayor .larstad then gave his thoughts on the Council's motives on such a move to pass the
ordinance, and stated that in the past when adopting ordinances, the Council has not taken into con
sideration what the County might do and he saw no reason for it now.
tlr. Clark stated that eleven of the twenty-two members who were in attendance at the
lluman Relations Committee unanimously approved the ordinance on open housing, with proper modifi-
cations. They assuned that the Council would study it before it had been modified. At the present
he pointed out, the Council has not modified the ordinance in one word.
~le motion was put to a vote, to approve the Ordinance on first reading; ~layor Jarstad
voted yes, Commissioner Clark voted no, ,mad Commissiormer Schoneman voted yes.
Hotion by Mr. Clark and Hr. Jarstad to pay all bills approved by a majority of the
Con~ni. ssioners, carried tmanimously.
~otion by Mr. Clark and Mr. Jarstad to authorize the City Clerk to call for bids for tile
painting and water proofing of the south side of the City Hall building, carried unanimously.
Hr. Clark stated that his expense has been appropriated in the 1968 BSdget.
Conmissioner Clark stated that yesterday he represented the Association of Washington
Cities in an addross to the Washington State Tax Advisory Council with reference to tas revision.
Commissioner Schoneman requested that a Change Order be authorized which readjusts
side sewers where storm sewers are going in as they are interferring with the laterals that proceed.
to the sanitary sewer on Burwell. This must be corrected and meterial must be purchased. This
is time consuming. Authorization was also requested for moving the sign at the corner iof Burwell
and Warren.
Commissioner Schoneman then moved to authorize the Change Order which had no form,
seconded hy Hr. Jarstad, and carried unanimously.
Comissioner Schonoman stated that the removal of the sign will be approximately $400.
~{r. Bradley from Lewis & Redford Engineers, who was present, stated that the cost of the
readjustment of the side sewers will run approximately $20. $30. and $~0. per each lateral.
qr. Schoneman stated that the City Cotmcil must decide wh~t is to be done with Craven
Center. Bremcrs removed all automobile parking on Monday.
~lr. Schoneman reported that a meeting is sch~luled with the State and County Engineers
concerning the acceptance of Kitsap Way now that their portion of the freeway is completed which
intersects Kitsap Way at that point to the City limits at Kitsap Lake. This will be in .July.
M~en the entire freeway is completed to Sinclair Inlet, all of Kitsap Way will bocome a City
Street. Each portion was studied and no difficulties as far as drainage, repairs needed, etc.,
were found, lie then recommended that when the City is approached to accept Kitsap Way as a City
Street, that the City do so.
Mr. Schoneman stated that information has now been obtained regarding the installation
of sowers in the proposed Plat of Indian llills. The method that has been explored is a good
possibility ,and can be done. This method cuts off the distance by approximately 4,500 feet. ~is
shouhl be discussed, but he reconmends this method as it will cut the cost by over half of what
}lad been expected.
~iotion by Mayor Jarstad and b~r. Clark to re-appoint Maurice Dawkins to a five-year term
on the Park Board as his term expired on June 5, 1968, carried unanimously.
Mayor Jarstad then reported that he received a call, as a result of speaking to Senator
.lackson in Washington D.C. regarding tile wish to expose the requirements and possibilities of a
hoar basin in the Bremerton area, and as a result of a memo to the Corps of Engineers in the Seattie
office. Hr. John Welch will be in Bremerton next Wednesday, June 26, and will meet with the
Cotmcil to discuss this matter. At that time a presentation will be made.
Hayor Jarstad stated that the East Bremerton annexation area has 1,779 registered voters
and at the last General election 1,264 voted. In the Rocky Point area, there are 832 registered
voters at present, and at the last General election, 601 voted.
At 3:00 o'clock this afternoon he wished to meet with the Council to discuss sor~of his
,June 19, 1968 - contt
ideas on this matter
There being no further business, the meeting was AIIJOI!P, NED,