19770208 City Council Minutes40
He said if they narrowed it down it probably could withstand a challenge. Councilman Herb had •
submitted copies of RCW 9A.68.030, the chapter on Bribery and Corrupt Influence, for consideration
in the Edmonds Code. City Attorney John Wallace felt that section was appropriate for the State but
not for the City of Edmonds. Councilman Anderson suggested that in 5.14.020(6) the term "mentally
MOTION.: ill person" be substituted with "mentally or emotionally ill person." A -MOTION WAS MADE BY
COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN ANDERSON, THAT THE PROPOSED REVISED CRIMINAL CODE BE
PLACED ON THE FEBRUARY 8 AGENDA FOR DISCUSSION AND ON THE FOLLOWING WEEK'S CONSENT AGENDA. MOTION CARRIED.
ACKNOWLEDGE RECEIPT OF NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDINGS -VICINITY OF
224TH STREET S.W..AND HIGHWAY 99 (9:12 p.m.)
City Engineer Leif Larson had prepared a memorandum indicating the area proposed for annexation.
He recommended a hearing date be set, and he suggested March 1. City Attorney John Wallace then.
MOTION: explained the process of annexation by petition. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED
BY COUNCILMAN NORDQUIST, THAT MARCH 1 BE SET AS HEARING DATE WITH THE PETITIONERS TO DETERMINE
THAT THEY WILL ASSUME THE CITY.'S INDEBTEDNESS. MOTION CARRIED., -
Mayor Harrison asked the City Engineer to check on the jurisdiction of the property where the
Lynnwood treatment plant is located.
There was no further business to come before the Council, and the meeting was adjourned at 9:20 p.m.
44a�z d ' 'IRENE VARNEY MORAN, ty Clerk
February 8, 1977
The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor'Harve .'
Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute.
PRESENT
ABSENT
STAFF PRESENT
Harve Harrison, Mayor Mike Herb J. Herb Gilbo, M.A.A.
Ray Gould Leif Larson, Director, Public Works Dept.
Phil Clement Joe Wallis, Director, Community Devel. Dept.
Max Gellert Marlo Foster, Police Chief
John Nordquist Jack Cooper, Fire Chief
Robert Anderson Irene Varney Moran, City Clerk
Tom Carns Lila Crosby, Director, Finance Dept.
John Wallace, City Attorney
Wayne Tanaka, City Attorney
Jackie Parrett, Deputy City Clerk
CONSENT AGENDA (7:36 p.m.)
MOTION: A MOTION WAS MADE.BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE THE CONSENT
AGENDA. MOTION CARRIED. The Consent Agenda contained the following:
(A) Approval of Minutes of February 1, 1977.
(b) Approval of Amendment to King -Snohomish Manpower Consortium Interlocal
Government Agreement.
COUNCIL (7:37 p.m.)
Councilman Gould suggested Agenda Item 9 (Review of Public Official Disclosure Ordinance) be
MOTION: reviewed at a subsequent meeting as Councilman Herb was not present. A MOTION WAS THEN MADE BY
COUNCILMAN GOULD, SECONDED BY COUNCILMAN CARNS, THAT AGENDA ITEM 9 BE PLACED ON THE MARCH 8
AGENDA. MOTION CARRIED.
MAYOR (7:40 p.m.)
Mayor Harrison noted that there is the new "Mayor's" section on the Agenda. He also advised if
any of the Council has material for the packets it should be submitted to the City Clerk by noon
on the Friday before the meeting.
Mayor Harrison advised that District Engineer Wes Bogart had indicated that he will support the
City's request for reduction of the speed limits on SR 524 to 30 mph and will make such presentation
before the Highway Commission.
Mayor Harrison also advised that the Department of Natural Resources has agreed to a lease,
agreement which is acceptable to the Fisheries Department. It appears that they can now go
forward with the fishing pier project.
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1
•
1
1
1
February 8, 1977 (Continued)
MOTION:
1
1
MOTION:
Mayor Harrison asked M.A.A. Gilbo to report on the Staff/Council retreat. Mr. Gilbo had distributed
a written report indicating the time, place; participants, and program subject. He asked that the
Council consider the cost as not all of it had been budgeted directly to the department budgets. An
additional $2,000 was needed to cover the costs. He'said he had received excellent reports from other
cities which had utilized the Effectiveness Resource Group, the consultant group he was recommending to
conduct the discussions. After some discussion, A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY
COUNCILMAN CARNS, THAT THE GENERAL CONCEPT FOR THE STAFF/COUNCIL RETREAT BE APPROVED AND THAT THE CITY
ATTORNEY BE INSTRUCTED TO PREPARE A RESOLUTION TRANSFERRING $2,000 FROM THE CONTINGENCY FUND TO THE
COUNCIL FUND. MOTION CARRIED. M.A.A. Gilbo noted that the Councilmen would be contacted on March 11
to arrange for meeting times with Effectiveness Resource Group representatives.
Mayor Harrison said there is a need for regulating outside employment of City employees and the
administration had drawn up some policies which he was asking the Council to acknowledge. City Attorney
John Wallace explained that the suggested policy would permit outside employment but would require any
employee so doing to obtain adequate insurance to indemnify the City if the employee were 'i'njured in
the non -City related duties, and the employee must get permission from"his departmeht.head'-be.fore
taking on outside employment. There was some discussion of problems that could arise. It was suggested
that some feedback be solicited from those who would be affected by this proposal, e.g., uniformed
employees. Police Chief Foster doubted that any would come before the Council, but he felt this could
become a union issue. A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN GOULD, THAT
THIS ITEM BE CONTINUED TO FEBRUARY 22, AND THAT THE CITY ATTORNEY BE INSTRUCTED TO PREPARE A RESOLUTION
CONSISTENT WITH THE SUBMITTED PERSONNEL RULES AND REGULATIONS ADDITIONS: FURTHER, THAT LANGUAGE BE
INCLUDED TO THE EFFECT THAT THE DISABILITY BOARD BE INFORMED OF ANY OUTSIDE EMPLOYMENT BY ANY LEOFF
EMPLOYEES AS IT OCCURS, AND THAT FAILURE TO COMPLY WITH THIS NOTIFICATION, OR ANY OTHER -VIOLATION
OF THESE RULES AND REGULATIONS MAY BE GROUNDS FOR DISMISSAL. COUNCILMAN NORDQUIST MOVED, SECONDED BY
COUNCILMAN CARNS, THAT THE MOTION BE AMENDED TO INCLUDE THAT THE OFFICE OF THE MAYOR ALSO BE NOTIFIED
OF ANY OUTSPDE EMPLOYMENT OF LEOFF EMPLOYEES. MOTION TO AMEND CARRIED. THE MAIN MOTION THEN CARRIED.
• Mayor Harrison asked the Council to review a draft of the proposed Parking Ordinance. It was suggested
that this proposed ordinance should be publicized well before it is considered for passage. A MOTION WAS
MOTION: MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN GOULD, THAT THE PROPOSED PARKING ORDINANCE BE PLACED
ON THE FEBRUARY 22 AGENDA. MOTION CARRIED.
Mayor Harrison advised there would be an Executive Session following this evening's meeting to
discuss union negotiations.
Mayor Harrison advised that O'Brien's Turkey House was requesting approval of their application for
an A and C liquor license (beer and wine by the glass). Police Chief Foster had indicated they had
been in business for several years with no liquor law violations and no criminal record, and that the
restaurant manager has extensive knowledge regarding liquor sales. Chief Foster recommended approval.
MOTION: A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS, TO APPROVE THE A AND C LIQUOR
LICENSE REQUEST OF O'BRIEN'S TURKEY HOUSE. MOTION CARRIED.
PROPOSED RESOLUTION OF INTENTION FOR STREET IMPROVEMENTS ON 77TH PLACE W. AND 209TH STREET.S.W.
(CONTINUED FROM JANUARY 25 AND FEBRUARY 1) (8:37 p.m.)
This item had been continued pending the decision of the Edmonds vs. General Telephone litigation on
requirements for undergrounding of overhead communication facilities. Public Works Director
Leif Larson reported that the decision had been in favor of the City, but PUD undergrounding cost would
still be charged to abutting property owners on a residential street project. He recommended a pre-
liminary hearing be held to discuss total project costs based upon the undergrounding requirement.
Regarding the litigation with General Telephone, City Attorney John Wallace advised that they are
awaiting publication of the decision before filing the order, and that General Telephone has 30 days
after filing of the order to appeal, but no new evidence can be submitted. He felt the City had an
excellent chance to prevail if there were an appeal, and he saw no reason to delay the,hearing on this
MOTION: petition. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, THAT THE
PRELIMINARY-�HEARING BE SET FOR MARCH 15. MOTION CARRIED. The Public Works Director will have all
• necessary figures prepared for that meeting.
AUTHORIZATION FOR MAYOR TO.SIGN CONTRACT WITH REID, MIDDLETON & ASSOCIATES TO UNDERTAKE WATERFRONT
WALKWAY FEASIBILITY STUDY (7:47 p.m.)
Community Development Director Joe. Wallis said this resulted from Coastal Zone Management funding.
that was made available to the City to implement the Shorelines Master Program, one of the goals of
which was to attain more access to the waterfront. Five firms.had submitted proposals and a
Selection Committee had chosen two finalists, one of which was Reid, Middleton. Mr. Wallis had met
with Gordon Maxwell on this as the Port controls, almost half of the property on the proposed walkway.
Mr. Maxwell recommended using Reid, Middleton as they are involved in planning for the port of Edmonds
and as Mr. Reid is as knowledgeable about the waterfront as any individual in this area. Mr. Wallis
recommended that Reid, Middleton be chosen to undertake the Waterfront Walkway Study. A MOTION WAS
MOTION: MADE BY COUNCILMAN. CARNS, SECONDED BY COUNCILMAN NORDQUIST, THAT.THE MAYOR BE AUTHORIZED TO SIGN THE
CONTRACT WITH REID, MIDDLETON TO UNDERTAKE THE WATERFRONT WALKWAY FEASIBILITY STUDY. MOTION CARRIED.
REPORT ON SPACE NEEDS FROM CAPITAL IMPROVEMENTS COMMITTEE (8:55 p.m..)
Community Development Director Joe Wallis had reported by memorandum that the Committee had met
January 31 a,nd elected M.A.A. Gilbo Chairman and Councilman Gellert Vice -,Chairman. His memorandum
outlined the significant actions taken by the Committee. Mr. Gilbo noted an ad hoc School Site Assessment
Committee had been recommended, the composition indicated in the memo., One member was to be a Councilman,
said Councilman not to be one who is on the Capital Improvements Plan Committee. Councilman Clement
volunteered to serve. It was suggested that Ted Neff be invited to serve as a citizen -at -large.
42
DISCUSSION ON PROPOSED REVISED CRIMINAL CODE (9:01 p.m.)
Police Chief Marlo Foster reviewed two changes made since the February 1 discussion. He
recommended passage of the Proposed Revised Criminal Code, incorporating the changes.
MOTION: A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN NORDQUIST, TO PLACE THE
PROPOSED REVISED CRI;MINAL CODE ON THE CONSENT AGENDA OF FEBRUARY 15. MOTION CARRIED.
There was no further business to come before the Council, and the meeting was adjourned
at 9:10 p.m.
IREN VARNEY MORAN, ' y Clerk H: H. HARRISON5 Mayor
February 15, 1977
The regular meeting of the Edmonds City Council was called to order at 7:40 p.m. by Mayor
Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the
flag salute.
PRESENT ABSENT STAFF PRESENT •
Harve Harrison,
Mayor
Phil Clement
J. Herb Gilbo, M.A.A.
Ray Gould
Leif Larson, Public Works Director
Max Gellert
Joe Wallis, Community Devel. Dir.
John Nordquist
Jack Cooper, Fire Chief
Robert Anderson
Irene Varney Moran, City Clerk
Tom Carns
Lila Crosby, Finance Director
Mike Herb
John Wallace, City Attorney
Wayhe,.Tanaka, City Attorney
Jackie Parrett, Deputy City Clerk
CONSENT AGENDA
(7:40 p.m.)
Councilman Herb
asked that Item
B, Proposed Revised
Criminal Code, be removed from the Consent
MOTION: Agenda. He added that he would
be present for only
about a.half-hour this evening. A MOTION
WAS MADE BY COUNCILMAN GOULD, SECONDED
BY COUNCILMAN
CARNS, TO APPROVE THE BALANCE OF THE
CONSENT AGENDA.
MOTION CARRIED.
The balance of the
Consent Agenda contained the following:
(A) Approval of Minutes of February 8, 1977.
(C) Adoption of Ordinance 1900, Cash Prepayment Ordinance for LID 196.
(D) Authorization to sell surplus fire hydrants to the City of Brier.
PROPOSED REVISED CRIMINAL CODE (-I-tem (B) on Consent Agenda)
Councilman Herb had distributed copies of RCW 9A.68.030, the chapter on Bribery and Corrupt •
Influence, and he explained the purposes of the various sections. He recommended they be
incorporated into the City's Criminal Code. City Attorney John Wallace explained why they had
been omitted, saying they are still State offenses and charges would be filed by the County
Prosecutor. He noted that they would be Class C felonies, more serious crimes than misdemeanors
under the City code. His feeling was that it would be more appropriate that any charges of that
nature be filed by the County Prosecutor, rather than being filed here in the municipal court and
being prosecuted by an in-house prosecution. He said these sections could be included, however,
if the Council so desired. Councilman Herb was in agreement with much of Mr. Wallace's feeling,
but he noted that there could be minor offenses that the County Prosecutor would not find serious
enough to prosecute, and the City may want them prosecuted. He also felt that everyone would
MOTION: be more aware of these rules if they were in the City ordinance. A MOTION WAS THEREFORE MADE BY
COUNCILMAN HERB, SECONDED BY COUNCILMAN GELLERT, THAT THE PROPOSED REVISED CRIMINAL CODE BE
ADOPTED AS DRAFTED, BUT ADDING TO IT AND INCORPORATING BY REFERENCE RCW 9A.68.020, .030, .040,
and .050, AND THAT THESE SECTIONS BE ADOPTED IN THE SAME MANNER AS RCW 9A.68.010 (BRIBERY) HAS
BEEN ADOPTED. A ROLL CALL VOTE WAS TAKEN, WITH COUNCILMEN GELLERT, NORDQUIST, ANDERSON, AND
HERB VOTING YES, AND COUNCILMEN GOULD AND CARNS VOTING NO. MOTION CARRIED.
COUNCIL (7:50 p.m.)
Councilman Anderson inquired about the proposed dinner meeting for March 29. The City Clerk's
office had contacted each of the Councilmen and they were all agreeable to a dinner meeting
MOTION: that evening. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN ANDERSON, THAT
THE WORK MEETING OF MARCH 29 BE A DINNER MEETING COMMENCING AT 6:30 P.M. MOTION CARRIED.