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475 <br />• January 15, 1980 - continued <br />the Police Chief had.recommended approval, subject to the owner-'s meeting other requirements.of the State <br />and of the Health Department. Councilman.Nordquist felt the public should be <br />given the opportunity to be <br />aware of .the..app1.ication,.and he suggested that a public heari.ng.be posted and <br />held, and that it become <br />MOTION: <br />the_po1i.cy�to,.have public hearings on liquor license applications. COUNCILMAN <br />NORDQUIST MOVED,, <br />SECONDED BY COUNCILWOMAN ALLEN,.TO SET FOR HEARING JANUARY .22,.1980 THE LIQUOR <br />LICENSE:APPLICATION <br />OF DEPOT SPRINGS. MOTION CARRIED. <br />Mayor Harrison reported that he.had conferred with City Attorney.John Wallace <br />regarding a settlement <br />with Walcker..Homes, contingent upon an approved landscaping.plan.. Mr. Wallace <br />stated that since <br />this matter.currently is in litigation,it should be discussed in Executive Session. <br />-An Executive <br />Session was scheduled following this evening's regular meeting for this and to <br />discuss labor negotiations. <br />COUNCIL <br />MOTION: <br />Councilman,.Carns advised he would not be present January 22. <br />COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN KASPER, THAT.IT BE AFFIRMED IN <br />THE MINUTES THAT THE <br />TERM OF COUNCIL PRESIDENT IS ONE YEAR AND THE REMUNERATION IS $5 PER DIEM WITH <br />A MAXIMUM OF $100 PER <br />MONTH. MOTION CARRIED. <br />Councilman Naughton asked about the parameters for a new downtown zone and whether that subject was <br />scheduled on an agenda. Acting Planning Division Manager. Mary -Lou Block responded that it was her <br />understanding that it would be included in the new Zoning Code going to the Council in March, and <br />any rezones .to.take place throughout the community should be pursued at that time. <br />Council,President Nordquist had some items to discuss regarding the Council organization,.so COUNCIL <br />• MOTION: PRESIDENT NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS, TO ADD AN ITEM 13 TO THIS EVENING'S AGENDA <br />DESIGNATED "COUNCIL ORGANIZATION." MOTION CARRIED. <br />1 <br />MOTION: <br />(Failed) <br />MOTION: <br />HEARING.ON..SALE OF.PARAPHERNALIA..ASSOCIATED WITH CONTROLLED SUBSTANCES <br />Councilman Carns prefaced this hearing.with remarks about a Lakewood, California, ordinance which <br />was discussed at.a recent National.League of Cities convention. The ordinance prohibited the sale <br />of controlled substance paraphernalia to minors and required that such materials be kept in a separate <br />room from which minors were restricted unless accompanied by a parent or guardian. Councilman Carns <br />stated this ordinance had been adopted by a number of other cities and had been indorsed by the <br />National League of Cities and the California League of Cities and,,further, that President.Carter <br />had asked the Justice Department for a model ordinance to_prohibit-such sales. After these opening <br />remarks, the public portion of the hearing was opened. Leon Couchee of 22705 74th Pl._.W. stated <br />that he had discovered the Lakewood ordinance had been overturned and that there was a. -permanent <br />injunction against interference with such sales and the shop owner. -is suing the City of Lakewood for <br />damages and loss of income. He said he was in favor of controlling the sales with.regard to age, <br />but as far as the items being labeled as "drug paraphernalia," he thought it was hard to so label <br />them as.people can use the pipes and pipe screens for tobacco. He stated he is the owner of Gray <br />Matter.Records .(the only shop in Edmonds selling such items). Bill.Younger of 663 152nd N.E., <br />Bellevue., was concerned about the interpretation of the ordinance and how it will be decided what is <br />drug related. He was concerned that record stores would be singled out and also concer.ned.about the <br />costs involved to enforce the ordinance. He named several states in which he said such ordinances <br />were overturned. He said he hadn't seen -the ordinance, and Councilman Carns gave him a copy... <br />Councilwoman Allen said the Council was not at the point of passing an ordinance but they were only <br />discussing it, and she felt his concerns regarding interpretation were well taken. Joe McIntyre of <br />7030 210th S.W said there was a good idea behind this ordinance but it would be impossible to enforce <br />and a waste.of.time. The public portion of the hearing was closed. Councilman Carns stated that <br />the Lakewood ordinance is a model ordinance. He felt there was no reason to allow the sale of <br />paraphernalia to be used for illegal use. He felt it was time that law-abiding citizens in the <br />community say they have had enough, and he was sure the City Attorneys could draft an ordinance that <br />would make .it illegal to sell such things to minors or to allow minors to viewsuch things without <br />their parents or guardians. Councilwoman Allen felt.an ordinance ] ike the Lakewood ordinance was <br />not enforceable, but she was not sure about the Marysville ordinance which _takes a different approach <br />to the problem.. She said she would like to explore that further, but she felt it would be very <br />difficult.to say for sure exactly what would be used for narcotics.and what would -not. She did not <br />think an ordinance could be drafted to cover that. Councilman Nordquist said he had talked to the <br />Mayor of Marysville about their ordinance which requires the.shop owner to write a complete inventory <br />each month.of everything in the store. He liked the Lakewood.ordinance in that it requires a special <br />room to display the paraphernalia and restricts the sale to minors. City Attorney John Wallace was <br />asked if his office could write an enforceable ordinance. He responded that they would -inquire to <br />see whether the Lakewood ordinance had been overturned and.why, if it had. They could then detern�ine <br />whether it coul'd.be drafted. He said the subject matter was clearly within the police power of the <br />City to regulate. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT THE CITY <br />ATTORNEY BE .INSTRUCTED TO INVESTIGATE THE POSSIBILITY OF WRITING A PROPOSED MODEL ORDINANCE GENERALLY <br />IN LINE WITH THE LAKEWOOD ORDINANCE,.AFTER CHECKING WITH LAKEWOOD, CALIFORNIA, AND THAT IT BE SCHEDULED <br />FOR HEARING._FEBRUARY 5,.1980. Councilman Naughton said he was opposed to the sale of these devices <br />and*even though such.sale could not,be.prohibited, he would.:like to see such sale controlled. <br />Counc.i.l_woman.Childers said it would.not take long for the City.Attorney to write to see what has <br />happened in Lakewood. She felt it would be cost saving to -get more information before instructing <br />that an ordi.nance.be drafted. If'it had not been overturned in Lakewood, she was interested in how <br />successful it has been. She said the information she had did not list the costs, who'enforced it, <br />or what the.penalties were; and she felt more information was needed before making a decision. A <br />ROLL CALL MTE.WAS.TAKEN.ON THE MOTION, WITH COUNCIL MEMBERS CARNS AND NAUGHTEN VOTING YES, AND WITH <br />COUNCIL MEMBERS CHILDERS, KASPER, ALLEN, AND NORDQUIST VOTING NO. MOTION FAILED. COUNCILWOMAN <br />ALLEN THEN MOVED, SECONDED BY COUNCILMAN KASPER, TO HEAR A -REPORT FROM THE CITY ATTORNEY ON FEBRUARY <br />5, 1980 REGARDING THE LAKEWOOD ORDINANCE, AS WELL AS ON OTHER POTENTIAL ROUTES TO CONTROL THE SALE <br />