19730102 City Council Minutes•
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members were encouraged to visit this new office. Councilman Nordquist also
asked that council members look over new agreement before Mayor signs it.
CLAIMS FOR DAMAGES
The council acknowledged claims from Geoffrey T. and Carol B. Kerney and Verna I.
Stockman and referred them to the City Clerk for processing.
Councilman Nordquist wished the council and staff a safe and Happy New Year.
There being no further business to come before council the meeting was adjourned
at 8:40 P.M.
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Irene Varney Mor , City Clerk Harve- R. Harrison, Mayor
January 2, 1973
R(1T.T. (AT.T.
The regular meeting of the Edmonds City Council was called to order at 7:30 P.M.
by Mayor Harve Harrison,with all council members present except Winters.
APPROVAL OF MINUTES
• Minutes of the meeting of December 26 had been posted, mailed and distributed,
and with no omissions nor corrections, they were approved as written.
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COUNCIL PARTICIPATION
Councilman Haines reported that he had been appointed temporary Assessor until a
permanent appointment can be made following the death of Snohomish County Assessor
C. L. Barlow. He asked Attorney John Wallace if any action should be taken on this,
and if it would create any conflict with his City Council position. Attorney
Wallace advised that there was no conflict; that a person could not hold two
positions within the same city at one time, but that in this case, no problem had
been created to conflict with his position as Edmonds City Councilman.
Mayor Harrison read a letter from the office of the Attorney General, stating that
elected officials whose financial reports are required by Initiative 276 do not have
to file such statements until January 31, 1974. Although the Initiative goes into
effect on January 1, 19739 it does not include any provision for retroactive finan-
zia'l filings to cover calendar year 1972. Therefore, according to legal interpre-
tation, the first year for which such reports will be required is calendar year
1973. Attorney General Slade Gorton said reports for 1973 will be required from
afficials holding office on or after January 1, 1974, and any individual who holds
two elective offices for which such reports are required need not file separate
statements for each position.
AUDIENCE PARTICIPATION
Mrs. Sexton spoke to the council and stated that she had appeared before them
several months ago in regard to police protection. She now said that she had been
informed that the city intends to foreclose on her property for an unpaid sewer
assessment, but that she did not know that the assessments.had not been paid. City
Engineer Leif Larson noted that this was under LID 139, the Unit I sewer project,
and advised that this be taken up with the City Treasurer's Department. Councilman
Tuson asked how many years an assessment could remain unpaid before foreclosure.
Attorney Wallace answered a minimum of two years of non --payment. Mrs. Sexton said
she had no idea the assessment had not been paid off by her mortgage company, but
that her taxes had not been paid either, and she felt it would be foolish for her
to pay anything on the assessment before she found out just what had not been paid.
Councilman Gellert noted that her mortgage company, Sparkman & McLean, was in re-
ceivorship, and if they were listed as owner of record, they might not have passed
on the information in regard to the assessments. He added that all taxes, etc. go
to the mortgage companies ininstances such as this, where the owner of record is
listed as the mortgage company, and the property owner may never be aware of the
particular transactions. Attorney Wallace advised that there was opportunity for
Mrs. Sexton to pay the assessments, plus interest and penalties, before March 1,
and the foreclosure action would be dropped. Also, he noted, that there is a two
year redemption period after the foreclosure sale. Mrs. Sexton was advised to go
to the City Treasurer's office, where it could be determined just what payments
had not been made and what was the exact amount owing up to this date.
CORRESPONDENCE
The City Clerk read a letter from Roberta Peterson, reprimanding the City Council
for its decision to erect a fountain in the Square at Fifth and Main. She felt
this was a bad idea, and offered suggestions for improving downtown Edmonds as well
as noting that the Edmonds waterfront was its greatest asset for natural beauty.
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ETHICS CODE
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Many months.ago, Councilman Haines had suggested a Code of Ethics for the City of
Edmonds. A copy of the Anchorage Code had been obtained, and Council had decided
to wait and see if State Initiative 276 passed before going ahead with a code for
Edmonds. Attorney John Wallace stated that the original proposal as submitted by
Councilman Haines, as compared with the Anchorage ordinance, and a portion of
Initiative 276 had been given to each council member to make them aware of the
specific reporting requirement now imposed by state law. He now needed an order
to draft a proposed ordinance, and also to know if anything should be added, with
direction from council in respect to if they have any ownership interest that may
present a conflict situation, what would be the prescribed course of action for
the councilmember - to abstain, step down, or go on his own judgement, or what -
that is basically the input now needed.
In answer to an inquiry from Councilwoman Shippen on whether our ordinance could..
be more prohibitive than #276, Attorney Wallace stated that the City could do
nothing less than the state unless the state has preempted the field by legisla-
ting in, and that would have to be by a case by case method.
Councilman Haines said that council actions on planning and zoning matters need
impartial decisions, and an official should not participate in voting if his in-
terest in the matter tends to be over and above that of the average citizen; that
is, ownership or part ownership, or interest of any nature connected with the
action. He added that he intended only ownership of anything in the City of Edmonds
to be listed, but he felt there should be some code enacted to give guidelines on
ghat officials should vote upon, step down or abstain from, and any financial
interests in the city should be open for public scrutiny. Councilman Gellert said
he was against double reporting, and did not feel two sets of disclosures were
necessary; therefore, Part 2 of Councilman Haines's suggestion could be eliminated,
in view of the necessities in Initiative 276. Councilwoman Shippen noted that 276
would include reporting only within certain monetary limits, whereas all interests
and partnerships within the City of Edmonds would be listed, regardless of value.
Councilman Haines remarked that this had been done over two years ago, but had
then only called for a listing of property interest within the City of Edmonds.
Councilman Gellert then made a motion, seconded by Councilman Tuson to instruct
the City Attorney to draw an ordinance along the guidelines suggested by Council-
man Haines, with the exception of Part 2. Councilwoman Shippen stated that filing
of two reports did not seem to be enough of a reason for not adopting the suggested
code in its entirety. Councilman Tuson asked for the motion to re -read, and then
with drew his second when he found he had misunderstood the motion made by Council-
man Gellert. Councilman Tuson said he was in favor of keeping Part 2 of the
suggested code. Therefore, the motion died for lack of a second. Councilman
Haines moved, seconded by Councilman Nordquist that the City Attorney be instructed
to draft a proposed ordinance along the lines outlined in this proposal, with any-
thing that comes to his attention that is in conflict with any state law to be
omitted. Councilman Nelson noted that keeping track of contributions over 5% for
campaign expenses was rather difficult, and he would suggest amending Part 3,
Paragraph A to state 5% or $25, whichever is greater. Councilwoman Shippen asked
about refusal to comply and would this be a misdemeanor, and Attorney Wallace
agreed that it would be, if a deliberate act. Councilman Nelson said he was in-
clined to favor other than real property to be listed, and extend this to acknow-
ledging receipt of gifts if the giver's interest were meant to be affected by
this act. He also said that perhaps in addition to elected officials, members of
boards and commissions should be included. Councilman Haines suggested starting
with the elected officials and then perhaps expanding to include city employees;
but he said he would take a hard look before applying this to council appointed
boards and commissions, since they are only advisory. Councilwoman Shippen asked
about equal rights as applied to this, and would the income of a husband apply to
the wife. Attorney Wallace answered that the husband's income is regarded as the
wife's source of income, and vice versa. There was discussion on what constitutes
the immediate family, and this was declared by law to be those within the immediate
household. Following further discussion, the motion to draft the proposed ordinance
carried.
PREPAYMENT ORDINANCE FOR LID #184
The cash prepayment period for LID 184 having expired, a motion was made,by
Councilman Gellert, seconded by Councilman Nelson that proposed Ordinance #1631
be passed, stating the total of assessment roll and the amount received as cash
prepayment, and stating the amount and number of bonds to be issued in connection
therewith. Motion carried.
NOMINATION AND ELECTION OF MAYOR PROTEM FOR 1973
Councilman Tuson made a motion to place Councilwoman Natalie Shippen's name in
nomination as Mayor Protem for 1973. This was seconded by Councilman Gellert.
Mayor Harrison asked if there were any other nominations, and Councilman Nelson
moved to place Councilman Nordquist for nomination. There was no second to
Councilman Nelson's motion. Call for the question on the first nomination re-
sulted in the motion carrying, and Councilwoman Natalie Shippen was duly elected
as Mayor Protem for 1973.
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AUTHORIZE MAYOR TO SIGN SNOHOMISH HEALTH DISTRICT AGREEMENT
The Public Health Contribution Agreement from the Snohomish Health District came
before council for action. The payment for 1973 for each',member of the Health
District is set at 75c per capita, unchanged from the present charge, and this
Agreement is a statement of understanding concerning this payment. It was moved
by Councilman Tuson, seconded by Councilwomah..Shippeh to.autho:rize the Mayor to
sign the Snohomish Health District Agreement. Councilman Nordquist- stated that
he had served on the Board for a year, and because it is difficult for him to
attend the meetings, he asked that someone else from the council be appointed to
replace him. Mayor Harrison noted that Councilman Tuson had also asked to be
taken off the Transit Board, since he could not attend the morning meetings, and
the Mayor asked for any volunteers from the council who would like to serve in
either of these two openings to please contact him. The motion to authorize the
Mayor to sign the Agreement then carried.
. SECOND READING: PROPOSED ORDINANCE TO REDUCE FEES ON APPEALS TO BOARD OF ADJUSTMENT
Second reading was heard on the proposed ordinance amending section 12.01.080 of
the Edmonds City Code, reducing the fee to be charged for appeals to the Board of
Adjustment from interpretations of the Building Inspector or City Planner from
$25 to $10. Mayor Harrison reminded council that this had come about because of
a letter received from Mr. Olson, and the Mayor had felt it justified and had
suggested that the fee on an appeal of this nature should be reduced. When asked
by council, Building Official Harry Whitcuttoanswered that there were very 'few
appeals of this type. '
A motion was made by Councilman Gellert, seconded by Councilman Haines that pro-
posed Ordinance 41632 be passed, reducing the fee from $25 to $10 for certain
appeals, and the motion carried.
PROPOSED 1973 SALARY ORDINANCE
In,regard to the proposed 1973 Salary Ordinance, Mayor Harrison recommended that
Council hold an executive session or two to go over the salary suggestions.. It
Was therefore moved by Councilman Gellert, seconded by Councilwoman Shippen that
council hold an executive session at the end of this meeting to go over the pro-
posed salary ordinance for 1973, and the motion carried.
Meeting was then adjourned at 8:50 P.M., with executive session to follow.
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Irene Varney Mora , City Clerk
January 9, 1973
R(1T.T. rAT.T.
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Harve H. Harrison, Mayor
The regularinmeeting of the Edmonds City Council was called to order at 7:30 P.M.
by Mayor Harve Harrison, with all council members present.
APPROVAL OF MINUTES
• Minutes of the meeting of January 2, 1973 had been posted, mailed and distributed,
and with no omissions nor corrections, they were approved as written.
COUNCIL PARTICIPATION
Councilman Tuson said he had read recently in the Western Sun that the Planning
Commission had voted not to encourage traffic in the downtown area. He inquired
if councilwoman Shippen had attended that particular meeting. She said it was
her understanding that they were discouraging signing of the streets if they were
labeled "scenic".
Councilman Gellert asked if the City had received its second revenue sharing check
yet? Mayor Harrison said that one had been received in the amount of $717488.00.
This is less than the last check and the reason is that the Treasury Department
is holding a 5% reserve to facilitate future adjustments for this entitlement
allocation. The Secretary will keep the books open for the first and second
entitlements until the -recipient'. is satisfied that the data base is correct.
Councilwoman Shippen noted that one of the suggested uses for revenue sharing funds
was for fire hydrants. She wondered if the staff was waiting for recommendations
from the Council or if it.is now being prepared. CAO Ron Whaley stated that he
is preparing this material.
Councilwoman Shippen then said she would like to make a motion that the Engineering
Department present to the Council the cost of undergrounding from 9th at Westgate
to the limited access area near Paradis-- Lane. The motion was seconded by Council-
man Gellert. During the discussion that followed, Councilman Nelson asked if the
Council could havea report in two -weeks. On call for the question, the motion carried.
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