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19730102 City Council Minutes• 391' 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. l 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. 1 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. u ,392 ETHICS CODE is 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. 1 1 CA 1 • 1 1 • • 6rS � 3 e ► w Y 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. 1 75::::i 1 2�� Ae_�� Irene Varney Mora , City Clerk January 9, 1973 R(1T.T. rAT.T. y .. 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. 0