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19730814 City Council Minutes• 7 Councilman Anderson said that as a new councilman he had tried to educate himself and had made appointments with staff members in order to learn more about how the city operates and that his education continues from week to week. He said he thinks the council is the force that.makes the community what they and the people think it should be. Mayor Harrison commented that in his political science education he had always been taught that there are not clear lines between the executive branch of the government and the legislative. He said that cooperation is the key and he offered his cooperation to the greatest extent possible. Councilman Gellert commented that governments have a tendency to grow and over- emphasize their own importance. He thought we should provide the services the citizens really want and need and not try to do more than that; and that we should have the smallest possible government to do what the people want and need.. Councilman Tuson said that tie thinks the residents should be able to call a councilman and talk about their problems and that the council member should be able to assure them that it will be..looked into; otherwise we will lose our small town complex. After some further discussion, Councilman Gellert made a motion seconded by Councilman Nordquist to place on the agenda for August 21st a review of the Council Calendar Method of meetings. Motion carried unanimously. REPORT FROM CAO ON STATUS OF CONTINGENCY FUND, ALONG WITH CONSIDERATION OF $21.500'-FOR PHYSICAL DEVELOPMENT OF YOST PARK • This had been reported on earlier in the evening. Mr. Whaley made a few more comments, summing up by saying that financially we are in very good shape.'-'' Councilwoman Shippen asked Keith LaBelle to comment with -regard to -the Yost Park development.- He said that the timing is about right now to do this work before the inclement weather sets in. He stated that the money they have in. their budget would be reserved for work on other parks if possible. Councilwoman Shippen made a motion seconded by Councilman'Anderson that $21,850 be provided for the physical improvement of Yost Park out of the contingency fund. There was some discussion on whether to do the work now, or if it would be adviseable to take any more out of the contingency fund at this time. The motion was then voted upon and carried with Councilman Nelson voting "no". APPOINTMENTS Mayor Harrison.announced that he had appointed Mrs. Margaret Johnson, who lives in the Ballinger Area, to the Shoreline Advisory.Policy Committee to replace Lee Allberry. Mayor Harrison then appointed Howard Washburn to"the-Planning Commission to replace Bob Daley. Both these persons reside in the Ballinger Area. He asked for council confirmation of this appointment. Councilman Nordquist made the motion seconded by Councilman Anderson to confirm the appointment of Mr. Washburn. The motion carried, with Councilwoman Shippen abstaining. There being no further business to come before council the meeting adjourned at 10:50 P.M. • Eleanor Quealey, Deputy y Clerk August 14, 1973 ROLL CALL Harve H. Harrison, Mayor The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison at 7:30 P.M. All council members were present. APPROVAL OF MINUTES Minutes of the council meeting of August 7-had been posted, mailed and dis- tributed, and with no omissions nor corrections, they were approved as written. COUNCIL PARTICIPATION Councilman Tuson questioned Councilman Nelson on a statement made at the Port Commission meeting regarding a boat landing ramp on the future plans. for Sunset Beach. Councilman Nelson answered that boat facilities were on -lithe r6lief drawing, but not on the future plans, and this was a misunder- standing. Councilman Tuson noted that in the minutes of the Community Development 0 r: Council, "eyesores" were mentioned, and he would like to bring to their attention the tug which sits atop the barge down offthe beach, and it is an eyesore when the tidegoes out. Mayor Harrison said the Recreation. Director will hold a meeting with Scuba Diving Club members and the Mayor to come up with a plan to raise this and'move it farther out. Councilwoman Shippen spoke about the information distributed on the finan- cing of the solid waste program and inter -local agreement, with the question of a use tax, head tax, or a combination of both. Councilwoman Shippen then made a motion, seconded by Councilman Gellert to set August 21 as the date for council discussion on the solid waste plan, and the motion carried. Councilwoman Shippen asked about the August 3 minutes of the Community Development Council: Under items 6 and 7. She asked if the bike trail plan would also include transit turnouts? Assistant City Engineer Dick Allen answered that yes, this would be included, and there would be more informa- tion on the financing status at the UAB meeting to be held in Olympia on Thursday. Engineer Allen answered that under item 7, there would be a sprinkler system. He reported that letters had been written, but no reply had been received from the Highway Dept. as yet. Councilman Nelson stated that he was at the hearing on this matter, and a preliminary,.unofficial reply was that the State would propose to the City that the Highway Dept. would pay monies to the.Public Works Department of the City if the City would then take over the maintenance. However, the City will await the official reply from the State before final discussion on this matter. Councilman Anderson advised that he would be absent from the council meeting of August 28. Councilman Anderson asked if there was an ordinance regulating bicycle lights being necessary at night. The answer to this was yes. Councilman Anderson then inquired if this was actively pursued and enforced.. He stated that this seemed to be a problem, because.90% of bikes he saw after dark were using nothing but reflectors. Chief Foster answered that this certainly was a hazard and very difficult to enforce. Councilman Anderson asked if there was a means of public information being used, and Chief Foster answered there was police sponsored.education at the schools, and they hoped for improvement. It was more of a.problem during the winter months than summer. Councilman Gellert reported that all council members had received the pre- liminary budget from SNOCOM, and this was to be acted upon at the next monthly meeting the first Thursday in September. Any comments from council should be given to him or Chief Foster prior to that time. He noted that there was a 2.4% increase over last year, and this was mainly due to wage increases. Councilman Gellert mentioned that there was considerable question as totwhether the county would renew its agreement -with SNOCOM in the future, as t%ekr seemed.to be using SCOPE. Mayor Harrison stated that he was impressed with the budget figures and felt the service to the City of Edmonds was better and cheaper than when the city hired its own dispatchers. Mayor Harrison told council that the Police and Fire Departments would be de- livering annexation packets to the homes in the newly annexed Chase Lake area at the same time the census is being taken there. He reported that the packet would contain pamphlets on the Fire Dept., Police Dept., Civic Center, the numbers of various services in the area (telephone), a Yost Park swimming schedule, a.welcoming letter from the Mayor, and an emergency number. AUDIENCE PARTICIPATION Doug Schaffer from the Recreation Department reported to council that the Department had called King Broadcasting in regard to a rock band which King sponsors and would supply at no charge and broadcast it over King Radio. The Recreation Dept. felt this would be a function that could be enjoyed by teenagers using Yost Park pool. Jane Molner from King Broadcasting was present and advised that this band was scheduled for August 25 from 2:00 to 4:00 in the afternoon. Verbal contract had been made with King, but it was now being asked of council if they had any objections. Mayor Harrison noted the noise factor, as well as real concern for the newly planted grass on the slope, and he advised council that he had some question, but would let council decide. Police Chief Foster stated that he had some reservations on inviting teenagers from Seattle via radio; he said he had no objection to having this sort of function with local advertising, but cautioned on large numbers of people coming into Edmonds with no responsibility to the community. Doug Schaffer admitted that the Recreation Department realized that there would be some damage to the grass on the slope, but it would have the remainder of the fall to recover and growth next Spring before the pool is used again for the season. He added that Bill Phillips had been approached in regard to this, and this band had played at Edmonds Senior High School and.Mr. Phillips had been impressed with it. Jane Molner told council that 40 -junior high schools in the area had agreed to the rock band and there had been no problems. She noted that this appealed mostly to the younger junior high age. Councilman Tuson agreed with Mayor Harrison in regard to the concern for the newly planted grass area, although 1 • I- 0 1 1 E • 0 he said he certainly was not against kids having the bands to enjoy. Chief Foster made -the statement that the'Police Dept. would certainly police this function as necessary, but there was nq control at this point since they did not know what to expect. Councilwoman Shippen said why not try it -and see. Councilman Gellert stated that -maybe ten or so parents would volunteer as, chaperones, and in that case -he -would -have no objections. In answer to the Mayor's question if this had been taken before the Park Board for considera- tion, Doug Schaffer answered no, buthfelt it was pretty much an adminis- trative problem. Councilman Gellert Ehen made a motion, seconded by Council- woman Shippen to approve the appearance of the King Broadcasting rock band at the Yost Park pool area on August 25 from 2 to 4 P.M. with sufficient volunteer chaperones to keep this affair under control. The motion carried. Councilman Nordquist thanked Jane Molner and the King Broadcasting for their interest in children via this rock band. Dewey Leyda brought to council attention the narrow and much used street on Pine west of Third Avenue, which is used by the ferry traffic, and which is in need of overlay. There was discussion on this, and it was the opinion of council to ask the state if it would put some money -into this street. There was also some discussion with Engineer Dick Allen in regard to the dry sewers in the area and the unsewered homes on Third in that vicinity. He noted there were some 30 or 40 homes involved. Mayor Harrison said he felt it would be well if the city took the initiative to start an LID for sewers in the area and inquire into getting some help from the state on the overlay. CAO REPORT • Acting CAO Marlo Foster stated that the city needed, for one time only, a Deputy Prosecutor. He suggested Mr. David Webber or Ken Beckley, and that council could appoint either one to be prosecutor, whichever is available. Both are from Mountlake Terrace, and it was then moved by Councilman Nordquist, seconded by Councilwoman Shippen that either David Webber or Ken.Beckley be appointed Deputy Prosecutor for Edmonds for this one case; whichever man is available. Motion carried. PROPOSED ETHICS ORDINANCE Question of a proposed ethics ordinance for the City of Edmonds officials had been continued from the meeting of May 22. Councilman Nelson was concerned that this might be a duplication, since state Initiative 216 serves the need. There was discussion, and a motion was then made by Councilman Gellert, seconded by Councilwoman Shippen to instruct the Attorney to prepare an ordinance based on the draft -submitted, -deleting Paragraph A under Section 4.• There was discussion, and Councilwoman Shippen then moved, seconded by Councilman Nelson to amend the motion by changing Section 4F, Paragraph 2 to strike the words ".by officials or registered voters" and substitute "'by public" during business -hours. Councilwoman Shippen noted that all the public, not just the elected officials and registered -voters, should be able to inspect the records. During further discussion, City Attorney Wallace advised that coverage in this proposed ordinance would be substantially broader than under 276. Councilman Anderson brought up the question on parents, siblings, nephews, nieces, etc., and there was discussion on coverage of families and family ownerships. Councilman Nelson stated that he still felt that under Initiative 276 the • public had voted for what they wanted to see, and -he suggested filing '-a copy of that form with the City Clerk for reference by the public in Edmonds when warranted. Councilman Gellert noted that it would be difficirlt'­ for any individual to see what he did in the City of Edmonds by looking at his filing under 276, whereas this proposed ordinance would be simple and anyone could quickly see what you do in the City of Edmonds. Councilman Nelson mentioned outside buying for --the city - the fire truck; -for example, and -how would any- one know if you or your family had interest in these outside companies.: Councilwoman Shippen stated that she felt this proposed ordinance would be simple and accessible, whereas anyone interested would have to write Olympia for 276. Councilman Nelson proposed the City Clerk get duplicates of.form 276 from Olympia at city expense. Councilman Gellert mentioned that in the proposed ordinance, under 4E, ownerships, this could be violated unknowinglyi, Councilman Anderson agreed, and said councilmembers would become responsible under this section to know all the companies the city does business with, and from a practical.standpoint, wouldn't necessarily know if nephew, for ex -- ample, owned shares. Vote was then taken on Councilwoman Shippen's amendment, and this carried. Councilman Gellert moved, seconded by Councilman-Tuson to amend the proposed ordinance under Section 3, Paragraph 2 by adding four words at the end.: "who reside within Edmonds". that is, city limits of. Edmonds. Councilman Nelson stated that a member of the family living in California could own property in the City of Edmonds. There was some discussion, and a roll call vote on this amendment resulted in Councilman Gellert, Tuson, Nordquist and Anderson voting in favor; Nelson, Shippen and Winters against, and the amend- ment carried. 40 10 • Councilman Nelson made a motion, seconded by Councilman Anderson to further amend by deleting Paragraphs 4B, 4C9 4D, 4E, and 4F through, but not including, the last paragraph. Councilman Nelson explained that what this was really doing was keeping Section A that all disclosures required to be filed by the laws of the state, namely 276, be filed also with the City Clerk. He added that 276 was voted in by an overwhelming majority of the public in this area, and he felt you couldn'.t do better than this. Councilwoman Shippen remarked that the disclosures were beyond reach of the idle curious in Olympia. She said that here a report on file would be separate, more pertinent and inclusive for public scrutiny. Following some further dis- cussion, a roll call vote was taken, with Nelson, Anderson and Winters in favor; Gellert, Tuson, Shippen and Nordquist against, and the amendment failed to carry. It was then moved by Councilman Gellert, seconded by Councilwoman Shippen to amend Paragraph 4E by adding at the end of "and which does business with the City of Edmonds" the phrase "on a bid basis, or appears before the council or appointed Boards of the City of Edmonds". A roll call vote on this amendment showed all councilmembers voting in favor except Nelson, and it carried. Councilwoman Nelson then moved, seconded by Councilman Anderson to amend Section 5, Paragraph A by striking the period, placing a comma and adding "or a minimum of 5% or $5.00, whichever is greater." On call for the question, this amendment carried. Councilman Anderson then moved, seconded by Councilman Nordquist to amend Section 3, Paragraph 2 by striking the last four lines and substituting "the spouse, parents, and children of public official and parents of public official's spouse, who reside within -the city limits of Edmonds", and this amendment also carried. Councilman-Nordquist made a motion, seconded by Councilwoman Shippen to amend Section 5D by striking the words "income producing", and this amendment also carried. The main motion as amended then was voted upon, and a roll call showed Councilmembers Gellert, Tuson, Shippen, Nordquist and Anderson in favor; Winters against; Nelson abstaining. The motion, as amended, therefore carried: DISCUSSION OF CONSIDERATION OF ADOPTING PRIOR STUDY APPROACH FOR CAPITAL IMPROVEMENT PROGRAM City Planner Joe Wallis summarized the intent of the recommendations in the Prior Capital Improvements program for council clarification. There was council discussion on several items. Councilman Gellert suggested four phases: (1) financed by current revenues of the city; (2) financed by bonds voted by council; (3) financed by requirement of citizen action (G.O. bonds or LID); and (4) revenue with sharing by the people, such as the 1/3 on under - grounding of wires, etc. Councilman Gellert added that the 5 year capital improvement program should be separated into these categories, with each having its priority list, and being separate programs. There was much discussion, followed by a motion being made by Councilwoman Shippen and seconded by Councilman Nordquist that council adopt by resolution Prior's guideline on Capital Improvement Program planning, including the submission dates on Page 60 and including Councilman Gellert's recommenda- tions on presentation on financing. Motion carried unanimously. PROPOSED ORDINANCE AMENDING UNIFORM BUILDING CODE - HEIGHT OF GUARDRAILS Building Official Harry Whitcutt gave an explanation of the proposed ordinance to amend the Uniform Building Code by establishing height of guardrails. He stated that the reasons were to bring guardrails in all occupancies to the same requirements and to clarify maximum height above grade of 36 inches guardrails. He then recommended adoption of the amend•& ment. A motion was made by Councilman Nordquist, seconded by Councilman Anderson that proposed Ordinance #16.75 be passed, and the motion carried. CLAIMS FOR DAMAGES A claim for damages was acknowledged from H. Dean Powell, and this was referred to the City Clerk for processing. There was no further business to come before council, and the meeting was adjourned at 9:50 P.M. jztl� Z/ Irene Varney.Moranl City Clerk Harve arrison, Mayor 1 • 1 • LJ C�