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19741217 City Council Minutes211 • 1 1 • M. A. A. Ron Whaley stated that we should proceed with setting a bid, -.-date for MOTION: diesel fuel for heating purposes. "'COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMN ANDERSON TO SET JANUARY 3RD FOR THE BID CALL FOR FUEL RRQUIREMENTS FUR 1975• MOTION CARRIED. COUNCILMAN WELLING MADE A MOTION TO PLACE THE OATH OF OFFICE ON THE BOTTOM OF THE AGENDA FOR NEXT WEEK. He said that he felt the present council members'had spent a lot of time deliberating on the court system, and that the new council members would not be well enough informed to vote -on the matter. A ROLL CALL VOTE RESULTED IN COUNCILMEN WELLING AND NORDQUIST VOTING FOR AND THE REMAINING MEMBERS VOTING AGAINST. THE MOTION FAILED TO CARRY. There -being no further business to come.before council, the meeting adjourned at 9:00 P.M. -��'i . lip in H. HARVE HARRISON, Mayor December 17, 1974 ROLL CALL The regular meeting of the Edmonds City Council was called,to order by Mayor Harve Harrison at 7:30 P.M. in the Council Chambers of the Edmonds Civic Center, with all council members present. APPROVAL OF MINUTES The minutes of the work meeting of December loth had been posted, mailed and distributed, and with no omissions, nor corrections, they were approved as written. COUNCIL PARTICIPATION MOTION: COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN ANDERSON TO MOVE ITEM #14 REGARDING UTILITY TAXES, AHEAD OF ITEM #9 ON THE AGENDA. MOTION CARRIED. MOTION: COUNCILMAN ANDERSON THEN MOVED, SECONDED BY COUNCILMAN GELLERT TO HAVE ITEM #11 ON TONIGHT�S AGENDA,.FOLLOW THE PROPOSED ORDINANCE ON UTILITY TAXES. MOTION ULRRIED. Councilwoman Shippen had some items she wanted set for discussion at futuire.• work meetings. On January 14th she would like to disucss trucks on 196th in terms of tonnage limits and speed limits; the Affirmative Action Program Proposal and a review of municipal parking and also the waterfront parking. On February llth:,, she would like to begin disucssion the 5th Avenue Improvement Project, including the cost (how far the $200,000 will take us in the right-of-way) and the range of the hookup cost. Also, to be considered -will be the landscaping and a time schedule for implementing the project. The City Planner asked for clarification with regard to the landscaping. Councilwoman Shippen said she would like to have some idea where trees would be planted and what kind. She also said -the sidewalks and the total project should be discussed. Councilman Anderson said that he has received several inquiries with regard to the progress of the project at 212th and 76th Avenue West. City Engineer, Leif Larson, said that the controller will not be available for installation until January. CORRESPONDENCE The Deputy City Clerk read a letter which had been received from Harold L. Shipman requesting that a slope easement be vacated by the City. This was referred to the City Engineer for a report back. A memo from the City Engineer was also read wherein he asked that L.I.D. hearing dated be set for :the 220th and 196th UAB projects be set. COUNCILMAN GELLERT '''MOTION: MOVED, SECONDED BY COUNCILWOMAN SHIPPEN TO SET JANUARY 28, 1975 AS THE L.I.D. HEARING DATE FUR THE 196TH UAB AND THE 220TH UAB PROJECT. MOTION CARRIED. Mayor Harrison announced that he had a letter from Herb Gilbo, Director of Public Works, stating that on December 5, 1974, Abe Blandin, Street Superintendent, was presented an Appreciation Award for Distinguised Service'at the 12th Annual Road and Street Supervisors Banquet held,at the Greenwood Inn in Olympia. OATH OF,OFFICE CEREMONY FOR TWO NEW COUNCIL MEMBERS Mayor Harve Harrison administered the oath of office to the newly appointed council members, Norma Bruns and Philip Clement. They then took their seats at the council table. 212 PROPOSED..ORDINANCE. RE/ESTABLISHING CITY JUDICIAL•SYSTEM Councilman Welling made some preliminary statements regarding this matter, MOTION: and then MOVED FOR THE ADOPTION OF ORDINANCE #1746 ESTABLISHING A MUNICIPAL COURT SYSTEM IN THE CITY OF EDMONDS. COUNCILMAN NORDQUIST SECONDED THE MOTION. Councilman Anderson stated that the council has spent a considerable amount of time looking into all aspects of this matter and talking-to many of the people involved. He felt there was no clear-cut answer as to whether a municipal court would necessarily be significantly less in cost than our present court costs. He wondered if we have exhausted all possible means to try and exist with the situation as it is. Councilman Anderson said it would be his preference to make one more attempt to deal with the issues, and see if it can be worked out in a period of 90 days or less. If•:this does not result in a satisfactory solution, then he would favor taking the step to establish our own municipal court system. Councilwoman Shippen stated that she would like to have this matter continued until it can be looked into further. Councilman Gellert said that most of the" matters heard in court are of a relatively minor nature, and could better be handled locally.' Councilman Nordquist stated that four years ago the staff came to the council and said they would like to change in our court system. He said that this has been a good trial period, and now they are again asking for a change as it has not been satisfactory. Councilman Nordquist then asked the City Attorney if he felt a 90 day delay would help. Mr. Wallace replied that it would not as far as the major problem with the court is concerned. He thought the remaining points contained in a memorandum, which had been submitted by Councilman Anderson, could be resolved by the city. Mayor Harrison remarked that in going over some figures with Mr. Whaley, it.appeared that the city would realize a greater income under our.own municipal court. THE MOTION PASSED FOLLOWING A ROLL CALL VOTE, 14HICH RESULTED IN ©UNCIL MEMBERS SHIPPEN, ANDERSON AND BRUNS VOTING "NO" AND THE REMAINING COUNCIL MEMBERS VOTING "YES".. • MOTION: COUNCILMAN GELLERT THEN MOVED, SECONDED BY COUNCILMAN NORDQUIST TO PASS ORDINANCE #1747, AMENDING CHAPTER 5.02 OF THE EDMONDS CITY CODE SUBSTITUTING MUNICIPAL COURT FOR REFERENCES TO THE DISTRICT JUSTICE COURT. MOTION CARRIED. MAYOR'S APPOINTMENTS Mayor Harrison pointed out that there is a vaaancy on the Planning Commission now since Norma Bruns is now a new council member. He asked for confirmation of Ramon Gould for appointment to the vacant position (#7) on the Planning Commission to serve for the unexpired term which expires in 1977. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN ANDERSON TO CONFIRM THE APPOINTMENT OF RAMON GOULD. However, Councilman Welling stated that before this motion is voted upon, the rule of interviewing applicants for positions on boards and commissions be waived. Councilman Gellert then said he would temporarily withdraw his motion, and Councilman Anderson withdrew his second. COUNCILMAN WELLING MOTION: MADE A MOTION TO WAIVE THE INTERVIEWING OF THE APPOINTEE. MOTIONZWAS SECONDED BY COUNCILMAN NORDQUIST, VOTED UPON AND CARRIED. MOTION: COUNCILMAN GELLERT THEN'111JOVED, SECONDED BY.COUNCILMAN ANDERSON TO CONFIRM THE APPOINTMENT OF RAMON GOULD TO POSITION #7 ON THE PLANNING COMMISSION. MOTION CARRIED. Mayor Harrison noted that there is a vacancy on the Library Board, Position,#1, as Mrs. Wayne Hall is now retiring. Mayor Harrison offered the name of Mrs. Shirley MOTION: Betham, who now serves at PTA Council President. COUNCILMAN WELLING MOVED, SECONDED BY COUNCILWOMAN SHIPPEN TO WAIVE THE INTERVIEW OF THE PROSPECTIVE APPOINTEE. MOTION CARRIED. COUNCILWOMAN SHIPPEN THEN MOVED, SECONDED BY COUNCILMAN WELLING TO CONFIRM THE • APPOINTMENT OF SHIRLEY BETHAM TO THE LIBRARY BOARD. MOTION CARRIED. Mayor Harrison said there are two terms that are expiring on the Board of Appeals. Mayor Harrison asked to reappont Al Albers for another four year MOTION: termv COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN ANDERSON TO REAPPOINT AL ALBERS TO THE BOARD OF APPEALS,FOR ANOTHER FOUR YEAR TERM. MOTION CARRIED. MOTION: COUNCILMAN NORDQUIST THEN MOVED, SECONDED BY COUNCILMAN WELLING TO REAPPOINT WALT PAYNE FOR A FOUR YEAR TERM ON THE BOARD OF APPEALS. MOTION CARRIED. Councilman Gellert pointed out at this time that he would not like to waive his right to interview candidates when it comes time to select a Municipal Court Judge. The City Attorney noted that there is a need to fill an ex-officio position on the Planning Commission. Mayor Harrison asked Councilman Clement to serve, and he agreed to do so. Mayor Harrison said a new member was need for the Disability Board, as Councilman Nordquist's term is expiring. Councilman Nordquist agreed to serve again. LJ 213 • PROPOSED ORDINANCE PE/REMOVAL OF JAIL SENTENCES FOR CERTAIN MINOR OFFENSES Police Chief, Marto Foster, reviewed this matter for the council and also reviewed the proposed ordinance. Following some disucssion,, COUNCILMAN ANDERSON MOTION: MOVED, SECONDED BY COUNCILMAN WELLING TO PASS ORDINANCE #1748, REMOVING JAIL SENTENCES FOR CERTAIN MINOR OFFENSES. MOTION CARRIED. Councilwoman Shippen inquired if we will still have a screening process for indigents now that we will have our own court. Attorney Wallace replied that there will still be screening. Mr. Wallace said that this could be arranged almost immediately, and that it is just'a matter of creating a checklist and selecting a person to do the screening. Councilwoman Shippen asked if the council could have a report at the January work meeting regarding the format for screening indigents. A roll call vote showed a unanimous 'yes' vote. PROPOSED ORDINANCE INCREASING OCCUPATION TAXES (UTILITY) FROM 5% TO 6% Councilwoman Bruns announced that she had been advised not to vote on this, matter, as she is employed by one of the utility companies. City Attorney MOTION: Wallace explained the reason for.this. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO PASS ORDINANCE #1749, INCREASING THE UTILITY TAXES - TO 6%. FOLLOWING A BRIEF DISCUSSION, THE MOTION CARRIED. • • F REPORT ON SALE OF CITY -OWNED PROPERTY City'Engineer, Leif Larson; reported that no bids had been received and accordingly he would recommend that the properties be re -bid in the Spring when�he "climate" may be better. The properties that were advertised were located at 9th and Main, 9th and Aloha and 235th and 76th. Bill Kasper commented that he would like to have the right-of-way evaluated on 8th Avenue. The City Engineer will discuss this with Mr. Kasper. ORDINANCE ADOPTING BUDGET FOR 1975 MOTION: COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN GELLERT TO PASS ORDINANCE #1750 RELATIVE TO THE 1975 BUDGET. Councilman Gellert stated that he had spent two hours last evening going over the budget, and before it was passed, he would like an explanation.as to how they arrived at some of the figures. Finance Director, Allen Tuttle, went.through the figures for the council. There was a great deal of discussion. Councilman Anderson said he would like to see something in print regarding the water -sewer fund omissions before the budget is passed, so he felt he should withdraw his motion. However, Councilman Gellert did not wish to withdraw his second as he felt the budget was now in category form and would be refined. A ROLL CALL VOTE RESULTED IN A NEGATIVE VOTE FROM ALL COUNCIL MEMBERS, EXCEPT GELLERT AND SHIPPEN. . THE MOTION FAILED TO CARRY. MOTION: COUNCILMAN ANDERSON THEN MOVED THAT THIS MATTER BE PLACED ON THE AGENDA FOR NEXT WEEK WITH CORRECTED PACES, PARTICULARLY FOR THE WATER -SEWER FUND AS AMENDMENT TO THE BUDGET. COUNCILMAN NORDQUIST SECONDED, AND UPON CALL THE MOTION CARRIED. PRELIMINARY PLAT APPROVAL - SIESTA FIRS - 9 LOT SUBDIVISION P-7-74 City Planner, Joe Wallis, made some preliminary statements regarding the plat and showed slides of.th.e project along with some views of the site. Mr. Wallis stated that he has been asked for modifications to be made on the culdesac and he showed some sketches of this. The council did not wish to act on this plat without seeing a drawing which reflected the modification to the culdesac. Mr. Goedecke was in the audience and said he had.a drawing in his car which he would be glad to show the council. This statement was made following a suggestion from Councilman Gellert that perhaps a motion should be made to ask the Planner and City Attorney to get together with the applicant and draft an application containing the proposals made. Mr. Goedecke said he would be glad to provide a. covenant to appear on the final plat covering the maintenance MOTION: of the island in the culdesac. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCIL- MAN ANDERSON TO CONTINUE THIS MATTER TO LATER IN THE AGENDA. MOTION CARRIED. APPOINTMENTS TO TECHNICAL ADVISORY COMMITTEE The Council made the,following appointments: Councilman Welling appointed Les Hanvey and William Bingham; Councilman Gellert appointed J. Kirk Lohman and.Marie King; Councilwoman Shippen appointed Jody O'Brien and Elizabeth Sears; Councilman Nordquist Owen Stanley and Jane Jones; Councilman Anderson appointed Carol Chapmaw and William Pielow and Councilwoman Bruns appointed Valina Walker and Ann Spivey. Mayor Harrison appointed Herb Chaudjere, Leroy Middleton, Bill Leraas and Dennis Derickson. APPOINTMENTS TO COMMITTEE TO STUDY GAMBLING IN THE CITY OF EDMONDS Mayor Harrison asked for confirmation for the following persons to be appointed to the above -mentioned committee: Councilwoman Bruns; Councilman Clement; MOTION: Police Chief, Marlow Foster; Barbara Sanborn and George Paige. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN ANDERSON TO CONFIRM THE MAYOR'S APPOINTMENTS. CARRIED. n LJ 214 APPROVAL OF NATIONAL DISASTER PREPAREDNESS AND EMERGENCY OPERATION PLAN • M.A.A. Ron Whaley stated that he was asked last week to prepare a summary of this report. This was none and submitted to the council- for their review. Mr. Whaley then read the report for the edification of -the staff and audience. Mr. Whaley stated that he and the Fire Chief concur in the recommendations. MOTION: COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN GELLERT TO AUTHORIZE THE MAYOR TO AFFIX HIS SIGNATURE TO THE AGREEMENT. MOTION CARRIED. REPRESENTATIVES OF THE CITY EMPLOYEE GROUP TO WITHDRAW FROM SOCIAL SECURITY Mr. Al Kusulos, representative from Pacific Guardian Life Insurance Company, . made a presentation with regard to a retirement plan to be established in lieu of remaining the Social Security System. He explained the procedures involved in doing this. Ninety percent of the employees have elected to withdraw from Social Security. Mr. Kusulos said that in order to make this plan go into effect, they have to have a letter from the City Clerk telling the Social Security Administration that the employees have decided to withdraw from Social Security. He said they would also like to have the council instruct the Treasurer to deposit with Seattle First National Bank, as of January 1, 1975, the amount that would have been deposited to Social Security. He said the Social Security Administration can refuse to let us withdraw for a period of two years. To continue, Mr. Kusulos said that the check referred to should be deposited with the Trust and Pension Department of the bank, and then he could get the determination of exactly when the Social Security Administration will allow us to drop out of Social Security. A great deal of discussion followed, and the council indicated that they would like to look at this plan in great detail before any definite action is taken. MOTION: COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN ANDERSON THAT THE MAYOR AND • THE CITY CLERK, UPON SATISFYING THEMSELVES THAT A VALID ELECTION HAS BEEN HELD, BE AUTHORIZED TO NOTIFY THE SOCIAL SECURITY ADMINISTRATION OF THE RESULTS OF THAT ELECTION. MOTION CARRIED. MOTION COUNCILMAN GELLERT THEN MOVED, SECONDED BY COUNCILMAN ANDERSON THAT THE CITY ATTORNEY BE AUTHORIZED TO REVIEW THE PROPOSED EMPLOYEE PLAN AND REPORT BACK TO THE CITY COUNCIL AT AN APPROPRIATE TIME. MOTION CARRIED. Fire Chief Cooper stated that he had no knowledge of this plan, and would like to have some information and know what the program is, so that he too can consider the plan. CLAIMS FOR DAMAGES Claims for Damages from David Hartley and Mark Young had been received and were acknowledged by the council. These were referred to the City Clerk for processing. There being no further business to come before council, the meeting adjourned at 11:15 P. M. - T 1 IRENE VARNEY MORAN, C' y Clerk H. H. HARRISON, Mayor December 23, 1974 • ROLL CALL The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison in the Council Chambers at the Edmonds Civic Center at 7:30 P.M., with all council members present, except Clement. APPROVAL OF MINUTES The minutes of the meeting of December 17th had been posted, mailed and distributed and with no omissions, nor corrections,they were approved as written. COUNCIL PARTICIPATION Mayor Harrison announced two more appointments to the Community Development Task Force. They are Bjorn Thuesen and Sam Felton. Mayor Harrison stated that the salaries for the Judge and Judge Pro Tempore should be set so that they can be mentioned to prospective candidates. He said that consideration should be given to whether the salary should be fixed or if salaries should be given a grade level. It was decided that the salary should be fixed. Councilman Welling asked if it would be possible to have the person who is selected to be Judge, take care of paying the Pro Tem.- City Attorney, John Wallace said that this -could be done. Mayor Harrison asked if there was a recommendation regarding the salary. Mr. Wallace replied that they have inquired about salaries, and that the lowest figure that was mentioned was $750 r1 U