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19801125 City Council Minutes16 November..18, 1980 - continued • to live in this town. By this he referred to the downzoning of property by reducing established height criteria and by eliminating alternative land use, such as common -wall townhomes in single- family areas:- He said this is being done without establishing a criterion at the same time to mitigate the -problems this causes.; i :.e. ,. relocation in the. City. He. felt, thi s kind of action by Edmonds does.not do.anything but aggravate the problem, and Edmonds is in effect benefiting by the Boei.ng and other-payrol.ls but is_.not showing responsibility to modify slightly its lifestyle to accommodate the -problem. He stated that Edmonds is really saying•."close the door" and wishing the other neighboring communities and the County good luck, but saying it cannot help. He noted that Edmonds was called out for a population of over 42,000 by the Puget Sound Council of Governements. before any recent 'annexations, and by:the Code actions he.felt_the City is setting a no -growth policy. He agreed with many citizens of Edmonds in that he wants his children to stay in this area and to feel they are wanted,' and.that..they not be driven out, and only because of,the new -Code did he feel adopting this plan was hypocritical, but he intended to vote for the resolution. Council woman Allen read the last paragraph of'the'resolution, stating that any inconsistencies of the Subregional*Development Plan with the City of Edmonds that may now exist or that may exist in the future will be resolved through the amendment process. She said she did not think Edmonds is pulling its weight,but°she thought.Edmonds could move toward guiding some growth there. Councilman Gould said he thought the resolution would.support the area concept and it gives a voice in the area concept, and the policy decisions would be used as a general guide. He did not think that took away from the capacity of City Counc il.people to make decisions -for their immediate area. He thought they could and should do both things. THE MOTION THEN CARRIED. There was no further business to come before the Council and the meeting adourned to Executive session at 10:55 p.m. to discuss the City/Port/Pantley parking lot. U IRENE VARNEY MORAN, gXty Clerk November 25, 1980 HARVE H. HARRISON, Mayor 1 Ll The regular.meeting of the Edmonds.City Council was called.to.order at 8:05 p.m. by Mayor Harve Harrison in'the Council Chambers of -the. -Edmonds Civic Center.. All.'present joined in the flag salute. PRESENT STAFF PRESENT Harve Harrison; Mayor Charles Dibble, M.A.A. Larry Naughten .:.Fred Herzberg, Publ'ic_Works Director Mary Goetz Jim.Adams, City Engineer Bill Kasper John LaTourelle, Community Development Director Paul Christensen, Student Rep. Mary Lou Block, Planning Division Manager Katherine Allen Irene Varney Moran, City Clerk Jo -Anne Jaech Art Housler, Finance Director John Nordquist Marlo Foster, Police -Chief Ray Gould J.ack.Weinz, Fire Chief Jim Jessel, Parks &- Recreation -Director Wayne.Tanaka,.City Attorney Jackie.Parrett, Deputy.City Clerk • CONSENT AGENDA Items (B), (G), and (I) were removed from -the Consent Agenda. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO -APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. (C) Acknowledgment of receipt,of:Claim for Damages.from Hans.J. Lutz, the amount not indicated. at this time. (D) Acceptance of street. -overlay work by Associated. Sand and Gravel, and setting of 30-day lien period. (E) Authorization to negotiate.a contract with Hugh Goldsmith Associates for monitoring land, movement in the north.Meadowdale landslide complex. (F) .Authorization to call for bids on December 23, 1980.for.Anderson Center reroofing. (H) Authorization for Mayor to sign underg.rounding.*contract with PUD. APPROVAL OF MINUTES OF NOVEMBER..I3.AND 18,.1980 [Item (B)..on.Consent Agenda] Councilman -Kasper referred to the fifth paragraph on page 2`of the November 18, 1980 minutes, saying it was his understanding that.the traffic signal referred: -to by the.College Place Elementary School parents was across from-theeschoo'l, not at'208th as indicated.,in the minutes. Councilman:'Gould read the letter from the parents which discussed a light "to be.pl.aced.along 76th W. near College Place Elementary." Councilman.Kasper asked -that the minutes be.,corrected to refer to a light -on 76th in the area of the elementary school: COUNCILWOMAN ALLEN•MOVED; SECONDED BY COUNCILWOMAN JAECH, TO • • November 25, 1980 - continued APPROVE ITEM (B) ON THE CONSENT AGENDA WITH THE NOVEMBER 18, 1980 MINUTES CORRECTED AS INDICATED. MOTION CARRIED.. SET DATE FOR'HEARING ON-APPEAL:OF PLANNING COMMISSION,,RECOMMENDATION'ON FILE R-4-80 TO REZONE FROM.�RS-,20 TO OS PROPERTYIAT APPROXIMATELY 7301 MEADOWDALE BEACH�RD. Item G on Consent Agenda The date suggested.for this hearing had been December.2, 1980, and Councilman Nordquist said he had a note from the Planning Division requesting that the hearing date be changed to December 16, 1980. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN ALLEN,,TO APPROVE ITEM (G) ON THE CONSENT AGENDA, WITH A HEAPING DATE.OF DECEMBER 16, 1980. MOTION CARRIED. AUTHORIZATION TO EXECUTE,.CONTRACT FOR SANITARY SEWER SERVICE FOR WOODWAY [Item (I) on Consent Agenda] Councilman Nordquist felt this item should be held in abeyance until the water/sewer rates study is completed as this contract would have to be renegotiated at that time. Public Works Director Fred Herzberg responded'that the agreement is written so that all of the City of Edmonds' costs will be written into the changes and the consultant will determine what the costs will be. He said Woodway has not been given any definite dollar, figure yet,. -but they would.like to have'the contract approved because they have a number of building permits they are holding up.pending approval of this contract. He was asked,if there is an escalation clause in the contract, and he responded that the contract is reviewed every year and, based on the budget each year,.,the costs to Woodway will be established, so whatever -it costs each year will be paid by Woodway, possibly not immediately but in March of the next year. He noted there were two word changes to be made in -the -contract. At the end of the fifth line in -paragraph 4 on. page 4, the word "scale" should be inserted; and in the last line on page 5 the word "'is" should,be inserted after "$100.00." COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN`KASPER, THAT THE MAYOR BE AUTHORIZED TO.SIGN THE SUBJECT AGREEMENT WITH THE CORRECTIONS INDICATED, -APPROVING ITEM (I) ON THE CONSENT AGENDA. MOTION CARRIED. 2.1vivu Mayor. Harrison asked for.Council. confirmation of his.appointment of Mike Herb to the position of Hearing Examiner. Mr -'Herb is a resident of Edmonds, has a law practice in Lynnwood, has served on the Edmonds City Council and the Snohomish County Board of Adjustment, and is a Deputy Prosecutor for advising the Snohomish County Board of Adjustment. A motion to confirm was not made, and Councilwoman.Allen stated she had not taken part in his interview, and although he knows the community and would be a good person, his application came in after the closing date. She said the City claims to be an equal opportunity employer but it cannot be if the Mayor reopens the application filings when he feels like it.. She said the City has to abide by equal opportunity and affirmative action guidelines or it will. be open to charges from the federal and/or state government. She felt,' therefore, that her presence at�the interview would indicate encouragement so she could not be present at the interview and -would not vote for this appointment. Councilwoman Goetz said she.also was not.present at the interview, and she felt the Mayor had placed Mr. Herb in an untenable position. She said there had been highl,y.qual.ified candidates,. some with hearing examiner experience, and the Council had not been.given any of those names. She.felt the candidates so far proposed by the Mayor did not fit the qualifications called for by the.job.description. Mayor Harrison then read a memo from City Attorney.Wayne.Tanaka which Mr. Tanaka had prepared in response to a.question from the Mayor as to whether he may'appoint a person to the Hearing Examiner position who is not'included in the original list of•appl°icants.. Mr. Tanaka had written: "There is no State law or City ordinance which requires the Mayor.to.make appointments to a,Hear.ing.Examiner position from a specific list. In other words, in absence.of..any contrary provision; the Mayor may appoint any person he deems qualified to-the.position of -Hearing Examiner." Based on that, Mayor Harrison said he would -like to appoint Mike Herb. Counci.lwoman-Jaech_said Mr. Herb.had been.raught in a position which he should not have been placed in, and she apologized to him. She said her understanding was that the Mayor personally called him and suggested he apply. Mayor Harrison said he had not done so, and Mr. Herb • said he had not talked to the.Mayor at all, but had heart; about the position from Councilman Kasper. Nevertheless, Councilwoman Jaech said she thought the t1ayor had overstepped his bounds as the announcement for the position said the.applications must be in by October 6, 1980 and he had disregarded that deadline. She noted that'-6 of t'rhe 37.applicants were women, one of which is Currently a hearing 4 examiner, and other applicants currently are hearing examiners, and'2`of'those who -currently are hearing examiners were not.even interviewed for the.pos.ition. She felt the Mayor was not giving equal- opportunity to women and minorities M his appointments, Mayor Harrison responded that just because the applicant currently happens to be a hearing examiner does not mean that person appears. strong in his/her resume, and it is his job to try to find the best qualified person to do the job for.Edmonds, and he thought he had picked the best qualified. Councilwoman*Goetz asked what kind of point system -he used to make his determination, and.he responded that he had not used a point system but had used judgment. She stated that she felt his judgment was poor and dangerous to the City of Edmonds. Councilman Naughten stated that Councilmen Kasper -and Gould and he had interviewed Mr. Herb, and that Councilman Gould had a list of qualifications on which he had.prepared a grid, and he .asked Councilman Gould to.discuss that. Councilman Gould first stated that he has no friends, relatives, or special enemies on the list of applicants for the position. fie happened to know Mr. Herb,- having served with him on the City Council, and he knows Jack Byrd because he is on the Board of Adjustment. Further,.when going through the process of setting up the Community Development Code, there were people who asked the Council to do a very good job of setting up the Hearing Examiner position and that the appointment.be done carefully, that is and what they were trying to do. He said he had taken the job announcement and listed the requirements and responsibilities of the position (which he read aloud) and he made a grid to see if any qualified, and.it appeared that 5 of the 8 interviewed be `acceptable. would He also thought there were some of the others who were not interviewed who appeared to be. qualified. He felt.the.two.previous candidates.proposed by the Mayor did not fit all the requirements, and also that Mike.Herb did not fit all those qualifications, and he had told.Mr. Herb. that during the interview.. Councilman .l:asper said he had. gone. -through some of. the applicants and.had asked specific questions. He•asked.for planners, attorneys, or combinations of both, and asked -for those names to come out. He_said they could go.through,all.40 people and not know if there. was anybody better qualfied down the.l.ine, and they do not control which names go to LJ 162 November 25, 1.980 - continued • them, so when the names are proposed they have to take the.person or leave him. He -said he had asked Mr. Herb why he had not applied, knowing of his background in the County, and.Mr. Herb said it * was too late:,. but he had suggested.Mr. Herb go ahead and..apply. Counc.i:lman Kasper said he was sorry Mr. Herb.had been put in this position, but the Council members have the.right to vote on their conviction as -to whether this was handled correctly. Councilman Naughten said this is a new and critical position, and because of that the Council feels they should take great care in making the best selection possible from the applicants they have. He felt Mr.' Herb just did not fit all of those qualifications. Councilman Nordquist said he sat with Mr.Herb on the City Council', and he had read Mr. Herb's article on appearance of fairness, and he felt the person appointed should be somebody from outside the.area.and,not in the field of law. He thought it should be somebody more familiar with land -.use hearings. Mayor Harrison said he had.attended-a one -day seminar for hearing examiners and learned that most hearing examiners are lawyers who are hired on a part-time basis, and many cities prefer lawyers to planners because planners frequently get cozy with the planning department and become planning department advocates, whereas lawyers are more independent of the planning department influence. -He thought they should observe that experience of other cities and go with a lawyer. COUNCILWOMAN ALLEN..MOVED, SECONDED BY.000NCILWOMAN GOETZ, TO DENY.THE CONFIRMATION OF'THE MAYOR'S APPOINTMENT OF MIKE HERB TO THE HEARING EXAMINER POSITION. MOTION CARRIED, WITH COUNCILMAN KASPER VOTING NO. Councilman Kasper said he was voting no because he thought Mr. Herb has been a victim of the situation, and he thought.the whole Council agreed with that.. COUNCIL Councilman Naughten suggested that the -Concerned Citizens Council of.Edmonds be utilized as an advisory committee, noting that.they had worked very hard on the Community Development Code and that other advisory committees had been used effectively in the pasta He suggested that they might work on specific items of public interest,.such as the water/sewer rates, although the issue was not the . important thing, but the concept of having them work with the Council. Councilman Gould said he had spoken to Lloyd Ostrom this evening on a similar topic, suggesting that group might help with the budget as it appeared the budget was going to be difficult. He suggested they could advise the Council on the general policy matters without having to.get too deep into the numbers. He thought they could give some advice on.organization of the City which is an.aspect of the budget. In response to a question as to whether an ordinance would be.required, City Attorney Wayne Tanaka stated that the Council would not want the formality of an ordinance for this, that it could be on an ad hoc basis. Councilman Gould suggested a list could be made.of the projects for the Planning Advisory Board -and some of those which that board cannot work on immediately could be set aside for the Concerned Citizens Council to study. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO SET AN AGENDA ITEM FOR DECEMBER 9, 1980 TO DISCUSS THE.SUGGESTION OF USING THE CONCERNED CITIZENS COUNCIL OF EDMONDS AS AN AD HOC COMMITTEE. MOTION CARRIED, WITH COUNCILMAN KASPER VOTING NO. Councilman Kasper felt this would neutralize them. He said they already had given the Council input and they have.a right to give input on the budget, but he felt this would put them on the Council's side. Councilman Naughten responded that these people are by no.means a "rubber stamp" group, and the Council would not want them to be.. Councilman Gould said his main concern was that everyone be aware that everything is open and that they can be involved in whatever they want. Councilman Kasper said that was a good point, but'he said the main thing the .Council needs is to have the information 10 days in advance, not at -the last minute, and they have done that very well. Councilman Nordquist noted that this has not been the.only well-informed, interested group, and he mentioned - the PRIDE group which was'active.for many years and the Lake Ballinger group. Councilwoman Jaech added that when this is set for discussion,it should be indicated that all citizens interested in participating are welcome to do so. Councilman.Nordquist stated that he had asked for an Executive.Session following this evening's meeting to discuss a personnel matter. Councilman Nordquist said he would.li-ke to put on next week's agenda a response from -the City Attorney to'a question he'has regarding part of the definition of the Mayor's job. He noted that in • a memo from the City Attorney's Office of March 18, 1980 it states that the Mayor ". . . may vote in case of a tie, except in regard to.awarding or revoking franchises and licenses or the resolution of the payment of--money."'He.stated that..last week the Mayor's vote broke a tie in a matter where money was involved, and -he asked-,the,:City Attorney for a.response regarding that. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAW ALLEN, THAT THE CITY ATTORNEY PROVIDE A RESPONSE FOR NEXT WEEK'S MEETING.AS OUTLINED ABOVE. MOTION CARRIED. Councilman Kasper commended Buildings.and Grounds Superintendent Felix deMello and the Edmonds Chamber of Commerce on the Christmas decorations in the City. AUDIENCE Lloyd Ostrom, 711 Puget Lane, said.the people are very much interested in how the appointments of the Hearing•Examiner and the Planning Advisory Board are made. He expressed appreciation for the fact that the Council was working very hard at this and said they realized it is not comfortable but hoped that kind of attention would be continued. HEARING ON 1981 BUDGET Finance Director Art Housler gave -an overview of the budget, describing the sources of revenues and the expenditures of the general°fund, and'commenting.on the long-term. debt for the Frances Anderson Center which is separate from the general fund. Following that, the hearing was opened to the public. Floyd E. Smith, 814 Dayton, questioned where the $100,000.in:the Park Acquisition/Improvement". Fund was to be spent'as there was no breakdown shown. He was'told that.supplementary pages had been published showing the breakdown, and Parks & Recreation Director Jim Jessel explained the projects planned. Mr..Smith was especially concerned about the ball field at the Anderson Center. *See correction 12-2-80 • 1•� .f 4f, 6i 1�d® 0 November 25;, 1980 - continued Roger Hertrich, 1020 Puget Dr., was concerned that nothing was being put aside to enclose or cover the swimming pool at Yost Park while Parks & Recreation funds were being used;for other things that he was not sure were necessary. He also was concerned about the undergrounding'funds that were going to,•Dayton St., when SR 524 was going to have pipe;.laid so undergr.oundi.ng could be done in the future. He also questioned -whether the $156,000 revenue•from-1/2c:gas tax money actually would be forthcoming. Mr. Housler said that figure was projected by�the Department of Revenue in Olympia. Mr. Hertrich said he saw. -nothing .in the budget.for..SR..524 cost overruns which he -felt were inevitable. He feltit was irresponsible..to,obligate every penny of 1981 street repair funds for right-of-way acquisition and that there would'have to be money for street repairs.. Natalie Shippen, 1022 Euclid, said.it was her understanding that the Council had ruled out under - grounding of the upper part of the SR 524 project and'did-agree'to discuss the ..lower part to see if At could be afforded. She note& that it had been stated at one time that if a major street project ..was going on that would get.p.riority for undergrounding. She asked the City Attorney what the provisions were of the agreement with PUD as to matching funds for undergrounding, as she questioned the fact that PUD now was stating it no longer could participate. Mr.. Tanaka said he would look into that. Mrs. Shippen said she did not oppose the waterfront for undergrounding, and she felt that was a good investment. She felt the City would have to pay for any retaining walls the residents on SR 524 may -want as they have not been making very good headway with the State. She said she had been very happy with the way the improvements at the,Anderson Center had progressed, and she was " sorry~to see the beautification dropped from the budget as there used to be a separate fund to give attention to such things"as the mini -parks in downtown, and she would like to see that considered again . She had a question regarding the Executive,Branch salaries and wages, and she was told there are no salary increases for the. Council or Mayor except for cost of living.- No one else wished to speak, and the -public portion of the hearing was closed. • The Council felt it would have to have at least one.more.work session on the budget, and a work meeting was scheduled for 8:30 a.m., Saturday, December 6, 1980. There was no further business to.come before the Council, and the meeting adjourned to Executive Session at 9:50 p.m. IRENE VARNEY MORAN, Cit Clerk HARVE H. HARRISON, Mayor December 2, 1980 The regular meeting of the Edmonds City Council was called to order at 8:05 p.m. by Mayor Pro tem John Nordquist in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT John Nordquist Harve Harrison, Mayor Charles Dibble, M.A.A. Jo -Anne Jaech Larry Naughten Fred Herzberg, Public Works Director Mary Goetz Paul Christensen, Jim Adams, City Engineer Katherine Allen Student Rep. Irene Varney Moran, City Clerk Bill Kasper John LaTourelle, Planning Consultant Ray Gould Mary Lou Block, Planning Div. Mgr. Jim Jessel, Parks & Recreation Dir. • Jack Weinz, Fire Chief - Marlo Foster, Police Chief Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Items (B), (F), and (I) were removed from the Consent Agenda. COUNCILMAN GOULD.MOVED,-SECONDED BY. COUNCTLWOMAN.GOETZ, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. (C) Setting date of December 16, 1980 for hearing on Shorelines Management. Substantial Development -Permit for Union Oil Park Development at.south end of Admiral Way. (File SM-3-80) (D). Setting date of December 16, 1980 for hearing on Shorelines Management Substantial Development Permit for Waterfront Improvement Program, west end of Dayton St. and Union Oil Marsh. (File SM-4-80) (E) Setting date of December 16, 1980 for hearing on Petition for Annexation of Area between 227th P1. S.W..and 228th St. S.W., and between 80th Ave. W. and City Limits. (G) Authorization to purchase word processor for.Public Works Department. (H) Authorization to replace damaged Unit 24 with used vehicle. (J) Approval of lease -rate increase for Anderson Center.