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19840814 City Council Minutes~August 14, 1984 - Work Meeting The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present.joined in the flag salute. PRESENT ABSENT STAFF PRESENT Larry Naughten, Mayor Steve Dahl, Student Rep. Jim Adams, City Engineer Jo -Anne Jaech Mary Lou Block, Planning Director Steve Dwyer Art Housler, Finance'Director Laura Hall Jim Jessel, Property Manager Bill Kasper Pat LeMay, Personnel Director John Nordquist Bobby Mills, Actg. Pub. Wks. Supt. Lloyd Ostrom Jackie Parrett, City Clerk Jack Wilson Dan Prinz, Police Chief Steve Simpson, Parks & Rec. Director Scott Snyder, City Attorney Shirlie Witzel, Recorder Mayor Naughten removed Item 6(C), Nonrepresented Personnel Employee Benefits Program, from the • Agenda because a consensus could not be reached on the proposal at this time.. CONSENT AGENDA Items (C) and (D) were removed from.the Consent Agenda by Councilmember Kasper. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST NOT PRESENT DURING VOTING OR DISCUSSION OF THE CONSENT AGENDA. The approved items on the Consent Agenda included the following: (A) Roll call. (B) Approval of minutes of August 7, 1984. (E) Final subdivision approval for the Plat of Pine Ridge Lane, located at 8507 and 8519 204th St. S. W. (P-2-84/Helleren). (F) Authorization for Mayor to sign Interlocal Agreements with Snohomish County for following projects: Downtown Pedestrian.Improvements (HCD 1983 #32) and Boys' Club Improvements (HCD 1983 #33). AUTHORIZATION FOR MAYOR TO EXECUTE LEASE WITH BURLINGTON NORTHERN RAILROAD TO ALLOW CONSTRUCTION OF FENCE AT EDMONDS MARINA BEACH AND TO EXECUTE INDEMNITY`AGREEMENT.WITH PACIFIC NORTHWEST BELL Item C on Consent Agenda Councilmember Kasper asked what basis was used in determining the length of the proposed fence and whether the lease was a way for the railroad to avoid liability for the property. Parks and Recre- ation Director Steve Simpson explained that the length of the fence was predicated upon obtaining use of the area south of the oil pier. That use.is now being negotiated with Union Oil. He said . the fence would not be installed prior to completion of the negotiations and, if the City should not obtain use of the southern area, the fence would not extend that far. City Attorney Scott Snyder noted that the City already has the liability and is aware of it, since the right-of-way is being used to access the southern part of the Union Oil Beach. Elimination of the hazard by installation of the fence seemed to be the quickest, cheapest, and best response to the liability problem. Councilmember Kasper asked if a fence were planned for the area north of Main St. along Sunset Ave. where several trails cross the railroad tracks. Mr. Simpson said the area was a little different since there was not the ease of access on Sunset Ave. that exists along the tracks at Union Oil. In response to a question from Councilmember Kasper, Mr. Simpson said the $350 cost was based on the standard railroad figure per lineal foot for an easement. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER.JAECH, TO APPROVE THE LEASE AND INDEMNITY AGREEMENT AND AUTHORIZE $350.00 FOR LEASE PAYMENT. -MOTION CARRIED. AUTHORIZATION TO IMPLEMENT WATER CONSERVATION PROGRAM FItem (D) on Consent Agenda Since the period for water conservation is nearly past, Councilmember Kasper suggested this item be moved into the 1985 Budget, setting it for February or March. Councilmember Hall agreed that spring would be a more appropriate time for introduction of this to citizens. Acting Public Works Superintendent Bobby Mills noted that water conservation is a year round program and several of the measures included in this plan are for conservation within the house. Funds are available in the Water/Sewer Fund 411 even though.this was not budgeted as a 1984 item. He said the need is just as great now as it would be next year. Mr. Mills recommended.that the program be implemented even though the summer season is nearly past, because there is a current water shortage in nearby nearby areas. Mayor Naughten noted that conservation also benefits the City. Mr. Mills added that the August 14, 1984 - continued 4-4 9,. program benefits the elderly citizens in apartments and condominiums even though they do not have yards or gardens to water. Since he felt this should be a budgeted item and might be better timed in the spring, COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO DELAY IMPLEMENTATION OF THE WATER CONSERVATION PROGRAM TO MARCH, 1985. Councilmember Jaech said the items dealing with conservation of water for toilets and showers probably constitute the major portion of any savings and would be useful year round. Mr. Mills noted that leakage in a toilet.or faucet will add up to a greater water loss throughout the year than the water that will be used on a lawn. Councilmember Hall suggested the program would be more valuable if there could be education of the public prior to mailing.out any conservation kits. For that reason and to be able to budget for the program, she supported waiting until spring. Mr. Mills said implementation at this time would not prevent mailing of the lawn care brochures in the spring water bills. He noted that -the program was on a "wish" list submitted during budget preparation, but had not been included.by the Council. Councilmember Wilson supported the program since it is a year round concern and funding.is available. He said notice should be given to users. COUNCIL - MEMBER KASPER WITHDREW THE MOTION, SECONDER AGREED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE. IMPLEMENTATION OF THE WATER CONSERVATION PROGRAM AFTER APPROPRIATE NOTICE TO CONSUMERS. MOTION CARRIED. MEETING WITH EDMONDS CHAMBER OF COMMERCE Beth Witter, who worked with the Chairman of the Taste of Edmonds in organizing that event, reported an increase in attendance of 1 1/2 times over last year. Approximately 65,000 people enjoyed tasting food from 19 restaurants, 11 of which were local, in addition to a good turnout in the beer and wine garden manned by 110 volunteers from the community. She said the Chamber Marketing Com- mittee was able to -generate income this year which would be used for special marketing events and the Taste of Edmonds demonstrated what can be achieved through teamwork. She expressed gratitude for the support of the City, commending Steve Simpson and Felix deMello as well as the Police and • Fire Departments for the.ir contributions. Ms. Witter said several.restaurants contacted had asked for earlier notice but expressed interest and may participate next year. She said there were some comments regarding the scheduling of the Taste so soon after the Bite of Seattle, but the weather did not permit very much leeway. She said the Small Business Administration will provide a service through the University of Washington next year to.determine crowd demographics. In regard to a request from the Council for minutes of the D-DAT task.force, Chamber President Dave Earling said the Task Force members considered them working minutes to provide continuity, since they only meet every two weeks. He said he would recommend the minutes be made available to the Council when the Task Force meets again at 7:00.a.m. on July 24. He said various people have been invited to the committee meetings to provide specific information, but the meetings have been con- sidered work meetings -and -have not been attended by anyone else. • F-J I - Mr. Earling explained that the Chamber will be applying for a Local. Development Matching Fund grant for partial funding of the Main Street Program Director. He said the request would be presented to the Council at their next meeting prior to submission on August 24. Planning Director Mary Lou Block explained that this is a new program. The delay in preparing the request resulted from a misunderstanding that only one grant.would be available per county. Jim Morrow, Chairman of the Main Street Program Committee, reported that the Chamber will be pre- paring a Main Street Program application for submission to the State. He noted that Edmonds has an excellent chance of being selected as one of the first five cities in the State to participate in the Main Street Program,.which is planned to be in operation by January 1, 1985. He described the steps that must be taken by the Chamber. He noted that the Chamber .plans that the business com- munity will provide 50% of the necessary funding with the:City and the Port each contributing 25% He read a question from.the application that must be completed by the Council: "What does the City government think is the economic condition of the downtown and reasons for any health or distress." Mr. Morrow asked if the Council could have their responses ready by the following week. He invited the Council to join with the Chamber on Wednesday, August 23, at the Chamber of Commerce luncheon when the Main Street Program will be launched. He emphasized the fact that the people involved in this program are aware of the small town atmosphere of the City and have no intention of compromising that characteristic. Mr. Morrow said the Chamber.would be presenting specific details of the financial needs of the Program to the City within the next two weeks. Councilmember Ostrom read a statement which presented concerns of his and many merchants regarding escalation of rental rates in the Edmonds business district. He sees the trend as a severe threat to the business community unless something is done to resolve the situation and challenged the Chamber to assume a leadership role in this area to determine a solution to the problem. Mayor Naughten tentatively scheduled the next meeting with the Chamber of Commerce for November 13. DISCUSSION OF PROPOSED ORDINANCE REGARDING CRIME VICTIMS' RIGHT OF ALLOCUTION Councilmember Dwyer described the intention of the ordinance to provide crime victims the right to speak at sentencing and at probation revocation proceedings. He said the City Attorney had sug- gested the idea be implemented as a trial procedure to determine the cost to the City. Mr. Snyder said present court rules appear to require that evidence of the crime victim be presented by the prosecutor. There is a different docket for sentencing than there is for arraignments and hearings which the City Prosecutor attends under the current contract. There.could be 15 hours a month of additional attorney time at a cost of $750 a month. Mr. Snyder said they would attempt to work with the South District Court to provide notification to the victims for three months to determine how many people avail themselves of the opportunity. In addition, they would attempt to work out a procedure where the Court would call for the victim and leave the attorney out of the procedure. If that works, he would recommend formalizing the procedure in an ordinance form. If the procedure 40U August 14, 1984 - continued • does not work without an attorney's presence or the Court requires the presence of an attorney, the actual number of people involved, the number of hours required, and the cost to the City will be reported to the Council for their consideration. Councilmember Hall said it appeared that it would be a better bargain for the taxpayer, but would not be that much easier for the victim. She said the paperwork would be voluminous because of the follow-up. Mr. Snyder said they are trying to avoid a situation in which victims are placed in an intimidating situation in which they cannot say what they want and a situation that involves too much attorney time and cost for only one or two people a month. City Prosecutor Sue Freeborn indicated her belief that most people would not care as long as there is restitution for damages; andsaid the effectiveness of the proposal will depend on the type of people who appear. Mr. Snyder said the procedure would be set up under the retainer fee. The cost of the notifications would be billed to.the City and they would attempt to avoid having an attorney present. He said he was not aware of any other cities which are attempting to provide this service. Councilmember Dwyer said there have been problems with doing this in California because all of their courts are.high volume courts..and the constitutional amendment resulted from people's anger over the situation there. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER DWYER, TO INSTRUCT THE CITY ATTORNEY TO PROVIDE A TRIAL RIGHT OF ALLOCUTION IN THE DISTRICT COURT FOR A PERIOD OF THREE MONTHS. MOTION CARRIED WITH COUNCILMEMBER KASPER ABSTAINING. DISCUSSION OF SOUTH DISTRICT COURT.POLICY REGARDING BENCH WARRANTS ON NONJAILABLE OFFENSES Ms. Freeborn described the problem that has resulted because of the South District Court refusal to issue bench warrants for nonjailable offenses. She noted that approximately 20 people a week are failing to appear and the City has no authority to do anything to them. She said the nonjailable offenses are mainly traffic offenses but included are theft and all of the drug and minor in pos- session offenses. Councilmember Ostrom expressed surprise that possession of drugs was a nonjail- able offense and asked if other towns have the same nonjailable offenses. Ms. Freebornreplied that other towns have nonjailable offenses for traffic related offenses -usually. She said non -traffic offenses would usually not be given jail sentences until the third offense but, if they were jail - able offenses, bench warrants could be issued to insure appearance in court. Mr. Snyder estimated that $3500-4000 a month is being saved by having these nonjailable offenses. However revenue loss resulting from non -appearances amounts to $2000-3000. He noted that those who are not appearing are usually the most blatant repeat offenders. Police Chief Prinz described the morale problem created among police officers when irresponsible people are not held accountable for their actions. He said something must be done to correct the situation, adding that warrants issued in' the past are being recalled. Councilmember Ostrom said the basic consideration should be respect for the law and the present system seems to encourage people to disrepect the law. He suggested the simplest solution would be to issue warrants for "failure to appear." Chief Prinz described the extra paperwork and costs involved with issuing a warrant for "failure to appear," when the offender should have appeared in the first place. He suggested that the City either sue the South District Court on a Writ of Mandamus or replace the jail sentence on the non -traffic -offenses. The Chief said traffic viola- tions would eventually come before the Court when the driver attempts to renew a license and could be handled that way. Councilmember Jaech expressed concern .that the cost to the City, if all offenses are made jailable, would be greatly increased by the possibility of indigent defendants qualifying for a defense attorney paid at city expense. She said she preferred the warrant for "failure to appear" even though paperwork would be increased, since there would not be as much cost to the City as there would be in providing attorneys for indigents. Chief Prinz estimated that 80% of the people answer- ing to charges would not be looking for any attorney and those failing to appear, who would then be arrested on a failure to appear.charge, would again be furnished an attorney if they qualified as an indigent. Mr. Snyder recommended imposition of a jail sentence on those items that are non -traffic related or go to a bench warrant system. He said filing suit against the Court would require a great deal of time. Councilmember Hall suggested that the Council hear from a judge before making a decision. Chief Prinz noted that every week of delay affects more people and he said replacing the jail sentence on some of the offenses will only affect those who are charged from that date forward. Mr. Snyder said it would be 12 days before anyone could be cited even if a decision is made to replace the jail sentence this evening. In response to a question from Councilmember Jaech, Ms. Freeborn said 35 people a month do not appear in court. Mr. Snyder said only the cities of Edmonds and Mountlake Terrace are affected by the Court's action since the other cities do not have nonjailable offenses. In addition, he said Mountlake Terrace's list of nonjailable offenses are duplicated by State charges and are most likely cited under the State charge. In the event the Council does take action, Councilmember Jaech asked the City Attorney to furnish a report in six months determining if there are any increased costs. As a result of his concern for the fundamental respect of the law, COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER WILSON, TO INSTRUCT THE ATTORNEY TO PREPARE THE NECESSARY ORDINANCE MAKING NONTRAFFIC MISDEMEANORS JAILABLE OFFENSES. MOTION CARRIED WITH COUNCILMEMBERS DWYER AND KASPER VOTING NO. REQUEST FOR FUNDING OF REPLACEMENT.SIGN.AT DAYTON ST. PARK Mr. Simpson described the new sign which has been approved by the ADB and the Planning Board. COUNCILMEMBER NORDQUIST MOVED,.SECONDED BY COUNCILMEMBER JAECH, TO AUTHORIZE EXPENDITURE OF $640 FROM COUNCIL CONTINGENCY FUNDS FOR THE SIGN FOR OLYMPIC BEACH. MOTION -CARRIED. Mayor Naughten announced that there will be a parade on September 1 at 10:00 a.m, to honor the five Olympic participants from Edmonds. The sign will be dedicated at that time also. 1 1 1 • 1 11 • August 14, 1984 - continued PERSONNEL COMMITTEE MEETING (A) Addition of NE-9 position in Street Division of Public Works, allowing for promotional opportunity: Personnel Director Pat LeMay described the position and the reasons for requesting the position. He said.the NE-6 position would not be filled and there would be no increase in staff by this action. Acting Public Works Superintendent`Bobby Mills responded to questions from the Council by stating that the NE-6 position could not be filled without Council action. He said there would be requests for additional staff once the new Community Services Director is hired. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, THAT AN NE-9 POSITION BE ADDED.IN THE STREET DIVISION AND THE NE-6 POSITION NOT BE FILLED. MOTION CARRIED WITH COUNCILMEMBER OSTROM VOTING NO AND COUNCILMEMBER KASPER NOT PRESENT DURING THE VOTE. (B) Reclassification of Nurseryman Position from NE-7.to NE-8 in Building and Grounds Division of Public Works.: Mr. LeMay outlined the reasons for the reclassification request. In response to questions from the Council, he noted that the higher classification and salary would be needed to recruit a qualified replacement if the incumbent were to vacate the position. He ex- plained that reclassification of the position would result in the incumbent receiving a salary at the NE-8 level. Councilmember Hall observed that a knowledge of horticulture is essential in the position. She said the City is famous for the plantings and the position under discussion is responsible for the planning_and technical aspects of those plantings. Mr. LeMay said the position was before the Council.in July, 1983 when it was reclassified from an NE-6 to an NE-7. He said this reclassification request results from a perception that the level of responsibility was never properly acknowledged on the first reclassification. Mr. LeMay noted that he had supported an NE-8 classification at that time, but the former Mayor had.preferred the NE-7 classification and that was.the one presented to the Council. Mayor Naughten explained that the position had been analyzed by Mr. Mills, Mr. LeMay and himself and, in their opinion qualified for an NE-8 classification. Councilmember Hall said the position also carries with it the responsibility to deal with other -cities, since Edmonds is a trend setter, and that responsibility is not included in the job description. Mr. Mills reiterated that the Nursery position should be qualified at the NE-8 level. The man now in the position is qualified for that classification and would become an NE-8 at the same time the position is reclassified. He noted that Edmonds is a leader in South County and probably in the State in beautification of the City. He said they are attempting to establish a program of which everyone can be proud and to expand the program to all entrances of the City. He said expertise is essential if the program is to be successful. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO RECLASSIFY THE NURSERYPERSON POSITION FROM AN NE-7 TO.AN NE-8 WITH AN EXPENDITURE OF APPROXIMATELY $440 THROUGH 1984. MOTION CARRIED WITH COUNCILMEMBERS KASPER AND.NORDQUIST VOTING NO. DISCUSSION OF RESIDENTIAL PARKING PERMITS Councilmember Jaech explained that discussion of this subject resulted from receipt of a letter regarding residential parking problems. In restricted parking areas, there are residences that have inadequate,par.king. They may obtain permits from the City, but very often the 100 block in which they are permitted to park is filled or may be a major thoroughfare. Chief Prinz had advised that a one block parking radius would not work. She then read a proposal from the City Attorney. Councilmember Nordquist described a residential parking area in Chicago in which signs are used to designate "Parking by Residential Parking Permit Only." There were no time restrictions and the residents in the neighborhood thought it was very successful. Councilmember Jaech noted that Edmonds has several retail businesses or restaurants that are in the middle of residential areas and expressed doubt regarding implementation of such a plan. • Councilmember Ostrom said there are buildings in the downtown area in which there are apartments above a retail business, a concept approved by thecCouncil and likely to increase, that have no parking other than 5th Ave. or Main St. The problem is not limited to just residential areas but pertaining also to the BC zone also. He said it may be necessary to restrict parking on Main and 5th as well as other streets. Councilmember Hall suggested this may be the time to assess all residential parking permits. She felt the proposal from the City Attorney would prove too difficult to administer. City Clerk Jackie Parrett explained that she would have to keep a record of the permits issued for a specific block. She added that another problem existing at the Ebb Tide apartments would not be resolved with the suggestion from the Attorney. The apartment is not addressed on an arterial and therefore permits could not be issued for an alternate street. Councilmember Kasper ascertained that there is one parking space for each apartment at the Ebb Tide. He.said that there had just been a major remodel and no parking is available. The units have cre- ated obsolescence, he said, they might have the right to permits in front of their own building but he questioned moving them to other areas. He added the Townhouse apartments have 3rd St. to park on but they do not wish to do so. Councilmember Hall questioned why postal workers cannot park in the Post Office parking lot. Ms. Block stated that a solution to that problem -is being developed. Councilmember Kasper suggested that buildings that also have frontage on a side street.should be allowed to park there. He noted that people park on 5th Ave. between Main St. and Dayton St.for 24 hours a day in a prime business section and he said there should be a limitation the length of parking. Councilmember Jaech agreed with the suggestion to allow parking on side streets upon which a building has frontage. COUNCIL - MEMBER KASPER MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER HALL, TO ALLOW PARKING TO THE MID- POINT ON SIDE STREETS UPON WHICH A BUILDING HAS FRONTAGE; HOWEVER, NO CONTINUOUS PARKING WOULD BE ALLOWED FOR OVER 12 HOURS. Councilmember Hall said the 12 hour limit does not accomplish what is S 452 August 14, 1984 - continued U needed. Ms. Parrett stated that the 12 hour limit could require rescinding some residential permits that have been issued. Councilmember Jaech suggested that parking be allowed from 5:00 p.m. to 8:00 a.m. Councilmember Ostrom said people will feel.that they•should be able to park where they live and a 12 hour limit will prove impractical. COUNCILMEMBER KASPER WITHDREW THE MOTION, AGREEABLE TO SECOND. COUNCILMEMBER KASPER..MOVED, SECONDED BY COUNCILMEMBER HALL, TO ALLOW PARKING IN THE 100 BLOCK AND ON THE SIDES TO THE.MIDPOINT OF STREETS.UPON:WHICH A.BUILDING HAS FRONTAGE. MOTION CARRIED.. MAYOR The Mayor asked Council President Jaech to discuss the proposed,study by the Economic Development Council of Snohomish County and the Navy. She said the study would.be to determine the impact of a possible move of the Navy into Everett. She noted that Edmonds'.share for funding the study would be $500.00. COUNCIL PRESIDENT JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THE COUNCIL APPROVE PARTICIPATION IN THE STUDY AND EXPENDITURE OF $500.. Councilmember Hall asked if the dis- solution of the Economic Development Council at the end of the year would affect this study. Councilmember Kasper replied the study would-be completed prior to that time. MOTION CARRIED. Mayor Naughten asked for.confirmat.ion of Heather McCartney's appointment to the Architectural Design Board. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL,.TO.CONFIRM THE APPOINTMENT OF HEATHER MCCARTNEY TO POSITION FIVE ON THE ARCHITECTURAL DESIGN BOARD, TERM TO EXPIRE NOVEMBER 5, 1986. MOTION CARRIED. The Mayor asked the Council to.confirm his appointment of Janet Phillips to the Planning,Board. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER,.TO.CONFIRM:THE APPOINTMENT OF JANET PHILLIPS TO POSITION THREE ON THE.PLANNING BOARD, TERM TO EXPIRE DECEMBER 31, 1987. MOTION CARRIED. Mayor Naughten asked City Engineer Jim Adams.to discuss.a letter from the State Department of Ecology. Mr.. Adams said the letter contained.denial of the City',s request for a waiver of secondary treatment. At,a meeting..on August 10, he spoke with State representatives and learned that the decision could be appealed. There is a time limitation for appeal, August 20, and he recommended that the City appeal by that date to keep the option open. Councilmember Jaech suggested that the City determinetheir strategy while they,are awaiting the appeal: COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO INSTRUCT THE CITY ATTORNEY TO FILE THE NECESSARY APPEAL. MOTION CARRIED. Mr. Adams said a report of the August 10 meeting would be furnished the Mayor as soon as possible. A follow-up meeting is scheduled for September 20 in Lynnwood at 9:30 a.m. to determine what the affected cities will do. He said he plans to meet on September 6 with all agencies that discharge through the Edmonds plant, since any decision made by Edmonds will affect them. The Mayor asked Finance Director Art Housler to describe necessary amendments to Ordinances 2449 and 2450. Mr. Housler said the dates contained in the ordinances were in error and must be corrected to January, April,•July, and October as dates for adjustment of the prime rate by Rainier Bank. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO MOVE THE COUNCIL PORTION OF THE AGENDA TO ITEM 10 AND CONSIDER THESE AMENDMENTS AS ITEM 9 ON THE AGENDA. MOTION CARRIED. ADOPTION OF ORDINANCES 2452 AND 2453 AMENDING DATES OF PRIME RATE ADJUSTMENT COUNCILMEMBER JAECH•MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ADOPT ORDINANCES 2452 AND 2453 WHICH AMEND ORDINANCES 2449 AND 2450. . MOTION CARRIED. Mayor Naughten said the regular,Council meeting of September 18 is election night. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER JAECH, TO CHANGE THE DATE.OF-THE.000NCIL MEETING TO SEPTEMBER 19. MOTION CARRIED. The Mayor asked Council approval for expenditure of funds for office furniture for.the Community Services Director. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE EXPENDITURE OF $2600 FOR PURCHASE OF NECESSARY OFFICE FURNITURE. MOTION CARRIED. Mayor Naughten described the progress of the selection process for the Community Services Director. The final 6 applicants will go before an assessment center which will cost approximately $3000. He asked for the Council's approval or thoughts on this expenditure. * Councilmember Hall.said the Mayor.should choose the person to fill the position. Mayor Naughten explained the value of the assessment center in providing an objective review of the final candi- dates. Councilmember Wilson fe.lt.the assessment center was not necessary. Councilmember Kasper asked why the Mayor wished to use an assessment center. Mayor Naughten said the candidates would be evaluated over two days in intensive reviews and would provide valuable information in assessing each candidate. Councilmember Dwyer said it would..not be possible for the Mayor to duplicate the findings of an assessment center and said he had no objection if the process would guarantee the best candidate for the position. Councilmember Nordquist asked if the Council would be included in the selection process. The Mayor said, traditionally, the selection is made by the Mayor and the Council interviews the candidate. In response to a question from Councilmember Nordquist, Mayor Naughten asked if the. Council wished to change the traditional process. Councilmember Ostrom said the most important consideration is to select the best person for the position and if the Mayor feels the. assessment center would aid him in the selection, he had no problem with expenditure of the $3000. Councilmember Wilson told the Mayor he would be comfortable with the decision made by the Mayor and will vote for the person he selects. * See August 21, 1984 Minutes 1 F_� is 1 0 1 0 453 August 14, 1984 - continued COUNCIL In response to a question last week concerning heavy metal concentrations in Browns Bay, Council - member Nordquist said he had spoken with the Snohomish County Health Department. A letter from Bruce Agnew, dated March 29,.1984, described three areas of study being undertaken in that area. In addition, a study is being conducted by the City of Lynnwood. He added that results from those studies should be available.this fall. Mayor Naughten said the information had been relayed to Mr. Rosier. Council President Jaech said she is working with the Council Resource Person to select a location and subject for the Council Retreat in the spring. She asked the Council and staff to submit topics for the Retreat during the next two weeks. Council President Jaech discussed the hearing last week of an appeal of an ADB decision by the PUD that was continued to September 19. She said she had remained during the hearing in an effort to serve the people who had elected her. She had not felt the discussion was localized enough to prevent her hearing the subject. She noted the item was extremely confusing. She decided that her presence during the hearing added more confusion and has decided to step down from hearing anything furtheron this item. She wants the issue to receive a fair hearing and does not want her presence to become the main item discussed. The City Attorney told her he agreed that this would be the best thing to do. He also suggested that the hearing be posted as a new hearing to alleviate any possi- ble problems that might be perceived from the hearing.last week. Councilmember Hall asked if the issue of Council President Jaech's presence could.not be separated out from the issue without re- quiring a new.hearing. Mr. Snyder said the Appearance of.Fairness Doctrine holds that the hearing process is tainted once a person has participated at any level if there is an appearance of fairness problem. Therefore, he recommended a Council motion to.terminate that hearing and set a new hearing date with necessary adv.ertisment.by the City Clerk Councilmember Kasper questioned whether the entire matter should not be sent to the ADB for reconsideration because of the confusion surrounding the entire issue. Mr. Snyder said that would be a logical approach, but there is a construction timetable to be considered. He added that the Council has no obligation to send the matter back to the ADB. In addition, there will be the opportunity of hearing both issues on the same night. Councilmember Hall agreed with Council President Jaech's action in not participating any further. She said that the item should.be returned to the ADB. However, she realizes there may be a problem with the time frame and believes the Attorney's approach may be the better solution. In consider- ation of the urgency of the matter and the Attorney's recommendation, COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO SET A NEW HEARING FOR THE APPEAL OF THE ADB DECISION BY THE PUD. MOTION CARRIED WITH COUNCIL PRESIDENT JAECH ABSTAINING FROM THE DISCUSSION AND THE VOTE. The meeting was recessed to Executive session at 10:00 p.m. and adjourned at 10:50 p.m. �J J QU INE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor