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
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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.
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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
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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.
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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
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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
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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