19770419 City Council MinutesApril 19, 1977
•
The regular meeting of the Edmonds City Council was called to order at 7:40 p.m. by Mayor Harve
Harrison in the Council Chambers of the Emonds Civic Center. All present joined in the flag salute.
PRESENT STAFF PRESENT
Harve Harrison,. Mayor J. Herb Gilbo, M.A.A.
Ray Gould Leif Larson, Public Works Director
Phil Clement Joe Wallis, Community Development
Max Gellert .Rod Garretson, Park Planning & Recreation Dir.
John Nordquist Lila Crosby, Finance Director
Robert Anderson Irene Varney Moran, City Clerk
Tom Carns John Wallace, City Attorney
Mike Herb Wayne Tanaka, City Attorney
Jackie Parrett, Deputy City Clerk
CONSENT AGENDA (7:41 p.m.)
MOTION: A MOTION WAS MADE -BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON, TO APPROVE THE CONSENT AGENDA.
MOTION CARRIED. The Consent Agenda contained the following:
(A) Roll call.
(B) Approval of Minutes of April 12, 1977.
(C) Set May 17, 1977 for hearing of P.C. Resolution 551, recommending denial
of amendment to Zoning Code to reduce allowable dwelling unit densities
in RM zones. (File ZO-1-77)
(D) Acceptance of right-of-way deed on Beeson Place, a two -lot subdivision,
from Evans Hanna. (File S-7-77)
(E) Acceptance of 5th Avenue underground wiring project to allow individual
connections.
COUNCIL (7:42 p.m.)
With regard to the Brookacres property, Councilman Herb inquired whyonly half of the property was
being considered for purchase, and he was told that the residence is too expensive and the State is
not interested in helping to acquire residential property. Councilman Clement suggested, in regard
to the letters being sent to individuals on 5th Avenue notifying them of the required underground
wiring hook-up within 90 days, that the letters could be.less impersonal. Councilman Clement also
advised the Deputy City Clerk that he would be absent from the April 26 meeting.
Councilman Gould expressed a concern in regard to the proposed replacement for Social Security for
City employees. He asked if the agreements to be signed between the City and the employees regarding
the future negotiability of the terms of the agreements could really be written in such a manner as
to be forever binding. City Attorney John Wallace responded that having it in writing is better
than.not having -it in writing. He said he would not want to be on record as saying it is defensive
ad'infinitum, but that the Council should press for and require the agreements. He added that the
representatives of the groups will not be able to..sign such agreements -without having had a delegation
of authority to do so. Councilman Carns commented that the president of the firemen's union had
called him regarding the requirement that the union indicate it will not bring MEBT participation up
for negotiation, and he was asking that the Council also state that it will not use MEBT for future
MOTION: negotiations. Councilman Carns felt that appeared to be fair. A MOTION WAS THEN MADE BY COUNCILMAN
CARNS, SECONDED BY COUNCILMAN ANDERSON, THAT THE CITY ATTORNEY BE INSTRUCTED, AS A PART OF THE
ORDINANCE ON MEBT, TO INCLUDE THE PROVISION THAT THE CITY WILL NOT BRING UP FOR FUTURE NEGOTIATION
THE PERCENTAGE OF CONTRIBUTIONS FROM THE CITY EMPLOYEES. MOTION CARRIED.
Councilman Carns asked what the status was on the microphones. M.A.A. Herb Gilbo responded that the
costs of replacement are being studied and that a report should be ready by May 3.
MAYOR (7:46 p.m.)
Mayor Harrison announced the quarterly meeting of the -Association of Snohomish County Cities and
Towns would be held at 6:30 p.m., April 28, at the Bush House in Index, Washington. He asked
that those wishing to attend contact his office.
Mayor Harrison also announced that the builder's position on the Amenities Design Board was vacant
and he was recommending for appointment, Ken Mattson.. He reviewed Mr. Mattson's qualifications.
MOTION: A MOTION WAS MADE BY ,COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CLEMENT, TO CONFIRM THE APPOINTMENT
OF KEN MATTSON TO POSITION 2 ON THE AMENITIES DESIGN BOARD, TERM TO EXPIRE NOVEMBER 5, 1980.
MOTION CARRIED.
Mayor Harrison had received a request for final plat approval of Birch Addition, Division 2.
The Director of Public Works and the Director of Community Development had both recommended
approval, and the developer had indicated to them an urgency to have the plat approved so he could
MOTION: proceed with residential developments. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY
COUNCILMAN CARNS, THAT THE FINAL PLAT OF BIRCH ADDITION, DIVISION 2, BE APPROVED. MOTION CARRIED.
•
1
1
I
67
•
PROPOSED ORDINANCE TO INCREASE UTILITY TAX FOR PURCHASE OF JUNIOR HIGH SCHOOL (7:50 p.m.)
The proposed ordinance had been distributed to the Councilmen. M.A.A. Herb Gilbo.said the Staff
had not prepared a recommendation. Mayor Harrison noted he had received a letter in opposition to
this action which contained'100 signatures, in addition to numerous other letters also in opposition.
After some very brief questions of -the City Attorney by some of the Council, Mayor Harrison opened
the public hearing. Joe Wermus of 752 Dayton spoke very strongly in favor of passing the ordinance
and purchasing the Junior High School. He cited lack of recreational facilities in Edmonds and the
space needs of the City. He also quoted portions of the Policy Plan which indicated that locations
should be identified for utilization. He expressed the view that the Elementary School would not
meet the space needs of the City. Herb White, Vice Chairman of the Parks and Recreation Advisory
Board, said the Board unanimously supported retention of the Junior High School, feeling it would be
a serious mistake to let it go. Don Schroeder, President of the Edmonds Arts Festival, commented
on the various properties which were being considered for acquisition by the City. He felt that under
no condition should the Junior.High playfield ever be let go. He cited the various groups which use
the Junior High School and the number of people who benefit per dollar and felt it should be second
only to the playfield in -acquisition priority. He'felt the Elementary School should be zoned and
sold and be put on the tax rolls. He noted that the City is anticipating spending $300,000 for the
Brookacres/Haines properties and that only 50 people at a time could use them, and he compared that
to acquisition of the Junior High where so many citizens would benefit. He said he had looked at
the Seattle facility of the Puget Sound College of the Bible and had talked to people in the community,
and he did feel the college was a worthwhile organization. He questioned where the college would build
dormitories. He felt strongly that the Junior High belonged to the people of the City and should be
acquired for them. Also speaking in favor of acquisition of the Junior High School were Marlene
Bennett of 8126 186th S.W. who felt the City,needed a cultural center; Norma Bruns of 816 Walnut who
cited the.Comprehensive Plan of 1963 which assumed the City would always have the public facilities of
the Junior High and the Elementary School; Herb Burke, President of.Sound Expression Theater (SET), who
commented that many of the patrons of the SET productions come to patronize the Edmonds restaurants
before the shows; Natalie Shippen of 1022 Euclid who asked that the recommendations of the Space Needs
Committee be considered; Dick Floyd of 17026 67th W. who was associated with several musical/cultural
former Councilman Orland Christensen of 701 12th Avenue North; Al Hendricks, attorney for the
groups;
Concerned Citizens for their Community; and Park Planning and Recreation Director Rod Garretson who
said he was a proponent of buying the Junior High School because of the auditorium and gyms. Mr. `
Garretson commented, however, that if the Junior High were acquired there should be hired a professional
person to do a space use study of it, and if it were renovated there should be hired a full-time
building manager, programmer, promoter, and supervisor.. He.said in his communications with the college
people they had indicated.a strong willingness to cooperate with the community and he had great con-
fidence in what they had said. He commented that they saw no great.demand by their students on the
use of the auditorium and gyms. He felt confident the facilities would remain usable to the community
as they are being used today, if the college were to own the Junior High School. He said he hoped
the Council would consider provision of space in either the Junior High School or the Elementary School,
but he preferred the Junior High School.
Speaking in opposition to purchase of the Junior High School was Jack Vandeman of 616 Sater Lane who
had submitted the list of 100 signatures in opposition, and he read the letter over those signatures.
He felt if the City spent its money on the Junior High it could lose the Elementary School, and he
noted that the Elementary School was one property that could reasonably satisfy the needs of the City.
Don McQuade of 7215 176th also spoke in opposition. He compared the acquisition to that of a building
he had been associated with which had top management but could not succeed. Lloyd Quatier of 614 14th
P1. S.W. said he served on.a board of youth groups. He commented that during the past year when the
Junior High was leased, no one came forward saying it should be purchased. He recommended vetoing
the tax increase and subsequently the purchase of the Junior High. Garrit Visser of 603 N. 3rd,
suggested, instead of purchasing the Junior High and renovating it, taking the money and buying five
acres and building a new cultural center. He said it was important to spend money wisely and the
Junior High did not have adequate space.
Dr. John Parish, President of the Puget Sound College of the Bible, spoke to the college's position.
He pointed out the work that would have to be done to the school building and said the money spent
.
would benefit Edmonds, the beauty of the City, and the usability of the City by everyone. He said the
college administration had been authorized to cooperate with the City on the use of the building and
that the college was even willing to enter into a written agreement with.the City. He said that the
college program would naturally have first priority. He said there had been no dissenting votes of
the Board of Trustees on this question. He was questioned as to what type of productions the college
might find objectionable to be presented there, and he responded that generally anything with
excessive swearing, pornographic material, etc., would not be permitted.
MOTION:
The public hearing was closed and A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN
CLEMENT, THAT ORDINANCE 1914 BE PASSED, INCREASING THE UTILITY TAX TO SEVEN PERCENT. Councilman
Anderson expanded on the reasons for his motion, saying that sometime in the next five to ten years
the City will be facing additional space needs which would have to be provided one way or another, and
if one or both of these buildings are not acquired the City will be faced with acquiring property and
new structures. Councilman Anderson said the citizens who had contacted him had been users of the
Junior High on the one hand, and those who objected to a $2.00 per person, per. -year, tax increase on
the other hand. He said he had also spoken to three School Board members and they appeared open to
some kind of long-term lease on.the Elementary School. He said he appreciated the offers from the
college for continued use .of part of the facilities,.but there were future limitations. He noted
that the college could sell the property.in the future, and that the public's use of the facility would,
of course, be secondary to the college's scheduling.. He.also commented on the fact that there is a
matter of interpretation of the uses and standards of the college. He noted that looking at it from
the standpoint of what is -the best thing that could happen, that would be that the facility is acquired
and later on some block grant funds. -and public works funds would be acquired_for upgrading it. At
worst, he said, everyone would have to pay $2.00 per person, per year, to sustain the debt, and it
might have to be further subsidized as it was in the past year at a cost of $12,000 to $14,000 per year.
Lastly, he noted that this would not be the.only time the utility tax had been raised --that two years
ago there was a 1% increase and there was no protest. He felt the opportunity was here and should be
taken advantage of, and that it could be done on solid grounds.
68
Couhci'lman Clement added that a cultural center in the center of town would lend a flavor to
•
Edmonds and bring people here. He noted that there was a strong recommendation from the Park
Board to carry this. on, and that from the Space Needs Committee there was a strong statement that
the Elementary School is a generalized facility --not having the special facilities the Junior High
has. He also added that the code work would not have to be improved unless the Junior High were
renovated. Councilman Gould then said he was on the opposite side --that his first priority was to
have the City reach out and get open space, which would be the Junior High athletic complex and the
Edmonds Elementary complex. He felt confident the use of the auditorium and gym facilities would
still be available under ownership of the Bible College. He felt the City needed to think big in
the terms of cultural facilities, and he felt it should be in the Community College area. Councilman
Herb said the problem was one of costs and prioritizing. He noted that week after week cities are be-
coming financially insolvent, and he felt the acquisition of Brookacres and the Junior High playfield
were of higher priority than the Junior High School. Councilman Gellert responded that Edmonds has
a very low bonded indebtedness, compared to all other cities, and that the purpose of bonded indebted-
ness is to benefit future generations. He said he definitely favored reacquiring what had been, at
least culturally, a part of the City of Edmonds. Councilman Carns said he would vote against the
ordinance to increase the tax to purchase the Junior High School because in addition to the purchase
of the school there would bean additional $2,500,000 to make it a good recreational center. He said
he had spoken to Congressman Lloyd Meeds regarding availability of block grant funds and Congressman
Meeds had felt the program would only last one more year. He added that the maintenance and
operating costs would be another $50,000 to $100,000 and he didn't feel the City had the money to
pay those costs. Councilman Carns felt that by allowing the college to buy the school the City would
be "having its cake and eating it,too" as the college will spend the money to improve it and still let
the cultural groups in the City use it. Councilman Nordquist mentioned some of the things the City
had accomplished'in the past and noted there had been many successes. But he said the Junior High
venture had been attempted for 18 months with no success. He said he was not against a cultural and
MOTION: recreational development, but he felt the Junior High School was not a good investment. A ROLL CALL
VOTE ON THE MOTION WAS THEN TAKEN, WITH COUNCILMEN CLEMENT, GELLERT, AND ANDERSON VOTING YES, AND
COUNCILMAN GOULD, NORDQUIST, CARNS AND HERB VOTING NO. MOTION FAILED. A short recess was then announced.
HEARING ON TRAFFIC CHANNELIZATION AND PARKING - 212TH FROM FIVE CORNERS TO HIGHWAY 99 (10:21 p.m.)
Public Works.Director Leif Larson said notices had been sent to all the abutting property owners on
212th from Five Corners to Highway 99, and he had received some replies in favor of the removal of
parking and some against (three). He displayed a drawing of the two proposals and recommended that
upon completion of the resurfacing of 212th,next summer, 212th be rechannelized from 76th to Five
Corners to one moving lane in each direction and a turning lane, and removal of all street parking in
order to accomplish the rechannelization. He said the portion of 212th from Highway'99 to 76th would
remain as it is. Police Chief Marlo Foster concurred with Mr. Larson's recommendation. The public
portion of the hearing was opened. Laura Hall of 1140 Edmonds St. spoke to a suggested four-way stop
at 80th/212th which had been mentioned during Mr. Larson's presentation. She said the four-way stop
at 9th and Main is a hazard, and this one would be worse. The public portion of the hearing was then
closed.
MOTION: A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CARNS, THAT THE CITY ATTORNEY BE
INSTRUCTED TO DRAFT THE NECESSARY ORDINANCE FOR IMPLEMENTATION OF THE ALTERNATE "B" CHANNELIZATION
PLAN FOR 212TH, AS RECOMMENDED BY THE DIRECTOR OF PUBLIC WORKS, TO BE EFFECTIVE AT SUCH TIME'AS THE
ROAD RESURFACING AND MARKING HAS BEEN COMPLETED. MOTION CARRIED.
PROPOSED AMENDED "IN LIEU OF"PARKING ORDINANCE (10:35 p.m.)
Mayor Harrison asked to be excused from this discussion because he owns property in the downtown
business district. Mayor Pro tem Phil Clement chaired the discussion. Councilman Gould inquired as
to the relationship of this proposed ordinance to that of Kirkland, which the newspapers this evening
indicated was being challenged with a lawsuit. City Attorney Wayne Tanaka said he did not know what
the basis of the lawsuit was, but he also had seen the newspaper article. He said this proposed
ordinance was based on the Kirkland ordinance, but in this ordinance the making of the "in -lieu of"
payments was not required, this ordinance applies only to new construction, and there is a is
grandfather clause in this ordinance. The public portion of the hearing was then opened.
Barbara Descoteaux of the Heritage House said she did not feel passage of this ordinance would be
acting in the best interests of Edmonds. The public portion of the hearing was then closed.
Councilman Gellert stated that the reason he supported this ordinance is because it does not cause
a hardship on anybody and gives people a choice. He compared the present ordinance to the proposed
one and noted that the new offers an additional choice. He said there is no hardship on anyone.,
MOTION: in this ordinance and it was carefully tailored that way. Councilman Carns agreed, and A MOTION WAS
MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, TO ADOPT ORDINANCE 1914, AMENDED "IN LIEU OF"
PARKING ORDINANCE. MOTION CARRIED, WITH COUNCILMAN HERB VOTING NO. Councilman Herb explained that
he felt this new ordinance was greatly improved over what originally had been proposed, but in the
interests of consistency with his previous voting he felt he could not change his vote. Mayor
Harrison returned to the rostrum.
REPORT ON DEEDING OF STREET RIGHT-OF-WAY - EMERALD HILLS (10:40 p.m.)
Public Works Director Leif Larson displayed drawings showing the areas recommended to be accepted.
He noted that the planter islands which had been put in by the developer and had been maintained by
the Homeowners Association would.remain with them. Darrol Haug, President of the Emerald Hills
Homeowners Association, indicated two short strips which would remain private and requested street -
sweeping services for them, for which the Association would pay. He said the Association would pay
yearly in advance if given an estimate. He also requested help from the Engineering Department in
properly signing the private areas. Mr. Larson recommended that the Council authorize the City
Attorney to draft an appropriate agreement for the deeding of the rights -of -way indicated, and that
the Mayor be authorized to execute such agreement.
•
MOTION: A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN GOULD, THAT THE CITY ATTORNEY BE
INSTRUCTED TO DRAFT THE APPROPRIATE DOCUMENT EMBODYING THE ARRANGEMENTS FOR -THE -DEEDING OF THE
STREET RIGHTS -OF -WAY IN*EMERALD HILLS, AND TO AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT, SUBJECT
TO RATIFICATION OF THE EMERALD HILLS HOMEOWNERS ASSOCIATION, WHICH AGREEMENT WOULD INCLUDE THE ITEMS
MENTIONED IN THE APRIL 14, 1977, MEMORANDUM FROM THE DIRECTOR OF PUBLIC WORKS. MOTION CARRIED..
1
1
•
MOTION
n
U
MOTION:
1
1
MOTION:
There was no further business to come before the Council, and the meeting adjourned to
Executive Session at 10:50 p.m.
U
IRENE VARNEY MORNA, C ty Clerk
April 26, 1977
IIARRISON,Mayor
The regular meeting of the Edmonds City Council was called -to order. at 7:40 p.m. by Mayor Harve
Harrison in the Council Chambers of the Edmonds Civic Center. All. present joined in the flag salute.
PRFSFNT
Harve Harrison, Mayor
Ray Gould
Max Gellert
John Nordquist
Robert Anderson
Tom Carns
Mike Herb
CONSENT AGENDA (7:41 p.m.)
ABSENT
STAFF PRESENT
Phil Clement J. Herb Gilbo, M.A.A.
Leif Larson, Public Works Director
Joe Wallis, Community Development Director
Irene Varney Moran, City Clerk
Marlo Foster, Police Chief
Jack Cooper, Fire Chief
Rod Garretson, Park Plan & Recreation Dir.
John Wallace, City Attorney
Wayne Tanaka, City Attorney
Jackie Parrett, Deputy City Clerk
Councilman Gellert asked that Item.(D), Authorization to call for bids on technical services for
Sanitary Sewer Survey, 201 Facility Planning Study, be removed from the Consent Agenda.for a question.
A MOTION WAS MADE BY COUNCILMAN.CARNS, SECONDED BY COUNCILMAN ANDERSON, TO APPROVE THE BALANCE OF THE
CONSENT AGENDA. MOTION CARRIED. The balance of the Consent Agenda contained the following:
(A) Roll call.
(B) Approval of Minutes of April 19, 1977.
(C) Authorization to call for bids on May 17, 1977, for purchase of six vehicles.
AUTHORIZATION TO CALL FOR BIDS ON TECHNICAL SERVICES FOR SANITARY SEWER SURVEY, 201 FACILITY PLANNING
STUDY (Item (D) on Consent Agenda)
Councilman Gellert asked if there would be an additional $8,000 cost to the City as it appeared by
the memorandum from the Director of Public Works. Public Works Director Leif Larson responded that
there would, and at the time the budget was prepared they were not aware of the full costs. He
added that funds were available in the Water/Sewer Fund for this. He also said that both the
Environmental Protection Agency and the Department of Ecology had authorized their increased grants.
A MOTION WAS THEN MADE BY COUNCILMAN GELLERT, SECONDED�BY COUNCILMAN NORDQUIST, TO APPROVE ITEM (D)
ON THE CONSENT AGENDA, AUTHORIZING CALL FOR BIDS ON JUNE 2, 1977. MOTION CARRIED.
COUNCIL (7:43 p.m.)
Councilman Gellert inquired about the progress on the Social Security Withdrawal documents. City
Attorney John Wallace responded that his office had prepared the proposed ordinance, contracts, and
agreements to be signed by future employees, but felt they should be coordinated with the Howard
Johnson Company. Brendan O'Farrell of that company had been out of town so the coordination had
not yet been accomplished. Mr. Wallace felt that the drafts of the ordinance and agreements would be
ready for next week's packets, and he noted .that the effective date of withdrawal would be June 30.
Councilman Gellert expressed the concern that they could be forced into an agreement by default
because of the withdrawal date and wanted to avoid that possibility.
Councilman Herb noted that the National Le&gu'e of Cities was having a conference in Seattle in August
which he would like to attend. He said the tuition is $50 and if he did attend it would be his third
conference this year, so if anyone objected to his attending he would not do so.
Councilman Herb said he still did not .fully understand what:had been accomplished with the Prior
Report and suggested it might be worthwhile to be placed on the agenda for discussion. M.A.A. Gilbo
recommended such discussion not be held for at least six weeks in order to take full advantage of the
work presently being done by the consultant. A MOTION WAS THEN MADE BY COUNCILMAN HERB, SECONDED
BY COUNCILMAN GOULD, THAT AN UPDATE ON THE PRIOR PERSONNEL REPORT BE GIVEN TO THE COUNCIL ON JUNE 14.
MOTION CARRIED.
Cl