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508 2ND AVE N.PDF111111111111 4806 508 2ND AVE N n OTREL��'( FILE his children have said the policing should be more forceful. Mayor Harrison referred the question to the Police Chief who responded that his people have been involved in a horrendous year of fighting crime, and there is no tolerance policy --it is just a matter of priorities. He said they try to encourage having a strong enforcement policy, but a misdemeanor has to be seen in the officer's presence. He believed his department had been very responsible in trying to enforce the laws, and he added that no police official anywhere has solved this problem --that it is a social problem, and he did not think it realistic to expect the Edmonds Police Department to solve this social problem. Councilmember Kasper said he would vote against the motion because he thought this was a matter of disorderly conduct. He lives in the area and walks there mornings and evenings. He thought the propoal would just move the problem somewhere else. He thought there should be a force there on a fulltime basis for the next six to eight weeks. Councilmember Goetz said this was an emergency situation so she would vote for the motion. City Attorney Wayne Tanaka noted that by eliminating Section 5 of the proposed ordinance they could vote on it immediately. COUNCILMEMBER MOTION: NAUGHTEN MOVED TO WITHDRAW HIS MOTION AND SUBSTITUTE A NEW MOTION TO CONSIDER THE Failed PROPOSED ORDINANCE AS AN EMERGENCY MEASURE, ADOPTING ORDINANCE 2223, EXCLUDING SECTION 5, UNTIL A BETTER SOLUTION CAN BE FOUND, AND MAINTAINING THE SEPTEMBER 15, 1981 TERMINATION DATE OF THE ORDINANCE. A ROLL CALL VOTE WAS TAKEN ON THE MOTION, WITH COUNCILMEMBERS NAUGHTEN, GOETZ, AND JAECH VOTING YES, AND WITH COUNCILMEMBERS NORDQUIST, ALLEN, AND KASPER VOTING NO, RESULTING IN A TIE VOTE. The Mayor was not permitted to vote to break the tie because the vote was on the passage of an ordinance. MOTION: THE MOTION THEREFORE FAILED. COUNCILMEMBER KASPER THEN MOVED, SECONDED BY COUNCIL - MEMBER ALLEN, THAT THE COUNCIL DIRECT THE MAYOR TO ADVISE THE POLICE DEPARTMENT TO ENFORCE THE DISORDERLY CONDUCT LAW ON THAT STREET, OR ANYWHERE ELSE IN THE CITY, MEANING FuLLTIME POLICEMEN THERE FROM 6:00 P.M. UNTIL AFTER SUNSET. Councilmember Allen noted that the money will have to be found for the addition of the police. THE MOTION CARRIED. A short recess followed. ARTS FESTIVAL PARKING Councilmember Allen said her suggestion was to make Main St. one-way west and Dayton St. one-way east, from 6th to 8th, during the Arts Festival. COUNCILMEMBER ALLEN MOTION: MOVED, SECONDED BY COUNCILMEMBER NAUGHTEN, TO INSTRUCT THE CITY ATTORNEY TO DRAFT A PROPOSED ORDINANCE TO MAKE TRAFFIC ON MAIN ST. ONE-WAY WEST AND ON DAYTON ST. ONE-WAY 7- EAST, FROM 6TH AVE. TO 8TH AVE., DURING THE EDMONDS ARTS FESTIVAL, AND THAT THE PROPOSED ORDINANCE BE BROUGHT TO THE COUNCIL FOR CONSIDERATION AT THE SEPTEMBER 1, C&,k, 1981 MEETING. MOTION CARRIED. Fire Chief Jack Weinz said he would prefer that the traffic be east on Main St. and west on Dayton St. for emergency responses. DISCUSSION OF PUBLIC WORKS ORGANIZATION (INCLUDING POSSIBLE RECLASSIFICATION OF POSITIONS OF PUBLIC WORKS DIRECTOR, FINANCE DIRECTOR, AND M.A.A.) COUNCILMEMBER ALLEN MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER NAUGHTEN, THAT REVISION 4 PRESENTED LAST WEEK BE ACCEPTED. Councilmember Naughten suggested a review in three months to see if it is working, and Councilmember Nordquist suggested that six months would be better. Councilmember Kasper also favored six months, and he said they needed to get into Buildings and Grounds which will take special attention. THE MOTION THEN CARRIED. Councilmember Nordquist thought there were some changes to MOTION: be made regarding the M.A.A. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO PUT ON THE AUGUST 11, 1981 AGENDA A DISCUSSION OF THE M.A.A. AND FINANCE DIRECTOR POSITIONS. MOTION CARRIED. Mayor Harrison was asked if he would have an appointment soon for the Public Works Director position, and he said he would provide it next week, and that it would be Jim Adams. DISCUSSION ON BROKEN SEWER LINE AT 508 2ND AVE. N. Councilmember Nordquist asked the Mayor why he thought the Council should get involved in this, and Mayor Harrison responded that Councilmember Goetz had indicated that he was giving away City resources, and that the following week Councilmember Jaech said he should bill Russ Johnson for the work he did, and with those two comments he thought the Council should hear the whole background. A lengthy written report had been provided to the Council to familiarize them with the situation. Councilmember Nordquist said he was concerned about how much liability the City gets exposed to, and whether the City should keep accurate records of everyone's sewer lines on their property or if that is the responsibility of the property owner. EDMONDS CITY COUNCIL MINUTES Page 7 - August 4, 1981 STR'�-,ZT F:ILE Allan Morris, 508 2nd N. had written a letter to the Council and he referred to it. He said his sense of justice had been pricked, and he reviewed the situation on his property as outlined in his letter. He said when sewage erupted in his back yard he did what he thought was reasonable, he inquired of the City Water and Sewage Department, and they inspected and advised him that it was his side sewer. He later found out it had nothing to do with his house but he was sent the bill because he was the one who called. He was experiencing no problems in his house, but the representatives from the City did not believe that. He said the department is totally misinformed about the way the sewage flows and which people are.served by the line. He added that some concern had been expressed about City employees working on private property to correct a private contractor's work, but the work was done on the advice of a City employee. He had paid the bill over a year ago. I He did not know what a citizen was supposed to do except act on the advice of the City department. Mayor Harrison said the City needs an easement across the back of Mr. Morris' property for the line that serves Mary Duke, and he suggested that in exchange for that easement the City pay the bill. City Engineer Jim Adams said there is nothing in their records to indicate where the sewers are, and only in the last 4-5 years have they had the ability to inspect and document sewers. He noted that these were private sewers never recorded by the City, but in the past 4-5 years they have started a policy of documenting where private sewers are placed. He added that they have many instances like this all over town. Councilmember Goetz said she thought the $836 should come from the Mayor's budget because he had indicated to Mr. Herzberg that he would take full responsibility for the actions of going on to private property. City Attorney Wayne Tanaka said they had proposed to solve the problem by putting in a City line and City easements by LID but the City Engineer said it was not practical at that location from an engineering point of view. He said it was still their position that the City is not responsible for it, the City only told him what it thought was the problem, and just because the City told him to dig up,the line does not mean the City owes him money. Mr. Adams noted that they could extend the City sewer by an LID, but the Morris property does not need it. Mary Duke, one of the other parties,involved, described how her property was affected and the difficulty she had in researching for easements. She expressed frustration at dealings with the City and said Mayor Harrison was the only person who had listened to her politely and tried to help. Councilmember Kasper thought in this situation they should endeavor to get an easement -C lor the entire strip, and in light of the effort of everybody involved he thought the City should pay the bill, even though he recognized that it was a bad precedent to MOTION: set. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER ALLEN, THAT THE CITY PAY THE BILL. MOTION CARRIED. Councilmember Nordquist suggested this be run by the Auditor, and Councilmember Kasper said he had no objection to that. DISCUSSION OF LIBRARY CORNERSTONE Councilmember Nordquist described the revised format for the cornerstone, the inscription to be on the large face of the stone and the listing of officials on the small side. The stone will be done in mahogany granite. He asked permission to set November 7 as the cornerstone laying date and he asked the Mayor to be one of the cornerstone ,?7L,7,,) layers. He said the Grand Master of the State should be invited by the Mayor. COUNCIL Councilmember Jaech called attention to a newspaper article about the Go 'N Joy stores in which it was alleged that unskilled people were used to do work required to be done by licensed people. She asked if the inspections were proper on the store that was constructed in Edmonds, and Planning Director Mary Lou Block replied that they were. Regarding the repair of sidewalks, Councilmember Jaech said the letters sent out said nothing about a permit being required, and her neighbor had repaired his without obtaining a permit so the records of repairs were not going to be accurate in such cases. EDMONDS CITY COUNCIL MINUTES Page 8 - August 4, 1981 FORm L59 Statutory Warranty Deed (CORPORATE FORM) AUG 2 6 1981 THEGRANTOR STEWART & POTTER HOMES, INC. Dir. Ot public W,,,"s forand inconsideration of Ten, and no/100 Dollars and other good and 'valuable consideration in hand paid, conveys and warrants to . ALAN W. MORRIS and JOYCE A. MORRIS his wife the following described real estate, situated in the County of Snohomish Washington: , State of Part of Government Lot 2, Section 24, Township 27.Nortli, Range 3 E.ast, W.M. , described as follows: Commencing at a point on the Westerly I ine of Third Avenue, 854.90 feet North 29*18'00" East as measured alon 'g the said Westerly line from the Northwesterly corner of Th.ird Avenue and Edmonds Street (said point being the Northeast corner W.-Ith&vC 4, - * -Ir , - f I"'- Y— ­7 "' 'E i � �n­d 9 T-i ii nt -,-7WRWrcPY -o frS*Gn'si01fAdd I on%11-t-c- n, Vol ume .-,,15 o f : P I a ts , page V. 41, records. of Snohomish County, Washington) ;' thence North 89*56'50" West for' z' 125.52 feet to the true point of,beginning; thence continuing North 8905615011 West for 125-52 feet ' more or less, to the Easterly margin of Second Avenue; thence along said margin North 30048'48" East for 1,88.00 feet; thence East 125-33 feet.; thence South 301'46,�001' West for'187.87 feet to the true point of C, - - 0.-00 feet t r beginning..'EXCEPT the North 8 h e' �0—f n.F_ -� h y * a ng Situate in omi -F-re—e--o-f—emc.ujrb.r.ane-es—E-XCEP-T-:—e,as-eTrpeWt-5 -resAtLct —r6&eKva t i �os—o;�-re—co rd'. J-on,s �and IN WITNESS WHEREOF, said corporation has camed this instrument to be executed by its proper officers and its corporate seal to be hereunto affixed this 5th day of July, 1972. '11EAC ESTATt SALES TA JTEWART ... & ... P.0 T. T.E. R ... HO-M.E.S .... I.N.0 ....... ........................ . ....... ..... AMOUNT PAID Z4el RECEIPT NO..� . .......... .......... . .................. .. .. ...... .................................. Don a L Pdtter, President. JUL13 1972 L.ran E. Ste. r t., Secretary. STATE OF WASHINGTON, VERNE !04RS, Sro�offsll ca"N law, I. County of King On this 5th day of July, 1972. before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Donald L. Potter and Loran E-. Stewart to me known to be the President and Secretary, respectively, of Stewart & Potter Homes Inc. the corporation that executed the foregoing instrument, and acknowleqg�d-the,,,said instrument to be the free and voluntary act and deed of said corporation, for the uses and pu * rpo96�.&�6in..meptioned, and on oath stated that they are- authorized to execute the said instrument apd, C0. the �C�r at% is the corporate seal of said corporation. 1_ 31 Witness my hand and official seal hereto affixed the d4/ A-iiO- 06�- IAve* wri Prepared by: R. C. Shanks, Atty'. 7, . . .............. .... .. .. "... ... .... ... .. . . ...... 3223 NE 123rd-St. h tate of W shington Seattle, Wn. 98125 E 2628 -613 OFFICIAL RECORDS VOL AR 91 Racki� VE c AUG 2 6 1981 Dir- Of, Public W 0 August 25, 1981 Mr. James Adams City Engineer 200 Dayton St. Edmonds, WA 98020 Dear Mr., Adams: Subject: Utility Easement Per your request a copy of the legal description for my property is enclosed. Sincere Alan W. ords 508 2nd Ave. N. Edmonds, WA 98020 CIT* OF E93MDPJ93S 200 DAYTON ST. EDMONDS, WASHINGTON 98020 - (206) 775-2525 DEPARTMENT OF PUBLIC WORKS - September.15, 1981 HARVE H. HARRISON MAYOR Mr. Alan Morris 508 2nd Avenue N. Edmonds', Wa. 98020 Dear Mr. Morris: SUBJECT:, REIMBURSEMENT'OF EXPENSE FOR SEWER REPAIR By.way of Council request on August 4, 1981, we have asked the State*Utility-Auditor as to his opinion regarding the above subject..' His conclusions are as follows: 1. The problen, is between two (2) private citizens. 2. The City of Edmonds is only responsible for providing assistance. 3., The City of.Edmonds-is not responsible for the repair bill and should not pay same. In view of the above, the City of Edmonds will not pay for the sewer.repair. However, should you agree to grant the.City a 10 foot.utility easement, we then will'offer yott-$863.46 for the easement. Sincerely, JOHN B. MITCHELL Acting Director of Public Works J-BM: gdl Of f ice 'Na-pin. Ix\I IN 3A Not All 3411, August 20, 1981 MEMOITO: Arthur Housler, Finance Director FRO14: James E. Adams City Engineer SUBJECT: BROKEN SEWER LINE '-'5'08 2ND AVE. N.'-MR.' A.- MORRIS Attached is a copy of my letter to Mr. Morris and' the August 4',' 1981, Council Minutes. The Council suggested that we "run this by the Auditor". Please get an opinion from the Auditor. If favorable, .I will prepare a Purchase Order charging the water/sewer fund for the expense. E. ADAMS JEA: ges attachment P14 0, 0 COTY OF re-EDR1190NDS 200 DAYTON ST. - EDMONDS. WASHINGTON 98020 - (206) 775-2525 DEPARTMENT OF PUBLIC WORKS HARVE H. HARRISON MAYOR August 20, 1981 Mr. Allan Morris 508 2nd Ave North Edmonds, WA 98020 Dear Mr. Morris: SUBJECT: UTILITY EASEHENT The City agreed to reimburse your eXDense of the sewer repair in your back yard for a utility easement. Please send a copy of the legal description of your property so that I can prepare the required documents. Sincerely, JAMES E. ADAMS City Engineer. JEA: ges CC,: Finance Director MOT I ON F a i 1 e d MOT I ON MOTION: MOTION: 0 0 his children have said the Policing should be more forceful. Mayor Harrison referred the question to the Police Chief who responded that his people have been involved in a horrendous year of fighting crime, and there is no tolerance policy --it is just a matter of priorities. He said they try to encourage having a strong enforcement Policy, but a misdemeanor has to be seen in the officer's presence. He believed his department had been very responsible in trying to enforce the laws, and he added that no police Official anywhere has solved this problem --that it is a social problem, and he did not think it realistic to expect the Edmonds Police Department to solve this social problem. Councilmember Kasper said lie would vote against the motion because he thought this was a matter of disorderly conduct. He lives in the area and walks there mornings and evenings. He thought the propoal would just move the problem somewhere else. He thought there should be a force there on a fulltime basis for the next six to eight weeks. Councilmember Goetz said this was an emergency situation so she would vote for the motion. City Attorney Wayne Tanaka noted that by eliminating Section 5 of the Proposed ordinance they could vote on it immediately. COU14CILMEMBER NAUGHTEN MOVED TO WITHDRAW HIS MOTION AND SUBSTITUTE A NEW MOTION TO CONSIDER THE PROPOSED ORDINANCE AS AN EMERGENCY MEASURE, ADOPTING ORDINANCE 2223, EXCLUDING SECTION 5, UNTIL A BETTER SOLUTION CAN BE FOUND, AND MAINTAINING THE SEPTEMBER 15, 1981 TERMINATION DATE OF THE ORDINANCE. A ROLL CALL VOTE WAS TAKEN ON THE MOTION, WITH COUNCILMEMBERS NAUGHTEN, GOETZ, AND JAECH VOTING YES, AND WITH COUNCILMEMBERS NORDQUIST, ALLEN' AND KASPER VOTI.NG NO, RESULTING IN A TIE VOTE. The Mayor was not Permitted to vot� to break the tie because the vote was on the passage of an ordinance. THE MOTION THEREFORE FAILED. COUNCILMEMBER KASPER THEN MOVED, SECONDED BY COUNCIL - MEMBER ALLEN, THAT THE COUNCIL DIRECT THE MAYOR TO ADVISE THE POLICE DEPARTMENT TO ENFORCE THE DISORDERLY CONDUCT LAW ON THAT STREET, OR ANYWHERE ELSE IN THE CITY, MEANING FULLTIME POLICEMEN THERE FROM 6:00 P.M. UNTIL AFTER SUNSET. Councilmember Allen noted that the money will have to be found for the addition of the Police. THE MOTION CARRIED. A short recess followed. .ARTS FEST.I.VAL PARKING Councilmember Allen said her suggestion was to make Main St. one-way west and Dayton St. one-way east, from 6th to 8th, during the Arts Festival. COUNCILMEMBER ALLEN MOVED, SECONDED By COUNCILMEMBER NAUGHTEN, TO INSTRUCT THE CITY ATTORNEY TO DRAFT A PROPOSED ORDINANCE TO MAKE TRAFFIC ON MAIN ST.,ONE-WAY WEST AND ON DAYTON ST. ONE-WAy EAST, FROM 6TH AVE. TO 8TH AVE., DURING THE EDMONDS ARTS FESTIVAL, AND THAT THE PROPOSED ORDINANCE BE BROUGHT TO THE COUNCIL FOR CONSIDERATION AT THE SEPTEMBER 1, 1981 MEETING. MOTION CARRIED. Fire Chief Jack Weinz said he would prefer that the traffic be east on Main St. and west on Dayton St. for emergency responses. DISCUSSION OF PUBLIC WORKS ORGANIZATION (INCLUDING POSSIBLE RECLASSIFICATION OF POSITIONS OF PUBLIC WORKS DIRECTOR, FINANCE DIRECTOR, AND M.A.A.) COUNCILMEMBER ALLEN MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER NAUGHTEN, THAT REVISION 4 PRESENTED LAST WEEK BE ACCEPTED. Councilmember Naughten suggested a review in three months to see if it is working, and Councilmember Nordquist suggested that six'months would be better. Councilmember Kasper also favored six months, and he said they needed to get into Buildings and Grounds which will take special attention. THE MOTION THEN CARRIED. Councilmember Nordquist thought there were some changes to be made regarding the M.A.A. COUNCILMEMBER NORDQUIST MOVED, SECONDED By COUNCILMEMBER ALLEN, TO PUT ON THE AUGUST 11, 1981 AGENDA A DISCUSSION OF THE M.A.A, AND FINANCE DIRECTOR POSITIONS. MOTION CARRIED. Mayor Harrison was asked if he would have an appointment soon for the Public Works Director Position, and he said he would provide i . t next week, and that it would be Jim Adams. NMtQS f&Td�".�jk rKEV'�r�_ff�E jNE 'rAT-5087'�CD'AVE. N.� Councilmember Nordquist asked the Mayor why he thought the Council should g&t involved in this, and Mayor Harrison responded that Councilmember Goetz had indicated that he was giving away City resources, and that the following week Councilmember Jaech said 'i"he should bill Russ Johnson for the work he did, and with those two coments he r';­ - ;'thought the Council should hear the whole background. A lengthy written report had to the Council to familiarize them with the situation. Councilmember Nordquist said he was concerned about how Much liability the City gets exposed to, 'and whether the City should keep accurate records of everyone's sewer lines on their property or'if that is the responsibility of the property owner. Vill EDMONDS CITY COUNCIL MINUTES Page 7 - August 4, 1981 Allan Morris, 508 2nd N. had written a letter to the Council and he re ferred to it. He said his sense of justice had been pricked, and he reviewed the situation on his property as outlined in his letter. He said when sewage erupted in his back yard he did what he thought was reasonable, he inquired of the City Water and Sewage Department, and they inspected and advised him that it was his side sewer. He later found out it had nothing to do with his house but he was sent the bill because he was the one who called. He was experiencing no problems in his house, but the representatives from the City did not believe that. He said the department is totally misinformed about the way the sewage flows and which people are served by the line. He added that some concern had been expressed about City employees working on private property to correct a private contractor's work, but the work was done on the advice of a City employee. He had paid the bill over a year ago. He did not know what a citizen was supposed to do except act on the advice of the City department. Mayor Harrison said the City needs an easement across the back of Mr. Morris' property for the line that serves Mary Duke, and he suggested that in exchange for that easement the City pay the bill. City Engineer'Jim Adams said there is nothing in their records to indicate where the sewers are, and only in the last 4-5 years have they had the ability to inspect and document sewers. He noted that these were private sewers never recorded by the City, but in the past 4-5 years they have started a policy of documenting where private sewers are placed. He added that they have many instances like this all over town. Councilmember Goetz said she thought the $836 should come from the Mayor's budget because he had indicated to Mr. Herzberg that he would take full responsibility for the actions of going on to private property. City Attorney Wayne Tanaka said they had proposed to solve the problem by putting in a City line and City easements by LID but the City Engineer said it was not practical at that location from an engineering point of view. He said it was still their position that the City is not responsible for it, the City only told him what it thought was the problem, and just because the City told him to dig up the line does not mean the City owes him money. Mr. Adams noted that they could extend the City sewer by an LID, but the Morris property does not need it. Mary Duke, one of the other parties involved, described how her property was affected and the difficulty she had in researching for easements. She expressed frustration at dealings with the City and said Mayor Harrison was the only person who had listened to her politely and tried to help. Councilmember Kasper thought in this situation they should endeavor to get an easement for the entire strip, and in light of the effort of everybody involved he thought the City should pay the bill, even though he recognized that it was a bad precedent to MOT I ON: set. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER ALLEN, THAT THE CITY PAY THE BILL. MOTION CARRIED. Councilmember Nordquist suggested this be run by the Auditor, and Councilmember Kasper said he had no objection to that. DISCUSSION OF LIBRARY CORNERSTONE Councilmemb6r Nordquist described the revised format for the cornerstone, the inscription to be on the large face of the stone and the listing of officials on the small side. The stone will be done in mahogany granite. He asked permission to set November 7 as the cornerstone laying date and he asked the Mayor to be one of the cornerstone layers. He said the Grand Master of the State should be invited by the Mayor. COUNCIL Councilmember Jaech called attention to a newspaper article about the Go 'N' Joy sLores in which it was alleged that unskilled people were used to do work required to be done by licensed people. She asked if the inspections were proper on the store that was constructed in Edmonds, and Planning Director Mary Lou Block replied that they were. Regarding the repair of sidewalks, Councilmember Jaech said the letters sent out said nothing about a permit being required, and her neighbor had repaired his without -,,obtaining a p.ermit so the records of repairs were not going to be accurate in such cases. EDMONDS CITY COUNCIL MINUTES Page 8 - August A, 1981 MEMO TO: VIA *: FROM SUBJECT: July 30, 1981 Harve H. Harrison Mayor -: i John B.: Mitche Acting,�Director U�i ic Works Larry Ogle Water/Sewer DISCUSSION Leadman E ON BROKEN SEWER LINE AT 508 2ND AVE. N. �In-May of:1980,, the Sewer.Division was notified of a sewer back .up at 508 2nid Avenue;Nort�, the 'residence of Allan Morris. A - Sewer Division crew ' was dispatched to that address consisting of John KoYles and Ronny Holland. Upon their inspection and after finding that'the�City sewer -mains were flowing -normally with no visual obstruction,,they advised Mr.'Morris that the blockage appeared to be on -his property and, therefore, would have to.call Roto-Root'er or make the necessary repair at his convenience. It -is my understanding from this point that Mr. Morris then hired Russ Johnson to make repairs to his sewer service. When the excavation was being performed, it was discovered that the Morris - lateral was okay, and instead discovered a 6" clay line that ran north and south on his property which apparently served the adjoin- ing properties on 3rd Avenue North. Mr. Morris was billed approxi- mately $800.00 for.Mr. Johnson's services and felt it was the . responsibility of the properties on-3rd-Avenue N.�to pay this bill: At this point the. City was contacted by Alan Mork of 509 3rd Avenue North concerningthe dispute of the $800.0.0 bill that Mr. Morris thought Alan Mork should pay. After a short pe-j�.iod of time and. after numer.ous telephone contacts with Mr. Mork, it was decided that perhaps to alleviate this -problem that Mr. Mork obtain an easement.from the property owner to the south of his property and gain access �o the 6" clay line, thus eliminating the' need.for the sewer line on the Morris property. It should be noted that at this.time * it was�unknown that the property at 529.3rd Avenue North, residence of Mrs.! Mary Duke, was also connected to the 6" clay line running north and south on the Morris property. The City has previously dye tested the Duke residence at 529 3rd Avenue North and!determined that the Duke property flowed north. On or about July�lst, Mr. Mork contacted me and advised that all the necessary paperwork had been completed and -that he intended to make the repairs"and connect the sewer line himself. He also asked me on how the connection had to be mede, the proper material that had to be used and proper grade required. At the time that Mr. Mork was making the change in his connection which was about Saturday, ; '7 r 1117 Aex, IRENE VARNEY MORAN RHONDA MARCH _JXJ DT. MEMO'TO HARVE H ;HARRISON JULY'30 1981 Page,2 July 3,,1980, Mr.' Mork contacted me at my residence and asked if I would be able �o inspect his progress and that he was having some difficulty in putting his,line together and also if I could advise him further which he;was making his connection, which I did. After a short time, Mr. Mork was -ready to connect his line through the easement adjacent to the south. Mr. Mork then cut out a section of the 6'.' line abandoning remaining section to the north and connect- ed his line to the sewer main1ine flowing to the south. At this point I made a drawing of�the new�,sewer connection and allowed Mr. Mork to backfillihis ditch. At this time the original matter of $800.00 had not been�resolved and it was also unknown that the Duke property had been�cut' off. In August,.a Plugge&sewer call was received from the -Duke residence a '529 3rd Avenue North and the usual procedure was used advising the customer of calling R6to-Rooter to determine if the stoppage might in fact be the'responsibility of the home owner. Mrs. Duke citing extreme financial hardship then contacted the Mayor's office for assistance and the Sewer Division was called upon -to handle the problem. At this point, we were still unable to determine the correc(ee)flow for,the Duke residence. We used smoke testing, dye testing and dug up sections of her -line to determine the way Mrs. Duke's property flowed. We then reconnected the 6" clay line that. Mr. Mork was instructed to cut and noticed a heavylbuild up of sludge from the direction of the Duke residence and found by reconnecting the line that the Duke property had normal flow re-established. Following the reconnection, a re -test of smoke and dye were made to confirm officially the direction of the flow for the Duke property and after two days, the dye test did in fact confirm, that the Mrs. Duke ' 's residence,flowed to the south. The reason.that the tests took so long.is�due to the grade problems of that 6":line and.the minimal flow in that line. As a part of the,Sewer Division routine maintenance, I advised the sewer crews to ro! t d the.6" sewer main that is the City's responsibi- lity. In December of 1980, the.Mork residence experienced�a sewer stoppage and City crews wete-called out to try and remove the blockage, which was,mak.e'up of heavy sludge and poor flow characteristic of the 6" sewer line servC�ng those properties. Normal flow was re-established and to this date'no-further calls or problems have been received. e- LDO: j ky 0 FILIE July :24, 1981 MEMO TO: Harve H. Harrison - Mayor FROM: John B. Mitchell Acting Public Works Director SUBJECT: DISCUSSION ON BROKEN SEWER LINE AT 509 2ND AVENUE NORTH Attached (attachment No. 7) is a map showing the approximate location 'of the sewer -lines in the vicinity of the Morris property. Those lines marked in yellow -are public sewers, which'are owned and maintained by the City. The other lines are private lines. This problem began when sewage surfaced in Morris's back yard. Mr. Morris came to the Public Works Department and requested assistance. Our records indicate that the sewer from the Morris house was in the vici�nity of where the sewage was surfacing. Mr. Morris hired Russ Johnson to make the necessary repairs. Mr. Johnson apparently found that the leak was not in the Morris line but in another sewer line which crossed the back of his property. Russ Johnson repaired the brQken line. When Mr. Morris learned that the sewer was not his, he called nu ' merous people in the Public Works Department and told t'hem that he was sending the bill to the City. Since we do not have any authority to authorize payment for this type of work, the matter was referred to the City Attorney at the direction of Mayor Ha'rrison. During the time that Mr. Morris was experiencing the surfacing of the sewage, the Mork residence was having some difficulty with the flow in in their sewer. Mr. Mork excavated his sewer line and discovered that it entered a common line in the southeast corner of the Morris property. At this time there was an apparent contrariety between Mr. Mork and Mr. Morris. Mr. Mork obtained an easement from the property owner at 431 3rd Avenue North and moved his connection to the common line off the Morris property. At that time our Sewer Division checked.to determine,'if any, other residences were connected to this common sewer. They used a smoke test, which is our usual method. No smoke appeared north of the Mork property and Mr. Mork was advised that he could plug the 1-ine.which extended through the Morris property. A few days after this occurred, Mrs. Duke at 529 3rd Avenue North experienced a blocked sewer. Again, a large delegation went to the site. They could not determine, with our normal methods, the location of the'Duke sewer. The Public Works records indicated that the Duke property was sewered to the north. 0 9 MEMO TO HARVE H. HARRISON JULY 24, 1981 Page 2 The timing of the Duke blockage, after Mr. Mork had cut the line, indicated a possibility that these incidences were related. Due to a request from Mrs. Duke, Mayor Harrison directed Mr. Herzberg -to have the City forces reopen the line which has been closed. There was some discussion between Mr. Herzberg and Mayor Harrison on the advisability of using City forces to do work on a private sewer on private property. Mr. Herzberg felt that if Mr. Johnson had done a thorough'job the problem would not have occurred. This resulted in a memo (attachment No. l)-from Mr. Herzberg to Mayor.Harrison indicating we should charge -Russ Johnson for the City forces' services. Attached are the following: 1. Memo to Mayor Harrison from Fred Herzberg Dated August 8, 1980 2. Letter to Mayor Harrison from Alan Morris Received September 4, 1980 3. Memo to Fred Herzberg from John B. Mitc'hell. Dated September 10, 1980 4. Memo to Mayor Harrison from Fred Herzberg Dated September 11, 1980 5. Letter to City Attorney from Jim Adams Dated November 20,,1980 6. Memo to Mayor Harrison from Fred Herzberg Dated February 3, \ 1981 7. Map of area showing approximate locations of sewers. JOr.- MITCHE� J EA: j ky Attachments FILE COPY July 24, 1981 MEMO TO: Hary ' e H. Harrison, Mayor FROM: John B. Mitchell Acting, Public Works- Director SUBJECT: :DISCUSSION ON -BROKEN SEWER LINE AT 509 2ND AVENUE NORTH Attached (attachment No. 7) is a map showing the approximate locationl6f the sewer lines in the vicinity of the Morr-is property. Those lines m�arked in yellow are public sewers', which are owne*d.and maintained by -the City. The other lines are private lines. This problem began when sewage suffaced in Morris's back yard. Mr. Morris came to the Public Works Department and requested assistance. Our records indicate that the sewer from the Morris.bouse was in the vici:,hity of where the sewage was surfacing. Mr. Morris hired Russ Johnson to make the necessary repair's. Mr. Johnson apparently found..that the leak was not in the Morris line but in another. sewer line which crossed the back of his property. Russ Johnson repaired the broken line. When Mr. Morris learned that the sewer was not,his, he called numerous people in the Public Works Department and told.them that he was sending the bill to the City. Since we do not have any authority to authorize payment for this type of work, the matter was referred to the City Attorney at the direction of Mayor Harrison. DOring the time that Mr. Morris was experiencing the surfacing of the sewage, the Mork residence was having some difficulty with the flow in in their sewer. :Mr. Mork excavated his sewer line and discovered that it entered a common line in the southeast corner of the.Morris property. At this time,there was an apparent contrariety between Mr. Mork and Mr. Morris. Mr. Mork obtained an easement from the property owner at 431 3rd Avenue North.and:moved his connection to the common line off the Morris property. At that time our Sewer Division checked.to determine;',Iif any, other re , sidences were connected to*this common sewer. They.used,a smoke test, which.is our usual method. No smoke appeared north of the Mork property and Mr. ' Mork was advised that he could plug the 1-ine which extended through the Morris property. A few days after this occurred, Mrs. Duke at 529 3rd Avenue North experienced a blocked sewer.- Again, a large delegation went to the site. They could not determine, with our normal methods, the location -of the Duke sewer. The Public Works records indicated that the Duke property was sewered to the north. M JIM, AUAMS' L)T. ftqNLJA M KUH Ur. TRMVVAKNEY MURAN 'IDT.' MEMO TO HARVE.H. HARRISON JULY 24, 1981 Page 2 The timing of the Duke blockage, after Mr. Mork had cut the line', indicated a possibility that these incidences were related. Due to a request -from Mrs. Duke, Mayor Harrison directed Mr. Herzberg.to have the City forces reopen the line which has been closed. There was some discussion.b6tWeen Mr. Herzberg and Mayor Harrison on the advisability of using City forces to do work on a private sewer on*private property. Mr. Herzberg felt that if Mr. Johnson had done a thorough'job the problem would -not have oc'curred. This resulted in a memo (attachment No. l)-from Mr. Herzberg,to,�Maypr-t�-Har�tson indicating we should charge Russ Johnson for the City forces';,services. Attached are the following: I. Memo to Mayor Harrison from Fred Herzberg Dated August 8, 1980 2. Letter to Mayor Harrison from Alon Morris Received September 4, 1980 3. Memo to Fred Herzberg from John B. Mitchell Dated September 10, 1980 4. Memo to Mayor Harrison from Fred Herzberg Dated September 11, 1980 5. Letter to City Attorney from Jim Adams Dated.NoVember 20, 1980 6. Memo,to Mayor Harrison from Fred Herzberg Dated February 3, 1981 1 7. Map of area showing approximate locations of sewers., JOHN B. MITCHELL JEA:jky Attachments �, f;- 0 ? �? THESE MINUTES SUBJECT TO AUGUST 18 APPROVAL .EDMONDS CITY COUNCIL MINUTES August 11, 1981 (Work Meeting) The regular meeting of the Edmonds City Council was called to order at 8:00 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Ray Gould Jim Adams, City Engineer Katherine Allen Larry Naughten Irene Varney Moran, City Clerk John Nordquist Art Housler, Finance Director Bill Kasper Mary Lou Block, Planning Director Jo -Anne Jaech Jack Weinz, Fire Chief Mary Goetz Ron Schi man, Asst. Fire Chief Wayne Tanaka, City Attorney Mark Eames, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA MOTION: Item (B) was removed from the Consent Agenda. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER 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) Acknowledgment of receipt of Claim for Damages from Douglas L. Willand in the amount of $165. APPROVAL OF MINUTES OF AUGUST 4, 1981 [Item (B) on Consent Agenda] Councilmember Nordquist referred to page 8 of the Minutes, the motion regarding the broken sewer line at 5.00 The fi—M-0—IN—AMP"01 "and said he had voted "no" on the motion. MOTION: Minutes had reflect� mous it yes" vote. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO APPROVE ITEM (B) ON THE CONSENT AGENDA WITH THAT CORRECTION. MOTION CARRIED. MOTION: Regarding this evening's agenda, COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL - at"& MEMBER JAECH, TO PLACE THE ITEM REGARDING THE APPOINTMENT OF THE PUBLIC WORKS DIRECTOR AND CITY ENGINEER ON NEXT WEEK'S AGENDA, FOLLOWING DISCUSSION IN AN EXECUTIVE SESSION AFTER THIS EVENING'S MEETING. MOTION CARRIED. Councilmember Allen said she would like to add to that personnel matter a discussion regarding the Port parking lot in the Executive Session. DISCUSSION OF M.A.A. AND FINANCE DIRECTOR POSITIONS Councilmember Nordquist commented that with recent modifications to the M.A.A. position he felt that it was becoming more of a personnel director position, but this was acceptable to him because he thought the City was desperately in need of a purely personnel individual. He concurred with the Mayor's decision to put the budgetary aspects under the Finance Director, but he did not concur with the recommendation to change the grade of the Finance Director because that would not increase his salary. He thought the increase in responsibility should be reflected in an appropriate salary increase. Councilmember Nordquist also said he hoped the Mayor would make some changes within the organization to maintain adequate secretarial services for the Council, the Personnel Director, and the Hearing Examiner. He said he has observed some definite personnel problems and he thought some reorganization will be needed. Councilmember Allen agreed that a personnel person is needed, and she said she had recommended long ago that the Finance Director's grade and salary be increased. Councilmember Kasper recalled that last January they were planning to get a personnel person or put personnel under the Finance Director and not go for an M.A.A., but half way through the process they were told it was not necessary. He thought Mr. Housler July 24, 1981 MEMO TO: Harve H. Harrison Mayor FROM: John B. Mitchell Acting Public Works Director �K All, ,-1---- tl— SUBJECT: DISCUSSION ON BROKEN SEWER LINE:AT 5t,9-2ND AVENUE NORTH Attached (attachment No. 7) is a map showing the approximate location of the sewer lines in the vicinity of the Morris property. Those lines marked in yellow are public sewers, which are owned and maintained by the City. The other lines are private lines. This problem began when sewage surfaced in Morris's back yard. Mr. Morris came to the Public Works Department and requested assistance. Our records indicate that the sewer from the Morris house was in the vicinity of where the sewage was surfacing. Mr. Morris hired Russ Johnson to make the necessary repairs. Mr. Johnson apparently found that the leak was not in the Morris line but in another sewer line which crossed the back of his property. Russ Johnson repaired the broken line. When Mr. Morris learned that the sewer was not his, he called numerous people in the Public Works Department and told them that he was sending the bill to the City. Since we do not have any authority to authorize payment for this type of work, the matter was referred to the City Attorney at the direction of Mayor Harrison. During the time that Mr. Morris was experiencing the surfacing of the sewage, the Mork residence was having some difficulty with the flow in in their sewer. Mr. Mork excavated his sewer line and discovered that it entered a common line in the southeast corner of the Morris property. At this time there was an apparent contrariety between Mr. Mork and Mr. Morris. Mr. Mork obtained an easement from the property owner at 431 3rd Avenue North and moved his connection to the common line off the Morris property. At that time our Sewer Division checked to determine, if any, other residences were connected to this common sewer. They used a smoke test, which is our usual method. No smoke appeared north of the Mork property and Mr. Mork was advised that he could plug the line which extended through the Morris property. A few days after this occurredi Mrs. Duke at 529 3rd Avenue North experienced a blocked sewer. Again, a large delegation went to the site. They could not determine, with our normal methods, the location of the Duke sewer. The Public Works records indicated that the Duke property was sewered to the north. MEMO TO HARVE H. HARRISON JULY 24, 1981 Page 2 The timing of the Duke blockage, after Mr. Mork had cut the line, indicated a possibility that these incidences were related. Due to a request from Mrs. Duke, Mayor Harrison directed Mr. Herzberg to have the City forces reopen the line which has been closed. There was some discussion between Mr. Herzberg and Mayor Harrison on the advisability of using City forces to do work on a private sewer on private property. Mr. Herzberg fel t that i f Mr. Johnson had done a thorough job the probl em would not 'have occurred. This resulted in a memo (attachment No. 1) from Mr. Herzberg to Mayor Harrison indicating we should charge Russ Johnson for the City forces' services. Attached are the following: 1. Memo to Mayor Harrison from Fred Herzberg Dated August 8, 1980 2. Letter to Mayor Harrison from Alan Morris Received September 4, 1980 3. Memo to Fred Herzberg from John B. Mitchell Dated September 10, 1980 4. Memo to Mayor Harrison from Fred Herzberg Dated September 11, 1980 5. Letter to City Attorney from Jim Adams Dated November 20, 1980 6. Memo to Mayor Harrison from Fred Herzberg Dated February 3, 1981 7. Map of area showing approximate locations of sewers. �V . MITCHELY JEA:j ky Attachments FILE COPY 0 10 ME110 -TO: FROM: SUBJECT: Harve H. Harrison Mayor August 8, 1930 Fred F. Herzberg Director of Public Works SEWER CONNECTION AT 5b SECOND NORTH Confirming our phone conversation at . Noon on August 3,1980, you directed the utility crews to enter upon private property to re- connect a side sewer at 509 Second North that had been disconnected by Russ Johnson. I expressed my great reluctance to correct the mistake of a private contractor and.also set a precendent for City crews working on private prope * rty. You indicated that you had re- ceived verbal permission from the property owner and that you would take full responsibility for any effects �f your directive. I am putting this in writing because I am deeply concern- ed about the precedent and liability risk we are establishing. I request your concurrence with my notes on our conversation. Ve are proceeding this afternoon as you directed. We will send a bill for our services to Russ Johns�n. FF11/jf Please concur, 11arve. FRED F. IIERZBERG RECEIVED 508 Second Avenue North Edmonds, WA 98020 September 2, 1980 Mayor Hary Harrison City of Edmonds Civic Center Edmonds, WA 96020 Dear Mayor Harrison: F P 4. 19 8 0 U; FUU11" This letter is written in complaint to what I sincerely feel is an injustice to me as a property owner and citizen of the city of Edmonds. The matter began when I noticed what appeared to be sewage surfacing near the rear of my property, located at 508 Second Avenue North, Edmonds. An inquiry was made to the city water and sewage department. An employee of the department, named John, said he would come out and look at the problem and call back to tell me of his findings. His determination was that it was a problem with my side sewer. He was puzzled that we were experiencing no problem with our sewage, but nevertheless assured me it was definitely my problem. Further contact with the water department was with Jack Mitchell, who also assured me that the problem was mine, and who provided me with a diagram as to where my side sewer was located per the contractors per- mit obtained at the time of installation. The location of the side sewer on the diagram and the eruption of sewage on my property did not coincide; however, I was assured the problem was with my side sewer. I inquired as to what would need to be done to correct the problem and was advised by Jack Mitchell that the City did not do work of this nature on private property, and that I should contact a private con- tractor. I told Jack Mitchell that my son and I would do some of the digging, but he advised me against that, indicating that the pipe was four to four and a half feet deep, and that I should let a contractor do the job. I asked Mr. Mitchell for the name of a reputable contractor since I knew of no one in the area. lie said that the City had done -some business with Russ Johnson Sewer Contractors and suggested that I call him. On June 16, 1980, 1 telephoned Russ Johnson's office from my work and informed the lady who answered that I had a sewage problem in the back yard and requested assistance in repairing the problem. Later in the morning, I was contacted,at my work by Russ Johnson, who, in addition to telling me about the repairs he had made, advised me th�t the problem had nothing to do with my side sewer. He said he had tried to determine just who was on the line but could not for certain. AM Mayor Hary Harrison Page 2 September 2, 1980 fie said that while the problem had nothing to do with my property, he would send me the bill because I had called him. He advised me to give the bill to the property owners served by the line, as that is the proper procedure in these matters. In short —their sewer; their bill. Now the fun really began. In contacting the City to determine who was actually served by the line, I found that there are no records showinn that information. I was told there were no easements to the city for' the line, and that it appeared I was "stuck" with the bill unless I could get the people served by the line to pay. The City agreed to do some dye testing of residences in the area to determine 'who was on the line. The end result of that was that the house owned by Alan Mork, at 509 Third Avenue North, was said to be the only one on the line. When I presented Mr. Mork with the bill, he refused to pay it. Since his side sewer connected to the line at the corner of my property, he obtained a permit from the City, via Larry Ogle, and hooked up on his neighbors property, which is to the south. Since the repairs made by Russ Johnson and the side sewer hook-up by Alan Mork, others in the area have experienced some sewer problems which have since been corrected. You are familiar with the problenis of Mary Duke. Mr. Harrison, the point of all this is that in reporting the sewer leak to the City of Edmonds and acting on the advice given by the water department, I am holding a repair bill in the amount of $863.46 for repairs to a sewer line that has nothing whatsoever to do with my property. I am enclosing the sewer bill and request that the City qf Edmonds pay the bill, then make a determination as to what properties are actually serviced by the sewer line in question and bill the property owners accordingly for the repairsmade to the line. I sincerely feel that the city is responsible for the proper flow of sewage from the residences located within the city limits, regardless of the lack of easements of record and all the other convenient escapes from responsibility tossed around by Messrs. Adams, Ogle, and Mitchell. As a property owner and taxpayer of the City, I should not have to pay $863.46 for the inconvenience of having someone elses sewage flow into my back yard. 0 11 Ll Mayor Hary Harrison Page 3 September 2, 1980 Thank you for your attention to this matter, It is encouraging to know that at least one official of city government is willing to address a problem. Sincerely, Alan W. Morris 10 RUSS Jelr% PLUMBING & SEV*QtONSTRU(TION 16009 N. Meadowdale Road t EDMONDS, WASHINGTON 98020. Phone 743-0993 INVOICE NO. 617-3 Sold To Alan W. Morrks 505 2nd Ave No. DATE June 17, 1980 Edmonds 98020 JOB ADDRESS same Labor S; material 820.00 SSTx 43.46 $ 863.46 Thank You RUSS J%P�ON PLUMBING &'SE*91�tONSTRUCTION 16009 N. Meadowdale Road EDNIONDS, WASHINGTON 98020 Phone 743-0993 v n L ..'*....'* .................................................. Wash. Date... .......................................... his Agrecmcr�t, Made and entered into by and between: -7 .......................................... ........................................... ....................... .................... .. ........ ... ... .. ................................ I Narne) (Mailing Addres%) (Phone) (hereinafter termed the owners), and Russ Johnson Plumbing & Sewer Construction. Contractor does hereby offer to construct by machine or otherwise when pr2ctic3l 2 side sewer to serve the following described property: Street Address ............ Samebeing described as Lot .................... Block .................................................... ..................................................... 2ddltlori. Contractor hereby covenants and agrees to do and perform said work in a workmanlike manner and to the satisfaction of the proper officials. 0:7& C' tc-- 7 Material & Labor ..... $ ........................................ ft 7 Sales Tax .......... $ .......... ........ ... ..... .... ..... 47'? 7. 0 0 Sub Total .. ....... ol .. .." "-/ ':" 1";'I'S A�-W (T 1-1a '7 ................. Y' ;�l 7 Permit ........................................ 7 7. Total. ... ... $ ....................................... Sue 7-., Paid Down ............ .................. ......... . 'e Balance Due ..................................... 7' '4;FJ And for and in consideration of the foregoing covenants and agreements on the pa" of said contractor to be kept and performed, said owner hereby covenants, promises and agrees to pay said contractor for said work, when said work is com- plctcd and accepted by the proper officials, the agreed price as stated in this contract. C] A —From the existing wye in the sewer system to and connected with the Owner's plumbing outside the building, according to specifications. .0 B—From the Owner'i property line to and connected with the plumbing outside the building, according to specifications. 0 Without lawn replacement Vith lawn replacement C] Machine backfill only 0 Handwork. The contractor shall not be required to pump, sterilize. fill, break through or do any other act relative to any existing Septic tank, cesspool or their appurtenances. unless otherwise stated in writing herein. and in the event such acts become necessary, owners agree to cause prompt performance of such acts at their own expense or in the alternative, contractors failure to complete the job due to such conditions shall not constitute a failure of consideration of this agreement and the owners shall remain bound to pay the contracted sum. 1. the undersigned, do hereby declare that I am the owner of the above described premises and that I do hereby accept the above proposal and 3Uthorizc the RUSS JOHNSON PLUMBING L SEWER CONSTRUCTION performance of said work. ' ........................................ I .................................................. .............. . .... . . . .... . ................................................................ ............................................................................................ (jklere D­.904 ronditiont r­' Wn,k Avoed T� ^" Ole Revr,,, 0 0 0 0 MEMO TO: FROM: SUBJECT: Fred Herzberg Director of Public Works September 10, 1980 John B. Mitchell 'Nater/Sewer Division Superintendent CITIIZEN CO11PLAINT - 508 2nd Avenue North, Edmonds (Alan �J. Morris) I would like to present my -viewpoint in regards to the Cl) letter received from Mr. Alan Morris at the above address. I do not feel that I, or any employees within the City who handled the .1 complaint, have shown an injustice in any way to Mr. 'Morris. When this matter began, we responded immediatelv and found that the sewage was backing up in his backyard and that it was 1.11r. Morris' problem. We did assure him, however, that.we would assist him in any way possible other than repairing the side sewer. As outlined in his letter, I did assure him that it was definitely his problem. I forwarded a copy of the as -built drawing of his side sewer to him so that he would know the location of his service side sewer. It was my feeling at the time that it was definitely his re- sponsibility inasmuch as his side sewer was located in the immediate area where the raw sewage was coming to the surface. Mr. Morris did state that he and his son would do some digging. In Mr. Morris' letter, he states that I advised him against digging up the side sewer. This is incorrect. I suggested that it would be better to have a contractor to the job inasmuch as it could be very messy; however it was his prerogative to do as he pleased since it was on his private property. Shortly thereafter he called me and asked me for the name of a reputable side sewer contractor. I did Memo to: Fered Herzberg From: John B. Mitchell Subject: Alan W. Morris Complaint Page -2- not make reference to any one contractor for side sewer repairs. Therefore, I gave him the names of four contractors who have done business in the City, namely;- Lynnwood Septic, Lynnwood Sewer, Bob Aklin, and Russ Johnson. I believe it was the following day that Mr. Morris called me back and said that he had called these contractors and the only one who would respond was Russ Johnson. I advised him that Russ Johnson was a licensed contractor who was doing work in the City, that he was reputable, and 1 suggested that he have him do the work. Russ Johnson, while making the repairs, found that the sewer was seeping from another sewer line of which Mr. Morris was not knowledgeable. Further, the City was not aware of this line. At that point I researched all of the City records available for easements. I called the county courthouse to find out whether there were easements. Apparently there was only one easement and that was for the developer of this property. It was for granting an easement to himself only. After researching this, I advised Mr. Morris of my findings. At that point I again advised him that this sewer line was on private property and not in the jurisdiction of the City of Edmonds. I personally spent much of the City's time over a period of two or three weeks attempting to resolve Mr. Morris' problem. I even went to the extent of verifying the materials that were used on this job.by Mr. Johnson as well as the prices charged which turned . out to be reasonable. I do not believe that the amount of time spent by myself and other City personnel warrants his letter stating, -convenient escapes from responsibility tossed around by Ilessrs. Adams, Ogle, and Mitchell" Memo to: Fred Herzberg From: John B. Mitchell Subject: Alan 11. florris Complaint Page -3- In the last sentence of the last paragraph Mr. Morris, states, "i't is encouraging to know that at least one official of city government is willing to address a problem". I do not know what Mr. Morris expects of other employees involved in this matter as we spent ILIANY, MANY hours trying to -resolve his problem - - a problem that is on private property and wherein the City has no jurisdiction. Unless I am otherwise directed by my superiors. I consider this the private citizen's responsibility. JOHN B. MITCHELL 0 JBII / j f I P. 11. copy r1l MOTO: FROM: SUBJECT: September 11, 1980 Harve H. Harrison Mayor Fred F. Herzberg Director of Public Works CITIZEN COMPLAINT - Alan 17. Morris -608372nd Avenue N6fth`7- Idm'on s Enclosed is the letter from Mr. 11orris.and Jack 11.it- chell's comments which include the facts of the case. I feel that the employees of the Utility Division and City Engineer's office went way out of their way to assist a cit- izen in solving a problem that is totally a problem of that citi- zen and his neighbors. You mav recall our conversation of August 8, 1980 where- in vou directed me to take action to correct the situation on pri- vat� property where we had no jurisdiction. During that conversa- tion, I remarked that by so doing we could be incurring. a liability which Mr. Morris is now asking us to incur. This was recorded in my memo of August 8, 1980 enclosed. If we pay the bill to resolve a private problem, we may eventually be billed for every sewer blockage in the City occurring on private property. It is only a small step from there'to going around unplugging toilets and sink drains! You are aware of the financial status of the water/sewer fund. We cannot afford this bill or any others that mav ensue. Again, I recommend we not consider paying this bill. FFII/j f Attachments (3) CC: J�ck Mitchell FRED F. 11ERZBERG 0 HARVE H. HARRISOtl CITY OF EDMONDS MAYOn 200 DAYTON ST. EDMONDS. WASHINGTON 98020 * (206) 775-2525 DEPARTMENT OF PUBLIC WORKS November 20, 1980 Mr. James Murphy Ogden, Ogden and Murphy 1411 Fourth Avenue Building Suite 1015 Seattle,.Washington 98101 Dear Jim: SUBJECT: SEWER DISPUTE (508 2ND AVENUE NORTH) Attached is a map showing the approximate location of side sewers and trunk lines in the vicinity of 508 2nd Avenue North. The original problem was a rupture in the line from the Duke property, which runs through the rear of1the Morris property. Our records indicate that all the north -south lines behind 508 and 510 2nd Avenue North are private lines. I can find no records of when these lines were installed nor who installed them. The public sewer on the attached map is highlighted in yellow. If you have any further questions, please call me. JEA:jky Sincerely, E. ADAMS, P.E. �Ity Engineer FILE COPY MEMO TO: FROM: SUBJECT: Harve H. Harrison Mavor Fred P. Herzberg Director of Public Works ALAN MORRIS SEWER PROBLE1111 February 3, 1981 I received a copy of the letter to you from Wayne Tanaka dated January 21, 1981 regarding the subject problem. There is no evidence that the side sewers, from the Morris residence at 508 2nd.Avenue North, nor his neighbor at 510 2nd Avenue North, are presenting problems. Therefore, I cannot recommend that those sewer lines be replaced ))v an L.I.D. or any other method. (See attached drawing showing the directions of flow for the lines in ques- tion.) We have had some problems with blockages from roots in both our section and the private section oC the sewer line'serving the Duke property at 529 3rd Avenue North, the Mork property at 509 is 3rd Avenue 11orth, and the residences at 431 3rd Avenue North and 427 3rd Avenue North. Our section could possibly he replaced and a pub- lic sewer line extended to the Duke property. If this extension is to be accomplished by an L.I.D., t there would onlv be three (3) participants. Mr. Morris would not be included in the L.I.D., but we would need to acquire an easement through his property. Please let me know if you want me to proceed.with an L.I.D. JEA/jf Encl. (3) cc: Wayne Tanaka I r_,A -orldiw 5 F- it J. E. Adams FRED F. HrRZBERG (Z;; t ) : 0 dt arch I '; ' 4r -40 ... .... ............. -S T 5--7 17 Councilmember Allen noted that the Mayor had called an Executive Session next week at 7:00 p.m., just prior to the regular meeting, to meet with Doug Albright regarding labor negotiations. Councilmember Jaech reported from the Finance Committee. She said the Fire Department's CETA Typist position will expire August 1 and they want to fund that position full- time for the balance of 1981. That department has the funds in its budget to fund it until that time. The Committee recommended placing this on next week's Consent Agenda and that both CETA and the employee be notified. The Mayor had recommended MOTION: approval. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO ACCEPT U.,� THE FINANCE COMMITTEE'S RECOMMENDATION TO PLACE ON THE JULY 21, 1981 CONSENT AGENDA a,lr-- LLzUXHE RECOMMENDATION TO FUND THE NE-1 TYPIST POSITION IN THE FIRE DEPARTMENT UNTIL THE J END OF 1981. MOTION CARRIED. Councilmember Jaech further reported that the Finance Committee heard a report from the Finance Director concerning the City's bond rating which remains at Baa-l. They discussed the pending bond issue and decided to take a wait and see position because the feeling in the market is that the rates will be coming down. Councilmember Jaech said the Finance Committee would like all the departments to ALa4*7-#0-prioritize the services they supply so if services have to be cut somewhere the Council will have a head start on planning. She raised the question ' of taxing on video games and after a brief discussion it was decided to take that up at the Council/Staff retreat. The Mayor was asked to look into lobbying in Olympia to increase the sales tax for the City and also to lobby to change the municipal court law so the City can have its own municipal court again. Councilmember Jaech said she had received some citizen inquiries about an incident mentioned recently regarding the connection of a side sewer that had been disconnected by Russ Johnson on 2nd Ave. Former Public Works Director Fred Herzberg had expressed concern that a precedent was being set for City crews to work on private property and correct the mistake of a private contractor. Mayor Harrison said this was a very complicated situation and perhaps it was time for the Council to get involved in it. MOTION: COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NOTUIST, TO�PLACE FOR DISCUSSION ON THE AUGUST 4, 1981 AGENDA THE BROKEN SEWER LINE AT 5 2ND AVE.,N. IN REGARD TO CONTRACTOR RUSS JOHNSON. MOTION CARRIED. Councilmember Jaech asked the status of the Space Needs Study. COUNCILMEMBER ALLEN MOTION: MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO REVIEW THE SPACE NEEDS STUDY ON AUGUST 18, 1981. MOTION CARRIED. Councilmember Nordquist reminded the Council that he had suggested at the time of the last report that Mr. Herzberg be brought back on �e� contract to finalize the study. Planning Director Mary Lou Block noted that when the draft was furnished responses had been solicited from the Department Heads and Council, but none had been received. Councilmember Allen thought if there were no comments received by August 4, then the Council should authorize contracting with Mr. Herzberg to help with the final draft. Councilmember Allen asked for a report on the recent City of Edmonds employees' blood drawing. Jim Adams responded that the drawing had been last Wednesday and 46 pints were donated. MOTION: COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, THAT A REQUEST BE PUT ,oj ON A FUTURE AGENDA FOR AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE INCORPORATING THE COUNCIL'S PHILOSOPHY THAT CAR WASHES ARE NOT AN APPROPRIATE USE IN THE BN ZONE. .Planning Director Mary Lou Block said that would first have to go to the Planning Advisory Board so a definite Council agenda date would not be established at this time. MOTION CARRIED. Councilmember Gould advised the Clerk that he would not be presen t for the August 4 and August 11, 1981 meetings. There was no further business to come before the Council, and the meeting adjourned to Executive Session at 10:40 p.m. EDMONDS CITY COUNCIL MEETING Page 4 - July 14, 1981 4) MEMO TO: FROM: SUBJECT: FILE COPY Harve H. Harrison Mayor Fred F. Herzberg Director of Public Works ALAN MORRIS SEWER PROBLEM February 3, 1981 Pk I received a copy of the letter to you from Wayne . Tanaka dated January 21, 1981 regarding the subject problem. There is no. evidence that the side sewers, from the Morris residence At 5.08 2nd Avenue North, nor his neighbor at 510 2nd Avenue North, are presenting problems. Therefore, I cannot recommend that those sever lines be replaced by an L.I.D. or any other method. (See attached drawing showing the directions of flow for the lines in ques- tion.) We have had some problems with blockages from roots in both our section and the private section of the sewer line serving the Duke property at 529 3rd Avenue North, the Mork property at 509 3rd Avenue North, and the residences at 431 3rd Avenue North and 427 3rd Avenue North. Our section could possibly be replaced and a pub- lic sewer line extended to the Duke property. If this extension is to be accomplished by an L.I.D., there would only be three (3) participants. Mr. Morris would not be included in the L.I.D., but we would need to acquire an easement through his property. Please let me know if you want me to proceed with an L.I.D. FRED F. HERZBERG JEA/j f Encl. (3) cc: Wayne Tanaka J.E. Adams dt arLch 1 1( dt M CITY of EDMONDS Civic Center - Edmonds, Washington 98020 - Telephone (206) 775-2525 RECEIV ED January 21, 1981 JAN 2 3 1981 Dir� 0,, r, ��: Mr. H. H. Harrison Mayor, City of Edmonds Edmonds Civic Center Edmonds, WA 98020 RE: Alan Morris Sever Problem Dear Harve; You have asked for our office's comments on Mr, Morris' problems with the side sewer which ruptured causing sewage toaurface on his property. After consulting with the City, Mr. Plorris was told that since this was on private property, the City could not stop in to do the work. He apparently was also told that the problem was with his side sewer. After having a private contractor repair the liner Mr. Morris discovered that the sewer did not belong to him but to his neighbor, Mr. Mork. Mr. Morris feels that the City should compensate him for the $863.43 that he spent on the sewer contractor. It appears that the true person who should be responsible for the bill is Mr. Morkr whose side sewer line ruptured causing the damages. However, rather than attempt to engage in a possibly fruitless determination of who was at fault here, I believe a more constructive solution would be to try to solve the long-range problems in the area. In other words, given the age of the side sewer lines in that area, and the fact that the public sewer does not extend all the way behind the Morris, Mork and Duke properties, it would seem that a possible solution would be to extend the public sewer through an LID process. The property owners would stillf of course, be responsible for connecting their side sewers to the public sower line. However, the long connec- tions that presently exist as private side sewers would be eliminated in favor of much shorter side sewer lines. In the process of setting up the assessment roll for the LID, appropriate consideration could be given to Mr. Morris for the benefits he has already conferred on this project. By carbon copy of this letter I am advising Fred Herzberg of my thoughts and would request that he respond to n_�_ H. H. Harrison January 21, 1981 Pago TWO you concerning the engineering feasibility of what I have suggested. Then if it appears that the engineering and such are feasible# you way wish to contact the property owners to determine whether or not this proposed solution is satisfactory. If you have any questions, please do not hesitate to contact me. Very truly yours,, OFFICE OF TIM CITY ATTORNEY Wayne D. Tanaka WDT/trs cc: Fred Herzberg CITY OF EDMONDS 200 DAYTON ST. EDMONDS, WASHINGTON 98020 - (206) 775:2525 DEPARTMENT OF PUBLIC WORKS November 20, 1980 Mr. James Murphy Ogden, Ogden and Murphy 1411 Fourth Avenue Building Suite 1015 Seattle, Washington 98101 HARVE H. H RISON, Dear Jim: SUBJECT: SEWER DISPUTE".(508 2ND�,AVENUE-NbRTH)-­�, Attached is a map showing the approximate location of side sewers and trunk lines in the vicinity of 508 2nd Avenue North. The original problem was a rupture in the line from the Duke property, which runs through the rear of the Morris property. Our records indicate that all the north -south lines behind 508 and 510 2nd Avenue North are private lines. I can find no records of when these lines were installed nor who installed them. The public sewer on the attached map is highlighted in yellow. If you have any further questions, please call me. Sincerely, E. ADAMS,.P.E.* yy Engineer JEA:jky . ­ 9 1 0 � ~~----~-`-- _ 00 P.17. FIP COPY' MEMO TO: FROM: SUBJECT: Harve H. Harrison Mayor I Fred F. Herzberg Director of Public Works September 11, 1980 CITIZEN COMPLAINT Alan 17. Morris .,508 '2nd Avenue North, Edmonds Enclosed is the letter from Mr. Morris and Jack Mit- chell's comments which include the facts of the case. I feel that the employees of the Utility Division and City Engineer's office went way out of their way to assist a -cit- izen in solving a problem that is totally a problem of that citi- zen and his neighbors. You mav recall our conversation of August 8,,1980 -uhere- in you directed -me to take action to correct the situation on pri- vate property where we had no jurisdiction. During that conversa- tion, -I remarked that by so doing.we could be incurring a liability - which Mr. Morris is now asking us to incur. This was recorded in my memo of August 8, 1980 enclosed. If we pay the bill to resolve a private problem, we may eventually be billed for every sewer blockage in the City occurring on private property. It is only a'small step from there to going around unplugging toilets and sink drains! You are aware of the financial status of the water/sewer fund. We cannot afford this bill or any others that may ensue. Again, I recommend we not consider paying this bill. I FRED F. HERZBERG FF11/j f Attachments (3) CC: Jack Mitchell FILE COPY CITY OF EDMONDS 200 DAYTON ST. - EDMONDS, WASHINGTON 98020 - (206) 775-2525 DEPARTMENT OF PUBLIC WORKS November 20, 1980 Mr. James Murphy Ogden, Ogden and Murphy 1411 Fourth Avenue Building Suite 1015 Seattle, Washington 98101 Dear Jim: HARVE H. HARRISON MAYOR SUBJECT: SEWER DISPUTE,,(508 2ND AVENUE.NORTH) Attached is a map showing the approximate location of side sewers and trunk lines in the vicinity of 508 2nd Avenue North. - The original problem was a rupture in the line from -the Duke property, which runs through the rear of the Morris -property. Our records indicate that all the north -south lines behind 508 and 510 2nd Avenue North are private lines. I can find no records of when these lines were installed nor who installed them. The public sewer on the attached map is highlighted in yellow. If you have any further questions, please call me. Sincerely, y�yEnE. ADAMS,.P.E� i I gineer JEA:jky� * -,. .— 0 0 00 00 September 10, 1980 MEMO TO: Fred Herzberg Director of Public Works FROM: John B. Mitchel 1 Water/Sewer Superintendent SUBJECT: CITIZEN COMPLAINT - 508 2nd Avenue North, Edmonds (Alan W.' Morris) I would like to present my viewpoint in regards to the letter received from Mr. Alan Morris at the above address. I do not feel that 1, or any 'employees within the City who handled the complaint, have shown an -injustice in any way to Mr. Morris. VFhen this matter began, we responded immediately and found that the sewage was backing up in his backyard and that it was Mr. Morris' problem. We did assure him, how�ver, that we would assist him in any way possible other than repairing the side sewer.. As outlined in his letter, I did assure him that it was definitely his problem. I forwarded a copy of the as -built drawing of his side sewer to him so that he would know the location of his service side sewer. It was my -feeling at the time that it was de- finitely his responsibility inasmuch as his side sewer was located inthe immediate area where the raw sewage was,coming to the surface. Mr. Morris did state that he and his son would do some digging. In Mr. Morris' letter, he states that 1 advised him a- gainst digging up the side sewer. This is incorre'ct! I suggested that it would be better to have a contractor do the job inasmuch as it could be very messy; however it was his prerogative to do as he pleased since it was on his private property. Shortly there- after he called me and asked me for the name of a reputable side sewer con,tractor. I did not make reference to any one contractor for side'sewer repairs. Therefore, I gave him the names of four contractors who have done business in the City, namely; Lynnwood Septic, Lynnwood Sewer, Bob Aklin, and Russ Johnson. I believe it was the following day that Mr. Morris called me back and said that he had called these contractors and the only one who would respond was Russ Johnson. I advised him that Russ Johnson was a licensed contractor who was doing work in the City, that he was reputable, and I suggested that he.have him do -the work. Russ Johnson, while making --the repairs, found that the sewage was seeping from another sewer -line of which Mr. Morris was not knowledgeable. Further, the City was not aware of this line. At that point, I researched all of the City records available for easements. I called the Memo to: Fred Herzberg From: Jack Mitchell Subject: Citizen Complaint Alan Morris Page -2- i county courthouse to find I out whether there were easements. Ap- parently there was only one easement and that was for the devel- operd this property. It was for granting an easement to himself only. After researching this, I advised Mr. Morris of my findings. At ihat point I again advi'sed him that this sewer line was on pri- vate property and not in the jurisdiction of the City of Edmonds. I personally spent much of the City's time over a period of two or three weeks attempting to resolve Mr. Morris' problem. I even went to the extent of verifying the materials that were used on this job I by Mr. Johnson as well as the prices charged which turned out . to be reasonable. I do not believe that the amount of time spent.by myself and other City personnel war- rants his letter stating, "convenient escapes from responsibility tossed around by Messrs..Adams, Ogle, and Mitchell". In the last sentence of the last paragraph, 111r. Morris states, "it is encouraging to know that at least one official of City government is willingito address a problem". I do not know what 11r.,11orris expects oflother employees involved in this matter as we spent -MANY, MANY hours trying to resolve his problem - - a problem that is on private property and wherein the City has no jurisdiction. Unless I am otherwise directed by my superiors, I consider this the private citizen's responsibility. JBM/j f JOHN B. MITCHELL �Y, MAWR— ft I LEGAL' DESCRIPTION FOR J. W. MORRISON., INC. Zo The North 80.00 feet measured from and perpendicular to the North boundary of the follow.ing described real estate, situated in the County of Sno'homish, S,tate of Washington: Part of Government Lot 2, Section 24 * , Township 27 North, Range 3 E.W.M..9 described as follows: Commencing at a point ­ on the westerly line of Third Avenue 854.90 feet North 2901810011 East as measured along the said Westerly line from the�Northwest corner of Third Avenue and Edmonds Street (said point -being the Northeast corner of Sun�et Add- ition to the City of Edmonds, as recorded in Volume 15 of Plats, page 41, records of Snoihomish County, Washington; thence North 89056'50" West for 125.39 feet to the true point of beginning; thence continue North 89056'50" West 125-52 feet, more or less to the Easterly margin of Second Avenue; thence along said margin North 3004814811 East for 188.00 feet; thence East 125.33 feet; thence South 30046'0011 West 187.87 feet to the true point of beginning; situated in the County of,Snohomish, State of Washington. EA 3 xAsEmia ter -AV .154d- 5�F 0., I Af r T P0 B P" 00 j The City of Edmonds APPLICATION for SIODE SEWERrp RMT NEW CONSTRUCTION REPAIRS \j I I I I ) OWNER ADDRESS ----- J;t ..V., / ....... r lVe q 7% LZEDMONDS PLA 14T TREATMENT PLANT E E SEMMNT N" ASEMENT No. co INURACTOR ... . ..... Y6 ll'i-c-zF ------ PERMIT No. ---------- ------ LEGAL DESCRIPTION: LOT No - --------------------------- ------------------ BLOCK No. ........................................... NAME OF ADDITION ......... t 2 lclv,!�, Ak Approved: DATE >�5 ------ - TESTED 6/19/80 - SEWER RUNS M/H #282 SHEET #8 RECENED MAY 1 &0 Memo to: Ron Whaley Assistant Public Works Director From: Leif R. Larson City Engineer Subject: Sewer Connection Charges Legal Description: The northi80.00 feet -.measured from and perpendicular to the north boundary of the following described real estate9 situated in the County of Snohomish,..State�of Washington: Part of Government Lot.2,, Sec 24,.Twn 27 N9 Ra ' nge 3 EWM9 described.as follows: Commencing at a point on the westerly line of Third Avenue 854.90.feet north-2991810011 ea'st as measured along the said westerly line from the northwest...c.orner of Third Avenue andEdmonds Street (said point being the Northeast corner.of Sunset Addition to the City of Edmonds, as recorded in Vol.15 of Plats, p - age 41, records of Snohomish County, Wash ; thence North 89056150" west for-125.39 feet to the true point of beginning; thenc*e continue north 8905615011 west 125.52 feet, more or less to the easterly margin of Second Avenue; thence along said margin north 30048148" east for 188400 feet; thence east 125.33 feet;�thence . sou . th 3604610011 west 187.87 feet to the tnue point of beginning; situated in the County of Snohomish Commonly known as: Lot F Owner: Z.F.F. Calculation: 104.12 104.12Z-F-F. x ( 5.50 ) = $ 572.66 Connection Fee I ) Unit x ($ 25.00) = $ 25.00 Trunk Charge lO,Q0__ Permit 607.66 �.r' A0 r7-e',e 7 11410 Ae'711c'JI TOTAL Januar y 14,1.. 4 45'- tv. F I l.e No.. 0 7 DESC-41PTIONS FOR: STEWART AND POTTER HOMES, INC. -PARCEL 'IF" That,pqrtlon of Government Lot 2 In Section 24, Towns hip-27 North-, Range -3 �Ustl WA*. , described as follows: Commencing at a point on the Westeriy, line - of Third Avenue, 854.90 feet N 29*18'E, as measured along the said westerly line from the'Northwast corner of Third Avenue and Edmonds Street (said point being the.,Nor+h64st corner of Sunset Addition to the City of Edmonds as recorded In VOIVMQ -15 df Plats, page 41, records of Snohomish County, Washington); th I e:n'ce :N e continue North �,6150uW, 125.52 feet, M/L, to the easterly margin of Second.Avenue; thence 8�90�615011W, 125.39 feet to the True Point of beginning; thenc al6nb saldmargin N 30948148"E, 94.85 feet; thence East, 125.42 feet to a point earInJ 14 30*461E, 94.77 feet from the True Point of Beginning; thence S 30*461W, 94.77 feet to the True Point of Beginning. TOGETHER WITH a permanent easement for the installati-on, operation and U W­' ­mal�t6nance of a sanitary sewer line over, under, across, through and upon the r Easterly 10-00 feet, as measured at right angles of the following described tratt. of land, to wit: That portion of Government Lot 2 In Section 24, Township 27.'North, Range 3 East, W.M., describud ar, follows: Beginning at "a point 829.82 feot.North and 522.35 feet East of 1/4 Sec. corner between Sectlons,23.,and 24, sa'Id township and range, which point Is on centerline of Third Avenue In City of Edmo'nds, 563.9 feet S 29*181W of Its intersection with centerline'of pavement:oh North line of City of Edmonds as said North line existed on Februar".9, 1944; thence S 290181W, 172.02 feet; thence West, 34.41 feet to westerly margin of Third Avenue; thence West, 120 feet to the True Point of Beginning; thence con- tinue West, 125.33 feet MIL to the easterly margin of Second Avenue; thencealong .!said margin S 3U*48148"W, 93.15 feet; thence Last 125.42 feet to a point S 300461W .93.10 feet from the True Point of 8eginning- thence N 300461E, In a straight line, ­93.10 feet to the True Point of 8eginning. Situated in Snohomish Count-',,. Waslh:ln-qton�. CHECK LIST OF ENGINEERING REQLOMENTS N ame Morrison . J 9 W * * Inc e Date /7 0 FOR SUBDIVISIONS' STREETS AND ACCESS/ 1. Right-of-way Requirements and Dedication: lions Required 2. Turn Around: None Required 3. Access Easements: - None Required UTILITIES AND EASEMENTS 1. Water Mains: None Required File No. S-10-70 2. Utility Easements: A 101 sanitary sewer easement is -required across the rear of the North Lot for connection of the South Lot. Submittal of a certified true copy of the recorded easement is required within 90 days. 3.. Sewers or Septic Tanks: Sewers are available 4. Drainage: Install all necessary storm sewers and drainage facilities per drai . nage plan. ' Where drainage is across adjacent private property, all parties having any ownership interest in the lands being platted shall provide, as a restriction on the plat running with the land, that the City of Edmonds shall be held harmless from any and all claims for damages which may be occasioned to adjacent land by reason of the construction and operation of,the drainage system, unless, releases of damages and/or drainage easements are obtained from the other property owners affected by said drainage. Any drainage problems created by change of contour during plat development must be corrected prior to plat approval or release of plat bond. Final approval of plat (or release of plat bond) will be withheld until actual drainage as installed has been inspected by the City Engineer. GENERAL NOTES I V_ '� r::" LE17 City Engineer -7- AV 013 z/ , jA C I T Y 0 f E D 0, N D S P U B C -0 R V\ s -D E P A R T-M E N T I E R DEPARTINENT DAILY VEHICLE OPK REPORT ,PEPORT OF UNIT NUMBER: �DATE: lWlEATHER: JOBADDRESS TIME OUT TRUCK USED 1-11 LEArE EYPLOYEES NA'r'E WORK OP.D�R NUMBER EQUTP!,-ENT USED MATERIAL USED DESCRIPTION'OF WORK AND REMARKS C, v 0 00 90.- August 8, 1980 91�'N MEP40'TO: Harve H. Harrison Mayor FROM: Fred F..Herzberl 9 P/4 1, Director of Public Works SUBJECT SEVIER CONNECTION AT 509 SECOND NORTH Confirming our phone conversation at Noon on August 8,1980, you directed the utility crews to enter upon private property to re- connect'a side sewer at 509 Second North that had been disconnected by Russ Johnson. I expre-ssed my great reluctance to correct the mistake of a private contrActor and'also set a�precendent for City crews working on private -property. You indicated that you had re- ceived verbal permission. -from the property owner and that you would take full responsibility for any effects of your directive. I am putting -this in writing because I am deeply concern- ed about the precedent and liability risk we are establishing. I request your concurrence with my notes on our conversation. Ile are proceeding this afternoon as you directed. We will send a bill for our services to Russ Johns�n. Please concur, 11arve. FFH/jf 00 9 9­ 508 Second Avenue North Edmonds, WA 98020 September 2, 1980 RECEIVED S F P 4. 1980 Mr. U; Pubiic Mayor Hary Harrison J, r, City of Edmonds Civic Center C11 Edmonds, WA 98020 Dear Mayor Harrison. - This letter is written in1complaint to what I sincerely feel is an injustice to me as a property owner and citizen of the city of Edmonds. The matter began when I noticed what appeared to be sewage surfacing near the rear of my properlty, located at 508 Second Avenue North, Edmonds. An inquiry was made to the city water and sewage department. An employee of the department, named John, said he would come out and look at the problem and call back to tell me of his findings. His determination was that it was a problem with my side sewer. He was puzzled that we were experiencing no problem with our sewage, but nevertheless assured me it was definitely my problem. I Further contact with the water department was with Jack Mitchell, who also assured me that the problem was mine, and who provided me with a diagram as to where my side sewer was located per the contractors per- mit obtained at the time of installation. The location of the side sewer on the diagram and the eruption of sewage o'n my property did not coincide; however, I was assured the...problem was with my side sewer. I inquired as to what would need to be done to correct the problem and was advised by Jack Mitchell that the City did not do work of this nature on private property, and that I should contact a private con- tractor. I told Jack Mitchell that my son and I would do some of the digging, but he advised me against that, indicating that the pipe was four to four and a half feet deep, and that I should let a contractor do the job. I asked Mr. Mitchell for the name of a reputable contractor since I knew of no one in�the area. lie said that the City had done some business with Russ Johnson Sewer Contractors and suggested that I call him. On June 16, 1980, 1 telephoned Russ Johnson's office from my work and informed the lady who answered,that I had a sewage problem in the back yard and requested assistance in repairing the problem. Later in the morning, I As contacted,,..at.my work by Russ Johnson, who, in..addition to telling me about the repairs he had made, advised me that the problem had nothing to do with my side sewer. He said he had tried to determine just who was on the line but could not for certain. Mayor Hary Harrison Page 2 September 2, 1980 lie said that while the problem had nothi.ng to do with my P(0,4,�, if . 9 he would send me the bill because I had called him. He dvise iei% to give the bill to the property owners served by the li e,.as t � `K� is the proper procedure in these matters. In short —their sewer; their bill. Now the fun really began.j In contacting the City to determine who was actually served by the line, I found that there are no records showina that information. was �,old there were no easements to the city for the line, and that it appeared I was "stuck" with the bill unless I could get the people serv6d by the line to pay. The City aqreed to do some dye testing of residences in the area to determine 'who was on the line. The end result of that was that the house owned by Alan Mork, at 509 Third Avenue North, was said to be the only one on the line. When I presented Mr. Mork with the bill, he refused to pay'it. Since his side sewer connected to the line at the corner of my property, he obtained a permit from the City, via Larry Ogle, and hooked up on his neighbors property, which,is to the south. Since the repairs made by Russ Johnson and the side sewer hook-up by Alan Mork, others in the area have experienced some sewer problems which have since been corrected. You are familiar with the problems of Mary Duke. Mr. Harrison, the point of all this is that in reporting the sewer leak to the City of Edmonds and acting on the advice given by the water department, I am holding a repair bill in the amount of $863.46 for repairs to a sewer line that has nothing whatsoever to do with my property. I I am enclosing the sewer bill and request that the City of Edmonds pay the bill, then make a determination as to what properties are actually serviced by the sewer line in question and bill the property owners accordingly for the repairsmade to the line. I sincerely feel that thelcity is responsible for the proper flow -of sewage from the residences located within the city limits, regardless of the lack of easements of record and all the other convenient escapes-, from responsibility tossed around by Messrs. Adams, Ogle, and Mitchell. As a property owner and taxpayer of the City, I should not have to pay $863.46 for the inconvenience of having someone elses sewaqe flow into my back yard. Mayor Hary Harrison Page 3 September 2, 1980 Thank you for your attention to this matter, It is encouraging to know that at least one official of city government is willing to address a problem. Sincerely, Alan W. Morris 0. 0 Pk CITY OF EDMONDS IR FOR INSPECTION CALA 'f PUBLIC WORKS DEPARTMENT Permit N? 660J SIDE SEWER PERMIT 775-2525 Ext. 220 Issue Date PERMIT MUST BE POSTED ON JOB SITE 1. Address of Construction 42 An 2. Property Legal Description (include all, easements) 3. Single Family Residence L,--' -Multi-Family,--. No. of Units Commercial 4. Owner and/or Builder 5. Contractor & License No. 6. Invasion into City Right-of-Vay: way Construction Permit Required excavation). No Yes (If Yes Right -of- - Call Dial Dig (342-5344) before 7. Cross other private property: Yes No Easement required - attach legal description and county easement number. READ THE FOLLOWING AND SIGN: a. Property owners must obta 4 `----p'er t t7�_o��- ��F�'tall side sewers on in af mi j--n & their property. A licensed side sewer contractor must be employed to construct side sewers in the public' right-of-way. . b. The side sewer contractor assumes full reponsibility for each installation for one year. C. Commercial establishment requires a minimum of a six inch (6") side sewer line. d. Side sewers may not be installed closer than thirty inches (30") to any structure. e. Side sewer lines must be laid at a minimum grade of 2% (1.150) and maximum grade of 100% (450). 0 f. No turn in side s8wer greater than 45 (1/81bend) is 0 allowed between cleanout. All 90 turns must be constructed of a 45 (1/8 bend) and wye with removable cap. g. No down spouts, footing drains or floor drains can be connected to side sewer system. h,. Pea gravel is required for bedding when installing sewer lines through other than granular soil. i. Cleanouts are required at 30'1-60" from each plumbing exit line and at minimum intervals of 1001 along sewer line run. j. Trenches within City right-of-way must be restored to original conditions. Contractors shall be responsible for right-of-way failure due to poor compaction of fill. k.. Side sewer must be left uncov il pected and approved by the City. 1. Ins ct'o during normal,4w rk g hou 0 (2) working _,7 - r days notic req 0-11 DATE: t7 JhOy;e c ti y a I ave read an all ly With the above PERMIT FEE: I n - CONNECTION FEE: DISAPPROVED BY: Date: By: -Date: APPROVED By: Date: PEP141T MU$T_BE POSTED ON JOB SITE RUSS J040H PLUMBING & SES*ONSTRUCTION 16009 N. Meadowdale Road EDMONDS, WASHINGTON 98020 Phone 743-0993 INVOICE NO. 617-3 Sold To Alan W. Morris 508 2nd Ave No. DATE June 17, 1940 Edmonds 98020 JOB ADDRESS same Labor & material 820.00 SSTx 43.46 $ 863.46 Thank You �A� RUSS JVNION PLUMBING & SESIVICONSTRUCTION 16009 N. Meadowdale Road EDMONDS, WASHINGTON 98020 Phone 743-0993 / ............................................... Wash. Date. .................................. ........ 9. X3 Agreement. Made and entered into by and between: I tv t'd o 1�, "C' IS C.1 ­ ­*­­\ . .... ........................................................ ...... ....... (Name) (Mailing Address) (Phone) 7 (hereinafter termed the.owncrs), and Russ Johnson Plumbing & Sewer Construction. Contractor does hereby offer to construct by machine or otherwise when practical 2 side sewer to serve the following described property: StreetAddress .................... ........................................... .. ...... . ........................................................ T LC Same being.dcscribed is Lot .................... Block ................................................ FIL' ......... ............... addition. Contractor hereby covenants and agrees to do and perform said work in 2 workmanlike manner and to the satisfaction of the proper officials. 6, ,7 r ".j Material & Labor ........................................ 7 (4, Sales Tax $ ........................................ vA�w. -7 7, 0 0 Sub Total .......... ....................... V. /4 100 P ermit ...... ...... ........................................ V 7 F; Total............ ........................................ r ;e 1v �7 Paid Down ......... $ ........................................ -0/3 lie /4- Balance Due ........ $ ............................ Ca And for and in consideration of the foregoing covenants and agreements on the part of said contractor to be kept and performed, said owner hereby covenants, promises and agrees to pay said contractor for Said work, when Said work is com- pleted and accepted by the proper officials, the agreed price as stated in this contract. 0 A —From the existing wye in the sewer system to and connected with the Owner's plumbing outsid e the building, according to specifications. 0 B—From the Owner's property line to and connected with the plumbing outside the building, according to specifications. 0 'Without lawn replacement With lawn replacement Machine backfill only 0 Handwork. The contractor shall not be required to pump, sterilize, fill, break through or do any other act relative to any existing septic tank, cesspool or their appurtenances, unless otherwise stated in writing herein, and in the event such acts become necessary, owners agree to cause prompt performance of such acts at their own expense or in the alternative, contractors failure to complete the job due to such conditions shall not constitute a failure of consideration of this agreement and the owners shall remain bound to pay the contracted sum. 1, the undersigned, do hereby declare that I am the owner of the above described premises and that I do hereby accept the above proposal and authorize the RUSS JOHNSON PLUMBING SEWER CONSTRUCTION performance of said work. ................................................. ............ r ............................................................................................... .................... ...................................................................... (t%f9re D-4ileif CondHic"t �-?,l Wo,k Agreed Tm n" fhe Reverie .5,;de) toFILE COPY August 8, 1980 MEMO'TO: Harve H. Harrison Mayor FROM: Fred F. Herzberg Director of Public Work SUBJECT: SEVIER CONNECTION AT 50 SECOND NORTH J." Confirming our phone conversation at Noon on August 8,1980, you directed the utility crews to enter upon private propertV to re- connect'a side sewer at 509 Second North that had been disconnected by Russ Johnson. I expressed my great reluctance to correct the mistake of a private contractor and also set a precendent for City crews working on private property. You indicated that you had re- ceived verbal permission from the property owner and that you would take full responsibility for any.effects of your directive. I I am putting -this in writing because I am deeply concern- ed about the precedent and liability risk we are establishing. I request your concurrence with my notes on our conversation. We are proceeding this afternoon as you directed. We will send a bill for our services to Russ Johnson. Please concur, Harve. FFH/j f FRED F. HERZBERG F1 COTY OF EDMOP408 200 DAYTON ST. - EDMONDS, WASHINGTON 98020 - (206) 775-2525 DEPARTMENT OF PUBLIC WORKS August 20, 1981 HARVE H. HARRISON MAYOR Mr. Allan Morris-- 508 2nd Ave North Edmonds, WA 98020 SPA Dear Mr. Morris: -SUBJECT�: UTILITY EASEMENT The City agreed to reimburse your eXDense of tHe sewer repair' in your back yard for a utiiity easement. Please send a copy of the legal description of your property so that I can prepare the required documents. JEA: ge s cc, Finance Director Q� e. lei MARCH I DT Sincerely, (� E ADX�S� CJNtyS�En�i�n I 00 #VWNO CA St- MON. Jil Ex1sr WsAmlwy. srireR 024, SL rr Wes 54" j IZ5 35" $,A RY scwER'kAsEArENr 4� wEsr (0 I.Pser 125-42' Al. J. i25.52' sfr 8905.6'.50"C A I C, I- 4S 4) 7CAAIlrA CITY OF EDMONDS - SIDE SEWER PERMIT WATER -SEWER DEPARTMENT PERMIT Call 7.76-1107 for side sewer inspections BEFORE covering any portion of the construction.N Inspection will be Provided within 24 hours after request. NO Sat., Sun., or holiday inspections.1 ADDRESS LOCATION OF CONSTRUCTION ...................... ................................................................................................ m .............................................. PROPERTY LEGAL DESCRIPTION .......... ................... ------------------------- j - --- ------- .1 ....................... ........... ... .... ... .............................................. ...................... . .......................... . ...................... . ................ *,*-* ----------------------------- * ------ ­­­­ ------------------------- * ------------- I ------------------------------------- -------------------------------- I I _ 7, 1 , �,, j;�,: & ---------------------------------------------------------------- OWNER AND/OR BUILDER . I- POTM� ................ t ........................................................... ....................................................... CONTRACTOWS NAME & ADDRESS.-,' 11:�g CL Se- F _2221 - 85z"-! Pi-_ic, . . ... ............................. !_�! ....... ................................................... e .......... ........................................................ Pertnission Is granted ----------------- " eM 4 ------- iii�o --- .. .................. 19 .... .7_)_ for repair and/or connection of a side sewer to the city sanitary sewer ';;em in accordance with City of nds ordinances. 7FNTION IS CALT D TO THE FOLLOWING: �19 No. I —The owners of the property may obtain a permit to construct sewer inside property line. A licensed Side Sewer Contractor must be employed to construct side sewer in street area. Do not cover any portion of sewer before it has been inspected. NOTE No. 2—All work performed in city right-of-way requires an Invasion of Right -of -Way Permit obtainable from the City Engineer's office. NOTE No. 3—Obtain full information regarding Ordinance 11.16.030 and Regulations governing side sewers when you get permit, NOTE No. 4—Top of side sewer must have at least 30 inches coverage at property line and 12 inches inside property line; minimum grade of 2%. No bends in grade sharper than % will be permitted. NOTE No. 5--Trenches in street must be water settled and surface of street restored to original condition. Contractors shall be responsible for failure due to improper work which may develop within one year of completion. NOTE No. 6—It is unlawful to alter or do any other work than is provided for in the permit, or to do any work on the main sewer or its appurtenances except to in- Eert,the pipe into the wye. DISAPPROVED E] Date., - ---------- * ------------------------ By ----- ........ ­ D� ....................... I__ BX ------ Date ............... . ........ .... By ................ APPROVED Date ... > 2 By. 9F _`7 ---- ------------ ................................................................. Remarks: .............................................................................................................. .............................................................................................................................................. BOTH Permit Copies MUST Be Signed By Owner of Firm Performing Construction PRIOR To Request For Inspection - ------ hereby certify that the side sewer installation constructed under this permit __( V't�;�_ -o-i �&n_;,acting Firm Performing Construction) 7---q installed in accordance with all governing ordinances of the City of Edmonds. Dated this ......... 6 --------------- day of ...... /.fg.)r ............................................ 1971.. V V Check BEFORE you dig for: Water E], Gas E], Telephone E], Power E], Sewer 0, Other Cj / V a. FILE COPY Al i U T I L I T Y, E A S E. M' E � T 7 IN CONSIDERATION of benefits to accrue to the,grantors herein, the undersigned, ALAN W. MORRIS and JOYCE'A. MORRIS, his wife--".. hereby grant to the CITY OF EDMONDS, a Mun-icipal Corporation, a perman ' ent easement for the installation, operation and maintenance of Utilities over, across, through and below the following described property, and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction and maintenance of said utility or utilities, together with the right of access to the easement at'any time for the'stated purposes. The easement and right-of-way hereby granted is located in the County of Snohomish, State of Washington, and is more particularly described as follows: A 10 ft. wide basement, when measured perpendicular to the easterly boundary of the following described property, is conveyed to the City of Edmonds for utilities. Part of Government Lot 2, Section 24, Township 27 North, Range 3 East, W.M., described as follows: Commencing at a point on the Westerly line of Third -Avenue, 854.90 feet North 2901810011 East as measured along the said Westerly line from the Northwesterly corner of Third Avenue and Edmonds Street, (said point.being the Northeast corner of Sunset Addition to the City of Edmonds as recorded in Volume 15 of Plats, page 41,.records of Snohomish County, Washington); thence North 89056'50" West for 125.52 feet to the true point of beginning; thence continuing North 89056150" West for 125.52 feet, more or less, -to the Easterly margin of Second Avenue; thence along said margin North 30048148" East for 188.00 feet; thence East 1.25.33 feet; thence South,3004610011 for 187.87 feet to the true point of beginning; EXCEPT'the North 80,00 feet thereof; Situate in Snohomish County, 'Washington The CITY agrees to restore to substantially the original condition such improvements as are disturbed during the construction, maintenance and repair of said utility or utilities; provided, the grantors, their heirs or assigns'shall not construct any permanent structures over, upon or within the permanent easement. DATED This day of .. 19 STATE OF WASHINGTON) )ss COUNTY OF SNOHOMISH On this day personnally appeared before me ALAN W. MORRIS and JOYCE A. MORRIS, his wife, to me known to be the individual (.-s) described in and who executed the within and foregoing instrument, and acknowledged that ALAN W. MORRIS signed the same'as 'JOYCE A. MORRIS his wife, free and voluntary act and deed, for the uses and purposes ther6in:mentioned. 4RD�AARCH' DT. NOTARY PUBLIC in and for the' State of Washington,. residing at JIM ADAMS DT.� STREET FILE -Ar U T I L I T Y E A S E M E N1 1'�04 IN CONSIDERATION of benefits to accrue to the grantors herein_,��e_ �,,jq the undersigned, ALAN W. MORRIS and JOYCE A. MORRIS, his wife, hereby grant to the CITY OF EDMONDS, a Municipal Corporation, a permanent easement for the installation, operation and maintenance of Utilities over, across, through and below the following described property, and the further right to remove -trees, bushes, undergrowth and ot-her obstructions interfering with the location, construction and maintenance of said utility or utilities, together with the right of access to the easement at any time for the stated purposes.. The easement and right"of-way hereby granted is located in the County of Snohomish, State of Washington,,and is more particularly described as follows: A.10 ft. wide easement, when measured perpendicular to the easterly boundary of the following described property, is conveyed to the City of Edmonds for utilities. Part of Government Lot 2, Section 24, Township 27 North, Range 3 East, W.M., described as follows: Commencing -at a point on the Westerly line of Third Avenue, 854.90 feet North 29018.100" East as measured along the said Westerly line from the Northwesterly corner of Third Avenue and Edmonds Street (said point being the Northeast corner of Sunset Addition to the City of Edmonds as recorded ' in Volume 15 of Plats, page 41, records of Snohomish County, Washington); thence North 89056'50" West for 125.52 feet to the true point of beginning; thence continuing North 89056150" West for 125.52 feet, more or less, to the Easterly margin of Second Avenue; thence along said margin North 30048148" East for 188.00 feet; thence East 125.33 feet; thence South 30046100" for 187.87 feet to the true point of beginning; EXCEPT the North 80.00 feet thereof; Situate in Snohomish County, Washington The CITY agrees to restore to substantially the original condition such improvements as are disturbed during the construction, maintenance and repair of said'utility or utilities; provided, the grantors, their heirs or assigns shall not construct any permanent structures over, upon or within the permanent easement. DATED This day of 19 STATE OF WASHINGTON) )ss COUNTY OF SNOHOMISH On this day personnally appeared before me ALAN W. MORRIS and JOYCE A. MORRIS, his wife, to me known to be the individual (s) described in and who executed the wi.thin and foregoing instrument, and acknowledged that ALAN W. MORRIS signed the same as JOYCE A. MORRIS his wife, free and voluntary act and deed, for the uses and purposes therein.mentioned. 7: NOTAY PUBLI-CAn and for the State f W hington,. residing at � _0__'7e