19810804 City Council Minutes298
August 4, 1981
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The regular meeting of the Edmonds.Ci,ty Council was called to order at 7:30 p.m. by Mayor Harve
Harrison in the- Counci 1. Chambers 'of the 'Edmonds.'Cf0c 'Center. All present joined in the flag
salute.
PRESENT
Harve Harrison, Mayor
Larry Naughten
Mary Goetz
Jo -Anne Jaech
John Nordquist
Katherine Allen
Bill Kasper
CONSENT AGENDA
ABSENT
STAFF PRESENT
Ray Gould Jim Adams, City Engineer
Mary Lou Block, Planning Director
Duane Bowman, Asst. City Planner
Marlo Foster, Police Chief
Jack Weinz, Fire Chief
Art Housler, Finance Director
Wayne Tanaka, City Attorney
Jackie Parrett, Deputy City Clerk
Items (D) and (H) were 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:
(A) Roll call.
(B) Approval of Minutes of -July 28, 1981.
(C) Acknowledgment of receipt of Claim for Damages from Lona Grimes in the amount of
$3,000+.
(E) Award of ,bid on Dayton St.' construction contract.to Aldrich and Associates, Inc., for
base bid of $37,012.36-and Bid Alternate*l for $600.00, plus Washington State sales
tax.
(F) Adoption of Ordinance 2221, increasing salaries..for,three City Council positions
whose terms commence?in January 1982.
(G) Adoption of Ordinance 2222, setting salary for;Mayor retroactive to January 1, 1981.
(I) Authorization for Mayor to execute 1981 $150,000 block grant agreement.
(J) Setting date of September 1, 1981 for presentation.of.proposed 1982-1984 block grant
projects.
(K) Setting date of September 15, 1981 for hearing of Lake Ballinger annexation.
PROPOSED ORDINANCE 2220 SETTING;FORTH•RE UIREMENTS FOVALARM..SYSTEMS IN CERTAIN BUILDINGS [Item
D on Consent Agenda
Councilmember Nordquist asked if this ordinance was for new.construction or existing buildings
and whether it was for commercial and apartment.buildings.: .Fire Chief Jack Weinz responded
that it was for all, with a completion date of July 1, 1982.. COUNCILMEMBER NORDQUIST THEN
MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO APPROVE ITEM (D) ON.THE CONSENT AGENDA. MOTION CARRIED.
AUTHORIZATION FOR MAYOR TO EXECUTE EASEMENT USE AGREEMENT..WITH MR..AND MRS. JAMES A. SMITH
Item (H) on Consent Agenda
Councilmember Nordquist said he could not determine from the agreement where the property is
located, and Planning Director Mary Lou Block said it is off of Olympic View Dr. and the easement
is in conjunction with a building permit. Councilmember Nordquist observed that a vicinity map
would have been helpful. COUNCILMEMBER NORDQUIST THEN MOVED, SECONDED BY COUNCILMEMBER KASPER,
TO APPROVE ITEM (H) ON THE CONSENT AGENDA. MOTION CARRIED.
AUDIENCE
Kirk Ayers and Joe Guerre'tte, representing the South County..Wildebeest Soccer Team which recently
went on tour to Germany, and which had been given a plaque by the City of Edmonds to commemorate
their participation in this tour., presented some souvenir gifts to the City including an
original drawing of Waldbronn, Germany, which that city had sent to Edmonds. The soccer team
consisted of youngsters from Edmonds,'Mountlake Terrace,.Lynnwood,.and Brier. They were thanked
for their gifts and were told the City of Edmonds would correspond.wfth the City of Waldbronn,
Germany, to thank them.
HEARING ON..PRELIMINARY PLAT - BONE/EWING (P-1-81)
The Hearing Examiner originally -`recommended denial of this proposed subdivision but new informa-
tion was provided at a reconsideration hearing after which he recommended approval, subject to
fourteen conditions listed in his report. The conditions.mostly were relative to the steep
slopeson the site and the erosion potential. In addition to his stated conditions, the Staff
felt there should be two.additiona.l..requirements. Assistant City Planner Duane Bowman noted
that there -is. a l arge power. pal e. l o.cated. on the east side, of the. ri ght-of-way of 88th W. and
that Maurice Tugby; the property owner directly across from it, has had problems with people
coming down the hill in icy conditions and crashing into.his garage. The power pole will be
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relocated and Mr. Tugby..was.-concerned that if it is.relocated in front of his house it will
cause an additional hazard:.so it.shou1d'be'-relocated•.to the east towards 86th W. The second
requirement, to which the:appl:icants had agreed, was.that the rockery supporting.Mr. Tugby's
driveway.not be touched, and -that -all development be to..the east. The hearing was oPened.
Jurgen Sauerland of Lovell-Sauerland & Associates, representing the applicants, said they
concurred -with the recommendations of the Hearing. Examiner, as well as the two additional
requirements stated by the Planning Staff.
Bob Gustafson, owner of Lot-9 across Olympic View Dr. from Lot 5 of the proposed plat, said he
concurred with the Hearing Examiner's recent findings, and that there could even be some benefits
to him as a small Sound view may be opened to him. He.did not see that there would be any
.detrimental effects to the community. He had questi.oned.the heights of the buildings at the
Hearing Examiner meeting and:.he said it.did not appear that any of them would be above Olympic
View Dr. so no views would.be obstructed. No one else wished to speak, and the hearing was closed.
Mr..Bowman explained that the power pole will have.to be relocated for the development but that
location would be up to the applicant and the PUD.. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY
COUNCILMEMBER ALLEN, TO APPROVE'P-1-81 WITH. THE RECOMMENDATIONS STATED BY THE HEARING EXAMINER AND
THE TWO ADDITIONAL REQUIREMENTS STATED BY THE PLANNING STAFF RELATING TO THE POWER POLE AND ROCKERY
OF MAURICE TUGBY. MOTION CARRIED.
NEARING. ON PRELIMINARY PRO. -'PETER BILDER (PRD-2-81)
Assistant City Planner Duane Bowman. displayed the.s.i.te plan, noting that access will be by way of
Meadowdale Beach Rd. and that there will be no access from 74th Ave. The site is comprised of 8.37
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acres of land located at.7302 Meadowdale Beach Rd...The Hearing Examiner had recommended approval,
subject to six conditions.stated in his report. His conditions required compliance with engineering
requirements attached and an erosion control plan with.emphasis on the types of soils and the terrain
and sl.opes.on the property. All homes are to be designed to minimize disruptionof the steep slope
areas and to meet the qual'it'ies of their respective -lots. He required that the .applicant comply .
with all recommendations,.of the soil geologist's outline. Further, that the applicant submit plans
for a trail that will be located on the portion of.the:property that fronts Meadowdale Beach Rd. He
stated that if the property for the trail is dedicated to the City.the City would maintain it, but
if it is kept in the applicant's name the applicant would maintain it. It is to meet City standards.
Following submission of his recommendations, the Staff submitted, a motion for reconsideration of
Findings 5 and 6 having to do with:the .trail because they were in conflict with Chapter 18.90 of the
.Community -Development Code, which sets forth responsibility.for maintenance of -sidewalks. Mr.
Bowman read from Section C,. which states the City's.responsibility.,
The Hearing.Examiner then revised his recommendation.Ao conform with that sect ion of the Code. The
applicant had agreed to providing the trail after residents of the area expressed concerns for
pedestrian safety. He wi;l l..ded.i Cate property along .the frontage of the s.i to for future right-of-way
and the trail may be partially within the dedication and partially on his property. Councilmember
Nordquist-referred to the recommendations of the soils.geologist and asked how.the requirements
'would be enforced. Mr. Bowman responded that the Council.could require the presence of the soils
geologist on the site at.the..time of grading, or the;Building Official may require it. Questions
were asked about future -improvement of Meadowdale.Beach.Rd. and it was stated that it is on the
City's six -year road.plan but --it does :not appear funds will be available to develop it for a number
of years. Councilmember Kasper suggested a no protest.clause.for future improvements. The hearing
was opened.
Maureen Wyatt, 7062 Meadowdale Beach Rd., expressed -.concern for the children on Meadowdale Beach Rd.
She said there is no'foot path and no way they can walk or ride their bicycles,.and.there are ditches
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on either side. She felt this plat would only bring in more motorists.
Pat Farmer, 7035 Meadowdale�Beach Rd., also was concerned for pedestrians on Meadowdale Beach Rd.
She thought the drawing displayed of the plat was deceiving as to the road. She said the road is
blind in areas. She had a letter signed by residents of -.the area asking that the path be continued
along the road. She said.it was_not only this development,,but others in the area, that were adding
to the traffic. Her dog had -been killed by a car last week, but the driver was not speeding, he
just could not.see the dog 'because of the curve of the road. She thought the path should be along
the entire road,.not just along.this plat. She had.written:a letter to the Hearing Examiner but
said he had replied that he did'not understand her.in.tent and asked for a.clarifi.cati'on but she said
he did not allow enough time for a response.
'Paul Forsander, architect.with Whitely, Jacobson &..Associates, representing the applicant, said the
�appli'cant is very concerned about the neighbors and.lives:immediately next to Phase II, and he
intends to remain there so:he wants this to be the..best_project possible. He wants to preserve the
natural -features of the site and the privacy of the,nei,ghbor.s, and he had directed.the'architects to
follow the Community Development Code to the letter.. Mr. Forsander said they.had.agreed to put in
the path at the Hearing -Examiner hearing, and they.were:.wil:ling'to.work with the neighbors for an
LID to do the,whole length of Meadowdale Beach Rd.. He then gave a slide presentation to describe
the project in detail. He sa.id.the developer has retained a soils geologist to be available during
construction. He stated that traffic from.this project would not adversely impact.:Meadowdale Beach
Rd., being computed at 10 vehicle trips per day per unit, fora total of 180. Mr. Forsander thought
that what was really needed was -a trail on either side of the'road., because people will not go
across the street to use the trail. He said the pathway they construct will conform to City standards,
and although they would.prefer:that`it be-a.natural type.of path they would asphalt.it if that was
what the City required. He also noted that the.soils.•geologist's recommendation was that he be
involved in the.excavations--and.the design of each.foundation,...so the requirement mentioned earlier
that he be present would be addressed. He will be involved in.the foundation plans and installation.
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In answer to a question, Mr. Forsander said the Fire Department had, not expressed any concern for
additional:access from 74th,.and:.he said the .steepness makes that almost .impossible. He noted .that
there will be no parking allowed'..om the road so there should be no obstruction to the emergency
vehicles. The maximum grade will, be 10%. No one else wished to speak, and the hearing was closed.
Councilmember Allen suggested that the people who live in that area buy culvert for the City to
install in ditches and that would forma walkway. She said.this had been done at the Chase Lake
School. City Engineer Jim Adams said it:had been the policy of the City to make such -installations.
to the best of their ability, but if it becomes a major,problem it could exceed the City's legal
limitation. He also noted that this area will be affectedby the Meadowdale sewer LID and drainage
improvements. Councilmember Kasper added that the open stream may be necessary to the environment.
He asked further about other alternatives for fire protection access, and Mr. Bowman responded that
the grade is too -great -there to provide other access. COUNCILMEMBER.ALLEN MOVED TO ACCEPT THE
RECOMMENDATIONS -OF THE HEARING EXAMINER AND THE PLANNING DEPARTMENT IN REGARD TO PRD-2-81 AND, IN
ADDITION, THAT COMPLIANCE WITH THE SOILS REQUIREMENTS BE.BASED ON.EXHIBIT 20 AND THAT IT BE MONI-
TORED BY THE.CITY BUT THAT THE APPLICANT -RETAIN HIS GEOLOGIST .TO SEE THAT THERE IS.CONFORMANCE WITH
THE GEOLOGIST'S STUDY. COUNCILMEMBER NORDQUIST SECONDED THE MOTION FOR DISCUSSION. He thought a no
protest clause. -should be included for:`future improvement..of Meadowdale Beach Rd. COUNCILMEMBER
NORDQUIST MOVED TO AMEND THE MOTION, SECONDED BY COUNCILMEMBER.JAECH, TO REQUIRE THAT'A NO PROTEST
CLAUSE BE ADDED FOR THE -FUTURE IMPROVEMENT'OF MEADOWDALE BEACH RD. AND THAT THE NECESSARY LEGAL
DOCUMENT BE DRAFTED. THE MOTION TO AMEND'CARRIED.. THE. MAIN MOTION,.AS AMENDED, THEN CARRIED.
Councilmember Allen again suggested that the City work with the property owners in that area on the
possibility of a culvert to create a walkway,
HEARING.ON PROPOSED VACATION.OF'A PORTION OF ALLEY LOCATED BETWEEN 8TH AND 9TH AVE. N..AND SPRAGUE
AND EDMONDS ST. ST-1-81
Assistant City Planner Duane Bowman.l.ocated this proposal.on a vicinity map and showed slides of the
area, noting that the topography is extremely steep so the usefulness of the property is limited.
The Hearing Examiner had recommended approval of the proposal, subject to conditions that the City
Council determine the compensation for the vacation of this right-of-way, that a 5' pedestrian
easement be retained over the property with the Engineering Division and the applicants making the
final decision as to the locatiow of the easement, and that the pedestrian easement be recorded.
Councilmember Allen commented thatIthis.is a very steep area, and she wondered if it would be too
steep for a driveway. Mr. Bowman said one of the petitioners is proposing to construct a home on
his property which will take some special design work and access into the site, but his designer
feels he can get in with a 20%.grade,.and,special piling will be used on the foundation of the
house. It was noted that approval of this vacation would 'not approve the access, but would only
indicate that the City no-longer'lwill'use the right-of-way... The hearing was opened.
Kevin Hanchett., 1140 Sierra P1.•,.said the alleyway would.only change the setback of the house and
the access will"not be paved down'that hill. He said the.City.of Edmonds had indicated it had no
use for that alley, and he requested that the appraiser keep that in mind. He said a.minimum of
dirt will be displaced for the pile foundation and that he would.be conforming to the sensitivity of
the area. No one else wished to:speak, and the hearing was closed.
COUNCILMEMBER NAUGHTEN MOVED, SECONDED`BY'COUNCILMEMBER KASPER., TO APPROVE ST-1-81 SUBJECT TO THE
RECOMMENDATIONS OF THE HEARING EXAMINER, AND WITH INSTRUCTIONS TO THE MAYOR TO OBTAIN AN APPRAISAL
OF THE VACATED PROPERTY. MOTION CARRIED.
HEARING ON PROPOSED STREET VACATION -ALONG 175TH ST. S.W.., WEST OF.72ND AVE. W. (ST-2-81)
This proposal was in conjunction with the amendment to the Official Street Map to realign the right-
of-way along 175th St. S.W. and.was.initiated by the City. The roadhad followed the terrain and
was not in the right-of-way so shifting of the right-of-way:.was required to make the road conform to
it. The proposal was to vacate the.area occupied by the r.i;ght-of-way before it was shifted. The
Hearing Examiner had recommended approval of the vacation but -recommended that no compensation be
required. The hearing was opened, no one wished to speak, and the hearing was closed. COUNCIL -
MEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER NORDQUIST., TO APPROVE ST-2-81 AND TO DIRECT THE CITY
ATTORNEY TO PREPARE AN ORDINANCE'AMENDING THE OFFICIAL STREET"MAP, AND THAT NO COMPENSATION BE
REQUIRED FOR THE VACATED AREA, PURSUANT TO THE RECOMMENDATION-OF'THE HEARING EXAMINER. MOTION CARRIED.
A short recess was announced.
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HEARING ON SUNSET AVE. PROBLEMS
Police Chief Marlo Foster discussed -,,the -actions he had taken in past years to try to alleviate the
problems that emerge on Sunset Ave. when the weather gets.good. He noted that last year a fairly
good mix of people were using thearea, and this spring and early summer he was reasonably happy
with the mix, .although he was -unhappy -with the littering of beer bottles. About July 1 the usage
was increased and the mix of people started changing, with middle-aged and older people decreasing
and young people increasing. 'In July the citizens living on.Sunset became increasingly unhappy with
the situation,'reporting a number°of the same problems they:had.encountered in 1979, and requesting
that the street.be closed to traffic after 6:00 p.m. He said,he.would not want to see that on a
permanent basis but.would support it on an interim basis.until September 15. He did not want to see
the usage change over so that.Sunset becomes known as the.place foryoung people to gather and he
felt that people of all ages should :be able to -use it. He.noted that it is expensive to police and
he did not think policing was solving the problem. The hearing was opened.
Shannon Singleton, 20506 76th W.., said she works in Old Mil.ltown.and gets off work at 6:00 p.m. and
drives down to watch the sunset. She -said she is a.taxpayer and -a -Voter and she did not think it
fair that she should not.be able:to watch the sunset or park her car there. She thought most of the
people doing the wrong things are from out-of-town. 'She.said it is the place to go to see friends
and most people.go down there to do.that. She did not want.;to...see it close at 6:00 p.m.
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Lisa Wengender, 920 Brookmere, said she has a slight view.from her home but her friends are down on
Sunset. She said not a lot.of-people-go down to the:park,,because there is not enough parking. She
complained that there is only one garbage can on the entire,str.ip_.and if there were more there would
be less littering. She.thought if people have to park back on.2nd Ave. to go down there the 2nd
Ave. residents will be complaining. She felt if the street were closed part of. -Edmonds would be
closed to her, and it will just'be"`for the people who -live on Sunset.
Barbara.Rood, 342 Caspers,'said she had.enjoyed walking to the beach.the last six:.months, but she
had noticed that the character-of.the people parking there changes a lot from daytime hours to
evening hours. In the evening•she said it is noisy and the commotion bothers her when she walks
there, so she was.sure it must -bother the residents. She approved of the proposal because it would
get the loitering out of what should be an area to be.enjoyed.,by pedestrians. She said both her
husband and she very much supported the proposal.
Karen Mason, 8428 215th S.W:,.said.Edmonds is lucky to have a place like Sunset Ave. with the view
of the sunset and the water;; and she thought people..of.different ages enjoyed it differently, the
younger ones enjoying music. .She said most of the tickets and arrests are given to.people who are
from outside the City and they do the littering, speeding, and drinking. She asked where else they
could go to meet their friends if it were closed. She -said she is.a photographer and she takes
pictures the.re.which will be used for their high school —yearbook. A friend and she had made up and
distributed flyers to encourage people to come to this..meeting to help keep Sunset Ave. open.
Dave Crow, 348 Sunset, said he agreed with the young ladies present and he wished all who go down
there were like those present this evening, but he said that:is not -the -case. He pointed out that
the proposal would not be closing the beach, but it.would just not bring in the cars with the loud
music and the drinking and.'.honking of horns and screaming.at.each other. He said that at 7:30 this
• .evening there were 12 young people on the beach, but.from Edmonds.to Caspers there were 50 people --
all with their backs to the water, yelling and carrying on. He felt if cars were restricted it
might even be better for people to walk down there. He said that night after night -they are not
looking out at the.water--they are looking to the street and yelling at the cars going by.
Mary Pierce, 340 Sunset,.said she had been the age of these young girls once and she had a good
time, but the noise down there is terrible, every car playing different music. She said they have
to close their windows and doors, and the language is vile'and beer bottles are thrown on her lawn.
She said unless you live there'you have no idea what the nois& is, and people who used to enjoy
going down there do not go anymore.
Iry Pinyard, 344 Sunset, said -he can appreciate young people wanting to go down there as he used to
do it before he lived there. He'said-they want all the.people to -walk down Sunset and enjoy it, but
that cannot be done with the youth cruising in cars.and taking up all the parking spaces. He did
not think closing it until September 15 was long enough, and he suggested it should be when Daylight
Savings Time starts and ends..
Harry Shelton, 21925 95th.W.:, said he sympathized.wi:th the residents of Sunset but the litter down
220th in the Westgate area is'bad also, and his fence had been destroyed by cars going through it.
He said he has been on Sunset"Beach and Sunset Ave. because he: is an amateur photographer and parking
at the beaches is -closed at 8:00 p.m. He asked where people would park if Sunset were closed, and
since they.have to go somewhere they will just go farther .into town, and the entire town cannot be
closed off because it is too beautiful. He did not think -closing the beach or Sunset Ave. would
stop the problem because it would just move somewhere else.
Rosemary Wells, 120 Edmonds St.., in the second block back from Sunset, said the traffic and parking
on her street already had increased and if Sunset were.closed-they would be parking on the next
streets.. She resented the blank condemnation of all young people, saying there are many fine,
• decent people down there and they should not be punished for those_ who misbehave. She said if you
do not want to live next to a- park you should move.
Mark Wilson, 7005 Meadowda:le Beach Rd., said a lot.of„young.people are car buffs.and he had worked
for 2 1/2 years making his look nice, and he wanted to show it off. He said they were moved out of
Colby and Lake City, and that there is a nice view driving on Sunset and it is.nice to take a picture
of your car in -the sunset.
Cecelia Leyda, of Sunset Ave., said she resented the.implication made by one person that all the
residents on Sunset are rich and that they don't want,.people.going on their street. She said they
would like.to have everyone go down and enjoy it and:they are not against young people. She said
she has five children of her own but even they get irritated with all the noise there. She thought
the street should be open to-all:people and not just to.a certain group of people, but she said the
language is bad, there is drinking, and there is marijuana -smoking and you cannot 'have little children
there because you don't want them to see what is occurring. She added that they .pay some of the
highest.taxes.in Snohomish County and they cannot go .out in their own yards.
Walter Broniger, 1256 Birch,`said he had come to Edmonds from Michigan about five years ago and he
used to go to Brackett's Landing and it was very enjoyable, with people of all ages, and then things
got bad and there has not been any progress in four years.. He said these problems fall into the
category of disorderly conduct -and -should be charged.and_prosecuted as such. He also thought the
business community should be,.giving the Police Department support.
L'oralee Cobelt, 22933 Edmonds Way., said she works to.support herself and she -is under 21, and she
goes down there to meet people as where she works there.is noopportunity to meet people.. She did
not want to see it closed. No-one else wished to speak,_and.the hearing was closed.
Councilmember Naughten said•he:had been called by one -of the"residents to go and-.look'at the situation
and he.had done so, .and the.-things.he-had been told.were-.happening actually were happening. He said
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August 4, 1981 - continued
the young people.present this evening were responsible people,.but.the nonresponsible people were
hurting things for the others. He did not think the residents.should have to suffer with this
problem, and he thought the only way to solve the problem was to prohibit parking after 6:00 p.m.
Then people could still walk down there to see the beach and the sunset.: He concluded that the
problem is that there is a group of . people .who go there who..have no..respect for. other.s..i n , the area.
Councilmember Nordquist also had driven through the area.on.different evenings and saw the problems,
but he was concerned about the section in the proposed ordinance which restricted access to Sunset
Ave. from 6:00 p.m. to 8:00 a.m.; every day. Councilmember Naughten said he only wanted a restriction
on parking, and.he agreed it should be.through the Daylight -Savings -Time hours. Councilmember Allen
recalled that about 1 1/2 years previously there had been -a proposal from the Parks & Recreation
Department which.included.ang-le:.parking and construction of peninsulas for traffic control. She
suggested -that it be brought forward again. She also suggested -that the Mayor direct the Police
Chief to enforce the ordinances of the City, and in doing both.of those things she thought they may
be able to control the problem.without.closing the street off to the entire public. Councilmember .
Goetz said there is nothing to prohibit people from watching.the sunset --and they could walk down
there to do so. She noted that.peop.le walk to jobs around.Edmonds all the time, and also that the
people present.do..not see what the residents are seeing on..the other side of the street. She
favored taking action immediately to relieve the.situation•and then looking at the park suggestion.
COUNCILMEMBER NAUGHTEN MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER GOETZ, TO PROHIBIT PARKING
FROM 6:00 P.M. TO 8:00 A.M. ON THE WEST SIDE OF SUNSET AVE: Councilmember Nordquist asked the Mayor
if a tolerance situation existed"in that the laws were not.being enforced as strictly as they should.
He said -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 off.i.cial 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
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
COUNC-ILMEMBERS NORDQUIST, ALLEN, AND'KASPER VOTING NO, RESULTING..IN A TIE VOTE. The Mayor was not
permitted to.vote to break the ti:e because the vote was on -the passage•of an ordinance. THE MOTION
THEREFORE -FAILED. COUNCILMEMBER KASPER'THEN MOVED, SECONDED BY-COUNCILMEMBER 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-MOVED, SECONDED BY COUNCIL -
MEMBER 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. Council -
member 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 it next week, and that it would
be Jim Adams.
DISCUSSION ON BROKEN SEWER L.INE'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 thosetwo 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. Council -
member 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..
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 thesituation on..his property.as.outlined in his
letter. He said when sewage erupted in his backyard he....did..what he thought was reasonable, he
August 4, 1981 - continued
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 c'alled.:: He. -was experiencing no.,problems in his house, but.the representatives
from the City did not believe`th'at: He said the departmen t.is.totall'y 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 advi_ce:.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.sugges'ted 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.stili .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-par_ties invol.ved, 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 1istened.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 set. COUNCILMEMBER KASPER MOVED,
* SECONDED BY COUNCILMEMBER ALLEN-, THAT THE CITY•PAY THE BILL. MOTION CARRIED. Councilmember Nord-
quist'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 Al:arge:-.4ace'.of the stone-. and. the 1 i sti ng of off i ci al s . on_ the smal 1 si de. The stone wi 11 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
1
1
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 rep lied 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.
Councilmember Kasper thought the Public Works Committee -should -review the Permit,.Coordinator System,
Building Inspection, and enforcement of ADB requirements by the Building Inspector. That committee
will do so next week.
Councilmember Kasper noted that Everett is looking for,24� per hundred cu. ft. of water for the
filtration costs, and he thought that was a horrendous charge. He felt the City should watch that
closely.
Councilmember Allen asked:Councilmember Nordquist to bring from the Finance Committee next week a
recommendation about the Finance Director.
There was no further business to come before the Council, and the meeting adjourned at 11:55 p.m.
IRENE VARNEY MORAN, Cit Clerk HARVE H. HARRISON, Mayor
*See correction August 11, 1981
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