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19810804 City Council Minutes298 August 4, 1981 • 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 1 1 1 1 1 • August 4, 1981 - continued 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 • 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 • 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. 40 300 August 4, 198.1 - continued 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. 1 L� 1 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. 301 • August 4, 1981 - continued 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 302 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 L]