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03/04/1986 City CouncilTHESE MINUTES SUBJECT TO MARCH 10, 1986 APPROVAL EDMONDS CITY COUNCIL MINUTES MARCH 4, 1986 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag sa- lute. PRESENT STAFF PRESENT Larry Naughten, Mayor Pat LeMay, Personnel Myr. John Nordquist Bob Alberts, City Engineer Steve Dwyer Dan Prinz, Police Chief Laura Hall Jack Weinz, Fire Chief Jo -Anne Jaech Bobby Mills, Pub. Wks. Supt. Bill Kasper Steve Simpson, Parks & Rec. Mgr. Lloyd Ostrom Duane Bowman, Asst. City Planner Jack Wilson Chris Beckman, Traffic & Trans. Eng. Cindy Browne, Student Rep. Mary Lou Block, Planning Div. Mgr. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder. Councilmember Dwyer was not present until 9:05 p.m. and did not vote on any of the items prior to CDC-4-85. CONSENT AGENDA Items (B), (C), (E), (F), (J), and (K) were removed from the Consent Agenda. COUNCILMEMBER NORD- QUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The'approved items on the Consent Agenda include the following: (A) ROLL CALL (D) ACKNOWLEDGEMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM OLYMPIC BALLET ($575 + TAX), LAWRENCE R. COLBY ($95.94), LAURENCE M. OLSON ($53.85), HANS J. LUTZ (AMOUNT TO BE DETERMINED), AND ANITA MARIE WELLS ($1,234.63) (G) ACCEPTANCE OF QUIT CLAIM DEED FROM ARCHIE A. AND VIOLET ME. COKER FOR STREET RIGHT-OF- WAY (H) APPROVAL OF PROFESSIONAL SERVICES CONTRACT FOR PUBLIC DEFENDER (I) ADOPTED RESOLUTION 635 VOIDING SUBDIVISION APPROVAL S-11-59 (PAUL HYLTON) (L) DECLARATION OF EMERGENCY FOR MEADOWDALE AREA (164TH ST. S.W. AND 75TH PL. W.) FOR STORM DRAINAGE AND AUTHORIZATION FOR STAFF TO SOLICIT BIDS (M) AUTHORIZATION TO EXECUTE CONTRACT WITH FUJIKI & ASSOCIATES, INC., FOR CONSTRUCTION MANAGEMENT/ENGINEERING INSPECTION SERVICES FOR MEADOWDALE (164TH ST. S.W./75TH PL.W.) GROUND WATER COLLECTION SYSTEM ($12,400) (N) AUTHORIZATION TO CALL FOR BIDS FOR 76TH AVE. W./MEADOWDALE BEACH RD. CULVERT (0) REPORT ON BIDS OPENED FEBRUARY 24, 1986 FOR PURCHASE OF WATER METERS AND AWARD OF CONTRACT TO FOG-TITE METER SEAL, INC. ($14, 038.19) APPROVAL OF MINUTES OF FEBRUARY 11, 1986 [ITEM (B) ON THE CONSENT AGENDA] Councilmember Ostrom noted a correction on page 3 in the middle of the page as follows: "Council - member Ostrom said he recalls asking Mr. Hauth, rather than he recalls Councilmember Dwyer, at the December meeting what his preference was, and Mr. Hauth said he would like to conduct a drain- age study before the water study was done". COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEM- BER NORDQUIST, TO APPROVE THE MINUTES AS AMENDED. MOTION CARRIED. APPROVAL OF FEBRUARY 25,1986 MINUTES OF JOINT COMMUNITY SERVICES AND ADMINISTRATIVE SERVICES COMMITTEE MEETING LITEM C OPI THE CUNSENT AGENDA Councilmember Jaech said she removed this item from the Consent Agenda because Councilmember Dwyer and Councilmember Wilson were not in attendance at that meeting and would not feel it appro- priate to vote on passage of the minutes. She noted that the meeting was held on February 25, 1986, and not March 4, 1986 as shown on the agenda. Councilmember Hall inquired if a minute taker would be present at future joint meetings. Councilmember Jaech said a minute taker was necessary at that particular meeting because it was an open public meeting with a quorum present. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO APPROVE THE MINUTES AS AMENDED. MOTION CARRIED. AUTHORIZATION TO REPLACE 1979 ELGIN SWEEPER ($97,111.08) [ITEM (E) ON THE CONSENT AGENDA] . Councilmember Jaech inquired if the City's street sweeper was used by other cities on a rental basis. Public Works Superintendent Bobby Mills stated that the sweeper is not rented to other cities. Councilmember Jaech inquired in what areas the sweeper is used and with what frequency. Mr. Mills said the sweeper is used throughout the City on a daily basis with the exception of down time, emergencies or heavy rains. Councilmember Jaech said she has also heard complaints from the public that the sweeper is not used to its fullest capacity because parked cars along the streets prevent the sweeper from sweeping the curbs. Mr. Mills said parked cars do not cre- ate a problem because the downtown area is swept often enough that the cars are moved on a rotat- ing basis. He said occasionally, however, he does have to post certain areas so they can be accessed. He submitted additional information to the Council regarding a price increase of equip- ment on all orders after January 31, 1986. Councilmember Nordquist inquired who the City of Seattle's contract source was. Mr. Mills replied Sahlberg. Councilmember Nordquist inquired if parts were available locally. Mr. Mills replied affirmatively. Councilmember Wilson inquired if 10% would be deducted from the $97,111.08. Mr. Mills replied negatively. He said the sweeper could be purchased for $97,111.08 presently. However, if the City elected not to purchase at this time through the Seattle contract, it would cost an additional 10%. Councilmember Wilson, inquired if there is a remaining balance of $2,000 in the "B" Fund. Mr. Mills replied affirmative- ly. Councilmember Wilson inquired if $3,000 could be saved annually since the sweeper is a high lift vehicle. Mr. Mills replied affirmatively. Councilmember Jaech inquired about the status of the existing sweeper. Mr. Mills said if the transmission needs replacing and it entails a substan- tial cost between now and the time the new sweeper is purchased, the City will keep it and use it as a backup unit. If the sweeper does not need repair, the City would like•to sell it if a reason- able price can be obtained. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE ITEM "C". MOTION CARRIED. AUTHORIZATION TO CALL FOR BIDS TO REPLACE GYMNASIUM FLOOR ($25,000) [ITEM (F) ON THE CONSENT AGENDA Councilmember Kasper said he reluctantly voted to approve $25,000 in 1981 to resurface the gymnasi- um floor this year. He said he does not feel comfortable to continue to install new gym floors' when a water problem exists. Parks & Recreation Manager Steve Simpson said the $25,000 was set up in Maintenance Fund 116 in 1983 because it was projected that the floor would need replacing this year. He said there is a moisture barrier below the vinyl floor and on top to prevent the moisture from damaging the floor. Councilmember Kasper asked why the hardwood floor would be different from the vinyl floor. Mr. Simpson said the vinyl floor has not been affected by mois- ture since the seams were sealed. He said the problem with that floor now is that the vinyl has shrunk and pulled the seams apart. However, moisture should not be a problem if a proper vapor barrier is placed between the subfloor and different wood layers. Mr. Simpson said replacing the vinyl floor with another vinyl floor directly over.concrete provides no resiliency, thus causing shin splints and back problems for students and instructors. Councilmember Kasper inquired if moisture was a problem at the present time. Mr. Simpson replied negatively. Councilmember Os- trom inquired about the cost of maintenance of a hardwood floor versus a vinyl floor. Mr. Simp- son said wood floors are less expensive to maintain than many of tfie vinyl Floors. However, he said there is additional care for wood floors. Vinyl floors require more maintenance; a resin coating costs over $1,500 for a normal maintenance coat. Councilmember Jaech noted that only rubber -soled shoes should be worn on a sport floor. She inquired flow footwear would be con- trolled when other activities are held in the gym, such as the Art Festival. Mr. Simpson said as EDMONDS CITY COUNCIL MINUTES Page 2 MARCH 4, 1986 part of the Call for Bids, the City will be asking for a special covering that can be unrolled on the floor to protect it, which is included in the price. COUNCILMEMBEP. WILSON MOVED, SECONDED BY COUNCILEMBER HALL, TO APPROVE ITEM "F". Councilmember Hall inquired if this bid would be the final replacement of the floor. Mr. Simpson replied affirmatively, noting that the flooring would last for the life of the gym. Councilmember Kasper inquired if the gym was full size. Mr. Simpson said the gym is a small full-sized gym. A roll call vote was taken. THE MOTION FAILED, WITH COUNCILMEMBER HALL AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER JAECH, KASPER, NORD- QUIST, AND OSTROM OPPOSED. Councilmember Kasper said he would like this issue further investigat- ed in Community Services. PROPOSED RESOLUTION 636 REPEALING RESOLUTION 486 AND CANCELLING PUBLIC HEARING FOR PROPOSED . LOCAL IMPROVEMENT DISTRICT LITEM (J)UN CONSENT AG-NUA Councilmember Kasper inquired if access to Main Street and 196th from 88th Avenue could be pur- sued. City Engineer Bob Alberts said property owners were urged at a neighborhood meeting to work with the City to find possible alternatives. Councilmember Kasper felt it important to complete 88th Avenue to Main Street. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER OS- TROM, TO APPROVE ITEM "J". MOTION CARRIED. REPORT ON BIDS FOR REROOFING OF COMMUNITY SERVICES AND PUBLIC SAFETY BUILDINGS AND AWARD OF BID TO GEMINI ROOFING 65,0 1.60 PLUS TAX) ITEM (KJ ON THE CONSEPIT AGENDA Councilmember Kasper inquired if consideration has been given to vacate the building during the reroofing process so that the additional 15% increase in labor will not be incurred. Councilmem- ber Kasper said it seemed to him that the cost of the off -hours schedule due to hazards from asbestos fibers was excessive. Mr. Alberts said Staff was not certain if the asbestos would pose a problem, and procedures have been set up to monitor the inside of the building. However, he said if the asbestos does create a problem, the reroofing will have to be done during off hours. He said changing the work hours at City Hall was considered but determined to be unfeasible. Councilmember Wilson noted that the difference between the low bid ($69,500) and the high bid ($142,569.90) is $73,069.90. He inquired if Staff was confident in the low bidder's perform- ance. Mr. Alberts said the manufacturer of the material gave them a high recommendation. Community Services Director Peter Hahn said he has conducted an analysis of bids over the past year ranging from low to high, and there is not necessarily a correlation of the quality of work and amount of bid. Councilmember Wilson asked if the company has been in business for some time. Mr. Hahn replied affirmatively. Councilmember Kasper inquired if insulation was included in the bid. Mr. Hahn replied negatively. Councilmember Kasper inquired if insulation will be installed in the future. Mr. Hahn said Staff was unsure whether insulation would be a practical consideration for the type of architecture of the windows. He said double glazing may be a consid- eration. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (K). MOTION CARRIED. AUDIENCE Council President Hall introduced Donald Nutter and Carol Andrew from the State Department of Transportation who were present in response to a complaint she made about the cycling of the * traffic signal at Mai and Sunset, which stops the Main Street traffic to allow cars to board the ferry. Mr. Nutter said the signal at Sunset and Main Street is a relatively new installation which oper- ates continuously as opposed to a flashing mode. He said it was determined in discussions with Staff that this continual cycle was a safer operation than the flashing mode. The normal opera- tion is an east/west-north./south cycle. The cycle directing the ferry holding lane can be con- trolled by the ticket seller on the dock to either allow ferry traffic to load onto the dock or wait in the holding lanes. Mr. Nutter said it would be proper to review the operation in the future jointly because the current situation is not the intent of the operation and is not accept- able. In response to a question regarding right turns from Dayton to Sunset at the holding lanes, Mr. Nutter said it was his understanding that the signing at Dayton says "No right turns to toll Booths". He said although it is difficult to prepare traffic signs that are clear to everybody, the Department of Transportation would be happy to pursue a change to convey the intent of the sign. * See Minutes of March 10, 1986 EDMOIJDS CITY COUNCIL MINUTES Page 3 MARCH 4, 1986 Councilmember Jaech noted that ferry utilization will soon increase with the onset of nice weath- er. She said the Engineering Department is working with Olympia and local merchants to open up the holding lane that was used when the Port Townsend ferry was in operation, which operated without any problems. However, she said, Olympia will not authorize opening the lane unless Edmonds does not allow a right-hand turn onto Dayton. She said she did not feel traffic turning onto Dayton would be a problem versus the traffic that would be holding for the ferry. Ms. Andrew said the Port Townsend lane will be utilized when traffic becomes congested on SR104. Planning Division Manager Mary Lou Block said the extra holding lane is to be open during peak hours, and a right turn would not be allowed during that time. Councilmember Jaech asked who had control of the light. Ms. Andrew said the people at the toll both have control of the no- right- turn light as well as the extra holding lane. Mr. Nutter said the Department of Transportation anticipated a significant increase in traffic this summer and would like to meet with the City to discuss this issue as well as traffic prob- lems in general. Mayor Naughten inquired how many passengers and vehicles utilize the Kingston ferry annually. Mr. Nutter said just over 1,000,000 vehicles per year use the ferry. Last year, 1,100,000 plus used this particular route, which is the highest year to date and represents a 7% growth. The Department of Transportation is predicting a base growth of another 8% this year, plus an add on for Expo visitors of an additional 11% during the summer months. Council President Hall expressed her appreciation to the Department of Transportation for expedi- ently responding to her request to appear before the Council. *Richard Sherlel, 811 Somerset Lane, said he was speaking on behalf of residents to request the City to give serious consideration to upgrade fire protection to properties neighboring the rail- road tracks and beachfront immediately south and east of Ocean Ave. He said the Edmonds Fire Department called to their attention the need for a fire hydrant on the south terminus of Ocean Avenue when they requested residents to help extinguish beach fires along the railroad tracks. *Mr. Sherlel said the fact that there is only one fire hydrant located on Ocean Avenue on the north end poses the following problems: 1) time delay, 2) the entrance of Ocean Avenue is .blocked by the fire truck and hoses, firemen, resident volunteers and onlookers when a fire is being extinguished. He said the residents felt a fire hydrant on the south end of Ocean Avenue would solve these problems. *Ginny Hildrith, Project Manager for Edmonds Main Street Project, 110 West Dayton, said the business community and residents support the possibility of a trolley in downtown Edmonds. Commu- nity Transit would like to see community support before they entertain the idea of bringing a *trolley into Edmonds. Ms. Hildrith said when the trolley was in Edmonds for a day, she was amazed at the favorable response. Community Transit sent out 200 surveys and received all of them with 100% support for the trolley. She read several of the questions from the survey into the record. She said in addition, 23 businesses in downtown Edmonds petitioned their clients and received 500 signatures in one day in favor of the trolley. Councilmember Kasper said Community Transit was under the impression that there was not a great demand for the trolley due to lack of feedback at meetings. The Board was on the verge of drop - *ping this issue, but Councilman Agnew requested a special meeting tomorrow. Ms. Hildrith said the basic problem was that people were unaware of who to talk to. But once they know, they are very excited and supportive. She said the busses could be chartered and advertising made available as a possible source of funding. Councilmember Nordquist asked why Community Transit has just become aware of the need for integrated services in Edmonds. He said he felt the prob- lem exists not only in Edmonds but also in South County, and Community Transit has been unrespon- sive. Councilmember Wilson expressed a desire that a routing configuration be considered involv- ing Five Corners, Westgate and Perrinville. Ms. Hildrith said once Community Transit is aware of community support, discussions will commence. Councilmember Wilson said he strongly supported *the trolley and hoped the Council would offer assistance. Councilmember Jaech said the Board members question the expenditure of money by Community Transit for one vehicle in downtown Edmonds with support from other cities for just one area. She said she was unsure whether she would vote in favor of committing taxpayer's dollars to fund the trolley when there are more pressing issues to be considered within the City. Ms. Andrew said the City was not being asked to contribute funds. * See Minutes of March 10, 1986 EDMONDS CITY COUNCIL MINUTES Page 4 14ARCH 4, 1986 KirbyWhite, 639 - 8th Ave. S., expressed his appreciation to the Mayor and Council members for their r participation in last year's memorial service for veterans. He submitted information to the Council. He requested that the issue of the location of the cemetery memorial be placed on a future agenda for discussion. Council President Hall, hearing no objections, placed this item on the April 1, 1986 agenda. Councilmember Jaech recommended that this issue be discussed at the Community Services meeting a week prior to discussion with the Council. Dennis Russell, 23705 - 74th Ave. W., said he was present on behalf of the Lake Ballinger Commu- nity Club. said approximately three months ago the City Council of Edmonds and Mountlake Terrace consented to a joint meeting to discuss the shooting of water fowl on Lake Ballinger. The meeting was subsequently postponed. He inquired about the status. Council President Hall said Edmonds City Council has attempted to schedule meetings in the past to no avail. There is, however, a March 31 meeting being proposed at the Lynnwood City Council chambers. Scott McDonald requested that he be allowed to read into the record information regarding Ocean Avenue prior to Council discussion of Ocean Avenue. Mayor Naughten denied his request on the basis that this issue was not open for public discussion at this time. Mr. McDonald requested that he be allowed to read the information during the audience portion. Mayor Naughten denied his request on the basis that that portion of the agenda is only for items not on the agenda. Councilmember Ostrom disagreed. He said audience input should be allowed. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER JAECH, TO EXPEND ITEM 7 TO INCLUDE PUBLIC INPUT. Councilmember Jaech said she seconded the motion because the items brought before the Council were new items, and the public.should be given an opportunity to speak. MOTION CARRIED. Mayor Naughten closed the audience portion of the meeting. PRESENTATION TO CITY OF CERTIFICATE OF APPRECIATION FROM 14ARINE CORPS RESERVES FOR TOYS FOR TOTS PARTICIPATION Sergeant Lawrence Cretin said many families in South County were helped through the Toys for Tots Program last Christmas due to the City's cooperation and support. He said he personally deliv- ered toys to needy children on Christmas Eve until 7 p.m. On behalf on the Marine Corps Re- serves, Sergeant Cretin presented the Certificate of Appreciation to the Mayor, City Council, and citizens of Edmonds. HEARING ON APPEAL OF HEARING EXAMINER DECISION TO GRANT VARIANCE TO REDUCE THE REQUIRED NUMBER F PARKING .SPCES AT 1041-mH AVE..S. V-29-8 ELL NTS: ROL_AN__U_S_C_0_TT_7NlJ BERNARD A DERSON Planning Division Manager Mary Lou Block gave background information. She said the neighborhood is concerned about the parking problems and requests that those parking spaces be retained on site. Ms. Block said the problem with this solution is that the former parking configuration was very awkward and required backing onto.Forsyth Lane and turning immediately next to the intersec- tion of 5th and Forsyth. Further, when the Edmonds Community Development Code was adopted in 1981, off-street parking was prohibited in the street setback, area of any multi -family structure to reduce the appearances of large asphalt areas. She said the Staff and Hearing Examiner feel it is better to have landscaping than asphalt in the street setback and that the eight parking spaces that were removed will be replaced with at least eight on -street parking spaces. Assistant City Planner.Duane Bowman showed a video tape of the past and present parking configura- tion of the area. He said in the proposal approved, the Hearing Examiner requires the applicant to close the curb cuts and replace them with standard curb gutters and sidewalk. The corner at the intersection would be yellow striped on 5th Avenue South and Forsyth Lane to prevent park- ing and four spaces would be available on Forsyth and five on 5th Avenue. The proposal is subject to Architectural Design Board review and approval of the landscaping. Councilmember Ostrom inquired if there was only one parking space in the street without the vari- ance being approved. Mr. Bowman replied that legally that was correct. Councilmember Ostrom inquired if that was the maximum spaces possible. Mr. Bowman replied negatively. He said there should be a setback of approximately 20 feet.from any oriveway entrance. Councilmember Ostrom inquired about the length of that area. Mr. Bowman said the information in the Council packet is to scale. Councilmember Wilson asked why the traffic was not allowed to enter one way and exit onto Forsyth._ Mr. Bowman said that was a.possibility. Ms. Block said the landscaping would be eliminated.wi:th that alternative. Councilmember Jaech noted that 38 parking spaces are EDMONDS CITY COUNCIL 14INUTES Page 5 MARCH 4, 1986 required. She asked how many spaces were proposed. Mr. Bowman said there are currently 19 on - site spaces. He said the building was built in 1962, and there is no available area for addition- al parking. Councilmember Jaech commented at the time the building was constructed, parking was allowed in the setbacks. Ms. Block concurred. Ms. Block stated the requirements in the Hearing Examiner's decision. Community Services Director Peter Hahn recommended to discuss penalization when work is performed without a permit with the Community Services Committee or Planning Board . Councilmember Jaech requested that four letters which she received regarding this hearing be entered into the record and made available to the public. The exhibits were marked as follows: A - letter from Jack Stevens; B - letter from Jack LaLanne; C - letter from Lurline Brown, Margar- et Anderson, Hazel Miller, Aslaug McKean, and Helen Piazza; D - letter from Jeri Lewis. Council - member Kasper said his son is employed by Mr. Bedall, the developer who replaced the parking with landscaping. He said he has not discussed this issue with his son or Mr. Bedall. Councilmember Kasper said he would abstain in the vote if anyone requested him to. City Attorney Scott Snyder inquired if there was anyone in the audience who objected to Councilmember Kasper's participa- tion. No objection was noted. Aslaug McKean, 1005 - 5th Ave. S., N203, said she and other residents of the Executive Condomini- um object to the variance. She said she assumed that a permit was not applied for for fear of rejection. Ms. McKean said exiting the driveway at the condominium onto 5th Avenue is hazardous because cars are parked on.the street and obstruct vision. She said a dangerous precedent would be set if the City allowed the present parking configuration. Bernard Anderson, 1005 - 5th Ave. S., 8101, President of the Executive Homeowners Association. He said residents were concerned: 1) about the trend of the conversion of apartments to condomini- ums; 2) about the conversion of the Dorchester from apartments to condominiums without an applica- tion for a variance; 3) about the proposal to build a seven -unit condominium at 1008 - 5th Ave. S. replacing a single-family residence and; 4.) the Hearing Examiner's report indicated that suffi- cient parking spaces were available. Mr. Anderson said if the Hearing Examiner had conducted his inspection during the evening hours, he would have drawn a different conclusion. Mr. Anderson said there should be more off-street parking than less, and hoped that Edmonds does not encounter the same parking problems which Seattle has. He felt it was unfortunate that own- ers/developers are permitted to convert buildings to condominiums. He questioned if the City would allow the streets to become parking lots or use them for thoroughfares. He submitted Exhib- it E, a document entitled "Reference File #V-29-85". Richard Hibbert, 1041 - 5th Ave. S., President of the Dorchester Condominium Association, said the landscaping of the units is attractive, is an improvement, and increases the property value. He said there is only a loss of two on -site parking space and that condominiums tend to have a lower density than apartments. Genny Davenport, 1041 - 5th Ave. S., N21, said she does not want the landscaping removed. Bette Hibbert, 1041 - 5th Ave. S., #25, said she was also concerned that conversion was conducted without a permit. She stated that the landscaping conformed to the Code because it removed an unsafe exit, and the number of parking spaces conform to the original requirement of 19 spaces because parking is available in the back. She added that the landscaping beautifies the area, thereby increasing property values. She said citizens of Edmonds have a right to use City streets to park. Gary Krohn, 1718 N.W. 56th, Seattle, said lie was present on behalf of the owner of the Dorchester, B. Bedall, Inc. Councilmember Jaech said it was her understanding that the units had been sold and that the Homeowners Association owned the units. Mr. Krohn said Mr. Bedall was the owner at the time the landscaping was done. He said all points of error were addressed in the appeal by Mr. Driscoll in his opinion. Mr. Krohn rebutted the points raised by residents in the appeal. He said Mr. Driscoll's opinion was well reasoned. He concluded that the City of Edmonds has a net gain by greater safety and better aesthetics on 5th Avenue with a real preservation of the net number of parking stalls. Finis Tupper, President of the Edmonds Council of Concerned Citizens, 711 Daley Street, said the organization is very interested in this issue. They wrote a letter to Peter liahn inquiring into the issue. He said the method in which the Dorchester was landscaped Vlas not brought out in the hearing. None of the asphalt was removed. The dirt was piled right on top of the asphalt, which restricts the drainage. Mr. Tupper said the Hearing Examiner has taken an editorial liberty with EDMONDS CITY COUNCIL MINUTES Page 6 MARCH 4, 1986 the Edmonds Community Development Code. He referred to Chapter 20.85, Item "A". He said there are no special circumstances that exist at the Dorchester that would allow for a variance to be approved. He said that the Hearing Examiner erred in his statement that a variance must be consis- tent with the Comprehensive Policy Plan Map of Edmonds, as Section 20.85.010 states that it must to be consistent with the Comprehensive Plan, not the Map. Mayor Naughten closed the public portion of the hearing. Councilmember Hall asked if there has been a drainage problem. Mr. Hahn said the landscaping issue must still be considered by the Architectural Design Board. fie said there has not been a direct problem, adding that the landscaping was not properly installed. Councilmember Hall in- quired if the Council has been presented with all of the information. Mr. Hahn said the variance pertained only to parking. Mr. Snyder added if the Council were to approve the variance, the applicant is still required to submit the parking plan to the Architectural Design Board. The Architectural Design Board would review the entire nature of the landscaping. Councilmember Hall inquired if the motion could include a caveat. Mr. Snyder suggested that the Council address the variance issue because he said if the Council granted the variance and the public or applicant was not satisfied with the Architectural Design Board review, they could appeal that decision and appear before the Council again. Councilmember Jaech noted that the landscaping would not be an issue if the Council denied the variance. She referred to Section 20.85.010, Item "A", special circumstances and said she did not feel there are special circumstances to grant a variance. She referred to Item "B" which states, in essence, the required variance must not result in a special privilege being granted to the applicant. She said the elimination of parking would be a special *privilege since there was no cause to eliminate it. She said the development is contrary to the Comprehensive Plan because it requires two parking spaces for each unit, and the unit only has nineteen spaces. Councilmember Jaech said the variance does not meet the different criteria. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER O.STROM, TO DENY THE GRANTING OF THE VARI- ANCE. MOTION CARRIED, WITH COUNCILMEMBER KASPER ABSTAINING. Mr. Snyder stated that he will prepare the Findings of Fact & Conclusions of Law. They will be placed on the Consent Agenda at the next City Council meeting, and copies will be available to the public at the City Clerk's office. HEARING ON PLANNING BOARD RECOMMENDATION TO AMEND COMPREHENSIVE POLICY PLAN MAP CHANGING LAND USE DES! GNAT ION FROM LOW DENSITY RESIDENTIAL TO iIG DENSITY RESIDENIIAL FOR AREA LOCATED LONG ?3R Fi S _ S W RFTWFFN QMQUAV on nin cn in.. . Assistant City Planner Duane Bowman gave background information. He said a question has been raised concerning what the City of Edmonds is doing with property located outside of its bounda- ries. The unincorporated area commonly known as the Esperance area is within the City of Edmonds comprehensive planning area. And in order to review a zoning change, the City must ascertain how the Comprehensive Policy Plan Map designates that property. Councilmember Jaech inquired if the study on Highway 99 was taken into consideration. Mr. Bowman replied affirmatively, noting, however, that the property in question does front directly onto Highway 99. Councilmember Jaech said the nodes determined the tapering and buffering. Mr. Bowman said the nodes are limited to two areas along Highway 99 in the City comprehensive planning area. Only the Campbell Nelson island and the area north of 224th are inside the City limits. It is not inside a node area but is outside of a commercial area. Councilmember Jaech inquired if the size of the land, incline, height, and density, which provides a buffering effect for single-family residences, related to the rezone. Mr. Bowman replied negatively. He said the request is for multi -family zoning. And in order to consider any kind of transition under the City of Edmonds Comprehensive Policy Plan, there would have to be a high density residential designation. Mr. Bowman showed a video tape of 84th Avenue and the 238th Corridor and, also, transparencies which illustrated the proposed amendment. Councilmember Kasper inquired about the basis used to arrive at the triangle. Mr. Bowman said it was scaled off the existing Comprehensive Policy Plan Map for land use designation. The under- lying lots shown in the map indicate where the boundaries fall. Councilmember Kasper inquired if County zoning still exists or if City zoning becomes a limitation. Mr. Bowman said questions of zoning have to be resolved at Snohomish County; the only issue before the Council at this time is .the long-range land use. City Attorney Scott Snyder stated that this issue is a legislative decision of the City Council, not a quasi-judicial decision. lie said the Appearance of Fairness Doctrine contains a specific exemption for amendments to the City's comprehensive plan. There- fore, the Council is free to ask questions and is not required to reveal communications. * See Minutes of March 10, 1986 EDMONDS CITY COUNCIL MINUTES Page 7 MARCH 4, 1986 (Councilmember Dwyer entered the room at 9:05 p.m.) Mayor Naughten opened the public portion of the hearing. Victor Schultz, 8305 - 224th S.W., representative of the Action Council for Esperance said this issue has been discussed at their February meeting, and strong displeasure was indicated with the permitted action by the City of Edmonds to pass judgement on land use within the unin- corporated area. He said the City has the responsibility to comment, but does not have the right to pass final judgement on the land use. Mr. Schultz said this issue was brought before the Council in relation to an application for rezone by Eleanor Smith of case no. 8510214, property which borders on the north side of 238th Street. The Hearing Examiner concluded on February 25 that this rezone request would be postponed until January 13, 1987. Therefore, the matter has been withdrawn until the traffic issues with the Snohomish County Department of Public Works have been resolved. Mr. Schultz reminded the Council that area residents are conducting a petition campaign relating to this matter and would like the area to remain in the low -density category. Councilmember Ostrom inquired if the Council was obligated to render a decision. Mr. Snyder said once an application is submitted, the Council has an obligation to proceed until it is withdrawn by either rendering a decision or postponing the matter until a date certain. He said it is appealable if a decision is not reached or the matter indefinitely tabled. Planning Division Manager Mary Lou Block said Snohomish County requests to know, in any rezone, what the designa- tion is in the Edmonds Comprehensive Policy Plan Map and will not take action if it does not correspond. Councilmember Kasper inquired if the Policy Plan Map extends into the subject area. Ms. Block replied affirmatively. Councilmember Hall inquired if the City's sphere of influence is within a mile. Mr. Snyder replied affirmatively. Ms. Block said the sphere extended to the King/Snohomish County border. Councilmember Jaech clarified that the area within the triangle is low density. Ms. Block said the application is for revision of Edmonds Comprehensive Policy Plan Map. Lance Kliewer, 8604 - 236th S.W., said lie was the person who submitted the petition signed by residents in the area. He said the residents opposed to the change represent a majority opinion. They do not like the idea of the development of large apartment complexes and related problems. Residents enjoy the present atmosphere and do not want to see it change to intense traffic congestion similar to the Eastside. He said they would like an alternative proposal to the present zoning change that is acceptable and ask that the proposed change be rejected. James Smith, 8504 - 236th S.W., said he was pleased to see attention focused on the 12.9 acres of land for rezone consideration rather than the 1.89 acres of the rezone. Mr. Smith said he was concerned that the Planning Board hearing focused on the 48 unit development and not the total impact on the area, specifically with regard to traffic safety, noise and aesthetics. fie said the applicant indicated that the ultimate population in the 12.9 acres would total 760, which reflects 59 people per acre. Mr. Smith felt that this is a tremendous change from the single- family nature of the area and would necessitate the need for increased community services. He said the applicant indicated that an additional 2,150 vehicles trip per day was anticipated in the area if a rezone was approved. A comparison of the average traffic count provided by the Department of Transportation on SR 104 near Dayton of 3,900 raises traffic concerns by residents. John Elsasser, 8615 - 238th S.W., said he and many of the neighbors in the area are not opposed to the change in the land use designation. Ray Desy, 8515 - 236th S.W., said tie agreed with Mr. Kliewer and Mr. Smith. The characteristic of the neighborhood on the back property line is single-family residential. He said it would be inconsistent to allow multi -family residences to abut single-family residences and would prefer that a step zone be implemented between the single-family residences and multi -family duplex development to allow a more gradual increase from lower density to medium density to a higher density. He recommended that the Council disapprove the change in land use designation. Dale�Hanbeerrg, 650 - 13th Way, said he recently purchased property adjacent to the Korean Church. Hesaid Mr. Bowman indicated that 238th is a minor arterial, but he feels it is a major arterial.' He said he did not want to invest money in his property because he felt buyers would be reluctant to purchase homes on 238th. Gerry Lovell, Lovell-Sauerland & Associates, said he is representing the applicant. When work commenced in August on the property, he said lie spoke with the Edmonds Planning and Engineering EDMONDS CITY COUNCIL MINUTES Page 8 MARCH 4, 1986 Department and County Engineer to determine the feasibility of rezoning the property. In driving through the property, he recognized that the area was in transition from a single-family neighbor- hood to a multi -family neighborhood, that there were no new homes in the 238th corridor, that 236th was a quiet, peaceful neighborhood, and 238th was not a likely place to build new, single- family homes. He said there is very little traffic interchange between the two neighborhoods. For that reason, and in talking with City Staff, Lovell-Sauerland & Associates felt that this 'was a logical rezone. Mr. Lovell said they submitted an application to the County for rezone. The City and other agencies reviewed the application and concluded that the rezone was not in conformance with the Edmonds Policy Plan Map. He said the County's own comprehensive map is outdated, and the County does not wish to develop a new comprehensive plan map for the area be- cause most of the areas have been annexed to various cities in South County, and they recognize that the area in question may be annexed to the City of Edmonds in -the future. Thus, they are placing greater alliance on the City's Policy Plan Map. So the comprehensive plan amendment was applied for in order to be in compliance with the City's Policy Plan Map. Mayor Naughten closed the public portion of the hearing. Councilmember Wilson noted that the south border, which is designated as high -density residen- tial, overlaps various lots that are designated as low residential. He asked what would happen if a high -density residential area were developed. Mr. Bowman clarified that this matter was not for a zoning change. He said because of the split designation of low -density and high -density development, the response to the County would be somewhat confusing, other than there is a con- flict. This concern was raised by Boardmember Philips and led to the Planning Board's recommenda- tion to implement a defined area for the type of land use. Councilmember Wilson inquired why this was not implemented along 238th. Mr. Bowman said the plan was adopted in 1970. Councilmem- ber Wilson inquired how the traffic situation was addressed if the area is fully developed. Mr. Bowman said 238th is designated as a minor arterial on the City's Comprehensive Thoroughfare Map, and access to the neighborhood would be through an intersection at Highway 99 or SR 104. Council - member Wilson asked Mr: Bowman if he anticipated any massive traffic problems. Mr. Bowman re- plied negatively. Councilmember Wilson inquired if any consideration has been given to a greenbelt buffer to high -density units on the northern boundary. Mr. Bowman said this issue would be considered at the Request for MRPRD Rezone at the County level. He said the City would review the plan in relation to the City's Comprehensive Policy Plan. Councilmember Wilson in- quired about sewer considerations. Community Services Director Peter Hahn said there was no problem with the conveyance system. He said he spent a lot of time analyzing the treatment plant capacity. And to the best of Staff's calculations, there are approximately five years remaining capacity in the plant. Councilmember Kasper said he looked at the 238th corridor, and he felt the area would decline unless a change occurs. He recommended that the Council implement a north- erly boundary, as requested by the petition. He expressed concern that properties be buffered to the north. He asked Mr. Bowman if the City could request a holdback. Mr. Bowman said if the amendment is passed, the City will only have the ability to comment on the policies contained in the Edmonds Policy Plan in reviewing the rezone request regarding preservation of greenbelt areas for buffering. He said the applicant is proposing a PRO and must present a binding site .plan. The County can require that buildings be shifted, the total number of units be reduced, et cetera. Councilmember Dwyer inquired if the County has the same criteria as the City for re- zones. Mr. Bowman said they are generally the same. Councilmember Dwyer commented that if the City erred, the County could preempt the City and create their own policy map. Mr. Bowman con- curred. Councilmember Dwyer stated if the proposal passed, any specific rezone would have to be acted on by the County, and the County would impose a County zoning designation, not an Edmonds zoning designation. Mr. Bowman concurred. Councilmember Dwyer inquired if the City could impose an Edmonds zoning designation if the area fell within the municipal boundaries of Edmonds. Mr. Bowman replied affirmatively. Councilmember Dwyer asked at what point could specific .zoning requirements be imposed. Mr. Bowman said that would be handled upon an annexation request to determine the zoning on the property prior to annexation; hearings would be held before the Edmonds Planning Board, City Council, and.Boundary Review Board. Councilmember Dwyer said if the area were never to come within the Edmonds boundaries and if a rezone request was made, the Coun- ty Council or Hearing Examiner, in order to defeat the rezone, would need convincing that the criteria was not met in the rezone request or that the County should preempt Edmonds and pass its own comprehensive policy designation or rely on its own designation. Mr. Bowman concurred. Mr. Hahn added that the County is uninterested in updating their comprehensive plan for the area, but *is interested in reviewing any rezones with the City. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ADOPT THE PLANNING. BOARD'S RECOMMENDATION TO AMEND THE COMPREHENSIVE POLICY PLAN MAP WITH HEAVY EMPHASIS ON BUFFERING SINGLE-FAMILY RESIDENCES FROM HIGH DENSITY. Councilmember Jaech stated she would vote against the motion because area residents do not want the proposed change. She felt the Council does not have the right to impose changes against * See Minutes of March 10, 1986 EDMONDS CITY COUNCIL MINUTES Page 9 MARCH 4, 1986 their will. Councilmember Ostrom concurred, adding he, too, would vote against the motion. A roll call vote was taken. MOTION CARRIED, WITH COUNCILMEMBER JAECH AIJD COUNCILMEMBER OSTROM * OPPOSED. Councilmember Kasper said the area is so impacted by inadequate roads and services that it would not be proper not to bring it to its fullest land use. The meeting recessed at 9:50 p.m. and reconvened at 9:58 p.m. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, TO CONTINUE THE MEETING. COUNCILMEM- BER KASPER MOVED, SECONDED BY COUNCIL MEMBER NOROQUIST, TO AMEND THE MOTION NOT TO EXCEED 30 MINUTES. MOTION CARRIED. HEARING ON PROJECTED COMPLETION OF PIONEER WAY IN SHELL VALLEY Community Services Director Peter Hahn gave background information. He said Staff conducted an unofficial poll of residents in Shell Valley, and the majority favored completing the road by continued pattern of development instead of an LID. Mayor Naughten opened the public portion of the hearing. Dave Larson, 13313 - llth Ave. N.E., Marysville, said he formerly resided in Shell Valley. He said he has not heard any enthusiasm from residents to complete the road. lie suggested if the connection is made that consideration be given to less than a full connection as follows: right turn only for egress excluding four-way access; or limited access with a gate that would be opened only under adverse weather conditions. Mary Dent, 8823 Shell P1., said she felt the cure that was proposed was worse than the disease. She expressed concern that Pioneer Hill was unsafe, even under optimum weather condi- tions. She said to open the hill to through traffic would create a hazardous traffic situation. Ms. Dent requested that limited access be taken into consideration with a minimal width and ac- cess only in bad weather if the road is completed. Todd Gruenhagen, 21035 - Shell Valley Way, said he shares the same sentiment stated by Mr. Larson. He said Pioneer Way is very steep, and increasing the traffic would be hazardous to families with children. Mr. Gruenhagen said he supported the concept of a right -turn -only inter- section if the road is completed, but is against an LID. Robert Gradwohl, P.O. Box 61155, Seattle, present on behalf of Seawood Homes, recommended the continuation of Pioneer Way for 200 feet ending in a cul-de-sac for a turnaround. He said Seawood Homes is in the process of purchasing Mr. Larson's tract, and is proposing the develop- ment of 10 homes. Councilmember Jaech said an eleven -lot subdivision has been proposed at the northern terminus of the developed right-of-way of Pioneer Way. She inquired if this proposal is the same one he is referring to. Mr. Gradwohl replied affirmatively. Councilmember Jaech noted that the turnaround would be in conjunction with the subdivision and would take place at that time. Ben Box, 21220 Pioneer Way, said lie did not feel there was a serious problem with the present configuration, and he likes it the way it is. Andrew Jaeger, 21332 Pioneer Way, former President of the Shell Park Homeowners Association, said if he were a member of the Council he would request legal advice regarding City liability in the case of a disaster in any kind of weather in Shell Valley. He felt that the City should make a decision on the comprehensive plan for Shell Valley and not leave it in limbo. Jim Smith, 18500 Olympic View Dr., said he owns seven lots on Pioneer Way which will be devel- oped in the near future. He suggested that residents contribute money to develop the remaining parcel if it is not too costly. Mayor Naughten closed the public portion of the hearing. Councilmember Kasper said he was in favor of the completion and felt the City would be negligent if it did not resolve this situation. He said lie felt, however, that the Council needed addition- al information on Pioneer Way, i.e., population count, land dimensions, before it reaches a deci- sion. Councilmember Hall said she was also concerned about this issue. She referenced Alterna- tive "B" and suggested one-way egress onto Main Street, right -turn only, with access for emergen- cy vehicles. Fire Chief Jack Weinz said he was only concerned that the Fire Department have * See Minutes of March 10, 1986 EDMONDS CITY COUNCIL MINUTES Page 10 MARCH 4, 1986 *conditional access to the area. Councilmember Hall inquired if the Fire Department could access a one-way street in an emergency. Chief Weinz replied affirmatively. Councilmember Nordquist inquired if the road bed would extend to Suchert's property, as indicated on the diagram. Mr. Hahn said there is no paved road at this time. The paving only exists in the.•cul-de-sac, and the right-of=way is accurate. Councilmember Kasper inquired about traffic volume. Mr. Hahn said he did not have.that information. Councilmember Jaech noted that the Su.cherts would be required to complete the road through their section. Mr. Hahn said that would be true only if part of their property needs access. Councilmember Hall said the Council did not need to take any action if they agreed with the Community Services recommendation. Councilmember Ostrom asked what the grade was of the City -owned property. Mr. Hahn said it was approximately 10%. Councilmember Ostrom asked why the City was retaining that parcel. Planning Division Manager Mary Lou Block said they were retaining .the parcel because of the road. Councilmember Jaech said that citizens of Edmonds indicated they did not want the City to sell that parcel. Councilmember Hall said she favored access onto Main Street with a right turn only. Council President Hall recommended that the Executive Session on the agenda be moved to.March 10, 1986. Council concurred. COUNCIL DETERMINATION OF PARKING RESTRICTIONS ON OCEAN AVE. (FROM FEBRUARY 4, 1986) Community Services Director Peter Hahn gave background information. City Engineer Bob Alberts reviewed on the overhead projector the amended proposals for the five parking spaces and signing. Councilmember Ostrom said he observed the situation on Ocean Avenue over this last weekend, and it was obvious to him that the primary reason people parked on Ocean Avenue was to go to the beach. He recounted the visits he made and his observations, noting slow response by the Police when called by the residents. He inquired how the four proposals address that situation. Mr. Alberts said the proposal only addresses.the parking configuration. Councilmember Ostrom comment- ed that Administration again has not provided a solution to the problem. He said Staff fails to address the public's concerns. Mr. Alberts said lie also observed Ocean Avenue last weekend, and he saw several cars that were unoccupied. Police Chief Dan Prinz reviewed the Police Activity Report from January 25 through March 2, 1986. This report explained the slow response to Ocean Avenue because all police officers were involved in other incidents at those times. Councilmem- ber Hall asked Chief Prinz how officers explained to people that they were illegally parked in view of the fact that there is no posting to that effect. Chief Prinz said that was a problem. Councilmember Ostrom asked what constitutes illegal possession of alcohol. Chief Prinz replied. anyone under twenty -one -years of age in possession of alcohol or anyone in possession of an open container publicly. Mayor Naughten opened the discussion to the public. Scott MacDonald, 9921 Water St., said his property abuts the north end of Ocean Avenue on the west boundary and also abuts the Burlington Northern property. Fie read a letter from Ocean Ave- nue residents into the record which stated that they do not, and never have, objected to legiti- mate use of Ocean Avenue for travel or sunset viewing, but do strongly object to profanity, barn- yard behavior, public sex, antisocial behavior and a disregard of private citizens' rights as well as being subjected to retribution for reporting their disapproval to the proper authority. Cliff Gustafson, 19123 Ocean Ave., said he and his wife moved to Ocean Avenue several years ago to retire ut soon realized that problems existed and have continued to increase. He said he has witnessed people engaged in sexual activities in parked cars along Ocean Avenue, as well as other problems. He said he and his wife have concluded that they must leave because police officers cannot enforce the area. Lorene Strickland, 1565 - 9th Ave. N., said she moved into her horse because it was a peaceful neighborhood. She requested that a fire hydrant be installed on Ocean Avenue. Ms. Strickland said there are not enough officers to enforce the area, and to install public parking would only increase the problem. Harley Bray said he goes down to Ocean Avenue with his two sons. He said they do not engage in any o?the problems that were mentioned. He questioned why he should not be allowed to park on a public street which he pays taxes on. Mr. Bray said a majority of citizens would like to contin- ue to enjoy Ocean Avenue. He did not feel Ocean Avenue should be an exclusive area. Mayor Naughten closed the public portion of the discussion. * See Minutes of March 10, 1986 EDMONDS CITY COUNCIL MINUTES Page 11 MARCH 4, 1986 Mr. Hahn said the ten -foot strip previously discussed is not in the plans, and Staff acknowledges that its status is unknown and are not suggesting it be utilized. Councilmember Jaech said she has pictures that were sent to her which depict the City property line. She said she also re- ceived a letter from an individual who expressed a desire to utilize Ocean Avenue. Councilmember• Jaech said the letter illustrates that the major problem on Ocean Avenue is that people access the beach. She said the beach is private and not for public use. She questioned whether the City could afford to pay a full-time officer to police the area. She said the only solution to the problem would be for Burlington Northern Railroad, the beach owner, and perhaps the City to fence off the area. Councilmember Wilson said the heir to the tidelands stated in a Public Safe- ty Committee meeting that he granted permission to the general public to use the beach. COUNCILMEMBER KASPER MOVED TO ADJOURN THE MEETING AND CONTINUE THE DISCUSSION TO A LATER DATE. The motion failed for lack of a second. Councilmember Hall asked the Mayor what his recommendation was. Mayor Naughten said he recommend- ed five parking spaces with all spaces in Area "B". Councilmember Hall said she was unwilling to authorize any expenditures for parking. She recommended that parking be eliminated and that heavy enforcement be implemented on Ocean Avenue. She asked -Chief Prinz if the leash law was enforced on Ocean Avenue. Chief Prinz replied affirmatively, adding that there is only one ani- mal control officer in the City, and lie cannot be everywhere all the time. He recommended that parking be restricted. Councilmember Hall recommended that the Police Department commence a heavy enforcement program on a trial basis. Chief Prinz said that was not a feasible solution to the problem because police officers are unable to enforce the no trespassing unless they actually catch the culprit in the act. He said the only solution to trespassing would be to have a full- time officer posted. Councilmember Dwyer asked Chief Prinz why Staff's proposal would be easier to enforce than the present situation. Chief Prinz said because it places limitation on the number of cars parked on Ocean Avenue, thus reducing the number of people to police, and places limitations on the time element. Councilmember Dwyer inquired if enforcement was workable if the recommended restrictions are implemented. Chief Prinz said because there would be lower numbers to police, it world be easier. Councilmember Dwyer inquired if total enforcement was possible. Chief Prinz replied negatively. Mr. Hahn clarified that the proposal does not require a major expenditure or major improvement. The cost would be under $1,000. Councilmember Wilson said he felt some configuration of parking and signage would enhance the Police Department's ability to cope with the problem. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER DWYER, TO RECOMMEND FIGURE 4 OF STAFF'S PROPOSAL IN WHICH TWO SPACES WOULD BE IN AREA "A", 3 SPACES IN AREA "B", WITH SIGNAGE AS FOLLOWS: PARKING FROM 8 A.M. TO 8 P.M. FROM NOVEMBER 1 TO APRIL 30, 2 HOUR LIMIT, AND NO PARKING BEYOND THE TIME LIMITS; ALL DOGS ON A LEASH; NO -PARKING SIGNS IN DESIGNATED AREAS; NO U-TURN SIGN PLACED IN FRONT OF DRIVEWAYS, IF APPROPRIATE; NO TRESPASSING SIGN ACROSS THE RAILROAD TRACKS, IF IT 1S ILLEGAL. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO AMEND THE PARKING RESTRICTIONS FROM 8 A.M. TO DUSK. Councilmember Wilson said dusk is a vaguer concept and open to more frustration, interpretation, and problems than a specific time limit. Chief Prinz inquired if an ordinance could state that the definition of dusk would be when street lights are on. Councilmember Wilson inquired if dusk would create any problems for the Police Department. Chief Prinz replied negatively. He said dusk is published in the paper daily. Councilmember Wilson said lie would yield to dusk. Councilmember Dwyer said dusk was not an incom- prehensible standard because we function under a variety of different statutes and rules in the operation of motor vehicles. He expressed concern that residents are not left worse off than initially, and he also wished to accommodate photographers wishing to capture a sunset shot. MOTION CARRIED. Councilmember Ostrom said although this is the best proposal before the Council, it still does not address the concerns of the public. He said he would not vote in favor. Coun- cilmember Kasper said he would vote in favor of the amendment and the motion. However, he felt the right-of-way aggravates the situation. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO AMEND THE MOTION TO INCLUDE A TRIAL BASIS UNTIL SEPTEMBER 5, 1986. MOTION TO AMEND CARRIED, WITH COUNCILMEMBER JAECH AND COUNCILMEMBER OSTROM OPPOSED. Councilmember Dwyer said the proposal does not discharge the City from the responsibility of enforcing its criminal ordinanc- es, specifically with regard to trespassing. Fie said he was voting favorably because it is an improvement to the present situation. Councilmember Wilson said he felt enforcement would be enforced in a direct and positive manner, and many of the problems will be solved. MAIN MOTION, AS AMENDED, CARRIED, WITH COUNCILMEMBER JAECH AND COUNCILMEMBER OSTROM OPPOSED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADJOURN THE MEETING. MOTION CAR- RIED. The meeting adjourned at 11:37 p.m. * See Minutes of March 10, 1986 PARRETT, City Clerk EDMONDS CITY COUNCIL MINUTES Page 12 MARCH 4, 1986 4�� ;- CARRY S. fJAUGHTEN, ayor