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19700616 City Council Minutes• ,FIREWORKS.STAND PERMITS Six applicationsafor fireworks stand permits had been inspected and recommended for approval by Fire Chief Cooper. They were: Jobs Daughters Bethel #50 ' 8401 Main Street (Tradewell Lot) Jobs Daughters Bethel #5 22828 _ 100th Ave. W. (Westgate Thriftway lot) Holy Rosary Parish Sunset &,Dayton (Safeway lot) Edmonds Jaycees Robinhood Lanes parking lot Edmonds Jaycees 5th Ave. & Howell Way (A & P lot) Edmonds Boys Club 505 Fifth Ave. S. (7-11 Store lot) It was moved by Councilman Nordquist, seconded by Councilman Kincaid that the above fireworks stand permits be approved. Motion carried. SET HEARING ON 6 YR. STREET ARTERIAL PROGRAM As requested by the City Engineer, a motion was made by Councilman Nelson, seconded by councilman Kincaid that hearing on the 6 year street arterial improvement program be set for June 16. Motion carried. Because of the hour, a motion was made and seconded to adjourn, and carried with Councilman Nelson voting against. • Meeting was adjourned at 11:10 P.M. o � Irene Varney MoraneCity Clerk H. Harrison, Mayor June 16, 1970 ROLL CALL The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison. at the Edmonds Senior High School Cafetorium with all councilmen present. APPROVAL OF MINUTES Minutes of the meeting of June 2 had been posted and mailed, and with no omissions nor corrections, they were approved as written. PRESENTATION OF POLICE DEPARTMENT CERTIFICATES OF MERIT Mayor Harrison introduced five young men in the audience. He cited the young men in their act of heroism andaid to the City of Edmonds on the 29th .of May. At that time they ran down, apprehended and held a burglar until the police arrived-. They later identified an -accomplice. Mayor Harrison presented Certificates of Merit to Steven Andersen, William Stuckey, Jeff Champine, Larry Andersen and John Martin and expressed histhanks on behalf of the City of Edmonds. • PR'SENTATION: DONALD TUSON, 20 YEAR COUNCIL MEMBER Acake with twenty candles was presented to Councilman Don Tuson, commemorating his twenty years as an Edmonds City Council member. Mayor Paul McGibbon officiated when Councilman Tuson was seated as a Council mamber representing the 3rd Ward at the June 20, 1950 Council .meeting. Mayor Harrison presented Councilman Tuson a Certificate of Appreciation signed by the Mayor and all the Council members. HEARING: ON RESOLUTION ##225 - TO.ANNEX PORTION OF R/W ON EDMONDS WAY, WEST OF HIGHWAY 99 City Engineer Leif Larson explained that the proposed annexation of R/W on Edmonds Way from 240�' to Highway .*99 was for protection for the Cities of Edmonds and Mountlake Terrace. The existing sewer lines* -and trunk lines are now placed there. If it is not annexed and the State Highway Department should decide to rebuild that highway it could mean the two cities would have to relocate all of the lines at &--cost of thousands of dollars to us. City Attorney John Wallace stated that a waiver from each of the three members of the Board of Review had been obtained. - A motion was made by Councilman Haines, seconded by Councilman Nordquist that Ordinance 1484. be passed annexing the RIW on Edmonds Way from 2401' to Highway 99. Motion carried unanimously. HEARING: ON..'6 YR. STREET ARTERIAL PROGRAM Engineer Larson explained the City is required to submit annually an up -dated 6 Yr. Street Arterial Program to the State Aid Office and the State Highway Department. This is the proposed program for the use of the 360 Gas Tax. Engineer Larson read the list ..of projects as proposed. This listing does not mean they are expected to be done in that order, but • only as a listing. Councilman Sanborn asked if the cost figures and dates had any specific -y 2 signifigance and was told that it was only the best estimate that they could make. Council- • man Sanborn stated that part of the program deals with the Comprehensive Thoroughfare Program and that he believed public hearings should be held to eliminate much future criti- cism on LID's, arterials, etc. Engineer Larson stated that that procedure should start at the Planning Commission level. Councilman.Nelson stated that the Planning Commission should have a general hearing and then schedule 1 or 2 arterials periodically during the year if there is interest. f not,.then proceed as planned.'\` Engineer Larson was asked about the listing of projects that are now underway, and answered that the projects remain on the 6 yr. street arterial program until they are completed. Councilman Haines moved, seconded by Councilman Nordquist that Resolution #227 be passed adopting the 6 YR. STREET ARTERIAL PROGRAM. Motion passed. A motion was made by Councilman Sanborn, seconded by Councilman Tuson to instruct the Planning Commission to hold a hearing to see if there are specific streets that have ques- tions on widths, sidewalks, etc. Roll call vote had Councilmen Sanborn, Nelson, Tuson, Slye and Haines voting yes, and Councilmen Nordquist and Kincaid voting no. Motion carried. Councilman Kincaid stated that he believed specific guide lines should be set down for the Planning Commission because hearings of this sort can last forever. PROPOSED ORDINANCE TO PROHIBIT USE OF MOTOR VEHICLES IN PARKS ANDPRIVATE PROPERTY ..ON WITHOUT PERMISSION OF OWNER. Louie B. May, 18831 Sound View Place, Edmonds spoke on behalf of the proposed ordinance. He said in thier neighborhood they had had a problem with motor bikes running in a vacant l.ot,. but that the problem had been resolved amiably.- He stated that he believed an ordi- nance should be passed to help the City control this problem. A motion was made -by Councilman Tuson, seconded by Councilman 51ye that Ordinance 1485 be passed prohibiting use of motor vehicles in parks and on private property without permis- sion of owner. Motion carried -unanimously. PROPOSED ORDINANCE TO PROHIBIT THE ILLEGAL USE OF ALCOHOLIC BEVERAGES IN PUBLIC PARKS Councilman Slye asked what the City hoped to accomplish with this ordinance. The State law now prohibits alcoholic beverages in public places, but the law is not enforced. Sgt. Moran, Edmonds Police Dept. was in the audience and answered that it was only enforced if in the possession of juveniles or if people were disturbing the peace. He stated that if this ordinance was enacted that it would have to be enforced. Councilman Sanborn said he did not believe it should be against the law to have alcoholic beverages in your possession. Councilman Sanborn moved the proposed ordinance be amended by deleting "or be in possession of". The motion was seconded by Councilman Nelson. Motion carried with six councilmen voting yes and Councilman Slye voting no. Councilman Sanborn moved, seconded by Councilman Nelson that Ordinance 1486 be passed as amended prohibiting the illegal consumption of alcoholic beverages in the City parks. Motion carried with six councilmen voting yes and Councilman Slye voting no. CONSIDERATION OF ADOPTION OF YOST PARK PLAN Park and Recreation Advisory Board Chairman Bill Phillips read a letter from the Board recommending the adoption of the proposed Yost Park Plan. He stated that the Student Environmental Action Committee asked to be heard by the Board and that they had been scheduled but because of a misunderstanding on the date had not appeared. He said.they again were scheduled for the June 10 meeting and several of the members had appeared. They had not been able to obtain the assistance from the University of Washington that they had anticipated and that really very little study had been done. Mr. Phillips stated that with the proposed plan 75J of the park would be left in its natural state, with only • clearing of some underbrush, trails and an occasional picnic table. Of the 48 acres in- volved only about 12 acres would be developed in the southwest corner. Councilman Haines said he believed the public should be heard at anytime they have a proposal to be made concerning the park. Mr. Phillips said the Park Board would be open to any good ideas concerning the park. Councilman Slye said he did not see why any plan would have to be adopted now. Mr. Phillips said the City must take the first step in order to go on to further planning. David M. Larson, 21100 - 86th Place W. asked if the plan was confined to the property now held by the City. He was told that it included only the proposal as stated on pages 6 through 11 in the Comprehensive Park Plan. Mr. Phillips asked about the storing of City materials on the property and was told by Chief Administrative Officer Lawson that the City is negotiating with Union Oil for property to store the materials. Until negotiations are completed the materials cannot be moved. Councilman Sanborn moved, seconded by Councilman Nordquist that the proposed plan of Yost Memorial Park be adopted. Motion carried with six councilmen voting yes and Councilman Slye voting no. POLICE DEPARTMENT NEGOTIATIONS Councilman Kincaid reported the negotiations committee of the Council and Police Department had reached agreement based on the Educational Incentive Program, and been accepted by all Parties. It was moved by Councilman Kincaid, seconddd by Councilman Tuson that the Educa- tional Incentive Program of the Police Department be adopted. Motion carried unanimously. Councilman Kincaid asked that the discussion of Yost Valley area lying between Yost Park site the Pine Ridge Park site be slowed down to give the adjacent residents a chance to be heard. Councilman Kincaid asked to be excused at this tima • 93 FORMAL PRESENTATION AND ACCEPTANCE OF CAPITAL.IMPROVEMENTS PROGRAM Council committee of Councilman Nelson, Chairman, and Councilmen Tuson and Slye had re- viewed the plans of the Capital Improvements Program. Councilman Nelson said he believed that a flexible plan for spending for 1970 to 1974 had been arrived at -to be used as a guide. He said the financial consultants believed we should delay any funding because of the financial climate at this time. The projects for 1970 and 1971 are only involving -the Water - Sewer Department. Natalie Shippen, 1022 Euclid Avenue said that tYn original pro- posal set aside 5/ for physical improvements and would this figure still be used. She was told that there; -would actually.be more than 5% for physical improvements. It was moved by Councilman Nelson, seconded by Councilman Haines that the Capital Improve- ments Program of the City of Edmonds be adopted. The motion -carried unanimously. PROPOSED AMENDMENT TO AGREEMENT BETWEEN CITY OF ED14ONDS AND OLYMPIC VIEW WATER DISTRICT FOR SANITARY SEWER City Engineer Larson recommended this amendment be accepted subject to review of the entire contract on our present rate and subject to our financial consultants recommendations. Councilman Sanborn stated that he thought everything should be settled at once and not pass an amendment. He said he thought the 33 homes should be allowed to sign up, but not at the $1:75 rate. He also said he thought people outside Edmonds should have to pay as much as people who reside within the City limits. Engineer Larson said this should have no bearing as they would not be paying for the same things. Councilman Haines moved, seconded by .Councilman Nelson that the Council accept the amend- ment to the contract between the City of Edmonds and Olympic View Water District with the proviso the contract is to be reviewed by Foster & Marshall, our financial consultants. Roll call vote had Councilmen Nelson, Tuson, Slye and Haines voting yes, and Cancilmen Sanborn and Nordquist voting no. Motion carried. HORSE STUDY COMMITTEE REPORT City Planner Merlin Logan reported the Planning Commission had "acted properl.*, made their recommendation for passage of an ordinance to the Council. The Council in turn had denied the recommendation and had referred it back to the Horse Study Committee. He said he did not believe the matter should be referred again to the Planning Commission as the Council had already received their recommendation. A motion was made by Councilman Nordquist, seconded by Councilman Haines that the attorney be instructed to draw an ordinance on horses in accordance with the recommendation of,the Planning Commission. Motion carried. APPOINTMENT OF JACK MCLELLAN TO BOARD OF APPEALS Mayor Harrison stated the term of Sam Ewing had expired Dec. 31; 1969 and that he would like to submit the name of Jack McLellan for appointment to the Board of Appeals. A motion was made by Councilman Nelson, seconded by Councilman Haines that the 4ppointment of Jack McLellan to the Board of Appeals be confirmed. 'Motion carried unanimously. FINAL PLAT OF O'MALLEY'S ADDITION - (CONTINUED FROM MEETING OF JUNE='.2) Engineer Larson explained that based on the Comprehensive Plan 91L Avenue is to have a 60 ft. right-of-way. His recommendation was that the developer dedicate 20 feet on 9111 and 5 ft. on Cherry Street, put in storm sewers in the existing ditch with asphalt and roll curb over top. • Hubert Jones, representing Mr. O'Malley spoke showing that 10' would make a 601R/W. He stated that Mr. O'Malley is willing to dedicate 20 feet if he does not"'have to do the im- provements or 10 feet and put in the storm sewer, roll curb and asphalt over storm sewer,',h Mr. Larson stated that the request for 20' was to enable the City to straighten the street somewhat. He said that now it would take 30 feet to straighten the street, but that 20 feet would make a much better alignment. The Planning Commission had deleted requirement of paving, but Engineer Larson recommended roll curb and asphalt over the storm sewer ditch. Councilman Sanborn asked if the possibility of a wedge shape dedication had beeh discussed, starting at 30 feet and tapering to 0 feet. Engineer Larson said he did not thing this would be a good idea. Councilman Haines moved we accept the Final Plat of O'Malley with the recommendations of the City Engineer. Councilman Slye seconded the motion. Councilmen Slye and Haines voted yes, Councilmen Sanborn, Nelson and Tuson voting no. Motion did not carry. Councilman Sanborn said that the dedication of 20 feet would make a 70 foot R/W. Engineer Larson stated that without checking the official map he could not say that we already have 50 feet. City Planner Logan said the Planning Commission required 20 feet to comply'with the Comprehensive Plan. There are houses and garages on the west side of the street so the street cannot be moved west. Mr. Jones asked that the Council accept the Plat subject to the right to subsequently esta- bl!ks# tie R/W and then the proper width would be dedicated. Councilman Haines moved the Council defer further discussion until the regular meeting,;of July 7. Motion died for lack of second. Councilman Sanborn stated this matter had been continued long enough and that Mr. O'Malley • should be given an answer tonight. • A motion ia6 made by Councilman Slye, seconded by Councilman Nelson that this item be moved to the bottom of the agenda. Councilmen Nelson, Tuson and Slye voted yes, Council- men Sanborn and Haines voted no. Motion did not carry for the lack of the necessary 4 affirmative votes. It was moved by Councilman Sanborn, seconded by Councilman Tuson that the Plat of O'Malley's Addition be approved with engineering standards established and only a 10 foot R/W dedicated if it brings it to the 60 foot standard. Councilmen Sanborn, Nelson and Tuson voted yes, and Councilmen Slye and Haines voted no. Motion did not carry for the lack of the necessaryoF 4 affirmative votes. A motion was made by Councilman Nelson, seconded by Councilman Tuson that the matter of the Plat of O'Malley's Addition be cpatinied to the next meeting. Motion carried. COUNCIL REVIEW OF FINAL PLAT OF HIGGIN'S ADDITION #1 City Planner Logan presented the final plat of Higgin's Addition #1 and recommended accept- ance. It was moved by Councilman Haines, seconded by Councilman Slye that the Final Plat of Higgin',s- Addition #1 be accepted. Motion carried. AUTHORIZE CALL FOR BIDS - SALE OF.CITY VEHICLES A motion was made by Co-.;ncilman Sanborn, seconded by Councilman Slye that Chief Administra- tive.Officer Lawson be authorized to publish a call for bids for the sale of six city .vehicles. Motion carried. FIREWORKS STAND PERMITS Three applications for fireworks stand permits had been inspected and recommended for approval by Chief Cooper. They were: Edmonds Boys Club Seattle Chapter Quarter Midget Association of America Amaranth Court #56 M4in Street & Bowdoin Way (Behind Shell Station) 226th and 76th West (North of _ Professional Building P,,,rking Lot at Crow Hardware It was moved by Councilman Nelson, seconded by Councilman Haines that the above fireworks stand permits be approved. Motion carried. APPROVAL OF TEMPORARY CONCESSION FOR JULY 4 A request, properly filed on city application forms, had been received from the American Legion Auxiliary for a temporary concession for the 4th of July, with locations at 420 Main St., City of Edmonds Sunset Beach, 200 Railroad Avenue and Edmonds City Park. It was moved by Councilman Tuson, seconded by Councilman Slye that the temporary concession for the American Legion Auxiliary be approved. Motion carried. AUDITING OF BILLS A motion was made by Councilman Haines, seconded by Councilman Slye that the following Water -Sewer Revenue Bond bills be paid: Tri-State Construction, Inc. $33,977.27, Estimate #1 Watermains and sewers on Bowdoin and Walnut; Department of Revenue $1,635.42, Lien on retainage of Dorcon, Inc. by State of Washington Dept. of Revenue; Tri-Sta.te'Construction, Ind. $24,318.86, Estimate #2 Watermains and Sewers on Bowdoin and Walnut; Rei&,-1 Middleton & Associates, Inc., $2,801.05, Engineering services - 76+h W., not chargeable to UAB funds; Reid, Middleton & Associates, Inc. $1,845.74, Interim billing for engineering, design of outfall sewer extension; Daily Journal of Commerce $33.60, Publication fees - Notice of bid call for outfall extension; Edmonds Tribune Review $10.15, Publication fees - Notice of bid call for outfall extension. Motion carried. It was moved by Councilman Haines, seconded by Councilman Slye that the following LID bills be paid: LID #108 - $100.00 to James A. Murphy, Legal services (Imhoff, 1969) terminating in payment; LID #139 - $46-.88 to James A. Murphy, Legal Services foreclosures, terminating in settle- ment: LID #152 - $46.87 to James A. Murphy, Legal services foreclosure terminating in acquisition of property; LID $;64 _ Ewing Electric, Inc. $8,575.84; and the City Clerk be authorized to issue interest bearing warrants to Grande & Co., Inc. in the amount of $4,904.52 (3,671.32 already in fund), to cover this bill; s LID#167 - Western Sewer & Construction Co., Inc. $7,318.97, Contractor's Estimate #3 (semi- final), (this payment is subject to clearance by the City Attorney) and the City Clerk be authorized to issue interest bearing warrant to the City of Edmonds in this amount to cover this bill; is 1 • 1 0 • u 1 LID #178 - James A. Murphy $1,750.00 for legal services, and the City Clerk be authorized to issue interest bearing warrant'to the City of Edmonds in this amount to cover this bill; LID #180 - Edmonds Tribune Review $26.25 for legal publications; and the City Clerk be authorized to issue interest bearing warrant to the City of Edmonds in this amount to cover this hill; Motion carried. A motion was made by Councilman Haines, seconded by Councilman Slye that vouchers #10834 through #10974 in the total amount of $138,018.71 be approved and the City Clerk be author- ized to issue warrants in payment of these regular monthly bills. Motion carried. CLAIMS FOR DAMAGES Claims for damages were acknowledged from Mrs. Frank Pettygreve and Mrs. Donald Martin. These were referred to the City Clerk for processing. DISCUSSION OF YOST VALLEY AREA LYING BETWEEN YOST PARK SITE AND PINE RIDGE PARK SITE Stanley Riddle, attorney for Wayne Smith told the Council that his client would like to have his property platted. He stated that the Planning Commission would meet the next night and would like to have some ideas the Council might have on this subject. City Planner Logan said that he recommended 10 or 20 foot wide trail R/W through this area, and that with lining it up on the road it would not damage the property. Mayor Harrison said he felt that it would be best if the Planning Commission decided on a plan before the Council makes any decisions. Councilman Haines stated that the Council has discussed trails in the past, but should give some guide lines to the Planning Commission. Richard Swanby said that they have twice offered 60 feet to the City in lieu of payment of assessments. Councilman Nelson said he thought the problems of trails should be solved at this time so the Planning Commission would know at their meeting. Councilman Sanborn said Council policy would not nail them down so changes could not be made. Dave Larson said if a trail system were put in without further access then the City would have a policing problem. If it is left as private pro- perty then they at least have the right to fence it off. He said he believed the most important item at this time is a plan of access should be devised for Yost Park and the valley area. At this time Mayor Harrison continued the discussion of Yost Valley area to a recessed meeting on June 23. REQUEST FOR CONCESSION - FUND/WAYS Aletter was read from Fund,AUays asking for permission to have a concession stand at the Union Oil Beach. They said they had talked with Union Oil Co. and had been told the City of Edmonds had leased the property and negotiations should be made with the City. It was moved by Councilman Slye, seconded by Councilman Tuson that the City of Edmoiads grant a concession to Fund/Ways at Union Oil Beach for the summer season. Motion carried. RESOLUTION OF INTENTION FOR UAB STREET IMPROVEMENT FOR WALNUT BETWEEN 7t AND 9'h A motion was made by Councilman Slye, seconded by Councilman Tuson that Resolution of Intention #232 be passed to improve Walnut Street between 71b and 9Lh with paving, side- walks, curbs and gutters. Motion passed. ORDINANCE TO AUTHORIZE EXPENDITURES FROM THE WATER -SEWER DEPARTMENT FROM FUNDS RECEIVED • FROM FEDERAL AND STATE GRANTS. Councilman Tuson moved, seconded by Councilman Nelson that Ordinance #1487 be passed to authorize expenditures from the water and sewer department from funds received from Federal and State grants. Motion carried unanimously. SET DATE FOR HEARING ON PLANNING COMMISSION RESOLUTION #333, PROPOSED REVISED DEVELOPMENT STANDARDS FOR DUPLEXES AND APART!rENTS. It was moved by Councilman Haines, seconded by Councilman Slye that Planning Commission Resolution #333,- proposing revised development standards for duplexes and apartaents be set for hearing August 4, 1970. Motion carried. PRESENTATION OF LETTER OF I14TENT TO COMMENCE ANNEXATION PROCEEDINGS - (NORTH SIDE OF 224!b S.W., JUST EAST OF HIGHWAY 99 IN UNINCORPORATED AREA BETWEEN EDMONDS AND MOUNTLAIE TERRACE) City Attorney John Wallace explained the proposed annexation. He said this property is contiguous on two sides to the City. This proposed annexation of 2.4 acres and under the present County zoning would then join the 5 acres already annexed and all: would be zoned RMH. He said the sewer lines now in would handle the annexation, but that water lines would have to be put in. A motion was made by Councilman Haines, seconded by Councilman Slye that all property within the territory hereby sought to be annexed shall be assessed and taxed at the same rate and on the same basis as property within the City of Edmonds for any now outstanding indebtedness of said City, including assessments -or taxes in payment of any bonds issued or debts contracted, prior to or existing at the date of annexation. Motion carried. u It was moved by Councilman Tuson, seconded by Councilman Nelson that the proposed annexa- tion be set for hearing July 7- Motion carried.. • A motion was made by Councilman Tuson, seconded by Councilman Nelson that the meeting be recessed to June 23 at 7:30 P.M. and that the parties interested ih the. Yost Valley area lying between Yost Park Site and Pine Ridge Park Site be notified. Motion carried. was r cessed at 11:55 P.M. -Petie E. Hendrick, Deputy City,/Clerk H. Harrison, Mayor RECESSED MEETING June 23, 1970 ROLL CALL Recessed council meeting to complete the unfinished agenda from June 16 was called to order by Mayor Harve Harrison with Councilmen Nelson, Tuson, Slye and Haines present. CO2RESPONDENCE A letter was read.from Jerry Russell, Sanitary Technician, Environmental health Division of the Snohomish Health District, stating he had received complaints from residents at 8128 - 200th S.W. as to probable diverted drainage easement flooding their property. He mentioned that no health hazard was found, but wished to be in- formed as to whether this is city property, and the findings. This was referred to 1 City Engineer Leif Larson to answer and inform the District of the city's drainage • plans. A letter was received from N. Richard Forsgren, Chairman of the Board of County Commissioners, bringing up-to-date data on the status of Phase II of the area -wide Snohomish County Sewer and Water Program (WASH-USE-1), to provide the county with a long range development program to 1975 and 1990 for water, sewage, storm water systems and solid waste disposal. This would involve a grant from HUD, and the municipalities in the county had been asked to contribute financially to the study. It stated that the municipalities' contribution is 14.4o per capita, which would bring Edmonds' share to $3,510.00. Engineer Larson stated that since the City of Edmonds was at the present time repaying borrowed money from HUD for plans that we already had accomplished, he felt we should not be charged the same as other cities with no plans, and although we have an interest in the study, Edmonds should be given credit for any data which we have already paid for. This was therefore re- ferred to a council work session for study and discussion. Michael F. Moynihan, Attorney for Marvin E. Smith, wrote a letter to council com- plaining about the off-street parking requirements for the building under construc- tion on Main Sti.:eet just east of the old Safeway Store being met by subleasing of space from present tennants to the east of them. As requested, the letter was read and acknowledged for future reference. A letter was read from Robert E. Leaver, Secretary of the Board of Certification for the American Water Works Association, commending City of Edmonds employee George Fisher for his interest in taking a water works course at Everett Junior College and then passing the examination for Water Works Specialist III classification. Mr. Fisher is employed by the sewage disposal plant and therefore cannot be officially certified unless currently employed in the water works field. However, the Board commended him and will issue an official certificate of competency when he meets the • experience requirements. RESIGNATION FROM CIVIL SERVICE COMMISSION A letter of resignation from the Civil Service Commission was received from Meredith Stokes, effective as of June 16, 1970- Mayor Harrison accepted with regret Mr. Stokes' resignation, and a motion was made by Councilman Nelson, seconded by Councilman Tuson that a Resolution of Commendation be written for Meredith Stokes. Motion carried. COUNCIL PARTICIPATION Councilman Tuson brought to the attention of council and city staff the excessive speed of the freight trains passing through Edmonds, and felt someone should register a complaint from the City. DISCUSSION OF YOST VALLEY AREA City Planner Merlin Logan gave a short history regarding the Yost valley area lying between the Yost park site and Pine Ridge park, including the discussions held in the past and as to the implementation of the comprehensive plan. The Park Board had asked for the acquisition of this valley for park purposes and the Planning Commission recommended acquisition of a 33' strip for a trail through the area. Stanley Riddle, attorney representing Wayne Smith, property owner in the area, stated his client hoped to divide his property into five lots and would not be in a position to dedicate property to the city. He also added that Mr. Smith, if prevented from developing, could sue for damages and he had in fact an application for subdivision before the Planning Commission at the present time. Mr. Bennett Box, property owner in the valley, stated that he was aware of several bad exper- •