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19720822 City Council Minutes• je�_,y Irene Varney Wran, City Clerk Harve H.'Harrison, Mayor August 22, 1972 ROLL CALL Meeting of the Edmonds City Council was called to order at 7:30 P.M. by Mayor Protem John Nordquist with all council members present except Nelson, who is on leave of absence and Mayor Harrison, on vacation. APPROVAL OF MINUTES Minutes of the meeting of August 15 had been posted and mailed. Mayor Protem Nordquist stated that on page one, paragraph three where a correction to the August 8 minutes was noted, the second to Councilman Haines' motion was not made by him, but by Councilman Winters. Minutes were then approved as corrected. ANNOUNCEMENTS Mayor Protem Nordquist reminded everyone that after September 5th all Council Meetings will begin at 7:30 P.M. and all meetings will be alike with regard to passage of ordinances, resolutions, etc. Mr. Nordquist mentioned that at. Staff Meeting today the Capital Improvements Review was discussed. The,review is close to reaching its climax and he requested • that Council Members submit any memos or recommendations as soon as possible. 1 1 Mr. Nordquist mentioned that while he'was in the City Hall today for a few moments he had the pleasure ofmeeting Col. Mikkelwaite who had come to the office to thank both the Police and Fire Departments for their response to an emergency call last weekend regarding a member of his own family. Col. Mikkelwaite thought that we at times take abuse, but thought it was in order for these departments to be commended. Mayor Protem Nordquist also.noted that as of Friday he will relinguish his duties as Mayor Protem to Gary Nelson, the original Mayor Protem. He thanked the Council and Staff for their cooperation during his tenure as Mayor Protem. INTRODUCTIONS Mayor Protem Nordquist, "introduced the CAO and members of the City Staff. At this point Councilman Tuson asked the Mayor Protem to introduce members of his family present in the audience. Mr. Nordquist then introduced his wife, Delores and children Linda, Peter and Jim. COUNCIL PARTICIPATION Councilman Tuson brought up the matter of the Yield Signs in place at 4th and Edmonds. He thought since this is a fire lane that Stop Signs should replaoe the Yield Signs. He therefore, -made a motion, seconded by Councilman Gellert to put Stop Signs at the north and south corners of 4th and Edmonds so that fire trucks could proceed to the waterfront without fear of an accident. After some discussion, the motion carried. Councilman Haines asked for clarification on the hours of Council Meetings. Mr. Nordquist replied that the next meetings in August would be at 7:30 P.M., the September 5th meeting will be at 8 P.M. and all others thereafter will be at`7:30 P.M. Councilman Haines noted the arrival of Commissioner Dick Forsgren. At this point Mayor Protem Nordquist also took the opportunity to welcome Commissioner Forsgren on behalf of the Council and City Staff. He also thanked the Commissioner for his participation in City programs. Councilman Haines mentioned at this time that 'there is a small portion of the road on 75th Pl.-W. (off 76th) that should be built up and smoothed out. Mr. Haines said he didn't know if CAO Whaley had gotten a chance to contact the Commissioner or the Road District about smoothing that area out, but thought this would be an ideal time to bring it up. -Mr. Whaley said what they are trying to do now is come up with an -estimate of where we have stopped on 76th going to North Meadowdale Road involving leveling and changing contours. However, this estimate is not yet ready. Councilman Gellert said that in talking to the CAO last week he indicated that with Engineer Larson's technical improvements, a through crossing at 76th and Highway 99 is again feasible. Mr. Whaley said since the last signalization . plan the 3M Company has developed a new directional lens. He thought perhaps a control system could be worked out at 76th and Highway 99.' Engineer Larson stated that the present plan is complete and ready for advertising. Councilman Gellert made a motion seconded by.Councilman Haines to reconsider and re -study 0 340 • the traffic situation at the intersection of Highway 99 and 76th for the poss- ibility of opening up a north -south passageway. Mr. Gellert noted that this is definitely the best route from Seattle into North Edmonds. Councilman Haines stated that there had been considerable discussion on this subject some time ago and there were various reasons brought forth at that time as to why this could not be done, one of them being the angle of the intersection. Mr. Haines then asked Engineer Larson if this has changed. Mr. Larson said that this would require further study regarding restriction of turning movements, etc. Some further discussion followed. On call for the question the motion carried with Mr,. Nordquist voting no. Mayor Protem Nordquist mentioned an item he would like discussed on a future agenda and that is the matter of people who are assigned to take over in the absence of department heads. He thought perhaps there should be some extra remuneration for these people since they are carrying a double work load. Councilman Tuson mentioned that he had been Mayor Protem several times and had never received nor expected to receive any extra pay as he considered it an honorary position. AUDIENCE PARTICIPATION At this timXcgTA ce Chief Les-Neuert took the opportunity to introduce two of his men atten in the meeting, Detective John Holleman and Kenneth Estes. Mr. Nordquist thanked the men for taking the time to -:come. REVOCATION HEARING: GUARDIAN AMBULANCE. INC. (CONTINUED FROM AUGUST 15) The Mayor Protem read a,letter dated August 22, 1972 from Guardian Ambulance, Inc. addressed to Mayor Harrison and the City Council. The letter stated that Guardian was voluntarily surrendering its license to operate an ambulance in the City of Edmonds. The letter stated that Guardian is no longer doing business in the City of Edmonds and this is the reason that the license is being surrendered. Councilwoman Shippen asked about the ordinance governing this issue with regard to felons operating an ambulance. City Attorney Wallace replied that this is just one of the items to which the City Council is to look in reviewing an applicant. Councilman Gellert said that in talking to the Police Chief he had made a good point of explaining why an ambulance operator should have an especially good record. This is because they are subjected to excessive pressures and temptations that the ordinary business man is not. Mayor Protem Nordquist then opened the hearing. Acting Police'Chief Les Neuert made a presentation regarding the revocation of the ambulance license of Guardian. He stated that he had a letter from the Internal'Revenue Service dated"August 10, 1972 showing that on March 29, 1972 they filed a lien against Guardian Ambulance in the amount of $3,195.72. This money was not available, so the IRS seized their ambulances, in a sense putting them out of business. On August 4, 1972 the IRS filed another lien in the amount of $1447.00 which is still outstanding. The Chief said he also had a letter from an insurance agent stating that as of June 1 the liability insurance of Guardian Ambulance was transferred to Lynnwood*Ambulance,'which would be a violation of the ordinance since they are not able to provide liability. In further support of this would be Mr. Hall's statement last week that Guardian was, in fact, no longer in business. Based on the above information, Chief Neuert requested official revocation of the license of Guardian. No one in the audience wished to comment and the hearing was then closed. A motion was made by Councilman Gellert and seconded by Councilman Tuson to revoke the license of Guardian Ambulance, Inc. as of this date for :the reasons as stated in Acting Police Chief Neuert's report mentioned above. Motion carried. CONSIDERATION OF THE APPLICATION OF LYNNWOOD AMBULANCE INC. The Edmonds Cilty Council accepted the withdrawal of the application of Lynnwood Ambulance, Inc. for an ambulance license based on the letter received this date from Gary Hall. It stated in part, "Lynnwood Ambulance hereby withdraws any application or request that it be licensed in the City of Edmonds". Some discussion followed concerning the lack of an ambulance service in Edmonds at the present time. Acting Police Chief Neuert said that we have already received inquiries from other companies, and that there has been talk that Stevens Hospital may start their own ambulance service. Following further discussion, Councilman Gellert made a motion seconded by Councilman Tuson to discuss the ambulance situation further on September 26th. Motion carried. HEARING: PLANNING COMMISSION RESOLUTION #387 - RECOMMENDING APPROVAL OF A PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE FROM .RML AND RZ-8 TO RD PROPERTY DESCRIBED IN PLANNING COMMISSION FILE R-5-72. (CONTINUED FROM AUGUST 15) The City Planner, Merlin Logan, stated that the applicant is Nord Homes and he reminded the Council that there was discussion last week about the potential amount of development on the property if it were rezoned from,RML and RS-8 to duplex. He gave fugures at that time indicating they could construct 26 or 27 duplex units, however they have submitted a plat which contains only 16 F_� 1 • fl • 1 1 31 lots. He said further that he had received an agreement in preliminary form stating that the developer will indeed file a document with the County limiting the use of the property to 16 lots. City Planner Logan feels it is the intention of the owner to carry through and establish this contract. Mr. Earl Cline, of Reid, Middleton and Associates, interrupted at this point to say that he had the signed copies with him. In answer to an inquiry from the Council, City.Attorney Wallace said the agreement just needed some minor re -working for the purpose of.clarification. Mr. Tuson asked if this would carry through to any future owner. Mr. Wallace replied that it becomes a covenant that runs with the land. After considerable discussion the hearing was opened.* Mr. Earl Cline stated that all his client, Nord Homes, wants is to get an approved plat with 16 lots and duplex zoning. He assured the Council that it was Mr. Nordstrom's intent to proceed immediately with this plat. No one else wished to comment and the hearing was closed. A motion was made by Councilman Haines and seconded by Councilwoman Shippen to instruct the City Attorney to draw up the proper ordinance to reflect the wishes of the Council to rezone the property to RD with a 16 lot limit and also a 32 dwelling limit. He added further that we have this drawn up and approved at the September 5th meeting. Councilman Haines inquired if he.could add that if the property was not developed within the specified time, if the zoning could revert to the present zoning. The City Attorney answered that at the expiration of the two year period the City would have the power to rezone if it wished. Following this the motion carried., CONSIDERATION OF PRELIMINARY PLAT'OF MAPLEWOOD P-10-72 (Continued'FROM AUGUST 15) • After- some preliminary statements City Planner Merlin Logan recommended approval of the plat. Councilman Gellert then made a motion seconded by Councilman Tuson to approve the preliminary plat of Maplewood subject to engineering and planning requirements and subject to the zoning in effect at the time of the development. Motion carried. HEARING: ON APPEAL FROM RECOMMENDATION IN PLANNING COMMISSION RESOLUTION #386 - RECOMMENDING DENIAL OF A PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE FROM BN TO BC PROPERTY DESCRIBED IN PLANNING COMMISSION FILE 'A-4-72. City Planner Merlin Logan stated that the Planning Commission recommended denial of this rezone by a vote.of 4 to 2. This property is in the Perrinville area and was zoned BN in 1964 along with several other areas, including the North Edmonds area at 196th. It was done to specifically allow and encourage'a very restricted type of business establishment on a small scale in residential -areas. Concerning this particular piece of property, Mr. Logan says he questions the legality of the City approval of this rezone, because it would give one property owner greater development rights than anyone else in the surrounding area. He said the'city could possibly be taken to court for establishing a spot rezone. In reply to a question from Councilman Tuson, Mr. Logan answered that Mr. Ferrill, ,the owner'of the property, had two possible tenants. One would be a motorcycle repair shop and the other an auto repair shop. Mr. Tuson stated that it would depend on the property development of the property for that use. Councilman Haines noted that for a number of years this property was a service station, but that it was essentially a repair shop. Mr. Forsgren said that the corner is an eyesore and by no reasonable stretch of the imagination could the area be considered residential. He stated further, tfiat- Mr-:".Ferrill'�is...,a'successful • business man and a member of the Snohomish County Planning Commission, so he is sure Mr. Ferrill would not operate a business that would be a detriment to the City of Edmonds. At this time the hearing was opened. Mr. Cecil Ferrill stated that he definitely would like a rezone on the property so that he could develop it. He said he has received calls from time to time from persons asking him to beautify the corner, but of course cannot afford to remodel the building unless he has a tenant to go in there to bring the money back in. Councilman Gellert asked if Mr. Ferrill thought a motorcycle repair shop would be excessively noisy. Mr. Ferrill assured the Council that he would be willing to abide by any noise restrictions in effect. Following further discussion the hearing was declared closed. Councilman Haines wondered if we could have a contract rezone, since the only item before the Council is -the one corner and this way we could put noise control in the contract. Mr. Logan suggested that a better way would be to amend the zoning -,ordinance to allow certain auto repair activity conditionally in a neighborhood business zone, subject to the Board of Adjustments' review. A motion was made by Councilman Haines to instruct the Planning Commission to hold hearings on amending the ordinance on neighborhood business to allow auto repairs in that zone by Conditional Use Permit. At this point the chair asked the City Attorney if we should vote on this motion or handle the agenda item first. Mr. Wallace answered that the agenda item should be voted upon first. Therefore, a motion was made by Councilwoman Shippen to uphold the Planning Commission denial on the proposed amendment to the official zoning map from BN to BC the property described in Planning Commission File R-4-72. Councilman Gellert seconded and following a roll call vote'the motion carried with Councilman Tuson and Councilman Winters voting no. 0 3.12 LJ At this point Councilman Haines restated his motion. Councilman Gellert seconded•., Then Councilman Gellert amended the motion adding that we instruct the Planning Commission in their review of the permitted uses as far as automobile repair shops that they give consideration to the scope of the repair and the noise level. Councilwoman Shippen seconded the amendment. Councilman Winters then made an amendment to the motion that the square footage of the building be taken into consideration in that study also, and Councilman Gellert seconded. Both amendments carried. The motion as amended then carried with Mayor Protem Nordquist voting no. Councilman Haines made a motion seconded by Councilman Winters to instruct the Planning Commission to proceed with this study in a most expeditious manner. Motion carried. PRESENTATION OF PETITION FOR ANNEXATION - ANCHOR BOAT SALES Mayor Protem Nordquist presented a petition for annexation from Anchor Boat Sales. He also read a letter from Burlington Northern to Jim Murphy.asking Mr. Murphy to place before the Council a petition regarding certain Burlington Northern property to be annexed to the City of Edmonds. It has been signed by Mr. R.L. Merklin, Vice President of the company. A motion was made by Councilman Tuson and seconded by Councilman Haines that the City Attorney draw an ordinance for annexation of this property and set hearing for September 19th. Motion carried. DETERMINATION OF STREET PRIORITIES FOR USE OF FUNDS FOR UNDERGROUNDING Councilwoman Shippen presented to the Council some suggestions on street priorities for undergrounding. She said we do have money for this activity and thought • we should begin to think about how to spend that money in the wisest way possible. She said she used five standards -namely: the view corridor, is it a city entrance, are improvements scheduled on it, is it a commercial street and are residents interested. She chose.six streets that fall in this category. She proposed the following in order of priority: 1. Main Street from 6th to the ferry. 2. Fifth South from new ferry overpass to Main. 3. State Highway north from Sunset to 88th. 4. Olympic View Drive. 5. Dayton from 6th to Railroad Avenue. 6. Olympic Avenue. Mrs. Shippen stated if these suggestions were adopted the next step to consider would be the cost and the formula for determining who pays what. She thought the formula for undergrounding heavily traveled streets should be different from that of a residential street. The final step would be assessing interest, either"',.the businessmen or residents who occupy these streets. Councilman Gellert suggested adding all blocks contiguous to Edmonds Civic Center and Third Avenue from Caspers to Main. Mr. Nordquist stated that he would like to see an overall useage of this money rather than just downtown. JoAnn Warner, present in the audience, stated that a major improvement has been made by -painting all of the buildings on Main Street and since it is the old part of town, and historic preservation is the big thing now, therefore we -could certainly use underground wiring on Main Street for a starter. She suggested Olympic View -Drive next since it is a scenic drive. City Engineer Leif Larson stated that some of these streets are included in the Capital Improvements Program, and it was his suggestion that we try to add these to the Capital • Improvement Program so that they can be evaluated and priorities be put on them with everything else in the program. After some Council discussion Mrs. Shippen stated that if this goes in the Capital Ii vemenit. Program it could stretch over an indefinite period of time. Councilman Haines stated that the downtown area has been discussed for years but we never got full cooperation of the people. He stated that if priorities are to be set the number of people using the streets should be taken into consideration. Councilman Haines made a motion to accept the criteria for establishing priorities as outlined by Councilwoman Shippen. At this time Councilman Tuson thought he should abstain from voting on this item since he is a property owner on Main Street. Mr. Haines noted that this is a policy matter which affects the whole city and not just one area, and as long as it is a policy issue he thinks no Council Member need disqualify himself on a policy matter. Councilwoman Shippen seconded the motion. After further Council discussion Councilman Gellert made an amendment to the motion that a specific list of priorities be established as part of the formal Capital Improvements Program, to be reviewed annually, which 'lists undergrounding in order'of priorities. Councilman Haines seconded and the amendment carried. 'The motion as amended then carried. SENIOR CITIZEN CENTER: REPORT ON BUILDING PLANS AND CONSIDERATION OF $100,000 COUNCILMANIC BONDS. CAO Ron Whaley stated that at a recent meeting with people from the Senior Center we submitted comments to Harry'Nelson, architect, from various departments in the City regarding steps to be taken to bring the buildings up to code. Mr. Nelson had prepared some estimates together with a summary of total dollars involved. It boils down to a final figure of actual monies available in the area of $54,0.00 313 • to $60,000. Mr. Whaley said this is far short of the figure necessary to accomplish the work, which would be in the neighborhood of $200,000. Under the first phase using available funds these Items were considered: allowance for protecting west side of the building during high tide, addition to the sprinkling system, replacing the existing water main, exterior work on the block building. Mr. Nelson had prepared a rough draft of the specifications taking into consideration the require- ments of HUD. Also submitted at that meeting was a draft of a proposed agreement between the City and the architect for services. Mr. Whaley referred these documents to the Attorney for review. Also Reid, Middleton will complete land survey by end of the week. Mr. Whaley"stated that there are several forms and reports which the City will be required to submit. After talking with the legal department at HUD, Mr. Whaley stated that all HUD will require from the City is evidence that our intent is to follow through with financial support in.the terms of the $100,000 participation. Based upon this information, Mr. Whaley asked the Council to direct the City Attorney to prepare an ordinance for the authorization to sell $100,000 councilmanic bonds, and also recommend the bonds not be sold until such time as.they are absolutely required. Councilwoman Shippen asked if the parking requirements could be reduced and said she hated to have valuable land wasted. Mr. Tuson pointed out that we have to provide parking for people going to the beach, also. Following further discussion, a motion was made by Councilman Gellert and seconded by Councilman Tuson to instruct the City Attorney to draw up an ordinance authorizing $100,000 councilmanic bonds for use as matching funds on Edmonds Senior Citizens Center, .said authorization to expire one year after date of ordinance if Federal grant has not been received by this date. Councilman Tuson then made a amendment seconded by Councilman Gellert to instruct the City Attorney to draw an ordinance authorizing the sale of $100,000 councilmanic bonds, and that said bonds not be sold until such time as • the City of Edmonds has received grant from Federal Government. The amendment carried with Haines voting no. However, the motion as amended failed.to carry. A motion was then made by Councilman Tuson to instruct the City Attorney to draw an ordinance for the sale of $100,000 councilmanic bonds with the understanding that the bonds will not be sold until such time as the City receives a grant from the Federal Government for the purchase of the Senior Center property. This motion died for lack of a'second. A motion was then made by Councilman Haines to instruct the City Attorney to draw an ordinance for the sale of $100,000 councilmanic bonds with the understanding that the bonds not be sold until Federal grant has been authorized. The motion was seconded by -Councilman Winters and the motion carried. CONSIDERATION OF NAME CHANGE FROM SUNSET BEACH TO BRACKETT'S LANDING Director of Parks and Recreation; Rod Garretson, reported that the Park Board wished to retain the name of Sunset Beach and suggested that perhaps a plaque could be erected saying Brachett's Landing in parentheses indicating the site of the landing. Mrs. JoAnn Warner mentioned that she has been attending a siminar conducted by three members of the Historic Preservation Office from Washington, D.C. She mentioned the red book which is going to be ready for distribution on.the 1st of July 1973. In this manual all of the sites and buildings are listed that have gone through the mill up to that time. If we do not have Brackett's Landing settled by this time then it will go into the books as Sunset Beach. She feels that Brackett's Landing sets the tone of the whole historic picture. Merlin Logan spoke in support of Mrs. Warner's request. Mrs. Warner said a bronze plaque could be erected on the site of the landing. These plaques cost $75.00. A gentleman in the audience commented that he did not think it • was a good idea to put up a plaque since he had noticed in Seattle that many were mutilated or removed. A motion was made by Councilwoman Shippen that the. -name of Sunset Beach be changed to Brackett's Landing. Councilman Tuson seconded the motion, which then carried. ACCEPTANCE OF FINAL PLAT OF "SHARON HEIGHTS NO. 3" A motion was made by Councilman Haines and seconded by Councilman Winters to accept the final plat of Sharon Heights No. 3. Motion carried. COUNCIL ACCEPTANCE OF PHASE IA, 9th AVENUE UAB Mayor Protem Nordquist read a map from Assistant City Engineer Dick Allen addressed to him and the City Council stating that Universal Utility Contractors, Inc. has completed the portion of 9th Avenue between Caspers Street and Fir Street. Mr. Allen recommended that the work be accepted by the City as complete and set the 30 day retainage period at this meeting. Retainage in the amount of $27,245.05 is being held in an escrow account. Following some Council discussion a motion was made by Councilman Winters and seconded by Councilman Haines to accept Phase IA, 9th Avenue UAB. Motion carried. CAO REPORT Mr. Whaley brought to the Council's attention an opportunity to have the B.A.R.S. explained to them. It is a one day 4 to 6 hour seminar being primarily put together by the Association of Washington Cities. It is being held thoughout the State at various locations. The local meetings will start at 10 A.M. One will be on September 1.2th at the Lynnwood City Hall and the other on October 11th 314 • at the Holiday Inn in Everett. Mr. Whaley said that Mr. Nordquist had told him that he had picked up quite a bit of information during the past three weeks that he has been working more closely "with the City Staff. He stated that he had become enlightened on the detail and work load that some of the Staff is involved in. Mr. Whaley then urged the Council to attend these siminars. One other thing that Mr. Whaley brought up is a problem Frith a particular type of business. This 'is a vending type of operation and the licenses that we have do not really apply to this type of activity: -.He askedlthe.Council to think about their investment in the community. Should it perhaps be a 'franchise? He asked what the Council's wish was in establishing controls, etc. on this type of vending operation. After some discussion it was decided to check and see how this situation is handled in Seattle. Councilman Haines asked about the information that had been passed out to the Members by the CAO. Mr. Whaley said it was to indicate what our requirements are going to be in the future to pay off all bonded indebtedness and this was indicated on a graph. Discussion followed. Councilman Gellert announced that he will be unable to attend the Capital Improvements Meeting as he will be out of town. Councilwoman Shippen took this opportunity to thank Mayor Protem John Nordquist for -his efficient conduct of the Council Meetings. There being no further business to come before Council the meeting was adjourned at 10:55 P.M. Irene Varney Mo n, City Clerk August 29, 1972 RnT.T. CAT.T. Harve H. Harrison, Mayor Meeting of the Edmonds City Council was called to order at 7:30 P.M. by Mayor Protem Gary Nelson, with all council members present except Gellert, who was out of town and Mayor Harrison, on vacation. APPROVAL OF MINUTES Minutes of the August 22 meeting had been posted and mailed. Councilwoman Shippen noted that on Page 5, Paragraph 2 of these minutes, it was not indicated that she voted no on the main motion asking the Planning Commission to hold hearings on amending the ordinance on neighborhood.business to allow auto repair shops by Conditional Use Permits. Minutes were then approved as corrected. Mayor Protem Nelson suggested that the Council move down through the agenda, and then go into the Mayor's Office for the Capital Improvements discussion. In addition, Councilman Nordquist suggested that we move Item 10, the CAO Report to follow the Audience Participation portion of the agenda. - COUNCIL PARTICIPATION Councilman Tuson offered a suggestion that the galvanized light standards on Sunset Avenue and on 9th Avenue be painted. He said any color would be good as he thought galvanized standards look terrible after they start weathering. He mentioned the possibility of using the Fire Department Snorkle for this job. CAO Whaley stated that once these standards are painted it will become another maintenance program. Councilwoman Shippen asked that the City Council consider a noise ordinance, if for no other reason than to become aware of the complexities of this type of restriction. She thought it would be a good idea to begin a review of a noise ordinance before we consider the Planning Commission's hearing on the permitting of auto.repair shops in a Neighborhood Business Zone. Councilman Haines said he thought this was an excellent suggestion. A motion was made by Councilwoman Shippen and seconded by Councilman"Haines that we consider reviewing the poss- ibility of enacting a noise ordinance. Building Official, Harry Whitcutt, stated that the Building Department has asked the Planning Commission to review the ordinance in its present form. Mr. Tuson mentioned that some time ago: a situation had come up regarding a rock band performing in a culdesac, and at that time the City Attorney had said no one could define noise. What may be considered noise to one individual would not be considered noise to someone else. CAO Ron Whaley stated that the City of Lynnwood has enacted a noise ordinance,I and.last week he had asked the City Planner to get a copy of this ordinance and any others from surrounding cities so that we can review them. City Attorney John Wallace noted that it is extremely difficult to get a conviction, since you have to have the cooperation of the residents in the immediate vicinity of the noise, plus 'establish that the noise did exceed a certain level. Councilman Haines thought it still is a good idea to review this matter if for no other reason than to establish hours of the day that would be agreeable for certain activities. He noted that even the operation of power lawnmowers is disturbing to some people. On call for the question, the motion carried with Councilman Nordquist voting no. 1 0 1 1 1 0