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19730522 City Council Minutes460 was accompanied by another letter signed by several residents of 9th Avenue North. He asked -that these be added to.the records of the minutes and they are on file along with other data on this plat. Mike Herb, 940 Grandview Street said he was here for three reasons; that he has known Mr. Echelbarger a long time, he lives close by and he has represented one of the sellers of the property. He said they had done all they could to cooperate with the City, and he feels that the only real worry of the neighbors in that area, is that the law is not being followed. He said no one is trying to violate the law and he is here to support the application. Mr. Everett Johnson, 1527 - 9th Avenue North, explained his part in this matter in the past. Linda Bailey, 1570 - 9th Avenue North, said that she was concerned about this property and about the law. She said she questions the acceptance of this plat by the Planning Department. Further, she said her points refer to that portion of the Edmonds City Code entitled "Subdivisions", Proposed Plat Requirements, 12.08.340, which was exerpted in its entirety in a letter dated May 14,• 1973 addressed to members of the City Council and presented to them. so that they could refer to it. A copy of this letter is also on file in the City Offices. Wayne Meyers,.850 Northstream Lane, said that he thought Mr. Echelbarger had done the best with what he had to work with. Capt. Shields said he thinks this plat would be an asset to the City. There was some further discussion, during which the Deputy City Attorney explained that the Planning Commission could not proceed with their hearing on the Plat of Somerset until the Council takes action on these four items. A motion was made by Councilwoman Shippen that the variation from the 50' right-of-way requirement not be granted. After a great deal of discussion, Mayor Harrison asked for a roll call vote. Councilwoman Shippen and Councilmen Nordquist and Tuson voted "yes" and Councilmen Gellert, Nelson, Anderson and Winters voted "no". Motion failed to carry. Councilman Nelson made a motion that Variation #1 regarding P-4-73, Plat of Somerset,' with the street width of 44 feet with the indicated easements be granted. The motion was seconded by Councilman Gellert and passed. A motion was then made by Councilman.Gellert and seconded by Councilman Winters to grant a variation from the requirement of 10% additional area on corner lots. There was some discussion by Council. Mr. Robert Murphy, 751 Northstream Lane also thinks the developer has done what he can do.with this plat, and he supports it. Mr. Lovell, with Reid, Middleton said that the code mentions that a corner lot should be a minimum of 70 feet wide, but he does not feel that this refers to 12,000 sq. ft. lots, because the minimum width of any lot in 12,000 sq. ft. zoning is 801. Following a roll call vote the motion passed. Councilman Nelson, Tuson and Nordquist voted against. A motion was made by Councilman Nelson and seconded by Councilman Nordquist to accept the withdrawal by the applicants of the variations disapproved by the Planning Commission. Motion carried. (A complete recording of these proceedings is on file in the City Clerk's Office). PORPOSED AMENDMENT.TO ORDINANCE LIMITING PARKING ON PORTIONS OF BELL FROM SUNSET TO SECOND AVENUES. A motion was made by Councilman Tuson.and seconded by Councilman Nelson to pass Ordinance #1661 limiting parking on portions of Bell from Sunset to Second. Motion carried. CLAIMS FOR DAMAGES A claim for Damages from John E. Chilton in the amount of $93.75 had been received and was acknowledged by the Council and referred to the City Clerk's Office for processing. There being no further business to come before Council the meeting was adjounred. at 11:40 P.M. Eleanor Quealey,,Deput ity Clerk May 22, 1973 ROLL CALL Harve H. Harrison., Mayor The regular meeting of the Edmonds City Council was called to order at 7:30 P.M. by Mayor Harve Harrison with all council members present except Nelson, who arrived at 9:00 P.M. 11 1 0 1 • 1 1 0 • APPROVAL OF MINUTES 1 • 1 • Minutes of the council meeting of May 15 had been posted, mailed and distributed. Councilman Gellert noted that under the Shoreline Management discussion on page 3, it was not mentioned that he had.suggested having a representative from Burlington Northern on the committee. Councilman Nordquist also remarked that on page 1, under the approval of minutes, "chicken.tracks" should be in quotation marks. With no additional omissions nor correcti6ns; the.minutes were approved as corrected. COUNCIL PARTICIPATION Councilman Tuson stated that he had asked Allen Tuttle, Finance Director,.that. before the next water study meeting he would like a complete financial statement on the Water -Sewer Department; a year-to-date report. Councilman Nordquist made the statement that with due respect to former Council- man Jim Haines, the council respect the 11 P.M. adjournment time for all council meetings. Mayor Harrison reported that the quarterly meeting of the Snohomish County Cities and Towns would be held on Thursday the 24th at 6:30 P.M. at -Taylor's Landing -in Mukilteo. He said reservations must be made and asked who would plan to attend. Mayor Harrison said he would be going, and noted that Councilman Nelson was on the program, also a report on solid, -.waste disposal, Metro transit, and a report from Sally Wren on Senior Citizen matters. CORRESPONDENCE The City Clerk read a petition requesting an asphalt overlay on 201st S.W. west of 76th. This street is a deadend residential, and the petition was signed by the residents living on 201st west of.76th, complaining that the City has im- proved other streets -in the area while only maintaining theirs with patching and minimal repairs. It was noted.that this particular street was not on the present year's priority list at Public Works. CAO Ron Whaley told council that this street had been scarified and then oiled in.1971, while some other streets had not been touched. Councilman Tuson remarked that last week council had author- ized blacktopping of an area downtown in order to get parking off a residential street, and he felt that 210st should be.looked at. CAO Whaley said that the Director of Maintenance and Operation at Public Works would have to use the budgeted money to maintain.streets, and he had a full.program planned for use.of this money this year, with streets needing attention placed on a priority basis. Mayor Harrison brought up the matter of the cabaret license for La Casita.Restaur- ant, and the City.Clerk advised that the license would not be issued until she has received a release from the Building Department in connection with the re- modeling.. Mayor Harrison read a letter received from the Chairman of the Southwest Snohomish County Joint Planning Council, recommending that the Planning Council be formally dissolved and the monies presently in the budget be allocated to an appropriate use. The two suggestions for disbursement of these remaining funds had been to either return them to the original contributors or allocate the entire funds to the Snohomish County Metropolitan Municipal Corporation. Mayor Harrison reported that he had been the only member at the last meeting to vote to allocate the funds to Metro; all others had voted to return the monies to the original contributors. A draft of an agreement accompanied the.letter, to authorize the Snohomish County Auditor's Office to transfer all funds remaining in the Council's budget to Metro. Mayor Harrison, noting that all other jurisdictions wished the.funds returned, recommended that council move to dissolve the Southwest Snohomish County Joint Planning Council. A motion was therefore made by Councilman Nordquist, seconded.by Councilman.Anderson that the City of Edmonds agree to formally dis- solve the Southwest Snohomish County Joint Planning Council and the motion, carried. A letter from L.W. Hanvey, 608 Sunset Avenue, was read. Mr. Hanvey appealed to the council to take some action against the unnecessary traffic on Sunset to and from the ferry dock. Mayor Harrison said he lived on Sunset and agreed with Mr. Hanvey; that it is a shame to permit the ferry traffic to use this street and some effort should.be made to keep the traffic properly routed. Councilman Tuson said. he felt it was a matter of properly signing the area and he had already spoken to the City Engineer about this. Mayor Harrison inquired what was holding up the installation of a sign at Third and Casper, and CAO Whaley answered that the Highway Department was supposed to provide this sign.. The Mayor asked the CAO to find out if the Highway Department is aware that they must provide this. Mayor Harrison read a letter from the Executive Director of the Snohomish -County Council on Alcoholism, asking the Mayor to appoint or designate a responsible and interested person as a Director on the Board from Edmonds. The Mayor noted that officers from the Police Department had attended, and they felt it was not a valuable use of their time. Therefore, an attempt should be made to suggest someone else to represent the city, and perhaps a retired person would be inter- ested. The Mayor asked that he be contacted with any suggestions. CAO REPORT • CAO Ron Whaley suggested that a date be set for hearing on the water system im- provement. Councilman Gellert moved, seconded by Councilman Tuson that June 12 be set as the date for hearing on the water system improvement. Discussion fol- lowed. Councilman Tuson said he felt there shauld be another work meeting held prior to the hearing. CAO Whaley stated that he would develop a written report to be presented to council members before the hearing. Mayor Harrison said he had contacted the Fire Chief and requested an estimate be'made on the rating change and savings. Councilwoman Shippen noted that there had been discussion of preliminary legwork with the citizens out in the northend, and Councilman Nordquist suggested that since the council meeting location would have to be moved away from the Civic Center because of the Arts Festival, why not move the meeting to the Meadowdale area and perhaps have the next meeting in another area for the purpose of explaining the program to the people. Councilman Gellert asked if it was necessary for two or three hearings on this. It was scheduled for one hearing, and Councilman Gellert repea+ed his motion, seconded by Council- man Tuson that the hearing date be June 12. Following some further discussion, the motion carried with Councilman Nordquist-voting against. Rod Garretson, Director of Parks and Recreation, reported to council that in the past week they had experienced their first serious accident, a near drowning, at Yost Park pool. However, due to the thorough training of the pool staff by the Edmonds Fire Department, the pool staff was able to resuscitate the person, and the Fire Department then arrived and took over. Director Garretson said he felt the excellent training given the park and recreation staff by the Fire Dept. had saved this life. City Engineer Leif Larson reported that at a meeting with the Highway Department in December, the city and Highway Dept. had agreed on the signing for the ferry traffic. He explained that there was to be a short section for one-way traffic on Sunset during the holiday period, and then that was removed. He added that there was another meeting two weeks ago -dealing with other problems connected with ferry traffic situation, and he would direct another letter to the Highway Department stating remaining problems. Councilman Tuson mentioned placement of an arrow at Third and Dayton that turns traffic down Dayton. Engineer Larson and council members then engaged in discussion on operational problems. The.Mayor. asked Engineer Larson about the sign at Third and Casper, and was assured that the Engineering Department would check into this area. Councilman Tuson made the suggestion that on Friday night before a long weekend, at about 4:00 or 5:00 P.M., the city should station a policeman at the intersection of Third and' Dayton to reroute traffic at that point, since this can be charged to the ferry. Councilman Anderson inquired if there was any way to notify the people involved in the water hearing about the June 12 hearing date. It was answered that the news media usually gives this.extra publicity. Councilwoman Shippen said that when candidates run for office, people have coffee hours for the neighbors to meet the candidates, and perhaps these coffee get-togethers would be a good way for councilmembers to go and explain about this situation. She remarked that they would have to be invited, and less than four councilmembers could attend at one time. PLANNING COMMISSION RESOLUTION NO. 408 Council had referred a rezone request for Lot 23, Solner's Five Acre Tracts to the Planning Commission on April 24 for a hearing at their earliest convenience and a report back to council at this May 22 meeting. - Planning Commission Resolution No. 408 was presented to council, recommending approval of a proposed amendment to the official zoning map to rezone from CG to RMH the property located near the hospital (Lot 23, Solner's Five Acre Tracts) and described in Planning Commission File No. R-1-73. City Planner Joe Wallis projected slides on the screen, showing the area near the hospital, the zoning map of the vicinity, and views of the site. He explained that the proposal now was to rezone from CG to RMH and this would be more in line with the proper use of land surrounding the hospital. Councilwoman Shippen asked if this would conform to the comprehensive plan and Mr. Wallis answered that yes it would. Mayor. Harrison remarked that he had spoken with the administrator and found that the hospital feels that this would be a compatible use of the land - (proposed nursing home and apartments for the elderly, by the applicant). City Planner Wallis noted that there had been no protest at the Planning Commis- sion hearing, and the vote by the Commission had been unanimous. He added that there were two structures proposed for the -site: (1) a nursing home, and (2) an apartment unit designed specifically for retired people. There was a discussion on parking requirements, and the Mayor suggested that perhaps the Planning Com- mission should consider provisions for less stringent parking requirements for this type of .studio apartments. Councilman Tuson inquired how many beds there would be in this.proposed nursing home, and was answered.160. He then asked how many parking spaces were required for this, and was told one parking space. for 5 beds.and one for each.permanent employee. Councilman Nordquist at this point stated that the question before council tonight is only on the zoning of this property, not on what will be built.there. He felt council was wasting time discussing this, because the property could be rezoned and sold tomorrow. [I Is 1 1 0 • 4 6` 3 Some further discussion followed, and it was then moved by Councilman Nordquist, that because of (1) compliance with the comprehensive plan, and (2) since the vote by the Planning Commission was unanimous, he would move to adopt Planning Commission Resolution No. 408 and pass Ordinance #1662, to rez one from CG to RMH property described in'Planning Commission File R-1-73. Motion was•then seconded by Councilman Anderson and carried. Attorney Bill Wilson, representing the applicant, stated that in.response to the discussion on thb parking, page 25 of the zoning code provides for off- street parking for dwelling units, and mentioned that the city recognizes that nursing homes and retirement apartments are special situations, and if the applicant wants to lessen the parking spaces required, he would have to go before the'Board of Adjustment for a variance. SECOND READING: PROPOSED ORDINANCE REGULATING DOG LICENSE FEES Proposed ordinance on dog license fees came before council for second reading, and it was moved by Councilman Nordquist, seconded by Councilman Gellert.that proposed Ordinance #1663 be passed, providing for the licensing of dogs, de- fining offenses, describing penalties, and establishing impounding charges and fees. Councilman Gellert acknowledged receipt of a letter from Mrs. Knouse in regard to kennels, and he stated that kennels were not allowed in residential zoning,' Mrs. Knouse, in the audience, asked that the proposed ordinance be read, and the Mayor did this. She then said that this does not pertain -to a commercial kennel, but that a private kennel should have a license. Attorney John Wallace advised that there was nothing in the ordinance to permit kennels in areas -not zoned for them; also that a kennel must have a business license. • Following discussion, vote'was taken.on the motion and it carried. Mayor Harrison referred the proposal from Mrs. Knouse to the Animal Control Officer for a recommendation and council would consider this at a later date. CONSIDERATION OF REQUEST FOR RESOLUTION FOR RECOGNITION OF SNOHOMISH COUNTY SENIOR'SERVICES AS OFFICIAL PLANNING AGENCY FOR AGING FOR THE SNOHOMISH COUNTY PLANNING AND SERVICE AREA Mayor Harrison reported that he had discussed this itme with the City Attorney and the CAO. He said he felt the recommended resolution is agreeable with the addition as follows: "Be it resolved by the City Council of•the City of Edmonds, Washington as follows - that the Snohomish County Seni6r,Services, under the . auspices of the Recreation Department of Snohomish County, be recognized as the official Planning Agency for Aging with the Snohomish County Planning and Service area. Provided, however,'that this resolution shall not be construed as a grant of authority to said Snohomish County Senior Services to act in the name of the City of Edmonds nor to make application for state or federal matching funds or grants without the prior consent and express authorization of the City." Following discussion, it was moved by Councilman Tuson, seconded by Councilman Nordquist that proposed Resolution #280 (as amended) be passed. Motion carried with Councilwoman Shippen voting against. PROPOSED ETHICS ORDINANCE The'proposed Ethics Ordinance had been continued from the meeting of April 24. Mayor Harrison stated that this agenda item had been postponed until later in the evening so that Councilman Nelson could comment. However, he reported that • the question Councilman Nelson had was whether or not this proposed ordinance would become a duplication of the present state requirements. Councilman Nordquist remarked that he would be interested to see how the controversy over, #276 comes out. Councilman Gellert said he supports the proposed ordinance with the elimination of Section 4, Paragraph 1.14.030, Paragraph A, which he feels duplicates 276. Discussion followed, during which time it was noted that 276 would undoubtedly be appealed to the Supreme Court. Dr. Anderson had not re- ceived a copy of the proposed ordinance, and Councilman Nordquist therefore felt action should be postponed on this. Councilman Nelson then arrived, and commented on the proposed ordinance, noting that he felt it was duplicating the efforts of 276 to be imposed by the state. He stated he was a proponent of 276 and had voted in favor of it., He added that it would perhaps be well to wait and see how'276 works out, and then the City can go ahead and prepare something and avoid duplication._ Following further discussion, a motion was made by Councilman Nordquist, seconded by Councilman Nelson to postpone this agenda item on the•proposed Ethics Ordinance to the meeting of August 14. Motion carried. EQUAL OPPORTUNITY PROGRAM CAO Ron Whaley reported that at the council meeting of.February 20, the motion was made that the administration make a survey of the labor force in the city and that all entrance tests be reviewed. He.stated that it was assumed that this motion was directed toward the establishment of an Affirmative Action Program for the City, and he therefore offered a report for council considera- tion. Mr. Whaley said he had requested and received,.in response to his question on the need for an Affirmative Action Program, a letter from Howard B. Strickler, 46 • Director of the Washington Local Government Personnel Institute in conjunction with the Association of Washington Cities. CAO Whaley:then read the letter from Mr. Strickler, which was quite lengthy. He then went on to explain that what the letter is suggesting is that an employer should, by one means or an- other, isolate and correct personnel practices which.may cause problems. To accomplish such a plan, someone within the city's administration should be given the responsibility and power to carry out the required action. But in reality, the Mayor, as the Chief Executive of the City, is ultimately respon- sible. For the council to merely pass a resolution declaring its intention not to discriminate is not sufficient. Specific action will be needed to implement a plan and this can only be accomplished by assigning specific responsibilities to particular individuals within the existing administration. He noted that an Action Plan had some misconceptions associated with it; the most common relating to quotas. Quotas are illegal. An Affirmative Action Plan can work to insure a personnel system based on merit. Some cities may get into problems by not understanding how to comply or by complacency. However, to merely say we do not discriminate is not enough. Mr. Strickler said if he could be of further assistance, he would be happy to have Mr. Whaley contact him. CAO Whaley then went on to read from a report which he had prepared and copies of which would be distributed to council. He defined and explained what the Equal Opportunity Act of 1972 was and how it had been adopted and.conformed to by other cities. He noted that a guide will be published and available in the near future. Mr. Whaley gave the present status of the City of Edmonds in re- gard to hiring, etc., and then stated that after reviewing and summarizing what he believed to be the intent of the E.E.O. Act as it sets forth goals for local government, then reviewing the action of other local governments and the present standards and practices of the City of Edmonds, it was,his recommendation that the City of Edmonds adopt a "Policy of Employment Practices" as set forth in an' attached report which he planned to submit for council review and consideration. He also said,he had attached to'this report a proposal for implementation if the policy as proposed obtains council concurrence. CAO Whaley's Policy for Fair Employment Practices listed guidelines for employment, promotion, testing, training, service and employee conduct, review and evaluation, cooperation with human resource organizations, an action program, contractor's obligation, and posting of policy. In regard to the implementation of the Fair Employment Practices Policy; he touched on recruitment, planning, testing, training, review and evaluation, supportive action. Included in the CAO report was a table of present city employees, showing full time permanent, full time temporary, part time, total male, total female, the male percentage, female percentage, male supervisory, female supervisory, male supervisory percentage, female supervisory percentage, single, married, and head of household. This was broken down into departments. The last page of the CAO report showed the total population of Edmonds according to the 1970 census and the'number or percentages of black, Spanish American, other races, unemployment percentages in various groupings, and income information. CAO Whaley stated to council that this was a complicated subject and following his recommendation that we initiate an Affirmative Action Program, he suggested council discussion and study and hopefully following review, the matter could be brought up again next week. Discussion was held on the establishment of a committee to review the situation prior to establishing a program. Councilman Tuson asked if the city hasn't more or less followed along these suggested guidelines. It was noted that as far as Civil Service is concerned, some have stated that this, under the LEFF Act; is discriminatory. Councilwoman Shippen, in a letter sent to council members, has suggested the adoption of compliance with State, Federal and local laws of fair employment, and also to initiate positive practical efforts to insure equal employment opportunities by proceeding with a program of affirmative action to increase the number of women and minorities in all types of city positions. She had suggested that to draft an affirmative action program, a committee should be established that included the Mayor,' CAO, a Council member, and three or four women Staff members. Councilwoman Shippen had suggested that she, as the minority member of the council, should be the council representative. She was also very interested in this. Councilwoman Shippen then said that she felt an affirmative action program, even discussion of it, does not imply discrimination specifically on the part of the city, nor does it imply discontent of any of the personnel. It was simply federal direction, and would not be an easy problem to solve. She felt it would apply consistency, regardless of who the Mayor is, or who the CAO is, or who the department head is, there would be a well-defined policy of the city. It is the well-defined aspect of this that will give con- sistency to the solution of the problem that is really difficult to solve, and it will not happen overnight. She stated her policy says two things: (1) We shall comply, and (2) We also shall take an active approach'to the problem by adopting an affirmative action program. She thought the committee she suggested is quite appropriate. One final point she wished to make was that a list of present city committees shows the ratio of men to women as: Parks - 6 to 2; Board of Adjustment - 5 to 1; Planning Commission - 7 to 1; Council - 7 to 1; Space Needs - 5 to 1; Prior Study - 5 to 2; and the new Design Commission has 1 woman. Mayor Harrison remarked that perhaps if the city has a woman Mayor in the future, she would know more women than men. 1 1 L� 1 L� 1 1 0 n U 465 1 1 CAO Whaley said he wished to stress that quotas are out, and there should be no discrimination because of sex, national origin, etc. He felt it was important to the city to see that equal treatment and consideration is given to present employees, and the procedures to be established be -to ,not discriminate. Coun- cilman Gellert noted that .quotas are illegal, but goal's are not: He said that the table on present city employees in the CAO report was excellent, but he would like to see any minorities added to that table, since it would help the action committee in setting.its goals. Mr. Richard McKenzie, 9230 Olympic View Drive, spoke from the audience. He said he would like to answer Councilman Tuson's question on present city policy or the current, -program as -being in conflict with the affirmative action program, and he would like to answer that yes, it -is. He stated:•that,-he felt the letter,*_ from Mr. Strickler was contradictory.- His point of view was that the city should adopt an affirmative action plan because -presently minorities are•ex- cluded from the plan and this is the primary purpose of the Act. Mayor Harrison asked Mr. McKenzie what exactly is the definition of a minority? If you are not strictly a pure breed of some sort, -does that make you a minority? Is 25% of anything a minority? Mr. McKenzie answered that he is a registered Indian. At this point, Dr..Anderson commented that the federal policy on HEW recognizes, as far as Indian register is concerned, that 25% or more entitles them to whatever benefits accrue to that group. Mr. McKenzie said he would hope that the Edmonds City Council would adopt some plan, and he realized research must be done before adoption. Mrs. McKenzie, also in the audience, spoke in favor of adoption of a plan. Councilman Gellert mentioned that it might be a worthwhile addition to the committee to include a minority person. • There was much discussion, and following this, Councilman Nordquist stated that there had been a volume of information received tonight, so he would like to make a motion that council take the material home to study and place this item on the July 10 council agenda. The motion was seconded by Councilman Gellert and carried. Councilman Nordquist added that this be taken up early in the evening on July 10. I'. • 1 1 A member of the League of Women Voters, in the audience, told council that the League was studying the question of hiring of minorities, etc., especially as it,applies to the school district, and the same may be true in city government. She congratulated the council on their intent to study and act on this problem. Councilman Nelson remarked that it would be interesting to see what the League comes up with on their study. CAO Whaley noted that the Association of Washington Cities expects to have. available a model plan and model ordinance in the near future. There was no further business to come before council and the meeting was adjourned at 9:50 P.M. Irene Varney Moran,QCty Clerk Harve H. Harrison, Mayor May- 29, 1973 K�jr .r. � _,z rx. P The regular meeting of the Edmonds City Council was called to order at 1:30 P.M. by Mayor Harve Harrison with all council members present. APPROVAL OF MINUTES Minutes of the council meeting of May 22, 1973 had been posted, mailed and distributed. Councilman Tuson stated that on page 3 of the May 22nd council minutes he had made the comment about the sign being wrong down at 3rd and Dayton. He wanted to clarify that,the arrow was pointing the wrong way, which was south on 3rd, and it should.have pointed down Dayton. He said he had looked at it over the weekend and the'Police had two arrows, and it worked out real well. The minutes were then•approved as corrected. COUNCIL PARTICIPATION Gouncilman Anderson mentioned that last week the council had heard some corr- espondence•from some residents on 201st regarding street conditions. He inquired as to the policy,of the City in following up on correspondence to these people. City Engineer Leif Larson explained that this involves the annual budget for residential street maintenance.and that Engineering and Public Works usually work together on establishing a priority list. The Mayor then asked Mr. Larson to explain how they establish priorities on streets: Mr. Larson said that the Public Works Department and Engineering make a joint•inspection of the streets taking into consideration the condition of the street, amount of breakup that occurred during the winter, the amount of traffic on the street and the number of residents that complain about a certain street. He stated that the cost of maintenance is also considered. Mayor'Harrison inquired where the money comes from to take care of the streets. Mr. Larson said the %Gas Tax money has been used in the past for arterials and collector arterials, and then the Street u