19731023 City Council Minutes36
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Following discussion, a motion was made by Councilman Nordquist and seconded
by Councilman Gellert to accept the low bid, which is the alternate bid, of
Craig -Taylor Equipment Company of Renton for the John Deere Loader in the
amount of $25,798.50, including sales tax and without a tradein. Motion carried.
HEARING: PLANNING COMMISSION RESOLUTION #421
This matter is an appeal from recommendation to deny amendment to remove or
reduce the extension of 77th Avenue West to 206th Street SW from the Official
Street Map,. File ST-5-73.
City Planner, Joe Wallis, reported that the applicant originally was Mr. Ness,
and that this was for a subdivision and in conjunction with that there was a
question of the street. The subdivision came before the Planning Commission
in August and then there was a request to have a hearing on the Comprehensive
Street Plan and that was heard on September 12th. At this point, Mr. Wallis
projected slides on the screen showing the zoning and.various views of the
surrounding area. The Comprehensive Street Plan shows 77th as a 60' right-of-
way, and the request is to either remove the street from the Comprehensive Plan
or reduce the width to 501. Mr. Wallis felt there was no strong recommendation
for or against, however there is merit to having the street open for emergency
vehicles and for equalizing traffic movement. Following some more comments,
Mayor Harrison opened the hearing.
Chet Bennett stated that he was present to represent Mr. Ness. He said that
Mr. Ness is willing to do anything - put the street through, a pathway, etc.
There followed considerable discussion. Jerry Lovell with Reid, Middleton
said that they had about maximum lot yield right now. Alan Vadset of 20415 -
77th Avenue West mentioned several aspects in favor of opening the street,
including better access for emergency vehicles, better police protection,
better drainage, etc. There was also discussion regarding the alignment with
regard to the present street and the proposed extension. Mr. DiGeorgi, who
resides in the area, said that he was concerned that if there were an accident,
it would end up in his yard., Following further discussion, Mayor Harrison
declared the hearing closed.
A motion was made by Councilman Gellert and seconded by Councilman Nelson to
uphold the Planning Commission's recommendation to deny an amendment to the
Official Street Map to remove or reduce the extension of 77th Avenue West.
A roll call vote resulted in four against and Councilmen Gellert, Nelson and
Winters voting for. The motion, therefore, failed to carry. A motion was
then made by Councilman Tuson and seconded by Councilman Nordquist to amend
the Official Street Map reducing the width from sixty feet to fifty feet on
a portion of 77th Avenue West; and to instruct the attorney to draw the proper
ordinance. A roll call vote resulted in five votes for and Councilmen Gellert
and Nelson voting against. The motion then carried.
A motion was made by Councilman Nordquist
to adjourn the meeting because of the late
items on the agenda for next week, October
The meeting then adjourned at 11:10 PM.
Eleanor Queal y, Depu City Clerk
October 23, 1973
ROLL CALL
and seconded by Councilman Nelson
hour, and to place the remaining
23rd. Motion carried.
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Harve H. Harriisoh Mayor
Regular meeting of the Edmonds City Council was called to order at 7:30 P.M.
by Mayor Harve Harrison. All council members were present.
APPROVAL OF MINUTES
Minutes of the regular meeting of October 16 had been posted, mailed and
distributed. It was noted by Councilwoman Shippen that under the listing
of council committees, City Engineer Leif Larson should have been included
on the Solid:: Waste Steering Committee. It was also noted that on page 2,
under the hearing on the fountain at Fifth and Main, that W. Ward Phillips
should be corrected to read J. Ward Phillips. The minutes then were approved
as corrected.
COUNCIL PARTICIPATION
Councilman Anderson inquired, and stated that he was curious about the
amounts on the claims warrant register under #19178 and #19179, where there
was $1,660 paid for medical insurance and $1,795.50 for dental service; and
did the city pay more for dental than for medical. CAO Ron Whaley answered
no, but that the rates were for four different plans within employee groups,
and that all participate in the dental plan for $11.80 per month, whereas
all the group's medical plans vary. This would explain this particular diff-
erence on the warrant register as noted.
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Councilman.Tuson reported that he had received a telephone call this evening
from Glen Hill, former Supt. of Schools, who complained about the condition
of the sidewalks from Forsythe Lane north to the downtown business district,
and asked if something could be done to improve the situation. Mayor Harrison
answered that this is under study, and is imminent for consideration in this
particular area.
Mayor Harrison stated that he had three things to bring before council: First,
he advised council that he was reappointing Bill Phillips to the Park Board;
that this was a deviation from the old policy of not making reappointments;
but that he felt it was warranted in this case, and he asked for confirmation.
It was moved by Councilman Tuson, seconded by Councilman Nelson that the
Mayor's reappointment of Bill Phillips to the Park Board be confirmed. Motion
carried.
Secondly, the Mayor reported that he had received a letter from Gordon Maxwell,
Chairman of the Transportation Committee of the South Snohomish County Chamber
of Commerce, regarding the possibility of establishing pickup points for
motorists to share rides with -senior citizens. He stated that there was a need
for this service in south county, and asked if Mayor Harrison would discuss
this idea with the council and staff and advise if they felt the idea of benches
and pickup points was feasible. Mayor Harrison stated that he felt this was a
great idea, and the council should endorse it and authorize him to report that
they were enthusiastic about it. A motion was made by Councilman Gellert,
seconded by Councilwoman Shippen to endorse and support the shelters or benches
at pickup points for rides for senior citizens in.south county. Councilman
Nordquist mentioned the problem of advertising on benches in other cities, and
asked if we are -advocating any of this type of advertising at these pickup points.
• He added that he was -,,in favor of the shelter or benches, but against any adver-
tising. It was noted that it would take permission for advertising, and Council-
man Gellert explained that his motion was for shelters only, not advertising.
On call for the question, the motion carried.
The third item was a request from the City Engineer that a final assessment
hearing date of November 27 be set for LID 191, sewer project in the area
south of the Meadowdale Junior High. It was therefore moved by Councilman
Gellert, seconded by Councilman Nelson that November 27 be set as the date for
hearing on the final assessment roll for LID.191, and the motion carried.
AWARD OF BID ON WARRANTS AND BONDS FOR LID 192
Bids had been opened at 7:00 P.M. this evening by the Deputy City Clerk on
warrants and bonds for LID 192. Present at bid opening were the Deputy City
Clerk, Finance Director, Sergeant Greene of the Police Dept., and Robert G.
Bleck, President of Grande & Co., Inc.
One bid was received: Grande & Co., Inc. bid 100.03% of the par value for
bonds bearing an interest coupon rate of 6.40% per annum plus accrued interest
from the date of the bonds to the date of delivery. A certified check in the
amount of $10,000 accompanied the bid, to be retained by the city and credited
against the first warrants issued in case of acceptance of the bid.
Allen Tuttle, Finance Director, stated that he had discussed this bid with
Mr. Bleck, and although he felt it was a pretty fair bid, he would recommend
rejecting the bid primarily based on the fact that only one bid was received,
and he believed it would be to the city's advantage to sell the warrants to
people in the money lending business during the construction phase and after
that sell the bonds to a bonding house. He added that we would be selling
the bonds today at 5 or 6%, but he believed the city could get a fair market
in August when it was ready to sell the bonds. He stated he had contacted
one bank and a 5.24% figure was given for the warrants alone.
Mr. Bleck advised council that probably the only way we would know if the
city could save some interest would be to know what the interest rates
would be next August, and this would be an impossible guess on anyone's part;;,
He noted that the interest rates today were at their lowest in 4 or 5 years,
as shown by many current refunding bond issues being handled.
There was discussion, and Councilman Tuson made a motion that council accept
the recommendation of the Finance Director and reject the bid of Grande & Co.,
Inc. on the warrants and bonds for LID 192 and return -,the good faith deposit
of $10,000 which accompanied the bid. This motion died for lack of a second.
There was further discussion, and it was moved by Councilman Gellert, seconded
by Councilman Anderson to accept the.bid of Grande & Co., Inc. at an interest
rate of 6.40% for warrants and bonds on LID 192. This motion carried, with
Councilman Tuson voting against.
HEARING: PLANNING COMMISSION RESOLUTION 422
Hearing had been continued fnom October 16 on Planning Commission Resolution
#422, recommending approval of a proposed -amendment to the official street
map to reduce a proposed 60 ft. right-of-way to 50 ft. on 8th Avenue N. Between
Casper and Daley Streets, as noted in File ST-6-73.
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City Planner Joe Wallis stated that this had been initiated by the Engineering
Department, and that the basis of the recommendation was to conform to field
conditions and the existing development. He then projected slides showing the area
in question, and explained that the land use is RS-12 and RS-8. Mr. Wallis
recommended approval of the 50 ft. R/W.
City Engineer Leif Larson commented that the original proposal for this had been
50 ft. and that it served local access from Daley to Casper and was not intended
as a through street north and south.
Hearing was then opened. Dewey Leyda had a question on use of the area by the
Methodist Church. There were no further comments from the audience, and the
hearing was closed.
Councilman Anderson made a motion, seconded by Councilman Nelson to pass pro-
posed Ordinance #1681, amending the official street map by reducing the width
of the proposed R/W on 8th Avenue North between Casper and Daley Streets from
60 to 50 feet, pursuant to Planning Commission Resolution #422. The motion
carried.
HEARING: PLANNING COMMISSION RESOLUTION 424
Hearing was held on Planning Commission Resolution
of an'amendment to the zoning ordinance.to add to
auditoriums, and recreation facilities, including
use permits, and to add to section 12.16.070, the
churches, auditoriums, and recreation facilities,
stated in File ZO-4-73.
City Planner Joe Wallis stated that this had been
staff; that single family areas deserve protection
for these aforementioned uses; and he recommended
#424, recommending approval
section 12.13.040, (f) churches,
clubs, subject to conditional
table of conditional uses,
including clubs in RS zones as
initiated by the Planning
via the conditional'use control
approval of the amendment.
Hearing was opened. Al Kincaid mentioned that he was curious about clubs in a
single family area, and certainly an auditorium with its resulting parking could
have a definite impact on a single family zoned area. Mayor Harrison noted that
ifscouncil wished to further limit these uses, it could take separate action
to place the matter before the Planning Commission. J. Ward Phillips said he
hoped the council would take both actions as mentioned, and pass this tonight
as a stop -gap measure. Capt. Shields asked if this would eliminate that part of
church activity such as church clubs, if a later move by council were to.change
uses allowed in RS zones. The "grandfather" clause would, however, protect
churches now in these zones, and the church clubs associated with them. No one
else in the audience wished to comment, and the hearing was closed.
Following some further council discussion, a motion was made by Councilwoman
Shippen, seconded by Councilman Gellert to pass proposed Ordinance #1682, to
require a conditional use permit for the above mentioned uses in RS zones as
well as the zones where they are already required, pursuant to Planning Com-
mission Resolution 424. Following some discussion, this motion later carried.
Councilman Anderson stated that he felt a need to determine the whole picture,
and hoped the entire matter of the uses allowed in RS zones would be taken up
by the Planning Commission and then brought to council for study and revision
of the whole issue. Councilman Gellert said he felt a need to tighten restrict-
ions on an interim basis, however, and Councilman Tuson asked if a moratorium
could be declared until the whole situation is studied by the Planning Com-
mission. The City Attorney advised that this could not be done for this
situation. Following some further discussion, a motion was made by Council-
man Nelson, seconded by Councilman Anderson to refer to the Planning Com-
mission to explore the entire question of section 12.13.030 for further study
and obtain a definition of the categories of conditional use permits, namely
auditoriums and recreational facilities and clubs. Motion carried.
HEARING AND DISCUSSION ON PUBLIC PARKING PROPOSAL FOR DOWNTOWN AREA
City Planner Joe Wallis reported on the proposed plan as studied. He projected
slides showing drawings for two specific sites in the downtown area, one off
Fifth north of Main and one area between Second and Third and one half block
off Main. The slides as drawn showed proposed landscaping, entrance, and exit
plans. The recommendation included land cost estimates for this type of facility,
and other drawings showed potential sites which now exist as undeveloped pro-
perties.
There was a great deal of discussion and questions from both council members
and audience. Mr. Wallis explained that what was being shown tonight were
potential sites - logical sites - then cost analysis could be looked at. He
explained the drawings' entrance and exit patterns and the pedestrian walkway
area. Mr. Wallis then distributed diagrams with potential cost estimates and
further information on sites. This presentation was to outline objectives,
goals and policies. He then recommended that a plan be decided upon first, then
the method of financing. Mayor Harrison reported that the administration has a
financing plan in mind to present to council at a later date.
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Councilman Gellert brought up the question of a certain amount of single family
residences in the downtown business I area, and felt these lent character to the
city, and he would.not wish to see them eliminated for parking purposes. The
Mayor said he agreed if there are owners of the homes living in them; that the
properties should not be condemned unless the people wished condemnation. J.
Ward Phillips stated that there were deteriorating rentals in the area, where
the owners knew the property was zoned business, and therefor,:_let them go with
out repair, etc. Al Kincaid said that unless the city does some removal of older
homes, it cannot make a m4jor improvement, but of course this should be kept to
a minimum and done with discretion. Keith Rousu of the Talisman stated that
survival of the downtown business district depends on acquisition, and felt
council should try to work around the problem. Dave Larson said he felt it
was unfortunate to condemn homes of people living downtown, and he noted some
in his business area. However, he also said that one home is for sale'and
owned by someone in Seattle, and some other properties with houses are rentals
owned by estates. He felt these could be purchased at the appropriate time if
the plan is adopted.
James Martin stated that there was no great growth in the business community.
Marvin Smith asked for fairness, and he went on to bring to council attention
several areas which he felt were not up to code regarding off-street parking
requirements, and he said these inequities should be corrected before an off-
street parking plan is considered.
Peggy Harris stated that she.had been in business 18 years in downtown Edmonds,
and parking had always been a problem. She felt the city must have off-street
parking to survive, and lack of parking would contribute to a no -growth situation.
She added that she felt the business people were willing to cooperate to solve
the problem.
Mr. Jackson, Party Harbor, said a person would have to walk at least two blocks
to get to stores, and the downtown has to have adequate parking facilities for
customers in order to survive and to compete with such places as Aurora Village,"
where parking is no problem.
Attorney Charles Shepherd, representing Mrs. Matz, whose property is near the
Milltown development, stated that he thought the site on Third was excellent for -
parking, and he was in favor of that area as presented. Dewey Leyda told council
that the business people leave their own cars parked on Main Street, and should
remove them first and there would be more available parking for customers. Al
Kincaid said he had been told by the merchants that there was a definite parking
deficiency in downtown Edmonds and there was need for acquiring additional parking
areas. He added that contrary to a remark made earlier, Edmonds was certainly
growing; that there were 18 new businesses (excluding Milltown) located here
since 1971, and he felt this was a substantial increase.
Mayor Harrison reported that the city administration will present a financing
plan within two weeks. It was moved by Councilwoman Shippen, seconded by
Councilman Nordquist to request the administration to prepare and present a
comprehensive parking development plan and a financing plan; the first part
to be presented -.:on October 30 and progress reports from week to week until a
public hearing date can be set. This motion carried. It was decided that there
would be an introduction at the October 30 work meeting.
AMENITIES ORDINANCE - SECOND READING
• Second reading was heard on the proposed Amenities ordinance, and it wasrmoved
by Councilman Gellert, seconded by Councilwoman Shippen that proposed Ordinance
#1683 be passed, and the motion carried.
Councilman Gellert made the recommendation that the initial membership of the
Amenities Board.be drawn heavily from the original group who drew the ordinance.
PROPOSED SIDEWALK ORDINANCE
The proposed sidewalk ordinance came again before council. CAO Ron Whaley sug-
gested that under section 7.20.080, procedures and methods, etc., he would like
to see the 75% and 25% changed to 50%-50%, and also suggested some additional
wording to state where repair or reconstruction of the sidewalk is required as
a direct result of owner's negligence, the owner shall bear the entire cost of
the repair or reconstruction. There was discussion, and Councilman Gellert felt
the word negligence was good, and any action taken by the property owner subsequent
to the installation of the sidewalk would be paid by the owner. This would cover
tree planting (root damage) and other factors that might damage the sidewalk.
Councilman Nelson then made a motion, seconded by Councilman Nordquist to instruct
the City Attorney to redraft the sidewalk ordinance with comments from the
Engineer and Planner, and solicit comments from the council, and this be brought
to the November 11 work meeting. The motion carried.
At this point, Edmonds Chamber of Commerce President, Al Kincaid, invited all
present to attend the luncheon on Tuesday, October 30 at the Edmonds Yacht Club.
This is to be held on conjunction with the South Snohomish County Chamber and
Governor Dan Evans will speak on HJR 37. The luncheon will be $3.00
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PROPOSED ORDINANCE REGULATING MASSAGE PARLORS, ETC.
Second reading was heard on a proposed ordinance regulating massage parlors,
body painting studios, public bathhouses, and licensing their employees.
A motion was made by Councilman Tuson, seconded by Councilman Nelson to pass
proposed Ordinance #1684, and the motion carried.
PROPOSED ORDINANCE CHANGING TITLE OF CAO TO CITY ADMINISTRATIVE OFFICER
Second reading was heard on a proposed ordinance to change the title of
Chief Administrative Officer to City Administrative Officer.
It was moved by Councilman Tuson, seconded by Councilman Nelson to pass
proposed Ordinance #1685. Councilman Nordquist stated that he could concur
with the change, except that everything seemed to be labeled "city", and he
felt removing the word city from the title and calling it -"Administrative Officer
was better. During the discussion that followed, Councilman Tuson withdrew his
motion, and the second was withdrawn by Councilman Nelson.
Councilman Gellert said that keeping the word "city" in the title would allow
use of the abbreviation CAO to remain, and thus make the process simpler.
However, Councilman Nordquist made a motion, seconded by Councilman Anderson
to -instruct the Attorney to prepare an ordinance changing the title of Chief
Administrative Officer to Administrative Officer, and leaving off the "city".
The motion carried.
PROPOSED ORDINANCE TO REDUCE R/W ON 77TH EXTENSION •
Council action at the hearing on October 16 on Planning Commission Resolution
421 had instructed the City Attorney to prepare an ordinance to reduce the R/W
on 77th extension from 60 ft. to 50 ft.
Councilman Gellert spoke against the proposal. He felt it created a situation
for the developer to add a lot.- There was discussion on alignment of the street
by the developer. Councilman Nelson, during the discussion, asked that it become
a matter of record that Councilwoman Shippen said if the street comes back
curved, she would approve. This had been reversed, but was a misunderstanding.
Councilman Nordquist moved, seconded by Councilwoman Shippen to pass proposed
Ordinance #1685, to reduce the R/W from 60 to 50 feet. Councilman Nelson then
made a motion to amend to indicate that this was a first reading of the ordinance.
However, this motion died for lack of a second. Councilman Nelson then stated
that he felt the first reading did not include a discussion on the future neigh-
borhood and traffic conditions; the general safety, welfare and health of the
public; this disrupts the uniformity. of R/W plans in the city; it sets a precedent
of irregular boundaries for the streets and property lines; it presents problems
in setbacks for future buildings; and he felt he would rather deal with the whole
problem of the.'policy on R/W in lieu of a piecemeal approach to allowing a benefit
to a single property owner at this time.
Roll call vote was taken on the motion to pass the proposed ordinance, and re-
sulted in Councilmembers Tuson, Shippen and Nordquist in favor; Gellert, Nelson,
Anderson and Winters against, and the motion failed. The R/W, therefore, remains
at 60 ft. •
AMENDMENT TO FINAL APPROVAL OF PARKVIEW FIRS
This agenda item had been postponed from the meeting of October 2. City Planner
Joe Wallis asked council that the item be withdrawn at the request of the applicant.
It was therefore moved by Councilman Nordquist, seconded by Councilwoman Shippen
that the amendment to the final approval of Parkview Firs be withdrawn from agenda
at the request of the applicant. Motion carried.
STREET USE APPLICATIONS
Mayor Harrison asked council if it wished to review all the street use applications
submitted, or leave the decisions up to the staff and administration. There was
discussion, and Councilman Gellert expressed the opinion that until the Amenities
Design Board comes up with some designs, he felt the council would want to review
these, but the Design Board should make a policy, rather than take up individual
cases. City Attorney John Wallace advised that the existing city ordinance now
requires the council to consider all street use applications at a public meeting,
and he noted that adequate liability insurance, etc. should be required. City
Engineer Larson stated that he would recommend granting the first two, but he was
leery of the third, since whatever is done here should be done for every applicant,
and beyond that he had no objection. City Planner Wallis favored granting the
permit also on the third application, since he felt people have to watch out for
themselves, and sidewalk uses can lend flavor to the city.
(1) Window awning at southwest corner of Fourth and Main -
(Applicant - Henrietta L. Block)
Councilman Nelson moved, seconded by Councilman Anderson to grant permission for
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this applicant to have the awning as stated, but approved on condition that the
applicant indemnify and hold the city harmless from all claims arising out of
the use and provide adequate insurance for public liability and/or property
damage, naming the city as an also insured. A copy of such certificates of
insurance shall be delivered to the City Engineer and shall not be cancellable
without 10 days prior notice to the city. Motion carried.
(2) Marguee for new office building at 525 Main Street -
(Applicant - Sam Ewing)
A motion was made by Councilman Nelson, seconded by Councilman Anderson to
grant permission for the marquee for the new office building at 525 Main
Street, and the motion carried.
(3) Day time use of area between curb & sidewalk for wheelbarrow,
planters @ 529 Dayton - (Applicant - Jeremy McCreary, Bayside Used Furniture
Company)
It was moved by Councilman Gellert, seconded by Councilman Anderson to grant
permission for this application, not as a precedent, but as a trial subject
to cancellation at any time. Permission granted and approved on condition
that the applicant indemnify and hold the city harmless from all claims arising*
out of the use and provide adequate insurance for public liability and/or
property damage, naming the city as an also insured. A copy of such certificates
of insurance shall be delivered to the City Engineer and shall not be cancellable
without 10 days prior notice to the city. Motion carried.
PROPOSED AMENDMENT TO ENGINEERING CONTRACT WITH REID, MIDDLETON & ASSOCIATES, INC.
City Engineer Larson presented a proposed amendment to Reid, Middleton & Ass-
ociates contract with the City of Edmonds stating that the firm has requested
the amendment to the Engineering Service Contract Table B, which was attached
to the presentation. This gives the hourly rate for various engineering
classifications. A comparison of the proposed rates with the previous rates
and an indication of comparable rates of another engineering firm were also
included. These increases are being requested due to the rising costs and
higher wage scales that have occurred since the previous amendment in 1970.
Engineer Larson stated that.he felt the proposed rate changes are reasonable,.
and requested authorization for the Mayor to sign for Table B. '
A motion was made by Councilman Tuson, seconded by Councilman Gellert that the
Mayor be authorized to sign the proposed contract amendment of Table B for
Engineering services. Motion carried.
CLAIMS FOR DAMAGES
A claim for damages was acknowledged from Theodore Kohler, and this was referred
to the City Clerk for processing.
There was no further business to come before council, and the meeting was
adjourned at 11:20 P.M.
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Irene Varney Mor , City Clerk
October. 30, 1973
ROT,T. CAT,T.
Harve H. Harrison, Mayor
Regular work meeting of the Edmonds City Council was called to order at
7:30 P.M. by Mayor Harve Harrison. All council members were present, except
Nordquist and Winters.
APPROVAL OF MINUTES "
Councilman Gellert noted that on page 5, the paragraph on the Sidewalk Ordinance
did not contain a reference to a discussion on double penalties. He felt that
this was one of the reasons for asking the attorney to re -draft the ordinance.
The minutes were then approved, noting the omission.
COUNCIL PARTICIPATION
Councilwoman Shippen said that the question of horses in Edmonds has arisen again
at the Park Board. It had been pointed out that the University of Washington
property has ample space and it was suggested that it-libe investigated. Ron
Taylor, the Snohomish County Park and Recreation Director, will lead a walk
through that property on November 10th at 10:00 A.M. She urged that members
of the council attend. Persons participating are to meet at Perrinville. There
followed a general discussion regarding the possibility of bridle trails in
Edmonds' parks.
Mayor Harrison stated that he had a memo from the City Engineer addressed to
him and the council regarding the -State Highway Agreement for Utilities on
SR 104 from Westgate to 240th Street SW. The agreement was prepared by the
State Highway Department for the adjustment of the Edmonds -Mountlake Terrace
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