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HomeMy Public PortalAbout11 November 11, 1980 TC Minutes• Is 'SOWN OF YARROW POINT AGENDA - COUNCIL MEETING NOVEMBER 11, 1980 1. Call to order 2. ?Minutes of October 14, 1980 Council meeting 3. Police Report 4. Marine Patrol Report 5.; Request for proposed subdivision of land known as 3239 92nd Avenue N. E:� 6. Request for proposed subdivision of land known as 4615 92nd Avenue N. E. 7. Request for alternative barriers to swishing pool requirements by Dr. Bruce Neu - 4225 91st Avenue N. E. 8. Engineer's report *%* 9. Preliminary Budget for 1981 10. Appointment's to Planning Commission _ /ee A.4 LJ.Z-4 11. Clerk's Report - Shore -station permit % Corps of Fngineers Ordinance #194 _ Vacation, -Sick Leave, etc. - Review 12. Treasurerts Report 13. Vouchers 14. New Business 15. Old Business 16. Adjourn Lorraine M. Diede, Clerk/Treasurer 4&10to A as 500*7 h ¢ to *d ; TOWN OF YARROW POINT The regular meeting of the Council of the Town of Yarrow Point was held on November 11, 1980 at the Town office at 7:30 P.M. This meeting contains public hearings on two proposed subdivisions (1) Leslie McClinton (2) Clary Wright and a public hearing on the preliminary budget for 1981. Als6-Cou3icl1consi:der- ? 16f ,of ?a..nr:oposed Levy ,for,_1981. Notice of all were published according to law. This mtetin w s taped fo the ec rds. Those in attendance were 1inor . ,1Ie, Mayor; Council Larry Coleman, Robert Dahl, Dr. Melvin Freeman, Juanita Loder, Carson Wheeler; Engineer H. Allan Newbill; Clerk/Treasurer, Lorraine Diede; Planning Commissioner Clarence Flora, Assistant to the Clerk, Myra McEwan; Clary Wright and Leslie McClinton. The meeting was called to order by the Mayor. MIN'UTES OF THE PREVIOUS COUNCIL MEETING - OCTOBUR 14 1980 Carson Wheeler moved that the minutes of the Octo er 14, 1980 meeting be approved as presented. Second by Juanita Loder. Passed unanimously. POLICE REPORT No mem er of the Police Department was present to review the written report of activities for the month of October previously received by the Mayor and members of the Council. MARINE PATROL Review by King County of marine services for the months of August and September was sent to all Council members. It was noted that two warning citations had been issued. ENGINEER'S REPORT fan Ne i reported on the Coblantz drain at 9222 N.E. 37th Place. After discussion of what he has determined to date, he was advised to pursue the problem further. He will attempt to locate the white plastic pipe which has been.seen previously. The location of the downspout drains have been established and he thinks it might be possible to reroute the direction of those drains to alleviate the problem. firs. Coblantz seems willing to cooperate in finalizing a solution to this problem. Lorraine Diede reported that she had received a call that the catch basin on the north-west side of 92nd and 41st was overflowing again. This is the drain that rota -rooter worked on this summer. It has also been reported that several other catch basins were full to the top during the past rainstorm. Discussion on the possible causes mentioned leaves, sand, and collector problems or the possibility that the drain pipes are plugged. Allan NewbAll suggested that the Town might want to hire a company with high pressure hoses to wash out the drains. The streets need to be swept so that the leaves do not further plug the drains. Mrs. Diede will arrange for street sweeping as soon as possible, coordinating with Allan Newbill. The cost for painting white lines on the edges Of 92nd and Points Drive east and a couple of stop lines was estimated to be less than $1000 per a bid received from j Allan Newbill. Lorraine Diede reported her concern that the Town has only $2,000. in the street fund at this time but anticipates $1200. - 1500. more by the end of the year. Minor Life recommended that the Council approve the above project as a safety measure. There is more foot traffic on 92nd now and the days are shorter. The Council acknowledged the streets "should be swept and the white lines repainted as soon as possible, ii§ weather allows.- Page 2 Council Meeting Minutes 11/11/80 RETAINAGE HELD IN ESCROW FOR GARY MERLINO CONSTRUCTION COMPANY under the 1979 Street Improvement Project under the G. 0. Bond Issue. Allan Newbill stated he had reviewed all the work accomplished under this project and found it to .be to his satisfaction. He recommends release of the retainage mount. REQUEST FOR FIKkL APPROVAL - SUBDIVISION OF LAND KNOWN AS 3239 92nd Avenue N. E. BY CLARY WRIGIIT, NEPHEW OF ANNA WIC14M. ._ Lorraine Diede reviewed the above request for subdivision by Clary Wright. She stated that the Planning Commission has recommended to the Council, as per the Planning Commission minutes of 11/3/80, that the subdivision be approved. She noted that a letter had been received from our Town Engineer this evening - presenting his comments after review of the proposed subdivision. There were nine item listed. The Council discussed the letter as follows: Item #1 - 'The plat drawing must have a north arrow This should be added to the mylar drawing Item #2 _ The land use classification is not shown on the drawing, but is R-15. Mr. Newbill explained that this classification does not need to be placed on the mylar drawing. It is noted here for clarification. Item #3 _ The elevation contours have not been shown on any of the plat drawings. Mr. Newbill stated that elevation contours do not need to be included on the mylar drawing but that they should have.been presented to the Planning Commission at the time -of first considerations of this subdivision - in order to assist in planning storm drainage, if required, and for the Town files. Item #4 _ 'Me existing building (s) has not been shown with its relationship to tTe proposed lot lines Mr. Wright stated that the garage on Lot 2 is to be removed as soon as the new home on Lot 2 is finished. Mr. Newbill stated the garage does not need to be shown on the mylar for this reason. The existing house on Lot I should be shown in relationship to the proposed lot lines - the house outlined and arrows to property lines showing the existing setbacks. Item #5 _ The material. I received from the Town Clerk did not contain evidence from the City of Bellevue . at water service was available, nor was there a drawing showing.the pMosedservice. Mrs. Diede stated that there is a letter in the file from the City of Bellevue stating water service is available. She also reported that she had spoken to Darrell. Bunger of the City of Bellevue in regard to a drawing presented with the proposed plat showing how sewer connection was to be made. Mr. Bunger confirmed that the City of Bellevue had accepted the method of connection presented by Mr. Wright and would so advise the Town by letter. If construction is to be made into the street right of way, a street opening permit must be obtained from the Town Engineer.., 0 Page 3 Council Meeting Minutes 11/11/80 Item b - The hots are not simple geometric sha es. Discussion took place explaining that prior to the construction of Highway #520 this land was of a regular shape. When the freeway was built, part of the land was taken for the freeway. The land remaining in private ownership resulted in a shape of a triangle. The division of this triangle of land into two parcels necessitates dividing the land so as to accommodate the existing house on Lot 1. The Council acknowledged their agreement to accept the division of this land into ilessr�thanj.the-simple geometric shapes as outlined in Ordinance #65. Item #7 -- The total perimeter of Lot 2 exceeds five times the square root of e lox area. After discussion, the Council conclu6ed that a hardship exists on this land because of the shape that resulted when the State Highway tookt.,a part of this land,that was originally a regular shaped piece, to use for freeway purposes. Item #8 - It is unknown whether or not the exist meets the required setbacks structure on Lot 1 The Engineer for Mr. Wright shows the existing house setback at 22 feet from the north property line. The required setback according to Mr. Newbill is 30 feet After discussion, the Council determined that the existing house could remain at this non --conforming setback. All other setbacks on Lot 1 conform. Any future cons t€uction must conform with current ordinance requirements. The mylar drawing must show 30 feet as N. E. 33rd Street. All other setbacks the mylar. the required setback on Lot 1 -- off are 10 feet and must also be shown on Item #9 - T he setback from N. E. 33rd Street for both lots must be 30 feet. 1 of er setbacks would be 10 feet. Discussion. Item 9 is in conflict with the setbacks from the Town. Building Official who gave a setback of 25 feet off N. E. 33rd Street. He had averaged the depth of the lot and come up with a setback of 13 feet but increased that setback to 25 feet as Section 8.4.2.1 of Ordinance #225 states that no setback from a public street in a R-IS zone may be less than 2S feet. When the Planning Commission reviewed this request for subdivision at their November 3rd meeting, it was agreed that a recommendation would be made to the Council to approve setbacks aff Lot 2 only,to be at no point less than 19 feet and to average not less than 25 feet from the north property line. This was allowed because of the irregular shape of the lot. Discussion proceeded on whether or not the Planning Commission's decision should be further modified due to the corrected 'information that the setback off N. E. 33rd Street should be 30 feet instead of 25 feet. Mr. Wright stated *as per Sec. 81.4.4 of Ord. #22S Page 4 Council Meeting Minutes 11/11/80 at this time that he is now working with his second architect in an effort to design a house of average proportions that will fit within the setback area. The task does not seem to be possible and that is why he requested the lesser setbacks be allowed. He stated that any further restrictions of the Planning Commission's recommendation would conceivably make a "normal" house out of the question. Further discussion seemed to support this contention. The Engineer stated that the mylar of the plat should show the required setbacks off N. E. 33rd Street in detail by (1) removing the two 25' now shown (Z) drawing--�-----lines in the approximatelocation of.the setback line with an arrow directed off to the side that states "For building -setback requirement; 'see note below"(3) at some location on the mylar drawing of the division of the land include the following"wording: *At no point less than 19.feet and to average not less than 25 feet from the.north property line of Lot 2. All other setbacks to be 10 feet from property lines. Mr. Newbill stated that he did not take into consideration - or chose to ignore - Highway #520 as a right of way. Carson Wheeler moved that the Council accept the Planning Commission's recomenda- tion for approval of the subdivision presented by Clary Wright provided that all requirements of the Town Engineer are -met. The motion was seconded/and after no further discussion passed unanimously. by Robert Dahl It is to be noted that all setbacks are to be measured from the outermost extension of the structure to the property line. Mr. Wright inquired about storm sewer plans and was advised to present his plans to Allan Newbill for approval. REQUEST FOR TENATIVE APPROVAL - SUBDIVISION OF LAND KNOWN AS 4615 92nd AVF-. N.E. BY DR. LESLIE MCCLINTON - -- Lorraine Uiede reviewed the request by Dr. Leslie McClinton for subdivision of this land into two parcels. The property runs from 92nd N.E. to the water. The Planning Commission,r asnpexPth& minutes of their meeting of 11/3/80!; recommended to the Council that this request be denied. The application shows the existing house on the waterfront will be served by a long driveway off 92nd, twenty feet wide along the south Side where a present driveway now exists, The new lot will be located off 92nd Avenue N.E. with access provided from that street and the dimensions of the lot wil:libe 50 feet along 92nd N.E. and 300 feet towards the west. The guest house and garage are to be removed and a new conforming garage will be built on the lower lot at the N.E. corner to serve the existing house. The new house to be built on the upper lot will also meet all setback requirements. Dr. McClinton stated that he had contacted the neighbor to the North about the possibility of joining together so that a subdivision with more regular shaped lots might be made. The neighbor stated that he was not interested at this.time. Page 5 Council Meeting Minutes 11/11/80 The Planning Commission denied the request based on Ordinance #6S, Section 6.4.3, "Lots designed with long private driveways as a means to avoid the ded- ication of a public street, or a portion thereof, are prohibited, and the total perimeter of a lot shall not exceed five times the square root of the lot area." and Section 6.4.6, "Interior lots (lots not on a corner) shall be at least eighty (80) feet wide at the building line. Chuck Flora reviewed the Planning Commission's decision emphasizing the fact that the members believed the Ordinance was written in this m� to prevent land to be divided into lots requiring long narrow driveways. ey felt that there was no way to grant the request under the Ordinance requirements. Minor Lile commented that he was unaware of the perimeter rule (Sect. 6.4.3) and asked its purpose. Allan Newbill stated that he believed the effect was to keep the lots in fairly even sizes. Discussion took.place in regar4:,to the neighbors to the south who would prefer to see the driveway placed on the Forth side. Dr. McClinton stated that he did not wish to move his driveway to the North side of his property as this would be a financial hardship and he was not sure that it would be advantageous to the neighbors i�fio:bbject because of the possible loss of privacy since their door is only five feet from the property line. fie pointed out that there is sufficient area to allow the division and that there -is no other way to divide this parcel. He feels it will improve the property by removing the guest house and garage and improving the landscaping. Ittwas indicated that a review had been made of some previous plats and that the Planning Commission had Ahe perimeter rule in some cases. bmpi�;e Mel Freeman commented that there are nine criteria -for subdivision. In his opinion all but two of these have been met or do not apply. It appears that the two that a are not being met have been compromised before. It seems to him that it would be unfair to deprive a person with a large enough lot the right to divide. fie stated that 14 of 22 Lots on 91st and 92nd from 42nd to 47th do not meet the 80 feet requirement. However, all of these existed.prior to Town incorporation. Dr, McClinton stated that all power would be undergrounded from 92nd and that all structures would be conforming. The Engineen'ys comments contained in his letter of 10/13/80 were reviewed. He stated that he was not making a recommendation but he wished to point out some of the deficits. Lorraine Diede reminded the Council that this was only a request for tenative approval. and that it was her understanding that Dr. 'Kc- McClinton had not wished to go to further expense preparing detained Engineering drawings unless the Council gave an indication of their intention to grant approval to this Plat. Larry Coleman suggested that a better way to approach a decision would be to consider a change to the Ordinance. He feels it is very important to grant all residents an equal opportunity. He felt this may not be the case if this Yo request is granted now and in a few years a different Council makes a different interpretation in a similar situation. Allan Newbill recommended that the Planning Commission take a look at the Ordinance. Lorraine Diede stated that the Planning Commission is planning soon to be in the process of reviewing Ord. # 65. 40 Page 6 Council. Meeting Minutes.11/11/80 Discussion stated that the Council did not like to reverse the Planning Commission's advice but that sometimes when more facts become known the decision can be reversed. Carson Wheeler moved that the Dr. Leslie McClinton request for tenative approval of the property known as 4615 92nd N.E. be granted. Juanita Loder seconded. Passed 3 -2. Carson `Wheeler, Juanita Loder, Mel Freeman, yes; Bob Dahl, Larry Coleman, no. ALTERNATIVE BARRIERS FOR SWRVvIING POOL - 4225 91st N.E. - DR. BRUCE NUJ Lorraine Diede reviewed the request by Dr. Bruce Neu for approval of alternate barriers for his swimming pool. Ordinance #241, Section 7.4.8 requires a swimming pool to be surrounded by a five foot fence. When Dr. Neu and his family moved in the fencing on the Nest side of his property was not complete. He has since completed the fencing on the west side and is in the process of correcting the gate latches. However, all of the fencing on the West side is not five feet high and that is the reason for a request for alternate barriers. The Neu's have also installed a pool cover. The Planning Commission reviewed the request and recommended approval of alternative barriers to the Council. e'fter discussion, the Council felt it was not clear to them that the fencing on the West side was adequate. They also stated that the main reason for granting an alternate barrier in a similar previous case was that the fencing on the sidelines extended into the water, thus making the lake an effective barrier. In this case the fencing extends only to the waters edge on the sidelines. Minor Life suggested that a council man visit the sight and report at the next meeting. The case was continued until December 9, 1980. PUBLIC HEARING ON PRELIMINARY BUDGET - 1981 Lorraine Diede reviewed the preliminary budget. She discussed the setting of the levy and the fact that many figures are tenative at this time. The Police budget for 1981 was discussed and the Mayor thought that the Town should study the possibility of developing our own police protection. The proposed costs for Medina Police protection for 1981 to 'barrow Point increased 24.4 % over 1980. The Town finds this consistently harder to pay as our budget is limited. Since 1978 Yarrow Points costs have increased 80.5%. The Preliminary Budget was discussed in further detail. Lorraine Diede particularly emphasized that Arterial Street Funds are only to be used fear new construction projects; they may not be used for maintenance. Approval from the State Department of Transportation is required for expenditures. A suggestion was made that perhaps we should inquire if they can be used for installing safety buttons on Points Drive East. Another possibility would be construction of a sidewalk along 92nd N.E. from the PIETRO stop to Points Drive West. Lorraine Diede presented the 3rd Quarter Report and the Treasurer's Report for review. with the Mayor and Council. She stated if questions arose or further information was needed to please contact her. She referred to the fact that the Street Fund has very little money and we are just starting into >iu«inter and could very possibly have large maintenance problems. It can be seen from the 3rd Quarter Report that there was a considerable carry over 19 from 1979 which, in addition to the gas tax monies received in 1980, has nearly been depleted. a Page 7 Council Meeting MI Tiutes 11/11/80 ORDINANCE #194 - VACATION AND SICK LEAVE Lorraine Diede reviewed the Ordinance (#194) and the fact that the State Retirement 'System has requested information on payment of vacation pay and Sick leave upon retirement.. It was noted that the ordinance is not specific regarding payment or non payment upon termination and/or retirement. Since Lorraine Diede is retiring it is requested that the Town define particulars of the ordinance. After discussion it was decided that Lorraine Diede and Minor Lile would come.to•a mutual agreement to be presented to the Council as an amendment to Ordinance #194, Bob Dahl reported that the bumps that are to go around the corner on 95th and 40th have not been installed as yet. Mrs. Diede stated Chief Anglin had indicated are to be :installed as.soon as they arrive. - Mayor Lile announced that Dr. Donald Klo fer has resi&2ed after 17 years as a member of the Planning Commission,His---senrice wi 1- e...m:xsse ... V0UCHERS; -.:; The fdll:oiaang Vouchers were . approved for payment Current Expense #2842 through #2864 Street Expense #1092 through #1095. Total. The meeting was adjourned at 11:00 P. M. 110:mmc. cc: Mayor/Council Planning Commission Engineer Building Official Attorney Clary Wright Dr. Leslie -McClinton Dr. Bruce Neu Files: e $25,426.26 570.35 $25,996.61 r Lorraine M. Diede, Clerk/Treasurer Clary Wright Subdivision Dr. Leslie McClinton Subdivision Dr. Bruce Neu Coblantz Drain i t Town of Yarrow Point VOUCHERS November 11, 1980 Current Expense #2842 Lorraine M. Diede - Services Nov. 1,625. less $5S0.W/T, 99.61 S/S Retire $97.50 - _ $747.11 2843 Seattle First National Bank - 2nd Deposit 4th Qtr. Miede 2844 - Myra McEwan - 53 hrs. @$5 = $265. less S/S 16.24 2845 - Public Employees Retirement System -- LMDIEDE Nov.97.50 Town 14. 119.60 2846 - Employment Security - Nov. 1980 L.M.Diede 99.61 T 99 62 2847 2848 2849 2850 2851 2852 2853 2854 2855 2856 2857 2858 2859 2860 2861 2862 2863 2864 $1,625. own 25,. M.McEwan 16.24 1,890. Wages x 12.26 Town 16.24 - URS Company 10/80 Retainer - Bellevue District Court - 10/80 court cases 20 @ $12 -- Journal/American. - Publication Fed. Reve. Sharing Public Hearing -- PDQ - Printing 10/23/80 - Keeneys - Inv. 76811 - 10/17/80 Office Supplies - Wash. Nat'l Gas Co. - 9/9 - /10/8 -- Pacific N. W. Bell - office telephone,10/8 - Christ Diede - Rent for November - Town office - M. C. Lile - Reimbursement for purchase of American Flag for 877.89 550.00 248.76 231.10 231.71 65.00 240.00 23.35 19.28 14.68 12.78 39.4S 125.00 flag pole at landscape area 39.50 - U. S. Post Office - stamps 30.00 - Lorraine M. Diede - Reimbursement for Mist. purchases 18.80 - City of Medina - 4th Qtr. Police Protection Contract 9,645.00 -- City of Bellevue 3rd Payment Fire protection Contract 8,874.34 - King County Library System - 2nd payment Library Contract 3,823.12 - Mithun Associates - Plan Check fees, etc. October 100::50 - Robert Ramaley - Inspections October r.� �48�00.- Douglas Bertsch ' - 36:00 Fred Brown " 132.00 Street Fund #1092 - URS Company - Willoughby Brain - 9005 N. F. 37th #21049 .1093 - Newman Signs - Inv. 04918 Signs 9/30/80 p� 1094) -- T„ R. Welch and Associates - Willoughby Drain 10o� $25,426.26 - 9005 N.E.37thPL 290.19 245.16 35.00 570.35 I, Lorraine M. Diede, do hereby certify under penalty of perjury, that the materials have been furnished, the services rendered or the labor performed as described herein, and that the claim is a just, due and unpaid obligation against the Town of Yarrow Point, and that I am authorized to authenticate and certify to said claims Warrants Ourrent Expense #2842 through #2864 Street Expense #1092 through #109S Total 11/10/80 $25,426.26 570.35 $2$,596.01 Lorraine M. Diede, Clerk/Treasurer t'g , Page 1 of 2 9 Town of Yarrow Point. Touchers November 11, 1980 Amount Claimed, Examined and Allowed: Co 1. 2. Approved by Page 2 of 2 $ 25 996..61 Mayor E TOWN OF YARROW POINT NOVEMBER 10, 1980 Cash Balance 10/14/80 Investment Balance " Receipts 10/15 - 11/10 Total 11/10/80 Less Disbursements Warrants Redeemed Current Expense Street Federal Rev. Sharing $ 5,554.47 48.940.45 Purchased Investments Interest Earned Arterial St. 30DayMun.Bond Current Exp. 30DayMun.Bond Arterial St. 30DayMun.Bond GOBond Redemp30DayMun.Bond Purchased Investments Current Expense 30DayMun.Bond Arterial St. 30DayMun.Bond G.O.Bond Redemp 30DayMun.Bond Arterial St. 30DayMun.Bond Sold Investments Arterial St. Int.Earnings Arterial St. 30DayMun.Bond Current Exp. Int. Earnings Current Exp. 309ayMun.Bond G.O.Bond Redemp Int. Earnings G.O.Bond Redemp 30DayMun.Bond Arterial St. Int. Earnings Arterial St. 30DayMun.Bond State Treasurer - Driver Ed fees Sept. & October Balance 11/10/80 Page Iof2 $54,494.92 91,470.93 10,610.47 838.92 1,817.00 13,266.39 66.88 133.76 51.83: 33.86 286.33 15,000.00 10,000.00 4,900.00 7.500.00' 66.88. 10,000.00 133.76- zo,000.00' 33.86; 4,900.00, 51.83- 500.00 37,400.00 42, b86.33 438.00 - $94,077.05 $51,888.80 Town of Yarrow Point Treasurer's Report Continued 11/10/80 FUND CASH BOOK INVESTMENTS G.O.Bond St. Const. -0- _0_ G.O.Bond Redemption 296.00 29.4S 8,900.00 Current Expense 6,692.35 99.86 1s,000.00 Federal Revenue -0- -0- Street 370.74 2,173.91 Arterial Street 589.26 37.23 10,000.00 7,500.00 Street Restoration Bonds -0- 200.00 Totals $7,948.35 $43,940.45 Outstanding Warrants Year End Novembdg'; Current Expense 22.10 25,426.26 Street. -0- 570.35 $ 22.10 $25,996.61 Page 2 of 2 0 . 'TOTALS -0- 9,22S.45 21,792.21 _0_ 2,544.65 18,126.49 200.00 $51,888.80 Total $25, 44836 570.35 $25,018.71 Lorraine M. Diede C1erk/Treasurer