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HomeMy Public PortalAbout11 November 10, 1998 TC MinutesTOWN OF YARROW POINT COUNCIL MINUTES NOVEMBER 10, 1998 7:00 PM The following is a condensation of the proceedings and is not a verbatim transcript. The meeting is tape-recorded, and the tapes are part of the public record. CALL TO ORDER: Mayor Berry called the meeting to order at 7:00 pm. MEMBERS PRESENT: Mayor: Jeanne Berry Councilmembers: Susan Castle Alan McEwan Steve Rutledge Andy Valaas Leland Harris Staff: Sue Ann Spens, Clerk -Treasurer Wayne Stewart, Town Attorney Dewey Taylor, Acting Town Building Official Allan Newbill, Town Engineer Guests: Carol Elsner Randall Heath Mike Perkins APPEARANCES: Randy Heath, 9030 Points Drive, expressed the concerns that he and his neighbors share about traffic at the intersection of 92nd Ave NE, Points Drive, and NE 32"d Street. He stated that they feel this may be the most dangerous intersection in the area because of the volume of traffic traveling through it, especially during commute hours, and because of the traffic island installed some time ago by Clyde Hill. He submitted a petition signed by 19 of the residents of Points Drive and NE 32°d Street in which the signers asked the Council to immediately commission a traffic study designed to minimize traffic volumes and traffic speed along Points Drive between 92°d Ave NE and 84`� Ave NE. He added that the group's major concerns are safety, the difficulty of exiting their driveways, and the unreasonable delays experienced in trying to leave or return to their homes. Councilmember Valaas asked how long the traffic problems have existed. Mr. Heath answered that Points Drive has been busy since he moved into his home, but added that Clyde Hill's Approved 11/10/98 Council Minutes Page 1 of 8 installation of the traffic island at the intersection noted above has made the situation much worse in the last six months to a year. Mayor Berry reported that the Town should receive a final report of the joint traffic study commissioned by the City of Medina and the Towns of Yarrow Point, Clyde Hill, and Hunts Point. She explained that this report should address some of these issues and that the Council should study this report before authorizing a new study. MINUTES: MOTION: Councilmember McEwan moved to approve the minutes of the October 13, 1998 meeting, as amended. Councilmember Valaas seconded. Vote: 4 Yes, 0 No, 1 Abstain (Harris). Motion carried. CONSENT CALENDAR: MOTION: Councilmember Valaas moved to approve the Consent Calendar as presented, including warrants in the amount of $105,792.84. Councilmember Harris seconded. Vote: 5 Yes, 0 No, 0 Abstain. Motion carried unanimously. Councilmember Harris noted that the Consent Calendar included a letter from Rob Rothe about the upcoming visit of the Christmas Ship to the 47`h Road End Beach. He asked that Istvan Lovas, the Town's Public Works Employee be allowed to help with any set up on the Friday before the ship's scheduled visit and that the Town allow a contained fire at the beach during this event. MOTION: Councilmember Valaas moved to allow Public Works Employee Lovas to help set up for the Christmas Ship (as he does for the 4`h of July) and to allow a contained fire at the 47ch Road End Beach during the visit of the Christmas Ship on the evening of Sunday, December 20, 1998. Councilmember McEwan seconded Vote: 5 For, 0 Against, 0 Abstain. Motion carried unanimously. STAFF REPORTS: Police Report: Acting Lt. Whitmore reported that the Clyde Hill Police Department has hired a new officer, Melody Abidi, who is expected to start at the Police Academy in December of this year. ether Staff Reports: Councilmember Valaas asked Acting Building Official Taylor to investigate possible setback encroachments at a house under construction on 95'h Ave NE and a another existing home on 941h Ave NE. Mayor Berry reported that the sinkhole in the cul-de-sac on NE 37`h Street has gotten much worse and asked Town Engineer Newbill to speed up the repair, if possible. Town Engineer Newbill noted that this sinkhole should be repaired with the month. Approved 11/10/98 Council Minutes Page 2 of 8 0 REGULAR BUSINESS: • AGENDA BILL 98-070 Substantial Development Permit 9113, Sanderson Pier Replacement and Boat Lift: Clerk -Treasurer Spens explained that this item was repeated from last month's agenda because former Building Official Lund had informed her after last month's meeting that it was prematurely placed on last month's agenda before the 30-day comment period had closed. She added that the only action needed tonight was to restate the motion to approve and vote for the record. MOTION: Councilmember Harris moved to approve Substantial Development Permit #113. Councilmember Valaas seconded. Vote: S For, 0 Against, 0 Abstain. Motion carried unanimously. AB 98-071 Hurlen Construction -- Review of Outstanding Issues: Town Engineer Newbill explained that before the Council can accept the 47`h Road End Beach project as complete they must review three outstanding issues raised by the contractor in his request for release of retainage. He then reported that he has the discussed the following outstanding construction issues with Craig Lewis of Jonjegan Gerrard McNeal (JGM) and John McGlenn, Chairman of the Park Board and makes the accompanying recommendations based on those discussions. 1 } A bollard light continues to be a problem. However, the contractor claims that an electrician has reviewed the situation and finds no problem with the fixture itself. Recommendation: Replace the bulb one last time. If that doesn't remedy the problem, have the fixture replaced under the contractor's warranty period. 2) The contractor is offering a $1,000 dollar credit to settle the issues with unsatisfactory landscaping, Recommendation: Accept the credit and authorize the Town's Public Works Employee to replace the problem landscaping as appropriate. 3) The contractor asks that the Town split the cost to repair a sewer line that was damaged during excavation, because the line was not shown on the Town's design drawings. Both John McGlenn and Craig Lewis thought the council had already agreed to this cost sharing, but Clerk -Treasurer Spens cannot find evidence of such a decision in the Council minutes. Recommendation: Neither Mr. McGlenn nor Mr. Lewis believe that the Town is responsible for this damage but both suggest that splitting the cost to settle the issue is a much simpler solution. Councilmember Harris stated that he agrees with the first two suggestions, but does not see why the Town should pay for the contractor's mistake. Councilmember Valaas stated that he agrees with Councilmember Harris in theory but, since the Town asked Mr. McGlenn and Mr. Lewis to oversee this project, the Council should support their recommendation. MOTION: Councilmember Harris moved to accept the recommendations presented by Town Engineer Newbill. Councilmember McEwan seconded. Vote: 5 For, 0 Against, 0 Abstain. Motion carried unanimously. Approved 11/10/98 Council Minutes Page 3 of 8 Town Engineer Newbill will prepare the necessary Change Orders for Mayor Berry's signature and will present a final pay order at the December Council meeting to start the 30-day clock for release of the contractor's retainage. AB 98-072 Proposed Resolution No.187 recognizing the TCI-AT&T Merger: Clerk - Treasurer Spens reminded the Council that last month's agenda bill on this item was the first reading of the resolution and that state statutes regulating the granting of franchises prevented the Council from acting on this resolution last month. MOTION: Councilmember Valaas moved to adopt Resolution No. 187 recognizing the merger of TCI and AT&T, as written. Councilmember Rutledge seconded. Vote: 5 For, 0 Against, 0 Abstain. Motion carried unanimously. AB 98-073 Application for Boundary -Line Adjustment by Summerhill Investment, et. al: Town Engineer Newbill presented the application for boundary -line adjustment (BLA) and his report, as presented to the Planning Commission at their public hearing last month. He stated that the application meets the requirements for a boundary -line adjustment set by Town ordinance and state statutes, with the exception of some minor corrections to the drawings. He then stated that his only concern with the application is that the private -lane serving the land- locked lots has not yet been recorded. Nor can it be recorded until the private -lane is completed or the developer posts a bond to guarantee its completion. Ile concluded by reporting that the Planning Commission recommended that the application be denied. Councilmember Castle noted that residents in the vicinity of the project had expressed concerns at the Planning Commission hearing and asked if the issues had any bearing on the BLA. Town Engineer Newbill answered no. Councilmember Valaas expressed his reluctance to overturn the recommendation of the Planning Commission to deny this application but added that he does not understand the basis of that recommendation to deny. Councilmember Harris echoed this reluctance to take action contrary to that recommended by the Planning Commission. He also wondered if the Council can approve the recommendation just by requiring the developer to post a bond for the private -lane. Town Engineer Newbill answered that posting a bond would guarantee that access to the landlocked lots would be completed, whether by the developer or by the Town. He added that vehicular access is required by Town ordinances before the Town can act on an application such as this one. Councilmember McEwan noted that based on Planning Commission Hammett's comments, as recorded in the minutes of the hearing, and on the letter from Barry Margolese, the principal for Summerhill Investments, he is concerned that denying this application may be unreasonable. He added that he doesn't like overturning the Planning Commission's recommendation either, but he doesn't understand why they made such a recommendation since the BLA has nothing to do with the existing traffic problems in that area. Approved 1.1/10/98 Council Minutes Page 4 of 8 • Acting Building Official asked if the Council can disregard the Planning Commission's recommendation without holding a public hearing of their own. Town Attorney Stewart answered yes, because the application is for a BLA, not a short plat (YPMC 16.32.020). Barry Margolese commented that he understands that the private lane project must be either completed or bonded before the BLA can be given final approval, he just wants conditional approval of the BLA pending completion or bonding of the private lane. Councilmember Valaas stated that he remains concerned about overturning the Planning Commission's recommendation. Councilmember Harris concurred. Councilmember McEwan noted that he feels the minutes from the Planing Commission show that the Commissioners were overwhelmed with the concerns of the neighbors about traffic issues and the element of change in their neighborhood and that one Commissioner (Hammett) tried unsuccessfully to turn the discussion around to the merits of the application itself but was unsuccessful. Mike Perkins. 9033 NE 32°d Street, commented that he feels that (Planning Commission) Chairman Cooper did not believe that the appropriate process for the overall project was being following and not that the Commission was against this piece of the project in principal. Town Engineer Newbill reminded the Council that the applications for private -lane easement, boundary -line adjustment, and short -plat (not yet submitted) are being handled separately as a courtesy to the Raitz's, since this preserves their opportunity to subdivided their remaining property within the next five years if they so choose. He added that the legality of submitting the applications separately was reviewed with Town Attorney Stewart at length before the developer was given the okay to submit in that fashion. Randy Heath, 9030 Points Drive. stated that one of his concerns is that he and other neighboring residents did not know about the proposed development until the contractor began building the private lane. He added that he feels there should have been a public hearing with notice to discuss and act upon the already -approved application for private -lane easement. He concluded by stating that the neighbors are concerned about changes to their neighborhood and they want to know when do they get their say about the proposed development. Councilmember Castle asked Mr. Heath if the neighbors would like the Town to send out courtesy notices to residents affected by planned developments even though such notices may not be required legally. Mr. Heath answered yes. Councilmember Valaas asked if the signature blocks on the drawing submitted with the application should b changed to reflect approval by the Council rather than the Planning Commission. Town Attorney Stewart answered that the document should be signed by the body given the authority to grant approval, in this case the Mayor and Council. Approved 11/10/98 Council Minutes Page 5 of 8 MOTION: Councilmember McEwan moved to grant conditional approval of the Application for Boundary Line Adjustment submitted by Summerhill Investment, et al with the condition being that the private lane be completed or bonded and recorded prior to the applicant submitting the BLA drawings for approval signatures. Councilmember Castle seconded. On discussion, Councilmember Valaas asked to amend this motion. 2°d MOTION: Councilmember Valaas moved to amend the first motion to include a requirement that the applicant make the corrections recommended by Town Engineer Newbill in his report to the Planning Commission. Councilmember Castle seconded. Vote: 4 For, 0 Against, I Abstain (Harris). Motion to amend the first motion carried. Vote on the first motion: 4 For, 1 Against (Harris), 0 Abstain. Motion carried. AB 98-074 Proposed Resolution No. 188 accepting a Request for Rate Increase submitted by Town Engineer Newbill: Councilmember Valaas stated that he feels the Town has been well served by Toren Engineer Newbill's expertise and long-term experience working for the Town. He added that Town Engineer Newbill's rates are very reasonable. MOTION: Councilmember Valaas moved to adopt Resolution No. 188 accepting the increased rates for contract engineering work performed by the Town Engineer and authorizing the Mayor to signify the Town's approval by signing the rate sheet dated October 8, 1998. Councilmember McEwan seconded. Vote: 5 For, 0 Against, 0 Abstain. Motion carried unanimously. AB 98-075 Discussion of Proposed No -Parking Zone on Points Drive near Tully's: Mayor Berry explained her concerns with the cars parking along the north side of Points Drive across from Tully's and the safety of pedestrians trying to cross in that vicinity from and among the parked cars and traffic along that street. Town Engineer Newbill presented his proposal for marking a no -parking zone from the west side of the driveway serving 8830 Point Drive westward to 88`h Ave NE. He explained that four signs would be installed along this portion of Points Drive in an effort to encourage drivers to park either: • on the Clyde Hill side of Points Drive, eliminating the need for crossing the street, or • on the Yarrow Point side to the east of the 8830 Points Drive driveway, improving the sight distances for pedestrians crossing to the Clyde Hill side. MOTION: Councilmember Harris moved to approve the purchase and installation of the four no -parking signs as described in Town Engineer Newbill's proposal. Councilmember Valaas seconded. Vote: 5 For, 0 Against, 0 Abstain. Motion carried unanimously. Councilmember Castle asked if the Points Drive residents have requested a bike lane along Points Drive. Randy heath answered that they have. Town Engineer Newbill stated that he will keep this potential project in mind for this and future projects along Points Drive. Approved I I110/98 Council Minutes Page 6 of 8 AB 98-076 Public Hearing: Proposed Preliminary Budget for 1999: Mayor Berry opened the public hearing at 9:45 pm. Clerk -Treasurer Spens presented the line -by-line changes she had made based on the discussion at the October meeting. Councilmembers recommended a number of line item changes that Clerk -Treasurer Spens will 'incorporate into the final budget to be approved at the December Council meeting. As there was no further public input, Mayor Berry closed the public hearing at 10:00 pm. AB 98-077 Public Hearing: Proposed Ordinance No. 480 Setting the Levy for 1999: Mayor Berry opened the public hearing at 10:00 pm. Clerk -Treasurer Spens explained that the levy ordinance increases this year's property -tax levy by 6% as directed by the Council at the November meeting. She noted that the rationale for this increase is at least threefold: • to continue to build the Town's contingency fund, • to build reserves for street repair projects scheduled to begin in 2000, and • to build reserves to finance some sort of pedestrian improvementstunderground utilities project by some means other than a GO Bond. In closing, Clerk -Treasurer Spens commented that the levy rate for 1999 will actually decrease despite the 6% increase in tax dollars levied because the Town's total assessed value rose by about 17%. As there were no questions, Mayor Berry closed the public hearing at 10:05 pm. MOTION: Councilmember McEwan moved to approve Ordinance No. 480 Setting the I1evy for 1999, as written. Councilmember Rutledge seconded. Vote: 5 For, 0 Against, 0 Abstain. Motion carried unanimously. AB 98-078 Proposed Resolution No. 189 authorizing the Mayor to execute an Interlocal Agreement for Jointly Funded Points Loop Trail: Clerk -Treasurer Spens briefly reminded the Council that o June 9, 1998 they adopted Resolution No. 178 expressing their support for the recommendations of the Points Trails committee and noted that this interlocal agreement is the funding link that brings the project to fruition. MOTION: Councilmember Harris moved to adopt Resolution No. 189, as written. Councilmember Valaas seconded. Vote: 5 For, 0 Against, 0 Abstain. Motion carried unanimously. AB 98-079 Proposed Resolution No.190 authorizing the Mayor to execute an Interlocal Agreement for Management and Funding of the Lake Washington Studies: Clerk -Treasurer Spens briefly explained the project and noted that the Town's financial commitment in limited to a $1,000 contribution in 1999 only. MOTION: Councilmember Castle moved to adopt Resolution No. 190 authorizing the Mayor to execute an Interlocal Agreement for Management and Funding of the Lake Washington Studies. Councilmember Rutledge seconded. Vote: 5 For, 0 Against, 0 Abstain. Motion carried unanimously, AB 98-080 Request to Purchase ASP Accounting Software: Clerk -Treasurer Spens explained that the auditors strongly recommend that the Town upgrade our computerized accounting Approved 11/10/98 Council Minutes Page 7 of 8 0 • system from the current Microsoft Money, which is essentially a computerized checkbook, to a true fund -accounting system that provides greater internal controls, is BARS compliant, and is well -suited to smaller cities such as Yarrow Point. She stated that the software developed by ASP, a company based in Spokane, has been used successfully by a large umber of smaller cities in this state and is approved by the State Auditor's office. She added that while the initial investment of $5,000 may seem expensive, that price includes full training and results in a system that is designed to provide all of the treasury reports, internal -controls reports, and annual reports that the Town currently produces using MS Money in significantly less time thus freeing up staff time to handle other important issues and concerns. She noted that there is an annual S500 fee for continued training and product upgrades that keep the system compliant with the ongoing changes in accounting practices suggested by the auditor's. Clerk -Treasurer Spens also explained that budget savings due to funded projects that did not materialize, funds for this purchase are available in this year's budget. MOTION: Councilmember McEwan moved to approve the purchase of the ASP Fund Accounting System at a cost of $5,000. Councilmember Harris seconded. Vote: 5 For, 0 Against, 0 Abstain. Motion carried unanimously. AB 98-081 Review of 1996-97 Audit Results: Mayor Berry presented the auditor's recommendations resulting from their recent audit of Town records for 1996 and 1997. She noted that remedies to address most of the recommendations in the report are in place and that those outstanding will be implemented soon -- particularly by Acting Building Official Taylor in the Building Department She added that any remedies needing Council review and/or approval will be forwarded to the Council for the action when appropriate. MAYOR AND COUNCIL REPORTS: None. EXECUTIVE SESSION TO DISCUSS PERSONNEL ISSUES: Mayor Berry adjourned the regular session and reconvened the Council in Executive Session to discuss personnel issues at 10.20 pm. At 10:30, Mayor Berry closed the Executive Session and reconvened the regular session. ADJOURN: MOTION: Councilmember Castle moved to adjourn the Council meeting at 10:30 pm. Councilmember Valaas seconded. Vote: S Yes, 0 No, 0 Abstain. Motion carried unanimously. Respectfully submitted, ` Sue Ann Spens, Clerk -Treasurer Approved: I ton Dim / &n�44 Jeanne Berry, Mayor Approved 11/10/98 Council Minutes Page 8 of 8