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HomeMy Public PortalAbout05 May 9, 2000 TC Minutes• • • TOWN OF YARROW POINT COUNCIL MINUTES MAY 9, 2000 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: Council members: Jeanne Berry Leland Harris Lisa Mushel Steve Rutledge Richard Smith Andy Valaas Staff: Sue Ann Spens, Clerk -Treasurer Sissel Calhoun, Deputy Clerk -Treasurer Wayne Stewart, Town Attorney Dewey Taylor, Town Building Official Rick Cortese, Lieutenant, Clyde Hill Police Allan Newbill, Town Engineer Guests: Len and Liz Newstnun, 4428 -- 92"d Ave NE JP Carriveau, 10270 NE 12'h St, Bellevue Torn and Kim Hall, 3 824 — 94'h Ave NE Noun and Sheila Warsinske, 3823 -- 941h Ave NE Jeff Levere, 3848 — 94"' Ave NE Jan and Ed Green, 9073 NE 41" St. Dave Cooper,. 4236 — 941h Ave NE h George and Edith Bower, 4676 — 95` Ave NE Jim and Laurie Bugbee, 9426 NE 37" P1. Ray Jensen, 3802 — 94th Ave NE Alice Osborn, 4000 — 941h Ave NE Gordon and Julia Webb, 9420 NE 27" P1. Lynne Rotholtz, 4000 92nd Ave NE John Purvis, 3801 -- 95`h Ave NE Erik Lund, 4600 — 92°d Ave NE Allen J. Kleinsasser and Linda Morrison, 3834 — 94'h Ave NE Jim Tempelis, 9407 NE 37`h Pl. Mary Jane Swindley, 3 813 — 94'h Ave NE Victor Feltin, 9429 NE 37`}' Pl. Joshua Green IV, 9400 NE 37" P1. Approved 05/09/00 Council Minutes Page 1 of 12 Mary Elmore, 4467 — 94th Ave NE Art Whittlesey, 9420 NE 37th Pl. Jim and Elizabeth Kauth, 9434 NE 37th P1. Tony and Marcia Banks, 3856 — 94"' Ave NE R. R. Gates, 4662 — 951h Ave NE Sandra and Alex Moreano,3805 — 94th Ave NE Lloyd Cooney, 9014 NE 37' Pl. Phil Brown, 4439 — 950' Ave NE Stephanie Amber, 3845 — 95th Ave NE Gary and Nancy Jones, 4234 — 95th Ave NE Ronnie and John McGlenn, 4000 -- 95' Ave NE Carolyn Cahill, 4024 — 94th Ave NE Sandra Coleman, 4419 — 92nd Ave NE Gretchen Raine, 4200 — 94th Ave NE Glenn and Charlie Webb, 9420 NE 371h Pl. Laurin Loze, 4241 — 92nd Ave NE Hal Burchard, 4031 — 94th Ave NE Joe Silvernale, 3916 - 95th Ave NE Susan Gordon, 3835 - 95" Ave NE Peter and Prudence Hammett, 4023 — 941h Ave NE APPEARANCES: Ed Green, 9073 NE 41" Street, appeared to bring the Council up to date on the stop sign at 92" d and NE 40th, especially the increased noise and air pollution. He stated that he discussed the issue with King County Traffic and Planning Department who advised him that when stop signs are installed for speed control they are often ignored. He also called CHPD and obtained a copy of their citation report for Jan — April 27, 2000 which shows no speeding tickets on 92od near 40th for the period. He then called Bellevue School Department about problems for the buses or the children who ride them and they report none. He also quoted a traffic design manual that recommends less restrictive measures be employed before installing a stop sign. Councilmember Valaas recommended that this topic be moved to regular business as was done last month. Mary Jane Swindley, 3813 --- 94th Ave NE, asked if the issue of developing parking on Town ROWs is on the agenda. Mayor Berry answered that AB 00-024 will address the issue. MINI ITFIR- MOTION: Councilmember Valaas moved to approve the minutes of the April 11, 2000 regular meeting as amended. Councilmember Rutledge seconded. Vote: 5Yes, 0 No, 0 Abstain. Motion carried. CONSENT CALENDAR: MOTION: Councilmember Valaas moved to approve the Consent Calendar as presented, 40 including warrants numbers 12575 through 12612 in the amount of $28,359.63. Councilmember Mushel seconded. Approved 05/09/00 Council Minutes Page 2 of 12 0 Vote; 5 Yes, 0 No, 0 Abstain. Motion carried unanimously. STAFF REPORTS: Police Report: Lt. Cortese reported that the month of April was relatively quiet — no major crimes, one accident, one arrest, and several traffic citations. He added that in response to the complaints about the stop sign at last month's meeting, he asked CHPD officers to accumulate statistics for speeds traveled along 92"d Ave NE between NE 38`h and NE 42"d He commented that it is not unusual to cite someone for something other than speeding when speeding may have been the reason for the original stop. Councilmember Valaas asked about the traffic stop of a vehicle for a defective brake light that resulted in an arrest for a felony warrant based a the driver matching the description associated with the warrant and later released. He wondered if there is any negative impact expected for this stop. Lt. Cortese answered no, because the law allows leeway in this area when a suspect reasonably matches the description on a warrant. Other Staff' Reports: Building Official Taylor reported that six new building permits were issued this month bringing our total up to 16 active permits with work underway. He also reported on activity in Clyde Hill that will involve 350 trucks moving fill dirt onto a site in Clyde Hill that may impact Yarrow Point tangentially. Town Engineer Newbill reported that he has reviewed the intersection of 94`h Ave E and NE 40`h St based on a complaint received at last month's Council meeting. He stated that he and Chief Archer have reviewed the situation and will contact the owner of shrubbery on the SW corner to have it trimmed back. Town En,§ineer Newbill also reported that Northshore Surveying plans to begin our project along 92" Ave NE as soon as weather permits. Councilmember Smith asked about the status of COB Water Project. Town Engineer Newbill answered that permits have been let and the work is expected to begin in late July. Town Engineer Newbill explained that the project is to replace an old asbestos main along 92"d Ave NE along the west shoulder for the most part. Councilmember Valaas asked about the status of the TCI franchise. Clerk -Treasurer Spens reported that she spoke with Janet Turpen of TCI today who says she did receive our amended and annotated copy about two months ago but has been unable to review it yet. Clerk -Treasurer Spens added that Ms. Turpen expects to respond in the next week or two. Mayor Berry reported that Len and Liz Newstrum have participated on several transportation committees, especially the Translake Washington Study and as Yarrow Point representatives on the I-405 Study. She added that, with Council concurrence, they will serve as Yarrow Point's official representatives in the newest phase of the Translake Study — the Environmental Impact Study. She then asked for an update on the 1-405 study. Approved 05/09/00 Council Minutes Page 3 of 12 Len Newstrum reported that the 1-405 committee has reached some agreement on the directions to focus on for the remainder of the study. He also noted that WSDOT has decided to incorporate minimizing degradation to the existing transportation system into their review process. He explained that a regional approach may appear more expensive than the piecemeal approach used in the past, but should result in more appropriate system -wide improvements. Liz Newstrum added that they continue to request public input. Mr. Newstrum advised that neither he nor his wife will be taking a provincial view, however, as traffic issues impact all of us whether we are mired in them personally or not. Translake Steering Committee representative I.en Newstrum with ]RB as alternate and Liz Newstrum will serve on the Citizen's committee. It was the consensus of the Council that the Newstrums fill this vital role. REGULAR BUSINESS: AB 00-020 92"a Ave NE Centerline and Shoulder Restriping: Town Engineer Newbill reported that he was asked to obtain cost estimates to restripe the centerline and shoulder of 92nd Ave NE as the existing striping is both inconsistent with current standards and in need of repair. He asked the Council which alternative they wish him to pursue — paint only or paint and buttons. He noted that paint only would cost $1700 and would only last about one year, while using buttons would cost $9300 and would last in excess of 10 years. 49 Councilmember Smith asked if summer construction should affect the timing of this work. Town Engineer Newbill answered that he would hold the project until the COB project is completed, but private -property construction should not affect this project. Councilmember Valaas asked if Town Engineer Newbill knew why Clyde Hill went with paint only along 92nd Ave NE. Town Engineer Newbill answered he did not know why. Mayor Berry suggested that the lower price may have factored into Clyde Hill's decision. Art Whittlesea, 9420 NE 37"' Place, asked if one method looks more "small town" than the other so that we do not look like Downtown Bellevue. Mayor Berry noted that buttons may be more desirable for safety reasons despite their appearance because they make noise when a driver mistakenly crosses over them. Gordon Webb, 9420 NE 37"' Place, commented that the noise from buttons may add to noise pollution in Town, which could prove a concern, plus large construction trucks would contribute to increased wear -and -tear and reduced button life. George Bower, 4676 -- 95`h Ave NE, asked if we really need side striping along 92"d Ave NE_ Councilmember Valaas answered yes. Gordon Webb asked if the traffic design manual specifies one over the other. Town Engineer Newbill answered that the design manual does not recommend one method -- buttons or is striping -- over the other. He explained the design standards relative to striping a street with a Approved 05/09/00 Council Minutes Page 4 of 12 25-mph speed limit and that the side stripe was installed many years ago at the request of residents for safety reasons. Councilmember Rutledge asked about button spacing. Town Engineer Newbill answered that the normal spacing is five feet on this street. Mayor Bevy asked what the button spacing was on Points Drive. Town Engineer Newbill answered that the old buttons on Points Drive were installed using a skip pattern -- five buttons places together at approx. 25-foot intervals with a reflective button at each end of the group. MOTION: Councilmember Rutledge moved to authorize an expenditure to restripe the centerline and shoulder of 92"d Ave NE using paint only at a cost not to exceed $1,700. Councilmember Valaas seconded. Vote: 5 For, 0 Against, 0 Abstain. Motion carried unanimously. Peter Hammett, 4023 — 941h Ave NE, noted that he agrees with the Council's decision on this matter. AB 00-021 92"d Ave NE/90 Ave NE Curve: Town Engineer Newbill reported that he was asked to investigate improving signage at the intersection of 915t and 92od Ave NE due to an accident at that curve. He added that he and Chief Archer reviewed the situation together and developed the recommendation that a warning sign and a chevron (arrow) sign he placed as shown in his memo. Councilmember Mushel and the Newstrum's asked that the sign be moved slightly north onto the Newstrum's property. Town Engineer Newbill will work with is the Mushel's, the Newstrum's and Istvan Lovas, Public Works employee, to field locate these signs, as appropriate. MOTION: Councilmember Valaas moved to authorize Town Engineer Newbill to install signage at the intersection of 9151 and 92"d Ave NE per the Town Engineer's recommendation as stated in AB 00-021. Councilmember Smith seconded. Vote: 5 For, 0 Against, 0 Abstain. Motion canted unanimously. AB 00-022 Future of Yarrow Point Fountain: George Bower, King County Water District (KCWD) #1, reported that they are developing their water -system plan and are concerned about the Yarrow Point Fountain for two reasons: (1) its potential for contamination of the water supply because the spout in the fountain is below the level of the pool in the fountain, and (2) the amount of water it wastes by running continuously. He explained that KCWD41 would like the Town to install a back flow -prevention device in the fountain supply line to prevent back siphoning and a spring -closing valve on the drinking side. He added that KCWD#1 would like to see the fountain side converted to a recirculating system to minimize water waste further. Mayor Berry also reported ongoing challenges with the fountain's location in the road and commented that Rick and Jean Thompson, who recently bought the Carlson property, live near the fountain and have offered to help the Town move the fountain if the Council desires to do so. She explained that the fountain could be moved about ten feet onto Town ROW at the corner near the Thompson property. She added that the fountain's current location poses insurance concerns. Approved 05/09/00 Council Minutes Page 5 of 12 Councilmember Valaas noted that the number of black marks on the fountain through the years is testimony to its poor location but he wants to see the fountain preserved for historical reasons. He suggested that the Park Board be authorized to investigate the situation and make recommendations to the Council. Peter Hammett, 4023 -- 94`h Ave NE, stated that the fountain has historical significance and that he prefers the current fountain location, especially if it slows drivers down. Mary Elmore, 4467 --- 90 Ave NE, reminded the Council of a generous offer several years ago to replace the current fountain with something of a different design and does not want that offer forgotten. Mayor Berry noted that she does indeed remember the offer. Liz Newstrum, 4428 — 92nd Ave NE, agreed with Mr. Hammett's comments. Erik Lund, 4600 --- 92nd NE, stated that as he lives near the fountain he witnesses the traffic action around it and that it is hit on average once per year. He commented that an obstruction of that type in a public street may pose challenges due to the lack of clearance around it. He added that the Town studied moving the fountain about twenty feet solved all of these challenges. Liz Newstrum asked if widening the road onto the existing ROW would also solve the challenge. Mr. Lund answered that the excess ROW width at this point is on the northeast side and suggested that something; should be done to remediate the situation. Councilmember Smith asked that the record reflect that the issue of potential challenges came from a member of the public rather than a member of the Council. Mary .lane Swindley, 3813 90 Ave NE, expressed concern about moving the fountain to the side of the road, saying that this would give it the appearance of belonging to that property rather than the Town. Sandy Coleman, 4419 92"d Ave NE, noted that roundabouts used for traffic control do not appear to provide the ten -foot clearance and that these devices are used frequently for traffic calming. Alex Moreano, 3805 -- 94th Ave NE, asked if the Town's insurance carrier has expressed concern about the fountain or excluded it from coverage. Mayor Berry noted that the Council is just beginning this discussion; specific information from the Town's insurance carrier can be available next month, if needed. David Cooper, 4236 -94th Ave NE, recommended that the Council authorize staff to study the issue further. Peter Hammett noted that there are other obstructions throughout Town that are not under discussion for removal at this time. It was the consensus of the Council to authorize staff to review the financial, liability, safety, and design aspects of this issue. Approved 05/09/00 Council Minutes Page 6 of 12 AB 00-023 Proposed Ordinance No. 497 replacing Title 16, the Town Subdivision Code: Town Attorney Stewart reminded the Council that this is a continuation of the public hearing originally opened during the regular April Council meeting. He explained that the Planning Commission worked on this amending ordinance for at least nine months with the help of a planning consultant. He added that this issue is before the Council tonight because of Councilmember Valaas' concerns raised after the public hearing was closed last month. Councilmember Valaas stated that he had called Clerk -Treasurer Spens with his concurrence on the changes presented to him prior to this meeting. MOTION: Councilmember Valaas moved to pass Ordinance No. 497 providing rules and regulations for the division and dedication of land the adjustment of boundary lines, also known as the Town Subdivision Code. Councilmember Smith seconded. Vote: 5 For, 0 Against, 0 Abstain. Motion carried unanimously. Stop Sign at 92nd Ave NE: Mayor Berry reminded attendees that the Council is taking information during a six-month review period per their instruction at last month's meeting. Erik Lund, 4600 -- 92"d Ave NE, stated his objections to the stop sign and that the reasons for the stop sign are not well known by the public. Mayor Berry responded that an explanation for the stop sign has appeared in the newsletter and been discussed at length at various Council meetings. She further explained that the sign was originally installed to improve pedestrian safety for a crosswalk that was requested by a petition signed by 63 people in Town concerned about this issue. Mr. Lund stated that there is not history of accidents at the intersection of 92"d Ave NE and NE 40`h yet we have a stop sign there and we have a history of accident at the fountain yet nothing is being done. Mayor Berry answered that the stop sign was placed to protect pedestrians in the crosswalk. Lynn Rothholz, 4000 — 92"d Ave NE, stated that she has a petition signed by people protesting the stop sign. Councilmember Valaas asked if Town Engineer Newbill can be asked to prepare a review of the pros and cons of the stop sign, including placing a crosswalk without a stop sign. It was the consensus of the Council to have Town Engineer Newbill prepare this review. AB 00-024 Proposal to Develop Parking near Water Towers: Mayor Berry opened the discussion by explaining that parking in Town, especially construction parking, continues to pose challenges throughout the Town and will only grow with the increasing umber of building permits. She noted that grass in the ROW in front of Town Hall and Morningside Park had been replaced with gravel to develop additional parking. She added that staff had reviewed other areas that could be suitable for developing similar parking areas and that the public ROW near the water towers was identified as an area that could handle from 14 to 21 vehicles depending on the parking configuration. She commented that we know the ideal situation is to require parking on the construction site, but that is often not possible. She added that the building -permit process now requires contractors to file a parking plan Approved 05/09/00 Council Minutes Page 7 of 12 outlining where they will park, but the reality is that contractor vehicles are often parked along both sides of our already narrow streets creating hazardous situations for both motorists and pedestrians. She asked David Cooper, Planning Commission Chair, to give a brief status report of the Commission's review of related situations. Mr. Cooper reported that the Commission is reviewing encroachments into the ROW. Councilmember Valaas stated that there is an ordinance on the book regulating improvements in the ROW. Mr. Cooper responded that the ordinance is not being enforced but he does understand that it states only gravel or grass may be placed in the public ROW. Mr. Cooper went on to say that while he appreciates that the Council is trying to be proactive about parking problems, contractor's can be very innovative and creative about developing solutions to their problems when necessary. He added that they can also be abusive about taking advantage of whatever the Town may provide. Building Official Taylor noted that parking may be an onerous part of the current economic climate, but what we are after is enhanced safety for the entire Town. Laurie Bugbee, 9426 NE 37'h Place, stated that the proposed parking area is along the backside of her home. She explained that she spoke with Clyde Hill, Hunts Point, and Medina none of whom provide parking of the sort we are discussing here. She asked why the Town feels the need to provide parking for contractors when the owners of the project should be providing this parking. Mayor Bevy answered that we are attempting to mitigate a situation that currently exists. Jeff Levere, 3848 — 94th Ave NE, who stated that he is a contractor and no other jurisdiction puts themselves in the position of solving what should be a contractor's problem. He explained that the contractor will solve the problem if forced to. Building Official Taylor explained that as former Mayor of Medina they wrestled with this question a great length and worked to identify offsite parking that is available to contractors. Joe Silvernale, 3916 - 95th Ave NE, stated that the area around the water towers represents a natural area that should be preserved and that as a recent remodeler he knows that the contractors can develop their own parking provisions. He suggested that the Town follow the example set by Leschi's "String of Pearls" in developing their unimproved street ends as parks. Ray Jensen, 3802 — 94`h Ave NE, explained that the name "Sally's Alley" originated with a goat he used to own. He further commented that while parking problems are temporary, the impact of this type of change will last forever. The Webb children noted that Sally's alley is a great open space for baseball games, catching bugs, and other outdoor activities. Susan Gordon, 3835 - 95th Ave NE, noted that she acted as general contractor on her own home remodel and that the general contractor can be compelled to comply with the Town's parking rules. Approved 05/09/00 Council Minutes Page 8 of 12 Gordon Webb, 9420 NE 37" Place, expressed concern that this change will greatly impact his neighborhood and suggested that the Town needs to determine what direction they want to go — do they want to preserve the community as it is or allow this type of degradation of public areas to pander to contractors. He asked what should the Town do if a contractor wants to moor barges offshore and approaches the Town about moorage. Jim Bugbee, 9426 NE 37th Place, read a petition responding to a letter received by the six families living next to Sally's Alley, in which the signers ask that the Council choose to preserve the park known as Sally's Alley. Alex Moreano, 3805 - 94th NE, expressed concern about the negative tone of the meeting. Mary Jane Swindley, 3813 - 94th Ave NE, stated the her family has always savored the wild green open area and would hate to see it changed irrevocably. Allen Kleinsasser, 3834 -- 94th Ave NE, expressed concern about how quickly things in Town are changing. He suggested that the Council consider putting a moratorium on the issuance of building permits until the dust settles. Prudence Hasnmet, 4023 -- 9Xt' Ave NE, stated that it is a privilege to live in Yarrow Point and that with that privilege comes the responsibility for homeowners to manage their own construction projects and the contractor parking needs that come with those projects. George Bower, 4676 — 95th Ave NE, suggested that the meeting could be shortened by the Council closing the issue. Art Whittlesea, 9420 NE 37th Place, stated that he has witnessed the tremendous number of people who use Sally's Alley in some fashion. He suggested that the Town require permit holders to provide parking for their contractors. He added that he is willing to volunteer to help enforce contractor parking and would encourage others to do so as well. He commented, that whether it is Sally's Alley or some other ROW, he questions whether developing parking away from the project will even work, especially for smaller projects. Mayor Berry stated that contractors are currently required to file parking plans, but they are often not followed and are difficult to enforce. David Cooper, 4236 — 90 Ave NE, noted that placing a limit on the number of open projects at any one time could be feasible since Building Official Taylor is just one person who can process only a certain number of applications and inspect a certain number of projects at any given time. Council -member Rutledge noted that he is a contractor and has done several projects in Medina under their parking restrictions. He noted that the police enforce violations not the building official. He added that he thought the process worked well in Medina — many subcontractors carpooled, suppliers knew they had to get in and out within certain time limits, etc. He suggested that the Town may want to look at banning all parking on the ROW. Approved 05/09/00 Council Minutes Page 9 of 12 David Cooper, 4236 — 941h Ave NE, asked the Council to prioritize the Planning Commission's encroachment study in light of comments received tonight as this is clearly a serious and sensitive issue. Jim Kauth, 9434 NE 37th Place, asked that the Council make a motion to dismiss this issue of developing parking in Sally's Alley tonight. On council discussion, Councilmember Harris stated that while he does not support the proposal, he believes that the issue should be referred to the Planning Commission for study prior to taking any action. Councilmember Valaas moved that it be the consensus of the Council that it is not the Town's responsibility to provide construction parking but to preserve the nature of the community and, as such, the Town should not convert existing unused rights -of -ways into parking spots; that construction parking not become a problem for its citizens; that enforcement of our existing parking regulations should be the first step toward mitigating this type of situation; and that modification of the Town's parking regulations be considered, as required. Motion died for lack of a second. Councilmember Harris reiterated that this issue should be studied by the Planning; Commission so that the entire community is taken into consideration. Councilmember Smith stated that he agrees with Councilmember Harris that the issue is bigger than the members of the Council and the: public in attendance tonight, but must be developed on the basis of what is best for the entire Town. He noted that moving the issue to the Planning Commission does not change anything immediately but allows for considered thought and additional public input over the course of several meetings. It was the consensus of the Council to table the issue until next month to allow the Council time to review the issue further. MOTION: Councilmember Valaas moved that it is the consensus of the Council that Sally's Alley not be used for parking. Councilmember Rutledge seconded. Vote: 3 Yes (Valaas, Rutledge, Mushel), 2 No (Smith, Harris), 0 Abstain. Motion carried. AB 00-025 Need for Policy regarding Trees on ROWs: Clerk -Treasurer Spens explained that Town Hall has recently received two inquiries about removing trees on public ROWs and that there is no policy outlining how to handle such requests. She added that the Council may wish to determine how important the preservation of trees on public property is to the Town before developing a policy governing the removal and/or replacement of these trees. Councilmember Valaas that the Heller lawsuit established that trees in the ROW belong to the adjacent landowner. Councilmember Smith asked Town Attorney Stewart if that established a precedent. Town Attorney Stewart answered that because the case did not proceed to Appeals Court, no precedent can be construed. He added that the question is whether the Council wants to risk another lawsuit to determine who has ownership and the right to remove trees on the ROW. Approved 05/09/00 Council Minutes Page 10 of 12 David Cooper noted that it is coincidental that the Planning Commission, at their last meeting, decided to review the issue of encroachments into the ROW. He noted that Ann Marie Rennick, the consultant is assisting the Planning Commission, Councilmember Valaas stated that we have no ordinances on the book protecting existing trees and we have a legal precedent allowing the abutting owner to remove trees from the ROW. He added that if the Council wishes to protect trees or other landscaping features on Town rights -of -way, they may pass an ordinance to protect this vegetation. Councilmember Harris noted that the report accompanying the request to remove the tree states that the tree is diseased. Clerk -Treasurer Spens noted that we had someone look at the tree informally who states that the information provided may be overstated. MOTION: Councilmember Rutledge moved to give the property owner approval to remove the tree in question and replace it with a six-foot cedar tree. Councilmember Valaas seconded. Councilmember Smith expressed concern that the motion is too vague. He added that the tree is question is very large and old but that if the Town is on notice that the tree is a hazard, we have huge liability. Councilmember Valaas restated that in light of the Heller court decision and the lack of ordinances to protect it, the Council has no jurisdiction on this matter. Councilmember Smith reiterated the need to be specific about our recommendation. Councilmember Harris added that the council needs to know if the tree poses a public menace based on its condition. Councilmember Smith noted that the property owner can turn around an cut down the tree she puts in. Vote* 2 For (Rutledge, Valaas), 3 Against (Smith, Harris, Mushel), 0 Abstain. Motion fails. It was the consensus of the Council to have a certified arborist investigate the tree and prepare a written report for presentation to the Council when available. AB 00-026 Signing "No Parking" Zones in from of Mail Pagodas: Clerk -Treasurer Spens explained Chief Archer's comments that merely stenciling' qo Parking" in from of the Town mail pagodas and mail boxes was not enforceable and that the Town would need to place a sign on each pagoda and box stating "No Parking within 10 t. lam to bpm". She added that Chief Archer had recommended using vinyl signs as they can be obtained at about one-half the cost of metal signs. Town Attorney Stewart stated that the ordinance can be enforced without signs and he will discuss the situation with Chief Archer. AB 00-027 Status of Translake Washington EIS: Mayor Berry reported that this issue was handled earlier in staff reports by the Newstrums. Is MAYOR AND COUNCIL REPORTS: Approved 05/09/00 Council Minutes Page 11 of 12 1-1 • Mayor Bent' reported that the salmon listing in the Endangered Species Act will create the need for changes in town regulations. She added that she will keep the Council informed of developments as they take place. Councilmember Smith commented that he had suggested in prior months that legislative information be distributed to citizens who are impacted by certain issues. Peter Hammett, 4023 — 941h Ave NE, asked if the 50-foot setback from the waterfront has been increased to 200 feet as part of this ESA listing. Town Attorney Stewart answered that the 4(d) rule states that the impact of runoff from sites into potential salmon waterways is the responsibility of property owners. Jim Bugbee asked if the process is retroactive. Town Attorney Stewart answered that existing applications would be vested under the rules in effect at the time of application but it is unclear how the Federal government will handle this issue. Prudence Hammett, 4023 — 941h Ave NE, asked if ChemLawn has permission to use fire hydrants to clean out their trucks and hoses. Mayor Berry stated that this is the first she has heard of this issue. Clerk -Treasurer Spens agreed. Gordon Webb, 9420 NE 37* Place, requested a ropy of the meeting tape and the minutes when available. FNXKGIWM►1r`113It[;*1043 Mayor Berry temporarily adjourned the regular session of the Council meeting at 9:55pm for an executive session to discuss personnel issues. The Executive Session was closed and the regular Council session reconvened at 10:30pm. ADJOURN: MOTION: Councilmember Valaas moved to adjourn the Council meeting at 10:30pm. Councilmember Rutledge seconded. Vote: 5 Yes, 0 No, 0 Abstain. Motion carried unanimously. Respectfully submitted, `Sue Ann Spens, Clerk -Treasurer Approved: Jeanne Ber , Mayor Approved 05/09/00 Council Minutes Page 12 of 12