HomeMy Public PortalAbout05 May 9, 2000 TC Minutes•
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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.
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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
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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.
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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
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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.
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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.
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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:
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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
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