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HomeMy Public PortalAbout06 June 13, 2000 TC MinutesTOWN OF YARROW POINT COUNCIL MINUTES JUNE 13, 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: Jeanne Berry Councilmembers: Leland Harris Lisa Mushel Steve Rutledge Richard Smith Andy Valaas (excused) Staff: Sue Ann Spens, Clerk -Treasurer Sissel Calhoun, Deputy Clerk -Treasurer Wayne Stewart, Town Attorney 0 Dewey Taylor, Town Building Official Rick Cortese, Lieutenant, Clyde Hill Police Allan Newbill, Town Engineer Guests: Lynn Rothholz, 4000 — 92nd Ave NE Ben Rothholz, 4000 --- 92nd Ave NE Ed Green, 9073 NE 41S° Street Jack Gale, 4654 — 95'h Ave NE Dottie Elwell, 8900 NE 30" Street Mike Elwell, 8900 NE 36'h Street Sheila Warsinske, 3823 _ 9, TH Ave NE Elizabeth Newstrum, 4428 — 92"d Ave NE APPEARANCES: Lynn Rothholz, 4000 --- 92"d Ave NE, asked about the possibility that the Town's insurance may be at risk because the stop sign at 92d Ave E and NE 401h Street may be in violation of the Manual on Uniform Traffic Control Design. Councilmember Smith suggested that staff be directed to investigate whether this issue or others pose a risk to the Town's continued insurance coverage. Ben Rothholz, 4000 — 92d Ave NE, stated that he takes exception to the newsletter's downplayed depiction of the "controversy" surrounding the stop. He added that he believes that the accident record and traffic volumes in the area of the stop sign do not support its Approved 06/13/00 Council Minutes Page l of 7 placement. He further expressed concern that the Town may have incurred exposure should there be an accident as a result of the stop sign. Ed Green, 9073 NE 41" Street, claims to have 206 signers on his petition to have the stop sign removed. He added that signers are claiming that the noise generated by the sign continues to increase, the signs constitute visual pollution, that speeders should be ticketed rather than penalizing all drivers, and that Mr. Penell, who led the drive to petition for crosswalks on 92nd does not use the crosswalk and has signed the petition to have it removed. Jack Gale, 4654 — 95'h Ave NE, stated that he has several concerns, particularly that the MUTCD, which sets federal standards for stop signs, does not support the current placement of the sign. He explained that he obtained traffic records from Clyde Hill Police Department for traffic violations on Yarrow Point and discovered that there were 1.75 citations per month in 1999 and 1 citation per month for 2000 year-to-date. He also found that vast majority of the violations in the last 2-1/2 years have occurred near the end of the point -- well north of NE 40"' Street. Dottie Elwell, 8900 NE 36'h Street, appeared to express concern about a parking ticket received in the past month. She explained that she was attending a membership -drive meeting of the Overlake Service League and parked on the right of way near the end of the Point. She received a parking ticket either because the wheels of her vehicle were on the paved roadway or because she as parked less than eight feet from centerline, She expressed frustration with the parking situation in Town since many property owners have placed landscaping on many rights of way, which reduces the amount of parking available. She also stated that she felt a friendly warning would have been more in line with the level of violation, that the Town is becoming less and less friendly to others. She added that she is concerned Lt. Cortese explained the parking rules as enforced by the Clyde Hill Police Department and that officers have discretion to attempt to find the owner and work situation out rather than write a citation when that is feasible. Mike Elwell, 8900 NE 36`1` Street, expressed disappointment with the Council and with the - Clyde Hill Police Department's over -enthusiastic enforcement of the Town's traffic rules. He further expressed dismay that the Council continues to talk about encroachments on the rights of way but never seems to take action. Sheila Warsinske, 3823 -- 94`h Ave NE , expressed concern about the volume of construction activities on Yarrow Point and the amount of construction -related parking. She asked what she can do to start the process of limiting the amount of construction and the number of building permits issued. Councilmember Smith noted that encroachments on the ROW and parking have been issues in the Town for many years and added that simply scraping away residents' improvements from the right of way may not be the approach. Sheila Warsinske, 3823 -- 94Ih Ave NE , asked if there is anything she can do to start the process of limiting construction permits. Town Attorney Stewart explained that limiting the number of building permits issued in a year is not legally allowable because you would be Approved 06/13/00 Council Minutes Page 2 of 7 asking a property owner to give up their right to build on their property. He added that the Growth Management Act requires timely handling of applications for all permits relating to the use of land. Elizabeth Newstrum, 4428 -- 92"d Ave NE, asked if we are a cooperating agency with legal jurisdiction with regard to SR520. Mayor Berry answered that she is having Town Attorney Stewart review the question and give her an answer. MINUTES: MOTION: Councilmember Smith moved to approve the minutes of the May 9, 2000 regular meeting as written. Councilmember Harris seconded. Vote: 4Yes, 0 No, 0 Abstain. Motion carried. CONSENT CALENDAR: MOTION: Councilmember Harris moved to approve the Consent Calendar as presented, including; warrants numbers 12613 through 12657 in the amount of $105,978.54. Councilmember Smith seconded. Vote: 4 Yes, 0 No, 0 Abstain. Motion carried unanimously. STAFF REPORTS: Police Report: 16 Lt. Cortese reported that criminal activity in May related to traffic violations; otherwise, it was a quiet month. Other Staff Reports: Town Engineer Newbill reported that the white side stripe placed opposite Tully's has caused an unforeseen problem: people now think that area is designated parking when in fact it is a no -parking zone. He explained that he spoke with a striping company and estimates the cost to add stripes at a cost of $300. It was the consensus of the Council that Town Engineer Newbill proceed with this striping. Town Engineer Newbill also called the Council's attention to the need to provide a elected official to attend the 11WMA Steering Committee meetings discussing?; the Endangered Species Act (ESA). He noted that the ESA stands to affect the Town greatly, and the involvement of electeds is of paramount importance. fie closed by strongly encouraging a Councilmember to be available to attend WRIA Steering Committee meetings representing Yarrow Point. REGULAR BUSINESS: AB 00-028 Update on Endangered Species Act: Mayor Berry introduced Deb Eddy, Executive Director of the Suburban Cities Association. Ms. Eddy explained that she tries to attend many of the smaller -city Council meetings to help them leverage their staff time. She then gave the Council a review of the Endangered Species Act and a Risk Assessment for Cities chart to assist them in assessing the Town's ability to comply with it. She explained that this chart can be used as a flow chart to address the Town's areas of exposure and to mitigate them, thereby reducing; the Town's liability and exposure to legal action. She added Approved 06/13/00 Council Minutes Page 3 of 7 that using the risk -management approach allows the Council and staff to approach the requirements of ESA and determine the best -available and most cost-effective action to minimize risks. Councilmember Smith asked about the nature of the Forum meetings and the need for representation. Ms. Eddy explained that the Watershed Forums were established as a means of addressing water -quality issues, which have inherited the ESA problem because of the species listed. She added that the forums provide the best opportunity for local participation in the issues, as well as a means to attract federal and state funding for projects intended to meet the requirements of the ESA. Councilmember Harris asked if there is scientific evidence establishing that remedies suggested at the forum meetings will save the endangered species from extinction. Ms, Eddy responded that this is the ongoing questions — whether anything governments do will have an impact on the protection of the endangered species. Councilmember Harris asked if limits on harvesting are under consideration, especially the number of fish taken by the Indians. Ms. Eddy answered that Indian treaties and limited harvest of endangered species remain conflicting issues. Town Attorney Stewart asked Ms. Eddy to address potential changes to the Shoreline Management Program that may result from the ESA listing. Ms. Eddy explained that the Department of Ecology has developed a new set of guidelines that allows for two different paths: one for private residential owners and a second for commercial owners. She added that rewriting the Shoreline Management Program of the Town may be a big issue for Yarrow Point because the Town is surrounded on three sides by water. She stated that pesticide use will also be a big issue for all residential areas. Mayor Berry expressed the Council's appreciation bath for Ms. Eddy's attendance tonight and for the ongoing efforts of Suburban Cities Association in keeping us informed on many regional issues. Clerk -Treasurer Spens reminded the Council that Town Engineer Newbill feels strongly that the Town should have an elected on the Steering Committee. Councilmembers Smith, Harris, Mushel, and Rutledge offered to attend meetings on a rotating basis provided sufficient notice of meeting dates ca be circulated. They further volunteered Councilmember Valaas' service as well. AB 00-029 ARCH Housing Trust Fund Recommendation: Mayor Berry introduced Max Bigby, ARCH Staff Member. Mr. Bigby explained that ARCH presents two rounds of funding to participating cities and towns each year. He added that Yarrow Point is being asked for our entire $2,000 budgeted contribution in support of a Habitat for Humanity project in the Coal Creek area. He noted that the Council is being asked to approve the work plan presented tonight. Councilmember Harris asked if homeowners will be able to maintain these homes once purchased. Mr. Bigby explained that most projects are designed as land and structure purchases, but that Eastside land values have skyrocketed in such a fashion as to cause the Approved 06/13/00 Council Minutes Page 4 of 7 development of a new model which allows home ownership with a land lease, much like condominiums. MOTION: Councilmember Smith moved to approve the ARCH Housing Trust Fund Spring Round 2000 Recommendations for the Coal Creek Terrace project and to authorize the expenditure of $2,000 from the Current Expense fund, as approved in the Town's 2000 budget. Councilmember Harris seconded. Vote: 4 For, 0 Against, 0 Abstain. Motion carried unanimously. Mr. Bigby distributed materials to the Council providing an update on ARCH New Initiatives 2000 to explain their outreach program. AB 00-030 Ramp Metering on SR520: Mayor Berry explained the ramp -metering issue as it stands, especially with regard to the ongoing; problem of cut -through traffic in the four Points Communities. Councilmember Smith expressed interest in turning on our ramp meters first as a means of behavior -control. Councilmember Mushel asked what type of correspondence might have been sent to residents about this issue. Clerk -Treasurer Spens answered that since no decision has been made, there is little to tell citizens at this point. MOTION: Councilmember Harris moved to authorize the Mayor to execute a joint letter from the four Points Communities to WSDOT outlining the conditions for activating the 84"' Avenue NE ramp meter. Councilmember Rutledge seconded. Vote: 4 For, 0 Against, 0 Abstain. Motion carried unanimously. AB 00-031. Update on I-405 EIS Alternatives: Mayor Berry asked Len and Liz Newstrum to give this update. Mr. Newstrum explained that he will have much more information tomorrow evening, as many key meetings are taking place tomorrow. He then described the ongoing process for developing alternatives for the I-405 EIS. Ms. Newstrum added that one of the alternatives for SR520 includes light -rail, which is not easily accommodated by the floating bridge as it is currently designed with high rises at each end and which may preclude the use of lids over SR520. Mr. Newstrum stated that Transportation Demand Management (TDM) will be a big factor in many transportation decisions made over the next several years. He explained that TDM uses combinations of tolls on high -use roads, variable tolls that change based on the time of day the road is used, and other methods that encourage people to use transit or car pools rather than single -occupant vehicles. AB 00-032 Update on Yarrow Point Website: Mayor Berry asked for Councilmember questions or continents about the website. Councilmember Smith asked how long it would take to build meeting agendas into the website. Summer Intern JP Carriveau answered that building the place into the website would be simple to do. Clerk -Treasurer Spens Councilmember Rutledge asked if Mr. Carriveau is now under contract with the Town to continue providing webmaster services. Clerk -Treasurer Spens answered that up until now, Approved 06/13/00 Council Minutes Page 5 of 7 we have been focusing on developing the website and not its maintenance; however it may be an appropriate time to address that issue now. MOTION: Councilmember Smith moved authorize staff to "go live" with the website after correcting for typographical errors. Councilmember Rutledge seconded. Vote: 4 Yes, 0 No, 0 Abstain. Motion carried unanimously. AB 00-033 Arborist Report re: Cedar on NE 40`h Street: Mayor Berry asked Deputy Clerk Calhoun to present new information about the best professional to use for this type of situation. Deputy Clerk Calhoun described a magazine article she read recently that outlined why a certified arborist may not be the best professional to approach about a tree's health. She explained that certified arborists are in the business of removing trees and will more frequently recommend removal than a consulting arborist, who is in the business of assessing the condition of trees. Councilmember Smith suggested that we notify the homeowner that the Council will allow her to remove the tree at her expense because the knowledge that we now have places a liability on the Town. He added that he wants the owner to hold the Town harmless from any damage resulting from her agent's removal of the tree. It was the consensus of the Council to have staff proceed with this notification. MAYOR AND COUNCIL REPORTS: Councilmember Rutledge reported that he has continued to study the ROW encroachment issue and is attending meetings of a citizen group. Council discussion centered on current use of the right of way and how to address the removal of landscaping; and other impediments that encroach upon the right of way. Mayor Berry noted that the right of way needs to be kept open not only for parking, but for walking, visibility, underground utilities, etc_ Further discussion centered on the need to apply the rules and regulations evenly, to provide a variance process, etc. Town Attorney Stewart commented that the issue is complicated and complex and that the Planning Commission should not be expected to have recommendations ready for the Council for at least a year. Councilmember Smith announced that Sue Smith and the Yarrow Point history group is meeting on Saturday, June 17, 2000. Councilmember Mushel asked about the status of the Points Drive Intersection traffic Study_ Mayor Berry noted that a preliminary report is under review at Clyde Hill and results should be forthcoming. Councilmember Mushel asked about enforcement of speeding by the Clyde Hill Police Department and whether the portable speed meter can be brought onto 92"d NE. Clerk - Treasurer Spens commented that the Clyde Hill would like to have the portable machine here more than is possible due to the limited number of machines available for use, the high demand for their use throughout Yarrow Point and Clyde Hill, and the difficulty in keeping the machines in operating condition. Approved 06/13/00 Council Minutes Page 6 of 7 0 ADJOURN: 0 MOTION: Councilrnember Mushel moved to adjourn the Council meeting at 9:20pm. Councilmember Harris seconded. Vote: 4 Yes, 0 No, 0 Abstain. Motion carried unanimously. Respectfully submitted, Approved: .GCc.lti_►t� ue Ann Spens, Clem- reasurer Jeanne Berry, Mayor Approved 06/13/00 Council Minutes Page 7 of 7