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HomeMy Public PortalAbout11 November 14, 2000 TC Minutes• TOWN OF YARROW POINT COUNCIL MINUTES NOVEMBER 14, 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 Councilrnembers: 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 J. P. Carriveau, Webmaster Guests: Bob Trimble, 4640 — 95th Ave NE Randy Heath, 9030 Points Drive Sandi Coleman, 4419 — 92ed Ave NE Dave Cooper, 4236 — 94"' Ave NE APPEARANCES: Bob Trimble, 4640 -- 951h Ave NE, stated that he had asked an acquaintance who is a lawyer to look at the stop sign issued discussed at last month's Council meeting. He commented that the RCW states that cities shall comply with the MUTCD so far as is practicable, which explains why all of the consultant reports gave recommendations only with regard to the legality of the stop sign. He also noted that the town attorney had stated (at last month's Council meeting) that the Town would be sued whether the stop sign is in place or is removed. Mr. Trimble then suggested that the Town should choose to be as much in compliance as possible when faced with a lawsuit. He concluded by stating that the Town Council needs to understand how important compliance with the MUTCD is, especially since the Council is considering another traffic revision of sorts on the agenda tonight. Approved 11/14/00 Council Minutes Page 1 of 8 Randy Heath, 9030 Points Drive, thanked Town Engineer Newbill for having the crosswalks on Points Drive repainted. He also wanted to compliment the Town on the website, especially the "What's New" section. MINUTES: MOTION: Councilmember Smith moved to approve the minutes of the October 10, 2000 regular meeting, as written. Councilmember Valaas seconded. Vote: 5 Yes, 0 No, 0 Abstain. Motion carried unanimously. CONSENT CALENDAR: MOTION: Councilmember Valaas moved to approve the Consent Calendar as presented, including warrants numbers 12808 through 12838 in the amount of $104,600.76. Councilmember Rutledge seconded. Vote: 5 Yes, 0 No, 0 Abstain. Motion carried unanimously. STAFF REPORTS: Police Report: Lt. Cortese reported the month of October was busier with a number of car prowls. He noted that the police got a couple of prints off of one of the prowled cars, but that lead has not led anywhere yet. He also reported number of traffic infractions for the month for speeding, especially on Points Drive. Councilmember Smith complimented the on -site officer (Whitmore) who handled the recent car prowl incident at his home, particularly in helping his son deal with the emotions involved. Lt. Cortese also reported that the Clyde Hill Police budget includes an additional officer for 2001 and that this officer has been hired for training at the police academy. Other Staff Reports: Town Engineer Newbill stated that he has nothing to report. Councilmember Rutledge asked if the asphalt contractor who will be finishing after the water -main project could fill in the hole on 95`h Ave NE. Town Engineer Newbill annwered that this should not be a problem. Building Official Taylor reported that he had nothing to report. Town Attorney Stewart reported that the tapes on the table in front of each Councilmember are for their use in reviewing the October hedge discussion. He explained that the issues between the Chinns and the Curtises could not be resolved by mediation and will return to the Council in December for a hearing and action. He asked that Councilmembers use the tapes to review the hearing at last month's Council meeting in conjunction with other materials that will be provided in the Council packets for the December meeting. Councilmember Rutledge asked if the tape is confidential. Town Attorney Stewart answered no, it is from the public record. Approved 11/14/00 Council Minutes Page 2 of 0 REGULAR BUSINESS: AB 00-062 Proposed Safety Improvements at Intersection of 921d Ave NE, NE 3210d St, and Points Drive: Town Engineer Newbill explained his proposal for extending the curb to improve sight distances at the intersection of 92"d Ave NE, NE 32"d Street, and Points Drive and stated that a line has been painted on the pavement to represent the location of new extended curbing if this project is approved. He noted that after the line was painted, he observed drivers slowing down and traveling around the painted line, so it appears to work. Councilmember Vaiaas asked if there are minimum clearances to consider. Town Engineer Newbill answered that the radius was placed per Ed Lagergren's recommendation as a means of slowing traffic that is turning right from 92"d Ave NE onto Points Drive and that it represents a 35-degree radius, which is acceptable.. Councilmember Smith asked if vehicles traveling north on 92"d and turning left on Points Drive are impeded. Town Engineer Newbill answered that he observed vehicles making this turn without difficulty and that while a 50-foot radius is ideal, the 35-foot radius is more than adequate and repeated that it meets Mr. Lagergren's minimum requirements. Councilmember Rutledge asked if the design can be modified to include bollards such as are used on the other side of the street to add more visual impact. Town Engineer Newbill answered yes and that it should cost little to do so. He added that he will investigate the additional cost so that it can be included in the 2001 budget. Councilmember Vaiaas asked if the 20-foot width shown on his drawing is for the pavement or the right of way. Town Engineer Newbill answered that it is for the pavement. Councilmember Smith asked for an update on trimming the hedge. Town Engineer Newbill answered that a more thorough review revealed that trimming the hedge will not improve the sight distances as much as had been hoped but added that hedge trimming is still under consideration and discussions are still underway. Councilmember Mushel asked if there are wheelchair ramps at the bus stop. Mayor Berry answered yes. MOTION: Councilmember Smith moved to yprove including the cost of implementing safety improvements at the intersection of 92" Ave NE, Points Drive, and NE 32"d Street as depicted in Mr. Newbill's proposal dated 11/2/00 in the 2001 budget. Councilmember Harris seconded. Vote: 5 For, 0 Against, 0 Abstain. Motion carried unanimously. AB 00-063 Proposed Resolution No. 216 authorizing the Mayor to Execute an Interlocal Agreement for Watershed Planning and Conservation: Town Engineer Newbill reminded the Council that they had reviewed a draft version of this agreement as part of their meeting packets for October. He explained that he sees this agreement as a means to get a lot of "bang for the buck" since we do not have staff to fully cover the issue. He added that Approved 11 /14/00 Council Minutes Page 3 of 8 1.1 participation in this forum is similar to the Town's participation in ARCH, in that it allows the Town to participate in regional solutions given the small impact of solutions confined to the Town. Councilmember Smith asked if the Town might be asked to implement or approve any proposals that the Council might not want to implement due to a negative impact on Town residents. Town Engineer Newbill answered that the Town retains the option of leaving the group and the only risk is the loss of the $600 cost to join. He added that participation does not necessarily protect against lawsuits stemming from the 4(d) rule, but it gives the Town access to the expertise that can help the Town protect itself. Councilmember Harris asked who are the people qualified to do this work. Town Engineer Newbill answered that administrative positions will probably be filled by county staff and the technical positions may be filled by hiring appropriate individuals. MOTION: Councilmember Harris moved to adopt Resolution No. 216 authorizing the Mayor to execute an interlocal agreement for watershed planning and conservation between the listed cities, towns, and counties within Water Resource Inventory Area 8, Councilmember Smith seconded. Vote: 5 Yes, 0 No, 0 Abstain. Motion carried unanimously. AB 00-064 Proposed Membership in the Puget Sound Regional Council: Mayor Berry explained the benefits to the Town of joining the Puget Sound Regional Council (PRSC) at an annual cost of S450, especially that we will gain a stronger voice in the ongoing transportation debates involving I-405 and SR-520. Councilmember Valaas commented that he thinks that membership in this group sounds reasonable. MOTION: Councilmember Harris moved to authorize the Town to join the PSRC in 2001. Councilmember Rutledge seconded. Vote: 5 Yes, 0 No, 0 Abstain. Motion carried unanimously. AB 00-065 Mail Pagodas Repair: Councilmember Valaas commented that reviewing the correspondence, etc. related to this issue revealed that there was a lot of hands-on commitment by the residents in prior days. Council Smith added that he sees more people willing to write checks rather than roll up their sleeves and do the work themselves these days. He commented that this may be one good reason for the Town to take over pagoda maintenance, especially since that would give the Town more control over the condition of the pagodas and the image the present. Town Attorney Stewart recommended that the Town not take over maintenance since he feels the pagodas are private property even though located on public property. Councilmember Smith asked if the Town could act as a conduit for contributions from residents to maintain the pagodas. Town Attorney Stewart answered yes, if the contributions are truly sufficient to pay the actual cost of maintaining. Approved 11/14/00 Council Minutes Page 4 of C Councilmember Smith asked if the Town can buy the mail pagodas from the residents in order to maintain them. Town Attorney Stewart answered yes, if the price represents their real value. Mayor Berry asked if the Yarrow Point Community Association could make a gift of these pagodas to the Town. Town Attorney Stewart answered yes. Mayor Berry asked that action on this item be tabled until next month so that she can approach the Yarrow Point Community Association and negotiate a fair market price for the Town to purchase the pagodas. Sandy Coleman, 4419 — 92°a Ave NE, asked for clarification since she thought Town Attorney Stewart had stated the pagodas were owned by the residents. Town Attorney Stewart answered that the Council has now clarified that the pagodas are private property that the Town will seek to purchase in order to make them public. Councilmember Smith read a flyer dated Tune 1980 titled "DO SOMETHING FOR YOUR TOWN ON THE e" !" which makes it appears that the pagodas were built with the intention that they would be turned over to the Town for maintenance. He stated that he feels further investigation about ownership is in order. It was the consensus of the Council to table action on this item until clear ownership can be established ad a fair market price developed. AB 00-066 Public Hearing: Proposed 2001 Budget: Mayor Berry opened the public hearing for this agenda bill and AB 00-067 regarding the 2001 Levy at 7:50pm. Clerk - Treasurer Spens briefly reviewed the basis for the proposed budget and levy before the Council and explained that both incorporate the suggestions made at last month's Council meeting. Clerk -Treasurer Spens then explained that the King County Assessor is recommending that all cities and towns request a levy amount based on the pre-1-722 rules and that the Assessor's office will reduce the levy amount if 1-722 is not stayed by court action until its constitutionality can be determined. She reported that at least three cities have filed suits questioning the constitutionality of I-722 for the same reasons that 1-695 was found to be unconstitutional, i.e. two subjects in a single initiative. She stated that the experts studying these issues fully expect I-722 to be overturned on this basis but that ifI-722 is upheld, the Town will be able to refund the amount of tax overcollected in 1991 (approx. $22,000) from either the Current Expense Fund #001 or the Contingency Fund #103 and reduce the Property Tax revenues budgeted for 2001 (approx. $45,000) by amending the budget. Clerk -Treasure Spens closed by stating that suggestions made by the Council would be incorporated into a final budget to be presented to and approved by the Council at the December meeting. Mayor Berry asked if there were other continents from the public. As there were none, she closed the public hearing at 8:00pm. Approved 11/14/00 Council Minutes Page 5 of Councilmembers asked a number of questions about line items and made suggestions about Srevisions to the preliminary 2001 budget. Clerk -Treasurer Spens stated that she will incorporate these suggestions in the final budget presented to the Council for passage in December. AB 00-067 Public Hearing: Proposed Ordinance No. 500 authorizing a 6% Increase in the 2001 Levy and Proposed Ordinance No, 501 setting the 2001 Levy: Clerk -Treasurer Spens explained that we are using two separate ordinances for the levy this year — one to authorize the levy increase and the other to approve the levy amount — based on the King County Assessor's interpretation of current state statute. She noted, however, that the effect of these two ordinances is the same as the single ordinance used in years past. MOTION: Councilmember Harris moved to pass Ordinance No. 500 authorizing; a 6% increase in the levy for 2001. Councilmember Valaas seconded. Vote: S Yes, 0 No, 0 Abstain. Motion carried unanimously. MOTION: Councilmember Valaas moved to pass Ordinance No. 501 setting the levy for 2001. Councilmember Mushel seconded. Vote: 5 Yes, 0 No, 0 Abstain. Motion carried unanimously. AB 00-068 Suspension of Enforcement of the Hedge -Height Restriction: Mayor Berry asked Town Attorney Stewart to outline this issue. Town Attorney Stewart discussed the background of the current regulations and the increase in the number of complaints about hedge heights in some areas of the Town. He stated that staff is looking for direction from is the Council on whether to continue enforcing the ordinance as written or suspend enforcement until the Planning Commission can review and amend the ordinance, if needed. is Dave Cooper, 4236 — 941h Ave NE, explained (as Chairman of the Planning Commission) that the Commission is looking at how to balance the needs of those who think a six -feet is too high versus too low. Councilmember Harris noted that the issue boils down to one of view rights versus privacy rights. He added that there is a lot of bickering in his neighborhood about which should take precedence and who is impacted by hedge heights. Councilmember Smith asked how the Planning Commission came to develop the current regulations. Chairman Cooper answered that the Planing Commission looked at the ordinances in place in neighboring cities and towns and used those to craft an ordinance for Yarrow Point. He stated that the Commission had hoped neighbors could achieve amicable solutions between themselves most of the time, bringing the Town into the discussion only as a last resort. He added that he is disappointed that this has not proved to be the result. Councilmember Smith asked if the Planning Commission got any input that would have led them to believe that the regulations are currently written would produce the animosity that seems to have developed. Chairman Cooper answered that the Planning Commission made a number of requests for public input by various means but very few residents attended the meetings when the Commission discussed the issue and wrote the regulations. Approved 11/14/00 Council Minutes Page 6 of 8 Councilmember Rutledge asked if there is one section that produces more problems than others. Town Attorney Stewart answered that the term "directly affected" has led to the most difficulty as it is not defined in the ordinance. He added that he has interpreted it to mean adjacent property owners. Councilmember Smith asked how long it might take to amend the current ordinance. Town Attorney Stewart answered that the work of the Planning Commission itself would probably take three months or less but the fallout comes from the lack of public input. He added that unless someone sees themselves as being affected by the Planning Commission's regulations, they rarely came to such meetings and give input. He noted, however, that they will become involved (i.e. complain) when the ordinance affects them or their hedge. Councilmember Smith asked Planning Commission Chair Cooper what he thinks it would take for the Planning Commission to develop amendments to the existing regulations. Chairman Cooper answered that he thinks the Planning Commission needs direction from the Council as to what we are trying to accomplish with the ordinance; then the Planning Commission can craft a method for achieving this. Councilmember Harris noted that the primary complaint in his neighborhood was that the ordinance did not address the issues of view protection versus privacy. Town Attorney Stewart answered that he feels the real issue must be what do you want to accomplish with the regulation and does a six-foot limit accomplish that end or does some other height work better. Councilmember Valaas stated that he thinks the ordinance as written is reasonable provided "directly affected" is well defined. He added that he doesn't know if that means abutting properties or something else. Building Official Taylor stated that from his perspective, it is much easier to enforce a single height. Councilmember Smith remarked that no matter what the new regulations states, it cannot be written to cover every situation perfectly. Councilmember Valaas suggested that maybe the ordinance can allow a flexible maximum height if adjoining property owners agree but enforce a set maximum height if adjoining property owners cannot reach a consensus. Councilmember Smith suggested that the Town suspend enforcement of the hedge -height restrictions for a period of ninety days pending further review by the Planning Commission to define "directly affected", get community input, and consider the low -high idea proposed by Councilmember Valaas. It was the consensus of the Council that such enforcement be suspended and that the Planning Commission be directed to proceed with their review as quickly as possible. AB 00-069 Proposed Resolution No. 217 authorizing the Mayor to Execute an Agreement for Professional Services with JP Carriveau: Mayor Berry explained that the Town has received excellent computer -repair and webmaster services from Mr. Carriveau and wishes to formalize the arrangement with this agreement. Approved 11/ 14100 Council Minutes Page 7 of 8 • Councilmember Valaas asked if there is any relationship between the Mayor and the proposed contractor. Mayor Berry answered no other than that he went to school with her daughter. MOTION: Councilmember Rutledge moved to adopt Resolution No. 217 authorizing the Mayor to execute an agreement for professional services with .JP Carriveau. Councilmember Valaas seconded. Vote: 5 Yes, 0 No, 0 Abstain. Motion carried unanimously. MAYOR AND COUNCIL REPORTS: Mayor Berry explained that the various committees involved in the Translake EIS studies from the Points cities and towns are meeting on Thursday, November ld, 2000 to discuss the current status of the Translake process and where the various groups see it going. Mayor Berry temporarily adjourned the regular Council meeting at 9:10pm and convened an Executive Session to discuss personnel issues. EXECUTIVE SESSION Mayor Berry closed the executive session and reconvened the regular Council session at 9:30pm. MOTION: Councilmember Smith moved to adjourn the Council meeting at 9,30pm. Councilmember Valaas seconded. Vote: 5 Yes, 0 No, 0 Abstain. Motion carried unanimously. Respectfully submitted, Sue Ann Spens, Clerk- reasurer Approved: eanne Berry, Mayor Approved 11/14/00 Council Minutes Page 8 of 8