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HomeMy Public PortalAbout12 December 12, 2000 TC MinutesTOWN OF YARROW POINT COUNCIL MINUTES DECEMBER 12, 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: Councilmembers: Jeanne Berry Leland Harris Lisa Mushel Steve Rutledge Richard Smith Andy Valaas Stan': Sue Ann Spens, Clerk -Treasurer Sissel Calhoun, Deputy Clerk -Treasurer Wayne Stewart, Town Attorney 18 Dewey Taylor, Town Building Official Allan Newbill, Town Engineer Guests: Paul Curtis, 9013 NE 37th Street Dennis and Sandi Chinn, 9001 NE 37`h Street APPEARANCES: None. MINUTES: MOTION: Councilmember Valaas moved to approve the minutes of the November 14, 2000 regular meeting, as amended. Councilmember Rutledge 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 12839 through I2868 in the amount of $27,628.89. Councilmember Mushel seconded. Vote: 5 Yes, 0 No, 0 Abstain. Motion carried unanimously. STAFF REPORTS: Police Report: Mayor Berry announced that Lt. Cortese is not available this evening due to a prior commitment and offered to pass on any questions to him. There were none. Approved 12/12/00 Council Minutes Pagel of 8 • Other Staff Reports: Town Engineer Newbill submitted his report in writing. Mayor Betty reviewed this staff report on his behalf. Town Attorney Stewart asked that the Executive Session scheduled for this evening be expanded to include a discussion of potential litigation. He also asked that the meeting start with Agenda Item #7 (AB 00-072 Amending the 2000 Budget) and return to items 5 and G at the end of the meeting. Councilmember Smith asked when the City of Bellevue (COB) water -main project would be completed. Mayor Betty reported that we have been checking into that this week but do not yet have a final date. Clerk -Treasurer Spens added that Town Engineer Newbill indicated that he thought they (COB) were done and will verify their status. REGULAR BUSYNESS: AB 00-072 Public Hearing: Proposed Ordinance No. 502 Amending the 2000 Budget: Mayor Berry opened the public hearing at 7:09 pm. Clerk -Treasurer Spens reviewed the areas of potential overexpenditure in the Current Expense Fund #001 and recommended that the Council pass Ordinance No. 502 amending Ordinance No. 493, which established the 2000 Budget. She added that she does not recommend changing other parts of the budget to match estimated actuals so as to be conservative. Councilmember Rutledge asked about the Local Sales Tax line and if it included the Department of Revenue payments by contractors etc. Clerk -Treasurer Spens answered yes. Mayor Berry asked if there were further comments from the public. As there were none, she closed the public hearing at 7:10 pm. MOTION: Councilmember Valaas moved to pass Ordinance No. 502 amending the 2000 Budget. Councilmember Rutledge seconded. Vote: 5 Yes, 0 No, 0 Abstain. Motion carried unanimously. AB 00-073 Public Hearing: Proposed Ordinance No. 503 Establishing the 2001 Budget: Mayor Berry opened the public hearing at 7:11 pm. Clerk -Treasurer Spens explained that the 2001 Budget presented tonight incorporates all suggested revisions made to date and our best estimate of the maximum property -tax -levy for 2001. Councilmember Smith asked why estimated expenditures exceed revenues for next year. Clerk -Treasurer Spens answered that she has estimated revenues on the low side and expenditures on the high side to be conservative. She added that we have some one-time projects in the budget that make this years expenditures higher than typical, e. g. the 92"a Ave Walkway design and the copier purchase, and that there are structural changes pending that are not developed enough to incorporate into the budget at this time that are likely to reduce expenditures. Approved 12/12/00 Council Minutes Page 2 of 8 Mayor Berry asked if there were further comments from the public. As there were none, she closed the public hearing at 7:15 pm. MOTION: Councilmember Valaas moved to pass Ordinance No. 503 establishing the 2001 Budget. Councilmember Harris seconded. Vote: 5 Yes, 0 No, 0 Abstain. Motion carried unanimously. AB 00-074 Proposed Ordinance No. 504 Setting the Clerk -Treasurer Salary Range for 2001: Clerk -Treasurer Spens explained that the clerk -treasurer salary range set by this ordinance matches that used in developing the 2001 Budget. MOTION: Councilmember Harris moved to pass Ordinance No. 504 setting the clerk - treasurer salary range, as amended to include "payable in twelve monthly installments." Councilmember Smith seconded. Vote: 5 Yes, 0 No, 0 Abstain. Motion carried unanimously. AB 00-075 Proposed Resolution No. 218 Cancelling Outdated Warrants: Clerk - Treasurer Spens explained that one of the recommendations of this year's audit of last year's financial records was that we cancel warrants that have not been presented to the bank for payment within one year of their issuance. She added that there is only one such warrant for the Town to write-off. Warrant No. 11967, and that proposed Resolution No. 218 accomplishes that purpose. MOTION: Councilmember Harris moved to adopt Resolution No. 218 cancelling warrant no. 11967 not presented for payment within one year of issuance. Councilmember Smith seconded. Vote: 5 Yes, 0 No, 0 Abstain. Motion carried unanimously. AB 00-076 Review of Mercer Island Marine Patrol Proposal: Clerk -Treasurer Spens outlined her meeting with Marc Marcroft of the Mercer Island Department of Public Safety regarding marine patrol services. She explained that Mercer Island wants to add a second marine -patrol boat and is looking for another service partner to finance this expansion. Councilmember Rutledge asked where the boats are moored. Town Attorney Stewart answered that one is kept under the East Channel Bridge and the other is kept at the Shorewood Apartments. Councilmember Smith commented that he believes this is a beneficial service to the community and likes the continuity of service along the Lake Washington shoreline that our partnership would provide. He suggested that waterfront homeowners be involved in the review process so that a Harbor Code adopted in Yarrow Point will be acceptable to those who may be most affected. Deputy Clerk Calhoun will include a notice in the newsletter. Councilmember Harris noted that the services include off-season patrols. It was the consensus of the Council that staff proceed with pursuing marine -patrol services through the Mercer Island Department of Public Safety. Approved 12/12/00 Council Minutes Page 3 of AB 00-077 Liaisons between the Town Council and other Boards and Commissions: Mayor Berry explained that she and staff have worked to improve communications between the various groups of volunteers that serve the Town on the Council, Planning Commission, Park Board, etc. She stated that she is looking for other solutions that will continue to improve communications among these groups, including having Councilmembers serve as liaisons to these various boards and commissions, or having members of the boards and commissions serve as liaisons to the Council. Councilmember Valaas stated that he favors having members of the Council attend meetings of the other boards and commissions but asked if that would put a Councilmember in the position of speaking for the entire Council. Town Attorney Stewart answered that the liaison would act more as a sounding board for the group they serve rather than as a mouthpiece for the Council. Councilmember Rutledge commented that he thinks the idea of better communication is a good one. Councilmember Valaas stated that he would be interested in serving as a liaison. Councilmember Rutledge indicated that he would also. Councilmember Smith expressed concern that liaisons might be put on the spot as representing "the Council's opinion." Mayor Berry commented that as mayor she often has to preface her remarks with the introduction "1 don't speak for the entire Council, but .. .is . Councilmember Smith asked how liaisons would provide information to the Council from the meetings they attend. Mayor Berry answered that liaisons would make brief comments during the "Mayor and Council Reports" part of the Council meeting unless they had extensive issues to discuss (in which case the report would be made as a full agenda bill.) Councilmember Smith wondered if there is value in having attendance by a Iiaison from the boards and commissions at Council meetings in addition to a Council liaison attending their meetings. He noted that this liaison "position" could serve as a training ground for future Councilmembers. Councilmembers Smith, Harris and Mushel indicated that they are interested in serving as well. It was the consensus of the Council that the staff further develop this idea, perhaps incorporating quarterly rotations, etc. AB 00-070 Public Hearing: Chinn Appeal of Hedge -Height Restrictions: (delayed from its earlier position on the agenda.) Town Attomey Stewart explained that the public hearing for this appeal was completed and closed at the October Council meeting, thus no further testimony will be taken on it tonight. He reminded those present of the agreement between the parties involved to attempt to resolve the issue through mediation and added that this mediation was not successful in resolving the issue for two of the three parties. Approved 12/12/00 Council Minutes Page 4 of 8 Town Attorney Stewart then described the Council's options tonight as follows: • The Council may deliberate in public and make their determination tonight, or • The Council may deliberate in private (closed session) and provide a public report of their determination in the form of Findings, Facts and Conclusions at a later date. The Council decided to hear AB 00-071 (the Curtis' appeal) before deciding how best to proceed with deliberations. Ali 00-071 Public Hearing: Curtis Appeal of Hedge -Height Restrictions: Mayor Berry opened the public hearing at 8:00 pm. Town Attorney Stewart swore in Building Official Taylor who explained the location of the hedge and the reasons for his changing his mind about whether a violation exists or not. Councilmember Valaas asked for an interpretation of the ordinance. He then stated that the ordinance gives a provision for appeal of the building official's determination of a violation but not for an appeal of a determination of non -violation and asked if that is a correct statement. Town Attorney Stewart answered yes. Town Attorney Stewart asked Building Official Taylor if he had found the hedge in violation. Building Official Taylor answered that he had originally found the hedge in violation but later determined that the hedge did not affect the party lodging the complaint. Town Attorney Stewart asked if the appeal was filed before or after Building Official Taylor's determination that the complainant was not directly affected. Building Official Taylor answered that the appeal was filed before his determination that the complainant was not directly affected. Town Attorney Stewart stated that the Curtis appeal before the Council is based upon the initial determination of the building official. He then stated that the he is now hearing that the building official has reversed his determination. Building Official Taylor answered that the Curtis' appeal is based on his original notice of violation but that he had re-evaluated his determination after this appeal was filed. Town Attorney Stewart explained that the hearing should heard by the Council and swore in Building Official Taylor. Building Official Taylor gave a brief presentation to the Council on his reasons for reversing his original determination, i.e. that the privacy gained by the Curtises is of greater value to them than any value gained by the Chinns in having the hedge -height reduced. He explained that the hedge is about eight feet tall and sits on top of four -foot rockery giving it the appearance of being twelve -feet high from the Chinns' side of the hedge. Councilmember Smith asked if the exterior lighting that the Curtises mention in their letter is still in place. Building Official Taylor answered that he believes most of the lighting issues have been mitigated. Approved 12/12/00 Council Minutes Page 5 of 8 Councilmember Valaas asked whether the complainant had submitted their complaint in writing as required in the ordinance. Building Official Taylor answered yes. Councilmember Valaas asked to see a copy of it. SAS noted that no copy of this written complaint has been provided to her office, thus none is in tonight's packets. Councilmember Valaas asked if the complaint was specific about the reasons for the complaint. Building Official Taylor answered yes. Councilmember Harris asked if this complaint was submitted subsequent to the complaint lodged by the Curtises about the hedge on Chinns' property. Building Official Taylor answered that sequentially the Chinn complaint about the Curtis' came to him after the Curtis complaint about the Chinn hedge but added that he has no reason to believe that the second stemmed from the first. Councilmember Harris asked Building Official Taylor to describe how the Curtis hedge affects the Chinns' view. Building Official Taylor answered that the Chinn view is not affected because of the slope of the surrounding properties and that fact this influenced his decision to reverse his original determination. Paul Curtis offered the Council a photograph of the hedge in question taken from the Chinn's driveway toward the Curtis' house. Councilmember Harris asked if the hedge provides shielding from the lights mentioned in the Curtis' letter. Building Official Taylor answered that it provides some amount of light shielding but he is not sure how much. Councilmember Smith asked if the hedge is continuous from the street to the rear property 40 line. Building Official Taylor answered no, that the hedge starts approximately a third of the way south along the west property line. Councilmember Smith noted that the photograph shows the hedge height varies white the top of the hedge is level due to the topography of the surroundings. Town Attorney Stewart asked that the first photograph be marked as Exhibit 1. Clerk - Treasurer Spens marked the photograph as directed. Town Attorney Stewart swore in Paul Curtis, 9013 NE 37'h Street. Mr. Curtis reminded the Council of Anita Skoog Neil's testimony at the October Council meeting regarding the placement of the hedge at the time the Chinns' were purchasing their home. He then offered another photograph depicting the privacy provided by the hedge from his side of the hedge, which Clerk -Treasurer Spens marked as Exhibit 2. He also stated that Mr. Chinn has planted trees on his property that exceed the height of this hedge as does the hedge on Mr. Chinn's southern property line demonstrating that he has no objection to tall vegetation, as such. Councilmember Smith asked if the mediation produced any points of agreement. Town Attorney Stewart interjected that Mr. Curtis does not have to answer that question due to the confidentiality of the mediation proceeding. Mr. Curtis answered that as Mr. Chinn had declined to enter a confidentiality agreement he has no compunction about stating that the mediator attempted to determine why the Chinas complained about this hedge and that Mr. Chinn stated during mediation that he has no real problems with the hedge, per se, but with the litigation brought by the Curtises against the Chinns on another matter. Approved 12/12/00 Council Minutes Page 6 of 8 Paul Curtis provided a third photograph (marked Exhibit 3) showing the effect of the hedge between the Chinn and the Nordstrom property on the Curtis' view. Town Attorney Stewart swore in Dennis Chinn, 9001 NE 37`h Place, who complained that he does not believe his hearing was closed in October and that he believes the Council is prevented from making any decisions tonight since no notices were sent as required. Mr. Chinn then went on to specify why he feels the hedge is in violation of the ordinance. He noted that the hedge is at least ten feet tall, not eight feet. He then stated that no definition of "directly affected" has been offered except for that proposed by the Town Attorney in which he gave the definition as being on an adjacent property line. Mr. Chinn objected to Building Official Taylor's use of discretion in determining whether and when a view right takes priority over privacy rights and vice versa. He then complained about selective enforcement of violations of the hedge ordinance. Mr. Chinn then addressed the Curtis' complaint about his lighting and stated that using it to justify leaving the hedge is inappropriate. Mr. Chinn suggested that the Council first determine what is meant by "directly affected" before attempting to enforce the ordinance or make determinations about complaints. Councilmember Valaas asked how Mr. Chinn is directly affected, Mr. Chinn answered that he is affected because he doesn't like feeling walled in by high hedges. Councilmember Valaas asked if this hedge is objectionable because it makes Mr. Chinn feel walled in. Mr. Chinn answered yes. Councilmember Valaas asked if this hedge is higher than the other hedges on Mr. Chinn's property. Mr. Chinn answered he believes it is and invited the Council to come take a look at the hedge. Councilmember Valaas again asked if the hedge on the southern property line is as tall as this hedge that makes Mr. Chinn feel walled in. Mr. Chinn answered that it probably is but added that he has allowed the southerly hedge to grow up in deference to the Nordstroms need for privacy. Councilmember Smith asked if that southerly hedge makes Mr. Chinn feel walled in. Mr. Chinn answered yes but he has deferred to the Nordstroms. Councilmember Mushel noted that if adjoining residents agree that a ten -foot hedge is acceptable, a six-foot maximum violates their desire to have a higher hedge and asked how Mr. Chinn would solve that conundrum. Mr. Chinn gave no answer. Town Attorney Stewart asked if there are other parties wishing to testify. There were no other parties so wishing. Town Attorney Stewart asked if the appellant had additional comments to offer. Mr. Curtis restated that all of the hedge plants in question are on his property and that he has verified this fact by survey and by statement of the prior property owner who planted them originally. Councilmember Harris asked about the need for hearing notices. Town Attorney Stewart answered that this and all related hearings were continued from the October meeting and no is further notices were needed. Approved 12/12/00 Council Minutes Page 7 of 8 • It was the consensus of the Council that they will discuss these matters in closed deliberations and issue written findings to all parties desiring copies. Town Attorney Stewart closed the public hearing at 8:43 pm. Councilmember Smith stated his desire to check the tape about whether proper notice was given and the conduct of the hearing in October. Councilmember Mushel suggested a separate session. It was the consensus of the Council that they will meet at 9am on Saturday December 16, 2000 to deliberate in closed session. MAYOR AND COUNCIL REPORTS: Mayor Berry expressed her appreciation for Mayor Pro Tem Valaas and Councilmember Rutledge covering for her in her absence. Councilmember Smith reported that his office has reviewed office safety and is providing a copy of the printed resource for the use of the office. Mayor Berry temporarily adjourned the regular Council meeting at 9:00pm 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. ADJOURN: MOTION: Councilmember Harris moved to adjourn the Council meeting at 9:30pm. Councilmember Valaas seconded. Vote: S Yes, 0 No, 0 Abstain. Motion carried unanimously. Respectfully submitted, Approved: Sue Ann Spens, Clerk -Treasurer I Y11eir" Zr- a- �.7 Approved 12/12/00 Council Minutes Page 8 of 8