HomeMy Public PortalAbout06 June 24, 2005 TC MinutesTOWN OF YARROW POINT
COUNCIL MINUTES
JUNE 14, zoos
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 Jeanne Berry called the meeting to order at 7:01 pm.
MEMBERS PRESENT:
Mayor: Jeanne Berry
Couneilmembers: David Cooper
Lisa Mushel
Steve Rutledge
Janine Silvemale
Andy V alaas
Staff: Larry Howard, Clerk/Treasurer
John Joplin, Fiscal Coordinator
Kyle Kolling, Acting Lieutenant - Clyde Hill Police Dept.
0 Larry McAndrews, Town Building Official
Wayne Stewart, Town Attorney
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Guests: Susan Black -- Susan Black Landscape Architects
Becky Henderson -- Marine Restoration & Construction
Mark Henderson — Marine Restoration & Construction
APPEARANCES:
None
N41N1TTFfi-
MOTION: Councilmember Mushel moved to approve the minutes as amended of the May
10th regular meeting. Councilmember Valaas seconded.
Vote: 5 For, 0 Against, 0 Abstain. Motion carried.
Drat 06/ 14/05 Council Minutes Page 1 of 9
CONSENT CALENDAR:
40 MOTION: Councilmember Valaas moved to approve the Consent Calendar including the
Warrant Register dated 06/09/05 for warrant nos. 14,755 through 14,787 totaling $51,970.04.
Councilmember Mushel made a second.
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Vote: 5 For, 0 Against, 0 Abstain. Motion carried.
STAFF REPORTS:
Police Report: Lt. Kyle Kolling of the Clyde Hill Police Department reported to Council
members that during the month of May that there had been two criminal arrests in the Town
of Yarrow Point including a DWI and six animal complaints involving l nuisance classified
animal. Lt. Kolling stated that there had also been one assault for which an arrest had been
made.
Councilmember Silvernale asked Lt. Kolling if he was aware of a construction site in the
Town of Yarrow Point where day laborers were being hired. Lt. Kolling replied that he was
aware of this construction site and that the department was monitoring individuals coming to
and leaving from this location. Mayor Berry reported that an attempted house burglary had
recently taken place in the City of Medina where an individual had entered a residence
through an unlocked door at approximately 5:00 one morning. Mayor Berry and Lt. Kolling
reported that the perpetrator had been arrested shortly thereafter.
Mayor Jeanne Berry: Mayor Berry reported that she had spoken with Judy Jesiolowski,
who along with Terri Olson is a co-chairman of this years 4` of July festivities. Mayor Berry
stated that Judy had indicated that a schedule of events for this years 41h of July celebration
would be available within a week. Mayor Berry stated that copies of the schedule would be
distributed to Council members when they became available.
Building Official Larry McAndrews: Town Building Official Larry McAndrews reported
to Council members that under grounding of power lines at the building project at 9410 401h
Street was complete. Mr. McAndrews also reported that PSE and Potelco have changed their
internal operating procedures and that the changes have resulted in delays taking place in
street permits being processed Larry reported that once permits are approved that it appears
that it is also taking longer for PSE and Potelco to address under grounding of power at new
construction sites. Mr. McAndrews stated that it appears that the utility entities are initiating
a process of upgrading transformers and poles at or near new construction sites which
contributes to the delays taking place.
Building Official McAndrews also reported that the Town's new building permit application
forms and updated instructions for those forms are being utilized and that there have not been
any complaints from contractors regarding the updates.
Draft 06/14/05 Council Minutes Page 2 of
Street Engineer Allan Newbill: Street Engineer Allan Newbill reported that Yarrow Grove
Development area is very close to meeting the requirements established by the Town for the
current developer to obtain a building permit to develop a piece of property in the area of NE
32"d Street. Mr. Newbill reported that since plans were originally initiated to develop this
property in 2003 that the piece of property referred to has gone through three developers.
Engineer Newbill stated that Basic Ventures is the current developer of the property and that
the property is now owned by Executive House. Town Attorney Wayne Stewart reported
that both he and Town Engineer Newbill recently met with the current developers of the
property and had communicated to them the guidelines set by the Town that would have to
be met in order for a building permit to be issued. Attorney Stewart also stated that Basic
Ventures had expressed interest in utilizing a bond amount on the property that had been paid
for by a party who is no longer an active player in the development of the property, a plan
which the Town opposes. Attorney Stewart stated that this issue has evidently been resolved
per the most recent communications by Basic Ventures to Town Engineer Newbill.
Mayor Berry reported that there are five properties in the locale of the Yarrow Grove
Development that are potential building sites but that only one of those building sites is the
subject of development by Basic Ventures.
Councilmember Valaas reported that there is a stop sign on the corner of NE 41" Street and
the west side of 92nd Ave NE on which the red paint has almost completely faded away.
Councilmember Valaas asked what the status was of replacing all street signs in the Town
with new metal street signs. Mayor Berry replied that the Town was waiting for the
completion of street construction projects in the Town before addressing the replacing of
street signs. Mayor Berry also stated that the Town would replace the warn out stop sign that
exists at NE 41" Street,
REGULAR BUSINESS:
AB 05-023 Public Hearing — Substantial Development Permit Application Submitted by
Town Resident Rick Thompson. Town Clerk Larry Howard reported to Council members
that Town Planner Mona Green was not in attendance at tonight's meeting and that he, Clerk
Howard, would make a brief presentation on the Thompson application. Mr. Howard did
state that Becky and Mark Henderson, representing Marine Restoration and Construction and
who had submitted the Substantial Development permit on behalf of the Thompson's, were
in attendance to answer any technical questions. Clerk Howard stated that the Thompson's
proposed application consisted of the addition of a finger pier, the construction of a moorage
cover and the installation of a second boatlift. Mr. Howard stated that the Thompson's
current pier is not in conformity with Town regulations in that it extends 167 feet into Lake
Washington and Town regulations state that a pier can not extend farther than 150 feet into
the Lake. Mr. Howard stated that the original pier at the Thompson's has been built before
the 150 foot rule had been established and that the nonconformity had been grandfathered in
as a result.
Clerk Howard stated that the proposed new construction is within the 150 foot limit and that
per Planner Green that the proposed construction is in compliance with all Town regulations.
Mr. Howard stated that the Chapter 17 of the Yarrow Point Municipal Code allows repairs,
Draft 06/14/05 Council Minutes Page 3 of 9
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STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
TOWN OF YARROW POINT
PUBLIC NOTICE
4030 95TH Ave NE
To Meagher, being first duly sworn on oath that he is the Legal Advertising
YARROW POINT, WA 98004
(425) 454-6994
Representative of the
NOTICE OF PUBLIC HEARING
ON AN APPLICATION FOR A
SHORELINE SUBSTANTIAL
King County Journal
DEVELOPNNTF RNUTXND
ISSUASEPA
I MGATED DETERIISINATION
a daily newspaper, which newspaper is a legal newspaper of general
OF NONSIGNIFICANCE
Notice is hereby given that the Town
circulation and is now and has been for more than six months prior to the date
of Yarrow Point Town Council will
of publication hereinafter referred to, published in the English language
hold a public hearing on an appli-
continuously as a daily newspaper in King County, Washington. The King
cation for a Shoreline Management
County Journal has been approved as a Legal Newspaper by order of the
et
SubstantialDevelopment Permit
(Case Number 157) submitted by
Superior Court of the State of Washington for King County.
Marine Restoration & Construction,
The notice in the exact farm annexed was published in regular issues of the
LLC, on behalf of Rick Thompson forconstruction of a pier addition, instal -
King County Journal (and not in supplement forn) which was regularly
lation of a boatlift, and construction of
distributed to its subscribers during the below stated period. The annexed
a moorage cover. The property is
located at 4664 — 95th Avenue NE,
notice, a
Yarrow Point, King County,
Public Notice
Said development is pro-
posed to be within 200' of Lake
posed
Washington or it associated wetlands.
was published on May 24, 2005,
The hearing will he held at 7:00 pm on
Tuesday, June 14, 2005 at Town Hall.
The 'Ibwn of Yarrow Point iswed a
The full amount of the fee charged for said foregoing publication is the sum
MITIGATED DETERMINATION OF
of $9$.00.
NON$IGNIFICANCE (M-DN$) under
t►U i t t r t l g1".,
the State Environmental Policy Act
Rules ( Chapter l i for the
� �,•}3 �]�j �O�
April
above project an April 7, 200 20fl5. After
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review of a completed environmental
:' �p�AR�'`•
Tom Meagher;' •'
checklist and other information on rile
with the Town, the Town of Yarrow
Legal Advertising Representative, King County Journal = EXP
Point determined that this proposal
cn's 04l2812009
Subscribed and sworn to me this 24th day of May, 2005.
will not have a probably significant
adverse impact on the environment.
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Copies of the M-DNS and application
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Qeu.•••• .� \�
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detail are available at Town Hall.
Interestrd are encouraged to
IVAS "��
�117drm to%%i
persons
attend.
lady L. Barton
Larry Ifaward,
Clerk -Treasurer
Notary Public for the State of Washington, Residing in Kirkland, Washington
Published in the Icing County Journal
P.O. Number:
May 24, 2005. #859216
Cost of publishing this notice includes an affidavit surcharge.
remodeling and additions to a nonconforming structure as long the work does not increase
the degree of nonconformity. Mr. Howard reported that the remodel and addition to the
Thompson pier does not add to the degree of nonconformity. Clerk Howard concluded by
stating that 1.) the Thompson application for a substantial development permit had been an
agenda item at the May Yarrow Point Planning Commission meeting and that the Planning
Commission voted 3-0 to recommend that the application be approved, 2.) that public
opinion had been solicited regarding the application and that there had not been any public
comment directed to Town Hall, 3.) that the application had been reviewed by regulatory
agencies without any objections having been expressed and lastly 4.) that if the Council
approved the Thompson application that it would next be directed to the Department of
Ecology for a month review process.
Councilmember Cooper asked if the same Town Zoning regulations apply to a
nonconforming; dock as applies to a nonconforming structure, Town Attorney Stewart
replied that per the Municipal Code that additions to or remodeling of an existing
nonconforming dock is allowed as long as the nonconforming feature of the dock is not
increased in degree as a result of the construction.
Mayor Berry opened a public hearing on the Thompson application for a Shoreline
Substantial Development Permit at 7:30 pm. There were no public comments made
regarding the Thompson's application for a Substantial Development Permit and Mayor
Berry closed the public hearing at 7:31 pm.
Motion: Councilmember Mushel moved to approve the application for a Substantial
Development Permit as submitted on behalf of Rick Thompson at 4664 95`r Ave NE in
40 Yarrow Point. Councilmember Valaas made a second.
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Vote: 5 For, 0 Against, 0 Abstain. Motion carried.
AB 05-024 Public Hearing — Town of Yarrow Point Six Year Transportation
Improvement Program.
Town Clerk Larry Howard reported that the State of Washington Department of
Transportation requires that municipalities submit six year transportation improvement
programs each year and that this years report was due the first week in July. Mr. Howard
reported that at the Town of Yarrow Point Staff meeting held in ,tune that staff members had
approved submitting a six year transportation improvement program identical to the six year
transportation improvement program submitted in 2004. In reference to the first priority item
in the Town's proposed program, an overlay of 92Id Ave NE from SR 520 to NE 41st Street,
Council member Valaas asked if this project included raising catch basins and grates. Mayor
Berry replied that it did, Mayor Berry also stated that the plan that will be submitted to the
State of Washington is only a plan, the details of which can be changed by the Town at a
later time. Mayor Berry stated that need of an overlay on NE 40th and plans for construction
of a Town fountain are two items which could materially change the Town's six year plan as
it is presented to Council members tonight. .
Draft 06/14/05 Council Minutes Page 4 of
Councilmember Silvernale asked if King County Water District No 1 was responsible for
replacing cold patches that it has applied to various streets in the Town during its current
40 construction project. Mayor Berry replied that the Water District is responsible for replacing
those cold patches and that it has indicated that it will do so probably some time in July.
Town Street Engineer Allan Newbill stated that the King County Water District wi 11 be doing
considerable work restoring streets and right of ways in the Town and he provided a list of
specific areas where work will be undertaken. Councilmember Cooper asked if water district
officials hold regular meetings with the Town. Mayor Berry replied that water district
officials stay in continuous communication with Town staff and that they provide reports to
the Town, published on the Towns web site, on a frequent basis.
Mayor Berry opened a public hearing on the Town of Yarrow Point Six Year Transportation
Improvement Program at 8:36 pm. It was noted that there were no residents or other public
figures in attendance to testify. Mayor Berry closed the public hearing on the Six Year
Transportation Improvement Program at 8:37 pm.
Councilmember Valaas asked Town Street Engineer Allan Newbill if the City of Clyde Hill
was flexible as to when a joint project to overlay Points Drive might be done. This was the
second priority item as listed on the six year transportation improvement program. Mr.
Newbill replied that the City of Clyde Hill was not locked into any certain time frame as to
when this project might be initiated. Mr. Newbill stated that Clyde Hill would be addressing
their six year plan at their July Council meeting. Mr. Newbill reported that City of Clyde
Hill would be willing; to schedule an overlay of Points Drive for 2007 at the same time that
Yarrow point has scheduled their overlay program. Mr. Newbill added that the City of Clyde
Hill has taken on a joint project with the City of Bellevue in paving 901h Ave NE, a street that
divides the City of Clyde Hill and the City of Bellevue. Mr. Newbill emphasized that where
it is possible to make two or more individual projects joint projects that the joint project
receives higher priority by contractors than would each of the individual projects and that
making individual projects joint projects also results in a lowering of costs.
Councilmember Rutledge made a motion to approve Ordinance No 550, adopting a Six Year
Transportation Improvement Program for 2006 through 2011. Councilmember Valaas made
a second.
Vote: 5 For, 0 Against, 0 Abstain. Motion carried.
AB 05-025 Updated Zoning Code Ordinance. Town Attorney Wayne Stewart reported to
Council members that at the June Council meeting that they had approved the Town's
updated Zoning Code, Chapter 17 of the Municipal Code. Attorney Stewart presented to
Council members Ordinance No 549 amending the Yarrow Point Zoning Code and repealing
Ordinance No 453 and all other ordinances in conflict with new Ordinance No 549.
Councilmember Valaas pointed out that repeal of Ordinance No 453 was in the title but not
in the body of the printed copy of Ordinance No 549 distributed to Council members. Town
Clerk Howard acknowledged the omission and stated that the final copy would have this
paragraph included. Council members again thanked members of the Planning Commission
for the work that they put into updating the Zoning Code.
Draft 06/14/05 Council Minutes Page 5 of 9
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Councilmember Valaas made a motion to approve Ordinance No 549, Zoning Code,
amending Title 17 of the Yarrow Point Municipal Code and repealing Ordinance No 453 and
all other ordinances in conflict herewith and as amended for inclusion of paragraph number
No 3 in Ordinance No 549, Councilmember Mushel made a second.
Vote: 5 For, 0 Against, 0 Abstain. Motion carried.
AB 05-26 Community Block Grant Interlocal Cooperation Agreement, Town Clerk
Larry Howard reported that over the years that the Town of Yarrow Point has participated
with a group of other suburban communities in an interlocal cooperation agreement with
King County regarding Community Development Block Grants. Mr. Howard reported that a
new interlocal agreement has been created by the county whereby funds will be pooled into
two sub -regional pots, one for the south sub region and one for the north/east region. Clerk
Howard reported that when the Council books were distributed to Council members that the
King County Council had not yet adopted the new CDBG Interlocal Agreement but that the
agreement had been delivered by the County to interlocal members in anticipation that the
King County Council would pass the new agreement. Mr. Howard reported that on the
Monday following the delivery of the Council books to Council members that the King
County Council had indeed passed the CDBG Interlocal Cooperation Agreement. Mr.
Howard stated that interlocal agreements signed by King County officials were in the mail to
member suburban communities so they could be signed by community officials pending
passage by their Councils.
Mayor Berry reported that the Town of Yarrow Point has been a member of this CDBG
Interlocal Cooperation Agreement for approximately 8 years and that member suburban
communities are cities and towns which do not qualify for their own entitlement funds and
that the program works in conjunction with the ARCH program. Councilmember Valaas
stated that that he was concerned with section seven of the agreement which requires
participating members to certify that they have adopted and enforce:: 1.) a policy that
prohibits the use of excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged in non-violent civil rights demonstrations; and 2.) a policy
that enforces applicable state and local laws against physically barring entrance to or exit
from a facility which is the subject of non-violent civil rights demonstrations within a
jurisdiction. Councilmember Valaas asked if the Town could produce a copy of such a
policy. Mayor Berry replied that if such a policy exists that it would be in the possession of
the Clyde Hill Police Department. Mayor Berry asked Town Clerk Howard to check with
Clyde Hill Police Chief William Archer as to the existence of such policies.
Councilmember Valaas made a motion to authorize Mayor Berry to negotiate on behalf of
the Town and to sign the Interlocal Cooperative agreement with King County for a
Community Development Block Grant program. Councilmember Rutledge made a second.
Vote: 5 For, 0 Against, 0 Abstain. Motion carried.
Draft 06/14/05 Council Minutes Page 6 of 9
0 AR 05-27 The Moving of and Design of the Town Fountain.
Susan Black, Landscape Architect from Susan Black &. Associates presented to Council
members designs for a new Town fountain at NE 471h Street, just west of where the current
Town fountain is located. The designs that Architect Black presented included a sixteen foot
island in the center of which would be a fountain with a covered reservoir. The design
presented included a curb around the fountain and Susan reported that utilities were located
in the right of way area next to the new proposed fountain which would supply fountain
utility needs. Susan stated that the new design included an option for either cement or
granite being placed as part of the roadway leading from both sides of NE 47'h to the fountain
area. Susan stated that if granite were used that it would match the granite that would be
used in the construction of a proposed wall to be located in the right-of-way north of where
the current Town fountain is located. She added that the granite or cement texture on the
roadway would emphasize that the fountain was a pedestrian area.
Landscape Architect Black continued by stating that the island would be approximately three
feet in height and that the fountain area could be lighted if Council members so preferred.
Susan indicated that both sides of the NE 47`h roadway would be made wider at the fountain
location and stated that by moving the fountain 10 feet west from where the current Town
fountain is located that the island would be taken out of the turning radius of 92nd Ave NE.
Architect Black also provided a drawing showing the design for the proposed new wall.
Susan indicated that the new wall will have the same look as the wall which exists at the
entrance to the Town on 92nd Ave NE.
Susan Black next asked Council members if water from the drinking fountain should run into
a sanitary sewer. In answer to a question from Councilmember Mushel Susan stated that the
reservoir area of the fountain would be accessible for pressure washer cleaning via
removable grates which would cover the reservoir area. Susan stated that the approximate
cost for this proposal would range from $65,000 to $1 10,000 depending which features were
included or excluded. Council members in reference to the issue of lighting the fountain
indicated that they wanted both underground and above ground lighting to be a part of a new
fountain area.
Council members asked Town Street Engineer Allan Newbill if a traffic analysis could be
done for the area where the new fountain will be located. Mr. Newbill replied that at the
proposed location that a 35 foot turning radius will need to be established for truck traffic on
NE 47`h Street Engineer Newbill also recommended that survey cross sections be done on
47"' to determine what effects making NE 47" wider would have on surrounding properties.
Both Councilmember Valaas and Architect Black indicated that the impact of making NE
47"' wider would be minimal in relation to surrounding properties. Mr. Newbill asked if the
Town felt comfortable placing the new Town fountain over an existing water main. Council
members replied that they were comfortable in placing the fountain at this location. In
reference to the traffic analysis question presented to him earlier Mr. Newbill asked what
information the Council was seeking in requesting that a traffic analysis be done. Council
0 members responded that they were primarily concerned with liability exposure issues
Draft 06/14/05 Council Minutes Page 7 of
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regarding a fountain placed in the street at NE 47`h and also with the issue of trucks being
able to maneuver on NE 47`h in the area where the fountain is proposed to be located.
In reference as to whether granite or cement should be used on the roadway by the fountain
to indicate that the fountain area is a pedestrian area, Council member Valaas indicated that
he favored using granite. Council member Cooper stated that at 4`h of July celebrations
electricity for bands has been supplied by a private residence. Mr. Cooper suggested that in
the process of constructing the new wall and fountain that a power source be included in the
construction so that power will be available for community events.
Council member Cooper suggested that the fountain plans be displayed at the 4`' of July
festivities for Town residents to look at and make comments on. Councilmember Valaas
suggested that the next step in the fountain planning process consist of taking the fountain
plans to the Park Board for their observations and comments. Mayor Berry instructed Town
Clerk Howard to include fountain plans as an agenda item for the next Park Board meeting.
Mr. Howard stated that the fountain would be included on the Park Board agenda.
Mayor Berry suggested that a plaque be attached to the new wall or fountain which would
state the date that the new fountain and wall were constructed and possibly having current
and old Council members names notated on it. Council members discussed the plaque and
asked what it might look like. It was decided that the idea of a plaque and what information
to put on it would be discussed at a future Council meeting. It was the consensus of Council
members that they liked the fountain design presented to them and that further discussion
regarding design should be discussed at the July and future Council meetings.
MAYOR & COUNCII. REPORTS
Mayor Berry stated that she was in possession of Memorandum of Understanding from
WIRA #S which is the group of people who have combined with the King County Dept. of
Natural Resources and Parks for the provision of watershed planning related activities.
Mayor Berry indicated that the Town of Yarrow Point was part of an interlocal agreement
with entities involved in the Cedar Watershed and that the interlocal dealt with promoting
healthy salmon tuns and the preservation of salmon. Mayor Berry stated that WIRA 8 is
asking that the interlocal agreement be extended for one additional year through 2006 and
that the extension requires Council approval. There was a consensus among Council
members that the Council authorizes Mayor Berry to sign the Memorandum of
Understanding indicating that the Town of Yarrow Point supports that the interlocal
agreement referred to be extended one additional year through December 31, 2006.
Councilmember Cooper stated that lie was concerned that water meters being installed in the
right of ways of the Town of Yarrow Point represent a hazard. Councilmember Cooper
stated that he has observed meter boxes that extend by as much as 10 inches above the level
of the roadways and right-of-ways in the Town. Councilmember Rutledge made the
observation that the old water meters were located on resident property lines and that all of
the new meters are being pulled out into the street areas. Mr. Cooper indicated that lie would
Draft 06/14/05 Council Minutes Page 8 of 9
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spearhead a response to this issue and Mayor Berry instructed Town Clerk Howard to contact
Water District officials concerning this matter. Mr. Howard replied that he would do this.
Councilmember Cooper asked if it was possible for the Town to incorporate driver impact
fees into the Town's building permit fee structure. Mr. Cooper indicated that construction
activity results in wear and tear and sometimes damage to the Town's streets and that
implementation of such a charge would be a means of keeping Town streets in repair.
Councilmember Cooper indicated that there are other jurisdictions that collect such a charge.
Town Attorney Stewart stated that that he would research driver impact fees being
incorporated as part of a building permit fee and report his findings to Council members.
Councilmember Silvernale asked for clarification on whether sold by signs are allowed in the
Town and also asked for clarification as to what the Town permitted in right-of-way areas.
Mayor Berry responded that per the municipal code that sold by signs are not allowed in the
Town and that also per the municipal code that only grass and gravel may be placed in right-
of-way areas in the Town.
Councilmember Mushel reported that the Town was going to have an insurance review with
Washington Cities Insurance Authority on June 30 at Town Hall. Councilmember Mushel
indicated that Town Clerk Howard, a representative from Washington Cities Insurance
Authority, and she, Councilmember Mushel would be attending.
At 8:40 Mayor Jeanne Berry announced the beginning of an Executive Session
Mayor Berry announced the end of the Executive Session at 8:50 p.m.
ADJOURN
MOTION: Council member Valaas moved to adjoum the Council meeting at 8:52 p.m.
Council member Rutledge made a second.
Vote: 5 Yes, 0 Against, 0 Abstain. Motion carried.
Respectfully submitted,
Larry Haw d, lerk-Treasurer
Approved,
eanne Berry, Mayor
Draft 06/14/05 Council Minutes
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