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HomeMy Public PortalAbout01 January 11, 2011 Regular MeetingTOWN OF YARROW POINT COUNCIL MEETING MINUTES January 11, 2011 7:00 PM The following is a summary of the proceedings and is not a verbatim transcript. The meeting is recorded, and the audio files are public record. CALL TO ORDER: Mayor David Cooper called the meeting to order at 7:33 p.m. MEMBERS PRESENT: Mayor: David Cooper Mayor Pro-Tem: Lisa Mushel Councilmembers: Carl Scandella Tim Dillon Bruce Jones Roger Myklebust Staff: Stacia Schroeder — Town Engineer John Joplin — Fiscal Coordinator Wayne Stewart — Town Attorney Sara McMillon — Town Clerk -Treasurer Lt. Kyle Kolling — Clyde Hill Police Mona Green — Town Planner Guests: Fred McConkey — Mayor of Hunts Point Julie Meredith — Director, SR-520 Project Martin Chaw — FCS Group Dan Niles — Hunts Point resident Ken Fisher — Hunts Point resident Mary Ann Jones — Hunts Point resident Carl Stork — Yarrow Point resident Dan Temkin — Hunts Point resident APPEARANCES: None. Council Minutes — January 1 1, 2011 MINUTES: MOTION.- Councilmember Lisa Mushel made a motion to approve the minutes of the regular Town Council meeting December 14, 2010, as presented. Councilmember Roger Myklebust seconded the motion. Vote: 5 For, 0 Against, 0 Abstain. Motion carried. CONSENT CALENDAR: Town Clerk McMillon noted that a letter approving the appointment of Kirk Callison to the Town Planning Commission, to fill a vacancy left by Dan Williams, was a last-minute addition to the consent calendar. The Council agreed that Mr. Callison will be a positive addition. MOTION: Councilmember Lisa Mushel motioned to approve the Consent Calendar as presented including the payment approval report dated January 6, 2011, approving payments as shown totaling $214,392.21. Councilmember Carl Scandella seconded the motion. Vote: 5 For, 0 Against, 0 Abstain. Motion carried. STAFF REPORTS: Lt. Kyle Kolling, Clyde Hill Police — Lt. Kolling reported that due to a citizen report, two suspects allegedly taking items from vehicles were arrested. Nearly all of the items were recovered. One house burglary recently occurred in Yarrow Point. On New Year's Eve, a motorist collided with the barricade at Points Drive. He was arrested for driving under the influence. REGULAR BUSINESS: AB 11-001 — Status Report on the Design of the SR520 Lid at the 84`h Avenue Crossing Mayor David Cooper provided an introduction by reading a memo into the record: "Beginning in August of 2010, some local concern surfaced regarding anticipated performance of the SR-520 entrance ramp for the new lid design for 84"' Avenue NE. Many of the performance questions focus on surface street traffic congestion concerns on Points Drive/NE 28"' Street, 84t" Avenue NE in and out of Hunts Point and from the south out of Medina/Clyde Hill. This prompted some to suggest the abandonment of the new entrance ramp design referred to as the half -diamond solution and revert to the current loop design. However, this position is not shared by all affected communities nor does traffic data prepared to date by WSDOT and independent third parties support the arguments presented." "Due to the resulting confusion and at your request, staff invited WSDOT to attend a Council study session that preceded this meeting to present the project and assist you with understanding the issue and to answer any questions you might have. Additionally, Medina Councilmember Mark Nelson participated in the presentation and presented the proposed fly over entrance ramp Council Minutes — January 11, 2011 2 design developed in collaboration with all four Points cities as an alternative to the half diamond solution." "Now that the data has been presented, WSDOT, the Governor's office and the other Points community cities are looking for the Yarrow Point Council to decide on how you wish to support the project going forward. Prior to any further discussion on the matter, correspondence received from various citizens from all four jurisdictions will be read into the record followed by public comment from those in attendance at the meeting." Mayor Cooper also wanted to read into the record several letters submitted by people who could not attend the meeting. He read a letter submitted by David Bocek, a Hunts Point resident and member of the Hunts Point Park Commission. In the letter, Mr. Bocek states that the "fly over" ramp design is the best design alternative. It is the only option that will be supported by all the Points Communities, addresses all of the issues raised, and preserves the park area that will be a great asset. Mayor Cooper also read a letter by Penny O' Byrne, a Hunts Point resident and the chairperson of the Hunts Point Parks Commission. Mrs. O'Byrne states that the Hunts Point committee formed to study alternatives to the half -diamond design is in favor of retaining the current loop design. The new fly over design proposed keeps traffic and the approach to SR520 farther removed from the Town. Hunts Point is split on the loop and fly over designs, but cannot support the half - diamond design. Mayor Cooper read a letter from Janet Daly and Henrik Nielsen, Hunts Point residents. In the letter Mrs. Daly writes that a vocal minority of Hunts Point residents, members of a Town committee, may be expressing a viewpoint that is not shared by all of Hunts Point. No formal vote has been taken regarding the interchange design. An informal poll was taken during the summer months when many people were vacationing. A select group of undisclosed residents were polled, she writes. Mrs. Daly states that people expressing a neutral decision were not kept informed or encouraged to attend meetings held in other municipalities where the interchange was a topic of discussion. At these meetings, the group misrepresented the wishes of the entire town, she writes. Mrs. Daly writes that in the interest of understanding the committee's position, she requested data supporting the group's claims but received no answer. Results of an independent study funded by the Town of Hunts Point were not widely distributed, she said. She states that the viewpoint expressed by the committee members should be considered as their own personal viewpoint due to the lack of an impartial vote. The level of support for an interchange design would be best measured by a vote of town residents, preceded by a presentation of impartial data. Speaking for her household, Mrs. Daly writes that should data be presented showing that WSDOT's proposed interchange design negatively affects public safety, the environment or traffic she would join the committee's efforts, but this is not the case. Mrs. Daly notes that she attended a public meeting where the results of the independent study were reviewed. Council Minutes — January 11, 2011 3 Mayor Cooper opened the floor to public comment. Dan Niles, a Hunts Point resident, addressed the Council. He said he is not a member of any Town committee. Mr. Niles said he is disappointed that the Points communities do not appear to be in favor of the current loop design. He said he is also disappointed that WSDOT staff members in attendance are not reporting that David Dye, a state transportation official, stated that the loop design change would add no additional cost to the project or delay the project. Mr. Niles said people who have carefully studied the pros and cons of the proposed interchange designs are in favor of the current loop. Current green space the loop affords is adequate. Traffic would flow better with the loop design. The existing flashing red light poses less congestion risk than the half -diamond or the three-way light in the fly over design. The fly over design proposes a ramp that will become a runway for fast cars, he said. Mr. Niles said he understands the benefit of the added park space, but this benefit does not outweigh the congestion risk posed. If officials were to talk to Hunts Point residents, they would find a high percentage support the loop option. Hunts Point resident Ken Fisher spoke. He said with the loop design, residents know what they are going to get. Using the loop design is not going to delay the project or create additional cost. Mr. Fisher said he does not understand why the fly over design is preferable. A free left turn would be taken away in the flyover or half -diamond design, and that is unacceptable. The fly over design doesn't solve the traffic problem. City of Clyde Hill officials do not support the loop design because they would like to eliminate cut -through traffic. Mr. Fisher said until the project to improve the bridge and the area on the other side of the lake moves forward, the Points communities will suffer from traffic congestion. He urged the Council to support retention of the current loop design. Mary Ann Jones, a Hunts Point resident, addressed the Council. She said the turnout that comes from Points Drive, to turn right on to 84"', in the fly over design does not hold that many cars. Residents would find it difficult to merge. WSDOT is not planning for the side streets and is leaving that up to local jurisdictions. She said the fly over design has not yet been thoroughly evaluated. A consensus can still be reached if the Yarrow Point Council votes to endorse the loop design, she said. Hunts Point's Council is waiting to see what Yarrow Point decides, and the Medina Council has changed its position in the past. The loop is the only option that will handle traffic effectively, she said. Yarrow Point resident Carl Stork spoke. He said the Council should consider what the traffic impact will be on local streets if the bridge is congested. Considering traffic flow is important. He said he would like to see the two lane striping extended back to the Tully's. Mr. Stork said the fly over design appears to have some negatives. The intersection at Points Drive and 84"' appears complicated. The fly over is estimated to cost $5 to $10 million more, and desirable aspects of the lid may be eliminated to assist in reducing cost. Mr. Stork said based on the information presented, it appears any three of the designs can move traffic sufficiently. If the fly over is more expensive, there will be more concrete roadway and less lid park space. Dan Temkin, a Hunts Point resident, urged the Council to consider the current look and feel of the Hunts Point community. Four lanes will be going over the lid as opposed to the three that are currently there. The other two designs require a traffic signal. He said he wanted the Council to Council Minutes — January 11, 2011 4 consider the amount of traffic that will be added to the area. WSDOT's projections are based on full project build -out. Traffic may flow freely with full project completion, but until it is finished 20 years from now, traffic congestion will occur. Councilmember Dillon said this issue is divisive. The loop design as it is works well. Bellevue is growing in population and more and more people will cut through the area. The loop is easy to use and will have less of an impact on citizens. Councilmember Carl Scandella said he has spent a great deal of time reading reports and talking with people. This issue has been studied for years, and many people have put a great deal of time and effort into the interchange design. Mr. Scandella said he sees no convincing argument that one design is better than another from a traffic standpoint. He said he would favor reaching a consensus and approving something all of the communities can agree on. The fly over option appears to be the consensus. Councilmember Roger Myklebust said he does not understand all of the facts, but one design likely will work just as well as another. Yarrow Point has been placed in the awkward position of having to make a decision on this matter. He also said he would be in favor of whatever approach will lead to a consensus. Councilmember Bruce Jones asked if in the fly over design the HOV lane exists as the outside lane and not the inside lane. WSDOT's Julie Meredith replied that this is a decision that has not yet been finalized. Reversing those lanes might be something to pursue. Mayor Cooper reported that Clyde Hill's position is that the fly over or the half -diamond are acceptable. The loop removes open space that is beneficial to all the communities. Hunts Point Mayor Fred McConkey added that with the current design, motorists cut through over 20', and the half - diamond solves that problem for Clyde Hill. Councilmember Dillon said it sounds as if residents like the way the interchange currently functions. Yarrow Point can support the loop design, the "do no harm" option. WSDOT needs to know what to build, Mayor Cooper said. Councilmember Mushel said she does not think ultimately the decision will be made by the local communities. WSDOT has not thoroughly evaluated the loop or fly over designs, and they may or may not be viable options. Goals for the design were outlined early in the process, and she is certain that one of the goals was to "do no harm". Seventy percent of design decisions are yet to be made. She said she supports maintaining or improving traffic flow as an important goal, but she said she thinks at this point information is incomplete. Mrs. Mushel said she is in favor of the fly over or the loop. She agreed with other members of the Council that Yarrow Point should not be the consensus -breaker. Budget concerns may push the fly over design out of consideration. Mrs. Mushel said she does not think she has enough data to support the loop over the half -diamond. Councilmember Jones agreed. He said he does not find the half -diamond unacceptable with the WSDOT mitigations, but needs more information. Mayor Cooper said he hears Council agreement on the fly over option, but not on an alternate. The Council discussed lane configurations on surface streets. Mayor Cooper said he would draft a letter identifying the fly over as the preferred option, with no alternate. He said he would also add language concerning surface traffic conditions. Council Minutes — January 11, 2011 5 AB 11-002 — Final Report on Storm Water Management Utility Formation Workshops — FCS Group Martin Chaw, a project manager for FCS Group, addressed the Council. He provided a summary of the workshops regarding local storm water needs and funding options FCS Group facilitated. The company is recommending the formation of a storm water management utility. Measured impervious surface may be the best basis for establishing rates because the Town already has obtained that information. Credits could be provided for homeowners who have invested a large amount of money in private storm water facilities. Councilmember Jones said he agrees that the Town should proceed with putting together the framework for a storm water utility. If utility funds are used for other associated improvements such as for roads, that might affect rates. He said this issue should be examined. Mr. Jones also said the Town should anticipate requirements to treat storm water. Waterfront property owners could contribute funds for treatment if it is required. The Council agreed that FCS Group should work with staff on putting together a scope of work and cost estimate. AB 11-003 — Second Reading of Ordinance Adopting Town Public Works Standards and Specifications Manual —Review of Standards Town Engineer Stacia Schroeder said this is a second reading of the Ordinance and associated manual. Adoption of the standards is critical so that the SR520 project team has the data they need to make decisions. At last month's meeting, a homeowner representative requested that the Council delay adoption because of how the standards affect the design of a residential construction project. An application has not yet been submitted, Mrs. Schroeder said, and the Town has not heard from the homeowner since last month's meeting. Councilmember Myklebust said the property owner could seek a variance. Mrs. Schroeder said the nonconforming driveway currently exists, but due to the permit application, the driveway will need to conform to current standards. MOTION: Councilmember Roger Myklebust motioned to approve Ordinance No. 622 as presented. Councilmember Tim Dillon seconded the motion. Vote: 5 For, 0 Against, 0 Abstain. Motion carried. AB 11-004 — Discussion of Proposal to Adopt a Local Business License — Review of Ordinance Draft Town Clerk Sara McMillon said staff developed a business licensing ordinance in response to a request from the Council. Some members of the Council had reason to believe that sales tax revenue that should be remitted to Yarrow Point is mistakenly sent to the City of Bellevue. Business licensing would assist in clarifying to business owners that Yarrow Point is a separate jurisdiction. This is the primary reason for developing business licensing in Yarrow Point. Business licensing is not intended to be a revenue generator, she said. While concrete data Council Minutes — January 11, 2011 6 showing that business licensing assists in recovering sales tax revenue is difficult to obtain, many jurisdictions have adopted business licensing for this reason as an intuitive decision. At the last Council meeting, the Council expressed concern that the Town would not be able to effectively implement business licensing. A partnership with the State's Master Licensing service would alleviate administrative burden. However, Yarrow Point's staff may not be adequate to enforce the Ordinance. She said if business licensing is strongly desired, staff will work to implement it. Another option is that staff can use other means of clarifying to business owners that Yarrow Point is a separate jurisdiction. Mayor Cooper said the Town can adopt business licensing and evaluate how well it is working at a later time. Councilmember Jones said he is not in favor of the ordinance, because he does not favor an Ordinance that cannot be effectively enforced. Business licensing is a "blunt tool" that could be a nuisance to a number of people, Councilmember Scandella said. If Town staff could clarify to construction contractors that Yarrow Point is a separate jurisdiction during pre -construction or pre -application meetings, or if staff could perform audits, those measures could be effective and would not create an administrative issue. Councilmember Myklebust suggested that at the beginning of a construction project, the Town can require a list of subcontractors so that they can be contacted concerning sales tax. Councilmember Mushel said business licensing would provide a way that the Town can require a contractor to provide the information. The State agency would lessen administrative burden. The Town should remember that this is a problem. She said the problem becomes more critical when revenue is falling. The Council agreed that staff should pursue other ways to clarify to business owners that the Town is a separate taxing entity. This Ordinance can be discussed again if it becomes apparent that it is necessary. AB 11-005 — Council Election of Mayor Pro Teen Mayor Cooper explained that according to State law the Town is required to elect a Mayor Pro- Tem annually. The current Mayor Pro -Tern is Lisa Mushel. Councilmember Mushel said she is happy to continue in that role, but would not object to the election of a different Councilmember. MOTION: Councilmember Roger Myklebust made a motion that Councilmember Lisa Mushel continue as the Mayor Pro-Tem. Councilmember Bruce Jones seconded the motion. Vote: 4 For, 0 Against, 1 Abstain. Motion carried. Councilmember Mushel abstained. MAYOR AND COUNCIL REPORTS: Mayor Cooper discussed the purchase of a permanent power generator the Council approved when the current Budget was adopted. Currently the Town uses a portable generator. However, the current generator causes power surges that could damage the Town's computer equipment. The generator also poses a safety concern because a member of staff must manually start it and hook it up. For short periods of time, the portable generator is adequate, Mayor Cooper said. During a prolonged, major emergency situation, Town Hall could not be used. Yarrow Point is Council Minutes — January 11, 2011 7 part of a larger emergency response plan and keeping the facility functional would assist officials in fulfilling emergency response obligations. Councilmember Dillon asked if a grant could be obtained to fund the permanent generator. Grants are difficult to obtain, Mayor Cooper responded. Fiscal Coordinator John Joplin said the generator would need to be approved as part of the Town's Capital Improvement Plan. Councilmember Mushel asked why the Town Hall would be considered a station for emergency response. Mayor Cooper said the Town's emergency management plan mentions partnerships with Clyde Hill, the Federal Emergency Management Agency and a hierarchy that must be in place in the event of an emergency. Yarrow Point officials would need to make decisions and communicate with other agencies. Mrs. Mushel asked how a generator would assist with maintaining communications. Town Clerk McMillon said the Town has a responsibility to keep Town Hall open for citizens to use as a resource during a major disaster. Town Hall would be a center for meeting and coordinating response. Residents would expect that they could rely on Town officials and staff to assist them during a disaster, and Town Hall would be the center of operations. Yarrow Point has obligations to fulfill as part of local and regional response plans. Councilmember Mushel said a generator with a price of $15,000 is not needed. Other members of the Council agreed that the generator should be purchased. ADJOURNMENT: MOTION: Councilmember Roger Myklebust motioned to adjourn at 9:10 p.m. Councilmember Lisa Mushel seconded the motion. Vote: 5 For, 0 Against, 0 Abstain. Motion carried. APPROVED: L\ / David Cool oo V ayor ATTEST: Y `' {i F,, a m Saia McMillon, Clerk -Treasurer ' ,N Council Minutes — January 11, 2011 8