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HomeMy Public PortalAbout09A September 13, 2011 Regular MeetingTOWN OF YARROW POINT COUNCIL MEETING MINUTES September 13, 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 7:12 p.m. PRESENT: Mayor: David Cooper Councilmembers: Carl Scandella (excused) Tim Dillon Bruce Jones Roger Myklebust Lisa Mushel Staff: John Joplin — Fiscal Coordinator Sara McMillon — Clerk -Treasurer Stacia Schroeder — Town Engineer Wayne Stewart — Town Attorney Guests: Carl Stork, Yarrow Point resident Barbara Young, Yarrow Point resident APPEARANCES: None. MINUTES: MOTION: Councilmember Roger Myklebust motioned to approve the minutes of the August 9, 2011, Town Council meeting. Councilmember Lisa Mushel seconded the motion. VOTE: 3 For, 0 Against, 1 Abstain. Motion carried. Councilmember Bruce Jones abstained. September 13, 2011 MOTION.- Councilmember Roger Myklebust motioned to approve the minutes of the August 10, 2011, Town Council meeting. Councilmember Lisa Mushel seconded the motion. VOTE: 3 For, 0 Against, 1 Abstain. Motion carried. Councilmember Bruce Jones abstained. CONSENT CALENDAR: MOTION: Councilmember Roger Myklebust motioned to approve the Consent Calendar as presented including the payment approval report dated September 13, 2011, approving payments as shown totaling $71,396.36. Councilmember Tim Dillon seconded the motion. VOTE: 4 For, 0 Against, 0 Abstain. Motion carried. As part of the Consent Calendar the Council approved: 1) Payment Approval Report August 2) Check register, checks 1834 through 1875 3) Building Official Invoice 4) Town Engineer Invoice 5) Town Planner Invoice STAFF REPORTS: Mayor David Cooper commended residents Jim Bugbee and Henry Syme for quickly responding to a small fire at a Yarrow Point residence that could have become serious. The fire started in a yard waste container and had started to spread to a nearby fence. The two residents contacted authorities and squelched the fire with water from garden hoses. REGULAR BUSINESS: AB 11-039 — SR520 Eastside Transit and HOVProject Mayor Cooper read the agenda bill summary sheet. When this summary was prepared, the Town had not yet received a response from the Washington State Department of Transportation (WSDOT) on Council Resolution 300. Julie Meredith, Program Director for the SR520 Eastside Transit and HOV Project, sent an email response the afternoon of Tuesday, September 13"'. In the email she provided information on the safety of roundabouts, but did not specifically address Yarrow Point's request for an interchange redesign. Ms. Meredith stated that the request would be addressed specifically in a separate letter. Councilmember Tim Dillon said Ms. Meredith cited crash data from roundabouts in the State of Washington, but did not specify how many of these roundabouts are located in residential areas. He said he would like to know how many of these roundabouts are located in areas where traffic is not a problem. The type of roundabout planned for Yarrow Point is not recommended for a residential area, he said. Mr. Dillon said prior to this meeting, he and Lisa Mushel attended the Clyde Hill Council meeting to implore them to take another look at the interchange design. He September 13, 2011 2 said he plans to also speak to the Councils of other Points communities. Yarrow Point resident Carl Stork said he spoke to Governor Christine Gregoire last night, and she is well aware of the situation. She may be able to provide an alternate direction to WSDOT. Councilmember Roger Myklebust said Yarrow Point's proposal to keep the interchange as it currently exists is a no -cost option. Councilmember Bruce Jones said he does not think the Council has had a definitive response on the cost of changing the design yet. WSDOT has made the suggestion to Eastside Corridor Constructors (ECC), but the contractor has not yet responded. Safety can be debated with data that both supports and refutes the roundabout, Mr. Dillon said. To make the roundabout as safe as possible, it must be as ugly as possible. The question is if Yarrow Point wants a roundabout at the entrance to town. Mr. Dillon reiterated that the roundabout should be eliminated. The key issue to discuss this evening is if the letter from Ms. Meredith addresses Council concerns, Mr. Myklebust said. Mr. Jones said the Town received Ms. Meredith's letter the same day as the Council meeting, so he has not yet had time to come to a conclusion. Councilmember Lisa Mushel said she is not satisfied that Ms. Meredith's letter addresses safety concerns. The letter does not seem to address the Council's concerns, Mr. Myklebust said. The next letter from WSDOT will be more important. Mayor Cooper said the Council should consider why the letter from Ms. Meredith is not satisfactory and what else is needed. If the Town has problems with WSDOT's credibility, then regardless of what evidence WSDOT presents, it will never be satisfactory. Councilmember Dillon said the design of the Hunts Point lid was changed without a study. The problem is not WSDOT's credibility, but the design -build process. The Town should watch every detail of what WSDOT and its contractor ECC do. He said he stands firm that nothing has been provided proving the roundabout is safe for pedestrians and bicyclists. The roundabout is too large in scale and is not right for the Town. He said he would like to pass a Resolution stating that the Town does not support the roundabout based on its size, and all the elements related to the petition. Mr. Myklebust said he thinks a simple policy statement stating that the Town supports the position of a majority of its registered voters and does not want a roundabout should be passed. Members of the Council decided to wait for WSDOT's official response to a request for a redesign before drafting a Resolution. AB 11-040 — Request for Easement from Town Town Engineer Stacia Schroeder addressed the Council. She said the easement request is in conjunction with a pending site development permit application. The applicants, John and Shanna Case, plan to construct a sport court and will be adding impervious surface. In lieu of a treatment facility, the Cases would like to directly discharge storm water downhill into a wetland area. In order to discharge downhill, the Cases must cross a five-foot strip of Town property with distribution piping. She read the summary sheet included in the Council packet concerning this agenda bill item. September 13, 2011 3 Councilmember Myklebust asked how deep the pipe will be buried. Mrs. Schroeder responded that the pipe will be buried two feet under and daylights immediately. In response to a Council question, Mrs. Schroeder said the Town's future use of the land will likely not be affected because of steep slope. She said she is unaware of the specific language, but assumes that maintenance would be the owner's responsibility. Councilmember Myklebust asked if the property owner needs to pay the Town for the easement. In response, Town Attorney Wayne Stewart said payment is not a requirement, but could be made a condition of the agreement. Councilmember Jones asked if allowing this deviation from the requirement to treat the storm water establishes a precedent relating to the Town's position on detention tanks. Mr. Stewart responded that it does not. This is a unique case that will not likely be encountered again. Councilmember Jones asked if property owners were required to obtain an easement when establishing a connection to a detention tank. Mr. Stewart explained that the Case easement involves a different type of ownership. The strip of land was acquired for the purpose of blocking a commercial development that would have come into Yarrow Point from Kirkland through the wetlands area, Mayor Cooper said. Yarrow Point incorporated so that it could acquire the strip of land and require the developer to obtain permission to cross the strip. It does not seem correct to put a detention tank on a hill with a steep slope, Councilmember Jones said. Using gravity rather than a pump is preferable, Mayor Cooper said. The Town should retain ownership of the strip in case it is needed in the future for storm water outfall, Mayor Cooper said. Granting an easement does not affect ownership. MOTION: Councilmember Roger Myklebust motioned to approve the easement as presented. Councilmember Bruce Jones seconded the motion. VOTE: 4 For, 0 Against, 0 Abstain. Motion carried. AB 11-041— Status of Storm Water Utility Formation Town Attorney Wayne Stewart addressed the Council. He said at this time, Town staff is providing an update and no Council action is required. A recent study of the public storm water distribution system showed that the system is inadequate for handling flows. The Town is not currently subject to state and federal environmental regulations pertaining to storm water, but could lose its exemption at some point. The Town has discussed how a revenue stream can be developed for the purpose of improving and maintaining the public system. Mr. Stewart said in the future, the Town may also consider accepting private systems that conform to Town standards. Many cities in the area have begun this process. Due to the Town's financial position, it is not currently able to discuss accepting private systems. The process for addressing the Town's storm water needs began with a storm water study. Developing a revenue stream to pay for identified improvement projects and ongoing maintenance is the next step. Town staff and officials have discussed at length what fee residents should be charged, Mr. Stewart continued. The last time the Council discussed the rate, members of the Council decided that a "pay as you go" approach should be used and a flat rate charged. Town staff recently discussed the rate, and decided that there are still too many questions to be answered. Staff September° 13, 2011 4 would like to propose an ordinance that simply establishes the utility without discussing any of the details of what rate will be charged. The discussion of a rate and how it is calculated can be left open. Mr. Stewart suggested that a utility commission could be established made up of citizens. The commission can explore how the utility will be set up. Many people in the community have expertise that can be utilized, and additional professional assistance can be brought in if needed. If a utility commission is used, citizens are involved in the process and the rate will be thoroughly studied and discussed. Councilmember Jones asked if the Council would still need to approve the rate, and Mr. Stewart responded in the affirmative. The commission would be advisory to the Council. In response to a question from Mr. Myklebust, Mr. Stewart said public hearings are not required in any part of the process. Councilmember Myklebust said he is concerned that the Town is approving a utility without having any idea of what the rate will be. The Council has discussed the rate and determined that the Town should not do a bond issue. All the Town would be doing is establishing the utility, Mr. Stewart said. Yarrow Point's citizens may not want the utility, Mr. Myklebust said. The Ordinance can be repealed if as the result of citizen feedback the Council decides that the utility should not exist. Mr. Stewart said the State allows municipalities to establish storm water utilities so that the need can be addressed. Citizen involvement is not required, but the Town has decided that involving residents is the right thing to do. Councilmember Myklebust said he likes the idea of using a citizen commission. Someone will likely need to be hired to coordinate and advise the group. Mr. Myklebust said the Council is in favor of establishing the utility and so the Town should move forward with it. Councilmember Dillon suggested that the Council could provide some guidance to the commission. The Council discussed professional resources. The Town was in the process of preparing an open house for the public, but staff decided to recommend taking this alternate approach to citizen involvement. Town Attorney Stewart said at this point, the commission's primary purpose is to establish the rate. Further discussions are needed for working out the details, Mayor Cooper said. AB 11-042 — Review of Preliminary Budget for 2012 Mayor Cooper said the Town's budget committee is scheduled to review the budget later this month. Yarrow Point residents Andy Valaas, Jim Franck, David Feller and Bruce Jones are members of the committee. Next month the committee's recommendations will be presented. Fiscal Coordinator John Joplin said he does not yet have the final numbers for fire and health insurance, but the cost will be less than last year. One thing that was surprising is that Yarrow Point's sales tax revenue has dropped by about $50,000. This is probably attributable to the drop in construction activity, Mr. Joplin said. He reported that revenue for fines and forfeitures is down. But, jail costs are also down by about $13,000. This year the Town started to deduct funds from the Community Development Fund to pay for the time regular staff spends on processing permits. Next year the amount deducted from the fund will be reduced to 10% each for the Clerk and Fiscal Coordinator cost as opposed to 30% each this year. The change reflects the reduced work load related to community development. September 13, 2011 5 Mr. Joplin reported that money available for capital improvements is dropping. The Town is paying $90,000 a year on a loan, but the loan will be paid off in 2013. Just about enough money is collected for debt service each year. Little money remains for any capital improvement projects. Currently the Town administers two funds on behalf of the Wetherill Nature Preserve, one of which is an endowment fund. In 2012, the endowment fiend will be eliminated, Mr. Joplin said. Originally donations were to be deposited into an endowment fund so that the preserve could use the earnings and save the principal. Nobody has ever deposited money into the endowment. The Council discussed an overlay on 92°' Avenue that may take place in 2012. Town Engineer Stacia Schroeder said the Town has applied for a grant but will not know until November 14, 2012, if it will receive it. The overlay may not happen until 2014, but the Town will need to budget for an expense of about $200,000. Mr. Joplin reported that a public hearing on the budget will be held in November. AB I1-043 — Ordinance Creating Fund for Jail Property Proceeds MOTION.- Councilmember Roger Myklebust motioned to approve Ordinance 626 as presented. Councilmember Bruce Jones seconded the motion. VOTE: 4 For, 0 Against, 0 Abstain. Motion carried. MAYOR AND COUNCIL REPORTS: Yarrow Point resident Barbara Young was given the floor. She asked when the concept for the roundabout was made final. Just prior to the submission of a Request for Proposals two years ago, Mayor Cooper said. In response to a question from Mrs. Young, Councilmember Mushel said the Council was aware of the roundabout two years ago but did not understand how large it would be. Mrs. Young said she always heard about the lid but the roundabout was not brought up. Some members of the Town's advisory boards thought the roundabout would be a moderately sized traffic circle. If the Town knew about the roundabout, it didn't do a good job informing residents. Mrs. Young asked Mayor Cooper if he is in support of the roundabout. He responded that he has an open mind. There was an extensive process that was used to come up with the design and he has to recognize that. The process followed was very open and the agency was very deliberate in including the public. Councilmember Dillon said the design -build process has not been well executed. Mr. Dillon said the Mayors of the Points communities need to stop making decisions on their own. Councilmember Myklebust cautioned Mr. Dillon. The prior Council appointed people to make decisions on behalf of the town's citizens. People like Mayor Cooper were entitled to provide input on the design because the Council authorized them to. The vetting process broke down, Mr. Dillon said. Mayor Cooper urged the Council to focus on what the current problem is and how a change can be achieved at this point. This is WSDOT's project and WSDOT's problem to solve, September 13, 2011 6 Mayor Cooper said. The State did not have to include local communities. When the project went out to bid, 30% of it was designed. The Council needs to have the ability to follow the drawings as they come forward, Mr. Myklebust said. Mrs. Young asked about State funds provided to Yarrow Point. Mayor Cooper explained the Town submits invoices to the State for consultant time used to review the plans. Under a contract, it is to be used for a specific purpose. Town Planner Mona Green and Town Engineer Stacia Schroeder are the Town's professional staff reviewing construction documents. EXECUTIVE SESSION: The Mayor called an executive session at 8:40 p.m. to discuss a personnel matter. The Council came out of executive session at 8:55 p.m. ADJOURNMENT: MOTION: Councilmember Bruce Jones motioned to adjourn at 9:00 p.m. Councilmember Lisa Mushel seconded the motion. VOTE: 4 For, 0 Against, 0 Abstain. Motion carried. APPROVED: Mayor D id oper 4 SE ATTEST: ' 0 Sara cMillon, Tllerk September 13, 2011 7