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HomeMy Public PortalAbout12 December 13, 2011 Regular MeetingTOWN OF YARROW POINT COUNCIL MEETING MINUTES December 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 7:00 p.m. PRESENT: Mayor: David Cooper Councilmembers: Carl Scandella Tim Dillon Bruce Jones Roger Myklebust Lisa Mushel Staff: Sara McMillon - Clerk -Treasurer Wayne Stewart - Town Attorney Cpl. Michael Cox — Clyde Hill Police Mona Green — Town Planner Sgt. Jim Knauss — King County Marine Patrol Guests: Dan Galvin — Eastside Corridor Constructors Barbara Young — Yarrow Point resident David Young — Yarrow Point resident Carl Lombardi — Yarrow Point resident APPEARANCES: None. MINUTES: MOTION: Councilmember Roger Myklebust motioned to approve the minutes of the November 8, 2011, Town Council meeting and Town Council special meeting as presented. Councilmember Bruce Jones seconded the motion. VOTE: 5 For, 0 Against, 0 Abstain. Motion carried. December 13, 2011 CONSENT CALENDAR: Councilmember Bruce Jones reported that the amount approved for payment does not match the total amount of the checks presented because a check for DKS Associates was not yet printed. Mr. Jones discussed the financials with Fiscal Coordinator John Joplin prior to the meeting. Mayor Cooper explained that the Town is using DKS Associates for some of the consulting work needed as part of the SR520 Eastside Transit and HOV Project. In response to a question from Councilmember Lisa Mushel, Mayor Cooper said DKS works for all of the other Points communities in varying ways. The Town is billed for the time Mr. Eric Shimizu of DKS spends on Yarrow Point matters. Councilmember Carl Scandella asked about a deposit refund to Charles Porter. Town Clerk Sara McMillon reported that Mr. Porter recently completed a new residence and is owed a parking deposit refund. Councilmember Roger Myklebust asked if a motion is needed to amend the Council packet since new material was presented at the meeting, and Town Attorney Wayne Stewart responded that no motion is needed. MOTION: Councilmember Roger Myklebust motioned to approve the Consent Calendar as presented including the payment approval report dated December 13, 2011, approving payments as shown totaling $68,917.72. Councilmember Carl Scandella seconded the motion. VOTE: 5 For, 0 Against, 0 Abstain. Motion carried. As part of the Consent Calendar the Council approved: 1) Payment Approval Report November 2) Check register, checks 1947 through 2016 3) Building Official invoice 4) Town Engineer invoice 5) Town Planner invoice 6) AB 11 -05 3 - King County jail contract STAFF REPORTS: Cpl. Michael Cox, Clyde Hill Police — Cpl. Cox reported that activity in Yarrow Point remained low last month. Two traffic tickets were issued and one criminal citation for driving with a suspended license. One theft case was resolved between the two parties in a civil manner. Sgt. Jim Knauss, King County Marine Patrol — Sgt. Knauss provided an overall report of occurrences during the summer season of 2011, from May to September. One of two dispatch calls received was a rescue. Someone piloting a sailboat heard a noise in the engine room, and when he went below to investigate, the hatch fell and latched. He was locked inside because there was no inside release. He was trapped in the engine compartment with the motor running, but luckily was able to contact marine patrol with his cell phone. One ticket for speeding inside the buoys and five speeding warnings were issued, Sgt. Knauss reported. There were five registration violations. Officers performed inspections, some associated with speeding and some at random. Fourteen of the boats inspected failed and 23 December 13, 2011 2 passed. Sgt. Knauss said the inspections are a great way for officers to provide safety education to boaters. Councilmember Scandella asked what the most common problems are found during inspections. This year, registration and life jacket violations were most common, Sgt. Knauss reported. In general, there were more boats without life jackets this year than the King County Marine Patrol has seen before. In response to a question from Mr. Scandella, Mr. Knauss said outdated flares and illegal fireworks can be brought to the county's bomb disposal unit. Sgt. Knauss reported on other miscellaneous activities. Servicing Yarrow Point is convenient because when King County boats leave the station at Carillon Point they are facing Yarrow. In response to a question from Councilmember Dillon, Sgt. Knauss said King County Marine Patrol will be assisting during the Christmas Ship event. Mona Green, Town Planner — Ms. Green provided an update on the progress of revisions to the Shoreline Master Program (SMP). Last night planning commissioners voted to approve the draft SMP and send it to the Council for consideration. Yarrow Point has the option of sending the draft to the State Department of Ecology for an informal review. An informal review allows Department of Ecology staff to recommend revisions prior to official submittal. In response to a question from Councilmember Myklebust, Ms. Green said ecology's informal comments can go to the Council, and depending on the nature of the comments, the Council could decide to move forward or may decide to send the SMP back to the planning commission. In January, the Council can take a preliminary look at the document. Ecology's informal review should be complete in 30 days, so the Council could review the input in February. Councilmember Jones said he has attended planning commission meetings, and he thinks through the thoughtful work of the commission, the document represents what the community wants. Councilmember Scandella asked Ms. Green to provide an overview of what key issues were worked out during the planning commission review. A few new requirements were included, Ms. Green responded. The previous SMP contained setback and length requirements for docks but no square footage restrictions. A new square footage limitation and new restrictions concerning impervious area in the shoreline setback generated discussion, she said. In general Yarrow Point's new SMP is no more restrictive than it has to be. Members of the Council approved by consensus submittal of the SMP to the State Department of Ecology for an informal review. Sara McMillon, Town Clerk — Ms. McMillon reported that she has been appointed as the City Clerk for the City of Newcastle. She said she will cease working at Yarrow Point at the end of 2011, and will begin working for Newcastle in January 2012. Mayor David Cooper reported that Claudia Lauinger and other members of staff will perform Town Clerk duties until a new Yarrow Point Clerk can be hired. REGULAR BUSINESS: AB I1-054 — Eastside Corridor Constructors Noise Variance Dan Galvin, a representative of Eastside Corridor Constructors (ECC), explained the status of the SR520 Eastside Transit and HOV Project. The current decibel level allowed is around 80 decibels. ECC field engineers monitor night work with a decibel reader at various locations during the course of the night. Mr. Galvin said he has only received one complaint. Councilmember Tim Dillon said residents have made complaints informally. He asked about the December 13, 2011 3 total aggregate number of hours worked at night. Mr. Galvin responded that the number varies. ECC would prefer to do work during the day because it is safer and less expensive. If a lane must close, night work is required. Big flashing lights have been an issue, Councilmember Dillon said. ECC follows light plans and can do something about it immediately, Mr. Galvin said. Lights can be relocated or redirected, but there's no way for construction to be made quiet. Councilmember Dillon said he needs to see all of the data, including the work schedule, the hours committed, what ECC is doing. Councilmember Myklebust said he is looking for the document the Council is approving. He thought the noise variance would come in the form of an agreement or resolution. Town Attorney Wayne Stewart said there should be findings, facts and conclusions of law based on a variance. Not all matters are to be reviewed by the Council. The Council is renewing the terms and conditions set forth in a letter dated April 22, 2011, from Town Planner Mona Green. Councilmember Mushel asked if ECC has complied with the stipulations in the letter. ECC has complied, Ms. Green said. Councilmember Dillon said he cannot approve a variance if he does not know what the schedule is. ECC could work every night, which would be disastrous for the community. The initial period showed that this is not how business needs to be done, he said. There seems to be a lot of anxiety in the community, which seems to indicate a lack of communication, Mr. Dillon said. Mr. Galvin said ECC has distributed a newsletter to residents about activity. Specific, direct communication with affected residents is needed, Councilmember Dillon said. People in Yarrow Point are upset. Mr. Galvin said he can only take action if these residents come forward. Members of the Council agreed ECC should provide accurate weekly data about what is scheduled for residents. Mr. Dillon said ECC needs to provide more data before a noise variance can be approved. Yarrow Point resident David Young said a variance favors one party. He said the Council should renew the noise variance on a month by month basis rather than every six months. Originally ECC requested a noise variance for the duration of the project, Mayor Cooper said. Members of the Council decided on a six-month period. The variance is for noise only, not for lights, Mayor Cooper said. Councilmember Scandella asked Mr. Young if noise from the project is currently excessive, and he responded that he is unsure if noise is an issue because he is sleeping when the evening work is happening. Mr. Young said in general he does not think ECC shouldn't carte blanch be granted a six month variance. Barbara Young of Yarrow Point addressed the Council. When ECC closes the SR520 ramp at Hunts Point, Yarrow Point citizens are not notified, she said. A detour sign or some indication that the entrance is closed, posted near Yarrow Point, would keep people from driving to Hunts Point and then turning around to go back to Bellevue Way. Concerning the noise variance, Mrs. Young said the Council should consider the big picture. Trucks are running on to sidewalks where she is trying to walk. Workers are leaving garbage on the right of ways and causing a nuisance in the neighborhood. ECC has not proven willing to negotiate with Yarrow Point, so Yarrow Point shouldn't be so accommodating, Mrs. Young said. Yarrow Point resident Carl Lombardi said the lights are a problem. At some point somebody is going to be hit. Members of the Council, staff and citizens discussed various ways that Yarrow Point residents could be informed of when nighttime work will be taking place. Current methods of communicating were not viewed as effective. The Town and ECC may not have received many complaints, because people may be unsure of how to submit them, Councilmember Scandella said. Town Planner Mona Green said the Town could require ECC to inform people more December 13, 2011 4 frequently of when nighttime work will be taking place. Mayor Cooper agreed that the Town does not have staffing levels adequate to inform residents as frequently and directly as requested. Town staff will think of ways to improve communication, he said. The request for the noise variance will be on the agenda for January. AB 11-055 — Proposed Adoption of Storm Writer Utility Ordinance Mayor Cooper said the only change from the previous version was to add language concerning the number of people serving on the utility committee. The Ordinance currently reads there will be a minimum of three and maximum of five people on the committee. Members of the Council expressed no concerns. MOTION.- Councilmember Tim Dillon motioned to approve Ordinance 630, establishing a storm water utility, as presented. Councilmember Lisa Mushel seconded the motion. VOTE: 5 For, 0 Against, 0 Abstain. Motion carried. AB 11-056 —Proposed Adoption of Utility Undergrounding Ordinance MOTION: Councilmember Roger Myklebust motioned to approve Ordinance 631 as presented. Councilmember Carl Scandella seconded the motion. VOTE: 5 For, 0 Against, 0 Abstain. Motion carried. AB 11-057 — Public Hearing on Revised 2011 Budget and Revised Budget Approval A revised budget is needed because street expenses were greater than expected in 2011, Mayor Cooper said. A storm line blockage on NE 37'" Place needed to be cleared. Videotaping of a storm water line to scope a capital improvement project was also an unanticipated expense. Funds in the amount of $25,000 must be transferred from the current expense fiend to the street fund, and before this can be done, a budget amendment is required. Mayor David Cooper opened a public hearing on the amended budget at 8:29 p.m. No one from the public addressed the Council, and Mayor Cooper closed the public hearing at 8:29 p.m. MOTION: Councilmember Bruce Jones motioned to approve the Ordinance 632 as presented. Councilmember Roger Myklebust seconded the motion. VOTE: 5 For, 0 Against, 0 Abstain. Motion carried. AB 11-058 — Approval of Final Budget for 2012 Councilmember Scandella said at the last meeting the Council had discussed removing all funding for capital projects from the budget. However, it appears the Town is committed to $25,000 a year for costs. The fiends are a contingency, in case a capital project is needed, Mayor Cooper reported. MOTION: Councilmember Roger Myklebust motioned to approve Ordinance 633 as presented. Councilmember Carl Scandella seconded the motion. December 13, 2011 5 VOTE: 5 For, 0 Against, 0 Abstain. Motion carried. MAYOR AND COUNCIL REPORTS: Mayor David Cooper said he has received a proposal for $10,500 from Prothman, a recruiting company, to conduct a search for a new Town Clerk -Treasurer. However, because there are many people looking for employment, Prothman may not be needed. Councilmember Lisa Mushel volunteered to take charge of the effort to locate a replacement for Ms. McMillon. Claudia Lauinger is willing to serve until a new Clerk -Treasurer is hired, Mayor Cooper said. Mayor Cooper reported on negotiations taking place between state officials and a group of Yarrow Point representatives concerning the SR520 interchange at 92" d Avenue. The Town should know the result of the negotiations by Christmas Eve. ADJOURNMENT: MOTION: Councilmember Roger Myklebust motioned to adjourn at 8:55 p.m. Councilmember Bruce Jones seconded the motion. VOTE: 5 For, 0 Against, 0 Abstain. Motion carried. APPROVED: } Mayor David Cooper ATTEST: /)C L f JZc� Sara McMillon, Town Clerk December 13, 2011 6