HomeMy Public PortalAbout03 March 8, 2005 TC Minutesi TOWN OF YARROW POINT
! COUNCIL MINUTES
MARCH 8, 2005
7:00 PM
The following is a condensation of the proceedings and is not a verbatim transcript.
CALL TO ORDER:
Mayor Jeanne Berry called the meeting to order at 7:00 pm.
MEMBERS PRESENT:
Mayor: Jeanne Berry
Councilmembers: David Cooper
Lisa Mushel
Steve Rutledge
Janine Silvernale
Andy Valaas
Staff: Larry Howard, Clerk/Treasurer
John Joplin, Fiscal Coordinator
Kyle Kolling, Acting Lieutenant - Clyde Hill Police Dept.
Larry McAndrews — Town Building Official
Joe Willis, Pathway Project Manager
Guests:
John DesCamp — 9045 NE 40'h P1
Cheryl Pietromonaco --- 3445 92"d Ave NE
Dan Williams — 4224 95'h Ave NE
APPEARANCES:
Cheryl Pietromonaco — 3445 92"d Ave NE
Cheryl reported to the Council that this was her fourth appearance before Council members
and that she was again appearing to report on damage to and a subsequent substandard repair
to a section of NE 35'h Street located near her residence. She stated that at the February 2005
Council meeting that she had reported to Council members regarding her problem on NE 35'h
and that she had been told that Town Attorney Stewart would write a letter to her stating the
Town's and the Council's position regarding her complaint. Cheryl went on to state that to
date that she has not received such a letter from the Town. Town Attorney Stewart
responded that he was currently in the process of drafting a letter to Cheryl and that his letter
would be sent in the next few days.
Cheryl asked Attorney Stewart what the letter would state. Attorney Stewart responded that
the letter would state that NE 35'h is a private lane and that as such the Town was not going
Drafl 03/08/05 Council Minutes Page 1 of 12
to intervene in the dispute regarding repair of NE 35l" Street. Cheryl asked for an
explanation why the Town had arrived at this decision. Attorrig Stewart responded that he
had provided Cheryl with an explanation, that being that NE 35' Street is a private lane and
that private lanes are the responsibility of the residents living on them. Cheryl replied that
Town Attorney Stewart's response was not an adequate explanation and again asked that she
be provided with a reason why the Town is taking the position that it has. Councilmember
Valaas stated that as an individual Councilmember he supported Town Attorney Stewart's
position that the Town is not involved in the maintenance of private lanes. Cheryl asked why
her neighbor had been sent a letter stating that they, her neighbors, had to repair the street.
Mayor Berry replied that the neighbor to whom the letter had been sent had repaired the
street.
Councilmember Silvernale brought up the issue that not all of the heavy truck traffic on NE
35`h' at the time the street was damaged, was related to construction activity ongoing at
Cheryl's neighbor. Councilmember Silvernale stated that as a result of there having been
heavy traffic associated with more than one project on 35`h that it was impossible for the
Town to determine exactly who was responsible for the damage that had taken place at NE
351h. Again Cheryl stated that she was not satisfied with the Town's response and again
asked for a reason why the Town had arrived at the decision that it had. Mayor Berry
instructed Cheryl that her 3 minute time limit had been exceeded and asked that she leave
which she proceeded to do.
is MINUTES:
Councilmember Rutledge stated that at the February meeting that he had made a couple of
comments in reference to the Planning Commission's update of Title 17, Zoning, of the
Town of Yarrow Points Municipal Code and that these comments had not been reflected in
the minutes. One comment had consisted of question asking if the Planning Commission
had included a definition for church in their update of the Code. The second comment
referenced gravel being an impervious surface per the updated Code and asked what the
impact of gravel being an impervious surface would be for the smaller lots in the Town.
Councilmember Rutledge asked if these two issues had been addressed to the Planning
Commission at their February meeting. Town Attorney Stewart replied that they had not but
that they would be so addressed at the March 1 4`h Planning Commission meeting.
Councilmember Cooper stated that he recalled having stated a great deal more about the
financial analysis of the 92"J Ave project than was reflected in the minutes of the February
meeting. Councilmember Cooper stated that he would have to review the tapes of the
meeting to determine exactly what he had stated. Clerk/Treasurer Howard stated that there
had been a recording failure at the February meeting and that the minutes for February were
not as detailed as they might have been.
MOTION: Councilmember Valaas moved to approve the minutes as amended of the
February 8th regular meeting. Council member Rutledge seconded.
0 Vote: 4 For, 1 Against, Abstain. Motion carried.
Draft 03/08/05 Council Minutes
Page 2of12
•
CONSENT CALENDAR:
MOTION: Councilmember Silvernale moved to approve the Consent Calendar including the
Warrant Register dated 03/04/2005 for warrant nos. 14,667 through 14,694 totaling
$79,075.99. Councilmember Valaas seconded.
Vote: 5 For, 0 Against, 0 Abstain. Motion carried.
STAFF REPORTS:
Police Report: Clyde Hill acting Lieutenant Kolling reported to the Council that there had
been a number of car prowls in the Town of Yarrow Point in February and that purses and
briefcases had been taken. Lieutenant Kolling indicated that the culprits seemed to know
ahead of time which cars had valuables in them. He continued by stating that all of the
families who owned cars that had been broken into had sophomores in their households who
attended Bellevue High School. He added that these incidents are still being investigated and
urged local citizens when leaving their cars to lock them and to remove any valuables.
is Lieutenant Kolling also reported that the Clyde Hill Police Dept. has anew cruiser on the
road and that the department has purchased lidar systems to replace their old radar systems.
He stated that compared to radar that lidar is an advanced technology and that an increase in
the number of speeding infractions issued should result. He also reported that his department
has two vacant positions and that oral boards will soon be administered for 7 candidates
interviewing for the two positions.
Mayor Berry reported that she usually sits in on the oral boards but that her schedule will
prevent her from doing so for the upcoming interviews. The Mayor asked if anybody would
like to sit in her place. Town resident John DesCamp, who was in attendance at tonight's
meeting, indicated that he would like to volunteer. Mayor Berry thanked Mr. DesCamp for
volunteering his time and stated that it should be an interesting and educational experience.
Councilmember Silvcmale thanked the Clyde Hill Police Department for patrolling the
Town's school bus stop areas during loading and unloading of students. She reported that
officers focusing on individuals ignoring stop signs had improved safety at these stops.
Building Official Larry McAndrews: Larry indicated that he had been involved in a
meeting with Lee Sims regarding construction of Mr. Sim's new residence at NE 40'h St,
Larry reported that Mr. Sims reported that he had reached an agreement in a meeting with
Town officials regarding the under grounding of power to his new home. Larry continued
by reporting that Mr. Sims had asked Larry's assistance in regards to obtaining adequate
water pressure for his new residence.
Draft 03/08/05 Council Minutes Page 3 of 12
Mr. Sims had told Mr. McAdrews that he had wanted to obtain water for his new residence
via one of two water mains at 94th Ave NE but that the water district had not allowed his
tying into either of these two mains due to the upcoming King County Water District No. l
construction project. Mr. McAndrews reported that after researching the situation that he had
determined that King County Water District No 1 was to begin construction on the update to
their distribution system in approximately one week. He stated that he had been told that the
initial stage of construction would consist of installation of water capacity up NE 40th Street.
Larry stated that he had been told by water dept. officials that Mr. Sims would be able to tie
into this portion of the distribution system.
Mr. McAndrews went on to report that Mr. Sims anticipated completion of construction of
his new residence in approximately one month. Larry stated that King County Water District
No 1 had indicated that it would be approximately two months before Bellevue water would
be running through the new distribution system and that until Bellevue water was turned on
in the new distribution system that water pressure would be very low in the area of the Sims
residence.
Mr. McAndrews stated that he was concerned whether a certificate of occupancy could be
given to Mr. Sims when his house was finished. He stated that there was a concern on the
part of the Bellevue Fire Department whether there would be adequate water pressure, prior
to Bellevue water becoming available, to meet fire department needs. Mayor Berry replied
that having communicated with Bellevue hire Dept. officials regarding the water project
update and with their having attended meetings regarding the project that she did not
anticipate that they would hold up a certificate of occupancy from being issued.
Councilmember Valaas asked in a scenario such as described above what would happen if a
resident moved in a new residence before their power was under grounded or prior to the
Bellevue Fire Dept, approving; adequate water .flow. Mayor Berry replied that electricians
are currently working at under grounding power to the Sims residence. She went on to state
that a certificate of occupancy would not be issued to a resident if they did not meet Town
requirements per the scenario described. Councilmember Cooper stated that he favored
setting rigid timetables for completion of items sited in a scenario as described above. He
stressed that if the timetable were not met that he would favor the issuance of a stop work
order. Councilmember Cooper asked Mr. McAndrews if a timetable had been established for
the contractor at the Sim's site for completing the under grounding of power. Mayor Berry
replied that at the meeting at Town Hall with Mr. Sims that such a timetable had been
established for completion of under grounding.
Mayor Berry reported that Mr. Sims had told her that she, Mayor Berry, had given him
permission to overhead his power when she had actually told him that he was required to
underground and that Mr. Sims told both Town Attorney Stewart and Mayor Berry in a
meeting between the three that PSE had told Mr. Sims that he would be allowed to install
over head power at his new residence. Per an ordinance passed in 1996 the Town and PSE
established that all future construction sites would be required to do under grounding of
41 power lines. Councilmember Valaas stated that the Town should remind Mr. Sims that he
will need a street opening permit for under grounding of his power supply. Town Attorney
Draft 03/08/05 Council Minutes Page 4 of 12
Stewart suggested that a reminder be issued via a follow up letter to Mr. Sims. Building
Official McAndrews stated, consider it done.
Councilmember Valaas made reference to a new residence at 9229 NE 40`h where there is
landscaping in the right of way area. Councilmember Valaas stated that the Town had told
the owner some time ago that the landscaping located in his right of way area would have to
be moved. Mr. McAndrews stated that he was unaware of what had gone on in reference to
this address. Mayor Berry stated that she had discussed the situation with the owner of the
residence, and that he had agreed to remove all landscaping in his right of way other than
landscaping acting as a barricade around a light pole existing in the right of way area.
Building Official McAndrews stated that he would visit this resident to determine when the
referred to landscaping would be removed.
Councilmember Cooper stated that he thought it was unfortunate that Mayor Berry is
involved in the micro managing and enforcement of the Town's building ordinances and that
she has better things to do in her position as Mayor of Yarrow Point. Councilmember
Cooper went on to state that the Town does planning reviews in reference to building
regulations but that it does not come close to doing enough in regard to zoning reviews. Mr.
Cooper stated that he could think of three other situations where he was involved in meetings
involving complaints which need not have taken place had adequate zoning reviews been
done. Councilmember Cooper sated that something had to change and that who was
responsible for doing plan reviews for building permits also needed to review the Town's
zoning ordinances and do plans reviews from a zoning perspective. He stated that such
reviews would reduce the number of landscaping, on -site parking and other zoning related
problems. He also stated that these procedures would also reduce the number of conflicts
between the Town and Town residents.
Mr. McAndrews reported that changes have been initiated at McAndrews to address review
procedures of zoning related issues and that these changes should reduce the number of
zoning related irregularities which are now being seen. In reference to a question, Building
Official McAndrews stated that his firm does not receive landscape plans when an
application for a building permit is submitted. Councilmember Cooper stated that
surrounding communities require landscaping plans with building permit applications and
that Yarrow Point should require the same. Mayor Berry verified that the Town does not
require landscape plans be submitted with building permit applications. Mr. McAndrews
stated that his firm would like to have the opportunity to have pre -application meetings with
prospective applicants for building permits to discuss and resolve building and zoning issues.
He also stated that his firm would like to see submittal of landscape plans as part of the
building permit application process but that such a requirement is not now codified. Both
Council members Valaas and Cooper stated that such a requirement need not be codified,
that landscape permits should just be made part of the building permit application process.
Councilmember Rutledge asked if the Town could require that applicants applying for
building permits be required to submit photographs of all property lines which are adjacent to
Town property. Mr. Rutledge stated that having such photographs on record would make it
46 easier to resolve zoning disputes that might arise. Town Attorney Wayne Stewart said that he
advocated that both property line surveys be completed and pictures be taken and that both
Draft 03/08/05 Council Minutes Page 5 of 12
be submitted to the Town prior to any construction project being initiated. Attorney Stewart
also suggested the possibility of building permit application detail being stamped and stating,
no landscaping allowed in right of way areas. Both Council members Rutledge and Cooper
stated that the Town of Yarrow Point is known as an easy spot relative to enforcement of
zoning regulations.
Councilmember Cooper stated that he did not think that anything that the Town asked a
resident to submit when applying for a building permit should be considered unreasonable,
whether it be pictures, a parking plan, landscape plans etc. When Council members were
asked by the Mayor what direction they would like to go in defining procedures for a zoning
review process Councilmember Cooper suggested a sub committee be formed consisting of
two or three Council members and Town Attorney Wayne Stewart. A sub -committee was
formed at the meeting to start addressing zoning review procedures.
REGULAR BUSINESS:
AB 05-008 Discussion of Town Construction Timetable for 2005 for Cash Flow
Projection Purposes. Fiscal Coordinator John Joplin reported to the Council that the 2005
budget approved by the Council at the end of 2004 included $125,000 for the overlay of 92"d
Ave NE. John stated that the overlay project had been discussed at a Town of Yarrow Point
Staff meeting the previous month and that there had been a consensus on the part of Staff
members that it would be a good idea to delay this project until 2006. John went on to report
that the reason staff recommended a delay in doing the overlay project was that King County
Water District No 1 would be involved in their own construction project during 2005, a good
part of which would be on 92nd Ave NE. John also mentioned that the Staff felt that the
Town would be in better financial condition to do an overlay in 2006. The consensus of
Council members was to delay the overlay project until 2006.
Councilmember Valaas asked if the Town had scheduled an overlay of Points Drive in
conjunction with a similar overlay by the City of Clyde Hill in 2006. Mayor Berry answered
that yes we did and that delaying the 92"d Ave NE overlay until 2006 might result in two
overlay projects going on simultaneously at that time. Councilmember Cooper asked what
the status of an application submitted by the Town for fund moneys to finance overlays was.
Town Pathway Representative Joe Willis replied that decisions regarding those grant moneys
would not be released until around April or May of 2005.
AB 05-009 Update of the 92"d Ave NE Walking Path and Utility Underground Project,
92"d Ave Pathway and Under Grounding Project Manager Joe Willis reported that there are
only three minor items to do on the project. He stated that these three items consist of l.) the
installation of a sign on the wall at the entrance to the Town 2.) the replacement of a stop
sign at 40'h and replacement of ivy along the right of way on 92nd. and 3) the repair of a
thickened edge of pavement on 34=h' Councilmember Valaas made reference to the minutes
for the Planning Commission in which it was stated that Qwest and Comcast have loose
cables laying on the ground that need to be buried.
Mayor Berry stated that both utilities have been approached numerous times to bury their
cables and have yet to respond. She went on to state that since these two utilities were not
Draft 03/08/05 Council Minutes Page 6 of 12
entitled to compensation for their work on 92"d Ave NE that it is very hard to get them to
40 respond to Town requests. Councilmember Cooper commented that the Town needs to
remember this when their franchises next come up for renewal. Mayor Berry stated that she
has had a problem similar to that described on 92"d Ave NE in trying to get a utility company
to address two rotten utility poles which exist behind her home.
Councilmember Silvernale stated that at her first Council meeting as a Councilmember that
there had been reference to a wall project on 88th and she asked what this project entailed.
Joe Willis replied that the project that Councilmember Silvernale was making reference to
was a wall which had been planned to be erected across from Tully's on Points Drive, similar
to the stone wall which has been erected by the entrance from the freeway on 92"d Ave NE.
Mr. Willis went on to report that when contractors reached the point to determine where to
place the wall that so many utility hardware items were found buried underground at this
location that the project had to be delayed. Mr. Willis concluded that more design work
needs to be done and additional funds accumulated before work on this wall will resume.
Councilmember Silvemale next asked how much longer it will be before the red cones will
be removed from the right of ways along the 92"d Ave project. Project Manager Willis
responded that the contractor for the project is responsible for the landscape area until the
time arrives when the Town signs off on the project punch list items. As such the contractor,
in order to protect himself regarding liability issues, has required that the cones be kept in
place until the Town officially signs off on the project. Mr. Willis continued on by stating
that if the Council directed the project contractor to remove the cones that the contractor
would do so, but in doing so the contractor would be released from any additional
responsibility regarding the project.
Town Attorney Stewart recommended that the Town be patient in relation to the cones being
on the roadway. He stated that in order to insure that Town officials are satisfied that the
contractor has completed all aspects of the project in a manner specified per the contract that
the Town put up with the cones for a short time longer. Council members supported
Attorney Stewart's assertion that the cones be allowed to stay on the project until the project
has been signed off on. In reference to a question from Councilmember Cooper, Fiscal
Coordinator Joplin stated that the Town is with holding from payment 5% of all funds for
which the general contractor has applied.
Councilmember Valaas asked when we might discuss the future of the fountain. Mayor
Berry responded that it was not on the agenda but that it could be included on the agenda for
the April Town Council meeting.
Councilmember Cooper then asked who was doing the permit review process for King
County Water District 1's construction project. Mayor Berry responded that Allan Newbill
had done the review for that permit. Mayor Berry asked if further discussion regarding the
fountain and or the King County Water District 1 project could be held up until the old
business part of the meeting was reached. Mayor Berry stated that she wanted to make sure
that residents who live in proximity of the proposed fountain sites were notified before
40 further discussion took place.
Draft 03/08/05 Council Minutes Page 7 of 12
Councilmember Cooper stated that he wanted to make sure that Town residents are aware
that the update of the water distribution system is a King County Water District No 1 project
and not a Town of Yarrow Point construction project. Mayor Jeanne Berry, in reference to a
question from Councilmember Cooper, stated that a street permit has been issued by Town
Street Engineer Allan Newbill to King County Water District No 1 officials for the water
district construction project. Councilmember Cooper stated that a Town of Yarrow Point
project manager is needed to observe the water construction project full time. Mayor Berry
stated that a full time inspector should be on hand and that the cost of his or her time on the
project should be the responsibility of the water district.
Clerk/Treasurer Howard stated that it was his understanding in having talked to Town Street
Engineer Newbill that a cushion had been included in the permit fee for the water project
which would cover future inspections by Mr. Newbill. Mr. Howard also stated that Mr.
Newbill had informed King County Water District No 1 officials that any additional
inspection time required, in excess of that which has already been charged for, would be
billed to the water district at a later point in time. In response to a question from Town
Attorney Wayne Stewart, Mayor Berry responded that the City of Bellevue will have an
inspector of their own overseeing the construction of the water infrastructure update. Town
Attorney Wayne Stewart remarked that the update of the water infrastructure is not the
Town's project and that the water line is not the Town's property. Attorney Stewart
concluded by stating that the Town's lone responsibility is to insure that those sections of the
Town's streets that are torn up as a result of the project, be repaired to a condition as good or
better than they were in before construction started.
Councilmember Cooper asked if we should not have the individuals who are inspecting the
project for the City of Bellevue also work for and represent the interests of the Town of
Yarrow Point. Town Attorney Stewart asked for what Town interests. Councilmember
Valaas stated that he thought that damage to the Town's roads was a Town interest and
Councilmember Silvernale stated that she thought that an additional Town interest was how
long the project might extend. Councilmember Cooper added that there was an additional
issue in that there are going to be multiple inspectors inspecting the project as it is going on
and that this will only result in confusion from the contractors standpoint. Councilmember
Cooper stated that he thought the Town should oversee the project from the standpoint that
the design of the updated water distribution system meets the Town's criteria.
Councilmember Valaas disagreed stating that the Town should only be concerned that streets
are repaired and reconstructed in a manner that meets Town standards. Mayor Berry stated
that Allan Newbill has more knowledge about streets than the rest of the Staff combined and
that he will most likely be able to deal with issues regarding the project as they take place.
AB 05-010 proposed Ordinance No 547, Adding Section 10.04.090 — Inattention to
Driving to Chapter 10 of the Yarrow Point Municipal Code. Town Attomey Wayne
Stewart reported to the Council that at the February Council meeting that the issue of
individuals driving across the new pathway and or landscape area had been discussed. He
went on to state that concern had been expressed as to the possibility of material destruction
to the landscape or pathway areas. Attorney Stewart stated that at the February meeting
members had asked what mechanism could be utilized by the Clyde Hill Police Dept. to site
individuals driving in the project area. Mr. Stewart went on to state that a concept called
Draft 03/08/05 Council Minutes Page 8 of 12
inattentive driving might best apply to this type situation. Attorney Stewart stated that he had
checked the Yarrow Point Municipal Code and had determined that the Town does not have
anything in the Code relating to inattentive driving. Mr. Stewart stated that inattentive
driving does appear in a lot of municipal codes and it covers those situations where
individuals are found to drive in a lax or slack manner. Attorney Stewart reported whereas
negligent driving in the second degree is regarded as an infraction which may result in a fine
of several hundred dollars that inattentive driving is a lesser offense for which a maximum
fine would be $101.00. Attorney Stewart presented Ordinance No 547 which would add a
provision for inattentive driving to the Yarrow Point Municipal Code.
MOTION: Councilmember Valaas moved to adopt Ordinance No. 547 adding Section
10.04.090, Inattention to Driving, to Chapter 10 of the Yarrow Point Municipal Code.
Councilmember Rutledge made a second.
Councilmember Mushel noted that the word hereby in the ordinance was missing an e.
Attorney Stewart indicated that this error would be corrected. Councilmember Silvernale
asked when the ordinance regarding parking along 92"d Ave NE would be presented to
Council members. Town Attorney Stewart indicated that this ordinance would be an April
agenda item. Councilmember Valaas asked the same question in regard to an ordinance
pertaining to motorized scooters on the streets of Yarrow Point, Attorney Stewart stated that
an ordinance regulating power scooters will be presented before the Council, also at the April
meeting. Councilmember Cooper stated that such an ordinance regulating motorized
scooters would be most important in protecting residents utilizing the pathways versus
protecting the pathway itself.
MOTION: 5 Yes, 0 Against, 0 Abstain. Motion carried.
AB 05-011 Dan Williams, Town of Yarrow Point Resident and Planning Commission
Member on Communications at Town Hall: Mr. Williams reported that he wanted to
volunteer his services for computer expertise to enhance communications between Town
Hall and Yarrow Point residents. He stated that he would also make himself available to
provide tactical services to upgrade the Town's web site in order to increase its effectiveness.
Dan stated that he would like to suggest a series of small projects that would increase the
effectiveness of current communication systems somewhere in the area of 10%.
Dan continued on by stating that the first project that he would propose would be a project to
facilitate collecting the email address of those Town residents willing to supply them to
Town Hall. He continued by stating that by having resident email addresses on record at
Town Hall that updates could be issued via email to Town residents informing them of the
current projects such as the status of the construction project that King County Water District
No 1 will be initiating or providing residents news regarding criminal activities in the Town.
He stated that email messages could be sent globally to all of the residents of the Town or
just to residents residing in a certain section of the Town if a message of interest pertained to
one section of the Town. Mr. Williams stated that he would be more than happy to assist
Clerk/Treasurer Howard in getting various projects underway and running at full strength.
Dan stated that the Town's Word, Excel and Outlook software programs include everything
needed to complete whatever upgrades that may come to mind.
Draft 03/08/05 Council Minutes Page 9 of 12
It was suggested that a campaign to obtain email addresses from the Towns willing residents
could be implemented through notices attached to mail box pagodas and via an article in the
Town's newsletter. Mr. Williams stated that another use of the updated email file might
include email delivery of the Town's newsletter.
Councilmember Siivernale suggested that such a system could be a big help in soliciting
volunteers for projects such as the mail pagoda upgrade project. Dan suggested that the uses
for such a system would be innumerable. He went on to state that expectations should not be
so high as to expect all Town residents to volunteer their email addresses. Mr. Williams
stated that residents who have a real interest in the Town would probably be the first to
submit their email addresses to Town Hall.
Mr. Williams stated that he would propose taking a long term opportunistic look at the
Town's web site. He offered one suggestion, that consisting of offering the citizens of the
Town a Parcel Viewer program focused on the Yarrow Point area only. Councilmember
Cooper cautioned that when providing news about projects of entities other than the Town of
Yarrow Point, e.g. the Icing County Water District Construction project, that care be taken
that residents not be led to believe that the referred to projects have a direct link with the
Town of Yarrow Point.
Council members along with Mayor Berry stated that they thought that the ideas presented by
Mr. Williams were sound and that they would add efficiency in communications between the
Town and its residents. Mr. Williams suggested that the Town might want to develop some
form of privacy policy to reassure residents.that their email addresses would be kept secure
and not be made available to anyone outside of Town Hall.
Councilmember Mushel, from an insurance perspective, addressed the issue of professionals
communicating via means of email and the liability that can result from doing so. She
cautioned that we must be very careful not to include Council members or the Town in direct
communication with residents of the Town through an email forum. Town Attorney Stewart
stated that it is his policy that he does not communicate by email with any of his clients in the
public sector, because if he were to do so it would become a public record at the moment it
transpired. Mr. Williams stated that prior to setting up communication systems that it would
be important to identify what forms of communications can result in liability problems and
which would not and then focus development on programs that will not result in potential
liability.
Dan concluded by stating that he would like to find a point person to discuss development
ideas with prior to getting too far into development of systems. Mayor Berry volunteered to
be that point person.
OLD BUSINESS:
Councilmember Valaas stated that at the last Council meeting there had been a discussion
that the Town should verify that the location of the new water main in the fountain area of
the Town does not lay where a proposed fountain site might exist. He went on to state that
Draft 03/08/05 Council Minutes Page 10 of 12
there had been a consensus that if the water district had to go through the existing fountain
with a new main and remove the fountain that this would be ok. Mr. Valaas stated that he
was unable to attend the King County Water District No 1 meeting held at Town Hall where
they provided a copy of their construction plans to the public so he was unsure where the
new main was to be placed. Mayor Berry stated that she would have Town Street Engineer
Allan Newbill contact Mr. Valaas to discuss where the water main in this part of the Town
would be located and its proximity to proposed sites for the fountain.
Councilmember Cooper asked if any sort of consensus had been arrived at as to what should
be done with the Town's water fountain. Mayor Bent' replied that a consensus had not been
arrived at and again stated that the fountain would be an agenda item at the April Council
meeting. Mayor Berry stated that she would direct Town Street Engineer Allan Newbill to
be at the April meeting to lend his input and suggested that Bob Trimble or someone else
from King County Water District No. 1 be invited to offer their expertise.
Councilmember Rutledge stated that he had attended King County Water District No. 1's
pubic meeting at which they provided information to residents concerning the upcoming
construction project and that it had been stated that the water line in the vicinity of the Town
fountain will cross 471h west of the existing fountain. Mr. Rutledge continued by stating that
District officials had indicated that if a decision was made to move the fountain west from
where it is now located that they could move their water line to the location where the
fountain now exists.
AB 05-012 - Executive Session, Personnel Matters: At 8:40 p.m. Mayor Jeanne Berry
announced that the Council was going into Executive Session to discuss personnel matters.
At 9:13 p.m. Mayor Jeanne Berry announced the close of the Executive Session and the
resumption of the regular session.
Councilmember Rutledge stated that he wanted to check with Mayor Berry and Council
members regarding the spending of money on the building of mail box pagodas. He stated
that he had found somebody who would build mail box pagodas and that at present a new
mail box pagoda is needed which will accommodate six mail boxes. Mr. Rutledge asked if
the Town had funds for the rebuilding and update of mail boxes. Mayor Berry stated that we
did but asked if the Town was prepared to set a precedent in remodeling mail box pagodas
without assistance being offered from the resident users.
Councilmember Cooper asked that since the Town now owns all of the mail box pagodas in
the community if the Town had budgeted for funding of maintenance and repair of those
pagodas. Councilmember Valaas replied that the money had been so budgeted but that he
was uncomfortable with the Town spending money on this type of project unless the
residents utilizing the pagodas were willing to chip in also. Councilmember Rutledge
indicated that the Town should provide funds in the form of subsidies for the repair of
mailbox pagodas only when the users also provide funds and assistance. Mayor Berry
instructed Councilmember Rutledge to obtain estimates for the project referred to and report
back. Councilmember Cooper suggested that the Town determine a percentage of total cost
figure that it would be willing to contribute for the repair and rebuilding of mail box pagodas.
Draft 03/08/05 Council Minutes Page 11 of 12
ADJOURN
MOTION: Council member Valaas moved to adjourn the Council meeting at 9:17 p.m.
Council member Mushel made a second.
Vote: 5 Yes, 0 Against, 0 Abstain. Motion carried.
Respectfully submitted, Approved,
Larry How d, lerk-Treasurer Jeanne Berry, Mayor
Draft 03/08/05 Council Minutes Page 12 of 12