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Home My Public Portal About11A November 8, 2011 Special MeetingTOWN OF YARROW POINT COUNCIL MEETING MINUTES November 8, 2011, Special Meeting 6:00 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. WA. w'�CI Mayor David Cooper called the special meeting to order at 6:00 p.m. PRESENT: Mayor: David Cooper Councilmembers: Carl Scandella Tim Dillon Bruce Jones Roger Myklebust Lisa Mushel Staff. Wayne Stewart — Town Attorney Sara McMillon — Clerk -Treasurer Public: Carl Stork — Yarrow Point resident Chuck Hirsch — Yarrow Point resident Richard Cahill — Yarrow Point resident STUDY SESSION: AB 11-047— Discussion of WSDOT Response Concerning 92`11Avenue Interchange Design Mayor David Cooper explained no action can be taken during study sessions. The purpose of the meeting will be to go over responses from the Washington State Department of Transportation (WSDOT) to Yarrow Point's resolutions regarding the roundabout. WSDOT has responded to the Town's public records request by posting records on an FTP site. Town staff will download all of the files for storage, since they will be available for only 30 days. Councilmember Carl Scandella said the Town has a large amount of information. He said it is clear that this is an emotional issue. He asked what options are available at this point. Councilmember Tim Dillon said WSDOT and Eastside Corridor Constructors (ECC) need to work through the issues the Council has presented. Yarrow Point's Council wants a simpler November 8, 2011 Council solution, and ECC needs to come up with a better design. ECC's cost estimate for malting a change is somewhat nebulous at this point, Mr. Dillon said. Councilmember Scandella said the discussion is primarily one of economics. There is no evidence showing that there will be any impact to the project schedule. Mr. Scandella said the estimate of $1.8 million to change the design does not seem realistic. Installing a stop sign instead of a roundabout should not cost that much. Mr. Dillon said WSDOT and ECC have established a procedure for handling design changes. Yarrow Point needs to ask if this process is moving forward. If WSDOT representatives were in attendance at the meeting tonight, the Council could ask these questions, Mayor David Cooper said. WSDOT would like to continue working with Yarrow Point on refining details. Until the Council knows what WSDOT is willing to negotiate, the discussion is academic. Representative Ross Hunter has become involved and has some ideas. It may be beneficial for Mr. Hunter to attend an upcoming meeting. Everyone has ideas about how common goals can be achieved. If the Council can develop a list of goals, Town representatives can approach WSDOT with these goals and see what the agency is willing to do. At this point, WSDOT is not willing to discuss the issue further. A subcommittee made up of two Councilmembers and a group of Town citizens with a high level of interest could be formed as a negotiating team. Councilmember Dillon agreed that the subcommittee could find a starting point and discover what WSDOT's level of flexibility is. Without explicitly stating it, WSDOT's goal is to direct traffic onto surface streets, which is in direct conflict with the Town's goal. However, WSDOT and the Town may have some common goals that can be discussed. Councilmember Jones said there is a process in the WSDOT/ECC contract for conflict resolution between those two parties, but not for resolving conflicts with municipalities. However, a separate contract between the Town and WSDOT exists, Mayor Cooper said. This Town contract contains a process for resolving conflicts that should be followed. Town Planner Mona Green and Town Engineer Stacia Schroeder have been reviewing SR520 project plans, but must review only for technical matters. Ms. Green has commented that the design is in dispute, but has been advised by the Town Attorney that this is all she can say about the roundabout discussion. Mayor Cooper said the best way for the Town to get results is to meet with legislators, ECC and WSDOT to refine the details. Councilmember Roger Myklebust said WSDOT will not tape any action unless they are told that it is required. Representative Hunter could tip the balance in Yarrow Point's favor. Yarrow Point resident Carl Stork asked if there is anything the Town could do administratively to remove the roundabout from the design. The Council granted a noise exemption allowing ECC to work at night, however, removing this exemption would only delay the project, Mr. Myklebust said. Revoking Town permits is not an option, Town Attorney Stewart said. The Town has no legal ground to revoke a permit for a political reason. Councilmember Myklebust said the solution is either legal or political. The Town does not have sufficient funds to engage in a lawsuit against the State, Mr. Stewart said. A political means would be the most effective way to achieve the Town's goals. Forming a subcommittee to solidify the Town's goals and to discuss them with WSDOT is the best avenue available, Councilmember Dillon said. Yarrow Point resident Chuck Hirsch asked why a subcommittee was not pursued sooner. Things are different now, Councilmember Dillon responded. The Town does not want to lose this last opportunity to make things right. November 8, 2011 Council 2 Two-way discussions with WSDOT will not get far because ECC is a major player. ECC doesn't care what the design is because it's all money to them, Mr. Myklebust said. WSDOT directs the contractor. Mayor Cooper said WSDOT is willing to talk to a subcommittee. He said he is not sure what WSDOT's actual level of flexibility is at this point. A meeting needs to happen soon, because the project is rapidly progressing, Councilmember Jones said. If the subcommittee is well prepared, one meeting with WSDOT may be sufficient, Councilmember Lisa Mushel said. Councilmember Myklebust asked for clarification on what the Town's position is. If Yarrow Point's position is "no roundabout", it would seem difficult to enter into a negotiation. The Council's policy has been set, Mr. Stewart said, but it may be time to work on a compromise. Diplomacy is an issue. Councilmember Dillon said he does not want to serve on the subcommittee. Councilmember Myklebust encouraged Mr. Dillon to stay involved. If citizens will serve on the committee, the Council should establish some rules as to how things will work, Mr. Stewart said. The next step is to find out what WSDOT is willing to do, Councilmember Myklebust said. He said it seems to him there either will or will not be a roundabout. If WSDOT takes a firm position, the next objective is for the Town to try to persuade WSDOT to make the roundabout smaller. Mr. Myklebust recommended that Councilmembers Mushel and Dillon serve on the subcommittee, and he asked if Yarrow Point residents Chuck Hirsch, Carl Stork and Richard Cahill would participate, and they agreed. The Council discussed the subcommittee's purpose and how it would engage WSDOT. Councilmember Myklebust said he has confidence in the group. AB 11-048 — WSDOT Response to Public Records Request Mayor David Cooper said WSDOT has provided the records the Town requested via a public FTP site. The Town will download the documents_, and members of the Council can view them directly. ADJOURNMENT: MOTION: Councilmember Roger Myklebust motioned to adjourn at 8:05 p.m. Councilmember Bruce Jones seconded the motion. Vote: 3 For, 0 Against, 0 Abstain. Motion carried. APPROVED: May1A ; or Davi er �� `1 l ATTEST: SW McMillon, Town Clerk November 8, 2011 Council 3