HomeMy WebLinkAboutPublic Works April 8 20031
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Public Works and Capital Projects Committee
April 8, 2003
The meeting was called to order at 1:30 p.m. by Committee Chair Barbara
Brenner in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Sam Crawford
Also Present:
Seth Fleetwood
Dan McShane
Absent:
L. Ward Nelson
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. DISCUSSION OF THE LUMMI ISLAND FERRY OPERATION AND
COMPLETION OF THE 20 -YEAR FERRY PLAN (AB2003 -149)
Brenner stated she wanted an update on what is happening with the Lummi
Island parking. The additional information the councilmembers received provided a
lot of information. She asked why this project was stalled for so long.
Dick Prieve, Temporary Help, stated the County purchased the property in
1996. There were some concerned citizens. Executive Kremen met with five
citizens, and promised them that he would look at other sites to see if they were
comparable and maximize the use of the existing parking lot. None of the sites he
looked at were for sale. Staff amended the consultant contract and had Wilson
Engineering maximize the use of the existing parking lot site. It has been re-
striped and they have four or five extra spaces, which gave the County some time.
However, the parking lot became full again in 2002. The Lummi Island
Transportation Committee came up with a list of more sites that the County should
look at. However, the County did not purchase any of those sites.
Brenner stated she remembered that there were objections when the County
first bought the property. She asked if the concerns raised after the purchase were
new. Prieve stated he remembered that the concerns were raised about six months
after the purchase.
Brenner stated she recalled objections at the time of the purchase, which is
part of the reason why she didn't support the purchase. One concern was about
lights. Prieve stated that is correct. The concerns were about lights, noise, and
other general impacts. Those concerns would happen anywhere. The County will
mitigate the lights, screening, and noise concerns.
Public Works and Capital Projects Committee, 4/8/2003, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Brenner asked if the County would proceed with developing the property this
year. Prieve stated the County would proceed, but may not get all the permits and
get it done this year.
Willam Lee, 2171 Tuttle Lane, stated he is a representative and acting chair
of the Lummi Island Transportation Committee and wanted to comment on the
draft document. He is happy to hear that something will be happening regarding
the parking.
Deborah Forgays, 2222 Tuttle Lane, stated there are a couple of omissions in
the draft. The Lummi Island Transportation Committee has been working with staff
on refining the definition of level of service. She hoped it would be included in the
final draft. Also, in the ferry schedule, there is a statement about it being the only
viable alternative to increasing service. However, a number of options were
discussed, including how to pay for those options. Some of the options could be
fleshed out more. A meeting with Mr. Monsen will be held on Monday, April 21 at
the fire hall.
Lee stated the Lummi Island Transportation Committee generally welcomes
the draft and has participated with the Public Works Department for a number of
years. The Lummi Island Transportation Committee has held extra meetings to
solicit as much input from the community as possible. They intend to continue and
put some focus on this plan. This is a very important process for islanders. The
islanders have many opinions about what should be done, but for now there is only
one ferry. The committee is trying to get many people involved in the process and
provide general opinions to the Council. This draft is a preliminary starting point.
Earle Jewell, Centerview Road, Lummi Island, stated the proposal is a good
first step. The ferry schedule now is a good one. However, if they take the crew
break times out of the schedule, there are still nine runs per day that won't be
made. He suggested running the ferry continuously from 5:50 a.m. to midnight,
with the exception of break times. Then, a person will know that the ferry wait will
only be 20 minutes unless there is a long line. The break times now are not
scheduled.
Brenner asked about the drop in ferry bike and motorcycle users since the
mid- 1990's. The County is encouraging that use.
Eric Schlehuber, Office Administrator, stated they don't have a conclusive
answer. One thought is that there may have been a motorcycle rider who lived on
the island during those peak years, and who then moved. In 2002 there is no
statistic because bikes are now free to ride the ferry.
Brenner stated she would still like to continue collecting information on the
bike riders. Schlehuber stated they are collecting statistics on the return trip.
Brenner asked about the drop in school children and child -only ferry riders.
Public Works and Capital Projects Committee, 4/8/2003, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Mary Green, Equipment Rent and Revolve (ER &R) Manager, stated more off -
island kids are going to school in town.
Crawford stated there are significant changes in the trend in all categories of
riders in 2002. He asked if there was a difference in 2002 in how the statistics
were calculated. Green stated there was a lot of construction work on the island in
2002, which accounts for the increase in oversized vehicles. The rest of the trend
changes are hard to explain. The method of collecting the data is the same.
Art Thomas, 2620 Islandview, Lummi Island, stated that when someone
drives a vehicle onto the ferry, it is counted as two trips: a vehicle and a
passenger. In the mid- 1990's, five or six vehicles would park on the other side, but
the riders would still drive their cars across. Now, 40 to 80 people are parking their
cars on the island and walking onto the ferry. The people are still moving, but they
are not moving in the same way. The Lummi Island Transportation Committee
gave the staff another way to measure level of service, based only on how many
people and cars it can transport. Use parking spaces on the ferry as a measure of
trips.
Forgays stated the demographic on Lummi Island is aging. They want to
keep it a viable, functioning community with working people and children.
Brenner stated she is not optimistic. The demographics are like that all
across the county.
2. RESOLUTION DECLARING INTENT TO VACATE A PORTION OF LUMMI
VIEW DRIVE / LUMMI SHORE ROAD (AB2003 -150)
Joe Rutan, Assistant Director of Engineering, stated Council packet pages
100 and 101 shows the realigned road.
Crawford asked why the location where the new road enters the old road
isn't being designed so it is a large curve. For traffic flow, institute a curve. Rutan
stated there was a public meeting in this area with the neighbors. There were
three intersection options provided. This is the chosen option. He cannot say why.
It was done before he worked with the County. He will look into it.
Crawford stated he looks at the public safety aspect. He doesn't like to see
road design used as a traffic control method. With the amount of property being
purchased or obtained for this project, the addition of another parcel there would
not be too challenging to overcome. Rutan stated this plan is not a done deal. He
guessed it has more to do with access control than speed control. There are
residences to the south, along the road. He will look into it.
Public Works and Capital Projects Committee, 4/8/2003, Page 3
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Crawford asked if the cul de sac between the old and new roads is improved.
Rutan stated he did not know. By requesting the intent to vacate, this will
authorize staff to write the report that would answer a lot of these questions.
Crawford asked if, from an engineering perspective, the old road would
actually be removed. Rutan stated the intent of the Lummi Nation is to remove the
old road between the vacated portions of the right -of -way. Issues may arise out of
the engineer's report. This is assuming the property is vacated to the Lummi
Nation. He's not sure if the vacated property may go to the adjoining property
owners. The engineer's report will look into it. There have also been negotiations
for some of the properties that they are buying right -of -way for, which includes a
deal that those owners receive the vacated portions of the old right -of -way and the
old road is obliterated.
Brenner stated she heard that several property owners want to do an
exchange of giving up one right -of -way in exchange for receiving the vacated
portions of the old right -of -way. Desler stated he has been told that, in the sum of
the right -of -way negotiations by the Lummi Nation, that has been part of the deal.
He doesn't know what properties those are.
Crawford stated it would be advantageous of an owner to take over the old
road, which is waterfront, and give up the inland portion of the property to the
right -of -way.
Thirty or forty years ago, there was an issue about a park on Portage Island.
There is still a gray area about the rights of Whatcom County to develop a park out
there. He asked if it is in the realm of possibility to resolve that issue by getting a
turnout with a little bit of parking and a picnic area along the new road in this area,
which would be maintained by the Parks Department. It would allow both parties
to put an end to a dispute that has been going on for many years. Trade whatever
entitlements the County feels it has to Portage Island for a piece of land along the
new road.
Brenner stated there is a lot of liability to this property, which keeps eroding.
It is extremely expensive to maintain. She liked the idea of the County giving up
its right -of -way along the old road altogether rather than continuing to maintain it.
It is not a stable area.
Rutan stated the old road portion could be obliterated. The Lummi Nation
intends to maintain access to the area that goes to the tidelands and out to Portage
Island. These are issues staff will have to address in the engineer's report. There
will be a widened, paved shoulder at the road, but the area between the road and
the point is fairly wooded.
Fleetwood stated he liked Councilmember Crawford's idea if it isn't offensive
to the Lummi Nation. He was disappointed when he first read about this vacation.
It is a spectacular roadway. He asked if the erosion is in the portion from
Public Works and Capital Projects Committee, 4/8/2003, Page 4
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Mackenzie Road to Portage Point, along the old road. Rutan stated the worst
erosion is at the area above the word "passage" on the map. Erosion will
eventually take the old road out. The County has taken extreme efforts in the past
to armor that bluff. The different permitting agencies are telling the County that it
will not be permitted to put more rock there. The County doesn't have the option
of armoring that bluff again.
Fleetwood asked if the plan is to only obliterate portions of the road. Rutan
stated the intent is to keep a section that allows for access to Portage Point.
Fleetwood stated there are signs prohibiting entrance from anyone other
than a Lummi Nation member. He asked if access would be available to anyone at
the beginning of the new road. He asked if any citizen would be allowed access to
the old road to drive to Portage Point. Rutan stated he understood that the entire
portion would be vacated, so it no longer would be a County road. There is still a
question of to whom the road would be vacated. He's concerned that the Lummi
Nation plan may not be valid because the property won't be vacated to it.
Crawford asked why the Lummi Nation cares about who accesses the
tidelands.
Fleetwood stated it is the Lummi Nation's prerogative to limit access. He
asked if there is any way to have an access to this point. If the Council agrees with
the resolution today, there is no flexibility for allowing access to the general public
in the resolution. Rutan stated he is now asking if this is something that the staff
should spend time looking at. The engineer's report would gather the information
on a lot of these questions.
Brenner stated a resolution has no force of law anyway.
Rutan stated there has to be a public hearing when the engineer's report is
prepared. There will be ample opportunity then to discuss it further. At this point,
the request is just for County staff to continue working on the project.
Fleetwood asked when groundbreaking on the new road would be. Rutan
stated the Lummi Nation wants to begin very soon.
Mike Donahue, Engineering Manager - Traffic, stated the vacation process
takes several months. Staff is on the fast track with the Lummi Nation.
Rutan stated the Lummi Nation moved quickly to get this project done this
summer. He questions whether it will happen. There are still issues to be
resolved. Staff will do everything it can to move this along.
Crawford asked how it got this far. Rutan stated the Lummi Nation has
funding from the Bureau of Indian Affairs (BIA).
Public Works and Capital Projects Committee, 4/8/2003, Page 5
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Brenner stated this issue has been on and off the County's plate for years.
Rutan stated this is the second phase of a project. Phase one was done last
summer.
Fleetwood asked how they can manage phase one, which is right next to the
shoreline, but not phase II. Rutan stated the permitting was difficult. There were
different issues with the armoring. The slope on the portion to be vacated was
higher with more cut back into the right -of -way. It is more difficult to armor. The
slopes in phase I were much smaller slopes.
Donahue stated that during phase one, they talked about the vacation
process that would be necessary during phase two.
Fleetwood asked when the County got its right -of -way on the road. Rutan
stated it is a right -of -way. The County has a right of passage. The County does
not own the underlying property.
(Clerk's Note: End of tape one, side A.)
Fleetwood asked if the County would have the same interest in the new road.
Rutan stated it would.
Fleetwood asked if there are any viewscapes on the new road. Rutan stated
there are a few between the trees. There is potential for views if trees were
cleared.
Fleetwood stated he would like to amend the resolution. The language
makes it clear that it is the Council's intention to vacate.
Brenner stated the language says that the Council will only consider it right
TOTAV,
Rutan stated this is not an agreement to do the vacation. If the Council
decides it has a lot of questions about the project, this resolution authorizes him to
study those questions and write the engineer's report so the County Council can
make an informed decision on the vacation.
Crawford suggested amending the language of the resolution title to allow
consideration of doing the vacation in exchange for a public access view and park
area along Lummi Shore Road.
Brenner stated she would not support such an amendment. It may be
something they come up with in the ongoing discussion, but she's not interested in
making it requisite right now. Rutan stated it is an appropriate question to ask the
Lummi Nation. He will ask the Lummi Nation that question.
Public Works and Capital Projects Committee, 4/8/2003, Page 6
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
3. DISCUSSION REGARDING THE POSSIBLE INSTALLATION OF CITY -
LEVEL SERVICES (SIDEWALKS) ON COUNTY ROADS (AB2003 -155)
Brenner stated she brought this item up because sidewalk installation will
happen on West Smith Road, which is not a part of the urban growth area (UGA).
She asked where the policy for this came from.
Mike Donahue, Engineering Manager - Traffic, stated urban development is
defined in UGA or in the 1984 road standards. The definition of "urban" includes a
density of one house per acre or more. If a lot that is subdivided into lots of one
acre or less or is in the UGA, the County requires an urban level of service. There
are some areas like that along the Old Guide Meridian. There are some along Birch
Bay Lynden Road. When a city extends utilities outside city limits, the extension
agreement requires city standards.
Brenner stated that violates the Growth Management Act. Donahue stated it
could. They've avoided it because in most cases they are developing in the UGA's.
Rutan stated they put the urban level services where the area is zoned
urban, one acre or smaller.
Brenner stated the West Smith Road area is not zoned urban.
Rutan stated the Engineering Division staff would also use their judgment if
there were a residential area and a school in the area. On West Smith Road, the
County staff held an open house for the neighborhood, which originally showed a
sidewalk on one side of the road because of the school. Comments received at the
open house asked why the County would only install a sidewalk on one side.
Brenner stated sidewalks promote urbanization and annexation. People
should understand that. There are unintended consequences of promoting
urbanization. Rutan stated the biggest hidden cost of sidewalks is drainage.
Brenner stated that if they are going to widen the shoulders on West Smith
Road, there is no need for sidewalks. It will look like the middle of a city, which
they don't want to promote. It won't make the kids any safer than just having
good shoulders. This is going to be an offensive look in that area.
Rutan stated the lots going in there are very small.
Brenner stated that is happening only in certain spots. Most of the area is
zoned one acre. She asked if it is an administrative decision. Donahue stated part
of the decision is made because of the definition of urban in the 1994 road
standards. However the reason for the sidewalks in this area is because of the
school. They try to work with the schools within one mile.
Brenner stated the school is the reason she has mixed feelings about it.
Public Works and Capital Projects Committee, 4/8/2003, Page 7
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Rutan stated the staff has more ability to work with the schools in the one -
mile safe school radius.
Brenner stated she supports the crosswalks and wide shoulders. Adding the
sidewalks is overkill. Rutan stated the overall pavement width is not wider. Having
a sidewalk disallows emergency parking on the road.
Donahue stated there would be a sidewalk in addition to the shoulder.
Rutan stated the lots in the area are one acre in size or smaller, there are
two schools in the area, and the neighbors wanted sidewalks on both sides of the
road. Those three things led the staff to decide to install sidewalks on both sides of
the road.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 2:33 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barbara Brenner, Committee Chair
Public Works and Capital Projects Committee, 4/8/2003, Page 8