Loading...
HomeMy WebLinkAboutPublic Works September 15 20151 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 WHATCOM COUNTY COUNCIL Public Works, Health, and Safety Committee September 15, 2015 CALL TO ORDER Committee Chair Barbara Brenner called the meeting to order at 12:30 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Pete Kremen, and Ken Mann Absent: None Also Present: Barry Buchanan, Rud Browne, Satpal Sidhu, and Carl Weimer COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL 1. APPROVAL OF A REQUEST SUBMITTED BY STREMLER GRAVEL, PURSUANT TO RCW 47.48.020, TO CLOSE DOUGLAS ROAD BETWEEN LAKE TERRELL ROAD AND ELDER ROAD FOR THE DATES OF SEPTEMBER 16 -25 TO INSTALL A CONCRETE VAULT (AB2015 -272) Joe Rutan, Public Works Department, gave a staff report and stated future requests will include a range of potential closure dates, to allow flexibility in the event of a weather delay or materials delay. Mann moved to recommend approval to the full Council. The motion carried by the following vote: Ayes: Brenner, Kremen, and Mann (3) Nays: None (0) SPECIAL PRESENTATION 1. PRESENTATION BY CHRISTINE ADAMS, UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL RAILROAD ADMINISTRATION, REGARDING THE ESTABLISHMENT OF QUIET ZONES AT RAILROAD CROSSINGS (AB2015- 088A) Brenner read a handout submitted by Kathy Bovencamp regarding the locomotive horn rule (on file). Christine Adams, U.S. Department of Transportation Federal Railroad Administration, submitted a presentation (on file) and described her professional background. Quiet zones are almost never taken away. The crossing must be as safe and cost - effective as possible. For example, a quad -gate crossing may not be the best option. They cost a lot of money and the maintenance is extremely difficult. The railroad companies and the Department of Transportation prefer a roadway median. Public Works, Health, and Safety Committee, 9/15/2015, Page 1 I Although the railroad company would like to make the quiet zone crossing its 2 program, it is a federal program. The railroad company has to comply with federal 3 requirements, just like everyone else. This regulation was written to enable communities to 4 have quality of life if they're willing to pay for additional measures. It was not written for 5 the railroad company. The Code of Federal Regulation (CFR) is written for the railroad 6 companies, except for this code. The codes have minimum safety standards for the railroad 7 company, and the railroad company can make the standards more stringent. However, this 8 code does not have minimum standards. Congress mandated that the Federal Railroad 9 Administration ensure safety. In many situations, the railroad company has told the 10 community that these are minimum standards, and they will not support anything other 11 than the full safety measures, but that's not true. There is not a minimum. The minimum 12 would be lights and gates. The company may say it doesn't support a quiet zone, but that 13 doesn't matter. She's here to tell the County that it doesn't matter whether or not the 14 railroad company supports the development of a quiet zone, because they have to comply 15 with the code. The County can indicate that it will take the railroad's comment in the 60- 16 day comment period and then move forward. If the County complies with the regulations, it 17 can move forward. The railroad company doesn't like quiet zones and will fight it. Her job 18 is to make sure the County staff understand the regulation. 19 20 In the region, there are two class 1 railroads: Union Pacific and Burlington Northern 21 Santa Fe (BNSF). She described the history of this Congressional legislation. She showed 22 photos of and described railroad supplementary safety measures (SSMs) used at other 23 crossings throughout Washington and Oregon, such as traversable medians, non - 24 traversable medians, raised medians, road widening and grading, shorter medians, and 25 pedestrian walkways and gates. Not all crossings are the same. That's why there are 26 alternative safety measures (ASMs) if the SSMs don't fit. At private crossings, nothing 27 needs to be done. Trains don't routinely sound their horns at these crossings. However, 28 they made the signs more visible by using LED lights and clearing some trees and other 29 visual barriers. The minimum height of a median is six inches, but she recommends eight 30 inches. The Federal Railroad Administration has to approve the ASMs. People have to show 31 the risk calculations. 32 33 Her job is to make sure the County legislators have the right guidance and 34 understand the regulation. The County and community have options. She is available to 35 help through the process. 36 37 Brenner asked if Ms. Adams has worked with the City of Bellingham on railroad 38 crossings. Adams stated she gave this presentation to the City in May. Their Public Works 39 Department staff may not be convinced that the railroad company doesn't have the upper 40 hand. However, the railroad doesn't have any power or authority over the quiet zones. 41 42 Brenner asked if a quiet zone at Yacht Club road is possible. Adams stated it is. 43 There could be a full SSM median on one side, because there is enough room. The other 44 side is shorter, but with the combination of the two, the risk index will go down significantly. 45 They won't have to worry about the quiet zone ever being taken away. A quiet zone would 46 only be taken away due to risk if the safety factors don't meet the federal requirements. 47 They could bring the risk factor down to the same risk level a crossing has with train horns. 48 They review the ASMs every 2.5 to 3 years and SSMs every four to five years. 49 SO Mann stated the general consensus about Yacht Club Road is that it's not possible for 51 a variety of reasons. He asked how obligated the County is to make it impossible for 52 someone to cross the tracks against the safety measures. Adams stated the railroad will 53 ask the jurisdiction to take the liability, but it shouldn't. No one takes that liability. If Public Works, Health, and Safety Committee, 9/15/2015, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 something should happen, it will be decided in court. If the County complies with the regulation, they can't stop dumb from happening. The County will have done what it could. Mann asked if the County won't be found liable for being negligent if it meets the 14,000 threshold. Adams stated that's correct. There will be a record of meeting the requirements in any case that goes to court. Studies show there is no difference in safety before and after the quiet zones are installed. Kremen stated working with the railroad is generally difficult. He asked whether this process will be easy or difficult with the railroad. Adams stated the railroad can't stop the process. If the County chooses the median design, the County doesn't need help from the railroad. The project timing will be up to the County. Kremen asked the cost. Adams stated the cost is whatever the County charges. The Public Works Department staff does that work. The County has to let the railroad company know of the work going on, however, the County doesn't have to wait for the railroad company to set a schedule for the work. The County doesn't have to pay what the company would charge for extra gates. The project is done according to the County's schedule and cost. When finished, the County submits a Notice of Establishment. The company's protest doesn't matter. They have to quit sounding the horn 21 days after receiving the Notice of Establishment. If the company continues to sound the horn, the Federal Railroad Administration will write them up on a violation, and the company knows that. Kremen asked whether the median design is cost - effective and if there are any other alternatives. Adams stated another alternative to a median could be gates. This situation would not allow for turning into a one -way street. The only option here is a long median with a short median and two gates, which is a full SSM, or a long median and three gates. The railroad may say they won't add one more gate, so that may be a fight. The City or County won't have to pay for the railroad's infrastructure. Browne stated that if compliant with federal regulations, the County may still be sued. Nothing will protect the County from being sued or from liability. However, it sounds like the County's liability won't increase. Jon Hutchings, Public Works Department Director, stated he attended the neighborhood meeting last night. Many of the same questions were asked. They need a clear picture of liability from the County's legal staff. There is an opportunity to work with the community. The County administration has made it clear that it has not developed a prioritized approach to work on all 49 of the crossings in the county. The staff would go through that exercise and bring it to the Council to be established, and then staff would begin to work through the most acute locations first. The onus is on the community members to put together a financing package to create a quiet zone. The administration and department are interested in supporting that effort to the extent that it can. There is a process for that, but they have not yet scoped the appropriate project, largely because they have not heard back from the railroad at this point. That is the time to begin the conversation. Joe Rutan, Public Works Department, stated that staff met with BNSF. On the west side of the tracks, the County is allowed to break up those medians because the road is short. On the east side, the road is very narrow. They may have to widen the area. There may also be a drainage issue. He learned from this presentation that they may be able to Public Works, Health, and Safety Committee, 9/15/2015, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52. 53 work through things. He's expecting that BNSF will ask for the full quad gate design. If it does, the staff may work with Ms. Adams on alternative options. Adams stated they all need to have a meeting. Rutan stated he will invite Ms. Adams to any meeting with BNSF in the future. Mann asked if the wayside horns are worth considering. Adams stated they are viable. They are not considered for a quiet zone. The railroad likes the wayside horns because the sound is directed. However, the railroad won't pay for the wayside horns. Kathy Bovencamp stated she thanks Mr. Hutchings and Roland Middleton for attending the neighborhood meeting. The neighborhood would like the County to include the Yacht Club Road crossing on the transportation improvement program (TIP) so it can be eligible for any funding that may become available. Mann asked if the community is still willing to contribute financially. Bovencamp stated it is. The median design is less expensive than the full four gate design. They can be very creative with the design and prudent with how they spend money. Hutchings stated the Public Works Department is open to adding this to the transportation improvement program. Adams asked if the Yacht Club Road crossing is on a bus route. Bovencamp stated it isn't. Don Webber -Plank stated he lives near the railroad tracks. At the crossing, a large amount of water collects on the tracks when it rains. Also, the train horn will blow if it senses that something is amiss at the crossing, even in a quiet zone. If it happens every time a train crosses, there is a violation. But if someone tries to jump the concrete median or run the gates, the train will blow the horn. The line of sight from both directions is for the engineer to see what is going on at the crossing. COMMITTEE DISCUSSION 1. DISCUSSION OF A PROPOSED RESOLUTION APPROVING THE WHATCOM COUNTY SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2016 THROUGH 2021 (AB2015 -271) Joe Rutan, Public Works Department, gave a staff report and submitted a presentation (on file) on various County road and bridge projects that have been done. The resolution begins on Council packet page 416. It includes the 14 -year ferry program. If the Council wants to add or change any projects on the list, it should add the project to this document. He described the paperwork in the Council packet, his process for creating the six -year program, and projects that are complete and have come off the six -year program this year. He described the current project numbers R3 through R8 and showed slides of pending development in the North Bellingham, Bakerview Road, and Horton Road areas. The City and County submitted a joint application for funding from the Surface Transportation Grant funds to do one big project in this area. The City obtained several million dollars for construction, and the County obtained $1.1 million for the design of the Horton Road section. However, on the six -year program, show it as two separate projects Public Works, Health, and Safety Committee, 9/15/2015, Page 4 1 to allow for more flexibility. The County would like to start the project early, get the 2 construction done, and be reimbursed from the State when the money becomes available in 3 2019. 4 5 Jon Hutchings, Public Works Department Director, spoke about North Bellingham 6 transportation planning and the Caitac development. There will be a discussion with Council 7 in a couple of months to talk about accepting outside financing. 8 9 Rutan continued to describe north Bellingham transportation planning, Horton Road 10 on developing a funding package, and development agreements with the City of Bellingham 11 for projects R5 through R8. 12 13 Hutchings stated that at this point, they don't know exactly what these 14 developments will look like. They know that the agreement with Caitac and the City calls 15 for the westward extension of Kline Road and the westward extension of Horton Road to 16 Aldrich. It makes sense to put money toward the design to extend Horton Road to 17 Northwest Road, with funding from the developer and the regional surface transportation 18 program (STP). Local dollars are not assigned to construction. The intent is to gather 19 contributions from all beneficiaries of the construction project. it won't just be a County 20 project. The administration and Council will have that discussion later. 21 22 Brenner stated the City's Horton Road project is just for the Costco development. 23 They were supposed to pay for all this work. The Slater Road connector has a more 24 countywide benefit. Horton Road doesn't provide a countywide benefit. It's a Costco 25 benefit. That bothers her. Don't spend County money on a development for the City to do 26 that. Hutchings stated he will have that conversation with the Council at a more 27 appropriate time. The Council will decide where resources are directed to the annual 28 construction program for next year. 29 30 Mann stated a lot of money is spent to connect parts of the City of Bellingham with 31 other parts of the City of Bellingham, or with the City's urban growth area (UGA). Horton 32 Road only gets them to Northwest Road. The Slater Road connection has a better 33 countywide benefit. The interstate is there. He doesn't like the general trend to allow low 34 density urban development to creep northward. 35 36 Kremen stated the Slater Road and Horton Road connectors will allow the City of 37 Bellingham to collect lots of revenue, but none will go to the County, even though the 38 County will fund these transportation improvements. The Horton Road project was being 39 worked on long before there was any idea that a Costco would be developed at the 40 proposed new location. There is a need for it. Unfortunately, it will cost more money. 41 42 Brenner stated it still goes through a major development. The Slater Road connector 43 doesn't. 44 45 Hutchings stated the administration agrees that this work should not be financed 46 fully by county taxpayers. When the County engages the City and developers today and in 47 the future, it will make sure these improvements are done. Including these projects on the 48 six -year transportation improvement program doesn't suggest that they are funded solely 49 by the County. Rather, they will be funded in partnership. The onus is on those people who 50 benefit the most. 51, Public Works, Health, and Safety Committee, 9/15/2015, Page 5 I Rutan continued the staff report and described project R10, projects R25 through 2 R27 for road flood prevention, and project R20 regarding the Burlington Northern bridge 3 over Marine Drive. 4 5 Mann stated there needs to be additional signage for the cars, bicyclists, and 6 pedestrians on how to navigate this type of warning system in project R20. 8 Rutan continued the staff report and described projects R31 and R32 regarding the 9 Lakeway Drive pedestrian crosswalk and the Lakeway Drive corridor study. Staff 10 recommends making roadway improvements that will look like the schematic on Council 11 packet page 404, which include a five foot dedicated bike lane, an 11 -foot driving lane, and 12 a left hand turn lane. The road will need a new surface treatment in three to four years, 13 and that would be a good time to re- channel the roadway, upgrade curb ramps and 14 driveways to Americans with Disabilities Act (ADA) standards, and look at opportunities for 15 bus pullouts. The staff recommendation is one factor in the Council's decision about 16 Lakeway. 17 18 Brenner stated she disagrees with the staff recommendation. Parkstone Lane is the 19 only area with good site distance. It is the best location for a crosswalk. Focus on making 20 it as safe as possible for pedestrians. More people would cross if there were a safe place to 21 cross. 0401 23 Sidhu stated the community proposal was for a less expensive crosswalk. Rutan 24 stated the data for the crosswalk options are provided beginning on Council packet page 25 410. The data is presented, but is not a staff recommendation. The staff's opinion is that 26 putting in a mid -block crosswalk that doesn't meet warrants is scary. Crosswalks are best 27 suited for intersections, must meet driver expectations, will control all four legs of the 28 intersection, and will be consistent with the crosswalk at Birch Street. Of the options 29 presented on Council packet page 403, staff recommends option three, which would be the 30 safest option. 31 32 Hutchings stated transportation corridors provide competing levels of service. 33 Disconnect the discussion of the six -year transportation improvement program from the 34 discussion of where to site a crosswalk on Lakeway Drive. Staff provided the analysis that 35 the Council asked for last year. The staff will soon prepare the annual construction 36 program, and Council can have this conversation at that time. Both Lakeway projects, the 37 crosswalk and the broader corridor improvements, are included in the six -year 38 transportation improvement plan, which will allow staff to begin developing solutions based 39 on Council's direction. 40 41 Sidhu stated there are many different types of crosswalk. He asked what the 42 alternatives are to spending $3 million. The community is willing to work with a less 43 expensive project. 44 45 Browne asked about meeting safety and funding warrants. Rutan stated he can't 46 recommend the project. The Council could still do the project. His job is to provide the 47 technical information from the Manual of Uniform Traffic Control Devices, which he has 48 done. Based on that nationally recognized data, he's made his recommendation. The 49 Council has made decisions in the past that were counter to his recommendation. Staff was 50 asked for an opinion on where it would put a crosswalk, which they have also done. 51 52 Jack Louws, County Executive, stated the challenge is about what happens if there is 53 an accident with a pedestrian. If the pedestrian tries to find fault in Whatcom County, they Public Works, Health, and Safety Committee, 9/15/2015, Page 6 1 will ask if the County built the crosswalk using the national standards. That makes the 2 County liable for any accident. If this was a situation in which they were making an 3 improvement that is the next step in line for more safety, the County would be fine. In 4 these particular situations, they must follow the construction manuals very closely. The 5 County is often involved in lawsuits. If the County is two percent liable, it must pay 100 6 percent of the cost. The professionals have done the analysis. The location doesn't meet 7 the criteria for a basic crosswalk, so they need to put in a full crosswalk. 9 Brenner stated she could find an engineer to say it does meet warrants. The 10 decision is subjective. 11 12 13 14 15 16 17 Kremen stated the County can get sued for anything. The Council has decided to put in four -way stops against warrants and against the County Road Engineer's recommendation. The administration and Council must use common sense and consider all factors. Mann stated there isn't a clear answer. He appreciates the recommendation from 18 staff, even if it wasn't what the community 19 communities around intersections may show 20 scientific criteria to warrant a crossing, the 21 request. Common sense isn't good enough 22 staff. 23 wanted. If the Council grants it, many other up and ask for the same thing. If there is no Council has no criteria to turn down any other . He likes the solution from the Public Works 24 Mark Greenberg, Parkstone Community Association President, stated the Council 25 voted in the past to ask Public Works staff to come up with a solution for installing a 26 crosswalk. Lakeway Drive is one of the busiest streets in the county. The survey of 27 pedestrians indicated that a high percentage said they wish to cross the street at some 28 point in their journey. Create an environment in which pedestrians can cross safely. The 29 National Highway Traffic Safety Administration reports indicate that drivers know what 30 crosswalks are intended to do. Drivers expect to see pedestrians waiting at crosswalks. A 31 $4 million traffic light isn't a fiscally - responsible solution. Instead, use solution -based 32 thinking to do something now, not in three years, to address the clear need for individuals 33 to cross a 1.3 mile stretch of road in a safe manner. He's disappointed that an actuated 34 crosswalk wasn't discussed further and recommended. 35 36 DOLJg Bergesser, described the project history and stated they are asking for 37 pedestrian safety. He supports a button - actuated signal. 38 39 Eileen Kadish stated she submitted a letter previously. The residents don't want to 40 wait for years for a way to cross the street. Half or more of the drivers don't understand 41 that pedestrians can cross at every corner. Last October, the Executive said the goal is to 42 take care of something this past summer or this fall. That hasn't happened. Although the 43 best sight distance is at Parkstone Lane, the Public Works staff indicate there are sight 44 distance challenges. The sight distance at Parkstone can be made better by cutting 45 vegetation and installing the warning signs for drivers. The traffic counts in 2014 were 46 taken at a different time of year than in 2015, so they're not comparable. Public Works 47 staff has not factored in latent demand based on the number of elderly and young people in 48 the neighborhood and the growth in the area. They aren't planning for the future. 49 50 Rutan continued the presentation on the bridge projects and ferry program. All 51 structurally deficient bridges are on the six -year program. If interested, add road project 52 R33 to the list for the Yacht Club Road quiet zone. 53 Public Works, Health, and Safety Committee, 9/15/2015, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 s0 51 52 53 Brenner moved to recommend that the Council add the Yacht Club Road quiet zone project as project R33 and designate $5,000 as a placeholder to year one. The motion carried by the following vote: Ayes: Brenner, Kremen, and Mann (3) Nays: None (0) Brenner stated make something happen with the Parkstone crosswalk project. Rutan stated $400,000 is allocated to the project for year one, and it will be discussed via the annual road construction program. The project was placed on the program last year. As soon as a majority of councilmembers direct the administration to do something, they will go do it. Browne asked what the speed limit is in the area. Rutan described the speed limit in the area. He does not recommend changing the speed limit from the current 35 miles per hour. Browne stated improve the sight line by removing the vegetation. Rutan stated they can do that. Browne stated build a pedestrian overpass. Rutan stated that is an option, but will cost $10 million to $20 million. Brenner stated Northwest Road is a 45 mile per hour road. It has an all -way stop in the middle of it. Maybe put in an all -way stop with lights, or install a crosswalk like the one at Bakerview Road, which is not in a corner. Rutan stated they wouldn't want everyone on Lakeway Drive to stop at a stop sign. The traffic will get backed up. Kremen stated another example of a crosswalk is the one at Barkley Boulevard. He asked that cost. Rutan stated an actuated crossing would be $300,000 to $400,000. OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 2:55 p.m. ,1114111111141111fffff ATTEST: ,.' 0 ./V C, Dana Brown DR%; Geuil4 erg J`fff � 1ti`� ��� I 11111111 1111 Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barbara Brenner, Committee Chair Public Works, Health, and Safety Committee, 9/15/2015, Page 8