HomeMy WebLinkAboutCouncil July 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
Regular County Council
July 8, 2003
The meeting was called to order at 7:00 p.m. by Council Chair Dan McShane
in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Barbara Brenner
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Sharon Roy
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
None
McShane announced that there was discussion with Whatcom County
Auditor Shirley Forslof regarding proposed changes in the voting system to
meet the criteria of the Help America Vote Act (AB2003 -258) during the
Committee of the Whole meeting.
McShane announced that there was also discussion with representatives
from the Whatcom County Prosecutor's Office regarding pending litigation
(AB2003 -018) in executive session during the Committee of the Whole meeting.
MINUTES CONSENT
Nelson moved to approve Minutes Consent items one through four.
Motion carried unanimously.
1. SPECIAL COUNTY COUNCIL — BUDGET AND MASTER FACILITIES -
FOR JUNE 10, 2003
2. SPECIAL COUNTY COUNCIL — TITLE 20 AMENDMENTS — FOR JUNE 10,
2003
3. SPECIAL COMMITTEE OF THE WHOLE FOR JUNE 17, 2003
4. REGULAR COUNTY COUNCIL MEETING FOR JUNE 17, 2003
Whatcom County Council, 7/8/2003, 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.
OPEN SESSION
The following people spoke:
Dennis Jones, 1487 Sudden Valley, stated the County has other issues they
need to get going on regarding lake issues. A resolution was approved in 1992 that
had 21 goals. There is also the summary of the Whatcom Reservoir Management
Program for 2000. Those are plans that are in play. He asked the Council to
encourage planners to get on with them.
He presented a videotape on what he hopes will become Roger DeSpain park
in the watershed area above Sudden Valley, on Lookout Mountain.
The only way they are going to get things done is for the City and County to
work together. The situation of the City versus the County on the urban growth
area issue is shooting the community in the foot. Find a way to settle it, and allow
both sides to be heard.
Leadership comes from the top. He asked the Council and County Executive
to keep working together.
Leonard Lindstrom, resident, asked if everyone is staying on their feet and
talking to each other. Kids have been left standing by themselves for too many
years. It generates too many social problems.
Sharon Groen, Birch Bay, stated she represents the Birch Bay View
Community Club. They are petitioning Birch Bay Water and Sewer for sewer
installation. She is confident that results of an income survey will meet
qualifications to apply for a community development block grant. It's essential to
have the County Council support, including a public hearing. She would be willing
to do the application in its entirety. She asked who the contact person would be on
the County Council. In six to eight weeks, when the survey is done, she needs to
contact the County.
McShane suggested she work with the County administration.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee
and moved to approve Consent Agenda items one through five.
Motion to approve Consent Agenda items one through five carried
unanimously.
Whatcom County Council, 7/8/2003, 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.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID
#03 -44 TO THE LOWEST RESPONSIVE BIDDER, JERRY CHAMBERS
CHEVROLET, FOR TWO REPLACEMENT CARGO VANS, IN THE AMOUNT
OF $61,520.36 (AB2003 -245)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID
#03 -47 TO THE LOWEST RESPONSIVE BIDDER, KENWORTH
NORTHWEST, FOR A REPLACEMENT DIESEL TRUCK, IN THE AMOUNT
OF $88,142.15 (AB2003 -246)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
GRANT AWARD CONTRACT BETWEEN WHATCOM COUNTY AND THE
STATE OF WASHINGTON'S DEPARTMENT OF COMMUNITY, TRADE
AND ECONOMIC DEVELOPMENT, FOR A COMMUNITY DEVELOPMENT
BLOCK GRANT (PLANNING -ONLY GRANT) IN THE AMOUNT OF
$24,000 (AB2003 -247)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
SUB- RECIPIENT AGREEMENT BETWEEN WHATCOM COUNTY AND
KULSHAN COMMUNITY LAND TRUST, RESULTING FROM THE GRANT
AWARD CONTRACT FROM THE WASHINGTON STATE DEPARTMENT OF
COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT, FOR A
COMMUNITY DEVELOPMENT BLOCK GRANT (PLANNING -ONLY
GRANT) IN THE AMOUNT OF $24,000 (AB2003 -247A)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN
WHATCOM COUNTY AND THE WHATCOM CENTER FOR EARLY
LEARNING, TO PROVIDE EARLY INTERVENTION AND PARENT TO
PARENT SERVICES, IN AN AMOUNT NOT TO EXCEED $22,000
(AB2003 -248)
PUBLIC HEARING
1. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 2.33
AND WHATCOM COUNTY CODE TITLE 20, VARIOUS CHAPTERS, TO
ADD AND CLARIFY LANGUAGE RELATING TO NOTIFICATION
REQUIREMENTS FOR LAND USE APPLICATIONS (AB2003 -227)
McShane opened the public hearing and the following people spoke:
Frank Eventoff, 7086 Atwood Road, Ferndale, stated he supports the effort
for better notification. Many people don't get the Bellingham Herald and are not
aware of the County's activities. He suggested that a developer solicit a response
from the neighborhood residents.
Whatcom County Council, 7/8/2003, 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.
Hearing no one else, McShane closed the public hearing.
Caskey- Schreiber moved to adopt the ordinance. She brought this
forward with the help of the Council's Clerk. The notification used to be to 300 feet
from the property boundaries. The density in the County is a lot lower than in the
urban growth areas (UGA's) and cities. Many people are being left out of the
process whenever there is a rezone, Comprehensive Plan amendment, or UGA
expansion. The more people that are involved in the process, the healthier results
the County gets. Everyone will have a chance to be heard and influence the
decisions made regarding the areas where they live. She excluded the UGA areas
upon recommendation from the Planning Department because the UGA's have a
higher density and it would be more costly for the applicant to notify everyone.
Motion carried unanimous /y.
2. RESOLUTION VACATING THAT ENTIRE PORTION OF JAMES WAY
LYING WESTERLY OF BIRCH BAY DRIVE (AB2003 -237)
McShane opened the public hearing and the following people spoke:
George Astler, 4815 & 4817 Alderson Road, Birch Bay, stated they need
more beach access, which they don't have now. They may not have beach access
because of this. There is a lot of private property ownership, which he respects,
but the ocean and edges of the ocean should belong to everyone. Consider this
very carefully. The area should be as open as possible.
Ray Hong, Birch Bay Park First Edition Resident, stated he bought his
property, lot 10, in 1969. He represented the easement going across the end of
James Way when he purchased his property. Two years later, he bought lot nine
from Dodd and Hollinger. They represented the beach reserve in front of The
Palms and the easement going through the end of James Way, which was
dedicated to Birch Bay Park First Edition.
Later, as transactions changed at The Palms, Gordon and Josie bought The
Palms. There was a secret transaction for $10 and special consideration where
part of that lot in front of James Way was sold. A month later, Gordon pulled out
the monuments at the end of James Way, which were on each side of James Way,
halfway into the lot, and proceeded to fence it. The County put the monuments
back in and told Gordon that the land was dedicated to Birch Bay Park First Edition.
About four years ago, Kary Gobbato tried to get the County to vacate James
Way beside her house. The County said it was dedicated to the public, and there is
no way that a dedication could be taken away from the public. He tried it himself
and was told the same thing. They can't take the end of James Way from them
when it was dedicated to Birch Bay Park First Edition. He asked how the beach
reserve disappeared. He wasn't notified about the beach reserve, which now
belongs to those apartments. He asked where the residents would go even if the
Whatcom County Council, 7/8/2003, 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.
property was vacated and they received a different easement. He is against the
James Way vacation because the access belongs to Birch Bay Park First Edition.
Cathy Cleveland, 4961 Morgan Drive, Birch Bay stated she is against the
James Way public access disappearing. She has used the access since she was a
child. It was a public right -of -way access to the beach. If this beach access is
vacated, it gives legal precedent to vacate the rest of the accesses. The beach
reserve is on the original plat map. She questioned how it disappeared. She
hasn't seen any documentation that shows how it disappeared. County officials
don't have a legal paper trail that shows how it was done. The reserve should be
there. The beach reserve was dedicated forever. She is opposed to the vacation.
Charles Van Gorder, Bellingham, stated he is the attorney representing Kary
Gobbato, who lives across the street from the proposed vacation. He submitted
information (on file). Regarding the beach reserve, there are questions about how
that was accomplished. Only a few of the landowners in Birch Bay Park First
Edition approved it. Everyone in the park would have had to approve to vacate the
beach reserve. There is some indication that the beach reserve only goes part way
to the James Way right -of -way, and the rest of the right -of -way goes directly to
the tidelands. That adds a question of the status of James Way regarding the
beach access, beach reserve, and tidelands.
His written testimony includes information regarding the ten -foot public
easement. When Mr. Hanson applied for a shoreline substantial development
permit in 1990, the Planning staff said there was public access on the southern
area of his condominium, lot F. When the Hearing Examiner approved the permit,
he said there might be already a ten -foot public access easement. The question is
whether there is a ten -foot public access easement today. If so, the portion of
James Way that is proposed to be vacated provides parking access to that
easement. It would be a public detriment because they would lose the access to
the easement. Mr. Almskaar talks about the benefits of the vacation. The public
benefits are minimal. Any public benefit of increased taxes would be outweighed
by public cost. He corrected his earlier statement that this lot was unbuildable. If
this lot is buildable, it should be built on the way it is. There is no reason to give
the petitioner an extra 1,200 square feet of land. The lot would be increased by
about 25 percent for $5,000. He is opposed to the vacation.
Ted Morris, 5105 Helwig Road, Birch Bay, stated all rights -of -way in Birch
Bay are important now and in the future. Birch Bay is growing, and the public
areas are vital to the community. Questions have been raised about some of the
dealings that have happened since 1998. It's up to Whatcom County to look into
those dealings to find out exactly what assets the public has. Don't give up any
public access in Birch Bay. Use some Conservation Futures Fund money to acquire
a parcel or tidelands to provide access to the public. He is opposed to the
vacation.
Whatcom County Council, 7/8/2003, 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.
Patricia Alesse, 4825 Alderson Road, Birch Bay, stated the road end areas
were very specifically designated as beach access for recreational purposes for the
owners of Birch Bay Park First Edition. That should be preserved. She has no
desire to prevent Mrs. Christianson from making a reasonable use of her property.
However, they don't want to give up the neighborhood's beach access. Other
beach accesses are on the southern end, not the northern end. The end of James
Way is not useless, as Mr. Almskaar says. It provides parking spaces and an area
to turn around. It also provides a view corridor to the water.
The petitioner has proposed offering a ten -foot easement for beach access.
The only way she supports this offer is if the access were deeded to the County or
to Birch Bay Park First Addition. They need something more than an easement.
There are many examples of easements that have vanished.
Patrick Alesse, 4825 Alderson Road, Birch Bay, stated every developer that
has come to Birch Bay always allowed for public access for the back lots to get
down to the beach. The total project is worth more if they could allow that access.
That is the same thing that happened at Birch Bay Village. Human nature being
what it is, those people who live on the water resent those who come down
through the access. They have government to make sure things stay fair. The
County benefits from the assessed valuation at Birch Bay. The County has a
vested interest in keeping that assessed valuation high. Need to have public
access to the beach.
Roger Almskaar, 3610 Meridian, stated he represented the applicant. He
submitted maps, photos, and a summary of the presentation (on file). Right now
there is an easement over the south half of lot F, Mrs. Christianson's lot. He
proposes to grant a right to use that easement to all the people who own lots in
Birch Bay Park First Edition. There is no public right -of -way from the end of James
Way to the beach right now. There is no evidence to support that claim. The
beach reserve was vacated to the upland lots in 1998. The applicant is willing to
open the easement to the general public.
Crawford suggested swapping 1,200 square feet along the south property
line for the James Street property.
Steve Shropshire, attorney, stated that the ten -foot strip proposed to be
swapped is already an easement for the Dodds. They have to make sure that any
increase in the use of an easement doesn't overburden the already- existing
easement of the Dodd's. The swap is a creative idea that could be discussed.
Almskaar stated that if they are going to have a ten -foot easement for the
public, he suggested that there not be any sign there. If they put up a sign, it will
create parking problems. There's no place for temporary sanitation facilities. An
open passageway without a sign would be consistent with the notion that this is for
the people who live in that area, not for someone to drive across the County to get
to.
Whatcom County Council, 7/8/2003, 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.
Shropshire stated there is clearly no record of public access, but there may
be prescriptive rights. The winning solution for everyone is to define the public
access. If they can come up with an agreement where the public has access and
Mrs. Christianson can have use of the right -of -way, they will reach a winning
solution for everyone. There needs to be discussion between the County and the
Christianson legal counsel because of the Dodd's existing agreement.
Darlene Booth, 8188 Birch Bay Drive, asked what would happen if the public
were allowed access, and if the beach reserve is gone. Right now they just walk
across it.
Brenner stated they don't know.
Hearing no one else, McShane closed the public hearing.
(Clerk's Note: End of tape one, side A.)
Brenner reported for the Public Works Committee and stated there is
disagreement about whether or not there is public access to the beach. According
to Mr. Monsen, it isn't clear. She doesn't support vacating something if there is
potential for public access to the beach. Councilmember Crawford's proposal is
interesting.
Jeff Monsen, Public Works Director, stated there doesn't appear to be
general public access. There may be a private right of access for the adjacent
community. In this case, a public right and a private right are almost identical.
Nelson moved to look at preliminary granting the application with some
ideas for public access, allow the Public Works Department to work with property
owners on how that would be done, and come back with a revised resolution.
Joe Rutan, County Road Engineer, stated the resolution is in the negative.
If the resolution is approved, the vacation is denied. Staff would want time to do
those negotiations.
Nelson amended his motion, and moved to table the resolution.
Roy stated she is in favor of the resolution to deny the vacation. Approving
it is not appropriate. There are still a lot of issues that need to be cleared up, such
as what happened to the beach reserve. That might be an issue to this vacation.
She would support tabling the resolution if there is community input.
Nelson stated the motion would allow the Public Works Department to look
at the alternatives proposed, address the issues that need to be cleared up,
prepare a final resolution, and give the applicants and community an opportunity
to come up with an amiable solution.
Whatcom County Council, 7/8/2003, 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.
Caskey- Schreiber stated the two issues are related. They still have not
gotten an answer about what happened to the beach reserve. She wanted those
answers before considering Councilmember Crawford's suggestion. She is in favor
of installing signs if things like this can get lost.
Brenner stated all the concerns are valid. She wants to make sure they are
all dealt with before they come back with a final proposal.
Nelson stated the motion would allow for addressing the significant issues,
share information, and bring the resolution back for an additional hearing in a
different format.
Monsen asked for clarification on the questions that his department is to
answer and the paperwork he is to prepare. He asked if tabling the issue is simply
to schedule another discussion to do that.
Nelson stated his motion is to allow for a discussion to come back to the
Council. Both sides have heard the issues presented tonight.
Crawford asked if this vacation application included fees. Monsen stated it
did. There are two different courses. One course is to prepare more historical
information about the land there for a discussion. The other course is going to the
applicant to work out a land swap and /or compensation schedule. If there is a land
swap or sale, a vacation is still the proper mechanism to extinguish the interest.
Compensation for that is a different matter.
Pete Kremen, County Executive, stated the administration and Public Works
Department will come up with a resolution that will be acceptable to all.
Brenner requested that the Council receive a history of the area so the
questions can be answered. She's not interested in acting on this until she knows
what happened to the beach access and the use that is there.
Roy stated she is ready to deny the vacation as staff recommended. That
way, the Council says that the vacation as presented is not what they are going to
accept. The tie to the community is proven. This request has been turned down
before. Let the people start over and work out a compromise.
Fleetwood stated he is in favor of tabling the issue. There is an opportunity
to come up with a winning solution. If the Council vacates right now, the applicant
will have to pay application fees again. Give the parties an opportunity to work
together.
Nelson stated he wanted a winning solution for the community. He doesn't
want the applicant to lose interest and block access just because he's trying to get
information.
Whatcom County Council, 7/8/2003, Page 8
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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.
Motion to table carried 5 -2 with Roy and McShane opposed.
McShane stated this item will be scheduled in the Public Works Committee.
3. RESOLUTION IN THE MATTER OF THE WHATCOM COUNTY SIX -YEAR
TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2004
THROUGH 2009 (AB2003 -238)
Brenner gave a staff report and stated there is an amendment to project 50,
and the committee recommended removing project 26, which the administration
requested. On project 50, there is an opportunity to cost -share with the State.
They can move ahead with the engineering studies. The money is there. The
committee recommended allocating the money for the engineering studies.
Joe Rutan, County Road Engineer, stated the Council needs to remove
project 26. If he comes forward with the six -year road improvement program
now, he would not bring forward that project.
There was an amendment to project 50, the Hannegan Road /Pole Road
intersection. He's discussed the project with the State Department of
Transportation (DOT). Currently, that intersection ranks number seven out of 296
intersections statewide. The State DOT doesn't have any funds in its 2003 -2004
biennium budget to work on that project. He suggested entering into an
agreement to cost -share the cost of the project. The intersection is a good
candidate for receiving State funding in the 2005 -2006 biennium. The County
could do preliminary engineering in 2004 and 2005 to get the design work done.
When they are ready for construction in 2005 and 2006, the DOT will pay for the
construction. The County would pay for the engineering at the front -end, and the
State would pay for construction when it has funds available.
The priority numbers for the projects are important, but some projects lower
on the list have funding. The Lincoln Road connector has moved down five spots
on the list, but they are still proposing to construct it in 2006. Look at the priority
numbers in conjunction with the funding that is available for them.
Brenner stated one project that lists East Smith Road should be corrected to
state that it is West Smith Road. That is a scrivener's error.
McShane opened the public hearing and the following people spoke:
Earl Listebarger, 8246 Cedar Way, Blaine, spoke on the Selder Road
extension into Semiahmoo Parkway. It is not on the proposal right now. The
community has narrow roads. School kids meet on Selder Road every morning.
It's not feasible to have that amount of traffic up to Selder Road. He is opposed to
the extension. Consider rerouting Birch Bay's traffic in another area.
Whatcom County Council, 7/8/2003, Page 9
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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.
McShane stated that the proposal is to use an alternative to extending
Selder Road.
Jerry Westby, 564 Kline Road, stated the Council received neighborhood
comments on the Kline Road fiasco. It has been pulled off the six -year plan. He is
concerned that it will be restored on the list. He asked the Council to use some
common sense and compassion for his neighborhood.
Cathy Cleveland, 4961 Morgan Drive, Birch Bay, stated they need to get
traffic off Birch Bay Drive. It is a safety issue. They need the Birch Point
connector Road. Birch Bay Drive is not an arterial and can never become an
arterial. The volume of traffic on Birch Bay Drive is expected to be 11,700 cars per
day in the Cottonwood area. They need to do something before it becomes a
problem. Putting in crosswalks is not the answer. Get the traffic off the road.
LuAnne Alton, 4790 Aldrich Road, stated she was happy about removing the
Kline Road project. She submitted a letter into the record (on file).
Wilma Higgins, 607 Kline Road, thanked the Council and Executive for
removing the Kline Road project. She's on the west side of the Guide Meridian,
and is concerned about her neighborhood. She would like to know about any plans
for development in that area.
Patrick Alesse, 4825 Alderson Road, Birch Bay, stated Birch Bay Drive
between Blaine Road and Alderson Road needs a left hand turn lane for
southbound traffic. Make it a requirement for a developer in that area. Leave
enough space for a left hand turn lane. The Birch Point Road connector is
necessary. It should connect to Semiahmoo Parkway, not Harborview Road.
Rutan stated they want to connect Birch Point to Lincoln Road at some
point. They need to do the engineering and work with the City of Blaine to develop
a scenario.
Carol Sandvig, 8212 Birch Bay Drive, Birch Bay, stated she spoke for
Claudia Hollod regarding reconstruction of Lincoln Road and the construction of the
Birch Point connector. She submitted Ms. Hollod's comments.
Bob Bezona, 2219 Lummi Shore Road, asked about the Kline Road
connector being pulled.
McShane stated the County administration removed that project from the
plan.
Bezona stated they need to be proactive rather than reactive. This County
is going to grow, and they need project 26. They also need the bridge in project
48. Be ahead of the growth that is coming to the county. There are funds to take
care of it.
Whatcom County Council, 7/8/2003, Page 10
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Hearing no one else, McShane closed the public hearing.
Rutan stated the Slater Road connector would connect Northwest Road with
Meridian. It's not the Kline Road connector. They don't know where it will go.
They need to do that study. After looking at it, the County Executive felt that the
benefits from that project would be to the City of Bellingham. If there is to be a
project at all, it should be built by the City of Bellingham, not Whatcom County.
That's why it was removed from the County's six -year road program. To align with
the Kline Road, it would have to go into the city limits.
McShane asked if the city residents pay into the County road fund. Rutan
stated they do not.
McShane asked how much money the road fund receives from the gas tax in
the county. Rutan stated that information is on Council packet page 118.
Crawford stated the City of Bellingham benefits when traffic goes into their
commercial area. They benefit when the sales tax is generated. Most cities suffer
when a freeway comes through and diverts around the city. The people who will
benefit in terms of traffic relief will be the people in the county who are avoiding
the Guide Meridian area. He asked how it is a benefit to the City of Bellingham.
This is a county area. They've talked about needing this connector since the Smith
Road interchange was eliminated.
The Council of Governments is having a discussion about diverting truck
traffic. One of the problems with the Guide Meridian and I -5 area is that large
trucks create a disproportionate amount of traffic. The trucks have little interest to
the City of Bellingham, yet add a lot to the traffic problem. One of the solutions is
the Slater Road connector to get truckers to the Slater on -ramp to I -5. Barring
that, they've talked about diverting traffic in that area to at least Aldrich Road.
Another possibility is changing the northbound on -ramp bridge at Bakerview Road
to a southbound on -ramp, and creating a northbound on -ramp on the east side of
the freeway.
Jeff Monsen, Public Works Director, stated those issues go well beyond
anything related to the Slater connector. The Slater connector would not provide
any service as a truck route. The goal of the Slater connector would be exclusively
to provide access into the core of the Cordata area for residential traffic. The
program brings focus to the intersection of Smith Road and Northwest Road.
(Clerk's Note: End of tape one, side B.)
Monsen continued to state that dealing with the truck traffic could be done
by a Grandview connector. He recommends that they focus on the Smith Road
interchange rather than spending County funds to service the residential traffic
within Cordata.
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Caskey- Schreiber stated its illogical that trucks from Sumas would go all the
way to Slater Road when they are headed southbound. It's more likely that they
will go down Hannegan Road or the Guide Meridian.
McShane moved to approve the resolution.
Brenner moved to amend to remove project 26.
Motion carried 6 -1 with Crawford opposed.
Brenner moved to provide funding for engineering study for project 50.
Rutan stated that would move funding for years two through six to year one.
Roy asked about the Selder Road and Lincoln Road connector at Birch Bay.
Motion carried unanimously.
Brenner stated there was conversation in committee about Lincoln Road.
The project has changed positions may times. Mr. Rutan and Mr. Monsen assured
her that it is closer to being done, and is scheduled for 2006.
Monsen stated the historical inclusion of the connector there has been driven
by the possibility of funding from a major development. Without those
developments, it became a nonexistent project. In this proposal, they recognize
that traffic has gotten to the point where they should move ahead.
Roy agreed. She asked if the exact route is something that will be
determined through design. Rutan stated they will work on it. There is $25,000
for right -of -way. If they have to purchase the entire right -of -way, the right -of -way
cost will go up substantially. Now, it depends on development dedicating it.
Roy asked if there is a possibility for help from others. Rutan stated they
need to be creative and aggressive in seeking grant funding for many projects.
Roy stated it's great that they did the research on the Pole Road and
Hannegan Road stoplight. She asked if the State communicates its priorities to the
County. Rutan stated communication could always be better. He will continue to
improve communication.
Roy stated they should lobby for some of the gas tax money for Whatcom
County. Monsen stated the State legislature identified the specific projects the gas
tax money would go toward. There is no discretionary money from the gas tax.
The list of projects has already been determined.
McShane asked about left hand turn lanes on Birch Bay Drive. He asked
how that would be done, and if it is an issue that the Public Works Department
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would suggest to developers. Rutan stated that any development with significant
traffic impacts would have to submit a traffic plan that the County would review
and approve. The preliminary engineering for a project would consider those types
of things.
Roy suggested that it be on the six -year road plan so the Hearing Examiner
can require it of a developer. Rutan stated that is not necessary. Project 43 is a
sidewalk project.
Brenner stated Alderwood Road, which is in Bellingham's urban growth area,
has a school, and there are no sidewalks. When work was done on the West Smith
Road, it was said over and over that they need to have sidewalks where there are
children and schools. Alderwood Road has a substantial amount of traffic during
school hours. The Public Works Department will look at safe roads for schools.
Rutan stated that in 2004, he wants to start analyzing the safe walking routes that
all schools are required to have within one mile. He will start prioritizing the needs
and how they can accomplish them.
Brenner asked if there are interlocal agreements with the city for cost
sharing regarding major road improvements that provide amenities in the urban
growth areas. Monsen stated that whenever the County does capital
improvements within the urban growth area, the interlocal agreement that is in
place is amended to include those expenditures with a pro -rated reimbursement
schedule if that area is annexed within ten years.
Brenner stated a scrivener's error on project 27 should be corrected to say
West Smith Road.
Motion to approve as amended carried 6 -1 with Crawford opposed.
4. RESOLUTION VACATING A PORTION OF LUMMI VIEW DRIVE
(AB2003 -240)
Joe Rutan, County Road Engineer, gave a staff report and stated they need
to relocate the road away from the bluff because it is eroding up to the fog line.
The permitting agencies will not allow the County to armor that slope anymore.
They need to either relocate the road or close it because it will fall in to the sea.
To obtain right -of -way, the property owners expect to be compensated by the
vacation of the road on the bluff side. A separate issue, unrelated to the vacation,
is that the Public Works Department proposes closing the remaining portion of
Lummi View Road, as shown on the map.
Fleetwood asked if the County would be able to retain a right to drive down
the road to enjoy the view. Rutan stated it is no longer being proposed to vacate
that portion, but only to close the road and take it off the County road logs. The
County would maintain the underlying right -of -way so it could be reopened if
needed.
Whatcom County Council, 7/8/2003, Page 13
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Fleetwood asked if there is a place for a person to drive to and park. Rutan
stated he proposes to close the road because it doesn't go to anyplace that the
public has access to. It is private property on both sides.
McShane opened the public hearing and the following people spoke:
Bob Bezona, 2219 Lummi Shore Road, stated he is opposed to the vacation
and the road closure. That bank has eroded. It took 50 years to go five feet. He
would like access to get to Portage Island Park. He asked who gets the right -of-
way when closed. This needs more public input.
Larry Olsen, 3215 Heights Place, Bellingham, stated he supports the
proposed vacation. Most of the property owners will have access on the new road.
No one will be cut off from any access. The people on Lummi Shore Road and
Lummi View will have to go up a few hundred feet to pick up the intersection on
the new road. He's seen trees fall into the bay. The inconvenience is to only a few
people. There will be a school 300 to 500 feet away. There is a high bank. It
would be unwise to have those children play in that area. There's no use for the
County to own the road if it is not maintained.
Richard Jefferson, Lummi Planning Director, stated the Lummi Tribe
supports this vacation. The rate of erosion on the bluff is eight to nine inches per
year. A number of trees along the bluff have fallen in. It's a beautiful drive, but
the Army Corps of Engineers won't let them put rock on the beach. There are
cultural concerns on that property that will be difficult to overcome.
Brenner asked if there are any provisions for access to Portage Island.
Jefferson stated they've agreed to have that discussion with Executive Kremen. He
doesn't have direction from his council yet.
Andy Kampkoff, 3053 Lummi Shore Road, stated they have put three and a
half miles of rock along the Lummi Shore Road to protect the Bellingham Bay side.
Since they set that rock in place in a sensitive environmental area, they have
impacted the salmon and bull trout. This is one of the reasons why the Army
Corps of Engineers, National Marine Fisheries Service, and other agencies won't
permit that amount of rock needed to protect the Hale Passage side of the
peninsula.
The proposal has been publicized, and it has had no negative comments
from the residents. The tribal residents would like to keep Marine View Drive to
stay the way it is. However, they've seen what happened at the Bellingham Bay
side. It is a hazard. They put a lot into trying to get the Lummi View Road
rehabilitated so it can be used, but it isn't practical. The erosion rate is too fast.
Hearing no one else, McShane closed the public hearing.
Whatcom County Council, 7/8/2003, Page 14
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Crawford asked about the original intent versus what is being proposed now.
Monsen stated that the proposal now is to vacate a portion of the road and close a
portion of the road. They will retain the underlying right -of -way for the closed
portion of the road, which will become like a community driveway. They will
simply not maintain it.
Brenner stated that this item has been discussed a number of times.
Unfortunately it doesn't show up in the legal notices unless there is a public
hearing on it as a transportation issue. They've gone over this many times. It
changed from the vacation of the whole road to a vacation of just a portion of it.
She's impressed that they are working well with the Lummi Nation. The erosion
rate is severe. She's concerned about the money the County has spent and would
spend in the future, and they can't protect the road anyway. This is the solution
with the least impact on everyone. She encouraged the County and Tribe to figure
out an access for Portage Island.
McShane moved to approve the resolution.
Motion carried unanimously.
McShane moved to close and end County maintenance of the remainder of
Lummi View Road not vacated. The right -of -way would still exist for future
development and public access.
Motion carried unanimously.
OTHER ITEMS
1. ORDINANCE AMENDING THE 2003 WHATCOM COUNTY BUDGET,
SEVENTH REQUEST (AB2003 -239)
Crawford reported for the Finance and Administrative Services Committee
and moved to adopt the ordinance.
Brenner stated she is opposed to the $25,000 for a feasibility study for a
temporary jail facility. The Sheriff already had a qualified person look at the
building. The project is feasible. Use the money to work on the building itself
instead of another feasibility study. She supports the other items in the
supplemental budget request.
Motion to carried 6 -1 with Brenner opposed.
2. DISCUSSION OF THE LEVEL OF SERVICE STANDARDS FOR THE LUMMI
ISLAND FERRY, INCLUDING CONTRIBUTIONS FROM THE LUMMI
ISLAND TRANSPORTATION COMMITTEE (AB2003 -249)
Whatcom County Council, 7/8/2003, Page 15
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Brenner reported for the Public Works Committee and moved to approve
the Public Works Department proposal to mail out a survey to the Lummi Island
residents regarding their desired level of ferry service. The level of service options
listed (LOS) in the survey were read in to the record. They are:
Current LOS
Whatcom County should appreciably increase vehicle carrying
capacity as the Island population grows. A larger vessel or another
vessel to supplement the Whatcom Chief would be required.
Expanded LOS
Whatcom County should not increase vehicle carrying capacity. More
parking and better transit can accommodate projected growth.
Reduced LOS
Whatcom County should not increase parking or vehicle carrying
capacity. As population grows service levels will decrease.
Crawford asked what this is for. Monsen stated the Lummi Island
Transportation Committee asked him to pose questions to the community so the
County can get an idea about where it should focus its energy over the long term.
This is not meant to be part of an elaborate survey. It is meant to resemble an
advisory ballot. Along with the survey questions would be information that
describes what each option means from an operational and financial standpoint.
Crawford asked if there is a cost to this. Monsen stated it is simply a mailing
to all registered voters.
Motion carried unanimously,
3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, CHAPTER 20.71 — WATER RESOURCE
PROTECTION OVERLAY DISTRICT, CHAPTER 20.80 —
SUPPLEMENTARY REQUIREMENTS (STORMWATER AND CLEARING),
CHAPTER 20.85 — PLANNED UNIT DEVELOPMENTS, AND CHAPTER
20.97 — DEFINITIONS, TO PROVIDE ADDITIONAL REGULATORY
PROTECTION FOR SENSITIVE WATERSHEDS (AB2002 -222B)
Fleetwood reported for the Planning and Development Committee and stated
this item was held in committee until its August 5 meeting.
4. SUMMARY DISCUSSION OF A PUBLIC FORUM REGARDING WHATCOM
COUNTY'S TRANSFER OF DEVELOPMENT RIGHTS PROGRAM HELD ON
JUNE 16, 2003 (AB2003 -250)
Fleetwood reported for the Planning and Development Committee and stated
no action was taken.
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S. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
MICHAEL G. MCFARLANE AS THE DIRECTOR OF PARKS AND
RECREATION, AS SET FORTH IN THE WHATCOM COUNTY HOME RULE
CHARTER, SECTION 3.23 (AB2003 -251)
McShane moved to confirm the appointment.
Brenner stated she is real impressed with Mr. McFarlane's credentials. It will
be hard to fill Roger DeSpain's shoes, but this gentleman seems to have incredible
credentials.
Motion carried unanimously.
6. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF
ROBIN HALLIDAY TO THE PUBLIC FACILITIES DISTRICT BOARD
(AB2003 -252)
Caskey- Schreiber moved to confirm the appointment.
Motion carried unanimously.
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A NEW
APPLICATION FOR A LIQUOR LICENSE FOR WINE EMPIRE, LOCATED
AT 8380 JUNIPER LANE, MAPLE FALLS (AB2003 -253)
Nelson moved to approve the request.
Motion carried unanimously.
8. RE- APPOINTMENTS OF BESS CHRISTMAN, PAULINE HILLAIRE AND
MIKE WOODKE TO THE NORTHWEST SENIOR SERVICES BOARD
(AB2003 -254)
Crawford moved to appoint the applicants.
Motion carried unanimously.
INTRODUCTION ITEMS
McShane moved to accept the Introduction Items.
Motion carried unanimously.
1. ORDINANCE REGARDING THE INSTALLATION OF STOP SIGNS ON
CERTAIN COUNTY ROADS (AB2003 -255)
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2. ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMITS ON
CERTAIN COUNTY ROADS (AB2003 -256)
3. ORDINANCE AMENDING THE 2003 WHATCOM COUNTY BUDGET,
EIGHTH REQUEST (AB2003 -243)
OTHER BUSINESS
There was no other business.
SPECIAL PRESENTATION
1. PROCLAMATION DECLARING JULY 10, 2003, AS PARENT TRUST FOR
WASHINGTON CHILDREN DAY (AB2003 -017)
(Clerk's Note: End of tape two, side A.)
Pete Kremen, County Executive, read the proclamation into the record.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Crawford asked why the County would issue a liquor license on Juniper Road
at Paradise.
Sylvia Goodwin, Planning Division Manager, stated the Land Use Division
probably reviewed it, so she didn't know.
Crawford stated that area is zoned urban residential. Goodwin stated a
neighborhood grocery store is allowed in an urban residential zone if it is in an
urban growth area and at a highway intersection.
Brenner stated that Green Bay, Wisconsin, where the new Parks Department
Director is from, is the only place that owns its professional football team. The
community gets monetary benefit from this team. That's pretty neat. That's why
they have so much community spirit.
ADJOURN
The meeting adjourned at 9:26 p.m.
Jill Nixon, Minutes Transcription
Whatcom County Council, 7/8/2003, Page 18
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These minutes were approved by Council on August 5 , 2003.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Council Chair
Whatcom County Council, 7/8/2003, Page 19