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Home My WebLink AboutCouncil September 3 1996WHATCOM COUNTY COUNCIL Regular Council Meeting September 3, 1996 The meeting was called to order at 7 p.m. by Acting Council Chair Alvin Starkenburg in the Council Chambers, 311 Grand Avenue. Also Present: Marlene Dawson Barbara Brenner Tom Brown Kathy Sutter Robert Imhof OPEN SESSION Absent: Ward Nelson The following people addressed the Council in open session: Barbara Demorest, 3670 Haggin Rd., Bellingham: Woodlake Meadows Estate PUD (AB96 -303) Russell Weston, volunteer for MADD: Memorial Sign Ordinance (AB96 -285) Janet Parker, local president of MADD: Memorial Sign Ordinance (AB96 -285) Eileen Rick, 119 North 34th: Memorial Sign Ordinance (AB96 -285) Dorothy Gonzales, 751 Chuckanut Drive: Memorial Sign Ordinance (AB96 -285) Shanna Schaeffen, 237 Poleman Circle, Lynden: Memorial Sign Ordinance (AB96 -285) Sherilyn Wells, 1020 Geneva Street: Woodlake Meadows Estate PUD (AB 96 -303). Rita Foley, South Lake Whatcom: Memorial Sign Ordinance (AB96 -285) and Woodlake Meadows PUD (AB96 -303) Marvin Rick, 119 North 34th: Memorial Sign Ordinance (AB96 -285) Hearing no one else, Starkenburg closed the open session. CONSENT AGENDA Imhof reported for Finance and Administrative Services Committee and moved to approve all eight items. Brenner requested removal of item #5. Sutter requested removal of item #6. Motion to approve items 1, 2, 3, 4, 7, and 8 carried unanimously. Regular Council Minutes, 9/3/96, Page 1 REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AMENDMENT TO BID #95 -90 FOR THE SUPPLY OF CONCRETE CULVERT (AB96 -305) 2. RESOLUTION ESTABLISHING CRP 995013 AND APPROVAL OF AWARD OF CONTRACT TO WILSON ENGINEERING IN THE AMOUNT OF $25,820.00 (AB96 -306) RESOLUTION ESTABLISHING CRP 996012 AND APPROVAL OF AWARD OF CONTRACT TO THE LOW BIDDER, WHATCOM BUILDERS INC. IN THE AMOUNT OF $238,996.00 (AB96 -307) 4. REQUEST ESTABLISHING THE COASTAL BIKE ROUTE, BIRCH BAY, WASHINGTON, STPE - 2037(059) AND APPROVAL OF AWARD OF CONTRACT TO THE LOW BIDDER, WHATCOM BUILDERS, INC. IN THE AMOUNT OF $79,175.50 (AB96 -308) REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A "BECCA BILL WORK ORDER" (CONTRACT) AND APPROVE THE HIRING OF 1 FTE PROBATION OFFICER AND 1 FTE CLERK (AB96 -309) Discussion followed in which Dave Wareing, Executive's Office, gave an explanation regarding the hiring of the probation officer and clerk. Imhof moved approval. Motion carried 4 -2 with Brenner and Brown opposed. 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER TASK ORDER #8, #9 AND #11 OF THE NOOKSACK WATER USERS STEERING COMMITTEE (AB96 -310) Sutter moved to approve and amend the task order to eliminate on page 47: strike "data" and "data collection" and change language, page 47, B: "The purpose of this task order is to support community efforts that will provide data and community involvement relevant to Steering Committee goals. Mini - grants will be provided to groups, organization, teachers, etc. that collection as part of their pi oposal-." "...Purchase of testing equipment for monitoring eft, ts (surface o, gi ound water) rct±s; and... ". There was discussion on the motion. Motion to amend failed 1 -5 with Sutter in favor. Regular Council Minutes, 9/3/96, Page 2 Motion to approve the order carried 5 -1 with Sutter opposed. 7. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING ON THE SALE OF TAX TITLE PROPERTY, REQUEST 995 -9 (AB95 -502) S. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING ON THE SALE OF COUNTY OWNED PROPERTY, REQUEST #95 -10 (AB95- 503) PUBLIC HEARING RESOLUTION IN THE MATTER OF VACATING A PORTION OF LAWMAN ROAD IN SECTION 35, TOWNSHIP 39 NORTH, RANGE 1 EAST. W.M., FILED BY LARRY ILLMAN (AB96 -265) Ed Henken, Engineering, gave a staff report. Starkenburg opened the public hearing, and no one spoke. Starkenburg closed the public hearing. Imhof moved approval of the resolution. Motion carried unanimously. 2. RESOLUTION ORDERING AN ELECTION TO DETERMINE FORMATION OF A PARK AND RECREATION DISTRICT TO BE KNOWN AS THE LYNDEN PARK AND RECREATION DISTRICT (AB96 -291) Starkenburg opened the public hearing, and the following people spoke: Jim Kaemingk, 323 Front Street, Lynden Mayor Rick Dolgren, 255 E. Boundary Road Hearing no one else, Starkenburg closed the public hearing. Discussion followed by Council members, Mayor Kaemingk, Roger DeSpain, Whatcom County Parks Director, and Dan Gibson, Council's counsel. Imhof moved approval of the resolution. Motion carried unanimously. Regular Council Minutes, 9/3/96, Page 3 OTHER ITEMS ORDINANCE ALLOWING EXERCISE OF CONTRACT OPTIONS WITHOUT FURTHER COUNCIL REVIEW (AB96 -293) Imhof reported for Finance and Administrative Services Committee and moved approval with the following amendments: Amend line 22, packet page2, to increase $10,000 to $15,000 and increase the $25,000 to $35,000: "Contracts for professional services exceeding $600 tf3, bids exceeding $25;060fiDand all real property leases... ". Motion to amend carried unanimously. Motion to adopt the ordinance as amended carried unanimously. 2. RESOLUTION ESTABLISHING COUNTY -WIDE LOCAL PHONE SERVICE OPTION (AB96 -304) Brenner reported for Public Works and Capital Projects Committee and moved to approve and amend the resolution on packet page 80, line 6, by striking: " and add "> ". Motion to amend carried unanimously. Brown moved to insert the following language on packet page 80 prior to the on lins 3: Motion to amend carried unanimously. Brown moved to insert the following language on packet page 80 prior to the �� ....... ......... .. :$ ::..:??? isj: ii: L."::::... iC::: i:!::::::::: i':' ryry,: Y4�i::: i:::::: i::<: i.::::..,....:..:..........;4 ..... .. ..>.....:. .:....:..i.. na on line 3 . WTERAI_:;cQUv ode lbeal::Bhone:::ser�n wd1: >he1::due::j Motion to amend carried unanimously. Brenner moved approval of the resolution as amended. Motion carried unanimously. Regular Council Minutes, 9/3/96, Page 4 3. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED APPROVAL OF A PLANNED UNIT DEVELOPMENT FILED BY BLAKE AND RUTH BARRETT FOR "TEAMOUSEY FOREST" (PUD96 -0001 AND PLS96 -0001) (AB96 -301) Starkenburg reported for the Planning and Development Committee. A substitute Findings of Fact was brought forward from the committee to Council. Starkenburg also addressed the. issue of item #5 being dealt with in the substitute Findings. Dan Gibson, Council's counsel, pointed out this had been discussed in committee and that what was before Council was not new material. Starkenburg moved approval. Motion carried unanimously. 4. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED APPROVAL OF A PLANNED UNIT DEVELOPMENT FILED BY DR. YING SEK CHAN FOR "WOODLAKE MEADOWS" (PUD95 -0001 AND PLS94- 0005) (AB96 -303) Starkenburg reported for the Planning and Development Committee. He addressed the issue of the setback and the memo from Mary White, Engineering Technician, regarding vehicle issues. Gibson addressed the Council regarding the issues. Starkenburg moved to amend packet page 121, item 20, to strike: There was discussion on the motion. Motion to amend carried unanimously. Starkenburg moved to amend on packet page 119, item 5: i ai :> a Hillsdale Road Eft Lot 1 s % n l> > clZ has an existing access :::.:::::.13:. :::.:::::.a ::.:: g to Hillsdale Road. Access from the development to Haggin road (sic) shall be prohibited until the completion of Haggin road (sic) improvements, and final p! Regular Council Minutes, 9/3/96, Page 5 approval of the final phase, phase . The access point on the Haggin road (sic) shall be blocked with an earthen berm on the Haggin road (sic) side and a barrier fence exposed to the plat, but shielded from the neighborhood properties by the earthen berm." There was discussion on the motion. Motion to amend carried unanimously. Motion for approval as amended carried unanimously. (Clerk's Note: A five- minute break was taken) 5. APPOINTMENT TO THE PUBLIC ACCESS ADVISORY COMMITTEE (AB96 -252A) Starkenburg opened the nominations. Sutter nominated Naida Deitsch. Brenner nominated Lynn Barton. Brown nominated Cathy Leahy. Imhof moved to close the nominations. Deitsch and Leahy were appointed. 2 VACANCIES NAME SUTTER DAWSON IMHOF NELSON BROW N BRENN ER STARK. Lynn Marie Barton X X Naida J. Deitsch X X X X X X Cathy Leahy X X X X 6. ORDINANCE ESTABLISHING A DRUNK DRIVING VICTIM MEMORIAL SIGN PROGRAM (AB96 -285) Brenner moved the following amendments: Amend packet page 151, number 5, to read: Regular Council Minutes, 9/3/96, Page 6 instead of. "The traffic engineer shall be authorized to determine sign location, size, and when such signs need replacement. If the traffic engineers determine additional signs are a hazard, he or she has the option to put more than one name on the plaque." Discussion followed regarding the size of the signs. Ed Henken, Engineering, joined the discussion. Pete Kremen, County Executive, discussed issues regarding the ordinance. He stated that Whatcom County government needs to support the efforts of MADD and support the ordinance. Sutter suggested a friendly amendment to the size not to exceed 24 x 36 inches and determine accident sights as near as is reasonable. There was further discussion on this motion. Starkenburg moved to place the ordinance in committee for further discussion and work regarding the issues brought forward at this meeting. Motion carried unanimously. 7. ORDINANCE AMENDING WCC 2.02.010 REGARDING MEETING TIMES (AB96 -299) Imhof moved approval of the ordinance. Motion carried unanimously.. 8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN AN APPLICATION FOR A LIQUOR LICENSE FOR FACTORY OUTLET TEXACO LOCATED AT 3425 BIRCH BAY LYNDEN ROAD, CUSTER (AB96 -311) Imhof moved approval. Motion carried unanimously. Regular Council Minutes, 9/3/96, Page 7 . - .I .A . • • • 11 11111 11111 j-- ... . • • . - - I - - I moll . 1 . • . Discussion followed regarding the size of the signs. Ed Henken, Engineering, joined the discussion. Pete Kremen, County Executive, discussed issues regarding the ordinance. He stated that Whatcom County government needs to support the efforts of MADD and support the ordinance. Sutter suggested a friendly amendment to the size not to exceed 24 x 36 inches and determine accident sights as near as is reasonable. There was further discussion on this motion. Starkenburg moved to place the ordinance in committee for further discussion and work regarding the issues brought forward at this meeting. Motion carried unanimously. 7. ORDINANCE AMENDING WCC 2.02.010 REGARDING MEETING TIMES (AB96 -299) Imhof moved approval of the ordinance. Motion carried unanimously.. 8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN AN APPLICATION FOR A LIQUOR LICENSE FOR FACTORY OUTLET TEXACO LOCATED AT 3425 BIRCH BAY LYNDEN ROAD, CUSTER (AB96 -311) Imhof moved approval. Motion carried unanimously. Regular Council Minutes, 9/3/96, Page 7 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN AN APPLICATION FOR A LIQUOR LICENSE FOR BIRCH BAY RESORT PARK LOCATED AT 8080 HARBORVIEW ROAD, BLAINE (AB96 -312) Imhof moved approval. Motion carried unanimously. 10. REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO APPOINT ROBERT NEALE TO THE BOARD OF APPEALS (AB96 -313) Dawson moved approval. Motion carried unanimously. INTRODUCTION ITEMS ORDINANCE ON ROAD NAMING, ADDRESS NUMBERING, AND SIGNS (AB96 -196) 2. ORDINANCE AMENDING WCC CHAPTER 1.10 ESTABLISHING PROCEDURES FOR THE SALE OR CONVEYANCE OF COUNTY OWNED PROPERTY AND REPEAL OF WCC CHAPTER 2.27 (AB96 -302) ORDINANCE IN THE MATTER OF TRANSFERRING OWNERSHIP OF BLACK ROCK CABLE, INC. TO CABLE PLUS, L.P. (AB96 -314) 4. ORDINANCE IN THE MATTER OF TRANSFERRING OWNERSHIP OF KOK ROAD WATER ASSOCIATION TO THE CITY OF LYNDEN (AB96- 315) ORDINANCE IN THE MATTER OF TRANSFERRING OWNERSHIP OF THE NORTH LYNDEN WATER ASSOCIATION TO THE CITY OF LYNDEN (AB96 -316) 6. RESOLUTION AUTHORIZING THE SALE OF TAX TITLE PROPERTY, REQUEST #95 -9 (AB95 -502A) 7. RESOLUTION AUTHORIZING THE SALE OF COUNTY OWNED PROPERTY, REQUEST #95 -10 (AB95 -503A) Imhof moved to accept the introduction items. Regular Council Minutes, 9/3/96, Page 8 (Clerk's Note: There was no vote on the motion for acceptance) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Starkenburg announced the Canvassing Board meets Thursday, Sept. 26. Tentatively Brown be there for the morning; Brenner will do the afternoon on September 27. Imhof will be there for back up on Friday, if that day is necessary. Comprehensive Plan Review (AB96- 051D): The schedule for the Planning and Development Committee was given out. The time of the meetings were changed to 2:30 instead of 3 p.m. October 15 is the first public hearing, which will be held at 7 p.m. in the Council Chambers. Urban Growth Area Interlocal Cooperation Agreement (AB96- 042A): Starkenburg announced that all work related to this issue will be now attended to by Planning, legal and executive staffs. Custer Rezone (AB95 -025): Starkenburg also announced this work will be included in the Comp Plan. Dawson announced she will be attending a congressional hearing in Washington, D.C. regarding tribal sovereignty. Skateboard Park (AB96 -286): Brenner reported that the Public Works and Capital Projects Committee will schedule this matter for September 25 at 7 p.m. instead of September 19. ADJOURN The meeting was adjourned at 9:35 p.m. N dean Hanson, kecording Secretary These minutes were approved by the Council on nPcPmhar 10 , 1996. ATTEST: a-,kbx 8&xve_�' Dana Brown - Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Alvin Starkenburg, Acting Council C it Regular Council Minutes, 9/3/96, Page 9