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HomeMy WebLinkAboutCounty Council April 28 1992WHATCOM COUNTY COUNCIL Regular Meeting April 28, 1992 The meeting was called to order by Council Chairman Daniel M. Warner at 7 p.m. in the Council Chambers, 1000 N. Forest. Present Absent Robert Imhof None Barbara Brenner Larry Harris Marge Laidlaw Dennis Vander Yacht Ken Henderson READING AND APPROVAL OF MINUTES The minutes of the March 31, April 1, 2, 7, and 14 meetings accepted as printed with two scrivener's corrections to be made. EXECUTIVE ITEMS 1. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A CONTRACT NOT TO EXCEED $21,000 WITH CHRISTENSON ENGINEERING CORPORATION FOR CARTOGRAPHIC SERVICES FOR THE ELECTION DIVISION OF THE AUDITOR'S OFFICE (AB92- 176) Tom Sutberry, Deputy Administrator, explained the issue. Laidlaw reported for Finance and recommended approval to the Council. SHE SO MOVED WITH THE PROVISO THE DEPARTMENT LOOK FOR MONEY IN ITS OWN BUDGET RATHER THAN RETURN FOR A SUPPLEMENTAL. The motion carried. 2. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A CONTRACT WITH RECOVERY NORTHWEST FOR SUBSTANCE ABUSE SERVICES FOR $91,010.20 (AB92 -181) . Laidlaw reported for Finance and recommended approval to the Council. SHE SO MOVED. Agenda, April 28, 1992, Page 1 The motion carried unanimously. Brenner and Henderson said the City is getting a big benefit from this program and are not contributing to it. 3. REQUEST FOR- AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A CONTRACT WITH NORTH WASHINGTON COLLECTIONS TO PROVIDE SERVICES TO COUNTY DEPARTMENT (AB92 -182) Laidlaw reported for Finance and requested this be held in committee. 4. BID AWARD FOR THE PURCHASE OF HOT ASPHALT PATCHING UNIT TO THE LOWEST RESPONSIVE BIDDER, SAHLBERG EQUIPMENT FOR $40,822.35 (AB92 -183) Laidlaw reported for Finance and recommended approval to the Council. SHE SO MOVED. The motion carried unanimously. 5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT WITH DELTA FINANCIAL SERVICES FOR SPACE IN THE LAKEWAY BUILDING USED BY DEVELOPMENTAL DISABILITIES DEPARTMENT AT A RATE OF $850 PER MONTH (AB92 -180) Laidlaw reported for Finance and recommended approval to the Council. SHE SO MOVED. The motion carried unanimously. Henderson said the building does not entirely meet the disabled requirements and the County in the future could look at this feature. 6. NEW APPLICATION FOR A CLASS D LIQUOR LICENSE BY PAMELA JANE MAGEE AND FRANKLIN MAGEE FOR DAKOTA CREEK GOLF AND COUNTRY CLUB, CUSTER (AB92 -184) IMHOF MOVED THE APPLICATION BE APPROVED. The motion carried unananimously. Agenda, April 28, 1992, Page 2 7. EXECUTIVE'S REPORT There was no report. OPEN SESSION Frank Winslow, 433 -17th Street: Said there was a stonewalling of the people of the Council of Aging against the Functionally Disabilities portion. Whatcom County does not have adequate representation. He opposed the County Executive being on that Council as she does not represent the legislative body. Brenner asked if an alternate could-be appointed. This will be looked into. Winslow stated that a bureaucrat should not represent the people. Lisa Watkins, Legislative intern in Olympia: Said she had spoken to a lot of geologists in Olympia. She said aquifer recharge areas are in the same location as the sand and gravel areas. The most abundant deposits have bottomed out and the state is looking to different counties for new supplies. She urged the Council to stand firm on its regulations. Henry Cagey, Lummi Tribe, 2616 Kwina Road: He recommended the passage of the reduction of the speed limit on Haxton Way. He also spoke of the dangers on Lummi Shore Road. He said they are currently working with the County to fix this road. Harriet Beale, Lummi Water Resource Specialist on this issue: The shoreline erosion is causing problems in some areas, but there is more danger from the development in this area. She said there are public safety problems that need to be investigated. Georgette Webster, address unknown: The mineral resources issue is so very complex that it took 90 minutes of discussion earlier in Planning and Development Committee. She urged the Council to go slow and do this in a quality way; she said she is pro -ag and pro - water. Marianne Sweeney, 3079 Halverstick Road: She has heard of the shortfall of gravel but is more concerned about the shortfall of ag land and water. She urged looking for a substitute for gravel. Stan Elenbaas, Nooksack area: He said the water associations in his area are very concerned about the water quality if more gravel is mined. The open session was closed. HEARINGS 1. ORDINANCE REDUCING THE SPEED LIMIT ON HAXTON WAY Agenda, April 28, 1992, Page 3 (AB92 -167) Jeff Monsen, Traffic Engineer, said there was a request from the tribal nation to reduce this limit. Laidlaw asked why the change was just five miles an hour? Monsen agreed this will cause a problem of enforcement. The public hearing was opened. - Jeff Gilmour, Fire Chief in that area: He said he has no problem with the speed limit being at 50 mph. Bud Jewell, President of Lummi Island Community Club: He drives the road often and said the recent deaths occurred in a 35 mph zone. Alcohol, ice, snow and trying to miss dogs seem to have been the cause of recent accidents and had nothing to do with the speed limit. He said five miles an hour will make very little difference in the number of accidents. He thinks we could do something significant by reducing the speed limit from 50 to 35 mph at the Kwina intersection, by setting back the utility pole, and by doing some clearing close to the area. He said two accidents involved pedestrians at this point. The public hearing was closed. Laidlaw moved this be referred to Public Services for further review. The motion carried unanimously. 2. ORDINANCE CLOSING LUMMI SHORE ROAD TO ALL TRAFFIC (AB92 -168) Jeff Monsen, Traffic Engineer, explained this issue. He said the tribe and County are trying to put together a program to repair this road. The tribe may be able to access federal funding that no -one else could. Ed Henken, County Engineer, discussed the impact on Ferndale school district. He said he has spoken to their representative and they are understanding of the need for thus. Items discussed were: Obtaining land from the Lummi Tribe to widen this road; negotiation underway to achieve this goal; current agreements are positive. Comments were made by: Harris, Monsen, Henderson. The public hearing was opened. Agenda, April 28, 1992, Page 4 The testimony of Henry Cagey and Harriet Beale during open session will be considered as part of this hearing as they had to leave for another meeting. Darlene Vastin, "Rays Violin Shop ": She has a business and is being severely impacted. Mike Bezona, Lummi Shore Road: Has children who will be impacted because of the closure. His concern is for safety of residents who use the road. He suggested the road could be repositioned away from the water. If this was closed, the traffic would have to go by Haxton Way. Lummi Shore is a dangerous road and needs to be closed. Phil Elgin, Shorewood Lane: Lummi Shore Drive is not closed as is; he counted 2 cars a minute on the weekend. He said it needs to totally closed at one end or the other. He suggested a meeting in the area would have been better. Marty Treacker, Fire Commissioner, District 13: There seems to be a misunderstanding of what needs to be closed. He said he wonders of the liability if the Fire District travels on a road that is closed. He said it will cost millions of dollars to solve the erosion problem. The public hearing was closed. 1�1�7fi�.�/�C�1/i �M�l lllaf.' i�7��71��►C��i:��I_ \�7�7�II�I�a Items discussed were: The placement of the signs; impacts on business (businesses could erect signs saying how drivers could reach their business); goal to provide public safety; minimises the number of unfamiliar drivers; reduces the county liability; moving signs closer to the damaged area; traffic goes through a housing development; placement of barriers; enforcement of signs; access for school busses; fire vehicles; emergency vehicles. Comments were made by: Warner; Henken; Monsen; Brenner; Carmichael; Laidlaw; Henderson; Vander Yacht. HARRIS MOVED TO REFER THIS TO THE PUBLIC SERVICES COMMITTEE. Warner spoke against the motion. Henderson said he preferred to have it closed to through traffic. The motion failed 6 -1 with Harris voting in favor. The motion to adopt the ordinance carried unanimously. 3. ORDINANCE REGARDING THE ANNEXATION OF CERTAIN PROPERTIES Agenda, April 28, 1992, Page 5 NEAR SILVER LAKE INTO FIRE PROTECTION DISTRICT 14 (AB92 -200D) The public hearing was opened. Hearing no comment, the hearing was closed. IMHOF MOVED TO ADOPT ORDINANCE. The motion was carried unanimously. OTHER ITEMS 1. GROWTH MANAGEMENT ACT: ORDINANCE AMENDING THE COUNTY COMPREHENSIVE PLAN TO CLASSIFY, DESIGNATE, AND PROTECT MINERAL RESOURCE LAND ON AN INTERIM BASIS (PLANNING FILE REF. 14 -91 CZM) (AB92 -100) 2. GROWTH MANAGEMENT ACT: ORDINANCE AMENDING THE OFFICIAL ZONING ORDINANCE, TITLE 20, CREATING TWO NEW SECTIONS: WHATCOM COUNTY CODE 20.73, MINERAL RESOURCE AREAS (1) SPECIAL DISTRICT, (MRA -1); AND WCC 20.74, MINERAL RESOURCE AREAS (2) SPECIAL DISTRICT (MRA -2) ^&I- IIVG RLE PER 14-91 CZM) (AB92 -105) Henderson reported for Planning and Development and said this issue was discussed at length. It was recommended the ordinance be directed back to staff for a rewrite to re- define the MRA1 areas as an existing use by DNR and eliminate the MRA2 designation. HE SO MOVED. Imhof asked about rivers; he said it must be referenced as a resource. He said there are scalping permits out at this time. IMHOF MOVED TO AMEND THE HENDERSON MOTION TO ASK THE STAFF TO CONSIDER RIVER GRAVEL EXTRACTION AS PART OF THE MRA1 ZONING. Warner asked whether the MRAI areas have pits that have not been developed; Henderson said they do. Jeff Griffin, Planning, said the river gravel extraction can be referenced. The Imhof motion to amend carried unanimously. Items discussed were: the need for a rezone to designate further MRA1 zones; conditional uses for road impacts, noise and hours of operations; vehicular traffic on the roadways; local control; moratorium; pits of less than three acres are under local control; Agenda, April 28, 1992, Page 6 regulations to control critical aquifer areas pursuant to the Growth Management Act; Comments were made by: Griffin; Warner; Carmichael; Brenner Brenner said she would like to send this back to the state to ask for local control. BRENNER MOVED AN AMENDMENT TO THE MOTION TO SEND A VERY STRONG LETTER TO THE DNR, GOVERNOR AND THE REPRESENTATIVES. Brenner rescinded the motion The Henderson motion carried unanimously. BRENNER MOVED THAT THE COUNCIL SEND A LETTER TO DNR, THE GOVERNOR, AND THE STATE LEGISLATORS, SAYING WE VERY STRONGLY WANT LOCAL CONTROL. Vander Yacht said it is more productive to persuade people like DNR by trying to improve their operation. Warner said he would want to know what that entailed. Brenner withdrew her motion WARNER SAID HE MOVED TO WRITE A LETTER TO THE EXECUTIVE TO ASK STAFF TO ANALYZE THE COST OF ACQUIRING LOCAL CONTROL OF MINERAL RESOURCES. Jeff Griffin said DNR has a person to monitor several counties. The motion failed with Vander Yacht, Harris, Laidlaw and Imhof against. 3. ORDINANCE REGARDING THE REQUIREMENT FOR LAND TO BE IN A FIRE DISTRICT BEFORE A BUILDING PERMIT WILL BE GRANTED (AB91 -200A) (SEE ALSO AB91 -200B, RESOLUTION URGING ANNEXATIONS) Henderson reported for Planning and Development and said the recommendation that this be held in committee. 4. ORDINANCE RENAMING THE LARRY MOUNT REVOLVING FUND TO THE COUNTY SHERIFF REVOLVING FUND (AB92 -166) (FINANCE) Laidlaw reported for Finance and recommended adoption Agenda, April 28, 1992, Page 7 SHE SO MOVED. The motion carried unanimously. 5. LAKE WHATCOM CONNECTOR STUDY:- POSSIBLE RECOMMENDATION TO COUNCIL FROM PUBLIC SERVICES (AB91- 365A) IMHOF MOVED THE FOLLOWING RECOMMENDATIONS: 1. RECLASSIFICATION OF LAKE WHATCOM BOULEVARD DOWN AND LAKE LOUISE ROAD UP; 2. CONTINUE THE SAFETY IMPROVEMENTS ON LAKE WHATCOM BOULEVARD AS BUDGETED; AND 3. BUDGET $50,000 FROM LINE ITEM 8 AND CREATE A NEW LINE ITEM 27 FOR PRELIMINARY ENGINEERING AND RIGHT -OF -WAY ACQUISITION FOR IMPROVEMENTS TO LAKE LOUISE ROAD. Harris said he is against the above because it will still bottleneck on Lakeway and will be a short-term solution. Imhof disagreed and said this would take care of the problem in the near future. Harris offered a southern route that is sixteen miles as opposed to the nine mile route that is currently used. He said it would allow faster movement and would not take any longer to reach Bellingham.. He asked that staff look at this as a recommendation. The complete southern route would cost $21 million. Henderson said that by passing the committee recommendation he does not see that we will not have to pursue the long -term as well. The Imhof motion was unanimously approved. 6. EMERGENCY ORDINANCE ESTABLISHING NO PARKING ON LUMMI VIEW DRIVE EXCEPT WHEN AUTHORIZED BY A COUNTY - ISSUED PERMIT WHEN THE WHATCOM CHIEF IS OUT OF SERVICE (AB92 -186) Imhof reported for Public Service Committee to recommend approval to Council. HE SO MOVED. The motion carried unanimously. 7. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION ON CU45 -91, FILED BY MARR (AB92 -112) Agenda, April 28, 1992, Page 8 This was not acted upon as the response was not received in a timely manner. "kel Pi • 1. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION, FILED BY -KIRK HENDERSON (PLACED ON FILE PENDING RECEIPT OF TRANSCRIPT) (AB92 -206) 2. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON CU 53 -91, FILED BY STORTEBOOM (AB92 -174) 3. RECEIPT OF APPEAL OF HEARING EXAMINER'S RECOMMENDATION ON A PORTION OF LMD 1 -92, LAKE MANAGEMENT DISTRICT, FILED BY EARLE (AB92 -179) 4. RESOLUTION REGARDING MEMBERSHIP OF FLOOD CONTROL ADVISORY COMMITTEE (AB92- (ACTION TO BE TAKEN BY THE BOARD OF SUPERVISORS, COUNTY -WIDE FLOOD CONTROL ZONE DISTRICT, ON MAY 12) 5. ORDINANCE AMENDING THE PARK FUND BUDGET (AB92 -130A) 6. ORDINANCE ESTABLISHING A STOP SIGN ON GROVE ROAD (AB92- 185) Items 1 -6 were received and will be forwarded for the appropriate action. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Blue Canyon Helicopter Ride (AB92 -104): Henderson said that Vander Yacht has agreed to go on this review of the logging cut. Carmichael Going -Away Party: Thursday, April 30, 3:00 - 4:30 p.m. Request to Hire Carmichael on Contract: LAIDLAW MOVED TO REQUEST THE PROSECUTOR TO CONTRACT WITH CARMICHAEL TO ASSIST THE COUNCIL WITH ITS GROWTH MANAGEMENT PROCESS IN THE NEXT FEW MONTHS. The motion carried unanimously. Whatcom Transportation Authority Planning Process: Laidlaw said there will be a meeting at Shuksan tomorrow night. Agenda, April 28, 1992, Page 9 Fourth Corner Development Letter: Laidlaw noted a letter from David Bell, Fourth Corner. LAIDLAW MOVED THE CHAIR WRITE A LETTER TO ASK FOURTH CORNER DEVELOPMENT TO ENCOURAGE SMALL BUSINESSES SUCH AS COTTAGE INDUSTRIES. The motion carried i,nanimously. Point Roberts Jail: Brenner went with Brandland to see the jail and was appalled. She said they need more housing. Housing Block Grant (AB91 -246): Harris said the Planning Director was sad the block grant had to be abandoned and hopes it will go ahead next year. Land Swap (AB91 -249): Henderson said the County will be expected to provide $550,000 for the land swap for the lands around Lake Whatcom and Larrabee Park. . New Phones: Bob Woods, Budget and Program Analyst, said the new phones will be installed soon. The meeting adjourned at 9:40 p.m. ATTEST: �n Barbara Maher, Deputy Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Daniel M. Warner, Chairman Agenda, April 28, 1992, Page 10