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HomeMy WebLinkAboutCounty Council November 10 19921 WHATCOM COUNTY COUNCIL 2 Regular Meeting 3 November 10, 1992 4 The meeting was called to order at 7 p.m, in the Council Chambers, 1000 N. 5 Forest, 2nd flour, by Dan Warner, Chairman. 6 Present: Absent: 7 Barbara Bremier 8 Larry Harris 9 Ken Henderson 10 Bob Imhof 11 Marge Laidlaw 12 Dennis Vander Yacht 14 The minutes were approved with one change to the minutes from the October 13, 1992 15 meeting. Page 8, Lane 23 should read "has... rewi4tten �f< ..; for...." J ► llzI 17 1. JIM ZERVAS DISCUSSION OF THE RURAL URBAN DESIGN 18 ASSISTANCE TEAM (R /UDAT) WORKSHOP TO BE HELD 19 NOVEMBER 20 -23 (AB92 -440) 20 Topics Discussed: History of the Rural Urban Design Assistance Team; 21 Application of the workshop; The work of the R/UDA f team members; The November 22 20th workshop; The Monday November 22 presentation at the Leopold; the focus on the 23 Civic Center; Sources of donations. 24 Speakers: Jim Zervas, R /UDAT; Laidlaw; Brenner. 25 EXECUTIVE ITEMS 26 Tom Sutberry, Deputy Administrator, introduced the Executive items. 27 1. BID AWARD RECOMMENDATION TO MULTIPLE BIDDERS FOR 28 THE SUPPLY OF ASPHALTIC MIXES FOR ROAD MAINTENANCE 29 AND REPAIR AT THE LOWEST COST, IN QUANTITIES, FOR 30 WORK DURING 1993 (AB92 -435) ';31 Laidlaw reported for Finance and recommended approval. 32 SHE SO MOVED. 0 Tl,e motion carried unanimously. 2 2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO 3 ENTER INTO A CONTRACT FOR PROFESSIONAL ENGINEERING 4 SERVICES FOR THE DESIGN OF TIE WICKER-SHAM ROAD 5 BRIDGE WITH ANDERSEN BJORNSTAD KANE JACOBS, INC. 6 (AHKJ) FOR $53,029 (AB92=436) 7 Laidlaw reports,,. for Finance and recommended approval. SHE SO MOVED. 9 The motion carried unanimously. 10 3. NEW APPLICATION FOR A CLASS C -D LIQUOR LICENSE FOR 11 TRADE WINDS CAFE, 5896 GUIDE MERIDIAN STREET, 12 BELLINGI-LAM, WA 98226 BY TIMOTHY MICHAEL JONES AND 13 VICKI SUE JONES (AB92 -433) 14 Imhof reported for Public Service and recommended approval. .-) HE SO MOVED. 16 The motion carried unanimously. 17 4. NEW APPLICATION FOR A CLASS D LIQUOR LICENSE FOR 18 STEVE'S BILLIARD ROOM, 8191 GUIDE MERIDIAN #323, 19 LYNDEN, WA. 98264, BY STEVEN ROBERT VILLEGAS AND 20 TONYA LEE VILLEGAS (AB92434) 21 Imhof reported for Public Service and recommended approval. 22 HE SO MOVED. 23 Motion carried unanimously. 24 Sutberry handed out the Road Construction Progress Report (AB91 -410). 25 OTHER BUSINESS 26 Warner introduced the topic of the proposed County re- organization by detailing 17 his conversation earlier in the afternoon with County Executive Shirley Van Zanten. Council Minutes, 11/10/92, Page 2 0 1 WARNER MOVED THAT THE COUNCIL AFFIRMS ITS IMMEDIATE 2 INTEREST IN PURSUING A FIRST PHASE OF RESTRUC'I URING THE 3 INTERNAL ORGANIZATION OF COUNTY GOVERNMENT, SPECIFICALLY 4 PLANNING, PERMITTING, ROADS, ENGINEERING AND ENFORCE, NIENT 5 ISSUES, ET.ALa, AS IS CONTAINED IN �:ONCEPT IN THE PROPOSED 6 ORDINANCE DRAFTED FOR THIS PURPOSE; 7 THAT THE COUNCIL THANKS THE EXECUTIVE FOR HER OFFER TO 8 SET UP A TEAM kPFROACH TO EXAMINE THE IMPLICATIONS AND 9 IMPL.EMENTATIt- T.OF THIS CONCEPT, AND WILL DESIGNATE A COUNCIL 10 REPRESENTATIVE OR TWO TO SERVE WITH OTHERS ON THE TEAM; 11 THAT TIME TS OF THE ESSENCE EXPLORATION OF THE CONCEPT 12 AND IMPLEMENTATION; WE WOULD EXPECT TO HAVE A COMPLETED 13 PLAN BY DECEMBER 15, FOR INTRODUCTION OF AN ORDINANCE ON THAT 14 DA'I'S; 15 THAT ANY RESTRUCTURING SHOULD TAKE INTO ACCOUNT NOT 16 ONLY THE CRITICAL NEED TO PROVIDE BETTER SERVICE TO THE PUBLIC 17 WITHOUT INCREASED TAXATION, OSE WSLFARS WE ARE ACUTELY 18 AFFECTED EMPLOYEES, 19 SENSITIVE. 20 The Council discussed prior interactions and experiences in dealing with the 21 Executive, options available, and problems that can occur with restructuring. 22 LAIDLAW MOVED TO CHANGE ,1 IN PARAGRAPH 2 OF � 23 WARNERS MOTION TO PROPOSED ORDINANCE 24 Warner accepted it as a friendly amendment. 25 LAIDLAW MOVED TO DELETE RA E" PT AND 26 1�EM N 'I`1[. OF THE P� ►41`` FROM PARAGRAPH 3 AND REPLACE IT 27 WITH njE DEV P'MENT OF AN ORRIN N. TS IMPL MEND ATION. 28 Warner accepted it as a friendly amendment. 29 Discussion continued. 30 Brenner suggested having a public hearing on the ordinance. Vander Yacht 31 stated that he does not feel comfortable setting a date without first discussing the date 32 with the Executive. Warner responded that she had indicated that a date would be 33 appropriate, but this specific date had not been discussed with her. Brenner stated that 34 she has been trying to talk to employees for months and has been denied access. She 35 once again stated that she would like to have a public hearing on the ordinance. Vander 36 Yacht expressed concern about the ramifications on the County employees and the 37 destruction that could occur by mishandling. Henderson stated that the plan as laid out Council Minutes, 11/10/92, Page 3 0 0 1 in the proposal will be accepted positively by the employees of the County, especially 2 when they are functioning in a structure that allows them to do their jobs better. He 3 stressed the need to have a deadline rather than leaving the issue in limbo. 4 Imhof stated that he likes the team ?pproach if the union people are involved and 5 union negotiations are part of the process. Henderson responded that now is the time to 6 do this. He listed the various elements that fit together now including the upcoming 7 union negotiations and the move to Nor -Bell. Brenner asked about repercussions if 8 December 15 comm( and goes without an agreement, and again suggested a hearing. 9 Harris stated that he could support the motion if a :firm date is set and if significant 10 importance is placed on the tears. He would not support until he knows who will make 11 up the team. 12 Randy Watts, Chief Civil Deputy Prosecutor, stated that the Council will need to 13 keep in mind the open meetings act. Watch how the team is chosen; don't have people 14 from the same committee or a majority of Council members on the team. Warner 15 responded that it was expected to appoint Bob Woods, Budget and Program Analyst, and 16 one member of the Council. 17 Sutberry stated that communication needs to be kept open between the Council 18 and the Executive. He agrees with setting a date, though he thinks that December 15 is 19 too soon. He stated that he only sees cooperation of the Executive in bringing this issue 20 to a conclusion. 21 Laidlaw would like to see something happen as soon as possible. 22 Henderson suggested that the problems found by the team and the options for the 23 solutions be presented at the same time. 24 Brenner once again stated that she wants a public hearing held before the 25 deadline. 26 13RENNER MOVED TO AMEND WARNER'S MOTION TO READ THAT 27 THE COUNCIL WILL HOLD A PUBLIC HEARING ON THE PRESENT EXISTING 28 PROPOSED ORDINANCE BEFORE THE DECEMBER 15 DEADLINE TO GET 29 INPUT FROM COUNTY EMPLOYEES AND THE PUBLIC TO HAVE A BACK UP 30 IN CASE THE EXECUTIVE DOES NOT COME FORWARD WITH REQUESTED 31 INFORMATION BY THAT DATE. 32 The motion failed, 1 -6 with Brenner for. 33 34 Warner's motion carried 6 -1 with Brenner against. 35 Discussion of team members will take place later in the meeting. Council Minutes, 11/10/92, Page 4 1 OPEN SESSION 2 Rita Foley (AB92- 3111), 3878 Blue Canyon Rd.: Discussed the make Whatcom 3 watershed and zoning. She is being persecuted, vandalized, and harassed by one of the 4 County Depaetments (Building and Codes) She stated that she would like to throw them 5 into the toilet and flush them down. 6 Rhonda B_reault, 4552 Anderson Rd. #2 Discussed a letter she had delivered to 7 the Council office + riier (AB92- 473). She is being intimidated and harassed by an 8 investment company from B.C. and came to the meeting to ask the Council for help. 9 Her landlord has evicted her and ordered her to remove her trailer from his land. She 10 stated that she cannot find an alternate space or finance a move at this time. 11 Warner asked that she leave a summary of her situation with the clerk, and the 12 Council will forward it to the appropriate social service agency. 13 Art Castle (AB92- 391B), 1301 Meadow Dr.: Commented on the proposed re- 14 organization and Dopes to work with the process in a positive way. 15 Frank James (AB92.391B), County Health Officer: Encouraged the Council to 16 address specific issues in the re- organization. He is willing to help with ideas. The 17 process needs to be an open and personal one. He supports a Human Services 18 Department and spoke to the efficiency process. He stated that he supports the 19 centralized accounting idea. He does not feel that this will save any money or that 20 anyone will lose their job. A public process with specific goals can be a very positive 21 thing. He does not agree with the way that the reorganization was presented to the 22 employees, suggesting that some sort of apology is in. order to those who have suffered. 23 Warner and Brenner commented. 24 John Sitkin (AB92 -417), 119A Grand. Ave.: Spoke to the ordinance amending the 25 Birch Bay- Blaine Subarea Comprehensive Plan and the Official Whatcom County Zoning 26 Map. He wanted to clarify that there will be water and sewer available in the near future 27 for the six acre parcel. 28 Eric Howell (AB92406A), Bay Rd.: Spoke to the Teddy Bear Cove Ordinance. 29 He stated that he should be able to take his family to any public park without fearing 30 people running around in the nude. 31 Laidlaw and Brenner commented that the media only reported some of the 32 reasons given for the previous vote. 33 Sam Ryan (AB92- 391B), 2723 Cedarwood Ave.: Works for Building and Codes. 34 Spoke to the re- organization, requested a transition period for the department, detailed Council Minutes, 11/10/92, Page 5 0 0 1 strong support for the staff in the department, recognized that there are problems, 2 pointed out that 3 solutions are being sought, and stated that she does not agree with the drastic approach 4 of this ordinance. 5 Warner responded that harming the employees was not the intention of this 6 ordinance, that the Council has a real concern for the welfare of the employees, and that 7 the transition perir 4 was something that would have to be worked out in the process. 8 Henderson commented that Council is not faulting the people working for 9 Building and Codes, it's the process. 10 Ravyn Whitewnir (Aa92- 391B), 3221 Bay Rd.: Works for Public Works. Offered 11 support for the management of Engineering and asked that the Team include some of 12 the employees, not just management. 13 Open session closed. 14 HEARINGS 15 1. PETITION FOR THE VACATION OF A PORTION OF NORTH 16 STREET..., FILED BY NORMAN (AB92 -385) 17 Warner opened the Public Hearing. 18 Frank Norman, 4618 First St.: Stated that they will be charged $13,000 for this 19 vacation. He is requesting that the vacation be granted at no charge. If there will be a 20 charge, he asked that the vacation be amended to read that portions of the alley and 21 road adjacent to each parcel, be vacated when the property owner is able to come up 22 with his /her portion of the total cost. 23 Warner closed the public hearing. 24 Imhof discussed the recommendation from Engineering which strongly object to 25 the vacation of North Street; however, they could concur with the vacation of the alley. 26 IMHOF MOVED TO DENY THE VACATION OF NORTH STREET, BUT 27 TO ALLOW THE VACATION OF THE ALLEY. 28 There was discussion of utility easements. 29 BRENNER OFFERED A FRIENDLY AMENDMENT TO IMHOF'S MOTION, 30 ADDING THAT A PORTION OF THE ALLEY BE RETAINED AS AN UTILITY Council Minutes, 11/10/92, Page 6 1 EASEMENT. 2 There was discussion on Brenner's amendment. 3 Imhof did not accept Brenner's friendly amendment. 4 Imhofs motion carried 6 -1, with Henderson against. 5 BRENNER MOVED TO VACATE NORTH STREET AT A COST OF 6 APPROXIMATELY ...,0800 DOLLARS. 7 The motion failed 1-6, with Brenner in favor. 9 1. DECISION ON APPEAL OF HEARING EXAMINER'S 10 DECISION... SCHNAUZER'S CROSSING, FILED BY VERMONT AND 11 DONNA. MCA.LLISTER (A B92 -366) 12 BRENNER MOVED TO OVERTURN THE HEARING EXAMINER'S 13 DECISION. A There was discussion on the additional traffic flow in the area due to the 15 detached room. Because of the convoluted twisting of this issue with its appeals and 16 appeals to the appeals, Laidlaw stated that she would like to send this back to the 17 Hearing Examiner and have him straighten this out, start over. Watts explained some 18 problems with the wording of Brenner's motion. 19 Brenner withdrew her motion. 20 HARRIS MOVED TO UPHOLD THE HEARING EXAMINER'S DECISION. 21 The motion carried 4.3, with Imhof, Vander Yacht and Brenner against. 22 2. REQUEST TO AMEND THE CHERRY POINT - FERNDALE 23 SUBAREA COMP PLAN AND OFFICIAL WC ZONING MAP FOR 24 APPROXIMATELY ONE ACRE IN SECTION 28, TOWNSHIP 39 25 NORTH, RANGE 2 EAST, FROM RURAL RESIDENTIAL ONE PER 26 ACRE TO URBAN RESIDENTIAL FOUR PER ACRE (AB92 -418) 27 Henderson reported for Planning and recommended denial of the request for the 28 rezone. HE SO MOVED. Council Minutes, 11/10/92, Page 7 0 0 The motion carried unanimously. 2 3. ORDINANCE AMENDING THE BIRCH BAY- BLAINE SUBAREA 3 COMPREHENSIVE PLAN AND THE OFFICIAL WHATCOM 4 COUNTY ZONING MAP FOR APPROXIMATELY SIX ACRES 5 KNOWN AS 1077S 1, 20 AND 3, BIS HOP'S ACRES SHORT PLAT, 6 SECTION 19, TOWNSHIP 40 NORM RANGE 1 EAST FROM i URBAN RESIDENTIAL FOUR PER ACRE TO GENERAL S COMMERCT ^,L (AB92 -417) 9 Henderson reported for Planning and recommended approval. 10 HE SO MOVED. 11 There was discussion on the motion. 12 Motion carried 6 -1, with Imhof opposed. 13 4. RESOLUTION ADOPTING RECOMMENDATIONS OS 1992 G -Q 14 OPEN SPACE /TIMBER AND OPEN SPACE /OPEN SPACE 15 APPLICATIONS (AB92 -413) 16 Henderson reported for Planning and recommended affirming the Planning 17 Commission's recommendations on the open space applications. 18 HE SO MOVED. 19 The motion carried unanimously. 20 5. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY 21 CODE CHAPTER 20.42.300 LOT CLUSTERING AND RESERVE 22 TRACT -RURAL FORESTRY AND CHAP'T'ER 20.97 DEFINITIONS 23 (AB92 -402) 24 This was held in Planning Committee 25 6. DISCUSSION AND POSSIBLE ACTION ON THE APPLICATION TO 26 CLEARCUT MOST OF THE REMAINING OLD- GROWTH FOREST 27 IN THE ARLECHO CREEK BASIN (A.B92 -399) 28 Henderson reported for Planning and recommended that the Council Chair write 29 a letter to the Department of Natural Resources with a copy sent to Golden Phoenix and 30 the state Legislature, both present and elect, addressing concerns brought up in 31 Committee. Council Minutes, 11/10/92, Page 8 0 HE SO MOVED. 2 Brenner made a friendly amendment to Henderson motion to also send a copy of 3 the letter to the Commissioner of Public Lands elect. 4 Henderson accepted the friendly amendment. 5 Laidlaw asked how this recommendation matched what the `IWbes and citizens 6 had requested of t - Council at a recent meeting, including the request for an E.I.S, 7 The general response was that those specifics were premature. 8 The motion carried unanimously. 9 7. MAJOR DEVELOPMENT PERMIT AMENDMENT APPLICATION OF 10 SOUND PACIFIC RESOURCES AND BEACHWOOD COMMUNITY 11 ASSOCIATION (MDP92 -1) (AB92 -432) 12 Henderson reported for Planning and recommended referring this matter to the 13 Planning Commission. 14 HE SO MOVED. 15 The motion carried unanimously. 16 8. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO 17 ENTERPRISE ESTATES WATER ASSOCIATION FOR A PERIOD OF 18 25 YEARS PURSUANT TO STATE LAW AND SECTION 9.30 OF THE 19 WHATCOM COUNTY HOME RULE CHAIRTER, TO OPERATE AND 20 MAINTAIN WATER MAINS AND WATER DISTRIBUTION LINES 21 ALONG CERTAIN ROADS WITHIN THE UNINCORPORATED 22 AREAS OF WHATCOM COUNTY (AB92 -397) 23 Imhof reported for Public Service and recommended approval. 24 HE SO MOVED. 25 Motion carried unanimously. 26 9. INTERLOCAL AGREEMENT WITH THE LUMMI INDIAN 27 BUSINESS COUNCIL FOR IMPROVEMENTS ON LUMMI SHORE 28 ROAD (AB92 -405) 29 Imhof reported for Public Service and recommended approval. Council Minutes, 11/10/92, Page 9 2 3 4 5 6 7 8 W HE SO MOVED 1berz was discussion on the -motion. Topics discussed included: The major elements of this agreement; cooperation between the County and the Lumrni Indian,. Speakers: Jeff Monsen, Maintenance and Operations Superintendent; Daniel Rass, Attorney for the Lamm! Indians. The motion carried unanimously. 9 1. ORDINANCE AMENDING A 1974 COUNTY COMMISSIONERS' 10 RESOLUTION REGARDING PATHS AND TRAILS FUND NO. 131 12 2. ORDINANCE REORGANIZING WHATCOM COUNTY 13 GOVERNMENT THROUGH REPEAL OF CERTAIN EXISTING 14 DEPARTMENTS CREATION OF NEW DEPARTMENTS, AND 15 ESTABLISHMEI"'I OF FUND AND COUNCIL (AB92 -391B) 16 3. ORDINANCE ESTABLISHING FEES TO COVER THE 17 ADMINISTRATION OF OPEN BURN PERMITS (AB92 -437) 18 4. ORDINANCE AMENDING THE LYNDEN NOOKSACK 'VALLEY 19 SUBAREA COMP PLAN MAP AND THE O) FFICIAL WC ZONING 20 COMMERCIAL C) F RESIDENTIAL 0 RURAL CRE�SITE (AB92 439) 21 ( 22 ADDENpU__9 TO ITEMS FOR INTRODUCTION 23 5. ORDINANCE ESTABLISHING 1993 HEALTH DEPARTMENT FEES 24 (AB92 -391C) (HEARING TO BE SCHEDULED FOR NOVEMBER 24) 26 6. ((HEARINGCTO BE SCHEDULED FOR NOVEMBER( 92 -442) 27 REPORTS ANU UTHEK IT1 MA MMIX a.-11% Alu 1.A44e1 . ■,,.. ■�� 28 Election canvassing: Canvassing the election was discussed. Shirley Forslof stated 29 that she hopes the canvassing would not take a full 16 hours. She prefers to have only 30 one Council Member for the full 16 hour commitment. It was decided that the 31 canvassing schedule would have to be broken up as follows: 32 Monday, 9 a.m. to noon: Imhof 33 Monday, noon to 2:30: Vander Yacht 34 Tuesday, 9 a.m. to noon: Brenner 35 Tuesday, noon to 2 :30: Henderson 36 County -wide Policies (92 -080): Warner reviewed the Growth Management Policies 37 meetings. Council Minutes, 11/10/92, Page 10 W 1W 1 Reorpnization (AI392- 391B): The reorganization team was discussed. Bob Woods 2 and Dan Warner were appointed, to be the team members for the Council; Laidlaw will 3 attend as she is available and will serve as alternate. 4 Asphalt Paving Award: Henderson noted that the County received the Western c Washi ©gton Asphalt Paving Award [or 1991. Gary Goodall, Design Engineer, is the 6 actual redpiezzt. )3d TIen explained how the Berson and project are chosen for this 7 award. 8 Budggeet (AB92- 391A): Laidlaw announced that Finance had made it through all its 9 recommendations so there would be no additional budget meetings. 10 Ove .pl Ecorti. .ale Development Plan (AB92 -086): Laidlaw said the Overall 11 Economic Development Plan (OEDP) has again extended its deadline for public input 12 on infrastructure grant money. 13 ISTEA (AB92- 330Laidlaw announced that the County qualifies for $540,000 14 worth of projects under ISTEA. 15 Sound Systems New Council Chambers (AB92- 078): Brenner spoke about a letter 16 received from dim Dickinson regarding the poor quality of the proposed sound sysiem in 17 the Courthouse Addition. Laidlaw sai she would put this in the form of a request to be 18 presented at a oint meeting of the Capital Projects Committee and the Executive 19 alreadv scheduled for the first week in December. 20 Mandatory Defensive Driving Courses: Brenner spoke about a letter from Don 21 Porterfield who is requesting the County support a request to the State mandating 22 defensive driving courses for people when they first get their licenses and when they 23 renew their licenses. Laidlaw- suggested Brenner arrange for Porterfield to meet with the 24 Criminal Justice Working Group to see of they choose to bring something forward to 25 Council. Brenner agreed. 26 Pt. Roberts Advisory Committee (AB92 -241: Brenner spoke about a letter fro 27 Ron Caulder addressing the Pt. Roberts Neighborhood ood Character Committee. 28 Apparently this committee has decided they do not want any Canadian flags flown on 29 American businesses in Pt. Roberts. The Chair will write a memo to the Administration 30 asking them about that issue. 31 Tedd Bear Cave AB92- 406A): Brenner said she was working on some other 32 options for Teddy Bear Cove. Warner said he had been in touch with Roger DeSpain to 33 have the ordinance rewritten. 34 Lake Whatcom Watershed (AB92 -082): Harris reminded Council that November 35 16 is the deadline for comments on the water resources management committee. 36 Because there was no further business, the meeting was adjourned. WHATCOM COUNTY COUNCIL 38 ATTEST: WHATCOM COUNTY, WASHINGTON t 40 i)ansi t - avn, Ass s erk Dance Warner, Chairman �� Council Minutes, 11/10/92, Page 11