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HomeMy WebLinkAboutCounty Council August 6 19911 WHATCOM COUNTY COUNCIL 2 Regular Meeting 3 August 6, 1991 4 The meeting was called to order by Council Chairman Dan Warner at 7 p.m. in the 5 Council Chambers, 1000 N. Forest. 6 Present Absent 7 Marge Laidlaw Mary Vanderpol .. 8 Emily Jackson 9 Bob Imhof 10 Dennis Vander Yacht 11 Don Hansey 12 READING AND APPROVAL OF MINUTES 13 There was one correction to the July 23, 1991 meeting minutes on Page 13, Line 10 14 should be omitted as there was no motion; the minutes were then accepted. 15 EXECUTIVE ITEMS 16 1. CONSIDERATION OF NEW LIQUOR LICENSE APPLICATION FOR A 17 CLASS H LIQUOR LICENSE FOR R AND E ELEVATIONS, INC., 4255 18 MITCHELL WAY, BELLINGHAM (AB91 -311) 19 Tom Sutberry, Deputy Administrator, explained this issue. 20 IMHOF MOVED TO APPROVE THIS APPLICATION. 21 The motion carried unanimously. 22 2. EXECUTIVE'S REPORT 23 OPEN SESSION 24 - Rebecca Malloy, 2413 Lafayette Street: Spoke about the major permit application - 25 thinks this is a major rewrite for the airport operations zone not just some miscellaneous 26 changes; it appears zone text amendments are wrapped together with airport master plan 27 projects. She said if the Council adopts the airport master plan, it would be very dangerous 28 as the Planning Commission did not hear public comment on the March 25 hearings (only 29 Taylor and Soliday testified). The public would have commented if they had had 30 notification. The hearings occurred rapidly with little opportunity for the public to be 31 informed about the various issues. She said some of the SEPA data is incomplete. She 32 requested that the Council hold hearings on the ordinance regarding the major development 3 permit requirements and the ordinance regulating development in the Airport Operations 1 Zone district. 2 Laidlaw said she would like a copy of Malloy's comments before Thursday of this 3 week as this issue will come before the Council on August 13. 4 Clare Fogelsong, 5824 Noon Road: He said he has concerns about the rewrite of the 5 development standards; the monetary limit was increased from $2 million with land to $5 6 million without land without justification On the positive side there are several criteria 7 now, including a monetary limit and an EIS requirement. A project would have to plan for 8 300 residential units before it is a major development; he said he feels that number is way 9 too high. He said he would like to hear the justification for the large jump in the monetary 10 limit and the number of housing units. 11 Don Meikle, 1930 Benson Road: Spoke on herbicides spraying and the new 12 ordinance. He asked if it is 60 percent of the registered voters required to have spraying 13 stopped. He would like an extension of the time limit to get the signatures. If this issue is 14 resolved this year, does it have to be repeated again next year? Warner agreed to 15 investigate. 16 Janet Adams, 1135 Humboldt Street: Regarding the permit for runway extension last 17 month there was a request of the Port to consider additional restrictions listed in the letter 18 from Soliday. She asked for some information on what is happening on this issue. Warner 19 said he would inquire and send her a reply. 20 Jon Sitldn, 119 Grand Avenue: He said he represents the Wetzels whose Hearing 21 Examiner appeal will be heard later in the meeting and asked if he could speak on that 22 issue. Warner said this is not usually done as the Council sits in a quasi-judicial role on this 23 issue as both sides would not have the same opportunity. 24 Martin Keeley, 310 South Beach Road: He said he endorsed what Don Meikle said 25 and hopes for an extension to get the signatures in place. 26 HEARINGS 27 1. ORDINANCE PLACING STOP SIGNS ON DRAYTON HARBOR ROAD 28 (AB91 -265) 29 2. ORDINANCE CLOSING DRAYTON HARBOR ROAD TO THROUGH 30 TRAFFIC (AB91 -266) 31 These items were taken together. 32 Topics included: Meetings that were held with Roger Beck, Semiahmoo Company, 33 Sheriff Larry Mount, and Ed Henken, County Engineer; meeting to be arranged with the 34 City of Blaine, Roger Beck, Semiahmoo Company, Ed Henken, County Engineer and Bob Minutes, 8/6/91, Page 2 1 Imhof before the August 13 Council meeting; what engineering study had been carried out. 2 The item was discussed by: Warner, Imhof, Henken and Jackson. 3 The public hearing was opened. 4 Bill Schultz, 5681 Sanderling Way: He said he is President of the Community 5 Association of Semiahmoo and would like clarification on whether the signs are enforceable; 6 if the residents are liable to be arrested for passing through the road while deliberations are 7 in progress; how the signs got there; and if the - residents of Semiahmoo were to be 8 excluded from the road. 9 Ed Henken took full responsibility for the erection of the signs and they should not 10 have been put up as black on white (enforcement colors) but should have been black on 11 yellow (advisory only). 12 Roger Beck, 9045 Shearwater Road: At the meeting of a week ago, he had submitted 13 a letter saying traffic should be slowed but not prohibited. Drayton Harbor Road provides 14 the easiest access to Semiahmoo. He said the Semiahmoo Company and residents of 15 Semiahmoo are taking the following steps: they will urge Blaine to lower the speed limit 16 from 35 to 25 mph; work with entities to have signs say "Blind driveways ahead'; encourage 17 signs that prohibits buses (other than school buses) and trucks from the road; work on an 18 educational program; pay for informational signage to encourage first time and infrequent 19 visitors to be routed down Lincoln Road. 20 Steve DeBolt, 5203 Drayton Harbor Road: One sign has already been taken down 21 by a vandal. He said the residents have been asked to compromise when they have been 22 more than patient. He distributed pictures showing roads that have been closed in the City 23 of Bellingham. A number of meetings have been held and many times the residents have 24 not been involved. The residents have a right to welfare, protection from the law and the 25 right to move freely in their own neighborhood. He said he hoped the Council will consider 26 the residents in its decision. 27 Pat Floyd, Blaine City Manager: He said he is sad the problem escalated before the 28 different groupss started to communicate. Read a letter from the Blaine City Council 29 stating its desire to work with the County Council to make this a safer road for the 30 residents. Blaine officials are considering different options that would help solve this 31 problem. The Blaine Public Works department is being reorganized so he would 32 appreciated being contacted personally. 33 Roger Beck, Semiahmoo Company: He identified Mr. DeBolt at the last meeting and 34 has asked him to participate in trying to find a solution. DeBolt said he would not 35 participate because the only acceptable solution is closure of the road. 36 Ron Butcher, 5027 Drayton Harbor Road: The master plan of the Semiahmoo Minutes, 8/6/91, Page 3 1 showed the major amount of traffic being rerouted to Lincoln. Will this be discussed at the 2 upcoming meeting? 3 Bob Imhof said he understood the master plan did show that route originally but the 4 specifics of this fell through the cracks and is not now on the plan; this will be discussed at 5 the forthcoming meeting. 6 Fred Amundson, 5641 Sanderling Way, Blaine: He said he represents eight of the 7 communities in Semiahmoo; he would like to support the proposals that have been 8 submitted. Semiahmoo would support stop signs at Shintaffer Road. 9 The Open Session was closed. 10 Jackson said the Semiahmoo Company reprimands its employees for using the 11 Drayton Harbor Road and she wants this fact included in the record. 12 Dennis Vander Yacht said Lincoln Road residents should be notified so they can be 13 included in this process. 14 Jackson said she is happy to hear the City of Blaine is considering lowering the speed 15 limit as she nearly got hit earlier today. She noted that there were no signs exiting 16 Semiahmoo asking people to use the alternate route. Jackson asked that an official note 17 be sent to Sheriff Mount showing the Council's concern over the number of trucks on this 18 road. 19 Addendum 20 3. PETITION FOR VACATION OF A PORTION OF AN ALLEY IN BLOCK 21 8, PLAT OF WEST GENEVA, ABUTTING LOTS A,B,C,8,9,10,11, AND 12, 22 FILED BY M.D. PLENKOVICH (AB91 -210) 23 Warner explained that this hearing will be continued to the August 13 meeting. 24 The public hearing was opened. 25 Mike Plenkovich, 1033 Austin Street: Filed this petition in the appropriate manner 26 and feels there is no objection to the road vacation. 27 The public hearing was continued to August 13. 28 OTHER ITEMS 29 1. APPEAL OF HEARING EXAMINER'S DECISION ON SV 4 -91, FILED 30 BY BARTON AND ESTHER WETZEL (AB91 -276) 31 JACKSON MOVED THIS BE REMANDED BACK TO THE HEARING Minutes, 8/6/91, Page 4 1 EXAMINER TO CLARIFY SITE CONSTRAINTS IN REGARD TO THE PLACEMENT 2 OF THE SEPTIC SYSTEM AND FOOTPRINT FOR BUILDING WITH SETBACKS IN 3 ACCORDANCE WITH THE STAFF RECOMMENDATION. 4 The motion fails 3 -3 with Jackson, Vander Yacht and Warner voting for the motion. 5 IMHOF MOVED TO UPHOLD THE HEARING EXAMINER. 6 Jackson said the record was not clear and justified clarification. She said she wanted 7 this re- examined as she feels it may be detrimental to the shoreline. 8 The motion passed 5 -1 with Jackson against. 9 Jackson asked Watts if this could be reconsidered when all Council Members are 10 present; Watts said he did not believe so. 11 2. RESOLUTION PROCLAIMING THE START OF THE "CALLING ON 12 AMERICA' CAMPAIGN (AB91 -307) 13 Kirk Dessauer, 2690 Alderwood, Apt. 6, P.O. Box 5274: Represents the County on 14 the National Organization of Disabilities. There are numerous examples in Whatcom 15 County where the disabled are denied access because of the design of buildings. This 16 building is not accessible to the disabled; if they do get in there are no restroom facilities 17 for them He spoke to Tyler and the Executive on several occasions telling them of the 18 inaccessibility of Whatcom Community College but to no avail. The new Smith building 19 uses door pressure that is double and almost triple the pressure allowed by the Washington 20 Code. He asked that the disabled community be allowed to take part in County 21 Government and in life in Whatcom County. 22 Jackson said this is a nationwide pursuit to improve the quality of life for the 23 disabled. She said she and Shirley Van Zanten are co- sponsoring this resolution and are 24 anxious to have it passed. 25 SHE SO MOVED. 26 The motion was carried unanimously. 27 INTRODUCTION 28 1. WITHDRAWAL OF APPEAL OF HEARING EXAMINER'S DECISION 29 ON CU39 -90, FILED BY FRED THIESSEN (AB91 -277) (FILED) 30 2. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON 31 ADMINISTRATIVE APPEAL 3 -91, FILED BY JOHN AND LINDA 32 KUNNAP (AB91 -304) (PLACED ON FILE PENDING RECEIPT OF Minutes, 8/6/91, Page 5 1 WRITTEN ARGUMENTS) 2 3. RECEIPT OF PETITION TO VACATE A PORTION OF GRANT 3 STREET, FILED BY EVANGELICAL FREE CHURCH (AB91 -305) 4 (HEARING TO BE SCHEDULED ON ENGINEER'S REPORT) 5 4. RECEIPT OF PETITION TO VACATE A PORTION OF PARK LANE, 6 FILED BY CLIFF GIBBONS AND OWEN BURDETT (AB91 -306) 7 (HEARING TO BE SCHEDULED ON ENGINEER'S REPORT) 8 .5. ORDINANCE ACCEPTING THE SYSTEM OF ASSESSMENTS 9 PROPOSED BY THE WHATCOM COUNTY CONSERVATION 10 DISTRICT (AB91 -308) (HEARING TO BE SCHEDULED) 11 6. ORDINANCE ESTABLISHING A RATE OF CREDIT FOR 12 DEFENDANTS SERVING TIME OR PERFORMING LABOR TO 13 REDUCE THE AMOUNT OF FINES AND COSTS OWED (AB91 -310) 14 (FINANCE) 15 7. ORDINANCE AMENDING ORDINANCE 79-49 AND MODIFYING 16 WHATCOM COUNTY CODE 3.04 TO ESTABLISH A REASONABLE 17 FEE FOR COPIES OF THE BUDGET AND SUPPORTING 18 DOCUMENTS (AB91 -309) (HEARING TO BE SCHEDULED) 19 Items 1 through 7 were received by Council. Items 3, 4, 5, and 7 will be scheduled 20 for hearings. 21 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS 22 SR9 Northern Route Study: Laidlaw said the Council of Governments and the 23 Regional Transportation Planning Organization have requested and received concurrence 24 from the City of Sumas and the Department of Transportation that the study would cease 25 until this issue receives proper public participation. 26 Urban Transportation Plan: Laidlaw said one of the final hearings is scheduled for 27 _ tomorrow. 28 Planning & Development Committee: Laidlaw explained the tentative schedule of 29 the upcoming meetings. 30 Crossing Improvement: Imhof said the residents in Sandy Point, Cherry Point 31 Industrial area and Gooseberry Point asked him to thank the Council for the improvement 32 of the railroad crossing at the Slater Road. Minutes, 8/6/91, Page 6 1 Council visits: Warner mentioned he and Bob Woods have been spending time in 2 different departments lately to be better informed of their operations. 3 Council Picnic: Warner mentioned the Council picnic at his house on August 22nd. 4 Lake Whatcom Forestry Forum: Haney said he went to the Lake Whatcom Forestry 5 Forum and they were going through the permits for timber harvesting. He thinks Whatcom 6 County should have a lot of representation at these meetings. Haney said a letter should 7 be sent to Gordon Scott thanking him for his work on this committee. 8 Staff Recognition: Jackson thanked Bob Woods for being such a good resource. 9 Public Advertising for Council Members attending meetings: Jackson asked if Watts 10 would provide us with clarification on appropriate advertising. 11 Office Update: Bob Woods said there will be a computer classes in the office for the 12 next two days. He also mentioned the expected addition to the staff family with Dana 13 Brown -Davis due soon 14 The meeting was adjourned at 8:18 p.m. 15 16 ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Daniel M. Warner, Chairman Minutes, 8/6/91, Page 7