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HomeMy WebLinkAboutCounty Council June 12 1990WHATCOM COUNTY COUNCIL June 12, 1990 The meeting was called to order at 7 p.m. by Council Chairman Don Hansey. Present were Absent Dan Warner Mary Vanderpol Emily Jackson Bob Imhof Dennis Vander Yacht Marge Laidlaw EXECUTIVE ITEMS 1. BID AWARD RECOMMENDATION FOR A DIAZO ROLL FILM DUPLICATOR TO THE LOW BIDDER, ANACOMP MULTIPRODU- X DIVISION, FOR A XIDEX 16/35 RRD FILM DUPLICATOR AT $14,352.44 INCLUDING SALES TAX (AB90 -190) Budget Director Tom Sutberry explained this item in County Executive Shirley Van Zanten's absence. Warner reported Finance recommended approval of this item. WARNER MOVED THIS ITEM BE APPROVED. Motion carried. 2. BID AWARD RECOMMENDATION FOR A HIGH SPEED AUTOM- ATIC MICROFILM CAMERA TO THE LOWER RESPONSIVE BIDDER, ALPHA INFORMATION MANAGEMENT, FOR A MINOL- TA DAR 2800 CAMERA AT $17,209.52, INCLUDING TAX (AB90- 191) Warner reported Finance recommended approval of this item. WARNER MOVED THIS. ITEM BE APPROVED. Motion carried. 3. BID AWARD FOR THE RECONSTRUCTION OF HAMPTON ROAD, CRP 99184, RAP 6710001, TO THE LOW BIDDER,. WILDER CONSTRUCTION COMPANY, IN THE AMOUNT OF $8959600.009 INCLUDING TAXES (AB90 -192) (SEE ITEM 1 UNDER "INTRODU- MON; ACTION MAY BE TAKEN ON BOTH ITEMS SIMUL- TANEOUSLY) Minutes, 6/12/90, Page 2 Sutberry noted the low bidder was Wilder Construction Company. Warner reported Finance recommended approval of this item. Imhof asked why paving was. chosen over another type of finish; County Engineer Henken said it would cost less over the long run. WARNER MOVED THIS ITEM AND ENABLING RESOLUTION 1 UN- DER INTRODUCTION BE APPROVED. Motion carried unanimously. 4. BID AWARD RECOMMENDATION FOR PROVIDING AND IN- STALLING CARPET IN THE BUILDINGS AND CODE ADMINIST- RATION OFFICE TO THE LONE BIDDER, H.G. WALKER COM- PANY IN THE TOTAL AMOUNT OF $11,895.42 PLUS $30.00 PER HOUR FOR FLOOR PREPARATION AND REPAIR (AB90 -193) Sutberry explained this bid award. Warner reported Finance recommended approval of this item. WARNER MOVED THIS ITEM BE APPROVED. Motion carried unanimously. 5. NEW APPLICATION FOR A CLASS ACEF LIQUOR LICENSE BY CAROLYN DURHAM AND HOWARD STINE FOR THE MARINA AT LEGOE BAY, 4232 LEGOE BAY ROAD, LUMMI ISLAND (AB90 -194) Imhof reported Public Service recommended approval. IMHOF MOVED THIS ITEM BE APPROVED. Motion carried unanimously. 6. EXECUTIVE'S REPORT Sutberry distributed the monthly progress report on the road program. SPECIAL PRESENTATION GRADUATION OF WHATCOM COUNTY SHERIFF RESERVE OFFICERS Sheriff Larry Mount explained the reserve program saying the reserve officers Minutes, 6/12/90, Page 3 put in over 220 hours and regular officers have 440 hours of training. The reserve officers must put in 16 hours a month and are the second person in the car. This allows flexibility to the department and stretches the program much further. These reserve officers volunteer their time for back -up duty, Ski to Sea as well Santa Claus program. Deputy Conway trains the applicants as well as doing his regular job. Mount administered the oath to the six graduating deputies. Mount told the Council these are fine citizens who are putting their lives on the line for the people of Whatcom County at no charge. OPEN SESSION Rand Jack, 5790 Schornbush Road, Deming: Urged the Council to act favorably on Warner's ordinance which would place a moratorium on granting permits in the South Fork Valley. Land use patterns have come about over a long period of time but there is a potential for inappropriate land -use at this high growth time. Citizen's would like a moratorium to avoid any development prior to the completion of the zoning review. Lyle Balcom, 2210 Monroe: Said he supported the moratorium so the Com- mission will be able to take proper time and do a good job on this. Balcom said he wants to avoid the rush of permits such as the ones that slipped in on Point Roberts before the plan was completed. Virginia Naef: She said there is tremendous support for the moratorium in South Fork; she passed the petition and had no problem getting signatures. Ron Rosa (name not clear): Said he is an excavation contractor and wanted the County to look at acquiring a landfill site for stumps and brush with a recycler coming in once a year to grind it up. The County could do it for less than half what Muenscher charges. Warner said this was a good idea. It is $20 /yard for dumping at the Muenscher facility and $6 /yard for grinding. Warner said this should go on Public Service for review. HEARINGS AND FINAL CONSIDERATION 1. ORDINANCE AMENDING ... TITLE 20 ... TO MODIFY (VARIOUS) SECTIONS ... TO INCLUDE ADDITIONAL RESTRICTIONS ON OFF - PREMISE ADVERTISING SIGNS (AB90 -164) (PAPERWORK ALREADY DISTRIBUTED, 5/22) Hansey opened the public hearing. Taylor distributed proposed changes and explained this attached document. Signs would be limited only to general commercial and industrial zones, said Taylor. Minor changes have been added to the language. Taylor discussed the number of signs presently permitted; signs that had conditional permits and valid state permits would probably number 24. This would allow them Minutes, 6/12/90, Page 4 until 1996 to abate any existing non - conforming signs. There are 14 County permitted signs; 13 conditional uses and one building permit as well as state permitted signs. There were suggestions of totals of 14, 18, 24 and 27. Julie Thompson, Works in the Health Promotion and Disease Control Field: You can restrict size and location but you cannot govern what is on them. Usually tobacco,. and alcohol are the most often seen on billboard. Unlike print media, billboards are not restricted and can be seen by people of all ages. Thompson said this negates the DARE program, and they are an intrusive and offensive form of advertising. Please ban these signs. Matt Minninger; Gillespie Drive: Spoke on behalf of the advertisers. There have not been any alcohol and tobacco advertisements on the billboards in 'Whatcom County. There has not been a public clambering against billboards in Bellingham with only one person speaking against them in the public meetings. Most advertisers are local businesses except one for Harrison Hot Springs and most signs are direction- al advertising advising motorists of locations. Bellingham is the only place in western Washington that has banned billboards in the last three years. His advertisers have 1520 local employees. There are four companies in the area who have billboards. He has 10 and a firm from Lynden has five. Three of the billboards are owned by out -of state companies. KGMI took a poll in January on banning billboards with the results of eight yes votes and 19 no votes. Lyle Balcom, Planning Commission: He said he was on the majority side of the vote and does not believe a total ban is appropriate. He said the commission wished to prevent a problem. Churches advertise as well as many small businesses; the cost is affordable. Majority of the signs are not offensive in this County; parents need to educate their children to make choices said Balcom. All the signs that do not conform will be taken away. Bob Tull, 119 Grand Avenue: Represents three national advertising groups who advertise on billboards. Puzzled and troubled that people. are talking about banning off - premise signs but the agenda states restrictions only. This ordinance is probably the most striking legislation that the County has ever proposed. It states "there can be no more billboards in Whatcom County" and that is .pretty restrictive. The position that 3M National wants the Council to consider is there has been no accidents or outcries. This is one of the harshest zoning ordinances that has ever been proposed,' said Tull, and does not bode well for anyone's rights. Removal is the only step left and that is very extreme; citizen's rights would be violated. Tull said having maximum numbers will keep billboards from proliferating. Mrs. Minninger: Please vote yes to retain billboards. John Ruhlman, Randolph Sign Co., Lynden, and live at 117 River St., Everson: Said his company has billboards in the north end of the County mostly on Meridian and the freeway. His company is careful not to advertise alcohol and tobacco; Minutes, 6/12/90, Page 5 Ruhlman said there is something great about the first amendment or we may be restricted to advertising on one radio stations or TV stations. He said he believes there is a deep sense of integrity in the industry now in the County. His company would not erect a sign that would block the view of the mountains, said Ruhlman, . and they would readily submit to regulations. The public hearing was closed. Jackson asked about the numbers. Taylor said there are 13 conditional uses and one building permits; there are also a number that are state permitted. Twenty seven is a safe number as they do not know what state permits are up. Jackson asked how many are possibly illegal? Taylor said Planning does not really know as it is too difficult to keep up with this; three to four times as many are illegal as the number that are legal. Jackson said the public testimony had been enlightening. She is looking at it from a land -use aspect as it may inhibit use of adjacent land to land used for signs. Warner agreed there had been good comments; he said there were many communities in the country that have banned billboards. He said the health and legal aspects need to investigated and he would like to have more information on this. WARNER MOVED TO REFER THIS TO THE PUBLIC SERVICES COMMITTEE. Imhof said he preferred to have it go to the Committee of the Whole but agreed that would delay it too long. Warner said he would like some input from the Planning and the Legal staff. Motion carried 6 -0. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 1.08.060, SECTION C, TO ALLOW NUMBERING OF MINI- INITIA- TIVES (AB90 -178) Imhof said Forslof had noted that the Code was not in compliance with the Charter. Imhof reported that Public Service recommended this item be approved. IMHOF MOVED THIS ITEM BE APPROVED. Motion carried 6 -0. Randy Watts said the wording needed to be changed on this issue. There was discussion among Watts, Forslof and the Council members. Minutes, 6/12/90, Page 6 LAIDLAW MOVED TO RECONSIDER THE MOTION BY WHICH 1.08.06- 0, SECTION C TO ALLOW NUMBERING OF MINI- INITIATIVES WAS AMEND- ED. Motion carried 6 -0. LAIDLAW MOVED TO AMEND THE PROPOSED ORDINANCE TO READ: C. THE AUDITOR SHALL GIVE THE PROPOSED INITIATIVE, MR I`I OR REFERENDUM A NUMBER WHICH SHALL THEREAFTER BE THE IDENTIFYING NUMBER FOR THE MEASURE. JOMM Motion carried 6 -0. 2. ORDINANCE ESTABLISHING AN ACCOUNT IN AUDITOR'S OFFICE TO PAY FEDERAL TAXES (AB90 -180) .Warner explained the County needs to have a fund of $20,000 to pay federal taxes in a timely manner when junior taxing authorities have not paid. Warner said Finance recommended adoption of this item. WARNER MOVED TO ADOPT THIS ITEM. Motion carried 6 -0. 3. ORDINANCE REVISING THE COO_ PERATIVE EXTENSION OF- FICE'S BUDGET TO ALLOW FOR UNANTICIPATED EXPENSES CAUSED BY NEW MASTER PROJECTS AND A PHOTOCOPYING MACHINE INADEQUACY (AB90 -181) Warner reported Finance recommended adoption of . this item. WARNER MOVED THIS ITEM BE ADOPTED. Motion carried 6 -0. OTHER BUSINESS 1. REVIEW OF LUMMI ISLAND FERRY RATES (AB90 -195) Warner reported there were no requests for any rate increases and there will be no actions taken. In accordance with Ordinance 89 -103 the rates were reviewed Minutes, 6/12/90, Page 7 and found satisfactory. 2. RATIFICATION OF PROPOSED AMENDMENTS TO HEALTH BOARD ADVISORY COMMITTEE BY -LAWS (AB90 -196) Warner noted there was one change that HBAC would review the Health Department budget and forward to the Council. What is proposed for future adop- tion is a change in the underlying ordinance saying the HBAC recommendations are binding on the Health Board unless overruled by a majority plus one. Warner explained the impacts of the approval of this language. Jackson said it should be a recommendation only from the Health Board Advisory Committee on the Health Department budget; Warner agreed and implemented that language in the following motion. WARNER MOVED THE PROPOSED BYLAWS BE AMENDED WITH A SUB (D) TO BE ADDED TO READ HEALTH BOARD ADVISORY COMMIT- TEE WILL RECOMMEND TO THE HEALTH BOARD APPROVAL OF THE HEALTH DEPARTMENT BUDGET. Motion carried 6 -0. Haney said HBAC would need to be informed of the wording change. Jackson asked if the Council could be kept informed of the votes of the HBAC. On Addendum 4. RECEIPT OF PETITION TO REDUCE SPEED LIMIT FROM STRAWBERRY POINT TO ROCKY RIDGE . Motion to-send to Engineering. Motion carried. 3. REQUEST TO AMEND THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL -ONE DWELLING . PER TEN ACRES (R -10A) TO RURAL ONE DWELLING PER FIVE ACRES (R -5A) . FOR APPROXIMATELY 1350 ACRES IN BIRCH BAY- BLAINE SUBAREA (AB90 -97) Laidlaw reported Planning and Development Committee had been told that both the Planning Department and the Planning Commission had recommended denial. Committee recommended to uphold the Planning Commission to deny the rezone. In looking at this since the meeting, Laidlaw says she would consider having it go back to the Planning Commission. . LAIDLAW MOVED TO UPHOLD THE PLAN_ NING COMMISSION TO DENY. Minutes, 6/12/90, Page 8 IMHOF MOVED TO AMEND THE MOTION TO REMAND IT TO THE PLANNING COMMISSION AND TO LOOK AT A SMALLER AREA. Warner spoke against the motion. He said the criteria shows there are no errors and no changed circumstances so he said he does not think this should be referred back to the Planning Commission. Vander Yacht disagrees with Warner and said zoning is designed to be flexible and he would support it. Jackson said she might be convinced to send it back but not with changed criteria. Vander Yacht said people need to be able to make their case. Hansey said there were some discrepan- cies in the information received by the committee and Council. IMHOF RESTATED THE MOTION TO AMEND THE MOTION TO REMAND IT TO THE PLANNING COMMISSION. Warner said he thinks this is chipping away at the zoning plan. Taylor said Planning had thought of cutting it down but decided against it and the Planning Commission had not considered it either. Motion carried with Vander Yacht, Imhof, Hansey and Laidlaw in favor and Jackson and Warner against. INTRODUCTION OF RESOLUTIONS AND ORDINANCES (*CONSENT ITEMS) 1. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 99184 AND CONTRACT AWARD FOR RECONSTRUCTION OF HAMPTON ROAD MP 0.1 TO MP 2.6 (AB90 -192) (Accompanies Executive Item 3.) WARNER MOVED THIS ITEM BE APPROVED. Motion carried. 2. RESOLUTION SETTING THE HEARING ON SALE OF COUNTY TAX TITLE PROPERTY, REQUESTS NO. 36, 37, 39, 41, 42, 43, 44, 459 46, 47 (AB90 -198) 3. RESOLUTION SETTING THE HEARING AND NOTICE OF HEAR- ING ON THE SALE OF REAL ESTATE BELONGING TO THE COUNTY, REQUEST NO. 40 (AB90 -199) Warner reported Finance recommended approval of the above two items. WARNER MOVED THESE ITEMS BE APPROVED. Motion carried 5 -0 with Jackson out of the room. Minutes, 6/12/90, Page 9 4. *ORDINANCE REVISING THE 1990 BUDGET FOR SALARY AND BENEFITS (AB90 -201) This item will be assigned to Finance Committee On Addendum 5. *ORDINANCE IMPOSING A MORATORIUM ON VARIOUS DEVELOPMENTS IN THE SOUTH FORK VALLEY (AB90 -203) 6. *ORDINANCE AMENDING TITLE 24.01 TO REFINE THE DUTIES AND POWERS OF THE HEALTH BOARD AND ITS ADVISORY COMMITTEE AB90 -196) The above three items were received and will be referred to the appropriate committees. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Shorelines Citizen's Advisory Committee: Laidlaw reported for the Shorelines Citizen's Advisory Committee and stated they had the following four issues to deal with: Building and Code changes; DOE changes; Map changes; and Public Access. The first three will come back to the Council directly but the fourth will go back to the Planning Commission. The committee has been working very hard on this task. Demolition Landflll Regulations: Warner reported the Health Board advisory sub committee met to deal with the changes in the inert demolition section. Their recommendations. will be taken to the Health Board Advisory Committee for Friday's meeting and the document -.will come back to the Council on June 26th. Northwest Air Pollution Authority: Imhof reported for the Northwest Air Pollution Authority ( NWAPA) saying that the attorneys for Recomp and NWAPA will be at tomorrow's meeting 'so NWAPA had given them a stay until after the meeting. Association of Counties: Jackson reported for the Association of Counties meetings and said there was a movement being considered for the urbanized counties splitting away. They have decided to look at the voting abilities and what the focus will be. She recommended everyone attend the meetings to provide input into the voting ratio and future policy of financial participation. The Council owes it to the future of Whatcom County to be involved in the vision for the Association. Council Office Move: Haney said the Council is considering moving to the annex to allow Superior Court to take over the second floor. Budget Retreat: Warner said a date needs to be set for the budget retreat. Warner recommended June 27th from 1 -5 p.m. and other members agreed. The meeting was adjourned at 9:22 p.m. ATTEST: B bara Maher, Cler Minutes, 6/12/90, Page 10 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, I • y, airman o)nald "an4y, th " an