HomeMy WebLinkAboutCouncil April 7 19982
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WHATCOM COUNTY COUNCIL
Regular Council Meeting
April 7, 1998
The meeting was called to order at 7 p.m. by Council Chair Robert Imhof in the Council
Chambers, 311 Grand Avenue.
Also Present: Absent:
Marlene Dawson None
Barbara Brenner
Tom Brown
Connie Hoag
Kathy Sutter
Ward Nelson
ANNOUNCEMENTS
Imhof announced that in executive session there was discussion on labor contracts (AB98-
020).
Council recently sent a letter to Cascade Natural Gas regarding Natural Health Foods in
Blaine. A representative from Cascade Gas Co. contacted Imhof to notify him things will proceed
according to timelines.
SPECIAL PRESENTATIONS
1. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION AND THE
WHATCOM COUNTY COUNCIL OF GOVERNMENTS REGARDING
GUIDE MERIDIAN ISSUES (AB98 -019)
Gordon Rogers, Council of Governments (COG), discussed planning transportation
issues along the Guide Meridian. The Access Management Program has discussed access issues
with property owners along the Guide and explored alternatives to providing access. Design
engineers from the State Department of Transportation (DOT) are working on the phases of this
project. Rogers introduced the engineers.
Rick Mitchell, DOT engineer of the north section, spoke regarding the history of the
Guide project. Gordon Kelsey, DOT engineer for the south section, spoke to the history of the
projects and the people working on them. He gave specifics on the planned expansion of the
roadway from the Horton Road to the Canadian border. The project schedule is to finish the
design this summer with right -of -way plans concluding this year. Construction will proceed as
funding is allowed. Rogers stated that the funding is tied to bonding. Kelsey noted that a
shoulder would accommodate bikes and pedestrians. Tom Simpson, Access Management
engineer, stated that the goal is to get people to enter the road at the stoplights. Currently, people
are entering the roadway from their driveways. There will be a two -way left turn lane and two
lanes each way in order to get people out of the way when turning. There was also discussion
Council Minutes, 4/7/98, Page 1
1 about drainage of properties fronting the roadway. Mitchell discussed the plans for the roadway
2 from Ten Mile Creek to the border. If the bond is approved, it will allow for completion of the
3 planning process and right -of -way construction but not for actual construction. The best case
4 scenario for actual construction is in four years.
6 2. WHATCOM COUNTY DIRECTOR OF HEALTH & HUMAN SERVICES,
7 CHUCK BENJAMIN, REGARDING PUBLIC HEALTH WEEK (AB98 -019)
9 Chuck Benjamin, Health & Human Services Director, read a proclamation into the record
10 declaring April 6 through 12 Public Health Week. He then expressed his appreciation to the staff
11 of the Health & Human Services Department. Some of the programs happening this week
12 include booths promoting food safety and health.
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14 OPEN SESSION
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16 The following people addressed Council in Open Session:
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18 Dr. Frank James, County Health Officer: Board of Health (AB98 -144) (handout on file)
19 Doug Robertson, 2605 Sunset Drive: Board of Health (AB98 -144)
20 Mr. Beaver (man dressed as a beaver, otherwise unidentified): Board of Health/Water
21 Resources (AB98 -144)
22 Ken Henderson, 107 Crown Lane: Proposed Lake Whatcom Watershed ordinance from
23 1992. Hoag stated this item will be scheduled at the next Natural Resources Committee meeting.
24 Jeff McKay, 4693 Sucia Drive, Ferndale: Board of Health (AB98 -144)
25 Darlene Del Boca, 7208 Lankhaar Road, Lynden: Goodwin Road Rezone (AB98 -137)
26 Michael Lawrence Butler, 4831 Mission Road: Board of Health/Water Resources
27 (AB98 -144)
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29 (Clerk's Note: Tape 1, side 2)
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31 Carl Weimer, RESources Executive Director, 1155 North State Street: Health
32 Board/Water Resources (AB98 -144)
33 Amy Robinson, 4831 Mission Road: Health Board/Water Resources (AB98 -144)
34 Dan McShane, 1451 Grant Street: Health Board (AB98 -144)
35 John Gray, 114 Grand Street: Health Board (AB98 -144)
36 Roberta Vollendorff, 1119 -20th Street: Water Resources (AB98 -017)
37 Yoneena Marker, 2630 Russell Street: Water Resources (AB98 -017)
38 Marion Biddel, 3600 Sealy Street: Water Resources (AB98 -017)
39 Dr. Susan Kane - Ronning, 3015 Silvern Lane: Water Resources (AB98 -017)
40 Kay Zeals, 975 Grand Blvd.: Snohomish County Board of Health (AB98 -144);
41 Development Regulations (AB97 -169D)
42 Dave Schmaltz, 1807 Eldridge Avenue: Water Resources (AB98 -017)
43 Steve Irving, 2664 Brown Road, Ferndale: Health Board (AB98 -144); Water Resources
44 (AB98 -017)
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Council Minutes, 4/7/98, Page 2
I Sherilyn Wells, 1020 Geneva: Water Resources (AB98 -017); Various Planning Issues
2 Fred Miller, Friends of Lake Whatcom, 3229 North Shore Road: Water Resources
3 (AB98 -017) (handout on file)
4 Robin Dexter, 3726 Broad Street: Water Resources (AB98 -017)
5 Sidney Anderson, 3035 Silvern Lane: Water Resources (AB98 -017) Dawson stated she
6 has been working on an ordinance about the gas - powered vehicles that are used on Lake
7 Whatcom and the pollution from those vehicles. This ordinance would impose a limited ban
8 during the summer months (June through September).
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10 Nelson noted the Lake Whatcom Management Committee will soon be requesting citizen
11 input regarding water issues. The committee will be meeting May 21 (tentative). Sutter stated
12 the Water Resources Management Council members are working on combining with the Lake
13 Whatcom Management Committee. Brenner requested consideration of the resolution (other
14 agencies and individuals involved with groundwater contamination) at this time.
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16 (Clerk's Note: A five- minute recess was taken to review the proposed resolution.)
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18 Imhof stated that the recommendation from Administration is to gather more background
19 information on the Agency for Toxic Substances and Disease Registry (ATSDR) resolution of
20 support.
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22 Brenner moved to approve the resolution with the amendment that the reference to
23 agencies not taking action be removed.
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25 There was discussion on the motion.
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27 Brenner withdrew her motion to amend (there was no vote on the motion).
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29 CONSENT AGENDA
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31 Nelson reported for Finance and Administrative Services Committee and moved approval
32 of items 1 through 5.
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34 (Clerk's Note: Tape 2, side A)
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36 Brenner requested items 4 and 5 be pulled.
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38 Motion to approve items 1 -3 carried 6 -0 with Hoag out of the room.
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40 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A GRANT
41 AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT OF
42 ECOLOGY /FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM FOR THE
43 CFHMP LEVEE INVENTORY PROJECT IN THE AMOUNT OF $75,000, WITH
44 WHATCOM COUNTY'S ESTIMATED SHARE IN THE AMOUNT OF $41,250
45 (AB98 -146)
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Council Minutes, 4/7/98, Page 3
l 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
2 AMENDMENT TO AN EXISTING PROFESSIONAL SERVICES AGREEMENT,
3 W.C.C. 9803013, FOR THE 1998 MAPPING PROJECT, IN THE AMOUNT OF
4 $176,840 (AB98 -147)
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6 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #98 -30
7 FOR THE PURCHASE OF TWO ROTO SWEEPERS TO THE LOWEST
8 RESPONSIVE BIDDER, CLYDE WEST, INC., IN THE AMOUNT OF $58,780.47
9 (AB98 -145)
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11 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
12 CONSULTANT AGREEMENT WITH REID MIDDLETON, INC. FOR DESIGN OF
13 THE RECONSTRUCTION OF YEW STREET ROAD FROM SAMISH WAY TO
14 PALMER ROAD IN THE AMOUNT OF $135,073 (AB98 -148)
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16 Brenner had two questions, which were answered by Nelson.
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18 Brenner moved approval of items 4 and 5.
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20 Motion carried unanimously.
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22 5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
23 CONSULTANT AGREEMENT WITH REICHHARDT & EBE ENGINEERING, INC.,
24 FOR DESIGN OF THE RECONSTRUCTION OF YEW STREET ROAD FROM
25 PALMER ROAD TO SAN JUAN BOULEVARD IN THE AMOUNT OF $86,030
26 WITH $17,000 PAID WITH FEDERAL FUNDS AND WHATCOM COUNTY'S
27 ESTIMATED SHARE IN THE AMOUNT OF $69,202 (AB98 -154)
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29 PUBLIC HEARING
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31 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 6.04, ANIMAL CONTROL
32 (AB98 -103)
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34 Nelson gave a report about the background of this proposal. Language needs to be
35 changed for consistency with the Unified Fee Schedule. Another element is wild and exotic
36 animal licensing.
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38 Imhof opened the public hearing, and the following spoke:
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40 Susan Donato, SSP Administrator, 1372 Roma Road
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42 Hearing no one else, Imhof closed the public hearing.
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44 Nelson moved to adopt the ordinance.
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Council Minutes, 4/7/98, Page 4
I Hoag requested clarification regarding a scrivener error. Other scrivener errors were
2 outlined. Brenner requested clarification about not allowing wild animals as pets and that fees
3 are not being raised. Brown asked about dogs running loose in certain zoning areas and a
4 reasonable length of time for a dog to bark.
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6 Nelson moved to amend packet page 193 to add a new Section 1 (the other sections
7 would be moved down and renumbered) to read: "A completed permit application shall be
8 filed with the animal control authority, along with proof that the applicant has mailed notice to
9 all property owners of record within a 300 foot radius of the external boundaries of the subject
10 property. The permit to own or maintain a wild or exotic animal for the purpose of creating a
11 sanctuary shall be granted if, within thirty (30) days of filing the application and proof of
12 notice, no written objections have been filed with the animal control authority and all other
13 requirements of this section have been met."
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15 Motion to amend carried unanimously.
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17 Sutter requested discussion on other controls that have not been included in the
18 ordinance.
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20 Sutter moved to amend by including the changes outlined in the packet prohibiting
21 distribution, sale, trade, breeding or allowing reproduction, or release.
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23 Donato asked for the prohibition of advertising wolf hybrids for sale. Discussion
24 followed.
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26 Motion to amend carried unanimously.
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28 Karen Frakes, Prosecuting Attorney's Office, stated that she changed the language
29 regarding restriction, as a sanctuary prevents loopholes for how the animals are being held.
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31 Brenner moved to amend to include language on packet page 194, lines 18 & 19, letter F
32 and at the end add: "as a pet ":
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34 "F. No person shall be permitted to own, harbor, or maintain any lion, tiger, bear,
35 gorilla, lynx, cougar, mountain lion, jaguar or venomous snake as a pet."
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37 Brenner withdrew her motion.
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39 Motion to adopt as amended carried unanimously.
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41 2. ORDINANCE AUTHORIZING THE INSTALLATION OF STOP SIGNS ON
42 WHITEHORN WAY, EAST AND WEST BOUND, AT HOLEMAN AVENUE (AB98-
43 133)
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45 Imhof opened the public hearing.
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Council Minutes, 4/7/98, Page 5
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Hearing no one, Imhof closed the public hearing.
Nelson moved to approve.
Motion carried unanimously.
3. RESOLUTION AUTHORIZING THE SALE OF SURPLUS COUNTY -OWNED
PROPERTY (AB98 -128A)
Imhof opened the public hearing.
Hearing no one, Imhof closed the public hearing.
Brown moved approval.
Motion carried unanimously.
OTHER ITEMS
1. ORDINANCE AMENDING THE 1998 BUDGET, REQUEST NO. 3 (AB98 -138)
Nelson reported for Finance and Administrative Services Committee and moved approval.
Dave Wareing, Executive's Office, stated that a computer upgrade was done to the accounting
system this year and some of the computer checks were not done (a new employee). These items
were approved in the County budget.
Motion carried unanimously.
2. REQUEST AUTHORIZATION FOR PAYMENT OF COUNCIL MEMBER
EXPENSES AND /OR TRAVEL (AB98143)
Nelson reported for Finance and Administrative Services Committee and stated there was
no recommendation from committee.
Dawson moved approval of the request.
There was discussion on the motion. Imhof gave background on the request.
Brown moved to amend to allow $500 from Imhof s expense account.
Sutter inquired if other Council members would still have money available. Dana
Brown - Davis, Council Clerk, responded that the $500 would be out of the tuition funds. Council
would be able to also use their travel money for tuition. Discussion followed regarding tuition
and travel funds for Council members and staff.
Council Minutes, 4/7/98, Page 6
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Motion to amend carried 6 -0 with Imhof abstaining.
Motion to amend to allow $500 out of the tuition account failed 3 -3 with Hoag, Brenner,
and Brown opposed and Imhof abstaining.
3. ORDINANCE AMENDING THE OFFICIAL W14ATCOM COUNTY ZONING MAP
FROM RURAL FIVE ACRES (R5A) TO LIGHT IMPACT INDUSTRIAL (LII) FOR
APPROXIMATELY 1.6 ACRES IN THE CHERRY POINT - FERNDALE SUBAREA
(AB98 -134)
Sutter reported for Planning and Development Committee and moved to adopt the
ordinance. She stated all the ordinances were brought forward in order to bring planning maps in
compliance with the Comprehensive Plan. Committee recommended approval by acclamation.
Motion carried unanimously.
4. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
FROM COMMERCIAL FORESTRY (CF) TO RURAL FORESTRY (RF) FOR
APPROXIMATELY 37.50 ACRES IN THE SOUTH FORK VALLEY SUBAREA
(AB98 -135)
Sutter reported for Planning and Development Committee and moved to adopt the
ordinance.
(Clerk's Note: Tape 2, Side 2)
There was discussion on the motion.
Motion carried 6 -1 with Hoag opposed.
5. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
FROM RURAL FORESTRY (RF) TO RURAL FIVE ACRES (R5A) FOR
APPROXIMATELY 20.44 ACRES IN THE FOOTHILLS SUBAREA (AB98 -136)
Sutter reported for Planning and Development Committee and moved to adopt the
ordinance.
There was discussion on the motion.
There was discussion regarding the Planning Commission minutes. Hoag requested this
area be zoned R10 rather than R5A. Discussion followed on the process of changing the
ordinance and the background on this issue. Sutter pointed out that at the Planning
Commission's March 12 meeting, the vote was unanimous for approval of the rezone. Sylvia
Goodwin, Planning and Development Services Manager, responded to various questions from
Hoag.
Council Minutes, 4/7/98, Page 7
I Motion carried 6 -1 with Hoag opposed.
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3 6. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
4 FROM AGRICULTURE (AG) TO RURAL FIVE ACRES (R5A) FOR
5 APPROXIMATELY 33 ACRES IN THE LYNDEN NOOKSACK VALLEY SUBAREA
6 (AB98 -137)
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8 Sutter reported for Planning and Development Committee and moved approval of the
9 ordinance.
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11 There was discussion on the motion. Also participating was Sylvia Goodwin, Planning
12 and Development Services Manager. Topics discussed included the Growth Management
13 Hearings Board; ag overlay area; and Ben Craft's concerns (read by Hoag).
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15 Motion carried 4 -3 with Hoag, Dawson, and Brenner opposed.
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17 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN AN APPLICATION
18 FOR A "CLASS Bl" LIQUOR LICENSE FOR THE NORTH CASCADES BREWING
19 COMPANY LOCATED AT 1410 KOPE ROAD, BELLINGHAM, WA 98226 (AB98 -
20 149)
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22 Brenner moved approval.
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24 Motion carried unanimously.
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26 8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN AN APPLICATION
27 FOR A "CLASS 11" LIQUOR LICENSE FOR THE STRATFORD MANOR B & B
28 LOCATED AT 1416 VAN WYCK ROAD, BELLINGHAM, WA 98226 (AB98 -150)
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30 Brenner moved approval.
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32 Motion carried unanimously.
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34 INTRODUCTION ITEMS
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36 Dawson moved to accept the introduction items.
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38 Motion carried unanimously.
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40 1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
41 FROM AGRICULTURE (AG) TO RURAL TEN ACRES (R1OA) FOR
42 APPROXIMATELY 60 ACRES IN THE LYNDEN - NOOKSACK SUBAREA (AB98 -
43 130)
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Council Minutes, 4/7/98, Page 8
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2. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON APL98 -0001,
FILED BY MICHAEL ROSSER (AB98 -142)
3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
FROM RURAL TEN ACRES (R10A) TO RURAL FIVE ACRES (R5A) FOR
APPROXIMATELY 29.34 ACRES IN THE FOOTHILLS SUBAREA (AB98 -151)
4. ORDINANCE AMENDING THE OFFICIAL W14ATCOM COUNTY ZONING MAP
FROM RURAL TEN ACRES (R10A) TO URBAN RESIDENTIAL MEDIUM
DENSITY SIX UNITS PER ACRE (URM6) FOR APPROXIMATELY 39.4 ACRES IN
THE BIRCH BAY -BLAINE SUBAREA (AB98 -152)
5. ORDINANCE SETTING THE DUE DATE FOR PAYMENT OF SERVICE
CHARGES, AUTHORIZING COLLECTION OF INTEREST AND PENALTIES ON
DELINQUENT PAYMENTS OF ASSESSMENTS ON PARCELS IN SUBZONES,
AND ESTABLISHING PROCEDURES FOR RECORDATION AND FORECLOSURE
OF LIENS RESULTING FROM DELINQUENCIES (AB98 -153) (HEARING TO BE
SCHEDULED)
6. ORDINANCE ESTABLISHING A 2,000 -FOOT PORTION OF VAN WYCK ROAD
LOCATED IMMEDIATELY EASTERLY OF THE COUNTY MAINTAINED
PORTION OF SAID ROAD AS A PUBLIC ROAD (AB98 -413A) (HEARING TO BE
SCHEDULED)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Drayton Harbor Shellfish Protection District (AB98 -155) and Monitoring Wells
(AB98 -156): Hoag pointed out these issues will be discussed at the next meeting (April 21).
Water Advisory Committee Meeting (AB98 -017): Sutter noted the next meeting will
be April 15 at 6 p.m. at the Bellingham Senior Center.
Brown requested clarification about the decision regarding the proposed Lake Whatcom
Zoning Ordinance. He felt it should be in Planning and Development Committee instead of
Natural Resources Committee.
Washington State (AB98 -001): Imhof announced CRAB Board meeting will be
tomorrow. Next week is the western regional meeting in Ocean Shores.
Council Minutes, 4/7/98, Page 9
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ADJOURN
The meeting was adjourned at 9:50 p.m.
Jill Nixon, Recording Secretary
15 These minutes were approved by Council on , 1998.
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17 ATTEST: WHATCOM COUNTY COUNCIL
18 WHATCOM COUNTY, WASHINGTON
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23 Dana Brown - Davis, Council Clerk Robert Imhof, Council Chair
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Council Minutes, 4/7/98, Page 10