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HomeMy WebLinkAboutCouncil February 10 19981 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 WHATCOM COUNTY COUNCIL Regular Council Meeting February 10, 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: Kathy Sutter None Marlene Dawson L. Ward Nelson Connie Hoag Barbara Brenner Tom Brown ANNOUNCEMENTS Imhof announced that in Committee of the Whole, discussion with Chief Civil Deputy Randy Watts regarding pending litigation (AB98 -020) took place in executive session. Also, an appeal of the decision of the Director of Public Works regarding Trail Permit #97 -0030 filed by Phil Serka for Mr. and Mrs. Bert Brock (AB98 -043) was withdrawn to a later date. OPEN SESSION The following people addressed Council: Rita Foley, South Lake Whatcom: Building on Blue Canyon Road (AB98 -024) Brenner requested Foley =s concern be placed in Public Works and Capital Projects Committee. Nancy Keene: Water quality issues (AB98 -024) Elizabeth Glomes, 470 Manley Road: Accessory Housing (AB98 -072) Debra Crowley, no address given: Extended area calling in Whatcom County (AB97- 324). Discussion followed between Karen Frakes, Prosecuting Attorney =s Office, and Barbara Brenner. Myron Wlaznak, 4215 E. Oregon: Stormwater management on Silver Beach Creek (AB98 -024) Lynn Barton, 1280 W. Bakerview Road: Requested minutes from Council meetings be available at the Bellingham Public Library (AB98 -024). Imhof will check into this. Bob Wiesen, 3314 Douglas Road, Ferndale: Water quality issues (AB98 -024) Robin Dexter, Purse Seiner Vessel Owners Association: Requested Council hold a public hearing regarding safe drinking water (AB98 -024) Manca Valum, 3169 Mt. Baker Highway, Development Manager for Womencare Shelter: Regular Council Minutes, 2/10/98, Page 1 I Requested Council =s support for funding of the shelter (AB98 -073). She replied in answer to a 2 question about Dorothy Place. 3 4 Pete Kremen, County Executive, spoke about the quality of the drinking water. He stated 5 he was committed in making all County resources available to the public and requested approval 6 for the funding and authority for the hiring of an additional water quality specialist in the Health 7 Department. This position will provide the County the necessary resources to: 9 # establish and manage a data repository for improved tracking of County drinking 10 water quality; 11 # identify emerging drinking water quality problems; 12 # implement intervention strategies to minimize the potential for adverse effects 13 resulting from exposure to contaminated drinking water supply; 14 # provide ongoing education to residents in affected areas in the County about 15 specific water contamination issues; 16 # provide public health input on aquifer protection issues; and 17 # enhance investigation and reporting of water borne disease. 18 19 He stated he had made a formal request to United States Geological Survey (USGS) for 20 further study to delineate the extent of the water quality problems and the Washington State 21 Health Department to review and study all Group A public water systems withdrawing from the 22 Sumas- Abbotsford aquifer to ensure the systems are appropriately monitored for pesticide 23 contamination. Additionally, if further sampling or monitoring is necessary, he would request 24 the state provide funding to complete any testing necessary to ensure public safety. He also 25 requested information regarding funding available to assist private well owners with the costs of 26 well testing. He commended Ms. Keene and RE Sources for all their work done in this area. He 27 also addressed Mr. Wlaznak =s concern about stormwater management. 28 29 CONSENT AGENDA 30 31 Dawson reported for Finance and Administrative Services Committee and moved approval 32 of items 1 -11. 33 34 Brown requested pulling #6; Nelson requested pulling #11. 35 36 Motion to approve items 1 through 5 and items 7 through 10 carried unanimously. 37 38 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN 39 AGREEMENT WITH COMPU -TECH TO BRING THE SYSTEMS INTO 40 YEAR 2000 COMPLIANCE IN THE OFFICES OF THE ASSESSOR AND 41 TREASURER (AB98 -047) 42 43 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE 44 PURCHASE OF TRAFFIC LINE PAINT, GLASS BEADS AND HERBICIDES Regular Council Minutes, 2/10/98, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AT THE PRICES MADE AVAILABLE THROUGH THE WASHINGTON STATE CONTRACT: MORTON INTERNATIONAL FOR ROAD STRIPING PAINT, POTTER INDUSTRIES FOR GLASS BEADS, AND WILBER -ELLIS FOR HERBICIDES (AB98 -048) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF DRUG TESTING AGENTS FROM ABBOTT LABORATORIES AT THE PRICES MADE AVAILABLE THROUGH THE WASHINGTON STATE CONTRACT (AB98 -049) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF VACCINES FROM CARDINAL HEALTH INC., WHICH HAS THE WASHINGTON STATE CONTRACT (AB98 -050) 5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO FOLLOW THE BROKER =S RECOMMENDATION REGARDING PROPERTY INSURANCE RENEWAL (AB98 -051) 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM FOR HAZARDOUS WASTE AND YARD WASTE OPERATING COSTS (AB98 -052) Brown would like to see signage on roadways which would direct people to these waste sites. Imhof requested Administration look into the signage. Hoag stated it was corrected to remove yard waste. Brown moved approval. Motion carried unanimously. 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT FOR PRISONER TRANSPORT WITH SNOHOMISH COUNTY CONTINGENT ON PASSAGE OF THIS PORTION OF THE 1998 SUPPLEMENTAL BUDGET REQUEST #1 (AB98 -077) 8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT FOR PRISONER TRANSPORT WITH THE CITY OF MARYSVILLE CONTINGENT ON PASSAGE OF THIS PORTION OF THE 1998 SUPPLEMENTAL BUDGET REQUEST #1 (AB98 -078) 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT FOR PRISONER TRANSPORT WITH THE CITY OF LYNNWOOD CONTINGENT ON PASSAGE OF THIS PORTION OF THE Regular Council Minutes, 2/10/98, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 1998 SUPPLEMENTAL BUDGET REQUEST #1 (AB98 -079) 10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER, ACCEPT, AND SIGN A DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT AWARD USED TO ASSIST WITH THE PURCHASE OF AND TO EQUIP A MULTIPURPOSE RESPONSE VEHICLE CONTINGENT ON PASSAGE OF THE PORTION OF THE 1998 SUPPLEMENTAL BUDGET REQUEST #1 (AB98 -080) 11. RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN FOR WHATCOM COUNTY EMPLOYEES WITH ICMA/RETIREMENT CORPORATION IN ADDITION TO ITT HARTFORD (AB98 -081) Nelson moved to amend the resolution by striking the last line of the resolution on page 99 of the packet: F. . . . �ee�eettre� :e�:es�eeeersrs�r:�r.© Nelson briefly explained his reason to amend. Also commenting briefly was Dave Wareing, Executive =s Office. Motion carried unanimously. Motion to approve the amended resolution carried unanimously. PUBLIC HEARING 1. ORDINANCE ESTABLISHING A 25 MPH SPEED LIMIT ON THE ENTIRE LENGTH OF LAKEVIEW STREET (AB98 -067) Ed Henken, Public Works, stated he was available to answer any questions. Imhof opened the public hearing, and no one spoke. Imhof closed the public hearing. Nelson moved approval of the ordinance. Motion carried unanimously. 2. ORDINANCE ESTABLISHING A 25 MPH SPEED LIMIT ON ALL ROADS WITHIN THE PLAT OF PADDEN HEIGHTS (AB98 -068) Ed Henken, Public Works, stated he was available to answer any questions. Regular Council Minutes, 2/10/98, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Imhof opened the public hearing, and no one spoke. Imhof closed the public hearing. Dawson moved approval of the ordinance. Motion carried unanimously. 3. ORDINANCE ESTABLISHING A 25 MPH SPEED LIMIT ON ALL ROADS WITHIN THE PLAT OF POINT WHITEHORN (AB98 -069) Ed Henken, Public Works, stated he was available to answer any questions. Imhof opened the public hearing, and no one spoke. Imhof closed the public hearing. Nelson moved approval of the ordinance. Motion carried unanimously. 4. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP, MINERAL RESOURCES LANDS SPECIAL DISTRICTS FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN (AB98 -070) Jeff Griffin, Planning and Development Services, gave a staff report explaining surface mining in the designated mineral area. (Clerks Note: Tape 1, side B) Imhof opened the public hearing, and the following person spoke: Lesa Starkenburg - Kroontje, representing the Whatcom Sand & Gravel Association Hearing no one else, Imhof closed the public hearing. Hoag questioned the overhead map (Map 21), as Map 21 in the packet does not match. Griffith explained the map is from the Comprehensive Plan. The map in question by Hoag was the Alittle= map appearing on each map page, which was the city of Sumas boundaries. Brown questioned the interim mineral resource land (MRL) map changes. Griffin responded. Nelson moved approval of the ordinance. Regular Council Minutes, 2/10/98, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 There was brief discussion on the motion. Topics discussed included scalping criteria designation, and appropriateness of the maps. Motion carried 6 -1 with Brenner opposed. 5. REQUEST TO AMEND THE SOLID WASTE DISPOSAL DISTRICT EXCISE TAX ORDINANCE TO FACILITATE CONSISTENCY WITH RCW 36.58.140 AND DISTRIBUTION OF TAX FUNDS TO TREASURER AND PROSECUTOR TO ASSIST RECOVERY OF THEIR COSTS (AB98 -071) Jeff Monsen, Public Works Director, gave a brief staff report. Imhof opened the public hearing, and no one spoke. Nelson moved approval. Motion carried unanimously. OTHER ITEMS 1. ORDINANCE AMENDING THE 1998 BUDGET, REQUEST #1 (AB98 -073) Dawson reported for Finance and Administrative Services Committee and moved approval of the ordinance. Motion carried unanimously. Hoag moved to amend the ordinance to remove item #5 for discussion. (Clerk's Note: Number 5: Appropriate $9, 000 to Bellingham Whatcom Economic Development Council to provide additional funding to bring the funding level to $15, 000 which was the amount granted in the 1997 budget) Motion carried. (Clerks Note: Clerk was unable to distinguish the exact vote. The motion was to remove item #5 for discussion purposes only) Nelson moved point of order and explained parliamentary procedure -- withdrawing an item is not an option; discussion, however, may take place. Brown addressed items #4 and #5. (Clerk's Note: Number 4: Appropriate $20, 000 to Womencare Shelter to provide one- time funding to assist with construction costs associated with remodeling a residential property for use as Whatcom County's domestic violence shelter) Regular Council Minutes, 2/10/98, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 There was discussion regarding the pros and cons of these two items. Nelson again spoke to parliamentary procedure, as well as commented on this ordinance. Further comments followed. Brown moved to amend the ordinance by removing items #4 and #5. Motion to delete #4 failed 1 -6 with Brown in favor. Motion to delete #5 failed 3- 4 with Brenner, Hoag and Brown in favor. Motion to adopt the ordinance carried 4 -3 with Hoag, Brown, and Brenner opposed. 2. RESOLUTION REGARDING THE INTERIOR COLUMBIA BASIN ECOSYSTEM MANAGEMENT PROJECT (AB98 -045) Hoag reported for Natural Resources Committee and noted this item was tabled for further information. 3. RESOLUTION AUTHORIZING THE EXECUTIVE TO EXCHANGE PROPERTY AND GRANT AN EASEMENT OVER PUBLIC LAND ADJUST A BOUNDARY LINE WITH SECTION 6, TOWNSHIP 38 NORTH, RANGE 4 EAST, W.M. (AB98 -082) Brenner reported for Public Works and Capital Projects Committee and recommended approval of the resolution. Motion carried unanimously. 4. DISCUSSION REGARDING VAN WYCK ROAD COMPLAINT FILED BY GREG AND CINDY ANDERSON AND GEORGE LEONARD (AB97 -413) Brenner reported for Public Works and Capital Projects Committee and noted staff was directed to return to the next meeting with a proposal for placing Van Wyck Road into the County road system, as well as a general proposal so this process does not have to be revisited. 5. ORDINANCE ESTABLISHING TIME LINES AND PROCEDURES FOR SUBMITTAL OF PROPOSED AMENDMENTS TO WHATCOM COUNTY CODE TITLE 20 AND THE OFFICIAL ZONING MAP FOR WHATCOM COUNTY, PLANNING COMMISSION REVIEW, TRANSMITTAL OF PROPOSED AMENDMENTS TO WASHINGTON STATE, AND COUNTY COUNCIL APPROVAL THEREOF (AB97 -409) Sutter reported for Planning and Development Committee and recommended approval. Regular Council Minutes, 2/10/98, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Motion carried unanimously. 6. ORDINANCE ESTABLISHING TIME LINES AND PROCEDURES FOR SUBMITTAL, INITIATION, REVIEW AND APPROVAL OF PROPOSED COMPREHENSIVE PLAN AMENDMENTS (AB97 -410) Sutter reported for Planning and Development Committee and moved approval. Motion carried unanimously. 7. REQUEST AUTHORIZATION TO ENTER INTO A CONCOMITANT AGREEMENT BETWEEN WHATCOM COUNTY AND LARRY JORDAN (AB98 -086) Sutter reported for Planning and Development Committee and moved approval. Motion carried unanimously. 8. REQUEST TO AMEND THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE TO REVISE THE STANDARDS FOR ACCESSORY HOUSING UNITS, THE ZONES AND LOCATIONS WHERE THEY ARE PERMITTED AND THE PROCEDURE FOR PROCESSING APPLICATIONS (AB98 -072) Sutter reported for Planning and Development Committee and stated this is being held in committee. A public hearing will be scheduled. 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN ANNEXATION AGREEMENT AND AMENDMENT #1 WITH THE CITY OF LYNDEN (AB98 -075) Sutter reported for Planning and Development Committee and moved approval. There was brief discussion on the motion regarding previous agreements between various entities regarding meeting standards. Motion carried unanimously. 10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AMENDMENT #3 TO THE CITY OF BELLINGHAM ANNEXATION AGREEMENT WITH WHATCOM COUNTY (AB98 -076) Sutter reported for Planning and Development Committee and moved approval. Motion carried unanimously. Regular Council Minutes, 2/10/98, Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 11. REQUEST FROM THE PLANNING COMMISSION TO DENY A REQUEST TO AMEND THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL, ONE DWELLING UNIT PER FIVE ACRES (R5A) TO RURAL, ONE DWELLING UNIT PER TWO ACRES (R2A) FOR 7.94 ACRES IN THE LYNDEN/NOOKSACK VALLEY SUBAREA (AB98 -083) Sutter reported for Planning and Development Committee and moved to uphold the Planning Commission recommendation to deny the rezone. Motion carried unanimously. 12. RESOLUTION ADOPTING RECOMMENDATIONS FOR 1997 OPEN SPACE /TIMBER (AB98 -085) Sutter reported for Planning and Development Committee and moved approval. A scrivener error was noted. Motion carried unanimously. 13. APPEAL OF THE DECISION OF THE DIRECTOR OF PUBLIC WORKS REGARDING TRAIL PERMIT #97 -0030 FILED BY PHIL SERKA FOR MR. AND MRS. BERT BROCK (AB98 -043) This item was withdrawn until a later meeting. INTRODUCTION ITEM Nelson moved acceptance of the introduction item. Motion carried unanimously. 1. ORDINANCE TO AMEND THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM LIGHT IMPACT INDUSTRIAL (LII) TO URBAN RESIDENTIAL FOUR UNITS PER ACRE (UR4) FOR APPROXIMATELY 33 ACRES IN THE BIRCH BAY - BLAINE SUBAREA (AB98 -084) (Clerks Note: Tape 2, side A) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Endangered Species Act (AB98 -088): Hoag reported that Natural Resources Committee unanimously approved requesting Council send a letter of support for the planting of Regular Council Minutes, 2/10/98, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 salmon eggs to Council of Governments (COG). Dawson had a draft outline of the letter. Hoag moved approval of sending the letter to COG. Motion carried unanimously. Water Issues (AB98 -024): Brenner brought up discussion regarding moving on Executive Kremen =s request for a water quality specialist. Kremen explained that the only item necessary to be brought forward to Council at this point would be a request for a budget item that would exceed the $15,000 for the proposed study with USGS. It was his understanding the proposed study would cost between $30- 32,000; if it were $30,000, a request would not need to be made, as it would be a 50150 match. Nelson moved Chair send a Memorandum of Understanding (MOU) and support from Council and the Executive =s desire to move forward to the water resource management individual for the Health Department. Motion carried unanimously. Endangered Species Act (AB98 -088): Brown expressed concerns about this Act and requested a list of costs involved for different aspects of testing wells, etc., for water quality. Sutter called attention to her memo to Council members regarding her notes from the International Mobility and Trade quarter project meeting. There was much information and much happening. She also noted February 12 is the first meeting of the Water Advisory Committee for the Water Resources Council. February 26 will be the County -wide water fair, which is put on by COG to familiarize people with the events of the Water Resources Management Council. Nelson noted February 12 at 10 a.m. in the Public Library is the Forestry Forum meeting. The purpose is the protection of the Lake Whatcom Watershed. Regarding the Endangered Species Act, he informed Brown there is a web site. Washington State (AB98 -001): Imhof pointed out he has a list of the legislation currently going through Olympia. He commented briefly. ADJOURN The meeting was adjourned at 8: 45 p.m. Regular Council Minutes, 2/10/98, Page 10 I NaDean Hanson, Recording Secretary 2 3 These minutes were approved by Council on 51998. 4 5 ATTEST: WHATCOM COUNTY COUNCIL 6 7 9 10 11 WHATCOM COUNTY, WASHINGTON Dana Brown - Davis, Council Clerk Robert Imhof, Council Member Regular Council Minutes, 2/10/98, Page 11