HomeMy WebLinkAboutCouncil February 24 1998WHATCOM COUNTY COUNCIL
Regular Council Meeting
February 24, 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 the Committee of the Whole meeting was cancelled.
On March 4, there will be a Community Domestic Violence Summit at St. Luke's
Educational Center from 8:30 a.m. to 4:00 p.m. Council members were requested to be present;
Imhof stated he had documents regarding this event.
Also on March 4, the Nooksack Tribe has invited Council members to dinner at the
Nooksack Casino at 7:30 p.m.
SPECIAL PRESENTATION
PRESENTATION BY DR. RICHARD MCCLENAHAN REGARDING
COUNTY -WIDE COLO - RECTAL SCREENING (AB97 -019)
Nelson introduced a resolution proclaiming March 19, 1998 as colo - rectal cancer
awareness month in Whatcom County. He stated this would heighten awareness of the entire
community. Nelson introduced Dr. Richard McClenahan.
Dr. Richard McClenahan, a family physician, addressed Council. He stated colo- rectal
cancer is the fourth leading cause of cancer diagnosed and death in the United States. The cure
rate is high if it is detected early. Whatcom County lags behind the national average in the rate
of early detection. Colon cancer is known as the "silent disease" and presents with few if any
symptoms in the early stages. He explained the fecal occult blood test, which is a very effective
and inexpensive screening test.
St. Joseph Hospital Community Cancer Center, along with volunteer nurses and various
Regular Council Minutes, 2/24/98, Page 1
local pharmacies, will be distributing and interpreting the fecal occult blood test to residents over
50 years of age. These will be distributed free of charge for two weeks in March. Educational
events will also take place.
Nelson moved approval of the resolution.
Motion carried unanimously.
SPECIAL PRESENTATION
Pete Kremen, County Executive, addressed Council regarding County government,
speaking specifically about Planning and Development Services. He shared a letter he received
today from Bryan Jacobson, President of Pireilli Jacobson, Inc., commending Michael Knapp,
Planning Director, and the staff regarding their application for the installation of a submarine
fiber optic system. In appreciation of the department's assistance, the company made a $500
contribution to the Whatcom County Parks, Whatcom County Conservation Futures Fund.
Michael Knapp and Roland Middleton, Land Use, Planning and Development Services, were
recognized by applause, as was Sylvia Goodwin, Planning and Development Services Manager.
APPROVAL OF MINUTES
APPROVAL OF MINUTES FOR: MARCH 18 (1:00 P.M.), MARCH 18 (6:30
P.M.), MARCH 25, APRIL 1, APRIL 4, APRIL 8, MAY 13, AND MAY 20,
1997 COMPREHENSIVE PLAN WORK SESSIONS; APRIL 8 AND JUNE 3,
1997 REGULAR COUNCIL MEETINGS
Dawson moved approval.
There was discussion on the motion.
Imhof stated the minutes will be tabled for two weeks until the next meeting, March 10.
Hoag will make written comments.
Motion to table carried unanimously.
OPEN SESSION
The following people addressed Council:
Rita Foley, South Lake Whatcom: Blue Canyon Road (AB98 -100). Brenner
commented on today's committee discussion (Public Works and Capital Projects Committee).
Mike Ross, 4759 Bay Road, Birch Bay: Beacon Property (AB98 -084). Brenner
requested this item be put into Planning and Development Committee to discuss a zoning issue.
Regular Council Minutes, 2/24/98, Page 2
Claudia Hollod, 8240 Birch Bay Drive and 927 Key: Cancer Resolution (AB97 -019) and
Beacon Property (AB98 -084)
Sherilyn Wells, 1020 Geneva: Beacon Property (AB98 -084) and Interior Columbia
Basin Ecosystem Management Project Resolution (AB98 -045)
CONSENT AGENDA
Dawson reported for Finance and Administrative Services Committee and moved
approval of items 1, 2, and 4 through 9.
She requested item 3 be pulled.
Motion carried unanimously.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AMENDED CONTRACT WITH NORTHWEST YOUTH SERVICES TO
ALLOW COLLECTION OF A FEE (UP TO $75.00) FOR DIVERSION
SERVICES WITH EACH REFERRAL (AB98 -090)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH THE WASHINGTON STATE DEPARTMENT OF
COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT IN ORDER TO
RECEIVE THE 1997 -1999 GROWTH MANAGEMENT ACT INCENTIVE
GRANT IN THE AMOUNT OF $24,062.00 FOR COMPLETION OF THE
GUIDE MERIDIAN CORRIDOR STUDY (AB98 -091)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ACCEPT THE
DEPARTMENT OF ECOLOGY FLOOD CONTROL ASSISTANCE ACCOUNT
PROGRAM GRANT, TITLED "DIKING DISTRICT NO. 1 — LUMMI SEAWALL
REPLACEMENT" TO REPLACE THE LUMMI SEAWALL OUTLET CULVERTS
(AB98 -092)
Nasser Mansour, Public Works, explained the percentages. He reviewed packet page 18
regarding the costs, stating the flood section would pay 70 percent of the $190,000; the
remaining 30% would be shared equally between Roads and the Lummi Tribe.
Imhof noted he would be abstaining, as he is a member of Diking District No. 1.
Hoag commented regarding the Flood Control Advisory Committee's concern that the
Nooksack flooding remain a priority of the flood district taxes.
Dawson moved approval.
Motion carried unanimously.
Regular Council Minutes, 2/24/98, Page 3
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH SUN COMMUNITY
SERVICES TO PROVIDE TRANSITIONAL HOUSING FOR MENTAL
HEALTH CLIENTS, IN THE AMOUNT OF $25,610.00 (AB98 -093)
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH ACTION TARGET, INC. FOR PURCHASE OF A
REPLACEMENT BACKSTOP FOR THE PLANTATION INDOOR RANGE,
IN THE AMOUNT OF $107,408.69 (AB98 -094)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONSULTANT AGREEMENT WITH SVERDRUP CIVIL, INC. FOR DESIGN
OF MODIFICATIONS TO THE GOOSEBERRY POINT AND LUMMI
ISLAND FERRY TERMINALS, IN THE AMOUNT OF $38,200.00 (AB98 -095)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE LUMMI INDIAN BUSINESS
COUNCIL FOR LUMMI SHORE ROAD RESTORATION PROJECT, PHASE
III -B, IN THE AMOUNT OF $856,500.00 (AB98 -096)
8. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NOS. 996004
AND 997004 AND THE AWARD OF CONTRACT FOR THE
CONSTRUCTION OF BRIDGE AND BRIDGE APPROACH GUARDRAILS
AT THE INTERSECTION OF BEHME AND VALLEY VIEW ROADS, IN
THE AMOUNT OF $67,173.00 (AB98 -097)
9. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 998003
AND THE AWARD OF CONTRACT FOR THE STRUCTURAL OVERLAY
OF EVERSON- GOSHEN ROAD, HEMMI ROAD TO SR 544, IN THE
AMOUNT OF $526,445.00 (AB98 -098)
OTHER ITEMS
RESOLUTION REGARDING THE INTERIOR COLUMBIA BASIN
ECOSYSTEM MANAGEMENT PROJECT (AB98 -045)
Hoag reported for Natural Resources Committee and moved approval. She stated a
revised resolution was approved (on file). She then addressed Sherilyn Wells' concerns. Hoag
stated committee's main concern was that the Columbia Basin Project was outside its scope and
considerable damage would be done to the resource it was designed to protect, as well as to those
Regular Council Minutes, 2/24/98, Page 4
individuals involved in the project. Committee felt this project was not in the public's best
interest and wanted to take advantage of the studies already done and end the project before
more tax dollars are expended.
Motion carried 6 -1 with Imhof opposed.
2. 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 stated there was a
discussion even though it was withdrawn. She updated Council that a mylar update may
interfere with the processes being taken by Public Works. There will be no further information
until the next committee meeting (March 10), so this item was held in committee.
3. ORDINANCE AMENDING 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 that after lengthy
discussion, several amendments were proposed. The amended ordinance will return to Council
for a public hearing on March 24 for possible final adoption at that time.
Sylvia Goodwin, Planning and Development Services Manager, summarized the
proposed changes. Proposed changes included five -acre minimum lot size; square footage; age
or type of mobile home restriction; excluding easements and rights -of -way; accessory units
closer to the main unit than to the adjacent property lines; ag zoning code language; striking
language referring to seasonal ag employees; and adding language regarding 65% of household
income derived from working on the property.
(Clerk's Note: Tape 1, side B)
Imhof pointed out there will be committee work on this in two weeks (March 10) with a
public hearing on March 24. Those interested should contact the Council Office for amendments
and corrections to the proposed ordinance. Committee meets at 3 p.m.
4. ORDINANCE AMENDING 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)
Sutter reported for Planning and Development Committee and moved approval.
Regular Council Minutes, 2/24/98, Page 5
Sutter commented she had a copy of the concomitant agreement of November 12, 1992,
which states that "if the owners, applicant, and Whatcom County agree that if construction of
components of the film studio on the LII area is not commenced within five years of the date of
this agreement, the County will initiate proceedings to amend the Comprehensive Plan and the
zoning map to return the LII area to UR4 zoning save and except any portion of the business
park developed to the extent permitted by Clause VII of this agreement."
There was discussion on the motion.
Motion carried unanimously.
5. APPEAL OF THE DIRECTOR OF PUBLIC WORKS DECISION REGARDING
TRAIL PERMIT #97 -0030 FILED BY PHIL SERKA FOR MR. AND MRS.
BERT BROCK (AB98 -043)
See "Announcements ". This item was withdrawn.
INTRODUCTION ITEMS
Dawson moved to accept the introduction items.
Motion carried unanimously.
ORDINANCE ADOPTING INTERIM DEVELOPMENT REGULATIONS
RELATING TO GROWTH MANAGEMENT AND LAND USE
DEVELOPMENT FOR THE PURPOSES OF REGULATORY CONSISTENCY
WITH THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN
(AB98 -169C)
2. ORDINANCE ADOPTING INTERIM ZONING OVERLAY MAPS TO
IMPLEMENT THE SHORT TERM PLANNING AREAS DESIGNATED IN
THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN (AB98 -
170C)
3. ORDINANCE ESTABLISHING THE PORTAGE BAY SHELLFISH
PROTECTION DISTRICT IN THE NOOKSACK WATERSHED (AB98 -046A)
4. ORDINANCE AMENDING THE 1998 BUDGET, REQUEST NO.2 (AB98 -
102)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Washington State Association of Counties (AB98 -001): Hoag referred to a fax
Regular Council Minutes, 2/24/98, Page 6
received regarding ESSB 6515. The concern was that this would abolish the County's ability to
charge utilities a franchise fee for use of rights -of -way.
Hoag moved the County send a letter of concern that states: Whatcom County objects to
the portion of ESSB 6515 which abolishes the County's ability to charge utilities a franchise fee
for use of their rights -of -way. We respectfully request that this language be removed from the
bill.
Imhof stated the House Energy and Utility Committee wants the County to pay for the
moving of utilities when roads are widened, etc. He stated he would embellish that letter.
Motion carried unanimously.
Fish and Wildlife Tour by Council Members (AB98 -024): Sutter reported on this item
and stated that unintended consequences of well -meant legislation to protect the environment is
causing water to back up significantly on various private properties. Culverts are clogged which,
in turn, creates a situation that damages fish species habitat. Current environmental legislation
needs to be changed. Hoag gave her impression of the tour. Exemptions to be made where a
policy was giving the opposite effect of that intended were examined.
Lake Whatcom Management Committee (AB98 -017): Sutter reported on this
committee meeting. There is more activity than what is realized. There is coordinated planning
between the city, the County, and Water District #10.
Economic Summit (AB98 -026): Sutter stated she met with representatives of the
Chamber of Commerce, the Economic Development Council, Council of Governments, and the
County Executive regarding this summit. Hopefully, the summit will occur this summer.
Water Fair (AB97 -113): Sutter pointed out this fair will be in Lynden on Thursday,
February 26, from 5:00 p.m. to 8:30 p.m. at the Fairgrounds. This will introduce the community
to the new Water Resources Management Council and enlist community support and
participation in water resources management.
Endangered Species (AB98 -101): Dawson reported on the six points she had drafted
which were discussed in Natural Resources Committee. She suggested those points would be
discussion items to forward to Council of Governments (COG) for its discussion. Dawson
modified #5:
"Fishing on the river should be strictly limited or not allowed until the number of
fish leaving returning to the river reaches acceptable levels."
She stated federal and state regulations often appear to damage instead of protect the
resource.
She moved approval of the six items to be forwarded to COG for its discussion and then
Regular Council Minutes, 2/24/98, Page 7
read the six items:
Request that the state develop data wherein it is only the count of fingerlings
leaving the river that is considered for environmental purposes.
Encourage state support for hatchery cultivation of Spring Chinook. Perhaps
specific rivers could be identified for hatchery brood.
Encourage the state to discontinue the practice of selling Spring Chinook eggs to
foreign markets and instead put them into productive fish enhancement. If that
cannot be done, the revenue from such sales needs to go toward improving fish
runs, not into the general fund.
Work with the appropriate agencies to allow river gravel extraction.
Fishing on the river should be strictly limited or not allowed until the number of
fish returning to the river reaches acceptable levels.
Closure of identified sensitive spawning areas of the river to 'tubing' .
Motion carried unanimously.
Nelson noted he met with the Community Health Partnership Committee dealing with
economics. They requested coordination with the County; Sutter is the Council representative
with the Economic Development Council.
Also, Nelson will be meeting in Seattle regarding a needle exchange program.
Nooksack Recovery will meet from 9:00 a.m. to 3:30 p.m. at the Lummi Community
Center on March 5.
The RSN and the Northwest Regional Council Meeting will be held Thursday,
February 26.
Washington State Association of Counties (AB98 -001): Imhof reported on the Kelso
Freeholder meeting. He spent time in Olympia attempting to salvage road funding programs.
He noted there is a consolidation agreement to combine the County Road Administration Board,
the Transportation Improvement Board (city issues), and Trans -Aid (state road issues).
Pete Kremen, County Executive, informed Council members they will, along with the
Nooksack Tribal Council and the Lummi Indian Business Council, be honored guests at a
reception to be held March 20 at the Roeder Home from 5 -8 p.m. Kremen will use his personal
funds for this event. No business will be conducted that evening.
Regular Council Minutes, 2/24/98, Page 8
ADJOURN
The meeting was adjourned at 8:10 p.m.
Jill Nixon, Recording Secretary
These minutes were approved by Council on , 1998.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Robert Imhof, Council Chair
Regular Council Minutes, 2/24/98, Page 9