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HomeMy WebLinkAboutCouncil March 24 1998I WHATCOM COUNTY COUNCIL 2 Regular Council Meeting 3 4 March 24, 1998 5 6 The meeting was called to order at 7 p.m. by Council Chair Robert Imhof in the 7 Council Chambers, 311 Grand Avenue. 8 9 Also Present: Absent: 10 Kathy Sutter None 11 Ward Nelson 12 Marlene Dawson 13 Barbara Brenner 14 Connie Hoag 15 Tom Brown 16 17 ANNOUNCEMENTS 18 19 Imhof reported that Committee of the Whole met in executive session to discuss 20 pending litigation and a settlement (AB98 -020), as well as setting Council policy 21 housekeeping items - -not discussed in executive session (AB98 -019). 22 23 Imhof announced a Council member was needed for canvassing the special 24 elections on Thursday, May 7, at 9 a.m. and Friday, May 8, at 1:30 p.m. Since no one 25 could commit at this time for both days, Imhof stated this item would be revisited at the 26 next Council meeting. 27 28 APPROVAL OF MINUTES 29 30 APPROVAL OF MINUTES FOR THE REGULAR COUNCIL MEETINGS OF 31 JANUARY 13, JANUARY 27, FEBRUARY 10, AND FEBRUARY 24, 1998. 32 33 Imhof announced the January 13 and February 10 minutes were pulled by 34 the Council Clerk. 35 36 Nelson moved approval of the January 27 and February 24 minutes. 37 38 Motion carried unanimously. 39 40 OPEN SESSION 41 42 The following people addressed Council: 43 44 Bob VanWeerdhuizen, 7026 Noon Road, Everson: Equipment on road (AB98 - 45 024). Imhof stated he will follow through on this. Council Minutes, 3/24/98, Page 1 I Sherilyn Wells, 1020 Geneva: Growth Management Proceedings (AB97 -169); 2 Water issues (AB98 -045) 3 Ivan Buma, representing Whatcom Farmer's Coop, 8535 Depot Road, Lynden: 4 Equipment on road (AB98 -024). Imhof stated he will follow through on this. 5 Jim Smith (no address given): Personal concerns with Indian tribes regarding 6 lack of due process (AB98 -024) (on file) 7 Richard Gilda, Jensen Road: Distribution and effectiveness of non - profit funds 8 (AB98 -024); RESources 9 Amanda Ganyon, 1213 Whatcom Street: Requested Council packets be available 10 to the public library 11 Victoria Julius: Council of Governments' Intergovernmental Task Force with the 12 Lummi Tribe; tribal due process (AB98 -024) 13 14 Dawson thanked Lummi Tribal Council members for attending the Council 15 meeting. She reminded them of the hearing in Seattle on April 7 concerning sovereign 16 immunity and the lack of civil rights. 17 18 CONSENT AGENDA 19 20 Dawson reported for Finance and Administrative Services Committee and moved 21 approval of items 1 through 4 and items 6 through 8. Item 5 was withdrawn for full Council 22 consideration. 23 24 Motion carried unanimously. 25 26 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A 27 CONTRACT WITH ERICCSON, INC. FOR THE PURPOSE OF PROVIDING 28 AN UPGRADE TO THE TELEPHONE SYSTEM IN THE AMOUNT OF 29 $50,623 (AB98 -121) 30 31 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD THE 32 BIDS FOR TWO CLASS G ASPHALT PRELEVEL PROJECTS (BID #98 -21 33 IN THE NORTH CENTRAL AREA IN THE AMOUNT OF $378,308, AND 34 BID #98 -22 IN THE NORTHEAST AREA IN THE AMOUNT OF $235,045) 35 TO THE LOWEST RESPONSIVE BIDDER, WILDER CONSTRUCTION 36 COMPANY, INC., IN THE TOTAL AMOUNT OF $613,353 (AB98 -122) 37 38 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A 39 CONTRACT BETWEEN THE WHATCOM COUNTY HEALTH AND 40 HUMAN SERVICES DEPARTMENT AND LAKE WHATCOM 41 RESIDENTIAL AND TREATMENT SERVICES TO PROVIDE SUPPORTED 42 LIVING SERVICES FOR MENTAL HEALTH CLIENTS IN THE AMOUNT 43 OF $63,840 (AB98 -123) 44 45 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A 46 CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM Council Minutes, 3/24/98, Page 2 I COUNSELING & PSYCHIATRIC CLINIC TO PROVIDE A VARIETY OF 2 MENTAL HEALTH SERVICES IN THE AMOUNT OF $133,553 (AB98 -124) 4 5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO 5 AN AMENDED INTERLOCAL AGREEMENT BETWEEN WHATCOM 6 COUNTY AND THE CITY OF BELLINGHAM TO OPERATE THE 7 LAKEWAY DRIVE YARD WASTE COLLECTION FACILITY AND FOR 8 TRANSPORT OF MATERIAL TO A PERMITTED COMPOST FACILITY 9 IN THE AMOUNT OF $50,000 (AB98 -125) 10 11 Dawson stated committee thought the $50,000 might be better served by diverting 12 those funds to the County to create a clean green facility in the northern area. 13 14 Ravyn Whitewolf, Solid Waste, addressed this issue by stating the County needs 15 to authorize the export of solid waste. The Solid Waste Executive Committee, consisting 16 of the small cities and elected officials, as well as the Advisory Committee, reviewed this 17 issue of exportation. The Executive Committee recommended the funding to support the 18 Lakeway clean green center exclusive of the fact that Bellingham is using the saved funds 19 to export solid waste to Skagit County instead of local use. The Advisory Committee 20 recommended staff evaluate the impact of that export before going to Council. 21 22 Imhof inquired why the requested funding remains the same as last year if only 23 one -half the amount is being paid for hauling. Whitewolf responded that County's 24 participation was for the operation of the center as well as some of the trucking costs; it 25 never completely paid for those trucking costs. 26 27 Brenner inquired of the operating hours. Nelson was concerned about the 28 unavailability of burning in the rural areas in the year 2000, thus allowing yard waste to 29 become a critical mass issue, especially regarding disposal. Bellingham does not always 30 accommodate the rural areas. He was concerned about finding other areas able to handle 31 yard waste and inquired how this would be distributed to other access areas. Discussion 32 followed. Sutter pointed out RECOMP is being used by County residents (for a fee). 33 When the burn ban becomes effective, the County will have to have at least one County 34 facility where yard waste can be taken. 35 36 Hoag was concerned about costs and savings for the County. Whitewolf stated 37 Bellingham has always borne the weight of the costs and will realize the savings. The 38 funding for this comes from the Solid Waste Excise Tax, of which Bellingham pays 40 %. 39 Imhof pointed out the burn ban is a federal congressional edict. 40 41 (Clerk's Note: Tape 1, side B) 42 43 Brenner inquired about the operating costs of the Lakeway facility. Bill Englander, 44 Bellingham City Solid Waste Program Manager, responded the requested funding covers 45 the operation and maintenance of the site, as well as part of the trucking costs. The Council Minutes, 3/24/98, Page 3 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 45 46 processing costs, completely outside these monies, are $65 per ton. The Solid Waste Utility Tax was increased last year to cover the proposed processing costs. The facility is opened on weekends only. Brown addressed the traffic issue around the facility. He stated the burning ban will affect urban growth areas. Nelson moved approval and requested Administration direct discussion on the handling of the burn ban issue for the year 2000. Motion carried unanimously. 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A JOINT FUNDING AGREEMENT WITH USGS FOR A WHATCOM COUNTY EARLY FLOOD WARNING SYSTEM WITH A TOTAL PROJECT COST OF $70,070; WHATCOM COUNTY =S ESTIMATED SHARE IS THE AMOUNT OF $23,925 (AB98 -126) 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE NATURAL RESOURCES CONSERVATION SERVICE (MRCS) FOR THE CONTINUATION OF THE WHATCOM COUNTY EARLY FLOOD WARNING SYSTEM FOR FIVE YEARS IN THE AMOUNT OF $5,000 PER YEAR, NOT TO EXCEED A FIVE -YEAR TOTAL AMOUNT OF $25,000 (AB98 -127) 8. RESOLUTION SETTING A HEARING AND NOTICE OF HEARING ON DECLARING COUNTY -OWNED PROPERTY TO BE SURPLUS AND AVAILABLE FOR DISPOSAL AT A PUBLIC AUCTION, REQUEST #95 -61 (AB98 -128) PUBLIC HEARING 1. 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) Sylvia Goodwin, Planning and Development Services Manager, gave a staff report. She stated this was expanded to include farm worker housing. She summarized the effects of approval of this ordinance. Goodwin suggested adding a definition of "travel trailer" and "motor home ", which is in the RCWs. Imhof opened the public hearing, and the following people spoke: Gail Pattenaude, 5809 Aldrich Road Sheri Willson (no address given) Council Minutes, 3/24/98, Page 4 I Hearing no one else, Imhof closed the public hearing. 2 3 Nelson moved to adopt. 4 5 Brown moved to amend by noting the ordinance was proposed and sponsored by 6 Barbara Brenner. 7 8 Motion carried unanimously. 9 10 Brenner moved to amend by adding language on packet page 280, number 9, lines 11 22 through 24, to read: `When we got back the Findings from the Growth Board, they 12 talked about a problem, an invalidity with smaller density acreage than five acres, and 13 what they said —I'm just paraphrasing —was that unless you can show proof of historic 14 pattern that we do not generally support smaller acreage and if you have just a zoning of 15 something as a small acreage zoning, that in of itself does not signify that that should be 16 small acreage zoning just because you have it zoned that way. But if there is a historic 17 pattern of development to that size, then that's a different issue, and we have to come back 18 to them showing patterns of development that would prove our case." 19 20 She stated number 9 was not as it was in committee; rather, number 5 of the 21 Conclusions applied. She suggested deleting number 9 or adding "generally" to 22 number 9 to read: 23 24 "The Western Washington Growth Management Hearings Board has ruled 25 that gene densities of one unit per two acres...." 26 27 Discussion followed. 28 29 Motion to amend carried 6 -1 with Hoag opposed. 30 31 Discussion followed. Brenner was concerned about packet page 284, line 18, 32 regarding "within 50 feet of an adjoining property ". She felt this section went beyond the 33 scope of what was intended. Sutter replied that was what was discussed in committee. Hoag 34 disagreed. There was further discussion. 35 36 Dawson suggested changing the language in that section by adding "due to a 37 physical constraint," after "50 feet of an adjoining property ". Hoag suggested placing the 38 added language before "50 feet... ". 39 40 Imhof suggested the added language to read - -which Brenner accepted as a motion 41 to amend: 42 43 "If an accessory housing unit is located closer to the property line 44 than the primary residence or within 50 feet of the adjoining 45 property line, the applicant must provide a statement of non - 46 objection from the adjacent property owner." Council Minutes, 3/24/98, Page 5 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 45 46 Michael Knapp, Planning and Development Services Director, stated the County did not have any ownership to the 50 feet. Motion to amend carried unanimously. Hoag moved to amend by reducing the size of all the accessory housing units that refer to "1,248" to "1,000 ". There was discussion on the motion. Hoag accepted as a friendly amendment Dawson's compromise of 1,100 square feet. After further discussion of square footage, Hoag accepted Brown's suggestion of 1,104 square feet as a friendly amendment. There was further discussion on square footage. Imhof restated Hoag's motion to amend to lower the square footage to 1,104. Motion to amend failed 2 -5 with Hoag and Imhof in favor. Hoag expressed the opinion to leave the language in the agricultural section as is regarding the type of structure. Goodwin read the federal and RCW definitions of "mobile" and "manufactured" and noted committee discussion on the topic. Sutter moved to amend by changing "manufactured" to "mobile" wherever temporary housing is referenced. There was discussion on the motion regarding the type of structure and other potential problems. Motion to amend failed 3 -4 with Sutter, Dawson and Imhof in favor. Dawson requested a consensus regarding accessory housing in rural forestry, packet page 304. There was discussion regarding prohibitive language; Goodwin responded. She stated there is currently no accessory housing in rural forestry. Main motion to adopt as amended carried unanimously. 2. REQUEST FOR A ONE YEAR EXTENSION OF PRELIMINARY PLAT APPROVAL FILED BY MARGARET CURTIS, P.E., FOR P.J. MURRAY- JONES (SOUTH CAPE AT SANDY POINT) (AB98 -117) Michael Knapp, Planning and Development Services Director, gave a brief report and stated his department recommended an extension, which would allow more time to consider the on -site sewage issue. Council Minutes, 3/24/98, Page 6 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 45 46 (Clerks Note: Tape 2, side A) Imhof opened the public hearing, and the following person spoke: Margaret Curtis, 805 Dupont, Suite 7 Hearing no one else, Imhof closed the public hearing. Brenner moved approval. Motion carried unanimously. 3. ORDINANCE ESTABLISHING THE PORTAGE BAY SHELLFISH PROTECTION DISTRICT IN THE NOOKSACK WATERSHED (AB98- 046A) report. George Boggs, Whatcom Conservation District, District Coordinator, gave a staff Imhof opened the public hearing, and the following people spoke: Bob VanWeerdheizen, 7026 Noon Road, Everson Ravyn Whitewolf, 3224 Bay Road, Ferndale Geoff Menzies, 988 West Laurel, member of the Drayton Harbor Shellfish Protection District Advisory Committee Hearing no one else, Imhof closed the public hearing. Sutter moved to adopt. There was discussion on the motion. Topics discussed included hiring two full -time employees for two years; contract between agencies for work performance; Best Management Practices (BMP); cross jurisdictional enforcement; district boundaries encompassing the entire watershed; and County enforcement officer. Boggs pointed out a Memorandum of Understanding (MOU) was proposed to facilitate communication for enforcement and avoid duplication among county, federal, and state agencies. Brenner proposed changing the language on Task I to hiring two full -time persons instead of employees for two years, which would allow the County to contract rather than having it be County employees. Karen Frakes, Prosecuting Attorney's Office, replied the County latitude remains. Brenner then withdrew her motion. Council Minutes, 3/24/98, Page 7 I Brad Bennett, ADS Finance, pointed out the language regarding Attachment B is very 2 specific to the General Fund as the funding source. Hoag stated the document showed the 3 funding options only. 4 5 Hoag reported for Natural Resources Committee. The boundaries now include where 6 the forks of the Nooksack River join. 7 8 Hoag moved to amend by including all the Nooksack Watershed, including the 9 additional items that are included in the Everson area, in the District. 10 11 There was discussion on the motion. Topics included contamination levels; Lake 12 Whatcom; and the reason these boundaries are included. 13 14 Boggs commented regarding contamination levels, testing and monitoring sites. 15 16 Motion to amend carried 4 -3 with Brenner, Sutter, and Brown opposed. 17 18 Sutter commented that the Drayton Harbor Closure Response Strategy has not been 19 formally adopted by the County. She requested that be added to the ordinance, which 20 Imhof thought was inappropriate at this time. She requested it be put in Natural Resources 21 Committee. 22 23 Main motion to adopt carried 6 -1 with Hoag opposed. 24 25 Sutter requested a Council member be appointed to the Portage Bay Shellfish 26 Protection District Committee. 27 28 (Clerks Note: Tape 2, side B) 29 30 OTHER ITEMS 31 32 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 6.04, ANIMAL 33 CONTROL (AB98 -103) 34 35 Dawson reported for Finance and Administrative Services Committee and stated 36 Nelson requested to withhold pending a public hearing. Nelson commented and introduced 37 Susan Donato, Whatcom County Animal Control Administrator, and Debra Akre, who 38 requested this ordinance, to the Council pending any questions from Council members. He 39 stated the purpose of the hearing was due to the potential changes occurring in the ordinance 40 regarding cross - breeding. The fee structure will also be discussed at the hearing, which will 41 be held April 7. 42 43 2. APPROVAL OF CONTRACT WITH OWENS, DAVIES, MACKIE TO PROVIDE 44 LEGAL SERVICES AS THE COUNTY APPEALS THE DECISIONS OF THE 45 WESTERN WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD 46 IN CASE NUMBERS 94-2-0009,96-2-0008, AND 97- 2 -0030C (AB98 -120) Council Minutes, 3/24/98, Page 8 2 Dawson reported for Finance and Administrative Services Committee and moved 3 approval. 4 5 Sutter stated that contrary to Sherilyn Wells' comment regarding the expenditure 6 of these monies to fight growth management, these monies are actually being expended to 7 try to bring the County into compliance with growth management. Imhof also commented 8 regarding the same. There was further discussion. Topics discussed included using 9 County attorneys instead, and support of small towns. 10 11 Karen Frakes, Prosecuting Attorney's Office, commented regarding a scrivener 12 error on packet page 20 and that her office is handling all but the merits of the case. 13 14 Motion carried 6 -2 with Brenner and Hoag opposed. 15 16 3. COUNCIL ACTION ON VAN WYCK ROAD COMPLAINT FILED BY GREG 17 AND CINDY ANDERSON AND GEORGE LEONARD (AB97 -413) 18 19 Brenner reported for Public Works and Capital Projects Committee and moved to 20 follow process #1 through #4 as indicated by Jeff Monsen's, Public Works Director, 21 recent memo (on file). 22 23 Jeff Monsen, Public Works Director, clarified his intentions regarding steps 1 24 through 4 in his memo (on file) were that the process of latecomers would be concluded 25 before the project would be completed so that Council would know the full financial details 26 of the project before it was completed. He stated the County Code relating to the latecomers 27 concept needs to be amended to be applicable to not only the Van Wyck Road but other 28 locations. Monsen thought the process would take approximately eight months. 29 30 There was further discussion. Topics discussed included the monies; the agreement 31 with Bellingham regarding road standards; and the specific location of the work to be done. 32 33 Motion to approve carried 6 -1 with Imhof opposed. 34 35 4. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING 36 ORDINANCE, TITLE 20, TO ALLOW COMMERCIAL STORAGE OF 37 PERSONAL RECREATIONAL BOAT AND TRAILERS, RECREATIONAL 38 TYPE VEHICLES AND MINI - STORAGE AS A CONDITIONAL USE IN THE 39 NEIGHBORHOOD COMMERCIAL ZONE (AB98 -112) 40 41 Sutter reported for Planning and Development Committee and moved approval. 42 43 Motion to adopt carried unanimously. 44 45 5. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING 46 MAP FROM RURAL FIVE ACRES (R5A) TO LIGHT IMPACT INDUSTRIAL Council Minutes, 3/24/98, Page 9 I (LII) FOR APPROXIMATELY 24 ACRES AND FROM RURAL FIVE ACRES 2 (R5A) TO GENERAL COMMERCIAL (GC) FOR APPROXIMATELY 23 3 ACRES IN THE URBAN FRINGE SUBAREA, PLUS AN ADJACENT AREA 4 OF INTERSTATE 5 RIGHT -OF -WAY IN THE CHERRY POINT - FERNDALE 5 SUBAREA (AB98 -113) 7 Sutter reported for Planning and Development Committee and moved adoption. 8 9 There was discussion on the motion. Topics of discussion included the appropriateness 10 of the zoning, and protection of the Silver Creek Watershed. 11 12 Hoag moved to amend by removing parcel #380204 - 298375, the northern half, from 13 this ordinance. 14 15 Motion to amend failed 1 -6 with Hoag in favor. 16 17 Motion to adopt carried unanimously. 18 19 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN 20 INTERLOCAL ANNEXATION AGREEMENT WITH THE CITY OF LYNDEN 21 REGARDING ANNEXATION WITHIN THE URBAN GROWTH AREA, 22 AMENDMENT #1 REGARDING THE SOUTH JUDSON ANNEXATION, AND 23 AMENDMENT #2 REGARDING THE FARMERS CO -OP ANNEXATION 24 (AB98 -129) 25 26 Sutter reported for Planning and Development Committee and moved approval. She 27 stated the request was to modify the revenue sharing portion of the agreement. As it 28 currently reads, the base value would be equal to the sales tax revenue from the I% local 29 sales tax collected in the twelve calendar months following the effective date of the 30 annexation. The city of Lynden requested additional language to read: "...and the second 31 and third anniversary respectively..." so that the base values are established by the actual 32 sales tax collected during the time between payments. She addressed the issue generating 33 this concern. Both amendments were brought forward as one motion. 34 35 Motion carried unanimously. 36 37 7. REQUEST FROM THE PLANNING COMMISSION TO AMEND THE 38 OFFICIAL WHATCOM COUNTY ZONING MAP FROM AGRICULTURE 39 (AG) TO RURAL TEN ACRES (R10A) FOR APPROXIMATELY 60 ACRES 40 IN THE LYNDEN - NOOKSACK VALLEY SUBAREA (AB98 -130) 41 42 Sutter reported for Planning and Development Committee. She stated the Planning 43 Commission recommended approval 3 -4, which was not a majority to forward it with a 44 recommendation and noted there were three options: 45 46 • Place this on the Comprehensive Plan Amendment Docket to return it 47 to an agricultural designation to be subject to a public hearing; Council Minutes, 3/24/98, Page 10 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 45 46 47 • Proceed with a rezone without a recommendation for approval from the Planning Commission; or • Return it to the Planning Commission for another hearing. Sutter stated this item came before Council with a recommendation for a public hearing. Sylvia Goodwin, Planning and Development Services Manager, stated committee agreed to consider the rezone, which would involve holding a public hearing because of the Planning Commission's recommendation. If a Comp Plan amendment were considered, the zoning would remain as ag. Brenner addressed her committee motion to hold a public hearing. Discussion followed on procedure. Goodwin suggested a public hearing be held on the rezone to R10; if Council decides not to rezone it after a public hearing, then it can be placed in the batch for the Comp Plan amendment. Goodwin pointed out the property in question is zoned ag and is designated rural (R10A) in the Comp Plan. Further discussion followed. Sutter moved to hold a public hearing on the rezone. Motion carried unanimously. 8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN AN APPLICATION FOR A CLASS A LIQUOR LICENSE FOR THE DEMING SPEEDWAY, LOCATED AT 4605 DEMING ROAD, DEMING (AB98 -131) Nelson moved approval. Motion carried unanimously. 9. APPOINTMENT OF TWO COUNCIL MEMBERS TO SERVE ON THE INTERGOVERNMENTAL TRIBAL RELATIONS COMMITTEE (AB98 -140) Nelson nominated Marlene Dawson. Dawson nominated Ward Nelson. Imhof moved approval by acclamation. Hoag inquired about the number of Council members serving. Dawson gave background information. She stated this will be a yearly appointment. Brenner nominated herself. Discussion followed regarding Tribal Council meetings. Nelson explained the reasoning for two Council members. Hoag then stated her concerns regarding Dawson as a committee representative. Council Minutes, 3/24/98, Page 11 Ua 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 Imhof closed the nominations. Dawson and Nelson were appointed. INTRODUCTION ITEMS Dawson moved to accept the introduction items. Motion carried unanimously. 1. RECEIPT OF APPEAL OF THE HEARING EXAMINER =S DECISION ON FILE NO. CUP94 -0014 FILED BY JAMES WEST (98 -114) 2. RESOLUTION VACATING A PORTION OF PORTAL WAY RIGHT -OF -WAY (AB98 -132) (HEARING TO BE SCHEDULED) 3. ORDINANCE INSTALLING STOP SIGNS ON WHITEHORN WAY, EAST AND WEST BOUND, AT HOLEMAN AVENUE (AB98 -133) (HEARING TO BE SCHEDULED) 4. ORDINANCE AMENDING THE OFFICIAL WHATCOM 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) 5. 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) 6. 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 - 13 6) 7. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM AGRICULTURE (AG) TO RURAL FIVE ACRES (R5A) FOR Council Minutes, 3/24/98, Page 12 Brenner Dawson Nelson Sutter X X Dawson X X Nelson X X Imhof X X Hoag X X Brenner X X Brown X X Dawson and Nelson were appointed. INTRODUCTION ITEMS Dawson moved to accept the introduction items. Motion carried unanimously. 1. RECEIPT OF APPEAL OF THE HEARING EXAMINER =S DECISION ON FILE NO. CUP94 -0014 FILED BY JAMES WEST (98 -114) 2. RESOLUTION VACATING A PORTION OF PORTAL WAY RIGHT -OF -WAY (AB98 -132) (HEARING TO BE SCHEDULED) 3. ORDINANCE INSTALLING STOP SIGNS ON WHITEHORN WAY, EAST AND WEST BOUND, AT HOLEMAN AVENUE (AB98 -133) (HEARING TO BE SCHEDULED) 4. ORDINANCE AMENDING THE OFFICIAL WHATCOM 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) 5. 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) 6. 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 - 13 6) 7. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM AGRICULTURE (AG) TO RURAL FIVE ACRES (R5A) FOR Council Minutes, 3/24/98, Page 12 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 45 46 47 APPROXIMATELY 33 ACRES IN THE LYNDEN NOOKSACK VALLEY SUBAREA (AB98 -137) 8. ORDINANCE AMENDING THE 1998 BUDGET, REQUEST NO. 3 (AB98 -138) 9. RESOLUTION AUTHORIZING THE SALE OF SURPLUS COUNTY -OWNED PROPERTY (AB98 -128A) (HEARING TO BE SCHEDULED) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Sutter stated Planning and Development Committee discussed gift short plats. The Technical Advisory Committee, which is working on Title 21 revisions, will be eliminating this provision from Title 21. Brown also commented and stated his concerns regarding more expense and time since this will be eliminated from Title 21. Nelson noted the meeting date change for Forestry Forum, which will be April 2. Dawson mentioned the Economic Development Council is investigating recycling water from Intalco to supply a microchip company looking at this area. Salmon Enhancement AB98 -115): Hoag moved to send Steve Seymour's report with a cover letter from Council to the Council of Governments (COG). Motion failed 1- 6 with Hoag in favor. Drayton Harbor Shellfish Protection District (AB97 -095): Hoag noted the closure response will be presented at the April 7 Natural Resources meeting. Hoag also listed the meetings she has recently attended. Lummi Law and Order (AB98 -179): Brenner noted there will be a presentation on this at the Public Works and Capital Projects Committee on April 21. Cable Administration Board (AB96 -213): Imhof addressed the issue of the Cable Administration Board. Discussion followed regarding this Board's status. ADJOURN The meeting was adjourned at approximately 10:30 p.m. Council Minutes, 3/24/98, Page 13 1 Marina Mason, Recording Secretary 3 These minutes were approved by Council on , 1998. 4 5 ATTEST: WHATCOM COUNTY COUNCIL 6 WHATCOM COUNTY, WASHINGTON 10 11 Dana Brown - Davis, Council Clerk Robert Imhof, Council Chair Council Minutes, 3/24/98, Page 14