HomeMy WebLinkAboutCouncil May 5 19981
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WHATCOM COUNTY COUNCIL
Regular Council Meeting
May 5, 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:
Barbara Brenner None
Marlene Dawson
Kathy Sutter
Ward Nelson
Tom Brown
Connie Hoag
ANNOUNCEMENTS
Imhof announced that during Committee of the Whole, Council members discussed and
approved a memorandum of agreement between the Lummi Nation, the Nooksack Tribe, and the
County (AB98 -193).
He also announced that the Whatcom Transit Authority (WTA) hearing on a proposed fare
increase was mistakenly reported as taking place this evening and is scheduled for tomorrow
evening at 6:30 p.m.
Imhof welcomed the Boy Scout Troop sponsored by the Bakerview Christian Church.
They are working on their communications badge.
He also announced the following:
• The 92nd annual convention of the Washington State Association of Counties will be
held June 9 -12.
• The Association of Counties is holding a local government workshop on the
Endangered Species Act at the Marriot Sea -Tac on Friday, May 7.
APPROVAL OF MINUTES
APPROVAL OF MINUTES FOR THE FOLLOWING: MARCH 10 AND 24, 1998,
COMMITTEE OF THE WHOLE MEETINGS; MARCH 10 AND 24, 1998, AND
APRIL 7 AND 21, 1998, REGULAR COUNCIL MEETINGS
Dawson moved approval of the minutes as presented.
Motion carried unanimously.
Regular Council Minutes, 5/5/98, Page 1
I OPEN SESSION
3 The following people spoke:
4
5 Albert W. Marshall, 2781 West Shore Drive, Lummi Island: Lummi quarry (AB96 -100H)
6 Sheila Marshall for Elizabeth Marlow, 1106 Beach Avenue, Lummi Island: Lummi Island
7 quarry (AB96 -100H)
8 Frank James, 3511 Chuckanut Avenue: His personnel file
9 Roy Ingham, 2721 Russell Street: Ethics Code (AB98 -194)
10 Sharon Deming, 1026 N. Forest: General environmental issues
11 Pauline Hanson, 2781 Shore Drive, Lummi Island: Council agendas (AB98 -024)
12 Dan McShane, 1451 Grant Street: Cedarville Landfill (AB98 -191)
13 Ken Hoover, 507 -16th Street: Lummi Island quarry (AB96 -100H)
14 Sherilyn Wells, 1020 Geneva: Proposed Comp Plan amendments (98 -171); Ordinance
15 amending the Official Whatcom County Zoning Map from Rural Five Acres (R5A) to Neighborhood
16 Commercial (NC) for approximately 1. 18 acres of a 6.18 acre parcel in the Lynden - Nooksack Valley
17 Subarea (AB98 -176)
18 Nate Kronenberg, 2351 E. Pole Road, Everson: Lummi Island quarry (AB96- 100H).
19 Michael Knapp, Planning and Development Services Director, explained that complaints have
20 been made about the Lummi Island quarry. He noted his staff has responded to these complaints
21 regarding the noise levels and the size of the operation and stated it was difficult to enforce and
22 monitor due to the location. Knapp further explained than an emergency situation existed at the
23 quarry, which allowed the owners to exceed noise level standards. However, expansion outside
24 the quarry boundaries may be taking place. The site will continue to be monitored regarding the
25 noise levels and the size of the operation.
26 Christian Bernham, 1116 Beach Avenue, Lummi Island: Lummi Island quarry (AB96 -
27 100H)
28 Ray Stewart, 6167 Maureen Drive, Ferndale: Lummi Island quarry (AB96 -10011)
29 Greg Anderson, 347 Van Wyck: Van Wyck Road memorandum of understanding (AB98 -
30 413A). Michael Knapp, Planning and Development Services Director, reported that County
31 Executive Kremen directed staff investigate this issue and update Council.
32 George Leonard, 247 Van Wyck Road: Van Wyck Road (AB98 -413A)
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34 CONSENT AGENDA
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36 Dawson reported for Finance and Administrative Services Committee and moved approval
37 of items 1 -7. She noted that item 6 was addressed at the open session. There were eight proposals
38 received and three of them were individually discussed with various companies.
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40 Brenner requested items 1 and 6 be pulled.
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42 Motion to approve 2, 3, 4, 5, and 7 carried unanimously.
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44 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #98 -39 FOR
45 THE PURCHASE OF TWO 4X4, HALF -TON PICKUP TRUCKS TO THE LOWEST
46 RESPONSIVE BIDDER, DIEHL FORD, IN THE AMOUNT OF $41,102.63 (AB98 -186)
Regular Council Minutes, 5/5/98, Page 2
I There was discussed on the motion. Topics discussed included the added costs; the need
2 for the extended cabs; and the percentage of extended cabs vs. regular pick ups vs. four door cabs.
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4 Mary Scrimsher, Public Works, Equipment Manager, stated that the County has six
5 extended cabs. Two pick ups, not extended cabs, are to be traded. There are 44 pick ups,
6 including crew cabs, of which there are five. Approval of this request would add two more
7 extended cabs.
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9 Motion to approve carried 5 -2 with Brenner and Hoag opposed.
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11 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #98 -40 FOR
12 THE PURCHASE OF FOUR HALF -TON PICKUP TRUCKS TO THE LOWEST
13 RESPONSIVE BIDDER, PIONEER FORD, IN THE AMOUNT OF $68,703.10 (AB98 -
14 187)
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16 3. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING TO DECLARE
17 PROPERTY SURPLUS (AB98 -188)
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19 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
20 INTERAGENCY AGREEMENT BETWEEN WHATCOM COUNTY AND THE STATE
21 OF WASHINGTON DEPARTMENT OF HEALTH, TO UPDATE AND REVISE THE
22 COORDINATED WATER SYSTEM PLAN (CWSP), IN THE AMOUNT OF $35,000
23 (AB98 -189)
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25 5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
26 PROFESSIONAL SERVICES AGREEMENT AMENDMENT TO WCC #9803024,
27 BETWEEN WHATCOM COUNTY AND GEOENGINEERS, INC., FOR
28 ENGINEERING SERVICES FOR THE COMPLETION OF A MANAGEMENT PLAN
29 FOR SWIFT CREEK, IN THE AMOUNT OF $21,300, TOTAL CONTRACT AMOUNT
30 NOT TO EXCEED $35,800 (AB98 -190)
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32 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
33 CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND BERRYMAN &
34 HENIGAR FOR MONITORING SERVICES FOR GROUNDWATER AND LANDFILL
35 GAS AT THE CEDARVILLE LANDFILL, IN THE AMOUNT NOT TO EXCEED
36 $55,000 (AB98 -191)
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38 Brenner was opposed and recommended this return to committee. Hoag was concerned
39 about the costs. There was further discussion regarding the bidding process; costs; further testing
40 of existing and new wells; repetition of already- existing data; concluding this issue; this year's
41 funding request vs. last year's; and the necessity of the proposed assessment.
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43 Nasser Mansour, Public Works, gave a staff report.
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45 (Clerk's Note: Tape 1, side B)
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Regular Council Minutes, 5/5/98, Page 3
I Brenner moved to table to committee.
3 Motion failed 2 -5 with Brenner and Hoag in favor.
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5 Motion to approve carried 5 -2 with Brenner and Hoag opposed.
7 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A GRANT
8 AGREEMENT BETWEEN WHATCOM COUNTY AND THE DEPARTMENT OF
9 ECOLOGY, TO ASSIST HOME OWNERS IN THE CHUCKANUT BAY AREA TO
10 REPAIR OR REPLACE FAILING ON -SITE SEPTIC SYSTEMS, IN THE AMOUNT OF
11 $93,750 (AB98 -192)
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13 PUBLIC HEARING
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15 1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
16 FROM AGRICULTURE (AG) TO RURAL TEN ACRES (R10A) FOR
17 APPROXIMATELY 60 ACRES IN THE LYNDEN- NOOKSACK SUBAREA (AB98-
18 130)
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20 Sylvia Goodwin, Planning Division Manager, gave a staff report. She noted this is the final
21 piece of follow up rezones to implement the Comprehensive Plan. The Planning Commission held
22 a public hearing and voted 4 -3 in favor, which was an insufficient majority to recommend
23 approval. Council thus had the option to either deny or hold a public hearing. A public hearing
24 has been advertised and is on tonight's agenda. She gave further background information and
25 distributed a handout (on file). A portion of the surrounding area is ag use; the remainder is
26 wooded of which 30% is cleared and in pasture. Another 20% is wetland; 50% is wooded. One of
27 the issues was soils, which are agricultural, Prime 2. These soils are not LESA soils but are prime
28 on the STS category. Wetland bands was another issue. Goodwin stated there was sufficient
29 criteria for a rezone.
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31 Imhof opened the public hearing and the following person spoke:
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33 Dale Terwisscha, 2075 East Badger Road
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35 Hearing no one else, the public hearing was closed.
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37 John Gillies, Natural Resources Conservation Service, reported on the soils of this
38 property. He defined LESA (Land Evaluation and Site Assessment) as a local process of combing
39 physical characteristics of soils with local criteria —site assessment, land location, etc. He stated
40 the Skipopa soil was not listed in the LESA criteria and should have been. This issue is that the
41 site is difficult to farm due to the soils. Drainage is a problem in the low swails, which are
42 essentially wetlands. He thought some modification had been done to the site regarding sloping.
43 Gillies stated a foot or two of relief change makes a big difference in drainage class. This year it
44 would have been a good site because it is drier than last year. He stated this soil is marginal at
45 best. Leveling the soil would be an improvement. He explained "ag lands" criteria are the
46 physical and chemical characteristics of a soil profile. Some of the factorse.g., weather
Regular Council Minutes, 5/5/98, Page 4
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determine the soil behavior. The best way to determine soils is to walk over them. The soil
pattern is inconsistent. There would be no complaint if the soils were all Skipopa; however, they
are 70 -75% Skipopa.
There was discussion. Topics discussed included map consistency regarding the southern
area being a wetland; prime ag soils losing qualities and characteristics when disturbed; leveling
the soil; and the need for rural zoning in this location vs. the need to maintain the ag base. Nelson
requested a definition of "ag lands ".
Dawson moved to adopt the ordinance.
Hoag moved to make this a Comprehensive Plan amendment to correct it to leave it as ag.
Imhof reminded her there was a motion on the floor.
There was discussion on the motion to adopt. Topics discussed included the boundaries
and more requests for rezones. Hoag pointed out the review was to come through the rezone
process; there was little review.
Pierson Dykstra, co -owner of the property, spoke about the quality of the soil. He said it is
hard pan. They have been unable to rent the property.
Brenner moved to table to committee and request John Gillies look at the property.
Motion to table failed 2 -5 with Brenner and Hoag in favor.
Sutter pointed out that if this is zoned R10, it will then be under the ag protection zone,
which means that only six acres can be developed. That would leave 54 acres still in ag protection.
There was further discussion. Topics discussed included the appropriateness of the proposed
ordinance; valuable ag land; ag overlay; complaints from property owners in ag lands regarding ag
practices; and this land qualifying for ag open space.
Motion to adopt the ordinance carried 5 -2 with Brenner and Hoag opposed.
2. ORDINANCE AMENDING WCC 12.44 TO CREATE A PROCEDURE FOR
REIMBURSEMENT OF ROADWAY CONSTRUCTION COSTS THAT BENEFIT
OTHERS (AB98 -177)
Jeff Monsen, Public Works Director, gave a staff report. The motivation for this ordinance
relates to the Van Wyck situation and the need for improving available options in dealing with
road improvements and the joint sharing of those improvements. He stated there is a current
development standard for 12 residences on a roadway. Recovery of an investment is not borne by
the residents already there; non - existing development is for those coming after. Furthermore,
recovery is borne by those coming after within 15 years, which is when it expires.
(Clerk's Note: Tape 2, side A)
Regular Council Minutes, 5/5/98, Page 5
I Brown requested Council consider additional amendments and possibly the substitute
2 ordinance. He then reviewed the amendments for the benefit for those who may testify (handout
3 on file). There was discussion. Discussion items included burden of proof, assessed fees; the
4 timeframe for hearings; and clarification of the 15 -year time limit.
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6 Dave Wareing, Deputy Administrator, explained that the language in the ordinance allows
7 Council to make special exceptions on certain parcels in certain situations.
8
9 Imhof opened the public hearing, and the following person spoke:
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11 Greg Anderson, 347 Van Wyck
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13 Hearing no one else, Imhof closed the public hearing.
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15 Brown questioned how this will affect trail permit building standards in the future. Monsen
16 responded Public Works will begin to be more aggressive in enforcing standards.
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18 Brown also indicated that this ordinance may create a situation where development may
19 occur sooner than it would otherwise. He questioned whether interest is really necessary. Monsen
20 stated he was not able to specifically address the issue of interest.
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22 Sutter moved to adopt the substitute ordinance.
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24 There was discussion on the motion. Topics discussed included the appeal process for
25 adjudication; pre -paid costs; and reimbursement.
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27 Brenner moved to amend the substitute ordinance on page 3, lines 28 -32, "Assessment ", by
28 adding after the last sentence:
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30 "Credit may be given to property owners who have already paid a higher
31 share for the already developed portion of the road."
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33 There was discussion on the motion. Sutter thought the section on definitions would be a
34 more appropriate place for Brenner's amendment.
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36 Brenner accepted that as a friendly amendment.
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38 Monsen pointed out this issue is a credit and not a reimbursement. Brenner re -read her
39 amendment. Discussion followed on the appropriateness of the amendment, as it was felt such
40 language was already in the substitute ordinance. Sutter stated the appropriate location for
41 Brenner's amendment would be on page 6 of the substitute ordinance under Section .050. Brenner
42 accepted Sutter's suggestion as a friendly amendment. Discussion followed on whether the issue
43 of credit is covered under Section .040. Monsen stated there are two avenues for assessment
44 reimbursement in Section .050D. and .060B. There was further discussion.
45
Regular Council Minutes, 5/5/98, Page 6
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Brenner moved to amend to add the following language as a part of "D" on page 3 of the
substitute ordinance under Section .050:
"Credit may be given to property owners who have already paid a higher
share by monetary or in -kind value for the already developed portion of the
road."
Motion to amend carried 6 -1 with Imhof opposed.
Brown moved to amend by adding a sunset clause for four years from the date of approval.
Motion to amend carried 4 -3 with Nelson, Dawson, and Imhof opposed.
Motion to adopt as amended carried 6 -1 with Imhof opposed.
OTHER ITEMS
1. ORDINANCE AMENDING THE 1998 BUDGET, REQUEST #4 (AB98 -178)
Dawson reported for Finance and Administrative Services Committee and moved to adopt.
Motion to adopt carried unanimously.
2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
FROM RURAL FIVE ACRES (R5A) TO URBAN RESIDENTIAL FOUR UNITS PER
ACRE (UR4) FOR APPROXIMATELY 412 ACRES IN THE BIRCH BAY - BLAINE
SUBAREA (AB98 -175)
Sutter reported for Planning and Development Committee and moved to adopt.
Hoag expressed concerns, especially regarding the availability of water. She requested
water supply be present in order for a building permit to be issued.
Motion to adopt carried unanimously.
3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
FROM RURAL FIVE ACRES (R5A) TO NEIGHBORHOOD COMMERCIAL (NC) FOR
APPROXIMATELY 1. 18 ACRES OF A 6.18 ACRE PARCEL IN THE LYNDEN-
NOOKSACK VALLEY SUBAREA (AB98 -176)
Sutter reported for Planning and Development Committee and moved to adopt.
Motion to adopt carried unanimously.
4. RESOLUTION INITIATING COMPREHENSIVE PLAN AMENDMENTS (AB98 -171)
(FROM 4/21)
Regular Council Minutes, 5/5/98, Page 7
I Sutter reported for Planning and Development Committee and moved to forward to
2 Planning Commission with the omission of item #12 and the inclusion of #21 regarding the Lummi
3 Quarry.
4
5 There was discussion on the motion. Hoag was concerned about #03 -98, the Manthey
6 property. Sylvia Goodwin, Planning and Development Services Manager, pointed out that most of
7 this property is in prime ag soil. Reference was made to the map on packet page 214. Goodwin
8 stated a more detailed staff report would be done if this resolution were initiated.
10 Motion to approve the resolution carried unanimously.
11
12 Goodwin commented to the public in attendance that considerable comment had been made
13 regarding lack of notification. She stated that before there is a public hearing, notification will be
14 made to everyone within 300 feet of one of the proposed amendment areas. There will be more
15 publicity allowing everyone an opportunity to testify. This process which was just completed was
16 to allow a review. The Planning Commission might hear this as early as August or September, so
17 that would be the first public notification. Hoag requested it be clearly understood when this is
18 presented to the Planning Commission that this is not a Council directive.
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20 5. ORDINANCE ESTABLISHING A 2,000 FOOT PORTION OF VAN WYCK ROAD
21 LOCATED IMMEDIATELY EASTERLY OF THE COUNTY MAINTAINED PORTION
22 OF SAID ROAD AS A PUBLIC ROAD (AB97 -413A) (FROM 4121)
23
24 Brenner moved to adopt the ordinance and include "Option B" distributed by Jeff Monsen
25 as an exhibit (handout on file).
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27 There was discussion on the motion. Imhof clarified which documents were Option A and
28 Option B. Jeff Monsen, Public Works Director, stated there are two items in the ordinance that are
29 steps describing the general conditions in order to accomplish approval of a latecomers' contract (a
30 reimbursement agreement). Approval of this requires adopting the ordinance and amending the
31 Code, which then can be applied to Van Wyck Road. There was further discussion on the motion.
32
33 Brown inquired if Brenner would accept a friendly amendment to include Option A.
34 Brenner refused.
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36 Motion to accept Option B failed 2 -5 with Brenner and Dawson in favor.
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38 Hoag moved to amend the ordinance with the inclusion of Option A.
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40 Motion to amend to accept option A carried 6 -1 with Brenner opposed.
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42 Main amended ordinance carried unanimously.
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44 (Clerks Note: Tape 2, side B)
45
Regular Council Minutes, 5/5/98, Page 8
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INTRODUCTION
Dawson moved to accept the introduction items.
Motion carried unanimously.
1. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION ON APL98-
0003, FILED BY CHESTER LACKEY, ATTORNEY AT LAW, FOR RALPH
BENNETT, BENNETT WOODLAND FARMS, LLC (AB98 -183)
2. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION ON CUP98-
0001, FILED BY TAMMY LONGSTAFF (AB98 -184)
3. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS
PROPERTY PURSUANT TO WHATCOM COUNTY CODE 1.10 (AB98 -188A)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Imhof addressed a resolution pursuant to House Bill (ESHB 2514) for the purpose of
designating Whatcom County a participant in "Initiating Government" and the watershed planning
lead agency for the watershed planning procedure.
Imhof moved approval of the resolution.
Motion to approve the resolution carried unanimously.
Imhof noted Bellingham approved its resolution last night.
Ordinance Imposing Interim Zoning Regulations in the Lake Whatcom Watershed
(AB98 -181): Sutter reported that this was sent to the Planning Commission to explore alternatives
and other possibilities for dealing with problems in the watershed in addition to the possibility of a
moratorium.
Interlocal Agreement between the City of Bellingham, Whatcom County, and Water
District 10 concerning Joint Management of Lake Whatcom (AB98 -195): Sutter noted this
issue received a favorable review from committee. Four City Council members were present at
that meeting. She anticipated at the next committee meeting this will be brought forward for
adoption.
Voter Fraud (AB98 -196): Brenner reported on this issue. She requested a resolution to
send a letter to our state legislators and our congressmen supporting reform in the laws mandating
proof of U.S. citizenship and residency upon application for voter registration. She stated the
Motor Voter Act does not allow any question of citizenship and residency in order to apply for
voter registration. Imhof stated a resolution and an accompanying letter written by him would be
done in two weeks.
Regular Council Minutes, 5/5/98, Page 9
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Code of Ethics (AB98 -194): Brenner noted committee will be sending a letter to the
Ethics Commission requesting input on what it sees as any potential flaws in the County's current
ethics ordinance before committee proceeds with any other concerns regarding this item.
County Executive Pete Kremen commended Council for approval of the resolution
regarding H132514. In spite of the fact that everyone is in unison, he felt it needed to be clarified
that this is not to be an easy task and will not be accomplished by the County alone. If there is no
unification, success will not be realized. Success will be accomplished only if there is
participation among the city of Bellingham, the P.U.D., the Lummi Nation, and the Nooksack
Tribe. He stated he was looking forward to working with everyone. Brenner requested advance
notice of any meetings for Council regarding this issue.
Karen Frakes, Prosecuting Attorney's Office, addressed Public Works and Capital Projects
Committee's agenda. As a point of order, she stated it would have been more appropriately
handled as a Committee of the Whole matter with Council giving direction to send the letter
regarding the code of ethics issue to the Ethics Commission. Brenner commented.
ADJOURN
The meeting was adjourned at 9:30 p.m.
Marina Mason, Recording Secretary
These minutes were approved by Council on
ATTEST:
Dana Brown - Davis, Council Clerk
F9
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Robert Imhof, Council Chair
Regular Council Minutes, 5/5/98, Page 10