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HomeMy WebLinkAboutCouncil December 9 1997WHATCOM COUNTY COUNCIL Regular Council Meeting December 9, 1997 The meeting was called to order at 7 p.m. by Council Chair Ward Nelson in the Council Chambers, 311 Grand Avenue. Also Present: Absent: Marlene Dawson None Barbara Brenner Tom Brown Alvin Starkenburg Kathy Sutter Robert Imhof ANNOUNCEMENTS Nelson announced that he will be stepping down as Council Chair, since it is only a two - year term. He then presented Council member Alvin Starkenburg a plaque of appreciation. Pete Kremen, County Executive, also extended his appreciation to Starkenburg. Both spoke to his integrity. APPROVAL OF MINUTES APPROVAL OF MINUTES FOR THE OCTOBER 21 AND NOVEMBER 25 COMMITTEE OF THE WHOLE MEETINGS; OCTOBER 21 AND NOVEMBER 18 COUNCIL MEETINGS; OCTOBER 28 SPECIAL COUNCIL MEETING; SEPTEMBER 16 BOARD OF HEALTH MEETING Imhof moved to approve the minutes as presented. Motion carried unanimously. OPEN SESSION The following people addressed Council: Rita Foley, South Lake Whatcom: Sad to see Mr. Starkenburg go; her concern about acreage at the intersection of South Bay Drive and Iowa Heights (AB97 -278) Marian Beddill, 3600 Seely Street, Bellingham: Establishment of Water Resources Management Council (AB97 -113A) CONSENT AGENDA Regular Council Minutes, 12/9/97, Page 1 REQUEST AUTHORIZATION FOR THE EXECUTIVE TO EXECUTE A CONTRACT BETWEEN WHATCOM COUNTY AND JOHNSTON AND CULBERSON, INC. FOR SERVICES AS THIRD PARTY ADMINISTRATOR FOR SELF - INSURED WORKERS= COMPENSATION PROGRAM IN THE AMOUNT OF $22,750 (AB97 -406) Imhof reported for Finance and Administrative Services Committee and moved approval. Motion carried unanimously. 2. RESOLUTION APPOINTING A FINANCIAL OFFICER FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT (WCFCZD) FOR INVESTMENT PURPOSES (AB97 -389) Imhof reported for Finance and Administrative Services Committee and moved approval. Motion carried unanimously. PUBLIC HEARING ORDINANCE AMENDING WHATCOM COUNTY CODE 8. 10, SOLID WASTE AND RESIDENTIAL RECYCLING COLLECTION (AB97 -382) Jeff Monsen, Public Works Director, gave a staff report. He confirmed Council received proposed amendments in a December 8 memo (on file). He read the amendments into the record: 1. Ordinance, Exhibit A, p. 6, 8.10.050 (K), third line, amend the year of expiration from 1999 to 2002; and 2. Ordinance, Exhibit A, p.4, 8.10.050(C)(1), insert a new item (g), as follows: (g). Yard waste - collection of this material is deferred pending further amendments to this chapter, no later than December 31, 1999. Dan Gibson, Prosecuting Attorney =s Office, spoke to the issue of a five -year sunset. The County can modify an ordinance at any time. A five -year sunset sets the maximum effect of term of that ordinance, not the minimum. Nelson opened the public hearing, and the following person spoke: Polly McNeill, representing Sanitary Service, 1001 Roeder Regular Council Minutes, 12/9/97, Page 2 Hearing no one else, Nelson closed the public hearing. Nelson moved to adopt the ordinance. Brenner moved to amend the ordinance with a hold harmless. 8.10.101 Hold Harmless: Nothing in this ordinance shall be construed to prevent Whatcom County from going out for a bid, an RFP, or any other type of contract before the sunset of this ordinance. The County shall incur no liability by doing SO. Dan Gibson, Prosecuting Attorney =s Office, stated contract and ordinance language are being combined here. For Council to state by ordinance that there will be no liability is meaningless. County government cannot legislate immunity. (Clerks Note: Tape 1, Side B) Motion to amend failed 2 -5 with Brenner and Brown in favor. Imhof moved to amend to incorporate the two amendments brought forth by Jeff Monsen (see above). 1. Ordinance, Exhibit A, p. 6, 8.10.050 (K), third line, amend the year of expiration from 1999 to 2002. Motion to amend carried 5 -2 with Brenner and Brown opposed. 2. Ordinance, Exhibit A, p.4, 8.10.050(C)(1), insert a new item (g), as follows: (g). Yard waste - collection of this material is deferred pending further amendments to this chapter, no later than December 31, 1999. Motion to amend carried unanimously. Main amended motion carried 5 -2 with Brenner and Brown opposed. 2. ORDINANCE EXTENDING THE INTERIM ZONING ORDINANCE, CHAPTER 2.24A, ON A ONE YEAR INTERIM BASIS FOR THOSE FEE LANDS WITHIN THE LUMMI RESERVATION AND WITHIN THE MT. BAKER SNOQUALMIE NATIONAL FOREST (AB97 -227A) Nelson opened the public hearing, and the following people spoke: Regular Council Minutes, 12/9/97, Page 3 Bernice Brennan, 4145 Patos, Ferndale Jeff McKay, 4693 Sucia Drive, Ferndale Earl Baker, 4175 Sucia Drive, Ferndale Richard Bremer, 2845 Haxton Way, President of Fee Lands Owners Association Hearing no one else, Nelson closed the public hearing. Imhof moved to adopt the ordinance. There was discussion on the motion. Michael Knapp, Planning and Development Services Director, responded in answer to a question regarding Planning Commission discussions by both parties. Starkenburg suggested Planning and Development Services to work through issues with the tribe and the fee owners. Nelson moved to recommend Administration to formulate a letter in conjunction with the Prosecuting Attorney =s Office to be mailed to the fee land owners to clarify issues in response to letters sent by the tribe. (Clerks Note: Vote on this motion was held until after vote on the ordinance) Nelson moved to adopt Appendix A as the official work program for 1997. Motion to amend carried unanimously. Motion to adopt carried unanimously. Starkenburg moved to request Administration formulate a letter to fee land owners. Motion carried unanimously. 3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, CONCERNING SURFACE MINING ACTIVITY (AB97 -388) Jeff Griffin, Planning and Development Services, gave a staff report. He recommended two amendments: On packet page 150, number (6), add after "appeal ": to the Hearing Examiner; and on packet page 157, paragraph 2, and packet page 158, Administrative Approval Uses, changing the ten day notification of property owners to fifteen days prior to the decision in each occurrence in that paragraph. Nelson opened the public hearing, and the following people spoke: Keith Ingebrigtson, 392 E. Axton Road Regular Council Minutes, 12/9/97, Page 4 Warren Herren, 408 E. Axton Road Sam Crawford, 1627 Diamond Loop (Clerks Note: Tape 2, Side A) Rita Foley, 3878 Blue Canyon Road Jim Schuster, 2347 E. Pole Road, Everson Nate Kronenburg, 2351 E. Pole Road, Everson Rick Benner, 4406 Minaker Road, Sumas Michael Waite, 3433 South Bay Drive Bob Grenzow, 3047 Halverstick Road, Sumas Donna Lee Dean, 308 E. Axton Road, Bellingham Preston Schiller, 1120 Island Drive, Lummi Island Amy Shavelson, 1059 Island Drive, Lummi Island Phyllis Kronenburg, 2351 E. Pole Road, Everson Jim Dickinson, 1724 Joans Lane, Lummi Island Ray Steward, 6167 Marine Drive, Ferndale Connie Hoag, 2633 Halverstick Road, Lynden David Givens Semore, 708 East Third, Nooksack Lurline Halmo, 1858 Lakeside, Bellingham (Clerks Note: Tape 2, Side B) Lesa Starkenburg - Kroontje Brad DeHaan, Ferndale Ready Mix Keith Howard, 4680 N. King Mountain Road Roger Ellingson, P.O. Box 1258, Blaine Jay Hoag, 2633 Halverstick Road Eric Nathan, 4120 Electric Mike Dahl, 9383 Van Buren Road, Lynden Hearing no one else, Nelson closed the public hearing. (Clerk's Note: A short break was taken. Tape 3, side A) Brenner moved to table due to new information just received. Nelson explained this motion would take a two- thirds vote due to the lack of discussion and that a date must be mentioned in that motion. Brenner moved to table to the next Planning and Development Committee meeting on January 27 because new information was just received. Brenner withdrew her motion. Regular Council Minutes, 12/9/97, Page 5 Nelson moved approval of the ordinance. Starkenburg announced that he will abstaining from discussion and voting on the ordinance, as some parts of the ordinance would be a conflict of interest. Brenner moved to table. Nelson pointed out if she wished to move without a two- thirds majority vote, there must be completion of discussion when no one else wishes to speak to the ordinance. (Clerks Note: Without verbally withdrawing the motion, the issue was dropped.) Jeff Griffin, Planning and Development Services, commented and answered questions for Council during discussion of this item. Michael Knapp, Planning and Development Services Director, spoke to Nelson =s concern regarding enforcement. Other topics discussed included spot checks; after hour checks; the follow up process; and the number of enforcements. Dave Wareing, Executive =s Office, stated the issue of enforcement can be fairly well defined for the Sheriff =s Office so that Administration would be able to work with them as well as the Planning and Prosecuting Attorney Offices to define the limits of these regulations and enable the Sheriff =s Office to have the definition necessary to respond to citizen complaints as they are occurring and take enforcement action, whether it be a cease and desist order or a citation. Dawson moved to amend by adding language on packet page 150, Section 20.73.131(6): AAppeal to the Hearing Examiner under 20.84.235 of an administrative permit shall be made by de novo review.= Motion to amend carried 6 -0. There was discussion on the issue of the administrative process, specifically to packet page 157- 158(2). Dan Gibson, Prosecuting Attorney =s Office, also commented, referring to Policy 8P -4 in the Comprehensive Plan. Nelson moved to amend on packet page 150(4): AThe applicant provides insurance policies or a similar type of protection as appropriate to cover potential liabilities associated with the proposed activity-, renewals of bonds or insurance be submitted upon expiration of previous bonds or insurance.= Regular Council Minutes, 12/9/97, Page 6 There was discussion on the motion. Imhof suggested additional language: AThe bonding agent shall notify the County on any change of status in the bond.= There was further discussion. Brenner offered a friendly amendment to read: A ... or significant reduction in bond amount.= Nelson would not accept. Motion to amend carried 6 -0. Dawson moved to amend on packet page 151(2) by adding language: A ... prohibited on Sundays and the legal holidays of Christmas Day, New Year =s Day, Memorial Day, 4th of July, Labor Day, and Thanksgivin& _= There was discussion on the motion. Motion to amend carried 5 -1 with Brenner opposed. Brenner moved to amend by striking on packet page 151, Section 20.73.701(2)(c): 1111 IN "I There was discussion on the motion, in particular the time needed for the batch plant to fire up. Sylvia Goodwin, Planning and Development Services Manager, commented also. Dawson suggested a friendly amendment to read: A ... to no more than five days in any single year for emergency purposes.= Brenner accepted. There was further discussion, especially about permits and noise. Motion to amend failed 1 -5 with Brenner in favor. Sutter moved to amend Section 20.73.702 (2), packet page 152: ANo new mineral processing or mining support activities or facilities shall locate within the five -year zone of contribution for designated wellhead protection areas.= Regular Council Minutes, 12/9/97, Page 7 There was discussion on the motion. (Clerks Note: Tape 3, side B) Sutter moved to amend her motion to add the language within the five -year zone of contribution located on packet page 152, the list from (5): A ... activities or facilities to include parking storage, maintenance, fueling and washing of mobile equipment, fuel storage, and all newly situated stationary and semimobile equipment shall locate...- Motion to amend carried 4 -2 with Dawson and Imhof opposed. Brown moved to amend to replace wording of Section 20.73.702 (9), packet page 153: "An approved general permit from the Department of Ecology for process and stormwater discharge may substitute for the-&e requirements 5 -8 above, pr-evide� that DOE Fdles meet ° ° °a sue r °nts unless it is determined based on site specific review that the provisions of 5 -8 are necessary to meet the intent of this section.= Brenner requested to add a friendly amendment stating that the burden of proof is on the applicant. Brown did not accept the friendly amendment. Motion carried 6 -0. Brenner moved to amend Section 20.36.173, packet page 154, to restore the original language without the strikeout: ARock crushing and tempef asphalt and concrete batch plants related to speeifie pr-ojeet (one year-, with a six menth administr-ative extension , when within a MRL Over-! y Special District. The t°"" pfojeet does not p! There was discussion on the motion. Motion to amend 1 -5 failed with Brenner in favor. Sutter moved to amend Section 20.42.058, Rural Forestry, packet page 155: A ... make a permitted use of surface mining, rock crushing, washing and sorting subject to Forest Practices Act (RCW 76.09).= There was discussion on the motion. Regular Council Minutes, 12/9/97, Page 8 Brenner requested a friendly amendment to use Sutter--s amendment and add the wording: A ... provided that administrative approval is required for accessory rock crushing activities located within 1.000 feet from a rural or residential district.- Sutter accepted the friendly amendment. Motion to amend carried 6 -0. Sutter moved on packet page 156, Commercial Forestry (CF) District, Section 20.43.055: A ... make a permitted use of surface mining, rock crushing, washing and sorting subject to Forest Practices Act (RCW 76.09) provided that administrative approval is required for accessory rock crushing activities located within 1,000 feet from a rural or residential district.- Motion to amend carried 6 -0. Imhof moved to amend (2) on packet pages 157 and 158 by changing the four sites of A10 days= to A15 days= notification period. Motion to amend carried 6 -0. There was brief explanation regarding Awithin 300 feet -, packet page 157, 20.84.235(2). Nelson moved to amend on packet page 158 by striking language: A ... proposal. Hear-ing Examiner-, whe shall hold a publie hearing and approve or- deny the Administ-Fative Appfeval Use appliemien. The Hearing Examiner- shall base deeision upon eemplianee with the er-iter-ia established for- the proposed t1se in . Planning and Development Services shall approve or deny all Administrative Approval Use applications that do not Y-equ fe a p4 lie hearing and shall also base a decision upon compliance with the criteria established for the proposed use in the appropriate zone district, the requirement of this section and of WCC 20.84.220.= Regular Council Minutes, 12/9/97, Page 9 Motion to amend carried 6 -0. Nelson moved to amend by striking on packet page 159: A ... proposal, ,,,a , party .,,�, , has tost;r;o roa �,o ,;,,,. and put the Aand= back in: A ... the owner of the property, and any person who has submitted a written... -. Motion carried 6 -0. Main amended motion to adopt the ordinance 5 -1 with Brenner opposed and Starkenburg abstaining. 4. ORDINANCE IN THE MATTER OF ACCEPTING A PORTION OF ZANDER DRIVE AS A PUBLIC ROAD (AB97 -404) Ed Henken, Public Works, Engineer, gave a staff report. Nelson opened the public hearing, and no one spoke. Nelson closed the public hearing. Brenner moved to adopt the ordinance. Motion carried unanimously. OTHER ITEMS ORDINANCE AMENDING THE BUDGET, REQUEST #12 (AB97 -402) Imhof reported for Finance and Administrative Services Committee and moved to adopt the ordinance. Imhof moved to amend the ordinance by adding an addition $35,000 to the $25,000 for a total of $60,000 to cover legal fees for defending the Comprehensive Plan. There was discussion on the motion. Motion to amend carried 6 -1 with Brenner opposed. Main amended motion to adopt carried 6 -1 with Brenner opposed. 2. ORDINANCE AMENDING ORDINANCE 90 -13, REVISING THE AMOUNT Regular Council Minutes, 12/9/97, Page 10 AUTHORIZED FOR THE ADS FINANCE DIVISION, PURCHASING OFFICE =S PETTY CASH ACCOUNT (AB97 -383) Imhof reported for Finance and Administrative Services Committee and moved to adopt the ordinance. Motion to adopt carried unanimously. 3. ORDINANCE AMENDING ORDINANCE 93 -033 AUTHORIZING EXCESS CASH IN CERTAIN FUNDS TO BENEFIT THE SAME (AB97 -384) Imhof reported for Finance and Administrative Services Committee and moved to adopt. Motion to adopt carried unanimously. 4. LEGISLATIVE CLAIM FOR SUPPLEMENTAL FUNDING PURSUANT TO THE BECCA BILL (AB97 -412) Imhof reported for Finance and Administrative Services Committee and moved approval. Motion carried unanimously. 5. INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND WHATCOM COUNTY CONCERNING ANNEXATION AND DEVELOPMENT WITHIN THE CITY OF BELLINGHAM URBAN GROWTH AREA (AB97 -400) Starkenburg reported for Planning and Development Committee. He stated this was a difficult agreement to reach as an annexation is currently before the Boundary Review Board (BRB). He summarized by stating that committee felt good about the work done except that in the committee =s point of view, the County comes out of it on the short end financially. Further, committee recommended approval with the desire to send a letter with the agreement discussing the items of concern. Committee would like Administration to find some way to work those concerns in at the next interval of discussions with another annexation. The current annexation is one in which the County has little to say. The BRB has the record open. He then read the committee recommendations: 1. Motion to approve the Interlocal Agreement between the city of Bellingham and Whatcom County concerning annexation and development in the UGA; 2. Authorize the Executive to attach exhibits relating to the description and reimbursements for the Capital Facilities within the Bakerview/Hannegan annexation area (Section 1, page 3, contains seven items; #5, the compensation Regular Council Minutes, 12/9/97, Page 11 for the signal light, should move forward with this and any other Capital Facilities that need to be cared for in that section); 3. Motion to direct the Executive to send a letter to the city of Bellingham expressing concerns about: - adequacy of the revenue - sharing formula to provide adequate funding to cover the County expenses related to annexation areas as set forth in this Interlocal; - Section 2, packet page 64, regarding what the Treasurer would need to do regarding the LID, ULID, etc. The Treasurer =s concern is the cost that will be incurred; - Section 6.1), packet page 67, regarding action that Council must take next year. There is no legislative authority, and a public hearing must be held regarding this section; and - Section 9.C, packet page 68, regarding fire and emergency medical services. Starkenburg continued committee elected not to alter the document. (Clerks Note: Tape 4, Side A) Starkenburg moved approval of the Agreement. Motion carried unanimously. Starkenburg moved to authorize the Executive to include as exhibits the items on packet page 62, Section 1.5, regarding the signal light, etc. Motion carried unanimously. Starkenburg moved to direct the Executive to send a letter to the city of Bellingham expressing concern about the adequacy of the revenue - sharing formula, which is intended to provide adequate funding to cover the County =s expenses relating to annexation areas. Nelson pointed out these relate to the Interlocal Agreement which contains some additional service requirements or requests Council feels is an inadequate funding source to that which should be addressed. Starkenburg stated the letter will list those items which were of concern: Section 2.H, the Treasurer; Section 6.1), the need for some hearing to be held and legislative authority to do so on the PUD; and Section 9.C, fire and emergency medical. Motion carried unanimously. Regular Council Minutes, 12/9/97, Page 12 Starkenburg pointed out the hard work was appreciated, but the problem as Council sees it is that it is over a three -year period of time only regarding the sales tax, which may look good on paper. In reality for all the County =s ongoing needed work to help the city move forward, that additional cost will be fairly great. If the County only obtains sales tax for the first three years, this would be a little on the light side. As long as there is an understanding, the city needs to help the County regarding its concerns. 6. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL FIVE ACRES (R5A) TO LIGHT IMPACT INDUSTRIAL (LII) FOR APPROXIMATELY 92 ACRES IN THE CHERRY POINT - FERNDALE SUBAREA (AB97 -401) Starkenburg reported for Planning and Development Committee and moved to adopt the ordinance. Motion to adopt carried unanimously. 7. APPOINTMENT OF ARTHUR JAMES WILKOWSKI TO THE SOLID WASTE ADVISORY COMMITTEE (AB97 -321A) Imhof moved to appoint Mr. Wilkowski. Motion carried unanimously. 8. REQUEST COUNCIL CONFIRMATION FOR EXECUTIVE TO APPOINT JANET M. KLOC TO HER FIRST THREE -YEAR TERM ON THE WHATCOM COUNTY MENTAL HEALTH ADVISORY BOARD (AB97 -408) Imhof moved to confirm the appointment. Motion carried unanimously. INTRODUCTION ITEMS items. Imhof moved to accept the Introduction Items plus the addition of the two addendum Motion carried unanimously. ORDINANCE ESTABLISHING TIME LINES AND PROCEDURES FOR SUBMITTAL OF PROPOSED AMENDMENTS TO TITLE 20 WCC AND TO THE OFFICIAL ZONING MAP FOR WHATCOM COUNTY, PLANNING Regular Council Minutes, 12/9/97, Page 13 COMMISSION REVIEW, THE TRANSMITTAL OF PROPOSED AMENDMENTS TO WASHINGTON STATE AND COUNTY COUNCIL APPROVAL THEREOF (AB97 -409) (HEARING TO BE SCHEDULED) 2. ORDINANCE ESTABLISHING TIME LINES AND PROCEDURES FOR SUBMITTAL, INITIATION, REVIEW AND APPROVAL OF PROPOSED COMPREHENSIVE PLAN AMENDMENTS (AB97 -410) (HEARING TO BE SCHEDULED) 3. ORDINANCE AMENDING THE WHATCOM COUNTY CODE TO PROVIDE FOR A BIENNIAL BUDGET (AB97 -407) ADDENDUM ORDINANCE ADOPTING SHORT -TERM PLANNING AREA OVERLAY MAPS TO IMPLEMENT THE WHATCOM COUNTY COMPREHENSIVE PLAN (AB97 -170B) 2. ORDINANCE ADOPTING DEVELOPMENT REGULATIONS RELATED TO GROWTH MANAGEMENT AND LAND USE DEVELOPMENT FOR THE PURPOSES OF REGULATORY CONSISTENCY WITH THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN (AB97 -169B) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Nelson announced there will be an evening meeting on January 13; no commitee meetings will be held. Committee assignments are to be made at the January 13 Council meeting. Sutter distributed her notes from the Economic Development Summit in Mt. Vernon, which was put on by Patty Murray. She also distributed notes on the American Water Resources Association fall conference and material from the U.S. Bank Economic Outlook Forum in Bellingham. Brown pointed out there is a vacancy on the Forest Practices Board, and he would like concurrency from Council members to submit his name. Concerns filed by Betty Lou Close (AB97 -411): Brenner stated Public Works and Capital Projects Committee recommended a letter be sent to all state representatives to request immediate assistance to expedite the Acme project funded by the County last summer and which has been unduly held up by the state. Brenner moved to draft a letter regarding the above. Motion carried unanimously. Regular Council Minutes, 12/9/97, Page 14 Brenner also noted Brown will set up a tour of a couple of the sites for which he would like Council to obtain assistance. Since all committee members plan on attending the tour, it will be a public meeting. She asked if any other Council members wished to also go on the tour. Starkenburg thanked Council for the plaque and for the experience of working with Council. Sylvia Goodwin, Planning and Development Services Manager, raised concerns about the Introduction Items, as both these addendum items lapse on January 15. Nelson noted Council will be meeting January 13; the committees will not be meeting that day. Dan Gibson, Prosecuting Attorney =s Office, noted that in ten and one -half hours, the hearing before the Western Washington Growth Management Hearings Board begins at 10 a.m. ADJOURN The meeting was adjourned at 11:30 p.m. Marina Mason, Recording Secretary These minutes were approved by Council on 31998. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown- Davis, Council Clerk L. Ward Nelson, Council Chair Regular Council Minutes, 12/9/97, Page 15