HomeMy WebLinkAboutCouncil February 11 1997WHATCOM COUNTY COUNCIL
Regular Council Meeting
February 11, 1997
The meeting was called to order at 7 p.m. by Vice Chair Alvin Starkenburg in the
Council Chambers, 311 Grand Avenue.
Also Present:
Marlene Dawson
Barbara Brenner
Tom Brown
Kathy Sutter
Robert Imhof
ANNOUNCEMENTS
Absent:
Ward Nelson
Starkenburg announced the Committee of the Whole met to discuss the following:
Consideration of an appeal of the Hearing Examiner's decision on conditional use permit,
CUP 96 -0028, filed by Darcy Gill, c/o Larry Kingma (AB96 -430).
Imhof moved to amend as follows: on item #2, limiting the hours, Athe same operating
hours as other users of the ingress and the egress =.
Motion carried unanimously.
Imhof moved to amend as follows: on building location, Aas shown on the site map set
backs as required in the ag zoning, dropping the required 200 foot buffer to the south =.
Motion carried unanimously.
Imhof moved to amend as follows: on road paving, Apave right -of -way from Pole Road
to property line in a manner acceptable to the Division of Engineering =.
Motion carried 5 -1 with Brenner opposed.
Starkenburg noted that direction was given regarding the master contract reclass hearings
(AB97 -079).
Lastly, the dates for the Comprehensive Plan were revised. Michael Knapp, Director,
Planning and Development Services, reported the following:
The public hearing will be changed to March 18 from 1 p.m. -5 p.m. and from 6:30 p.m.
Regular Council Minutes, 2/11/97, Page 1
to 10:30 p.m.;
The document will be available February 28;
The adoption date is scheduled for March 25;
Critical Areas Ordinance (CAO) introduction on February 25; and
Public hearing and possible adoption of the CAO and County -Wide Planning Policies on
March 11.
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES FROM THE MAY 9, 1995 REGULAR COUNCIL
MEETING
Imhof moved approval of the minutes.
Motion carried 4 -0 with Sutter and Brown abstaining, as they were not on the Council at
that time.
2. APPROVAL OF MINUTES FROM THE OCTOBER 1, OCTOBER 15, AND
NOVEMBER 12, 1996 REGULAR COUNCIL MEETINGS
Imhof moved approval of the minutes.
Motion carried unanimously.
OPEN SESSION
The following people addressed Council:
Joe Burton, 2919 Crestline: The Comprehensive Plan (AB96 -051); Dawson and
Starkenburg praised for their individual efforts during personal attacks
Robin Dexter, 3726 Broad Street: Task Order 13a (AB 96 -068)
Rick Kowsky, 885 Reveille, Bellingham: Cascade Ambulance Service (handout on file)
Tom Anderson, 1744 South Park Trail: Nooksack Water Users Steering Committee
(AB 96 -068)
Steve Jilk, City Administrator, Lynden: Task Order 13a (AB96 -068)
Nelda Sigurdson, 5171 Ferndale Road, Ferndale: Task Order 13a (AB96 -068)
Bob Wiesen, 3314 Douglas Road, Ferndale: Task Order 13a (AB96 -068)
Bob Andersen, P.O. Box 3183, Bellingham: Task Order 13a (AB96 -068)
Richard Gilda, Jensen Road, Bellingham: Task Order 13a (AB96 -068)
CONSENT AGENDA
Regular Council Minutes, 2/11/97, Page 2
Imhof reported for Finance and Administrative Services Committee and moved items 3,
4, 5 and 6.
Motion carried unanimously.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE TASK
ORDER 3C OF THE NOOKSACK WATER USERS STEERING COMMITTEE
(AB97 -067)
Imhof noted in Finance and Administrative Services Committee =s meeting, an
amendment was made restricting the time frame of this task order to six months.
Discussion followed. Brown explained his amendment. Dave Wareing, Executive =s
Office, spoke on the massive work that needs to be done on water issues. The process needs to
go forward. He recommended both task orders be approved as presented so the process can
continue.
Dan Gibson, Prosecuting Attorney =s Office, spoke on the obligations of the members of
the Steering Committee.
Imhof moved approval of Task Order 3C as written.
There was discussion on the motion. Before the vote, Imhof noted the amendment was in
Finance and Administrative Services Committee only and has not been brought on the floor at
tonight =s meeting; the order will be voted up or down as is. Gibson explained.
Motion carried 4 -2 with Brown and Brenner opposed.
(Clerks Note: Sutter stated she will draw up a resolution stating Councils position on
procedures regarding the water resources management board. This will be presented in two
weeks)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE TASK
ORDER 13A OF THE NOOKSACK WATER USERS STEERING
COMMITTEE (AB97 -068)
Imhof reported for Finance and Administrative Services Committee and noted
amendments were made. He moved approval of Task Order 13A (must be voted up or down as
is).
There was discussion on the motion. Brown spoke to his amendments.
Starkenburg inquired if Imhof would accept a friendly amendment regarding Sutter--s
proposed resolution conveying information presented.
Regular Council Minutes, 2/11/97, Page 3
Starkenburg withdrew his amendment.
Motion carried 4 -2 with Brenner and Brown opposed.
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
PURCHASE OF DRUG TESTING AGENTS THROUGH THE WASHINGTON
STATE CONTRACT (AB97 -069)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN THE WHATCOM COUNTY HEALTH
DEPARTMENT AND EVERGREEN AIDS FOUNDATION FOR
VOLUNTEER AND CASE MANAGEMENT SERVICES (AB97 -070)
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT WITH NORTH SOUND REGIONAL SUPPORT
NETWORK FOR A SIX MONTH EXTENSION OF THE ORIGINAL
CONTRACT (AB97 -071)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO RENEW
WHATCOM COUNTY =S PROPERTY INSURANCE POLICY (AB97 -072)
PUBLIC HEARING
ORDINANCE ESTABLISHING A 35 MPH SPEED LIMIT ON WEST MAIN
ROAD, BERTHUSEN ROAD AND LOOMIS TRAIL ROAD (AB97 -061)
Starkenburg opened the public hearing.
Hearing no one, Starkenburg closed the public hearing.
Imhof moved approval of the ordinance.
Motion carried unanimously.
2. ORDINANCE ESTABLISHING A 35 MPH SPEED LIMIT ON N.
ENTERPRISE ROAD AND HARKSELL ROAD (AB97 -062)
Starkenburg opened the public hearing.
Hearing no one, Starkenburg closed the public hearing.
Imhof moved approval of the ordinance.
Motion carried unanimously.
Regular Council Minutes, 2/11/97, Page 4
3. RESOLUTION AMENDING THE COUNTY -WIDE PLANNING POLICIES (AB96-
401 A)
Starkenburg opened the public hearing, and the following people spoke:
Curt Smelser, representing Trull Development, 601 Union Street #4100, Seattle: He
supported the amendments to the policies. He drew attention to packet page 151, Section E,
Non -City Growth Areas, stating new information has come forth in the Draft Environmental
Impact Statement (EIS) for the Comp Plan on Custer. The Trull Development has commissioned
an addendum to the EIS regarding the uniqueness of the Custer site as an intermodal facility.
On packet page 156, Section J, he spoke to the transportation corridor, urging Council
have a specific policy dealing with need to study this regarding trucks and rail. He then
commented about #10 and #11, same page, stating he supported these items.
Phil Serka, 400 North Commercial, representing Louis Leclezio (handout on file): He
requested Council approve the sections of the policies noted by Smelser, as well as all the
amendments.
Suzanne Ural, 3431 Alm Road, Everson: She addressed mineral resource designation
and was concerned about bursting pipelines. She proposed 800 feet of clearance on both sides of
the pipeline (oil and gas).
Janice Schuch, 1411 West Axton Road, Ferndale: She supported the amendment
addressing rural settlements in unincorporated areas, being specifically concerned about the
North Bellingham area. She thought it was incorrectly labeled Aeast Ferndale= (she referred to
packet page 149, #4).
Julie Pottermarks, 5948 Longdin, Ferndale: She also spoke to packet page 149, #4, and
the North Bellingham area. She requested the community of North Bellingham be called such
and be excluded from the area of Ferndale that includes urban reserve.
Joe Shearer, 6238 Limerick Way, Sumas: He brought to Council =s attention that
Paradise Lakes now has a larger permanent population than Sumas or Everson. Peacefull Valley
is really growing. He requested Council not forget the Foothills area.
Roger Almskaar, 1401 Astor Street: He noted the amendments are a definite
improvement over the original version of the policies. He discussed the following: intensive
development areas; suggested minor language changes; evaluation of urban growth areas (UGA);
establishment of new impacts of UGA; the economic section is vastly improved; industrial land
designations; transportation corridor study; impact fees; and water resource protection areas
definition.
Steve Jilk, Lynden: He spoke on behalf of the City of Lynden and was concerned about
Regular Council Minutes, 2/11/97, Page 5
the words Ashort-term= and Along -term= boundaries. The City had not received any
information regarding this language until this evening and wondered how the terminology is
better defined and how it affects the relationship between the County and the cities. He also was
concerned about language on packet page 156, #9, regarding timber and the development
allowed to sustain industries.
Rita Foley, 3878 Blue Canyon Road: She spoke to policies about gravel pits, speaking
to a specific pit in her area of Lake Whatcom. She requested this area not be a MRL designation.
Saim Ural, 3431 Alm Road, Everson (handout on file): He spoke about MRL
designation, noting that errors have been made in creating these designated areas. He was
mainly concerned that Planning and Development Services used the selection criteria that all
land having any valid mining permit would be included the designated areas. He requested
Council not include his area in the MRL.
Hearing no one else, Starkenburg closed the public hearing.
Brenner had scrivener error, on packet page 140, number 2, policy A4. Knapp
recognized the error.
Starkenburg noted the written record will be held open for additional public comment
until February 14 at 5 p.m. He requested Council members bring forward their written
comments by next week, at the latest, in order to bring closure of this item for staff.
OTHER ITEMS
ORDINANCE AMENDING LYNDEN NOOKSACK VALLEY
COMPREHENSIVE PLAN AND THE OFFICIAL WHATCOM COUNTY
ZONING MAP FOR FORTY ACRES, FROM COMMERCIAL FORESTRY
(CF) TO RURAL FIVE ACRE (R5A) AND RURAL FORESTRY (RF)
(AB97 -060)
Starkenburg reported for Planning and Development Committee and brought forward
Planning Commission =s recommendation. Gibson noted a public hearing will need to be
scheduled.
Starkenburg moved approval of a public hearing.
Motion carried unanimously.
2. CONSIDERATION OF APPEAL OF THE HEARING EXAMINER =S
DECISION ON CONDITIONAL USE PERMIT, CUP 96 -0028, FILED BY
DARCY GILL C/O LARRY KINGMA. (AB96 -430)
Regular Council Minutes, 2/11/97, Page 6
3. APPOINTMENT TO THE OPEN SPACE ADVISORY COMMITTEE (AB97 -064)
Dawson moved to appoint Donald Eugene Boyd.
Mr. Boyd was appointed by acclamation.
4. NOMINATION AND APPOINTMENT OF MEMBERS TO SERVE ON THE
ADDRESS AND ROAD NAME CITIZEN APPEALS COMMITTEE (AB96-
196A)
Starkenburg moved to nominate all six applicants: Ron Young; Thomas Stitt; Ray Arthur
Von Proctor; Gayle Pattenaude; Betty Sue Engels; and Robert Bruce Lindquist.
Name
Dawson
Brenner
Brown
Starken.
Sutter
Imhof
Young
X
X
X
X
Stitt
X
X
X
X
X
X
Von Proctor
X
X
X
X
X
X
Pattenaude
X
X
X
X
X
Engels
X
X
X
X
Lindquist
X
X
X
X
X
Name
Dawson
Brenner
Brown
Starken.
Sutter
Imhof
Young
X
X
X
X
Engels
X
X
Those appointed were Ron Young; Thomas Stitt; Ray Von Proctor; Gayle Pattenaude;
and Robert Lindquist.
INTRODUCTION ITEMS
Imhof moved acceptance of the introduction items.
Motion carried unanimously.
ORDINANCE REGARDING THE INSTALLATION OF TRAFFIC CONTROL
SIGNS ON CERTAIN COUNTY ROADS (AB97 -074)
2. ORDINANCE AUTHORIZING THE ISSUANCE OF LIMITED TAX
Regular Council Minutes, 2/11/97, Page 7
GENERAL OBLIGATION AND REFUNDING BONDS IN THE AMOUNT OF
$10 MILLION (AB97 -075)
3. ORDINANCE AMENDING THE 1997 BUDGET, REQUEST #2 (AB97 -076)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Nooksack Water Users Steering Committee (AB94 -305): Sutter pointed out another
committee has been formed to develop a program to introduce the idea and process for selecting
and establishing a water resources management board. They will meet at the PUD office on the
Trigg Road in Ferndale on February 14.
Washington State (AB97 -001): Starkenburg announced February 26 is the deadline for
the WACERT application submission for loan grants.
Gibson reported that Governor Locke met with the majority leaders of the House and
Senate, and there appears to be some measure of consensus on changes to the Growth
Management Act.
The meeting was adjourned at 9:20 p.m.
Nadean Hanson, Recording Secretary
These minutes were approved by the Council on 11997.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Alvin Starkenburg, Council Vice Chair
Regular Council Minutes, 2/11/97, Page 8