Loading...
HomeMy WebLinkAboutCouncil March 11 1997WHATCOM COUNTY COUNCIL Regular Council Meeting March 11, 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 the Committee of the Whole met earlier today to discuss pending litigation (AB97 -018) and received a progress report on continuing arbitration in litigation regarding garbage (AB97 -018). APPROVAL OF MINUTES APPROVAL OF THE MINUTES FROM THE JANUARY 28 AND FEBRUARY 11, 1997 REGULAR COUNCIL MEETINGS AND THE FEBRUARY 18, 1997 SPECIAL COUNCIL MEETING. Dawson moved approval. Motion carried unanimously. OPEN SESSION The following people addressed Council: Amy Mangum, City Planner, City of Lynden: WA -CERT (handout on file) (AB97 -066) Steve Meacham, Friberg Construction: Loomis Trail Road (AB97 -105) Jean Freestone, 3200 Vallette Street: The Freestones will be doing a presentation at the next Drayton Harbor Shellfish Advisory meeting. Also, the League of Women Voters will be doing a presentation on Growth Management on April 5, 1997. There was discussion with Roger Ellingson and Dan Gibson, Prosecuting Attorney =s Office, Minutes, 3/11/97, Page 1 regarding opening of the public record for the County -Wide Planning Policies (AB96- 401A). Gibson informed Ellingson the record was closed as of February 11. Ellingson, after further discussion with Gibson and Chair, was allowed to briefly comment about the amendments proposed by the state. Sutter clarified Ellingson--s comment about Ain stream flow =. CONSENT AGENDA Imhof reported for Finance and Administrative Services Committee and moved approval of items 1 through 5, 7, 9 and 10 (he did state committee did not act on #9 and #10 due to his oversight and explained their meaning). Motion carried unanimously. 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD THE BID TO THE LOW BIDDER, PALADIN DATA, FOR PERMIT TRACKING SOFTWARE AND SUPPORT (AB97 -099) 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BIDS FOR THE ANNUAL SUPPLY OF CONCRETE CULVERT (AB97 -100) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BIDS FOR THE ANNUAL SUPPLY OF ASPHALTIC MIXES (AB97 -101) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH THE CITY OF BELLINGHAM FOR CRISIS INTERVENTION SERVICES (AB97 -102) 5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH REGION 3 AIDS SERVICE NETWORK FOR HIV SERVICES (AB97 -103) 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT WITH THE CONVENTION AND VISITORS BUREAU (AB97 -104) Imhof reported the total request is an approximate $9,300 increase from last year. He stated there was no motion from committee, as there were questions, and no one was present to answer them. He moved approval. Motion carried unanimously. 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE TASK ORDER 13B OF THE NOOKSACK WATER USERS STEERING COMMITTEE Minutes, 3/11/97, Page 2 (AB97 -068A) 8. RESOLUTION ESTABLISHING CRP 994015, THE RECONSTRUCTION OF LOOMIS TRAIL ROAD AND APPROVAL OF AWARD OF CONTRACT TO THE LOWEST BIDDER, TIGER CONSTRUCTION, IN THE AMOUNT OF $767,823.60 (AB97 -105) Imhof noted his committee recommended approval of the resolution with a 2 -1 vote and moved approval. Dan Gibson addressed the difficulty of bids that are close calls. The County tries to protect the integrity of the bid process. There was discussion of possible legal relief Friberg Construction may seek. There was further discussion. Bruce Mills, Engineering, stated Friberg was contacted, and a meeting resulted in Friberg's assurances that their subcontractors did not meet the 10% of the bid amount. Imhof stated that the bid form document requests the information be given. The integrity of the bid process must be maintained. Brenner stated that it was only an oversight, and it will save the County $30,000. The County has previously made exceptions. Nelson asked Gibson the future ramifications and future bidding processes. He asked if this sets a precedent. Gibson stated that the more subjective the bidding processes, the more it opens up to arguments, exceptions and negotiations of mistakes. County staff has always played as close to the rules as possible, so that everyone knows those rules and there will be no argument. In terms of negotiation, from the bidders standpoint, the integrity of the County can be undermined in the administration of the bids. Imhof stated that Friberg has the ability to get a Declaratory Judgment. Starkenburg asked if a statement was made that Friberg would be liable for its own attorney fees if a Declaratory Judgement was sought. The reply was in the affirmative. Motion to approve the contract carried 6 -1 with Brenner opposed. 9. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING ON DONATION OF COUNTY -OWNED PROPERTY TO THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, REQUEST # 97 -2 (AB97 -109) 10. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING ON THE SALE OF TAX TITLE PROPERTY, REQUEST #97 -1 (AB97 -110) PUBLIC HEARING ORDINANCE DEFINING COMMUTE TRIP REDUCTION REQUIREMENTS FOR AFFECTED WHATCOM COUNTY EMPLOYERS AND ADOPTING THE COMMUTE TRIP REDUCTION PLAN FOR WHATCOM COUNTY (AB97 -090) Nelson opened the public hearing. Hearing no one, Nelson closed the public hearing. Minutes, 3/11/97, Page 3 Imhof moved adoption of the ordinance. Motion carried unanimously. 2. EMERGENCY ORDINANCE REPLACING ORDINANCE 96 -017, WHICH AMENDS WHATCOM COUNTY CODE 16.16, CRITICAL AREAS, TO COMPLY WITH THE WASHINGTON STATE GROWTH MANAGEMENT ACT (AB97 -089) Nelson opened the public hearing, and the following people spoke: Charles Evans, 3883 Centerview Road, Lummi Island, stated he and his wife were in favor of the ordinance adopted in 1992. He urged Council not to undertake any changes. Any change that strengthens the ordinance should be included. Roger Almskaar, land use consultant, urged Council adopt this only as an interim measure. He called attention to excessive standards, setbacks, and the opinions of those in higher places in the state. The County needs balance, not extremism. Hearing no one else, Nelson closed the public hearing. Imhof moved adoption of the ordinance. Motion carried unanimously. OTHER ITEMS 1. CONSIDERATION OF HEARING EXAMINER =S RECOMMENDED APPROVAL OF A PLANNED UNIT DEVELOPMENT FILED BY JONATHAN SITKIN FOR LOOMIS TRAIL, INC. (PUD 94 -0002, PLS94 -0004, SHS94 -0013) (AB97 -093) Starkenburg reported for Planning and Development Committee and moved approval. Committee determined the easement issue should be handled between the two parties involved. Dan Gibson stated the PUD is the main issue. Two other items are also at issue, the shoreline substantial development permit and preliminary long plat. So, Council is requested by the Hearing Examiner to approve those three items and the conditions attached to them. The Hearing Examiner has stated that the issue of the easement should be solved in the context of the final plat. Motion to approve carried unanimously. 2. RESOLUTION AMENDING THE COUNTY -WIDE PLANNING POLICIES (AB96 -401A) Minutes, 3/11/97, Page 4 Starkenburg reported for Planning and Development Committee and moved approval of the substitute resolution. The committee received a response from Department of Community Trade and Economic Development (CTED), which made some positive points and also some recommendations. County staff then reviewed the planning policies and incorporated those recommendations into a substitute resolution brought forward. Starkenburg outlined the changes committee made. Staff included items from the state with the exception of the in stream issue. Starkenburg moved a five- minute recess to review committee =s amendments. Motion carried unanimously. Starkenburg stated that on page 2 of the substitute document, items were omitted unintentionally by staff on page 2, #2 and #3. Michael Knapp, Planning and Development Services Director, explained. Sutter moved to amend on page 2, item #2, at the end of the sentence to read: A ... and outside of areas currently characterized by intensive a development threshold greater than rural density.= Gibson stated that at some point the word "intensive" will have to be defined. It is more appropriate in the context of the Comprehensive Plan. There was discussion on the use of the word Aintensive -. Knapp also commented. Starkenburg moved the wording in item #3 would stand as it is because the correction was made in item #2. favor. Council agreed to work through the substitute document as it is written. Motion to leave Aintensive- in item #3 failed 3 -4 with Starkenburg, Dawson and Imhof in Starkenburg stated the rest of the document is as agreed upon in committee. Brenner moved to amend on page 1, on policy B1, to add language: A ... forestry and other natural resources and renewable natural resource based industries. ...=— There was discussion on the motion. Motion failed 1 - 6 with Brenner in favor. Michael Knapp noted for clarification on page 4, item #5, Apossible= is stricken. Minutes, 3/11/97, Page 5 Sutter moved to amend on page 8, # 5, by deleting AEconomic Development Administration =: A ... cooperate in preparing the Econe ie Development ^ aministr -ati AOverall...�. Motion to strike carried unanimously. Brenner moved to amend on page 8, number I9: A ... need for the protection and utilization of renewable natural resources and resource... . ...policies and regulations that protect renewable resource land industries ... =. Motion to amend failed 1 - 6 with Brenner in favor. Brenner moved to amend on item #I9: A ... fisheries industries should be encouraged ,�,,,:,� in a sustainable manner.-- Motion failed 3 -4 with Brenner, Brown and Nelson in favor. Brenner moved to amend on page 11, #N2: "...resource protection shall have priority. Water resource protection shall have a priori 1y". Gibson stated that this is covered in the last sentence of that paragraph. Water resources are given priority in conflict situations. Regulations are developed to give priority. Water resources will be protected over and above anything else. Starkenburg stated the Oversight Committee discussed the language in its entirety. The committee attempted to come up with closer language of what it meant without speculation. There were many language suggestions from the Oversight Committee and the cities. There was discussion on why the language was stricken originally. Motion to amend failed 2 -5 with Dawson and Brenner in favor. Sutter pointed out on page 12, #2, scrivener's error: "... are needed beyond those that presently provided by... ". Sutter moved to amend on page 12, P2, by deleting: R:.... .......... - - • - • - - - - � - ���� rrrtrs�e�s�eee��a:Erstreer.© Minutes, 3/11/97, Page 6 Motion to amend carried unanimously. Sutter moved to amend on page 12 by including the definition of mitigation fees with impact fees to read in the glossary: "Impact /Miti ag tion Fees ". Motion to amend carried unanimously. Sutter moved to amend by clarifying the definition of "infill ": AThe practice of using developable land that lies within a city, UGAS or seRlemen4 in leea4 ens ^leser- ^ developed area outside resource lands or services are available rather than ... =. Motion to amend carried unanimously. Sutter moved to amend on page 13, under Natural Resource Lands: "... extraction of minerals. and er -idea Motion to amend carried unanimously. Brenner moved to amend on page 13, Resource Based Industry: AA business or renewable resource industry that has a direct relationship to renewable natural resources such as agriculture, mss, forestry and... proximity to the renewable resource or renewable resource land.= Motion failed 1 -6 with Brenner in favor. Resolution as amended carried 6 -1 with Brenner opposed. 3. TECHNICAL CORRECTION TO A MOTION MADE AT THE FEBRUARY 25, 1997 COUNCIL MEETING REGARDING THE 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) (ORDINANCE 97 -007) (AB97 -060) Nelson stated Council's intent was to make an amendment suggested by Phil Serka; that is, zoning the north 40 acres from Commercial Forestry to Rural Forestry. Minutes, 3/11/97, Page 7 Dawson moved to amend the Planning Commission =s recommendation. Starkenburg asked to clarify. Dan Gibson stated there are three pieces involved. The recommendation for the two southern pieces remains as is. The northern portion was intended to be changed to Rural Forestry. Starkenburg stated the ingress /egress issue was discussed. Motion to amend carried 5 -2 with Nelson and Imhof opposed. Ordinance as amended carried 6 -1 with Imhof opposed. 4. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.92.840, APPEALS OF COUNTY COUNCIL DECISIONS (AB97 -080) Gibson stated this brings the County into compliance with the Land Use Petition Act. Brenner moved adoption. Motion to adopt carried unanimously. 5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN AN APPLICATION FOR A CLASS H LIQUOR LICENSE FOR THE BREAKERS TAVERN LOCATED AT 531 MARINE DRIVE, POINT ROBERTS (AB97 -106) Imhof moved approval. Motion carried unanimously. 6. REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO APPOINT CAROL WERNER HOWE TO THE MENTAL HEALTH ADVISORY BOARD (AB97 -107) Imhof moved the nomination. Motion carried unanimously. 7. RESOLUTION AMENDING RESOLUTION #96 -021, PRIORITIZING WHATCOM COUNTY PROJECTS FOR THE WASHINGTON COMMUNITY ECONOMIC REVITALIZATION TEAM (WA -CERT) (AB97 -066) Sutter moved the City of Lynden =s request #7 to position #2. Everything else should move down one position. There was discussion on the merits of this move. Minutes, 3/11/97, Page 8 Motion to amend carried unanimously. Motion to approved as amended carried unanimously. INTRODUCTION ITEMS Nelson moved to amend the language of introduction items #2 and #3. Motion to amend carried unanimously. Nelson moved acceptance of introduction items #2 and #3 as amended. Motion to accept introduction items carried unanimously. ORDINANCE ESTABLISHING A 35 MPH SPEED LIMIT ON BAKERVIEW ROAD FROM HANNEGAN ROAD TO JAMES STREET ROAD, LOCATED WITHIN SECTIONS 8 AND 17, TOWNSHIP 38 NORTH, RANGE 3 EAST OF W.M. (AB97 -108) (HEARING TO BE SCHEDULED) 2. RESOLUTION AUTHORIZING THE DONATION OF COUNTY OWNED PROPERTY TO THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION REQUEST #97 -2 (AB97 -109A) (HEARING TO BE SCHEDULED) 3. RESOLUTION AUTHORIZING THE SALE OF TAX TITLE PROPERTY, REQUEST #97 -1 (AB97 -11OA) (HEARING TO BE SCHEDULED) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Petition from the Coalition of Washington Counties to the state legislature (AB97 -001): Sutter noted she has received two signed petitions and asked anyone interested to contact her. Nelson stated he attended a meeting regarding recycling issues /future programs. If anyone is interested in working on this committee, contact him. Comprehensive Plan (AB97 -041): Gibson noted the public hearing on this issue is March 18 with adoption scheduled for March 25. Much work needs to be done for that to occur. ADJOURN The meeting was adjourned at 9:10 p.m. Minutes, 3/11/97, Page 9 Jill Nixon, Recording Secretary These minutes were approved by Council on , 1997. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown - Davis, Council Clerk L. Ward Nelson, Council Chair Minutes, 3/11/97, Page 10