HomeMy WebLinkAboutCouncil September 9 1997WHATCOM COUNTY COUNCIL
Regular Council Meeting
September 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 during executive session, the following were discussed: pending
litigation was discussed with Senior Civil Deputy Prosecuting Attorney Karen Frakes and an
update was received (AB97 -018); direction was provided to Administration regarding the
Sheriff s Guild collective bargaining agreement (AB97 -310); and appeal of Hearing Examiner =s
decision filed by McCormick (AB97 -182).
Brenner moved to remand to the Hearing Examiner for consideration on design
standards.
Motion carried unanimously.
Out of executive session, an update was received from Deputy Administrator Dave
Wareing regarding dollars from the city of Bellingham (criminal justice services rendered)
(AB97 -197), who reported where those dollars have gone and where they will be going.
CANVASSING
COUNCIL SELECTION OF MEMBERS TO SERVE ON THE WHATCOM
COUNTY CANVASSING BOARD TO CANVAS BALLOTS OF THE
REGULAR, SPECIAL, ABSENTEE, AND QUESTIONED BALLOTS FROM
THE PRIMARY AND SPECIAL ELECTIONS HELD ON SEPTEMBER 16,
1997. THE CANVASSING BOARD WILL MEET ON SEPTEMBER 24, 25,
AND 26 AT 9:00 A.M. IN THE AUDITOR =S OFFICE AND WILL CONTINUE
UNTIL THE CANVASS IS COMPLETE.
Regular Council Minutes, 9/9/97, Page 1
Nelson nominated Starkenburg, Council vice - chair, as head of the canvassing board.
September 24: Brown
September 25: Imhof morning; Brenner afternoon
September 26: Sutter
COUNCIL SELECTION OF MEMBERS TO SERVE ON THE WHATCOM
COUNTY CANVASSING BOARD TO CANVAS BALLOTS OF THE
REGULAR, SPECIAL, ABSENTEE, AND QUESTIONED BALLOTS FROM
THE SPECIAL DIKING 3 AND DIKING 4 FORMATION ELECTIONS TO BE
HELD ON SEPTEMBER 16, 1997. THE CANVASSING BOARD WILL MEET
ON WEDNESDAY, SEPTEMBER 17 AT 4:00 P.M. IN THE AUDITOR =S
OFFICE AND WILL CONTINUE UNTIL THE CANVASS IS COMPLETE.
September 17: Brenner
APPROVAL OF MINUTES
APPROVAL OF MINUTES FROM THE MAY 6, MAY 20, JULY 29, AND
AUGUST 12, 1997 REGULAR COUNCIL MEETINGS; JUNE 10, 1997
MEETING OF THE COUNCIL AS THE BOARD OF HEALTH; JUNE 17 AND
JULY 8, 1997 SPECIAL COUNCIL WORK SESSIONS.
Dawson moved approval.
Motion carried unanimously.
OPEN SESSION
The following people addressed Council:
Jeff Margolis, 5465 Potter Road, Van Zandt: Nooksack River (AB97 -196A)
Bob Mitchell, 416 Garfield, Sumas mayor, representing the cities of Sumas, Everson,
Nooksack, and Abbotsford: Nooksack River (AB97 -196A)
Nona Corcoran, 2331 Jaeger Street: Drug dealing on Squalicum Beach near Mt. Baker
Plywood (AB97 -278) (Sheriff Brandland responded; possibly will go to Public Works and
Capital Projects Committee)
Dave Wareing, Deputy Administrator: TCI complaint -- requested confirmation Council
had Administration =s response (AB97 -278)
Marian Beddill, 3600 Seely Street, Bellingham: Flood Hazard Management (AB97 -
196A)
Art Anderson, 5326 Williams Road, Everson, vice chair to flood advisory group:
Nooksack River (AB97 -196A)
Regular Council Minutes, 9/9/97, Page 2
Jack Kittner, 1836 Silver Beach Road, Bellingham: Comprehensive Plan (AB97 -051)
CONSENT AGENDA
Brown reported for Finance and Administrative Services Committee and moved approval
of items 1 -5.
Item 5 was pulled.
Motion to approve items 1 -4 carried unanimously.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO RENEW THE
INSURANCE POLICY ON THE WHATCOM CHIEF FERRY (AB97 -303)
2. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT WITH THE NORTH SOUND REGIONAL
SUPPORT NETWORK EXTENDING CURRENT CONTRACT TO
SEPTEMBER 30, 1997, IN THE AMOUNT OF $38,747 (AB97 -304)
3. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A
PARTNERSHIP AGREEMENT WITH NORTHWEST REGIONAL COUNCIL
TO PROVIDE EPIDEMIOLOGY SERVICES TO A FOUR COUNTY REGION
IN THE AMOUNT OF $28,900 (AB97 -305)
4. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT WITH DAVID EVANS & ASSOCIATES FOR ENGINEERING
SERVICES FOR ROAD REPAIRS OF RUTSATZ ROAD, WEST SHORE
ROAD AND NOON ROAD, DAMAGED DUE TO SLIDES, IN THE AMOUNT
OF $54,000 (AB97 -306)
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT WITH EPICENTER ASSOCIATIONS FOR
COMPLETION OF THE 1996 WHATCOM COUNTY DRAFT SOLID WASTE
MANAGEMENT PLAN IN THE AMOUNT OF $19,940 (AB97 -307)
Brown moved to amend by deleting $19,940 and adding language: Aadditional $6,500 ".
Dave Wareing, Executive =s Office, clarified by stating the agenda item is incorrect; the
packet document is correct.
Motion to approve the authorization carried unanimously.
PUBLIC HEARING
RESOLUTION AMENDING THE FINAL ORDER OF VACATION OF
Regular Council Minutes, 9/9/97, Page 3
JEFFERSON AVENUE, RECORDED UNDER AUDITOR =S FILE NO.
940324123 (AB97 -258)
Ed Henken, Public Works, Engineer, gave a staff report and explained one person's
concern.
Nelson opened the public hearing, and the following person spoke:
(Clerks Note: Tape 1, side B)
Dean Curtis, petitioning property owner
Hearing no one else, Nelson closed the public hearing.
Imhof moved approval of the vacation.
Motion to approve carried unanimously.
2. RESOLUTION AUTHORIZING THE SALE OF TAX TITLE PROPERTY BY
AUCTION, REQ. #97 -2 (AB97 -293A)
Dave Wareing, Deputy Administrator, gave a staff report.
Nelson opened the public hearing, and no one spoke.
Nelson closed the public hearing.
Imhof moved approval to sell by auction or by negotiation with a minimum bid of $10.
Motion carried unanimously.
3. RESOLUTION AUTHORIZING THE SALE OF TAX TITLE PROPERTY BY
NEGOTIATION, REQ. #97 -3 (AB97 -294A)
Dave Wareing, Deputy Administrator, gave a staff report.
Nelson opened the public hearing, and no one spoke.
Nelson closed the public hearing.
Imhof moved approval with a minimum bid of $10.
Motion carried unanimously.
Regular Council Minutes, 9/9/97, Page 4
4. RESOLUTION IN THE MATTER OF MODIFYING THE CURRENT
WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT FUNDING
MECHANISM PERTAINING TO DEPARTMENT OF NATURAL
RESOURCES DESIGNATED FOREST LANDS (AB97 -295)
Jeff Monsen, Public Works Director, gave a staff report.
Nelson opened the public hearing, and the following person spoke:
Nick Michael, Department of Natural Resources, 2715 E. Smith
Nelson closed the public hearing.
Imhof moved approval of the resolution.
Motion carried unanimously.
OTHER ITEMS
REQUEST DISCUSSION AND COUNCIL DIRECTION REGARDING TWO
VACANT POSITIONS IN THE SHERIFF =S OFFICE FUNDED WITH
SPECIAL REVENUES (AB97 -302)
Brown reported for Finance and Administrative Services Committee.
Dale Brandland, County Sheriff, gave explanation, noting that funding comes from the
Nooksack Casino. Because the casinos are in trouble, funding is apparently questionable.
Dave Wareing, Executive =s Office, also commented. Discussion followed. Topics discussed
included: interim funding vs long -term funding; the Gambling Commission determines monies
due to the County; shortfall of $250,000 in revenues (the amount pledged by the casino); deputy
positions; funding for the Sheriff =s Office; and monies received to date.
Imhof moved to wait to fund the additional two positions until the budget process and the
Gambling Commission can determine how much, if any, funds will be forthcoming.
Motion carried unanimously.
2. APPROVAL OF CONTRACT WITH MICHAEL BOBBINK FOR HEARING
EXAMINER SERVICES (AB97 -298)
Brown reported for Finance and Administrative Services Committee and moved
approval.
Motion carried unanimously.
Regular Council Minutes, 9/9/97, Page 5
3. DISCUSSION AND REVIEW OF ADOPTION SCHEDULE FOR THE
COMPREHENSIVE FLOOD HAZARD MANAGEMENT PLAN (AB97 -308)
Brenner reported for Public Works and Capital Projects Committee and stated this item
was discussed only. More information will follow at the next meeting (September 23).
4. ORDINANCE ADOPTING A PERMANENT WHATCOM COUNTY CODE
CHAPTER 16.16, CRITICAL AREAS, TO COMPLY WITH THE
WASHINGTON STATE GROWTH MANAGEMENT ACT (AB97 -226A)
Starkenburg reported for Planning and Development Committee that this item was held
in committee.
5. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, BY CREATING A NEW ZONE DISTRICT, URBAN
RESIDENTIAL - MIXED (UR -MX) (AB97 -269)
Starkenburg reported for Planning and Development Committee moved approval with the
following amendments.
Michael Knapp, Planning and Development Services Director, briefly addressed the item
not approved by the city or committee; that is, the accessory /detached dwelling units.
Nelson moved approval of the Bellingham amendments as brought forward by Planning
and Development Committee.
1. Add new language to the last sentence of the Purpose statement, Section
20.24.010:
AResidential development should be located within walking distance of transit
stations, parks and recreational areas, designated commercial areas, and other
employment centers where appropriate.=
2. Delete .053 of Section 20.24.050, Permitted uses:
Delete Section 20.24.132 (1)(e), Uses:
MR
Regular Council Minutes, 9/9/97, Page 6
Regular Council Minutes, 9/9/97, Page 6
4. Add to Section 20.24.100, Accessory uses:
(2)(d) Locational criteria
ACommunity Centers shall not be developed in areas characterized by residential
development at less than 1 dwelling unit per acre except as part of a mixed
residential development.=
Motion carried unanimously.
Starkenburg moved approval of the following amendment:
Provide a better match between the Purpose statement in Section
20.24.010 on page 2 of the proposed URMX zone and the purpose
statement in the plan on page 14, Section 2.16.
Motion to amend carried unanimously.
Starkenburg moved approval of the following amendment regarding language change:
2. Section 2024.132 (1) (a) add: "...provided that food markets may
have no more than two islands gasoline puffs ."
Discussion followed regarding the words Aislands= and Apumps =, noting that an island
could accommodate four vehicles (two pumps).
Motion to amend carried unanimously.
Starkenburg moved approval of the following amendment regarding language change:
3. Section 20.24.132 (2)(c), page 6: Change "one mile" to
one -half mile ".
There was discussion on the motion.
Motion to amend carried 6 -1 with Brenner opposed.
Motion as amended carried unanimously.
6. ORDINANCE ADOPTING THE URBAN FRINGE SUBAREA ZONING MAP
UPDATE (AB97 -273)
Starkenburg reported for Planning and Development Committee and moved a map
correction to map #1, the Mt. Baker Plywood area.
Regular Council Minutes, 9/9/97, Page 7
Motion to amend carried unanimously.
Starkenburg moved to amend map #4A, Dean Foods.
Motion carried 6 -1 with Brenner opposed.
No action was taken on map #14, the Bakerview/Hannegan industrial area.
Starkenburg moved to amend map #15, the Dewey Valley area, which would include the
Campbell property and the piece to the immediate west of that.
Motion carried 6 -1 with Nelson opposed.
Starkenburg moved to amend the map pertaining to the Smith/Guide Meridian area.
Motion carried unanimously.
Motion to adopt as amended carried 6 -1 with Brenner opposed.
7. ORDINANCE ADOPTING THE URBAN FRINGE SUBAREA PLAN LAND
USE ELEMENT (AB97 -273A)
Starkenburg reported for Planning and Development Committee and moved to adopt with
the following amendments:
1. Page 1, Section 1.07: delete the last sentence: "City deyelo"me
standafds shall be enfefeed in Belliaghaiyt—s Urban Growth Are
tmiess a different standard is negotiated."
2. Page 46, first paragraph: rewrite to read: AThe City of
Bellingham, Whatcom County, Port of Bellingham, and other
public agencies shall cooperate in developing an interlocal
agreement and seeking funding sources to address storm water and
drainage basin planning... .=—
3. Pages 55, 80, 81 and other locations under the heading
COMPARABLE CITY ZONING:
In the sentence that reads: "Special consideration should be given to lot
consolidation,... ", change "consolidation" to "aggregation ". A definition
shall be written for Aaggregation -.
Regular Council Minutes, 9/9/97, Page 8
4. Page 101, under the heading AREA 4: change the description to
include the 20 acres taken from Map 15 (Melbo and Campbell
property).
Motion to amend carried unanimously.
Main amended motion carried 6 -1 with Brenner opposed.
(Clerks Note: A ten - minute break was taken.)
8. CONSIDERATION OF HEARING EXAMINER =S RECOMMENDED
APPROVAL OF A PLANNED UNIT DEVELOPMENT FILED BY ANGUS
AND PAULA MCEACHEN FOR AGENEVA HILLS= (AB97 -301)
Starkenburg reported for Planning and Development Committee and moved approval
with the condition that future buyers be notified of the issue of invalidation of the PUD
ordinance by the Growth Management Hearings Board.
Dan Gibson, Prosecuting Attorney =s Office, gave a report.
Bruce Ayers, representing the applicant, spoke to explain the basics of the request
(handout on file). He did not feel notice to potential buyers was necessary and, in fact, created a
further encumbrance and would not be in the public interest.
Bob Carmichael, attorney, offered to answer questions.
Gibson explained that an additional condition could be added ( #30) requiring notification
to potential future buyers.
#30:
(Clerks Note: Tape 2, side A)
Starkenburg amended the motion to approve to add the language proposed for condition
ANotice shall be given to prospective purchasers of the orders of the Growth
Management Hearings Board pertaining to Planned Unit Developments, as
discussed in the Hearing Examiners Findings of Fact, Conclusions of Law, and
Recommendation. The notice need not be noted on the final plat, but shall be
approved by the County and may be revised as circumstances and conditions
change if such revisions are approved by the County. In the event circumstances
and conditions change to the extent that the County deems the notice no longer to
be required, this condition shall no longer apply.-
Motion to approve as amended carried unanimously.
Regular Council Minutes, 9/9/97, Page 9
9. RESOLUTION ADOPTING RECOMMENDATIONS FOR 1997 OPEN
SPACE /TIMBER APPLICATIONS AS RECOMMENDED BY THE
PLANNING COMMISSION (AB97 -309)
Starkenburg reported for Planning and Development Committee and moved approval of
the resolution.
Motion carried unanimously.
(Clerk=s Note: Tape 2, side B)
10. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER =S
DECISION ON PLS92 -0009, FILED BY J. MICHAEL AND CANDACE
MCCORMICK (AB97 -182)
See AAnnouncements =.
11. RESOLUTION SETTING A SPECIAL ELECTION WITHIN THE CITY OF
LYNDEN TO DETERMINE IF THE CITY OF LYNDEN SHALL BE
ANNEXED INTO THE WHATCOM COUNTY RURAL LIBRARY DISTRICT
(AB97 -318)
Imhof moved to approve the resolution.
Motion carried unanimously.
12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPOINT DEBRA
ADAMS TO FILL A VACANCY ON THE SUBSTANCE ABUSE ADVISORY
BOARD (AB97 -311)
Nelson moved approval.
Motion carried unanimously.
13. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING IN
THE MATTER OF CREATING A FLOOD CONTROL ZONE DISTRICT SUB -
ZONE IN THE LYNDEN /EVERSON AREA (AB97 -312
Imhof moved approval.
Motion carried unanimously.
Regular Council Minutes, 9/9/97, Page 10
14. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING IN
THE MATTER OF CREATING A FLOOD CONTROL ZONE DISTRICT SUB -
ZONE IN THE ACME/VANZANDT AREA (AB97 -313)
Imhof moved approval.
Motion carried unanimously.
15. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING IN
THE MATTER OF CREATING A FLOOD CONTROL ZONE DISTRICT SUB -
ZONE IN THE SUMAS/NOOKSACK/EVERSON AREA (AB97 -314)
Imhof moved approval.
Motion carried unanimously.
ADDENDUM
16. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING ON
PROPOSED ANNEXATION OF THE GLACIER GREEN AREA INTO THE
GLACIER WATER DISTRICT (AB97 -319)
Dawson moved approval.
Motion carried unanimously.
INTRODUCTION ITEMS
Imhof moved to accept the introduction items.
Motion carried unanimously.
1. ORDINANCE ESTABLISHING A FLOOD CONTROL ZONE DISTRICT SUB -
ZONE IN THE LYNDEN /EVERSON AREA (AB97 -312A)
2. ORDINANCE ESTABLISHING A FLOOD CONTROL ZONE DISTRICT SUB -
ZONE IN THE ACME/VANZANDT AREA (AB97 -313A)
3. ORDINANCE ESTABLISHING A FLOOD CONTROL ZONE DISTRICT SUB -
ZONE IN THE SUMAS/NOOKSACK/EVERSON AREA(AB97 -314A)
4. ORDINANCE AMENDING THE 1997 BUDGET, SUPPLEMENTAL #10 (AB97 -315)
5. ORDINANCE AMENDING THE WHATCOM COUNTY SHORELINE
Regular Council Minutes, 9/9/97, Page 11
MANAGEMENT ACT INCORPORATING CIVIL PENALTIES FOR
VIOLATORS (AB97 -316) (HEARING TO BE SCHEDULED)
ADDENDUM
6. RESOLUTION SUBMITTING THE PROPOSED ANNEXATION OF THE GLACIER
GREEN AREA INTO THE GLACIER WATER DISTRICT TO THE VOTERS AT THE
NOVEMBER GENERAL ELECTION (AB97 -319A)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Comprehensive Plan (AB97 -051): Gibson reported that four appeals have been filed on
the adoption of the Plan. Pete Kremen, Executive =s Office, negotiated with the parties who
filed one of the appeals (the fire districts) and agreement has been reached.
Proposed Regulation of Jet Ski Watercraft of Lake Whatcom (AB97 -317): Brenner
reported on this issue and stated she would like City and County Councils to have a joint hearing
regarding watercraft usage on all the lakes. She would like to know if there are pollution
impacts from watercraft usage in the watershed.
High -Speed Passenger Rail (Discovery Institute Cascadia) (AB96 -371): Sutter
reported that a high speed passenger rail for Whatcom County is not on the radar screen for
intermodal transportation potential. There are presently, however, avenues for capitalization.
Starkenburg reminded everyone that next Tuesday at 12:30 p.m., September 16, there
will be a Health Board meeting.
Proposed Annexation of Glacier Green (AB97 -319): There will be a special meeting
on Thursday, September 18, regarding the proposed annexation of this area.
ADJOURN
The meeting was adjourned at 9:40 p.m.
Marina Mason, Recording Secretary
These minutes were approved by Council on 11997.
Regular Council Minutes, 9/9/97, Page 12
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk L. Ward Nelson, Council Chair
Regular Council Minutes, 9/9/97, Page 13