HomeMy WebLinkAboutCouncil July 23 1996WHATCOM COUNTY COUNCIL
Regular Council Meeting
July 23, 1996
The meeting was called to order at 7:33 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 following items were discussed in executive session:
- discussion with Senior Deputy Prosecutor Karen Frakes regarding water negotiations
(AB96 -274);
- discussion regarding Solid Waste issues (direction was given);
- discussion with Senior Deputy Prosecutor Daniel Gibson on pending litigation regarding
Growth Management (AB96 -077); and
- executive session discussion regarding a personnel matter (AB96 -274).
SPECIAL PRESENTATION
SPECIAL PRESENTATION BY GARY MUGRIDGE REGARDING THE
WHATCOM COUNTY COMMUNITY NETWORK (AB96 -287)
Gary Mugridge explained the scope of work of the organization, which is mandated by
law through Olympia.
OPEN SESSION
The following people addressed the Council in open session:
David Niles, Pt. Roberts: Fire Commissioner vacancy in Pt. Roberts for Fire District #5
(AB96 -269)
Regular Council Minutes, 7/23/96, Page 1
Claudette Upton, Pt. Roberts: Fire Commissioner vacancy in Pt. Roberts for Fire District
#5 (AB96 -269)
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee and moved to
approve.
Imhof requested to pull item #3.
Items 1, 2, 4 and 5 carried unanimously.
1. RESOLUTION ESTABLISHING CRP 991247, THE RECONSTRUCTION OF
LAKE WHATCOM BLVD., (M.P. 2.54 TO M.P. 3.00) AND APPROVAL OF
AWARD OF CONTRACT TO THE LOW BIDDER, ONE WAY
CONSTRUCTION, INC., IN THE AMOUNT OF $1,081,867.20 (AB96 -273)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN THE DIVISION OF EMERGENCY
MANAGEMENT AND THE WASHINGTON STATE MILITARY
DEPARTMENT (AB96 -275)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
RENEWAL OF AN INTERLOCAL AGREEMENT BETWEEN THE HEALTH
DEPARTMENT AND THE CITY OF BELLINGHAM FOR SEPTIC SYSTEM
MAINTENANCE AND SURVEY WORK IN THE LAKE WHATCOM
WATERSHED (AB96 -276)
Imhof moved to approve and amend by adding language to packet page 41, Section 3.(a):
"This Agreement shall be effective beginning January 1, 1996, and shall continue
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through December 31, 1996. Thereafter, it will be renewed fQ € ...four:;{
::..::
! ed by the giving of sixty (60) days written notice by one party to the
other before the end of the calendar year. The Agreement shall only be renewed
on terms then agreed to by the parties."
Motion to amend carried unanimously.
Main amended motion carried unanimously.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID
#96 -54 FOR THE PURCHASE OF COPY, PRINTING, AND COMPUTER PAPER
(AB96 -277)
Regular Council Minutes, 7/23/96, Page 2
1 5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
2 CONTRACT WITH THE STATE OF WASHINGTON FOR GRANT FUNDING
3 OF A TRAFFIC SAFETY PROGRAM (AB96 -278)
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5 PUBLIC HEARING
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7 1. RESOLUTION REGARDING A PETITION FOR THE VACATION OF A
8 PORTION OF VARIOUS COUNTY ROADS AT CHERRY POINT, FILED BY
9 ROBERTA BALAREZO FOR TRILLIUM CORPORATION (AB96 -231)
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11 Ed Henken, Engineering, gave a staff report. Staff recommended deletion of the westerly
12 301 feet of the unimproved Brown Road because it is needed for the development of the private
13 property.
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15 Roberta Balarezo, Trillium Corporation, introduced Fred Sexton, President, Bellingham -
16 Whatcom Economic Development Council. She noted there were two issues involved: the public
17 view access; and the purpose and importance of the road vacation.
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19 Nelson opened the public hearing, and the following people spoke:
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21 Michael Ross, 4759 Bay Road: Concerned about closure of Pt. Whitehorn and
22 Aldergrove Roads
23 Sherilyn Wells, 1020 Geneva, Bellingham: Provided handouts and pointed out several
24 discrepancies between the information in the packet and the original staff report from the file.
25 The items she referred to included: the resolution, page 3, "the basis for request" language; Ed
26 Henken's first amendment in his May 16, 1996 memo; the "General" statement on packet page
27 155 is missing language that was in the original staff report; also missing language on packet page
28 156 that was in the original staff report, as well as three other areas on that same page where
29 language is not there that was in the original staff report; packet page 157, questioned the
30 language regarding "expected future infrastructure replacement "; and compared the differences in
31 the resolution "Conclusion" with the one in the original staff report. Also, on packet page 157,
32 she noted the view is a valuable resource. She recommended Council examine the original
33 resolution from staff and adopt that and reconsider vacation of the roads when there is an actual
34 project.
35 Lonnie Moore, P.O. Box 102, Custer: Opposed to this resolution
36 Dustin Dilley, 5503 Maple Way, Blaine: Concerned about the location of the proposed
37 new roads and the water run -off
38 Rick Hann, 5513 Maple Way, Blaine: Road vacation is premature
39 Diane Slagle, 5547 Maple Way, Blaine: Issue is about more than road vacation
40 Gary Peterson, 6847 Holeman Avenue, Bellingham: Public enjoyment of these roads and
41 general use of same; opposed to resolution
42 Bruce Boyle, P.O. Box 1141, Bellingham: In favor of resolution
43
Regular Council Minutes, 7/23/96, Page 3
Patrick Alesse, 4825 Alderson Road: In agreement with all speakers except Mr. Boyle
Allison Killebrew, 2805 Cedarwood Avenue, Bellingham: Opposed to resolution
Hearing no one else, Nelson closed the public hearing.
Starkenburg asked to hear from Mr. Sexton regarding the proposed use of the land.
Sexton spoke about wages, cost of housing, and the shortage of industrially -zoned land in this
area.
Brenner moved to hold in committee and to have a work session on it in order to get more
information.
There was discussion on the motion.
There was further discussion, along with questions of staff. Balarezo spoke to emergency
access to these roads, as well as the fact that Trillium will be paying for any new roads; no
community funds will be used. She also pointed out the 32.5 acres will return to Trillium's
property tax roles; the maintenance funds for those roads will no longer be needed; the liability
issues for the County will be eliminated; and Trillium will be working with the neighbors, staff and
the Development Council regarding their needs and concerns. She stated that, at this time, there
is no specific proposal. The ultimate outcome of this property is going to be a valuable asset to
this community.
Further discussion ensued.
Brown moved to amend the motion by putting Point Whitehorn and Aldergrove Roads in
committee and voting on the remaining vacation at this time.
Motion to amend failed 3 -4 with Nelson, Brown and Brenner in favor.
Motion to hold in committee failed 3 -4 with Brenner, Brown and Nelson in favor.
Imhof moved approval of the resolution.
Motion carried 5 -2 with Brown and Brenner opposed.
(Clerk's Note: A five- minute break was taken.)
2. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO
MERIDIAN SCHOOL DISTRICT FOR A PERIOD OF 25 YEARS PURSUANT
TO STATE LAW AND SECTION 9.30 OF THE WHATCOM COUNTY HOME
RULE CHARTER TO OPERATE AND MAINTAIN AN INTRA- DISTRICT
Regular Council Minutes, 7/23/96, Page 4
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FIBER OPTICS LINE ALONG ROADS AND OTHER COUNTY PROPERTY
WITHIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY (AB96 -247)
Mary Scrimsher, Executive's Office, gave a staff report and recommended approval.
Nelson opened the public hearing.
Hearing no one, Nelson closed the public hearing.
Imhof moved to adopt the ordinance.
Motion to adopt carried unanimously.
OTHER ITEMS
1. ORDINANCE ESTABLISHING A CONTINUOUS AND ON -GOING
CONTRACT FOR COMBINED TREATMENT SERVICES TO PROVIDE
SERVICES FOR THE MENTALLY ILL AND SUBSTANCE
ABUSE/PREVENTION CONSUMERS IN THE COMMUNITY (AB96 -266)
Imhof reported for Finance and Administrative Services Committee and stated this item
was held in committee for two weeks (August 6) for administrative discussion.
2. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING ON
THE SALE OF TAX TITLE PROPERTY, REQUEST #95 -9 (AB95 -502)
This item was withdrawn.
3. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING ON
THE SALE OF COUNTY -OWNED PROPERTY, REQUEST #95 -10
(AB95 -503)
This item was withdrawn.
4. DISCUSSION REGARDING REQUESTING THE ADMINISTRATION TO
DRAFT DOCUMENTATION ESTABLISHING A "MEMORIAL SIGN
PROGRAM" FOR VICTIMS OF DRUNK DRIVING ACCIDENTS (AB96 -285)
Brenner reported for Public Works and Capital Projects Committee and explained that an
ordinance will be coming forward.
5. ORDINANCE RELATED TO LAND USE AND ZONING, AND ADOPTION
OF NEW ADMINISTRATIVE PROCEDURES FOR PROCESSING PROJECT
Regular Council Minutes, 7/23/96, Page 5
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PERMIT APPLICATIONS AS REQUIRED BY THE REGULATORY
REFORM ACT, CHAPTER 36.20B RCW (AB96 -233) (FROM 719)
Starkenburg reported for Planning and Development Committee and explained -that this
item is a substitute Exhibit 1 dated July 23, and he moved approval.
(Clerk's Note: Bill Florea, Planning and Development Services, commented after
amendments were moved as a matter of explanation)
Starkenburg moved to approve the substitute Exhibit 1 dated July 23, 1996.
Starkenburg moved to amend the Exhibit 1 on page 3, Section 2.33.050.D.2., by striking
"names" and inserting "the agencies ".
Motion to amend carried unanimously.
"2. To the extent known, identify other agencies that may have jurisdiction
-his the project permit application.
shall be
... ...............................
included in the determination of completeness."
Starkenburg moved to amend page 4, E2, by replacing the redline with "this period shall
be extended at the applicant's request in 90 -day increments".
Motion to amend carried unanimously.
"2. The applicant shall have ninety (90) days from the date that the notification
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was issued, to submit the necessary information to the County. lurcrra
Starkenburg moved to amend the staff recommendations, on page 10, #1, 2, 3, 4, SEPA
Amendments and Title 21.
Motion to amend carried unanimously.
"1) Delete all reference to [ ly].
2) 2.33.020 Exemptions [418]
2. A final decision is made by the County pursuant to
Section 2.33.090:
Regular Council Minutes, 7/23/96, Page 6
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a. within 90 days of a determination of completeness if the project is
ex em
off... �.....� ..����a` "�r�?1�.......:... "..........,
b. within 120 days of a determination of completeness if the project is
3) 2.33.090 Permit Review Limitations and Notice ofFitl Decision
[413]
A. 1. within ninety. (90) days of a determination of completeness if the
project is exempt from SEPA review ss ;rt?:z? } erod
is fi? v:fi:: .... :2•i:rr:. "i:.
.n.,.,. :,..
•: .i xr :: { ? {: ; v:??? i;?-0 ii'.: n�::.: x; �::: x :::::::: ?: ?:p }- :. +::v.}:;w::; :. :�:: :.:: is n ...f�.
�aa��cloun
2. within ninety (90) days of a determination of completeness if the
project is a subdivision under Title 21 WCC >Sir?
I? J ...
3. within one hundred and twenty (120) days of a determination of
completeness if the project other than a subdivision and is subject
E: >: -t o EPA review j: 0
�. .� �.��..�..� d�r�.......�t......
4) Add to 2.33.060.D.2.a. as follows:
SEPA AMENDMENTS
Amend 16.08.055 as follows:
Title 21
21.20.080 Public p t c cO Hearing
Starkenburg moved to amend by approving staff requested changes to Exhibit 2 on page
11, "Definitions ".
Motion to amend carried unanimously.
Regular Council Minutes, 7/23/96, Page 7
[402(4)]
Starkenburg moved to amend to add 1'I' to read:
Motion to amend carried unanimously.
Imhof requested Council postpone the final decision on the ordinance until the Hearing
Examiner's return from vacation. Florea responded the changes relating to Bobbink's concerns
were made in committee.
Main amended motion to adopt the substitute ordinance carried unanimously.
6. RESOLUTION OF INTENT REGARDING LAND USE PLANNING ON THE
LUMV ff INDIAN RESERVATION (AB96 -248A) (FROM 719)
Starkenburg reported for Planning and Development Committee and presented a
substitute resolution. He moved to approve the substitute with the following amendments:
Regular Council Minutes, 7/23/96, Page 8
"NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that
S''et15± whatcom eounty will take the lead in proposing land use designations
based on an open public process, including the interests of all residents of the Reservation. A
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report from County staff
xi«si3 will be given to the County Planning Commission in
September 1996 and February 1997 on the progress of this planning effort. The Tribal Planning
Commission and tribal staff will be invited to participate in joint meetings. Now
iwsrtft1 in March of 1997, Whatcom County Planning & Development Services staff will
initiate the final adoption process for appropriate zoning of fee lands within the Reservation."
Motion to amend carried unanimously.
Motion to approved the main amended motion carried unanimously.
7. RESOLUTION APPROVING RECOMMENDATIONS FOR 1996 WOODSIDE
CHURCH OPEN SPACE /OPEN SPACE APPLICATION (AB96 -246A)
read:
Starkenburg reported for Planning and Development Committee and moved approval.
Starkenburg moved to amend by adding language on packet page 135, Condition 2, to
"An additional condition for approval for the Bellingham CORS (Woodside
Jeff Griffin, Planning and Development Services, commented.
Motion to amend carried unanimously.
..............
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Starkenburg moved to amend by changing the rating from 46.56 to € -- (packet page
135, Condition 1).
Motion to amend carried unanimously.
Starkenburg moved to amend by deleting on packet page 134, the following language:
Motion to amend carried unanimously.
Regular Council Minutes, 7/23/96, Page 9
Imps b
..
.191tvJ11111
.;
Motion to amend carried unanimously.
Regular Council Minutes, 7/23/96, Page 9
Main amended motion to approve carried 6 -1 with Brown opposed.
FINAL DRAFT URBAN GROWTH AREA INTERLOCAL COOPERATION
AGREEMENT (AB96 -042A)
Starkenburg reported on the interlocal agreement between the cities. Dan Gibson,
Council's counsel, commented. There was discussion.
No action was taken.
8. APPOINTMENT TO FILL INTERIM VACANCY ON FIRE DISTRICT #5
BOARD OF COMMISSIONERS (UNTIL NOVEMBER 1997 ELECTION)
(AB96 -269)
Nelson opened the nominations.
Brown nominated Daniel Levy.
Starkenburg expressed concern over the EMT issue.
Imhof moved to close nominations.
Imhof moved approval by acclamation.
Motion carried unanimously.
9. APPOINTMENT OF A CITIZEN REPRESENTATIVE TO SERVE ON THE
SOLID WASTE LOCAL GRANT PROGRAM COMMITTEE (AB96 -191A)
Nelson opened the nominations.
Dawson nominated Bill Geyer.
Sutter moved approval by acclamation.
Motion carried 6 -0 with Brenner abstaining.
10. REQUEST COUNCIL APPROVAL FOR THE EXECUTIVE TO SIGN AN
APPLICATION FOR A CLASS A, C, E & F LIQUOR LICENSE FOR NORTH FORK
BREWERS LOCATED AT 6186 MT. BAKER HIGHWAY (AB96 -280)
Brenner moved approval.
Regular Council Minutes, 7/23/96, Page 10
Motion carried unanimously.
11. REQUEST COUNCIL APPROVAL FOR THE EXECUTIVE TO SIGN A CLASS E
LIQUOR LICENSE FOR LIQUOR AGENCY #680/BIRCH BAY LOCATED AT 7823
BIRCH BAY DRIVE (AB96 -281)
Imhof moved approval.
Motion carried unanimously.
INTRODUCTION ITEMS
1. RESOLUTION AUTHORIZING THE SALE OF TAX TITLE PROPERTY,
REQUEST #95 -9 (AB95 -502A)
This item was withdrawn.
2. RESOLUTION AUTHORIZING THE SALE OF COUNTY OWNED
PROPERTY, REQUEST #95 -1 (AB95 -503A)
This item was withdrawn.
3. ORDINANCE AMENDING THE BUDGET, REQUEST #6 (AB96 -282)
Imhof moved acceptance of item 3.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Skateboard, In -line and Bicycle Park (AB96 -286): Brenner reported on a proposal to
create a BMX, skateboard and in -line skating park. Discussion followed.
Brenner moved to request Administration to put together a feasibility study on creating a
BMX, skateboard and in -line skating park and bring it forward with the 1997 budget proposal.
Motion carried unanimously.
Amendment #1 to Professional Services Contract #9602049 (AB96- 050A): Bob
Woods, Council Budget and Program Analyst, reported on the status of a RFQ (Request for
Qualification) for a Hearing Examiner contract.
Regular Council Minutes, 7/23/96, Page 11
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Puget Sound Water Quality Control (AB96 -283): Dana Brown - Davis, Clerk of the
Council, asked the chair about the status of scheduling a work session with Puget Sound. There
is nothing definite yet. Nelson obtained approval of the Council for him to investigate the issues.
ADJOURN
The meeting was adjourned at 10:40 p.m.
Marina Mason, Recording Secretary
These minutes were approved by the Council on August 6 , 1996.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
-
Dana Brown - Davis, Council Clerk Ward Nels n, C uncil Chair
** *Clerk's Note: Council members will be attending a tour of the Whatcom County Jail and
Sheriffs Department on July 30, 1996.
Regular Council Minutes, 7/23/96, Page 12