HomeMy WebLinkAboutCouncil November 12 1996WHATCOM COUNTY COUNCIL
Regular Council Meeting
November 12, 1996
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 the following was discussed in Executive Session of the
Committee of the Whole: personnel matters (AB96 -077 and AB96 -387) and Growth
Management issues (AB96 -077).
OPEN SESSION
The following people addressed the Council:
Rita Foley, South Lake Whatcom: Requested language in the Comp Plan regarding
building bulkheads without permits on South Lake Whatcom (AB96 -051)
Ed Likens, Peaceful Valley: Additional law enforcement needed in the Peaceful Valley
area (AB96 -367)
Josselyn Winslow, 433 -17th Street: North Sound Regional Support Network (AB96 -010)
(Clerk's Note: Council discussion took place regarding this issue after Mrs. Winslow spoke.)
Jean Freestone, 3200 Vallette Street: Rainbow Coalition's plan to recall Marlene Dawson
(AB96 -360)
Jeff McKay, 4693 Sucia Drive: Rainbow Coalition's plan to recall Marlene Dawson
(AB96 -360)
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee and moved to approve
items 2, 3 and 4.
Motion carried unanimously.
Regular Council Minutes, 11/12/96, Page 1
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
AMENDMENT #3 TO THE PROFESSIONAL SERVICES CONTRACT WITH
LANE POWELL SPEARS LUBERSKY FOR LEGAL COUNSEL ON RDS
DISPUTE (AB96 -388)
Imhof moved approval.
There was discussion on the motion. Dave Wareing, Executive's Office, and Jeff Monsen,
Public Works, also commented.
Motion to approve carried 6 -1 with Brenner opposed.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO RATIFY THE
TEAMSTER HEALTH CLERICAL COLLECTIVE BARGAINING
AGREEMENT, EFFECTIVE JANUARY 1, 1996 THROUGH DECEMBER 31,
1998 (AB96 -389)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD A
CONTRACT TO THE LOW BIDDER FOR TRAFFIC CONTROL SIGNS FOR
THE WHATCOM COUNTY PUBLIC WORKS DEPARTMENT (AB96 -390)
4. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO AN
ADDENDUM TO THE AGREEMENT BETWEEN RUSTAND, INC. AND
WHATCOM COUNTY FOR AN ADDITIONAL 15 BEDS FOR OFF -SITE
WORK RELEASE (AB96 -391)
PUBLIC HEARING
1. ORDINANCE AMENDING ORDINANCE 91-062,1991 TRACY REZONE
CONCOMITANT AGREEMENT (AB96 -375)
Michael Knapp, Planning and Development Services Director, gave a staff report and
recommended approval.
Nelson opened the public hearing, and the following people spoke:
Doug Johnson, P.O. Box 4077, Blaine
Peter Tracey, 6476 Mt. Baker Highway
Jerry Stewart, 6483 Mt. Baker Highway
Joe Shearer, 6238 Limerik Way, Sumas
Nelson closed the public hearing.
Regular Council Minutes, 11/12/96, Page 2
Dawson moved to adopt the ordinance.
There was discussion on the motion. Dan Gibson, Council's counsel, also commented.
Motion to adopt carried unanimously.
2. ORDINANCE AMENDING THE WHATCOM COUNTY CODE BY
CREATING CHAPTER 12.60, UNINCORPORATED WHATCOM COUNTY
ROAD NAMING SYSTEM (AB96 -196)
Ed Henken, Engineering, gave a staff report.
Nelson opened the public hearing, and the following people spoke:
Gail Pattenaude, 5809 Aldrich Road, Bellingham
Janet Nagel, 2538 Grant
Greg Marshall, 4111 Oriental Lane
Nelson closed the public hearing.
Brenner moved to adopt the ordinance.
Motion to adopt carried unanimously.
3. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 17, FLOOD
DAMAGE PROTECTION (AB96 -378)
John Matzinger, Whatcom County River and Flood Engineer, gave a staff report.
Nelson opened the public hearing, and the following people spoke:
Lesa Starkenburg - Kroontje, 115 Front, Lynden
Kurt Denke, 3030 -35th Avenue West, Seattle
Phillip Marble, 3923 Mt. Baker Highway
Rita Foley, South Lake Whatcom
Bill Geyer, 1008 -16th
Fred Nowicke, 4131 Berg Road, Everson
Hearing no one else, Nelson closed the public hearing.
Imhof moved to adopt the ordinance.
Regular Council Minutes, 11/12/96, Page 3
Dawson moved to delete on packet page 71, Section 17.04.050, Item C, and use the
FEMA maps for the definition of "flood plain ".
Matzinger briefly discussed the FEMA maps.
Sutter moved to delete all changes proposed to the ordinance except adding on packet
page 83 Sections 17.16.115 (Recreational Vehicles) and 17.16.090 (the addition of the word
"agricultural ") on packet page 82. She further moved to adopt the exact language in the FEMA
letter under Section 17.16.120, packet page 83.
Dawson withdrew her motion.
Ed Henken, Engineering, briefly addressed the timeframe issue. There was further
discussion on the basic FEMA requirements (recreational vehicles, one -foot rise, and meeting
state law requirements of new single family construction within a floodway).
Discussion followed regarding passing what is necessary to comply with the FEMA
requirements and then put this issue in committee to address various concerns. Kurt Denke
briefly commented regarding the one -foot rise.
Motion to amend carried unanimously.
Main motion as amended carried unanimously.
Nelson moved to direct staff to bring the ordinance forward to Public Works and Capital
Projects Committee for review.
Motion carried unanimously.
4. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR THE YEAR 1997
(AB96 -380)
Dave Wareing, Executive's Office, gave a staff report.
Nelson opened the public hearing.
Hearing no one, Nelson closed the public hearing.
Imhof moved to adopt the ordinance.
There was discussion on the motion.
Motion carried unanimously.
Regular Council Minutes, 11/12/96, Page 4
I (Clerks Note: A five minute break was taken.)
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3 5. WHATCOM COUNTY COMPREHENSIVE PLAN, LAND USE /CAPITAL
4 FACILITIES ELEMENTS (AB96 -051F) (THIS HEARING WILL BE LIMITED
5 TO NO MORE THAN 40 MINUTES)
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7 The following persons spoke:
9 Fred Sexton, Economic Development Council, P.O. Box 2803, Bellingham: He gave a
10 brief update of activities at the Economic Development Council in terms of evaluating land supply
11 and demand. His office conducted a survey of County manufacturing companies, of which 57
12 percent indicated expansion plans during the next five years. He noted his office is working with
13 Planning and Development. Services, as well as all cities. Seventeen hundred acres will be needed
14 by these expanding companies; commercial land is not included.
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16 JoAnn Grist, 1000 Friends of Washington, 1305 -4th Avenue #303, Seattle: She thought
17 the Capital Facilities section was incomplete, as it did not include a six -year capital improvement
18 plan showing how the needed capital improvements will be funded to maintain an adopted level of
19 service standards. The Land Use Plan, she continued, is full of loopholes. Also, she stated
20 Policy 11C3 sets up a Referendum 48 compensation scheme.
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22 Chet Lackey, 1200 Harris, Bellingham: He introduced two gravel exhibits (maps)
13 regarding Mineral Resource Lands. He noted proposed language and further information will be
24 given Council at a later date.
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26 Marie Bartley, 3493 Birch Bay - Lynden Road, Custer: She and her husband want to be
27 included in the Custer urban growth area because of increased traffic and commercial activity; the
28 nature of the local soil; the need for better paying jobs in the area; the area already declared urban;
29 and the many geographical advantages of a suitable location (road, rail).
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31 Kurt Denke, 3030 -35th Avenue West, Seattle: He requested the Denke property be
32 placed in the urban growth area and explained what happened because of Planning Department's
33 not following through with the Growth Management Hearings Board's instruction to reconsider
34 the inclusion of this property in the urban growth area (he referred to a map).
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36 Milly Sobresponda, 7453 -133rd Avenue S.E., Newcastle: She spoke to the south end of
37 Lake Whatcom, expressing her concern for whatever provision is made for that property. She
38 stated she and her family would like the property to remain natural, paying respect to the
39 historical value of the area (mining, logging and farming were the industries at that time).
40
41 Mark Lawrence, 1526 Peace Portal, Blaine: He called attention to the situation between
42 I -5. and Peace Portal Drive north of the Gateway Industrial area, which is zoned R10A. He stated
43 he was going to apply for an extension of this area.
Regular Council Minutes, 11/12/96, Page 5
I Kay L. Alberg: 17904 Shoreline: She supported the staff and Planning and Development
2 Committee's recommendations for mineral resource identification. She requested the property's
3 underlying zone, which is north of Kendall, be rural 5 acres.
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5 John DeGregoria, 2119 I Street: He spoke to the environment section, noting major
6 contradictions between the protection of the community and land speculators. He thought there
7 was an implication in the Comp Plan that land speculation has a right to a profit, which the
8 community does not need to support. As a community, he thought sensitive areas should be
9 protected. He stated Council needed to clarify where its personal rights and land speculation
10 interests are and where the community interests lie. He did not think it appropriate of Council to
11 continue to "fight the system" and spend taxpayers monies doing so.
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13 Caleb Swift, 417 -A Buchanan Towers, Bellingham: He spoke to public transportation in
14 the County and felt this area has not been addressed. Urban growth management areas should
15 have public transportation available to all residents. He encouraged Council to examine infilling.
16
17 Patrick Alesse, 4825 Alderson Road, Birch Bay: He spoke to the importance of having
18 home sites for starting families. He discussed the cost of a buildable lot in the County and
19 transportation costs.
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21 David Williams, 5095 Zander Drive, Bellingham, Whatcom County Fire Commissioner
22 District #4 and representing Fire Districts # 2 and #8: He stated Fire Districts #2, #4 and #8 have
partnered to lead the planning process for fire emergency response services for these Bellingham
_4 areas. Fire districts, under the Growth Management Act, are required to adopt a capital facilities
25 plan. The efforts to develop and adopt these plans by the above fire districts are being
26 coordinated with the Bellingham Fire Department staff. The districts have provided written
27 testimony to the Bellingham City Council with copies provided County Council. He also noted
28 the districts are currently initiating negotiations with the City of Bellingham to establish an
29 Interlocal Agreement regarding annexations.
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31 Jim Ackerman, Nooksack City Council: He referred to a document (on file) Council had
32 before them regarding a piece of property. He, as well as the city, opposes placing this property
33 in the Mineral Resource Lands, as requested by the family. He requested Council to consider this.
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35 Lesa Starkenburg- Kroontze, 115 Front, Lynden, representing Whatcom Sand & Gravel
36 Association: She spoke to the future availability of Mineral Resource Lands, noting a plan based
37 on fact must go forward. She noted the Planning Commission has been unable to discover a
38 "single well" in the County that had experienced pollution problems as a result of mineral
39 extraction activity.
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41 Sherilyn Wells, 1020 Geneva: She spoke to the water quality of Lake Whatcom and
42 urged Council to leave County -Wide Planning Policy K2 in place, stating that if it is not left in
43 place, one of Sumas' supply wells will be "at tremendous risk" from gravel mining and put
Regular Council Minutes, 11/12/96, Page 6
Bellingham's entire water supply at further risk from the massive potential for more urbanization.
This issue of urbanization along Lake Whatcom has not been addressed.
Jonathan Sitkin, 1616 Cornwall Avenue #209: He stated he submitted a letter on behalf of
Wayne Allen. He requested copies of documents submitted for the record be available to
purchase from Steve's Blueprinting.
Bill Geyer, 1008 -16th Street, representing Century Holdings, Inc.: He spoke to a parcel
in Pt. Roberts owned by Century Holdings. He requested this property be included in the growth
boundary for Pt. Roberts and that it be given the appropriate urban reserve zoning as its adjoining
parcels have.
Peter Spencer, 7824 Bronson Drive, Bellingham, representing Guild Star Resorts, Inc.:
This is a Canadian firm, and they have been involved in Whatcom County since 1969. He
specifically spoke to a project in Birch Bay that his firm is requesting permits for expansion of the
existing project. He stated the Growth Management Act defeats much of the potential for future
development in this type of zoning and particularly for the developments to create jobs and
provide the tax infrastructure that a developer faces. He requested Council consideration.
Michael Waite, 3433 South Bay Drive, Sedro Woolley: He addressed the application for
an MRL for Whatcom Sand & Gravel pit #103 on South Bay Drive. He and his neighbors are
opposed to any designation for this pit.
Rita Foley, South Lake Whatcom: She spoke to the above - mentioned gravel pit and the
problems associated with it. She urged Council not to give this pit an MRL designation.
Nelson closed the public hearing. He noted the written record will be open until
November 22, 1996.
OTHER ITEMS
1. ORDINANCE AMENDING THE BUDGET, REQUEST 49 (AB96 -376)
Imhof reported for Finance and Administrative Services and moved to adopt.
Motion to adopt carried unanimously.
2. ORDINANCE AMENDING THE WHATCOM COUNTY CODE BY
CREATING CHAPTER 12.56, VICTIM MEMORIAL SIGN PROGRAM
(AB96 -285)
Brenner reported for Public Works and Capital Projects Committee and moved to adopt
the substitute ordinance.
Regular Council Minutes, 11/12/96, Page 7
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There was discussion on the motion.
Brenner moved to amend item 910 on page 2 of the substitute ordinance, line 16, by
adding "replacement shall not occur unless sponsor so requests ".
responsibility o f the sponsor.
.0<
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.:
There was discussion on the motion.
Motion to amend carried unanimously.
Main amended motion to adopt the substitute ordinance carried unanimously.
3. REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO
REAPPOINT RUTH OLTMAN TO A SECOND TERM AS A TRUSTEE OF
THE WHATCOM COUNTY RURAL LIBRARY DISTRICT (AB96 -392)
Nelson moved approval.
Motion carried unanimously.
4. REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO
APPOINT CHARLES BENJAMIN AS THE EXECUTIVE'S VOTING
ALTERNATE TO THE NORTH SOUND REGIONAL SUPPORT NETWORK
BOARD OF DIRECTORS (AB96 -393)
Nelson moved approval.
Motion carried unanimously.
INTRODUCTION ITEMS
Imhof moved acceptance of the introduction items.
Motion carried unanimously.
1. ORDINANCE AMENDING THE BUDGET, REQUEST 910 (AB96 -394)
2. ORDINANCE AMENDING WHATCOM COUNTY ZONING ORDINANCE,
TITLE 20 AND TITLE 21 (AB96 -395)
Regular Council Minutes, 11/12/96, Page 8
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REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Comprehensive Plan Review (AB96 -051): Starkenburg noted a calendar schedule has
been determined regarding this matter. Also, an Oversight Committee has been meeting regarding
County -Wide Planning Policies, and its recommendations will be discussed on November 19.
Nelson stated he met with tribes in order to bring forward the process to reconcile some
problems.
Budget (AB96 -367): Imhof noted the Sheriff and Criminal Justice budget is on the
schedule for tomorrow's Finance and Administrative Services Committee. A wrap up meeting is
to follow on Friday with final recommendations on Tuesday, November 19.
ADJOURN
The meeting was adjourned at 10:22 p.m.
Marina Mason, Recording Secretary
These minutes were approved by the Council on February 11 , 1997.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
n- Davis, Council Clerk L. Ward Nel n, Council Chair
Regular Council Minutes, 11/12/96, Page 9