HomeMy WebLinkAboutCouncil April 2 1996WHATCOM COUNTY COUNCIL
Regular Council Meeting
April 2, 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
1. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S
DECISION ON INTERPRETATION OF THE ZONING ORDINANCE (APL95-
0015) FILED BY VINCE GERMANN (AB96 -506) (FROM 3119)
Brown moved to overturn the Hearing Examiner's decision and allow the use of right -of-
way with the provision that no road construction within the parameters of the rookery is to take
place during nesting season.
Motion carried unanimously.
2. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR DANIEL GIBSON ON
GROWTH MANAGEMENT LITIGATION (AB96 -077)
Nelson reported the Council gave staff direction on land use and IUGA.
APPROVAL OF MINUTES FOR THE FOLLOWING MEETINGS: DECEMBER 19, 1995
AND FEBRUARY 13, 1996, SPECIAL COUNCIL MEETINGS; JANUARY 2 AND 23,
FEBRUARY 6, 13, 20 AND 27, AND MARCH 5, 1996 COMMITTEE OF THE WHOLE
MEETINGS; JANUARY 9 AND 23, FEBRUARY 6 AND 20, AND MARCH 5, 1996
REGULAR COUNCIL MEETINGS.
Imhof moved approval of the minutes.
Motion carried unanimously.
Regular Council Minutes, 4/2/96, Page 1
SPECIAL PRESENTATION
1. NOOKSACK SALMON ENHANCEMENT ASSOCIATION PRESENTATION
REGARDING THE BENEFITS PROVIDED TO WHATCOM COUNTY
THROUGH THEIR ORGANIZATION (AB96 -080A)
Mike McRory, a representative from the Nooksack Salmon Enhancement Association,
gave a presentation.
2. RESOLUTION OF SUPPORT FOR THE NOOKSACK SALMON
ENHANCEMENT ASSOCIATION (AB96 -080)
"well ".
Dawson moved approval of the resolution.
Sutter moved the following amendment on packet page 325, line 14: strike the word
"...has veil documented their accomplishments. ".
Motion failed 4 -3 with Sutter, Dawson and Brown in favor.
Sutter moved the following amendment on packet page 325, line 18: strike "a" and
change language to read "each ".
"...using grant funding and would propose that group's... ".
Motion carried unanimously.
Motion to approve amended resolution carried unanimously.
ADDENDUM
3. COUNTY EXECUTIVE TO READ CHILD ABUSE PREVENTION
PROCLAMATION (AB96 -142)
Pete Kremen, County Executive, read the proclamation. Byron Manering, Executive
Director of Brigid Collins House, gave a presentation.
OPEN SESSION
The following people addressed the Council during open session:
Regular Council Minutes, 4/2/96, Page 2
Bernice Brannan, 4097 Puffin Road, Ferndale: Lummi Casino Liquor License (AB96-
136)
Linnea Smith, 2808 Leward Way: Liquor License for Lummi Casino (AB96 -136)
Sherilyn Wells, 1020 Geneva: Various topics, including an April 27 seminar for Chemical
Exposure and Disease; construction debris by surface mining operations (AB96 -074); land
clearing regulations (AB96 -074); and conflict of interest/appearance of fairness issues with
Dawson and Starkenburg (AB96 -074)
(Clerk's Note: Dan Gibson, Council's counsel, at this point discussed the issue of conflict
of interest /appearance of fairness.)
William LaFreniere: Flow Control pertaining to demolition debris (AB96 -014A)
Robin Robertson, 2605 Sunset Drive: Adequate recycling (AB96 -014A)
Larry McCarter, RDS: Providing a choice for throwing garbage (AB96 -120)
Dick Gilda, Jensen Road, Bellingham: Land Clearing Ordinance (AB 96 -074)
Fred Miller, 3310 Northwest Road: Appendix B of the RECOMP Agreement (AB96-
125) and RDS Agreement (AB96 -120)
Jim Austin, Attorney for RECOMP: RECOMP (AB96 -125)
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee and moved approval
of items 1 -4.
Motion carried unanimously.
1. RESOLUTION IN THE MATTER OF THE SALE OF SURPLUS TELEPHONE
SYSTEM EQUIPMENT AND SETTING A DATE FOR PUBLIC HEARING
(AB96 -126)
2. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO
ADDENDUM #3 OF THE AGREEMENT WITH WALKER AND
ASSOCIATES FOR MAPPING SERVICES IN CONJUNCTION WITH THE .
COMPREHENSIVE FLOOD HAZARD MANAGEMENT PLAN FOR THE
LOWER NOOKSACK RIVER (AB96 -127)
3. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT BETWEEN THE SHERIFF DEPARTMENT
DIVISION OF EMERGENCY MANAGEMENT AND THE WASHINGTON
STATE MILITARY DEPARTMENT FOR STATE AND LOCAL
ASSISTANCE (AB96 -128)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
AMENDMENT #2 FOR PROFESSIONAL SERVICES BETWEEN WHATCOM
Regular Council Minutes, 4/2/96, Page 3
COUNTY AND LANE POWELL SPEARS LUBERSKY FOR LEGAL COUNSEL ON
SOLID WASTE MATTERS (AB96 -031A)
5. REPORT TO COUNCIL REGARDING THE HEALTH ASSESSMENT PLAN
PER COUNCIL RESOLUTION # 95 -082 (AB96 -129)
Imhof reported for Finance and Administrative Services Committee and noted Dr. Frank
James, Health Department, reported to this committee earlier today. This item was held in
committee until April 16 for discussion with administration.
OTHER ITEMS
1. ORDINANCE AMENDING THE BUDGET, REQUEST # 1 (AB96 -119)
Imhof reported for Finance and Administratives Services Committee and noted this item
was held in committee for two weeks until April 16.
2. DISCUSSION AND POSSIBLE ACTION ON THE PROPOSED DISPOSAL
SITE AGREEMENT FOR RECYCLING AND DISPOSAL SERVICES, INC.
(RDS) (AB96 -120)
Brenner reported for Public Works and Capital Projects Committee and moved approval
with the stipulation that Appendix B is not to be worked on until a later date.
Jeff Monsen, Public Works, requested Council to consider the form of the motion be one
that if indeed Council is directing the agreements be approved subject to future work on Appendix
B, that is the form of the Appendix B that is included in the version of the RDS Agreement in
Council packet. Rather than creating a motion in a form that would not have an Appendix B
attached - -which is critical to the agreements' being complete- -state that it is the form of Appendix
B on packet page 223.
Brenner then restated her motion as above with the addition of the words: "...Appendix B,
packet page 223... ".
There was discussion on the motion.
Dawson moved the following amendment: approval of the original Appendix B on packet
page 266.
Monsen explained the difference between the original (page 266) and other (page 223)
Appendix B.
Regular Council Minutes, 4/2/96, Page 4
Starkenburg moved to amend Dawson's motion to state that Appendix B would be stated
the same for both companies (RDS and RECOMP).
Monsen clarified that the Appendix B Starkenburg is referring to is the original, which is
on packet page 266.
Further discussion followed.
Motion carried 4 -3 with Brown, Brenner and Sutter opposed.
Monsen then reviewed the amendments to ensure both agreements (RDS and RECOMP)
would be complete.
Imhof moved to delete item (vii) (top of packet page 199) of the RDS agreement.
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. . -.iIWttEqtLdL . v.1" V1111miq . . . V 1 V NN t%j 1 . -
I P71 1
Motion carried 6 -1 with Bremner opposed.
Monsen recommended Council accept the tonnage values listed on packet page 219.
Imhof moved approval of the Recycling Disposal Services, Inc. Agreement as amended.
There was discussion on the motion.
Motion carried 6 -1 with Brenner opposed.
3. DISCUSSION REGARDING THE PROPOSED DISPOSAL SITE
AGREEMENT FOR RECOMP OF WASHINGTON (AB96 -125)
Brenner reported for Public Works and Capital Projects Committee and moved approval
with the stipulation that Appendix B is not to be worked on until a later date.
Jeff Monsen, Public Works, reviewed amendments for the RECOMP Agreement.
Imhof moved to add to Council packet page 241, RECOMP Agreement, Section 2.6, the
:: tin.: 4hi :::::::::: :::::::•::::ii {.; ? >iit }::i }:; ?: }:;.:..: ::::::: >::::::::..:i:::::i:i'. : }:yS:;L:!S }::iS::j;:::::}::. .j, :r:
ijz two sentences: 'iffi €: rs ;a�od #b to €. fly
Motion carved unanimously.
Regular Council Minutes, 4/2/96, Page 5
Imhof moved to add language on packet page 241,. Section 2.7, Payment to County of
a Fee Surchar -ae:
Motion carried unanimously.
Imhof moved on packet page 263, Appendix A, to change language to reduce level two
capacity to 300 tons per day and on packet page 264 reduce from 1000 tons per day to 300 tons
per day.
"Level 2 ... Designated and approved at a maximum of 7-@ € tons per day." and "Level
5 ... Designated and approved at-720 - 3b.0.14ons per day." (page 263); and "Level 8 ...Designated
and approved at +,,O 6 € f# tons per ay. "(page 264).
There was discussion on the motion.
Motion carried unanimously.
Imhof moved approval of capacity of 96 tons per day listed as capacity relative to Olivine
as a subcontractor be approved contingent upon the receipt and administrative review of sufficient
information.
Motion carried unanimously.
Imhof moved approval of the disposal site agreement of RECOMP, as amended,
contingent upon the settlement of the lawsuit and disbursement of the funds now held in trust.
(Clerk's Note: Chair read a letter from RECOMP regarding the above motion's
contingency.)
There was discussion on the motion.
Motion carried 6 -1 with Brenner opposed.
Main motion as amended carried 6 -1 with Brenner opposed.
(Clerk's Note: A five- minute break was taken)
4. ORDINANCE AMENDING LAND CLEARING REGULATIONS IN TITLE 20,
THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE (AB96 -074)
Regular Council Minutes, 4/2/96, Page 6
I Starkenburg reported for Planning & Development Committee and noted that the
2 Committee worked from a substitute ordinance. He announced he will abstain from voting on the
3 exemption. Dan Gibson, Council's counsel, spoke for the record on the issue of appearance of
4 fairness, as one of the exemptions involves surface mining activity as a business.
5
6 Starkenburg noted the committee recommended approval except for the two items in the
7 following sentence. He stated that the Council needs to address two specific issues within the
8 ordinance regarding exemptions: page 3 (of the substitute ordinance), section (4)B.i, the
9 designation of 20% slopes and page 6, section (13)B, the Special Management Area Designation.
10 Starkenburg reported that the definition for clearing activities needs to be added to the ordinance.
11
12 Vickie Hardin- Woods, Planning & Development Services, commented and suggested
13 amending the definitions on page 9, lines 3 8 and 44.
14
15 Starkenburg moved approval of the substitute ordinance.
16
17 Brown moved to amend the ordinance on page 3, lines 36 and 47 and page 4, lines 3 and
18 7, by increasing the 20% slope threshold to 3 0% in all areas other than the special management
19 areas.
20
21 There was discussion on the motion.
22
23 Motion carried 5 -2 with Imhof and Nelson opposed.
24
25 Starkenburg noted committee discussion took place on page 6, "Special Management
26 Area Designation" as to whether Lake Whatcom and Drayton Harbor areas should remain or
27 whether two other areas should be added. He noted the general consensus was to leave the
28 language as is; it can always be revisited later.
29
30 Brenner requested to add a number iii, "Citizens from other areas may petition the County
31 to become a Special Management Designation, which would require (approval of) 60% of the
32 property owners in the district."
33
34 Nelson stated his preference was not to include this request in this space. He
35 recommended a separate ordinance for this item. Starkenburg thought it would be better standing
36 alone than in this particular ordinance. Gibson stated that when the ordinance is approved
37 (relating to Brenner's request), it would be codified in a way that it would be included within this
38 ordinance.
39
40 Starkenburg moved to amend the definitions on page 9, lines 3 8 and 44, Rural Zoning
41 Districts and Urban Zoning Districts, by adding the language at the end of each definition
...........................
43
Regular Council Minutes, 4/2/96, Page 7
Motion carried unanimously.
moved to amend the ordinance by addiniz the definition
Bill Florea, Planning & Development Services, commented.
Motion passed unanimously.
Sutter moved to remove all "land disturbance" terms in the ordinance and replace with
"land clearing" (page 7, lines 31 and 37 and page 8, line 23).
....................
"...standards relating to land disturbance "...for a land disturbance
1€ . activity, and... "; and "If the land activity has occurred... ".
Motion carried 6 -0 with Starkenburg abstaining.
Motion to adopt the ordinance as amended carried 6 -0 with Starkenburg abstaining.
5. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED
APPROVAL OF A PLANNED UNIT DEVELOPMENT FILED BY EIFORD
AND EIFORD DEVELOPMENT COMPANY FOR "BANNER BUSINESS
PARK" (PUD95 -0002) (GBS95 -0002) (AB96 -096)
Starkenburg reported for Planning and Development Committee and moved approval of
the PUD.
Motion carried unanimously.
6. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S
DECISION ON INTERPRETATION OF THE ZONING ORDINANCE (APL95-
0015) FILED BY VINCE GERMANN (AB96 -506) (FROM 3119)
See "Announcements ".
7. REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO
APPOINT STEVE JILK, FIELDING FORMWAY, JOANN LINVILLE, SUSAN
TRMHNGHAM AND JOE FINKBONNER TO THE HEALTH DEPARTMENT
ADVISORY BOARD (AB96 =131)
Imhof moved approval of all appointments (items 7 through 10) by acclamation.
Regular Council Minutes, 4/2/96, Page 8
Motion carried unanimously.
8. REQUEST COUNCIL CONFIRMATION TO APPOINT JOY KEENAN TO
THE BELLINGHAM HOUSING AUTHORITY BOARD (AB96 -132)
Approved by acclamation.
9. REQUEST COUNCIL CONFIRMATION TO APPOINT SUSAN JEWELL TO
THE DEVELOPMENTAL DISABILITIES BOARD (AB96 -133)
Approved by acclamation.
10. REQUEST COUNCIL CONFIRMATION TO APPOINT TOM FIELDS TO A
SECOND TERM AND RICHARD AUSTON TO A FIRST TERM ON THE
WHATCOM COUNTY BOARD OF APPEALS (AB96 -134)
Approved by acclamation.
11. REQUEST APPROVAL TO GRANT A CLASS A AND C LIQUOR LICENSE
TO C. & C. ENTERPRISES AT 7729 BIRCH BAY DRIVE (AB96 -135)
Imhof moved approval.
Motion carried unanimously.
12. REQUEST APPROVAL TO GRANT A CLASS H LIQUOR LICENSE TO
THE LUM1Il 11 CASINO AT 2559 LUM1 ff VIEW DRIVE (AB96 -136)
Imhof moved approval.
There was discussion on the motion.
Motion failed 6 -1 with Imhof in favor.
13. REQUEST APPROVAL TO GRANT A CLASS A AND C LIQUOR LICENSE
TO BOB'S BURGER AND BREW @ RASPBERRY RIDGE, 6825
HANNEGAN ROAD (AB96 -137)
Brenner moved approval.
Motion carried unanimously.
Regular Council Minutes, 4/2/96, Page 9
I INTRODUCTION ITEMS
2
3 Brenner moved approval of the introduction items.
4
5 Motion carried unanimously.
6
7 1. RECEIPT OF APPEAL OF THE HEARING EXANUNER' S DECISION OF
8 HEARING EXAMINER FILE NO. LCR 94 -0006 FILED BY HILARY T.
9 LORENZ (AB96 -094)
10
11 2. RESOLUTION TO SELL EXCESS TELEPHONE EQUIPMENT THAT NO
12 LONGER IS COMPATIBLE WITH THE CURRENT TELEPHONE SYSTEM
13 (AB96 -126A)
14
15 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
16
17 (Bid Award, AB96 -102 and AB96 -105): Imhof announced that Brad Bennett, Finance,
18 informed him Wilson Ford of Seattle was the low bidder on the two recently- approved 4x4s, as
19 Diehl Ford missed the fleet ordering deadline, which cost the County an additional $133.
20
21 Nelson reported for the Regional Support Network Board, and stated he will schedule a
22 Council executive session for April 16 to review issues raised at that meeting.
23
24 Brown reported on the issues at Point Roberts (medical issue) and also brought up the
25 question of Flood Tax on the Cemetery Districts.
26
27 Local Phone Service (AB96 -138): Brenner reported on this item, saying the Utilities and
28 Transportation Commission (UTC) has been ordered, through the Federal Telecommunications
29 Act, to promote local phone service competition. One of the options she felt was important
30 allowed companies to give package deals which could include County -wide local flat service.
31 On April 22 and 23, there will be a workshop in Seattle on expansion of local telephone service
32 competition.
33
34 Land Clearing Regulations Ordinance (AB96 -074): Starkenburg thanked the Planning
35 & Development staff for finalizing the; clearing ordinance.
36
37 Nelson announced the Council will adjourn to an executive session of the Committee of
38 the Whole regarding Interlocal Agreements.
39
40 Dan Gibson, Council's counsel, noted he has been speaking informally to attorneys
41 regarding the Comprehensive Plan review. One person would be available to meet with Council
42 and Gibson late Thursday morning or early afternoon (April 4).
43
Regular Council Minutes, 4/2/96, Page 10
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Human Services Review Committee (AB95 -367): Bob Woods, Council Budget and
Program Analyst, noted this committee is dealing with North Sound Regional Support Network
and Northwest Regional Council issues. Their report is due to Council by May 15.
ADJOURN
The meeting was adjourned at 9: 55 p.m.
Nadean Hanson, Red rding Secretary
These minutes were approved by the Council on ,Tune 11 , 1996.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Regular Council Minutes, 4/2/96, Page 11