HomeMy WebLinkAboutCouncil March 5 1996WHATCOM COUNTY COUNCIL
Regular Council Meeting
March 5, 1996
The meeting was called to order at 7 p.m. by Council Chair L. Ward Nelson in the
Council Chambers, 311 Grand Avenue.
Also Present: Absent:
Barbara Brenner None
Marlene Dawson
Tom Brown
Alvin Starkenburg
Robert Imhof
Kathy Sutter
ANNOUNCEMENTS
1. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S
DECISION ON ZONING CONDITIONAL USE PERMIT (CUP95 -0041) FILED
BY PAUL AND LEANNE AKERS (AB95 -493)
Imhof moved to approve the conditional use permit with the operating hours from 7 a.m.
to 6 p.m. six days a week with the 55 decibel limit associated with the shop at the property line.
Motion carried unanimously.
2. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S
DECISION ON INTERPRETATION OF THE ZONING ORDINANCE (APL95-
0015) FILED BY VINCE GERMANN (AB95 -506)
Imhof moved to postpone this decision for two weeks.
Motion carried unanimously.
3. DISCUSSION WITH SENIOR DEPUTY DANIEL GIBSON REGARDING GROWTH
MANAGEMENT ISSUES (AB96 -047)
Nelson reported Council received a report from Gibson regarding the Interim Urban
Growth Boundaries and the current appeals.
Regular Council Minutes, 3/5/96, Page 1
OPEN SESSION
The following people addressed the Council:
Paul Graf, 3355 Y Road, Bellingham: Land Clearing Ordinance (AB96 -074)
Dick Gilda, Jensen Road, Bellingham: Land Clearing Ordinance (AB96 -074)
Corky Smith, Jr., Olivine Corporation, Bellingham: Generic Disposal Site Agreement
(AB96 -074)
Jean Freestone, 3200 Vallette Street: Growth Management Hearings Board (AB96 -047)
Ken Bell, RECOMP: Generic Disposal Agreement (AB96 -074)
Win Wilson, 3105 Arne Road, Custer: Custer Rezone (AB95 -170)
Nelson moved approval of Dave Wareing as County Executive Kremen's new Executive
Administrator. Mr. Kremen and Dave Wareing addressed the Council.
Motion carried unanimously.
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee. He stated the
contracts received from the Health Department have little or no background documentation. On
behalf of the committee, he will notify the Health Department that upon termination of a contract,
Council will require the contract either go out for bid or a reason be given as to why it should
remain at sole source bidding as it currently is. He moved approval of items 1 through 10.
Imhof requested removal of items 1 and 8.
Sutter requested removal of items 5 and 6.
Motion carried unanimously to approve items 2, 3, 4, 7, 9 and 10.
1. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A ONE
YEAR CONTRACT WITH EVERGREEN AIDS FOUNDATION FOR VOLUNTEER
SERVICES AND CASE MANAGEMENT SERVICES FOR PERSONS WITH AIDS
(AB96 -081)
........ ...............................
........ ...............................
Imhof recommended approval with the amendment to a the language:a € €soesc
:..:....... .
tt t.
Motion carried unanimously.
Regular Council Minutes, 3/5/96, Page 2
2. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A ONE
YEAR CONTRACT WITH ST. JOSEPH RECOVERY CENTER FOR CRISIS
SERVICES AND SUBSTANCE ABUSE TREATMENT (AB96 -082)
3. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT WITH ST. JOSEPH RECOVERY CENTER FOR
$ 21,886.00 FOR FUNDING FOR SUBSTANCE ABUSE TREATMENT AND
PREVENTION (AB96 -083)
4. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A CONTRACT
AMENDMENT FOR $41,000.00 WITH CHAMBERS AND MORTEMER
COUNSELING FOR STRUCTURED RESIDENTIAL TREATMENT SERVICES FOR
JUVENILES IN DETENTION (AB96 -084)
5. REQUEST AUTHORIZATION FOR EXECUTIVE TO SIGN TASK ORDER 3
OF THE NOOKSACK WATER USERS STEERING COMMITTEE FOR
WHATCOM COUNTY'S PORTION OF 30% OR $480.00 PER MONTH
(AB96 -035A)
Sutter questioned the report. She requested to see specific financial and activity
information and that she be included on the Steering Committee. Nelson stated the report is in
the Prosecutor's Office pending litigation. Nelson noted he would request the Steering
Committee include Sutter and allow her access to the report.
Nelson moved approval of the request.
Motion carried unanimously.
6. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A ONE
YEAR CONTRACT WITH THE YWCA FOR A NEEDS ASSESSMENT FOR
BREAST AND CERVICAL CANCER OUTREACH (AB96 -085)
Sutter questioned if these were pass through funds.
Fay Jensen, Health Department, addressed the Council and stated these are pass through
funds from the state.
Motion to approve carried unanimously.
7. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A ONE
YEAR CONTRACT WITH THE WHATCOM COUNTY CONVENTION AND
VISITOR'S BUREAU (AB96 -086)
Regular Council Minutes, 3/5/96, Page 3
8. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A ONE
YEAR CONTRACT WITH THE WHATCOM VOLUNTEER CENTER FOR
RECRUITMENT AND TRAINING OF VOLUNTEER WORKERS FOR
VARIOUS VOLUNTEER WORK ACTIVITIES (AB96 -087)
Brown moved the following amendment on page 1, number 4e, number 1: strike the word
"senior" from the sentence, thus reading: "Reimbursement for mileage when requested to sen or
volunteers for travel to and from the volunteer work site as determined by a formula... ".
Motion carried unanimously.
Motion to approve as amended carried unanimously.
9. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT TO THE INTERLOCAL AGREEMENT WITH
THE CITY OF BELLINGHAM FOR SOLID AND HAZARDOUS WASTE
SERVICES. (AB96 -088)
10. REQUEST AUTHORIZATION TO PURCHASE TRAFFIC LINE PAINT
THROUGH THE WASHINGTON STATE CONTRACT FROM MORTON
INTERNATIONAL. PAINT COMPANY FOR TRAFFIC LINE STRIPING ON
COUNTY ROADS. (AB96 -089)
PUBLIC HEARING
1. ORDINANCE REQUESTING BROADENING THE SCOPE OF THE ADA
COMPLIANCE COMMITTEE (AB96 -072)
George Reid, County ADA Coordinator, reported.
Nelson opened the public hearing, and the following people spoke:
Kurt Dessauer, Accessibility Coordinator for Community Action for the Disabled
Barbara Cory, ADA Compliance Committee
Hearing no one else, Nelson closed the public hearing.
Bob Woods, Council Budget and Program Analyst, addressed the Council and suggested
the ADA ordinance be codified. He also discussed funding.
Brenner moved approval of the ordinance.
Regular Council Minutes, 3/5/96, Page 4
Nelson moved the following amendment:
Motion carried unanimously.
...................
Imhof moved the following amendment on packet page 177, last sentence: "Funds
identified by the Council... ".
Motion carried unanimously.
Nelson requested Dessauer readdress the third item. Dessauer explained this dealt with
the 60% rule. Nelson stated that this item does not impact this ordinance.
Motion to approve as amended carried unanimously.
OTHER ITEMS
1. ORDINANCE AMENDING LAND CLEARING REGULATIONS IN TITLE 20,
THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE (AB96 -074)
Starkenburg reported for Planning and Development Committee and stated this item was
held in committee until March 19, 1996. The deadline for written comment is March 8 at 5 p.m.
2. ORDINANCE ESTABLISHING STANDARDS FOR THE VESTING OF
PROJECT PERMITS AND PROJECT PERMIT APPLICATIONS (AB96 -076)
Starkenburg reported for Planning and Development Committee and moved
approval.
Starkenburg moved the following amendment on packet page 171, line 261/2, to codify the
proposal as a change to Title 20 b inserting 010'` ` - ` "` `'`' " as a new section
Motion carried unanimously.
Sutter moved the following amendment: In section C.1 and D.1, strike the following
language: "1. Project permit Applications submitted after the effective date of this ordinance
shall be vested under the zoning and land use regulations in effect at the time of application,
provided that the eounty has not subsequently notified the applicant that the application i0s
incompl ."
There was discussion on the motion.
Regular Council Minutes, 3/5/96, Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Bill Florea, Planning and Development Services, addressed the issues raised by the
amendment.
There was further discussion on the motion. Dan Gibson, Council's counsel, addressed
the Council.
Motion failed 3 -4 with Brenner, Sutter and Brown in favor.
Motion to approve as amended carried unanimously.
3. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S
DECISION ON ZONING CONDITIONAL USE PERMIT (CUP95 -0041) FILED
BY PAUL AND LEANNE AKERS (AB95 -493)
See "Announcements ".
4. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S
DECISION ON INTERPRETATION OF THE ZONING ORDINANCE (APL95-
0015) FILED BY VINCE GERMANN (AB95 -506)
See "Announcements ".
5. DISCUSSION AND POSSIBLE ACTION ON PROPOSED LANGUAGE AND
CONTENT OF A "GENERIC" TYPE DISPOSAL SITE AGREEMENT (AB96-
041) (FROM 2/20)
Jeff Monsen, Public Works, reported. He recommended approval of the substitute generic
agreement.
Imhof moved approval of the Generic Site Disposal Agreement with the inclusion of
Appendix B in the packet.
Brown moved the following amendment: add to Appendix B at the
u: n ..................................... ...............h, ;i...........: ii:( i:ti i:i ................................ : % ifiLS: }::::Cii.::::i::::::iii:: :i:i i : >i::..... ......
There was discussion on the motion.
Motion to amend carried 4 -3 with Imhof, Dawson and Starkenburg opposed.
Motion for approval as amended carried unanimously.
Regular Council Minutes, 3/5/96, Page 6
the
6. REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO
APPOINT ELLA MILLER AND CORKY JOHNSON TO THE NORTHWEST
SENIOR SERVICES BOARD OF THE NORTHWEST REGIONAL COUNCIL
(AB96 -090)
Imhof moved approval.
Motion carried unanimously.
7. REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO
APPOINT JIM WILLIAMS TO THE DEVELOPMENT STANDARDS
TECHNICAL ADVISORY COMMITTEE (AB96 -091)
Imhof moved approval.
Motion carried unanimously.
INTRODUCTION ITEMS
Imhof moved approval of the introduction items.
Motion carried unanimously.
1. ORDINANCE AMENDING ORDINANCE NO. 95 -031, CONVERTING
ACCESSORY DWELLINGS FROM CONDITIONAL USES TO
ADMINISTRATIVE APPROVAL USES (AB96- 092)(THISITEMIS
SCHEDULED FOR DISCUSSIONIN PUBLIC WORKS AND CAPITAL
PROJECTS COMMITTEE 315196)
2. REQUEST BY MARGARET CURTIS, P.E., (FOR P.J. MURRAY- JONES) FOR
A ONE YEAR EXTENSION OF PRELIMINARY PLAT APPROVAL (AB96 -
093) (DARING TO BE SCHEDULED FOR 3/19)
REPORTS AND OTHER ITEMS FROM COUNCH, MEMBERS
Dawson requested input from Council members regarding a self - evaluation form
for the Board.
Critical Areas Ordinance (AB96 -061): Starkenburg reported that a work session is
scheduled for March 26, possibly for 10 or 11 a, m,
Interlocal Agreement Negotiations (AB96 -042): Nelson reported an upcoming
executive session for annexation of cities will be held Tuesday, March 12, at 10 a.m.
Regular Council Minutes, 3/5/96, Page 7
I Accessory Dwellings (AB96 -092): Bob Woods expressed concern about the
2 introduction item for accessory dwellings as being an introductory item. Brenner stated that it
3 may be pulled later.
4
5 Human Resources Committee (AB95 -361): Bob Woods updated the Council on this
6 committee's activities.
7
8 ADJOURN
9
10 The meeting was adjourned at 8:50 p.m.
11
12
13
14
15 Nadean Hanson, Recording Secretary
16
17 These minutes were approved by the Council on April 2 , 1996.
18
19 ATTEST: WHATCOM COUNTY COUNCIL
20 WHATCOM COUNTY, WASHINGTON
21
2
2
2 avis, Co rk Ward Nelson, Co ncil Chair
Regular Council Minutes, 3/5/96, Page 8