HomeMy WebLinkAboutCouncil May 14 1996WHATCOM COUNTY COUNCIL
Regular Council Meeting
May 14, 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
The budget retreat will be held June 4 at 9 a.m. in the Council committee room. Bob
Williams' booklet will be distributed to Council members. Mr. Williams, a former Washington
State Senate budget chair and now with the Evergreen Freedom Foundation, will be meet with
Council members at 10:30 a.m. in the multipurpose room in the basement. The meeting will be
scheduled for one and one -half hours.
Council members will tour various County departments. They have been specifically
invited to Superior Court, the Sheriffs Office and the Jail. No more than three Council members
can tour a department at a time to avoid a quorum. The tour may be able to be scheduled around
the noon hour on a Council meeting day.
The Council is to select one member to canvass the special election of the Mt. Baker
School District. The canvassing board will meet in the Auditor's Office at 9:30 a.m. on Friday,
May 31. Council member Brenner volunteered to canvass.
FROM EXECUTIVE SESSION IN COMMITTEE OF THE WHOLE
1. EXECUTIVE SESSION TO DISCUSS UNION NEGOTIATIONS AND MEDIATION
(AB96 -181)
Regular Council Minutes, 5/14/96, Page 1
The decisions have been sent to Counsel for proper action.
3. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S
DECISION ON SHORELINE PERMIT AND SHORELINE VARIANCE (SHS
95 -0020 AND SHV 95 -0007) FILED BY MELVIN AND BETTY BALFOUR (AB96-
095)
Imhof moved to uphold the Hearing Examiner's decision.
Motion carried 6 -1 with Dawson opposed.
4. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S
DECISION ON SHORELINE CONDITIONAL USE PERMIT (SHS95 -006)
FILED BY JOSEPH W. AND NANCY B. KOVALIK, AND JAMES RITCHIE,
C/O JAMES F. FLYNN, ATTORNEY AT LAW (AB96 -123)
Imhof moved to uphold the Hearing Examiner's decision.
Motion carried 6 -1 with Dawson opposed.
7. COUNCIL TO DISCUSS THE HEARING EXAMINER APPEAL FILED BY
JAMES WEST (CUP94 -0014) (AB96 -140)
Imhof moved to allow continuation of the appeal but limit the appeal to the issue of the
public notice.
Motion passed 6 -0 with Starkenburg abstaining.
SPECIAL PRESENTATION
1. PRESENTATION BY THE BELLINGHAM HIGHLAND GAMES ASSOCIATION
(AB96 -198)
Council members were invited to the annual Highland Games taking place at Hovander
Homestead Park on June 1.
2. EXECUTIVE PRESENTATION RELATING TO WHATCOM COUNTY
HOME RULE CHARTER AMENDMENT # 4, SECTION 1.51,
PERFORMANCE AND STRATEGIC PLANNING (AB96 -187)
Pete Kremen, County Executive, gave a State of the County address. He discussed the
recent flattening of the local economy and its effects. Other topics discussed were: revenue
shortfalls; increase in serious crime rate in the county and its effects on the Sheriff, Jail, Public
Regular Council Minutes, 5/14/96, Page 2
Defender and Prosecuting Attorney's Offices; upcoming budget planning for county departments;
and the future working plan for the Executive and Council Offices to work together.
OPEN SESSION
The following people addressed the Council in open session:
Rita Foley, South Lake Whatcom: Signage on South Bay Drive to notify drivers of deer
crossings
Patrick Alyssey, 4825 Alderson Road, Birch Bay: Property taxes and growth
management
Richard Gilda, Jensen Road, Bellingham: Budget constraints of Whatcom County and
Cherry Point (the Scheckter and various environmental groups' lawsuit)
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee and moved items 1
through 5 for approval.
Motion carried unanimously.
1. RESOLUTION ESTABLISHING CRP 996001 AND THE AWARD OF
CONTRACT FOR STRUCTURAL OVERLAY OF THE EVERSON- GOSHEN
ROAD (AB96 -182)
2. BID AWARD FOR PRELEVEL PROJECTS IN BIRCH BAY AREA, WEST
WHATCOM COUNTY AREA, NORTHWEST WHATCOM COUNTY AREA
AND NORTH WHATCOM COUNTY AREA TO THE LOW BIDDER,
WILDER CONSTRUCTION COMPANY FOR A TOTAL OF $524,879.00
(AB96 -183)
3. PRESENTATION OF THE WHATCOM COUNTY DEVELOPMENTAL
DISABILITIES PLAN FOR EXPENDITURE OF FUNDS FOR 1997 -1999
PURSUANT TO W.A.C. 275 -25 -020 (AB96 -184)
4. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM COUNTY
SURPLUS PROPERTY FROM THE DISSOLUTION OF TELEVISION
RECEPTION DISTRICT #1 AND SETTING A DATE FOR PUBLIC
HEARING THEREON PURSUANT TO WCC 1.10 (AB96 -194)
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICE CONTRACT WITH EARTH TECH
CONSULTING SERVICES RELATED TO GMA COMPLIANCE (AB96 -185)
Regular Council Minutes, 5/14/96, Page 3
PUBLIC HEARING
1. ORDINANCE REGARDING THE INSTALLATION OF STOP SIGNS ON
STICKNEY ISLAND ROAD AT TIMON ROAD IN SECTION 25, TOWNSHIP
40 NORTH, RANGE 3 EAST, W.M. (AB96 -177)
Jeff Monsen, Public Works, gave a staff report on the proposed installation.
Nelson opened the public hearing.
Hearing no one, Nelson closed the public hearing.
Brown moved to approve the ordinance.
Motion carried unanimously.
2. ORDINANCE GRANTING A 25 YEAR FRANCHISE TO CASCADE
NATURAL GAS (AB96 -158)
Mary Scrimsher, Executive's Office, gave a staff report. There are some scrivener errors
to be corrected:
- Scrivener's error on packet page 146, Section 23, line 31. The reference is made to
Section 14, but should be Section 15. Strike 9-4" and replace with
- On packet page 144, Section 14, Vacations, line 15, add: "...granted a ,1�:€ of 10
.::....:::......:
(10) foot wide... ".
- On racket nape 142. Section 8. at the end of line 12. add the sentence:
Lee Beaudry, Seattle representative of Cascade Natural Gas, gave an explanation for the
last scrivener error. There was discussion.
Nelson opened the public hearing.
Hearing no one, Nelson closed the public hearing.
Imhof moved to postpone approval until Cascade Natural Gas explains its cost for a
certain service.
Regular Council Minutes, 5/14/96, Page 4
Dave Grunhurd, Bellingham District Manager for Cascade Natural Gas, discussed costs
for installation to property owners.
Jeff Monsen, Public Works, and Dan Gibson, Council's counsel, briefly commented.
Imhof withdrew his motion.
Starkenburg moved approval of the ordinance as amended.
Motion to approve the ordinance carried unanimously.
OTHER ITEMS
1. ORDINANCE AMENDING THE BUDGET, REQUEST #3 (AB96 -165A)
Imhof reported for Finance and Administrative Services Committee and moved approval
of the ordinance.
Motion to approve carried 6 -1 with Imhof opposed.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
DISPOSAL SITE AGREEMENT WITH OLIVINE CORPORATION (AB96-
186)
Brenner moved to recommend approval with the stipulation that on packet page 113,
Appendix A, level 2 capacity be reduced to 75 tons per day, which recognizes the additional
fairest recovery possible following incineration.
Motion to amend carried unanimously.
Brenner moved to recommend amending by reducing levels 3, 4, 6 and 7 capacities to 110
tons per day.
Motion to amend carried unanimously.
Jeff Monsen, Public Works, discussed the issue of compliance by other contracting
recycling companies. Discussion followed.
Motion to approve the contract as amended carried unanimously.
3. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED
APPROVAL OF AMENDMENTS TO A MAJOR DEVELOPMENT PERMIT,
FILED BY SOUND PACIFIC RESOURCES FOR `BEACHWOOD RESORT"
Regular Council Minutes, 5/14/96, Page 5
(MD)95 -0001) (AB96- 164) (IFNECESSARY, TTIISITFMMAYBEDISCUSSED
INEXECUTTYE SESSIONDURING THE COMMITTEE OF THE WHOLE
MEETING)
Starkenburg reported for Planning and Development Committee and moved approval
with the two amendments recommended by the Hearing Examiner.
Motion carried unanimously.
4. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S
DECISION ON SHORELINE PERMIT AND SHORELINE VARIANCE (SHS
95 -0020 AND SHV 95- 0007), FILED BY MELVIN AND BETTY BALFOUR
(AB96 -095)
See "Announcements ".
5. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S
DECISION ON SHORELINE CONDITIONAL USE PERMIT (SHS95 -006),
FILED BY JOSEPH W. AND NANCY B. KOVALIK, AND JAMES RITCHIE,
C/O JAMES F. FLYNN, ATTORNEY AT LAW (AB96 -123)
See "Announcements ".
6. REQUEST APPROVAL FOR EXECUTIVE TO SIGN AN APPLICATION FOR
A CLASS A AND CLASS C LIQUOR LICENSE FOR MILT'S PIZZA
LOCATED AT 119 TROMP ROAD, LYNDEN (AB96 -188)
Brenner moved approval.
Motion carried unanimously.
7. REQUEST APPROVAL FOR EXECUTIVE TO SIGN AN APPLICATION FOR
A CLASS H LIQUOR LICENSE FOR LARRY'S OYSTER & PASTA BAR
LOCATED AT 4874 BIRCH BAY - LYNDEN ROAD, BLAINE (AB96 -189)
Brenner moved approval.
Motion carried unanimously.
8. REQUEST APPROVAL FOR EXECUTIVE TO SIGN AN APPLICATION FOR
A CLASS E AND CLASS F LIQUOR LICENSE FOR MAPLE FUELS WASH -
A -TON LOCATED AT 7797 SILVER LAKE ROAD, MAPLE FALLS (AB96-
190)
Regular Council Minutes, 5/14/96, Page 6
Brenner moved approval.
Motion carried unanimously.
9. REVIEW AND POSSIBLE ACTION ON THE WRITTEN FINDINGS FOR
THE CRITICAL AREAS ORDINANCE, WHICH WAS ADOPTED ON
APRIL 30, 1996 (AB96 -118A)
Dan Gibson, Prosecuting Attorney's Office, gave a staff report. He noted there are
currently approximately 53 Findings.
Starkenburg moved approval of the Findings presented in addition to the ones in the
ordinance.
Sutter moved to amend Finding #12 (on file) to read: "The filling r1rr of
wetlands to arable land for agricultural production is costly and unlikely to occur in the absence of
a strong economic motive." and eliminate Finding # 15: "The filling of wetlands is also expensive
and is unlikely to occui in the absence of a strong economic motive. '
There was discussion on the motion.
Sutter withdrew her motion.
Sutter moved to amend the third line of Finding #34 (on file) to change "significantly" to
"Positively": "The complex of attitudes (economic, social, religious in origin) which shape our
behavior in relation to critical areas is unlikely o be affected b a device
Y ���Y >`:.... Y Y
which is primarily political in nature, that is, regulation."
There was discussion on the motion.
Motion failed 2 -5 with Sutter and Brown in favor.
Sutter moved to amend to include Findings #49 and #50 in the WHEREAS, not in the
Findings.
Brenner moved to include Finding #47 to the above motion to amend. This was included
in Sutter's motion as a friendly amendment.
"47. This Council has reviewed written input from the public and staff summaries of
input; and has heard public testimony at the County Council public hearing on April 16, 1996.
Planning staff provided detailed summaries of public input for Council review.
Regular Council Minutes, 5/14/96, Page 7
49. The County Council convened a work session to discuss and formulate changes to
the proposed "critical areas" ordinance on April 30, 1996.
50. The County Council held a regular public meeting on April 30, 1996, and further
discussed changes to this ordinance prior to adopting the ordinance on that evening."
Motion to amend carried unanimously.
Motion carried unanimously.
Brenner moved to amend Finding #51 to be included in the WHEREAS section: "A
number of changes were made to the Planning Commission recommendations based upon public
input."
Brenner withdrew her motion.
Motion to approve the Findings carried 6 -1 with Brown opposed.
Sutter moved to continue to accept Findings for the next two weeks to be approved at the
next Council meeting on May 28, 1996.
Motion to leave the record open for additional Findings carried unanimously.
Sutter moved to approve the following scrivener errors:
- packet page 159, line 21, should be April 30, not April 18; and
- packet page 173, line 5, "six month timeframe" should be deleted.
Motion to change scrivener errors carried unanimously.
INTRODUCTION ITEMS'
1. ORDINANCE CREATING A LOCAL WASTE REDUCTION AND RECYCLING EDUCATION
AND PROMOTION GRANT PROGRAM (AB96 -191)
2. ORDINANCE DEFINING PROCEDURES FOR THE SEGREGATION OF INDIVIDUAL
PARCELS OF PROPERTY WITHIN LOCAL ROAD IMPROVEMENT DISTRICTS (LRID) TO
DETERMINE TAX ASSESSMENT RATES (AB96 -192) (HERRING TO BE SCHEDULED)
Regular Council Minutes, 5/14/96, Page 8
1 3. ORDINANCE REGARDING THE ESTABLISHMENT OF A 25 MPH SPEED LIMIT WITHIN
2 THE PLAT OF MARINE LAND SUBDIVISION, DIVISIONS 1 AND 2, LOCATED WITHIN
3 SECTION 15, TOWNSHIP 38 NORTH, RANGE 2 EAST OF W.M. (AB96 -193) (HEARING TO
4 BE SCHEDULED)
5
6 4. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM COUNTY SURPLUS
7 PROPERTY FROM THE DISSOLUTION OF TELEVISION RECEPTION DISTRICT #1
8 PURSUANT TO WCC 1.10 (AB96 -194A) (DARING TO BE SCHEDULED)
9
10 Imhof moved to accept the introduction items.
11
12 Motion carried unanimously.
13
14 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
15
16 Growth Management Hearings Board (AB96 -047): Sutter reported on a letter of
17 support for the elimination of this board. She requested any Council member wishing to sign this
18 letter to please see her.
19
20 Human Services Review Committee (AB95 -367): Bob Woods announced this
21 committee has completed its work, and a report will be available. A presentation will be made at
22 the May 28 Council meeting.
23
24 Growth Management Hearings Board (AB96 -047): Woods announced the decisions
.25 are on a computer disk if anyone would like the information.
26
27 ADJOURN
28
29 The meeting was adjourned at 8:55 p.m.
31 'lam
32�� -f-
33 Jill Nixon, Recording Secretary
34
35 These minutes were approved by the Council on June 11 , 1996.
36
37 ATTEST: WHATCOM COUNTY COUNCIL
38 WHATCOM CO TY, W SHINGTON
39
40
41 - L. Ward Nelson, Co ncil Chair
Regular Council Minutes, 5/14/96, Page 9