HomeMy WebLinkAboutCouncil October 29 1996WHATCOM COUNTY COUNCIL
Regular Council Meeting
October 29, 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 discussed the Canvassing Board needs for November 14, 15, 18, 19 and 20.
Brown will take November 14; Nelson will take November 15 in the morning and Brenner in the
afternoon; Sutter will take November 18 in the morning and Imhof in the afternoon; on
November 19, Nelson and Brenner will be available between Council meetings; and Dawson will
take November 20.
Nelson announced that during the Committee of the Whole meeting Council discussed in
executive session the Teamsters bargaining agreement, which will come up for vote on
November 12 (AB96 -374).
Also discussed in the Committee of the Whole in executive session was pending litigation
(AB96 -077).
Nelson announced the Victim Memorial Sign Ordinance would be held over for two
weeks (November 12).
SPECIAL PRESENTATION
SPECIAL PRESENTATION BY COUNTY EXECUTIVE PETE KREMEN (AB96 -245)
Joe Fuller was presented with the Youth Task Force Program Award (Community Safety
Award). This is a national award, which is one of the highest honors a safety program can
achieve.
Regular Council Meeting, 10/29/96, Page 1
OPEN SESSION
The following people addressed the Council in open session:
Leslie Clark, 1364 Chuckanut Drive: People for Parks and Community Centers. She
submitted a signed petition with over 1,000 signatures.
Shirley Osterhaus, 2208 Broadway, #B, representing the Whatcom Human Rights Task
Force: Lummi Nation Resolution (AB9.6 -365)
Lesa Starkenburg - Kroontje, 115 Front Street, Lynden: Emergency Ordinance amending
WCC, Title 17, Flood Damage Protection (AB96 -378A)
Joe Deeny, 2104 Wilson Avenue: Member of Whatcom Human Rights Task Force:
Lummi Nation Resolution (AB96 -365)
Kurt Denke: Emergency Flood Ordinance (AB96 -378A)
CONSENT AGENDA
Dawson reported for Finance and Administrative Services Committee and moved approval
of all items.
Starkenburg requested item 3 be pulled.
Sutter requested item 1 be pulled.
Consent items 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ACCEPT A
COMMUNITY DEVELOPMENT BLOCK GRANT FOR $24,000.00 FROM
THE WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE
AND ECONOMIC DEVELOPMENT (AB96 -369)
Terry Galvin, Planning and Development Services, explained some of the questions of
Council members.
Imhof moved approval.
Motion carried unanimously.
2. RESOLUTION ESTABLISHING COUNTY ROAD PROJECTS AND AWARD
OF CONTRACTS FOR SIGNALIZATION OF UNSIGNALIZED RAILROAD
CROSSINGS AT VARIOUS WHATCOM COUNTY LOCATIONS (AB96 -371)
Regular Council Meeting, 10/29/96, Page 2
3. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A
CONTRACT WITH EXIGENT COMPUTER GROUP, INC. FOR COMPUTER
IMAGING, PROGRAMMING NG AND MAINTENANCE (AB96 -372)
Dave Wareing, Executive's Office, answered questions from Council members. There
were concerns regarding expenses for travel from California. Wareing assured Council that the
budget would be contained. Terry Hinz, Auditor's Office, also gave information.
Imhof moved approval.
Motion carried unanimously.
4. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO AN
AGREEMENT WITH WASHINGTON STATE COMMUNITY, TRADE AND
ECONOMIC DEVELOPMENT (CTED), AND THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT FOR ACCEPTANCE OF A
$500,000.00 COMMUNITY DEVELOPMENT BLOCK GRANT (AB96 -368)
5. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO AN
AGREEMENT WITH WHATCOM SELF -HELP HOMES, AS SUBRECIPIENT
OF A $500,000.00 COMMUNITY DEVELOPMENT BLOCK GRANT (AB96-
368A)
6. RESOLUTION AUTHORIZING THE ACCEPTANCE OF CTED
COMMUNITY BLOCK GRANT FOR 32 SINGLE FAMILY HOMES FOR
LOW/MODERATE INCOME HOUSEHOLDS (AB96 -368B)
7. RESOLUTION ADOPTING A WRITTEN CODE OF STANDARDS OF
CONDUCT GOVERNING THE PERFORMANCE OF EMPLOYEES
ENGAGED IN THE AWARD AND ADMINISTRATION OF CONTRACTS
(AB96 -368C)
8. RESOLUTION ADOPTING TITLE VI CERTIFICATION (AB96 -368D)
9. RESOLUTION ADOPTING A POLICY PROTECTING INDIVIDUALS
ENGAGED IN NONVIOLENT CIVIL RIGHTS DEMONSTRATIONS (AB96-
368E)
10. RESOLUTION ADOPTING FAIR HOUSING PRACTICES (AB96 -368F)
11. RESOLUTION ADOPTING A GRIEVANCE PROCEDURE FOR ALL
WHATCOM COUNTY PROJECTS USING FUNDS FROM THE STATE OF
Regular Council Meeting, 10/29/96, Page 3
WASHINGTON COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(AB96 -368G)
12. RESOLUTION ADOPTING AN EQUAL EMPLOYMENT
OPPORTUNITY /AFFIRMATIVE ACTION POLICY (AB96 -368H)
13. RESOLUTION ADOPTING A RESIDENTIAL ANTI - DISPLACEMENT AND
RELOCATION ASSISTANCE PLAN (AB96 -368I)
PUBLIC HEARING
1. ORDINANCE REGARDING ESTABLISHING A 25 MPH SPEED LMT ON
VARIOUS WHATCOM COUNTY ROADS (AB96 -355)
Ed Henken, Engineering, gave a staff report.
Nelson opened the public hearing.
Hearing no one, Nelson closed the public hearing.
Imhof moved approval.
Motion carried unanimously.
2. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO
CONSUMMATE THE APPROPRIATE QUIT CLAIM DEED RETURNING
15 FEET OF RIGHT -OF -WAY WHICH WAS DEEDED IN ERROR IN 1979
(AB96 -356)
Ed Henken, Engineering, gave a staff report.
Nelson opened the public hearing.
Hearing no one, Nelson closed the public hearing.
Imhof moved approval.
Motion carried unanimously.
3. WHATCOM COUNTY COMPREHENSIVE PLAN, LAND USE /CAPITAL
FACILITIES ELEMENTS (AB96 -051F)
Nelson opened the public hearing, and the following people spoke:
Regular Council Meeting, 10/29/96, Page 4
I David Davidson, Planning Consultant, representing the cities of Sumas, Nooksack and
2 Everson: He read from a handout packet regarding each city, which was a copy of some of the
3 pages from the draft Comprehensive Plan to which he had made comments to specific language
4 (on file). He also had other handouts (on file).
5
6 Kurt Denke, 3030 -35th Avenue West, Seattle: He spoke to the Denke 160 acres in the
7 Geneva area, which has been excluded from the Urban Growth Area (UGA). He also spoke
8 about surface drainage. Denke noted the Growth Management Hearings Board instructed
9 Whatcom County to consider the Denke property for inclusion in the UGA. He stated the County
10 has only rubber stamped city recommendations to exclude this property. The city now
11 recommends placing the property in its five -year review category. He pointed out that it has been
12 Whatcom County which has excluded this property from the UGA and requested Council to
13 advise him if it intends to down zone this property. If this property is excluded, he will continue
14 to fight this issue.
15
16 Pat Sizemore, 7096 Pt. Whitehorn Road, Birch Bay, General Manager of Birch Bay Water
17 and Sewer District: He read from a document (on file) regarding water availability, which
18 included a proposed plan of bringing water to the Birch Bay District. He requested Council place
19 all areas within the District's legal boundaries into the Comprehensive Plan, Urban Grown Area,
20 and not place it into the City of Blaine because the District will be hindered in its efforts to secure
21 water from the P.U.D. and will be unable to meet the growth needs consistent with current
22 zoning.
''3
-4 Barney Goltz, 3003 Vallette Street: He referred to a letter sent to Council by the
25 CaiTach USA Corporation on October 3 (on file) which refers to a condition on the Smith
26 Road/Meridian intersection. He requested Council be consistent by having all four quadrants of
27 this intersection zoned General Commercial.
28
29 Mike Peck, .1239 Lakeview: He was concerned about the zoning of his property along
30 the Guide Meridian. It is zoned Agricultural but is less than 5 acres. He encouraged Council to
31 consider other commercial designations rather than Agricultural for his property.
32
33 Jean Freestone, 3200 Vallette Street: She read her testimony (on file), which spoke to
34 essential public facilities, noting that the Growth Management Act contains several positive and
35 economy - building aspects; however, not much attention has been paid to these aspects. Most of
36 the attention has been paid to the protection of natural resources and urban sprawl prevention.
37 These important aspects include the provision for improving regional transportation, ensuring
38 economic growth, and citing essential public facilities. (documents referred to all on file)
39
40 Peter Willing, 1903 Broadway, representing the City of Sumas: He read his testimony
41 (on file), which spoke to Sumas water protection, which includes preventing water contamination.
42 Some of his concerns included accidental fuel spills and illegal dumping (handouts on file). He
43 commented about the current status of regulation, stating that there is danger of too many cooks
Regular Council Meeting, 10/29/96, Page 5
I spoiling the broth in the overlapping jurisdictions and regulations of the sand and gravel industry.
2 He felt that the gravel washing policy should be a Conditional Use and that concrete and asphalt
3 batch plants should be prohibited uses in aquifer recharge areas (his letter on file).
4
5 Roger Ellingson, representing the City of Sumas, special legal counsel for the City of
6 Sumas on land use matters related to the aquifer recharge area: He noted that Sumas is
7 concerned about the mineral resource element of this Comp Plan because there are two
8 Conditional Use applications still pending. Ellingson stated there is a tendency in the element to
9 "hedge" on the issue of outright permitted use vs. conditional use. He submitted photos for the
10 record. He ended his comments by stating that the City of Sumas does not want Council to
11 gamble with its water.
12
13 Joan Casey, 1015 W. Toledo Street: She stressed the importance of trails and open space
14 and urged Council to adopt Chapter 4 on capital funding regarding trails.
15
16 Gail Pattenaude, 5809 Aldrich Road, Bellingham: She requested Council examine the
17 economic impact of the Comp Plan on the community.
18
19 Art Anderson, 2211 Rimland Drive, representing contractor members of Associated
20 General Contractors: He spoke about.the Whatcom County Job Based Economy Resolution
21 approved by the Council on March 22, 1994 (handouts on file). He requested Council review the
22 resolution, especially the checklist on page 3, and include this checklist in the Comp Plan. He
?3 noted some of these issues have been addressed, but more work needs to be done.
25 Martin Van Buren, 623 E. Wiser Ridge, Lynden: He read his testimony (on file). He
26 requested Council make sufficient land available in the Comp Plan for affordable housing.
27
28 Dan Taylor, 717 -15th Street: He stated he supports the level of service standards
29 (guidelines) for Parks as they stand now. He stated the Growth Management Hearings Board
30 ignored 20 years of planning when it rejected the interim growth boundaries. He requested
31 Council bear in mind the final Comp Plan can be amended annually.
32
33 (Clerk's Note: A five- minute break was taken)
34
35 Bill Henshaw, realtor, 2653 North Park Drive: He commented about population
36 projection figures and stated additional industrial land will be needed. He further stated that
37 supply does make a difference and is a basic economic precept. He read briefly from various
38 articles regarding Vancouver, B.C. and that area (on file). Some of the major factors in terms of
39 the County's economic viability include the Canadian-owned businesses in the County and
40 Canadians living in this area.
41
42 Bill Geyer, 1008 -16th Street, representing Cloverleaf Associates Partnership: He stated
43 more industrial expansion area is needed, specifically to Interstate 5 and Slater Road (handouts on
Regular Council Meeting, 10/29/96, Page 6
I file). Everyone is aware, he noted, that there are no more industrial sites greater than '20 acres
2 that can be developed within the City of Bellingham. He requested the County's Comp Plan
3 reflect the ultimate use of this area (south of the Slater Road and north of the airport) as LII.
4
5 Mike McGlenn, president of the Back Country Horsemen of Washington, 1992 Harmony
6 Road: He read testimony regarding trails, trail heads, recreation and the parks (on file). He
7 supports more trails in the County and urged Council to take his testimony into consideration.
8
9 Glen Henderson, Board Chair, Water District #13, 2541 Blackbird Valley Place, Sumas:
10 He spoke about the growth in Peaceful Valley, which is approximately 140 homes per year, the
11 aquifer, and the lack of business and industry in Peaceful Valley. He urged Council take
12 advantage of what is available and join Kendall with Peaceful Valley to make one urban growth
13 area.
14
15 Pat Alesse, 4825 Alderson Road, Birch Bay: He spoke very briefly to Birch Bay's tax
16 base, its water, and its shoreline. He told Council that anything it could do to help develop a log
17 trail along Birch Bay Drive will help much (handouts on file).
18
19 Terry Silverman, PO Box 490, Blaine, Interim Planning Manager for the City of Blaine:
20 She read testimony (on file) that spoke to Blaine's support of the County's urban growth areas,
21 especially the established boundaries for the City of Blaine. Blaine has been reviewing its
22 Comprehensive Plan due to its rejection by the Growth Management Hearings Board.
?3
.4 Donna Macomber, 159 Larson Road, Bellingham: She and fellow Larson Road residents
25 do not want the Larson Road to be a priority. She stated the people who request an
26 "overabundance" of land financially benefit from having an excessive amount of property available
27 (testimony on file).
28
29 Roger Almskaar, 1401 Astor: He stated the Comp Plan could be made much shorter and
30 succinct and that much of the information could be included in a background document. He was
31 concerned about the hard line between urban and rural uses. He also spoke about the relationship
32 between urban growth boundaries and the urban vs. rural distinctions.
33
34 Meg Grable, 7806 Birch Bay Drive, Birch Bay, President of Birch Bay Chamber of
35 Commerce: She read testimony (on file) stating that Birch Bay is a resort community and needs
36 water rates necessary to maintain this community.
37
38 Curt Smelser, 601 Union Street, Suite 4100, Seattle, representing Jim and Ruth Trull: He
39 requested Council to include the Custer industrial area into the Urban Growth Area in the final
40 Comp Plan. He stated the policies for economic development are the building blocks of the
41 Comprehensive Plan. Custer is the ideal area for light industrial development and requested
42 Council take this area into the Comp Plan as an urban growth area.
43
Regular Council Meeting, 10/29/96, Page 7
I Phil Serka, 400 North Commercial, representing Mr. and Mrs. Lois Leclezio: He
2 requested a rezone of this property in Custer to industrial and incorporate it in the Urban Growth
3 Areas (referred document on file). He further requested Council deal with a further study of the
4 industrial land supply; reinvestigate the County -wide planning policies and make its decision
5 before the Comp Plan has been decided; and not designate properties industrial only because they
6 are now industrial under the zoning ordinance. He also felt that the essential public facilities
7 section in the land use plan needs to be changed so as to be clear in identifying an established
8 process. This section also lacks dealing with the transportation regional issues of major
9 importance.
10
1 I John Hruby, 7401 Valley View Road, Ferndale: He noted there is no industrial area in
12 Custer; it is rural. He stated the 1987 Subarea Plan anticipated potential industrial growth in
13 Custer, which was not realized. Hruby requested Council plan for the infrastructure for this area
14 but not to do so on speculation.
15
16 Bob Bye, 8484 Treeview Road, Birch Bay: He spoke to Birch Bay and the City of
17 Blaine, stating the County takes Birch Bay for granted. He wondered where the safeguards are
18 for Blaine's tax revenue. He requested Council address this issue to display future management.
19
20 Hearing no one else, Nelson closed the public hearing. He stated written comment would
21 be accepted until November 22, 1996.
22
73 Starkenburg responded to Nelson's question regarding a November 12 hearing by
reviewing the work session process, which will be limited to Council participation for information
25 only. He encouraged Council members to write their questions to Planning staff.
26
27 OTHER ITEMS
28
29 1. ORDINANCE AMENDING CERTAIN PROVISIONS OF TITLE 20, THE
30 OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, THAT REMOVE
31 OPEN SPACE REQUIREMENTS IN THE GM, LII AND HII ZONES AND
32 AMENDING THE DEFINITION OF OPEN SPACE AS IT IS APPLIED IN
33 ALL ZONES (STAFF RECOMMENDS THAT THIS ORDINANCE REMAIN
34 IN EFFECT FOR ONE YEAR TO ALLOW TIME FOR THE COMPLETION
35 OF THE COMPREHENSIVE PLAN) (AB96 -357)
36
37 Starkenburg reported for Planning and Development Committee and moved to adopt the
38 ordinance.
39
40 Motion to adopt carried unanimously.
41
42 2. ORDINANCE AMENDING THE CHUCKANUT -LAKE SAMISH SUBAREA
43 COMPREHENSIVE PLAN MAP FOR RESIDENTIAL RURAL TO URBAN
Regular Council Meeting, 10/29/96, Page 8
RESIDENTIAL AND THE OFFICIAL WHATCOM COUNTY ZONING MAP
FROM RURAL RESIDENTIAL TWO UNITS PER TWO ACRES (PM) TO
URBAN RESIDENTIAL, FOUR DWELLINGS PER ACRE (UR4) FOR
APPROXIMATELY SIXTEEN ACRES (AB96 -358)
Starkenburg reported for Planning and Development Committee and moved to adopt the
ordinance.
Motion carried unanimously.
(Clerk's Note: Scrivener error in above description [should be two units per acre] to be
corrected by the Clerk.)
3. RESOLUTION REQUESTING THE WHATCOM CONSERVATION
DISTRICT DEVELOP AND ADMINISTER AN ENVIRONMENTAL
MANAGEMENT PROGRAM FOR AGRICULTURAL LANDS (AB96 -379)
Nelson moved approval.
Motion carried unanimously.
4. ORDINANCE AMENDING THE WHATCOM COUNTY CODE BY
CREATING CHAPTER 12.56, VICTIM MEMORIAL SIGN PROGRAM
(AB96 -285)
This item has been withdrawn.
ADDENDUM
5. EMERGENCY ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 17,
FLOOD DAMAGE PROTECTION (AB96 -378A)
Ed Henken, Engineering, gave a staff report.
There was discussion on this item.
Starkenburg moved to hold the emergency ordinance and stay on schedule with the
ordinance introduced this evening, which is scheduled for a hearing on November 12.
There was discussion on the motion.
Motion carried 4 -3 with Nelson, Dawson and Imhof opposed.
Regular Council Meeting, 10/29/96, Page 9
6. RESOLUTION ESTABLISHING AFFORDABLE HOUSING AS A PRIMARY GOAL
OF THE WHATCOM COUNTY COMPREHENSIVE PLAN (AB96 -384)
This item has been withdrawn.
INTRODUCTION ITEMS
Brenner moved to accept the introduction items.
Motion carried unanimously.
1. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION OF
HEARING EXAMINER FILE NO. PLA96 -0001 FILED BY JOHN F.
ACKERMAN (AB96 -334)
2. ORDINANCE AMENDING ORDINANCE 91-062,1991 TRACY REZONE
CONCOMITANT AGREEMENT (AB96 -375) (HEARING TO BE
SCHEDULED)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE 8.15, SOLID
WASTE DISPOSAL SITE, REGARDING IN- COUNTY PROCESSING OR
DISPOSAL OF SOLID WASTE (AB96 -041A)
4. ORDINANCE IN THE MATTER OF THE ADOPTION OF THE FINAL
WHATCOM COUNTY BUDGET FOR THE YEAR 1997 (AB96 -367)
(HEARING TO BE SCHEDULED)
5. ORDINANCE AMENDING THE BUDGET, SUPPLEMENTAL BUDGET REQUEST
#9 (AB96 -376)
6. RESOLUTION FOR THE ACQUISITION OF PROPERTY TO COMPLETE
THE LAKE WHATCOM TRAIL PURCHASED FROM CONSERVATION
FUTURES FUNDING (AB96 -377)
7. ORDINANCE AMENDING THE WHATCOM COUNTY CODE BY
CREATING CHAPTER 12.60, UNINCORPORATED WHATCOM COUNTY
ROAD NAMING SYSTEM (AB96 -196) (HEARING TO BE SCHEDULED)
8. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 17, FLOOD
DAMAGE PROTECTION (AB96 -378)
9. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR THE YEAR 1997
(AB 96 -380) (HEARING TO BE SCHEDULED)
Regular Council Meeting, 10/29/96, Page 10
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REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
None.
ADJOURN
The meeting was adjourned at 10.50 p.m.
Marina Mason, Recording Secretary
These minutes were approved by the Council on December 10 , 1996.
ATTEST:
Dana Brown - Davis, Council Cler
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward N s*tou6cil , Chair
Regular Council Meeting, 10/29/96, Page 11