HomeMy WebLinkAboutCouncil April 11 1995WHATCOM COUNTY COUNCIL
Regular Council Meeting
April 11, 1995
The meeting was called to order at 7 p.m. by Council Chair Robert Imhof in the
Council Chambers, 311 Grand Avenue.
Also Present:
Barbara Brenner
Marlene Dawson
Larry Harris
Alvin Starkenburg
Ken Henderson
Ward Nelson
ANNOUNCEMENTS
Imhof reported on the executive session:
Absent:
None
P. Council gave concurrence for two county employees to be represented in pending
litigation. (AB95 -183).
► Imhof moved to give direction for the Executive to continue courthouse
arbitration (AB95 -182).
Motion carried unanimously.
P. The agenda has been changed to have Items 3 and 4 under Public Hearings to be
Items 1 and 2, and Items 1 and 2 will now be Items 3 and 4.
► Item 6 under Other Items has been withdrawn by the proponent.
OPEN SESSION
The following people addressed the Council:
Jeff McKay, 9643 Sucia Drive: Slater Road tribal and non - tribal issues
Regular Council Minutes, 4/11/95, Page 1
1 CONSENT AGENDA
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3 1. COUNTY'S OFFICIAL NEWSPAPER AND AUTHORIZE THE EXECUTIVE TO
4 SIGN A CONTRACT WITH THE BELLINGHAM HERALD AS WHATCOM
5 COUNTY'S OFFICIAL NEWSPAPER (AB95 -072A)
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7 2. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 994016 AND
8 THE AWARD OF CONTRACT FOR REPLACEMENT OF H STREET ROAD
9 BRIDGE NO. 41 OVER BERTRAND CREEK TO THE LOW BIDDER, ONE
10 WAY CONSTRUCTION COMPANY FOR $317,224.20 (AB95 -184)
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12 3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
13 A TWENTY -FIVE YEAR LEASE OF COUNTY LAND AT SMITH AND
14 NORTHWEST ROADS WITH THE BOYS AND GIRLS CLUB OF WHATCOM
15 COUNTY FOR THE DEVELOPMENT OF BASEBALL FIELDS (AB95 -185)
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17 4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
18 A TWENTY -FIVE YEAR LEASE OF COUNTY LAND AT SMITH AND
19 NORTHWEST ROADS WITH THE SOCCER COMMISSION FOR THE
20 DEVELOPMENT OF SOCCER FIELDS (AB95 -186)
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22 Starkenburg moved approval of all Consent Agenda Items.
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?4 Nelson moved to remove Items 3 and 4.
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26 Motion carried unanimously.
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28 Nelson moved to amend Items 3 and 4 by changing the limit to ten (10) years instead
29 of 25 years.
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31 There was discussion on the motion.
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33 Henderson moved that Items 3 and 4 be held in Finance & Administrative Services
34 Committee until April 25, 1995.
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36 Motion carried 5 -2 with Starkenburg and Imhof opposed.
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38 PUBLIC HEARINGS
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40 1. ORDINANCE AMENDING THE MAP AND TEXT OF THE BIRCH BAY -
41 BLAINE SUBAREA TO INCORPORATE THE LIGHT IMPACT INDUSTRIAL
42 ZONE DISTRICT AND TO REDESIGNATE APPROXIMATELY 440 ACRES
43 FROM RURAL ONE UNIT PER TEN ACRES (R10A) TO LIGHT IMPACT
44 INDUSTRIAL (LII) (AB95 -170)
Regular Council Minutes, 4/11/95, Page 2
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Council members very briefly spoke first on this issue.
Imhof opened the public hearing, and the following people spoke:
Dan Gibson, Prosecutor, explained that the audience could not see due to the signs
of the others in the audience expressing their view regarding this matter.
Phil Serka, attorney: Handed out various letters regarding the rezone; represents
eleven property owners; requested Council to support Planning Department's
recommendations
John Hruby, 7401 Valley View Rd., Ferndale: Represents the Custer Citizens Group;
requested Council to oppose rezone
Imhof requested that the audience hold their applause until after all have spoken.
Cheryl Read, 2234 Seamont Drive, Ferndale: Opposed rezone
Robert Carmichael, 1700 D Street, represents Custer citizens: Opposed rezone
Dana Feldmann, 3161 Arnie Road, Custer: Opposed rezone
Randy Polley, 2957 Creasey Road, Custer: Opposed rezone
Joan Creasey, 7650 -4th Street, Custer: Opposed rezone
Aryn Whitewolf, 3224 Bay Road, Ferndale: Opposed rezone
Shana Feldman, 3161 Arnie Road, Custer: Opposed rezone
Jean Freestone, 3200 Vallette Street: Supported rezone
Roy Ingham, 2721 Russell Street, Bellingham: Reminded the Council of the vision
of the people of Whatcom count
Marie Bartley, 3493 Birch Bay - Lynden Rd.: Supported rezone
Aloys Ebe, 2976 Main Street, Custer: Opposed rezone
Bill Henshaw, 2653 N. Park Drive, Bellingham: Supported rezone
Catherine Dunbar, 8528 Custer School Road, Custer: Opposed rezone
Bob Tull, 2480 Heights Drive, Ferndale: Supported rezone
Lora Strobal, 5337 Elder Rd., Ferndale: Opposed rezone
Ernest Dill, 3127 Bay Road, Custer: Opposed rezone
Chris Smith, 8528 Custer School Road, Custer: Opposed rezone
Kenneth Grosick, 1333 Lincoln St., Grosick Foreign Trade: Opposed rezone
Sharon Wolters, 7472 Valley View Road, Ferndale, Sardis Wildlife Center: Opposed
rezone
Eric Romburg, Holland, TX: Supported rezone
Nonabelle Martin, 1254 Northwind Circle: Supported rezone
Ruth Creasey, 2950 Creasey Road: Opposed rezone
Brandon Hall, 2581 Birch Bay - Lynden Road: Requested Council to examine soil
Yvonne Goldsmith, 5840 Church Road, Ferndale: Supported rezone
Tina Locker, 1736 Matz Road: Opposed rezone
Charles Wilder, 7931 Valley View Road: Opposed rezone
Cynthia Lockhart, 932 Chuckanut Dr.:' Opposed rezone
Regular Council Minutes, 4/11/95, Page 3
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(Clerk's Note. Council took a 10 minute break)
Bob Wiesen, 3314 Douglas Road, Ferndale: Supported rezone
Win Wilson, 3015 Arnie Rd., Custer: Opposed rezone
Veronica McLane, 7169 Everett Rd., Custer: Opposed rezone
Mike Brennen, Bellingham Chamber of Commerce: Supported rezone
Louis Leclezio, 10021 NE 16th Place, Bellevue: Supported rezone
Jake Creasey, 7650 -4th Street, Custer: Opposed rezone
Dawn Svedin, 7863 Blaine Road: Supported rezone
Carla Freeman, 8034 Oak Valley Rd.: Opposed rezone
Julie Hedequist, 1725 Northeast 40th Street, Redmond: Supported rezone
Mark Nelson, Mt. Baker Highway: Supported rezone
Michael Freestone: 3200 Vallette, Bellingham: Supported rezone
Edna Wilson, 3015 Arnie Road: Opposed rezone
Bill Geyer, 1008 -16th Street, Cutter Pacific: Supported rezone
Jack Hills, 2983 Vista Drive, Ferndale: Supported rezone
Linda Robson, 7670 Valley View Road, Custer: Opposed rezone
Albert Medeas, 3451 Arnie Road, Custer: Supported rezone
Louis Lecclezio Jr., 10021 N.E. 16th Place, Bellevue: Supported rezone
Jim Trull, 7497 W. Mercer, Mercer Island: Supported rezone
Mike Locker, 1736 Matz Rd.: Opposed rezone
Maurice Knight, 2720 -34th Street, Puyallup: Supported rezone
Donald Scott, 3426 Bay Rd., Custer: Opposed rezone
Art Furman, 8340 Valley View Road: Opposed rezone
Dot Nichols, 6415 Vista Drive, Ferndale: Opposed rezone
Theresa Hayes, 8165 Birch Terrace Place: Opposed rezone
Gordon Hart, 8436 Midland Road, Bellevue: Supported rezone
Phil Westfall, 4725 Wynn Road: Supported rezone
Ruth Trull, 7497 W. Mercer, Mercer Island: Supported rezone
Hal Cooper, 11715 NE 145th Street, Kirkland: Supported rezone
Eric Howell, 4137 Bay Road: Opposed rezone
Hugh Locker, 3163 Valley View Road: Oppose rezone
The hearing was closed.
Nelson moved to postpone this item for two weeks until the April 25 meeting.
Imhof requested that written comment be open until Tuesday, April 18, 1995.
Dan Gibson, Prosecutor, responded to a question regarding more information from
landowners by stating that any requested information to the landowner .be made known to
all in order that everyone can respond on the record to that question.
Regular Council Minutes, 4/11/95, Page 4
Henderson moved to table this item for two weeks with written comment open until
Tuesday, April 18, 1995.
Motion carried 6 -1 with Brenner opposed.
2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM RURAL ONE UNIT PER TEN ACRES (R 10A) TO LIGHT IMPACT
INDUSTRIAL (LII) FOR APPROXIMATELY 440 ACRES (AB95 -170A)
Imhof announced this item is a part of and includes Item 1 above.
3. PETITION FOR VACATION OF A PORTION OF COUNTY ROAD NO. 405 BY
ROBERT M. AND ROSEANNE OTTERSON (AB95 -147) (RECEIVED AT
3/14/95 COUNCIL MEETING)
Ed Henken, Engineering, addressed the Council with a staff report.
Imhof opened the public hearing, and the following person spoke:
Phil Serka, Attorney for the Ottersons
The public hearing was closed.
Brenner moved approval with no compensation.
Motion carried unanimously.
4. PETITION FOR VACATION OF A PORTION OF THE OLD HANNEGAN
ROAD, AKA ALEXANDER HAMILTON ROAD, BY WILDER COMPANY
(AB95 -148) (RECEIVED AT 3/14/95 COUNCIL MEETING)
Ed Henken, Engineering, gave a staff report.
Imhof opened the public hearing.
Hearing no one, the public hearing was closed.
Dawson moved approval with no compensation.
Motion carried unanimously.
Regular Council Minutes, 4/11/95, Page 5
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OTHER ITEMS
BID AWARD RECOMMENDATION FOR TWO TEN -YARD DUMP
TRUCKS TO THE LOW BIDDER, MOTOR TRUCKS, INC., FOR A
TOTAL OF $186,346.68, INCLUDING SALES TAX (AB95 -161) (FROM
3/28)
Starkenburg reported for Finance & Administrative Services Committee and moved
to approve the two ten -yard dump trucks. He reported that there will be a reduction of
four (4) ten -yard dump trucks in the total fleet and on -going discussions will be included as
part of the business plan.
Motion carried 6 -1 with Imhof opposed.
2. DISCUSSION REGRADING DISPOSAL OF TOXICS FACILITY (DOT)
(AB95 -017A) (FROM 3/28)
Brenner reported for Public Works & Capital Projects Committee and moved to
direct Administration to negotiate with the Port of Bellingham for land purchase.
Motion carried unanimously.
3. DISCUSSION AND POSSIBLE ACTION ON THE ISSUE OF SECURITY
AT THE WHATCOM COUNTY COURTHOUSE (AB95 -153) (FROM
3/28)
Brenner reported for Public Works and Capital Projects Committe and noted this
item was held in Committee for two weeks until April 25, 1995. However, some direction
was given to Sheriff Brandland, and N.F. Jackson, Superior Court Clerk.
4. ORDINANCE CONVERTING ACCESSORY DWELLINGS FROM
CONDITIONAL USES TO ADMINISTRATIVE APPROVAL USES,
MODIFYING THE REQUIREMENTS FOR LAKE WHATCOM AND
LUMMI ISLAND, CREATING AN ADMINISTRATIVE APPROVAL
SECTION FOR THE RESORT - COMMERCIAL ZONE, AND
MODIFYING THE REQUIREMENTS OF ADMINISTRATIVE
APPROVALS (AB95 -098) (FROM 3/28)
Nelson reported for Planning & Development Committee and moved approval of the
ordinance.
Nelson moved to amend as follows: on page 154, lines 29 and 31, change the square
footage from 1,000 to 1,300.
Regular Council Minutes, 4/11/95, Page 6
Motion carried 4 -3 with Harris, Henderson and Imhof opposed.
Nelson moved to amend by adding language on page 155, line 29: ' %om
c =;:4s" This language included deleting "prohibited" and
:.....g P
insert "allowed ", page -.1" 55, line 18, and deleting "except ", page 155, line 19.
Motion carried unanimously.
Nelson moved to amend by deleting, page 157 lines 16 -19; the last sentence to remain
Motion carried 6 -1 with Harris opposed.
Nelson moved to approve the ordinance as amended.
Harris moved to table this as an "accessory housing ordinance" and have it
reconsidered as an "administrative permitting housing ordinance."
Motion failed 1 -6 with Harris in favor.
Henderson moved to amend the ordinance to add a sunset date of April 10, 2000.
Motion failed 5 -2 with Henderson and Imhof in favor.
Nelson moved to approve the ordinance as amended.
Motion carried 4 -3 with Henderson, Imhof and Harris opposed.
5. RESOLUTION TO LEASE COUNTY -OWNED PROPERTY TO THE
OPPORTUNITY COUNCIL FOR LOW- INCOME HOUSING (AB95 -050A)
(FROM 2/14)
Dawson moved the following:
Regular Council Minutes, 4/11/95, Page 7
Motion carried unanimously.
6. ORDINANCE REGARDING ETHICS AND CONFLICT OF INTEREST
RULES AND PROCEDURES FOR BOARDS AND COMMISSIONS
(AB95 -079) (FROM 2/28)
This item was withdrawn.
7. CONCURRENT REAPPOINTMENT OF ANNE ROSE TO A SECOND
TERM ON THE WHATCOM COUNTY HOUSING AUTHORITY, TERM
TO EXPIRE ON APRIL 18, 2000 (AB95 -187)
Imhof moved approval.
Motion carried unanimously.
8. AN EMERGENCY ORDINANCE ADOPTING CRITICAL AREAS
REGULATIONS FOR SIXTY DAYS (AB95 -189) (PLEASE SEE NOTE ON
THE LAST PAGE OF THE AGENDA PACKET)
Harris moved approval of the emergency ordinance.
Dan Gibson reported on the language of this Emergency Ordinance.
Motion carried 6 -1 with Harris opposed.
INTRODUCTION ITEMS
Brenner moved approval of the Introduction Items.
Motion carried unanimously.
1. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION
ON HEARING EXAMINER FILE NO. 94-0012 FILED BY ROD GRABER
(AB94 -569) .
2. RECEIPT OF PETITION FOR THE VACATION OF PORTIONS OF
SEHOME AVENUE, MORTON STREET AND UNNAMED ALLEY IN
FENTON'S SUBDIVISION FILED BY GREGORY AMMERMAN, ET. AL
(AB95 -135)
3. REQUEST BY MARGARET CURTIS, P.E., (FOR P.J. MURRAY - JONES)
FOR A ONE YEAR EXTENSION OF PRELIMINARY PLAT APPROVAL
(AB95 -190) (HEARING TO BE SCHEDULED)
Regular Council Minutes, 4/11/95, Page 8
4. REQUEST BY HARRY P. JONES, P.E. (FOR SKEERS AND UY
CONSTRUCTION CO.) FOR A ONE YEAR EXTENSION OF
PRELIMINARY PLAT APPROVAL (AB95 -191) (HEARING TO BE
SCHEDULED)
5. REQUEST BY NELSON SCALBANIA (GULFVIEW ESTATES) FOR A
ONE YEAR EXTENSION OF PRELIMINARY PLAT APPROVAL (AB95-
192) (HEARING TO BE SCHEDULED)
6. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 3 (AB95-
188)
7. AN ORDINANCE AMENDING ORDINANCE 95 -016, ADOPTING CRITICAL
AREAS REGULATIONS (AB95 -189A) (PLEASE SEE NOTE ON THE LAST
PAGE OF THE AGENDA PACKET)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Special Presentation by Department of Revenue to Examine Appraisal Efforts
(AB94 -584): Starkenburg reported on a report from Keith Willnauer. The Executive was
requested to follow through with this.
► Dawson would like to form a liaison committee with the Lummi Nation and
presented a letter to send.
Dawson moved to approve a letter in concept.
Starkenburg moved to give Dawson approval to carry a draft letter forward for
further discussions with the tribe regarding the language. They are to reply to the Council,
and the Council will then act on a final letter.
Henderson moved to move this item to Committee for further discussion.
Motion to approve a letter in concept carried unanimously.
"Due 0
The meeting was adjourned at 11:45 p.m.
/aWbwo
Nadean Hanson, Recording Secretary
Regular Council Minutes, 4/11/95, Page 9
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These minutes were approved by the Council on A,1,,,--I- 15 1995.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Robert Tmhof, Council Chair
Regular Council Minutes, 4/11/95, Page 10