HomeMy WebLinkAboutCouncil April 25 1995WHATCOM COUNTY COUNCIL
Regular Council Meeting
April 25, 1995
The meeting was called to order at 7 p.m. by Chair Robert Imhof in the Council
Chambers, 311 Grand Avenue.
Also Present: Absent:
Barbara Brenner None
Marlene Dawson
Larry Harris
Alvin Starkenburg
Ward Nelson
Ken Henderson
ANNOUNCEMENTS
--- Imhof moved the Council follow the recommendation as stated in executive session
to continue in the litigation matter.
Motion carried 5 -2 with Brenner and Henderson opposed.
-r A certificate of appreciation was presented to Bill Schaeffer, Noxious Weed Board
(AB95 -194). (Ray Fann accepted the certificate for Mr. Schaeffer.)
OPEN SESSION
The following people spoke:
Rita Foley, South Lake Whatcom: Critical Area Ordinance (AB95 -189A)
Ed Nikula, Chief Financial Officer, Sanitary Service: Rate Reduction
Larry McCarter, President, RDS: Ecological Impacts of RDS' Landfill (AB95 -132A)
Vin Kelly, 4300 Kansas Street, Bellingham: Recomp Contract (AB95 -132A)
Regular Council Minutes, 4/25/95, Page 1
1 CONSENT AGENDA
2
3 1. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
4 INTO AN AGREEMENT WITH CATHOLIC COMMUNITY SERVICES
5 NW FOR CHILDREN'S MENTAL HEALTH RESPITE SERVICES FOR $419214
6 (AB95 -203)
7
8 2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
9 INTO AN AGREEMENT WITH ST. JOSEPH RECOVERY CENTER FOR
10 $76,312 FOR 1995 (AB95 -204)
11
12 3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
13 INTO AN AGREEMENT WITH OSPREY ENVIRONMENTAL
14 SERVICES, INC., FOR $42,500 FOR PREPARING A MASTER PLAN
15 FOR CHUCKANUT MOUNTAIN (AB95 -205)
16
17 4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
18 INTO A CONTRACT WITH THE JUVENILE JUSTICE ADVISORY
19 COMMITTEE FOR A GRANT FOR THE BEST SELF SUMMER
20 PROGRAM FOR $25,800 (AB95 -206)
21
22 5. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT 995001 AND
23 AWARD OF BID FOR WIDENING AND STRUCTURAL OVERLAY OF
24 WEST AXTON ROAD - FERNDALE CITY LIMITS TO NORTHWEST
25 DRIVE TO THE LOW BIDDER, WHATCOM BUILDERS, INC., FOR
26 $2119656.75 (AB95 -211)
27
28 Starkenburg moved to approve all five items.
29
30 Motion carried unanimously.
31
32 PUBLIC HEARINGS
33
34 1. RESOLUTION TO SELL SURPLUS PROPERTY (SHERIFF VEHICLES)
35 (AB95 -165A)
36
37 Imhof opened the public hearing, and the following people spoke:
38
39 Deanne Sandell, Chief Deputy, Sheriffs Department, explained the option of selling
40 the cars to Russia
41 Dan Gibson spoke on the intergovernmental sales with Russia
42 Deb Logan, City Cab, 952 North State: Requests the cars be sold in public auction
43 Warren Laing, Fleet Manager
44
Regular Council Minutes, 4/25/95, Page 2
Hearing no one else, the hearing was closed.
Dawson moved to approve the sale of the surplus properties.
Nelson moved to amend the motion to strike the 1991 vehicles to allow negotiations
with City Cab and open up the bid with a minimum bid within the local community.
The Sheriff's Department will arrive at a price negotiable with Russia that would
become the minimum bid price set for the public.
Henderson moved to table this matter to Finance & Administrative Services
Committee for the meeting of May 9, 1995.
Motion carried unanimously.
2. ORDINANCE AMENDING ORDINANCE 95 -016 ADOPTING CRITICAL
AREAS REGULATIONS (AB95 -189A) (PUBLIC INPUT MAY BE RESTRICTED
TO MDNS LANGUAGE)
Imhof opened the public hearing, and the following people spoke:
Skip Richards, Bellingham: The MDNS language
Rita Foley, South Lake Whatcom: The importance of any size of stream and should
not be stricken without consideration
Jay Taber, Agent for the Whatcom and Washington. Environmental Council: The
process relating to the amendments before the Council
Hearing no one else, the hearing was closed.
Discussion followed from Council members.
Brenner moved to adopt the ordinance amending 95 -016 with the following
amendment: Under regulated wetland, delete Category IV, page 230, line 3 of Council
packet.
Motion carried 5 -2 with Harris and Henderson opposed.
Dawson moved to delete on page 223 under the definition of drainage ditches,
stfeafns.�'
Motion carried 4 -3 with Henderson, Harris and Imhof opposed.
Regular Council Minutes, 4/25/95, Page 3
Henderson moved the following amendment: On page 220, leave in the clause under
Agricultural activities, "activities which bring an area into agricultural use are not
agricultural activities."
Motion failed 3 -4 with Henderson, Harris and Imhof in favor.
Henderson moved to add under the definition for agricultural activities the word
"zoned" after the word "agricultural" in the first sentence, page 220.
Henderson withdrew his motion.
Henderson moved that the stricken Section 12.2.2 C on page 272, "Critical Seasonal
Use Areas ", should remain.
Motion failed 2 -5 with Henderson and Harris in favor.
Nelson moved to remove the 10 foot buffer requirement on page 267, Type 4 Water,
Section 10.5.3A Number 4.
Motion carried 5 -2 with Henderson and Harris opposed.
Scrivener's error noted on page 273, Item K: Remove "or fertilizer ".
Motion to adopt the ordinance as amended carried 5 -2 with Henderson and Harris
opposed.
3. REQUEST BY MARGARET CURTIS, P.E., (FOR P.J. MURRAY - JONES)
FOR A ONE YEAR EXTENSION OF PRELIMINARY PLAT APPROVAL
(AB95 -190)
Imhof opened the public hearing, and the following person spoke:
Jim Wilson, Wilson Engineering, representing the owner, Mr. Murray -Jones
Hearing no one else, the hearing was closed.
Dawson moved to approve the one -year extension of the plat approval.
Motion carried unanimously.
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)
Regular Council Minutes, 4/25/95, Page 4
1 Imhof opened the public hearing, and the following person spoke:
2
3 Pat Jones, Jones Engineers, representing the applicant.
4
5 Dawson moved approval of the preliminary plat approval.
6
7 Motion carried unanimously.
8
9 OTHER ITEMS
10
11 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.01 REGARDING
12 THE ADMINISTRATIVE DUTIES OF THE HEALTH OFFICER (AB94 -573)
13 (FROM 2/28/95)
14
15 Starkenburg reported for Finance & Administrative Services Committee and stated
16 this item was held in Committee for 90 days until the first meeting in June.
17
18 2. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 3 (AB95 -188)
19
20 Starkenburg reported for Finance and Administrative Services Committee and moved
21 approval of the ordinance amending the Budget request No. 3.
22
23 Motion carried unanimously.
24
25 3. RESOLUTION PRIORITIZING WHATCOM COUNTY PROJECTS FOR
26 WA -CERT GRANT APPLICATIONS (AB95 -201).
27
28 Starkenburg reported for Finance and Administrative Services Committee and stated
29 no one from Water District #18 was present at the Committee meeting. The Committee
30 took action on the second applicant, Whatcom County Convention Center & Visitors
31 Bureau, giving them priority one. If Acme was heard from this evening during the Council
32 meeting, then priority No. 2 would be given to District #18.
33
34 Dave Carpenter, Wilson Engineering, the engineers for Acme Water District #18,
35 spoke.
36
37 Nelson moved to approve the resolution.
38
39 Nelson moved to amend the resolution by stating that the Acme Water Association
40 project has first priority and the Convention Center & Visitors Bureau's tourism marketing
41 activities has second priority.
42
43 Motion carried unanimously.
44
Regular Council Minutes, 4/25/95, Page 5
1 4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
2 INTO A TWENTY -FIVE YEAR LEASE OF COUNTY LAND AT SMITH
3 AND NORTHWEST ROADS WITH THE BOYS AND GIRLS CLUB OF
4 WHATCOM COUNTY FOR THE DEVELOPMENT OF BASEBALL
5 FIELDS (AB95 -185) (FROM 4/11)
6
7 Starkenburg reported for Finance & Administrative Services Committee and moved
8 to approve the twenty -five year lease as stated.
9
10 Motion carried unanimously.
11
12 5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
13 INTO A TWENTY -FIVE YEAR LEASE OF COUNTY LAND AT SMITH
14 AND NORTHWEST ROADS WITH THE SOCCER COMMISSION FOR
15 THE DEVELOPMENT OF SOCCER FIELDS (AB95 -186) (FROM 4/11)
16
17 Starkenburg reported for Finance & Administrative Services Committee and moved
18 to approve the twenty -five year lease as stated.
19
20 Motion carried unanimously.
21
22 6. DISCUSSION AND POSSIBLE ACTION ON THE ISSUE OF SECURITY
23 AT THE WHATCOM COUNTY COURTHOUSE (AB95 -153) (FROM
24 4/11)
25
26 Brenner reported for the Public Works & Capital Projects Committee and stated this
27 item will be held in Committee.
28
29 7. DISCUSSION OF SPEED LIMIT REDUCTION ON DEAD -END
30 SECTION OF LINDSAY ROAD (AB95 -195) (NO ACTION TAKEN ON
31 THIS ITEM UNTIL AFTER AN ORDINANCE HAS BEEN DRAFTED
32 AND A HEARING HAS BEEN HELD)
Brenner reported for the Public Works & Capital Projects Committee and stated this
item is held in Committee until May 9, 1995.
8. DISCUSSION AND POSSIBLE ACTION ON MODIFICATIONS TO THE
CONTRACT BETWEEN THE FIRS BIBLE AND MISSIONARY
CONFERENCE CENTER AND WHATCOM COUNTY (FOR PROJECT
TO BE KNOWN AS ANDERSON LODGE) (AB94 -588)
42 Nelson reported for the Planning & Development Committee and moved to modify
43 the contract as stated between the Firs Bible and Missionary Conference Center and
44 Whatcom County as included in the language of page 176 of the packet.
Regular Council Minutes, 4/25/95, Page 6
Motion carried unanimously.
9. ORDINANCE AMENDING THE MAP AND TEXT OF THE BIRCH
BAY -BLAINE SUBAREA TO INCORPORATE THE LIGHT IMPACT
INDUSTRIAL ZONE DISTRICT AND TO REDESIGNATE
APPROXIMATELY 440 ACRES FROM RURAL ONE UNIT PER TEN
ACRES (R10A) TO LIGHT IMPACT INDUSTRIAL (LII) (AB95 -170)
(HELD FROM 4 -11)
Imhof moved for approval.
Imhof moved to delete in the language "and text" and also Exhibit B, which will be
included in the new Comprehensive Plan as it is developed.
Nelson moved to delete Findings Number 3, page 306 of packet: "The sails z�tne
prime agfietiltur-al soils and have development
Motion carried 4 -3 with Brenner, Harris and Henderson opposed.
Nelson moved to amend the substantial change of circumstances and substitute
Findings Number 3 for 3a through 3g.
Motion carried 4 -3 with Brenner, Henderson and Harris opposed.
Dan Gibson, Council's counsel and Prosecuting Attorney, noted changes needing to
be made: Strike "and text ", page 1, line 2; add " 2 ' page 1, line 8; strike lines 30 -31:
on page 2 under Findings Number 2, add "
A. ri€' ; strike Findings Number 12 in its
'; Conclusion (Number 2)), add after "constraints"
in Section 2, delete it in its entirety and renumber Section 3 to
emee with . Adjudication...'; the map on page 309
of the packet should be stricken as Exhibit A; and strike the text on page 309.
(Clerk's Note. The above changes address the language brought forward, according to
Counsel Dan Gibson.)
Imhof moved to approve the above changes.
Motion carried 5 -2 with Brenner and Harris opposed.
Regular Council Minutes, 4/25/95, Page 7
Motion to approve the ordinance as amended carried 4 -3 with Henderson, Harris and
Brenner opposed.
10. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
ZONING MAP FROM RURAL ONE UNIT PER TEN ACRES (R10A) TO
LIGHT IMPACT INDUSTRIAL (L I) FOR APPROXIMATELY 440
ACRES (AB95 -170A) (HELD FROM 4 -11)
Imhof moved to approve the ordinance with the appropriate amendments from the
previous ordinance being included.
Motion carried unanimously.
Imhof moved to approve the ordinance as amended.
Motion carried 4 -3 with Henderson, Harris and Brenner opposed.
11. DISCUSSION OF REPORT AND RECOMMENDATIONS ON SETTING
UP A REQUIRED SHELLFISH PROTECTION DISTRICT (AB95 -197)
Discussion was held. A work session will be scheduled, the date and time to be
announced.
12. ANNUAL APPOINTMENTS TO FILL VACANCIES ON THE OPEN
SPACE ADVISORY COMMITTEE (94 -587C)
Imhof opened the nominations.
Brenner moved to approve the nominations.
Nelson moved to close the nominations.
Motion carried unanimously.
Imhof moved to appoint the candidates by acclamation.
Motion carried unanimously.
13. RESOLUTION ESTABLISHING THE LAKE MANAGEMENT DISTRICT
NO. 1 ADVISORY COMMITTEE (AB95 -212)
(Imhof recessed the Council meeting and convened the Lake Management Board of
Supervisors.)
Regular Council Minutes, 4/25/95, Page 8
Brenner moved to approve the Resolution.
Henderson moved for the following amendment: On page 404, Item 3b, add at the
end of the sentence 104 .
Motion carried unanimously.
A roll call vote was requested by Henderson for the resolution.
Motion carried unanimously.
(Imhof adjourned the meeting of the Lake Management Board of Supervisors and
reconvened the regular Council meeting.)
INTRODUCTION ITEMS
Brenner moved to approve the Introduction Items.
Motion carried unanimously.
1. REQUEST FOR A TWO YEAR EXTENSION OF A MAJOR
DEVELOPMENT PERMIT, FILED BY NELSON SCALBANIA (AB95 -192)
(HEARING TO BE SCHEDULED)
2. ORDINANCE AMENDING THE 1995 BUDGET, REQUEST NO. 4
(AB95 -213)
3. ORDINANCE AUTHORIZING AN INTERFUND LOAN FOR THE
COURTHOUSE SETTLEMENT (AB95 -182A)
4. ORDINANCE REGARDING INSTALLING STOP SIGNS ON CERTAIN
COUNTY ROADS (WELLING ROAD AT MAGRATH ROAD) (AB95-
214) (HEARING TO BE SCHEDULED)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Bob Woods reminded Council about the Special Meeting on Friday, April 28, to
evaluate the Request For Proposals (providing consulting services regarding economic
impacts of Comprehensive Plan changes). The interviews are open to the public;
negotiations may go to executive session.
Regular Council Minutes, 4/25/95, Page 9
1 ADJOURN
2
3 The meeting was adjourned at 9:30 p.m.
4
5
6
8
9 Nadean Hanson, Recording Secretary
10
11 These minutes were approved by the Council on June 6 , 1995.
12
13 ATTEST:
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15
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18 =
19 wn- avis, -n ' le k
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Regular Council Minutes, 4/25/95, Page 10