HomeMy WebLinkAboutCouncil December 6 19941 WHATCOM COUNTY COUNCIL
? Regular Council Meeting
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4 December 6, 1994
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6 The meeting was called to order at 7:08 p.m. by Council Chair Bob Imhof in the
7 Council Chambers, 311 Grand Avenue.
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9 Also Present: Absent:
10 Barbara Brenner None
11 Marlene Dawson
12 Alvin Starkenburg
13 Larry Harris
14 Ken Henderson
15 Ward Nelson
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17 APPROVAL OF MINUTES
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19 Approval of minutes of the August 2 & 9, September 6, 13, & 27, October 4, 11,
20 & 25, and November 15 regular council meetings, and the October 26 special meeting.
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22 Nelson moved approval of the minutes.
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I Motion carried unanimously.
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26 PUBLIC HEARINGS
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28 1. AN ORDINANCE AMENDING THE URBAN FRINGE SUBAREA
29 COMPREHENSIVE PLAN MAP AND THE OFFICIAL WHATCOM
30 COUNTY ZONING MAP FROM TOURIST COMMERCIAL TO
31 GATEWAY INDUSTRIAL FOR APPROXIMATELY 23 ACRES AND
32 FROM URBAN RESIDENTIAL MEDIUM DENSITY 18 DWELLING
33 UNITS PER ACRE TO GATEWAY INDUSTRIAL FOR
34 APPROXIMATELY 7 ACRES (AB94 -313) (FROM 11/8/94)
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36 Carl Batchelor of the Planning Division made a short presentation to the Council
37 on this issue.
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39 The hearing was opened.
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41 Imhof announced that attorneys Bob Tull and Roger Ellingson, representing
42 opposite sides of the issue, would have five minutes each to address the Council; other
43 people speaking during the hearing would be granted three minutes.
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Regular Council Minutes, 12/6/94, Page 1
1 Bob Tull, attorney for the proponents (distributed some paperwork to the
2 Council- -Clerk did not receive a copy)
3 George Wiseby, West Maplewood
4 Robert Ryan, representative for the Birchwood Neighborhood Association
5 Juliah Price, Cherrywood Avenue
6 Jeff Baglio, McLeod Road (also spoke to the Human Rights Task Force
7 resolution decision (AB94 -532)
8 Unidentified man
9 Karen Nelson, 3201 McLeod Road
10 Tony Emley, 2946 West Maplewood
11 Pat Anderson, associate planner with the City of Bellingham
12 Roger Ellingson, attorney for the Birchwood Neighborhood Association
13 (distributed'paperwork, on file)
14 Bob Tull
15 Roger Ellingson
16 Dan Gibson, Civil Deputy Prosecutor
17 Bob Tull
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19 The hearing was closed.
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21 Nelson moved to adopt the ordinance.
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23 Brenner moved to amend the ordinance to include the provision that building size
14 in this contract rezone limited to 10,000 square feet.
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26 Harris suggested rewording the motion to indicate an amendment to line 11 on
27 page 3 to read as follows: "a. a project utilizing the Planned Unit Development.--.`-.'
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29 line 17 on that same page read as follows: Section 3. This ordinance shall not take
30 effect until a concomitant rezone agreement . < 1u ; ...;.; #`4T
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31t, in a form approved by the Prosecuting Attorney, has executed by the
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32 property owner and recorded by the Whatcom County Auditor. Brenner accepted that
33 wording as a substitution for her motion to amend.
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35 Motion to amend failed 3 -4 with Harris, Brenner and Henderson in favor.
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37 Henderson moved to amend the ordinance by striking all sections of the rezone
38 applicable to the URM -18 property.
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40 Motion to amend carried 6 -1 with Nelson opposed.
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42 Henderson moved to amend on page 69 of the packet (page 3 of the proposed
43 ordinance), line 11, so that it reads as follows: "a. a project utilizing the Planned Unit
44 Development procedures will be used to determine individual shop size limitations."
Regular Council Minutes, 12/6/94, Page 2
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Motion to amend carried unanimously.
Henderson moved to amend on page 2 of the ordinance to read as follows: After
holding a public hearing, the County Council concluded that the modification of
proposed rezone is appropriate because of changed conditions in the area, the
inappropriateness of the Tourist Commercial emd Ur-bea Residential Medium Density
zoning,
Plan update pr-eeess.
Motion to amend carried unanimously.
Motion to adopt the ordinance as amended carried 6 -1 with Harris opposed.
2. ORDINANCE AMENDING SEWAGE CONTROL RULES AND
REGULATIONS (AB94 -581)
Bob Kloc of the Health Department made a short presentation to the Council.
Chris Chesson of the Health Department also spoke.
The hearing was opened.
Jon Sitkin, attorney appointed by Prosecutor Dave McEachran to serve as special
counsel for the Health Department. A.J. Gould, Samish Drive, also spoke.
The hearing was closed.
Harris moved that the ordinance be adopted.
Nelson moved to refer the ordinance to the Public Services and Solid Waste
Committee for December 13.
Motion to refer carried unanimously.
OTHER ITEMS
1. CONSIDERATION OF APPEAL OF THE HEARING EXAMINER'S
DECISION ON GEORGIA PACIFIC LANDFILL (CUP90 -73), FILED
BY GEORGIA PACIFIC CORPORATION (AB94 -471) (FROM 11/8)
Harris moved that the Hearing Examiner's decision be upheld.
Motion carried unanimously.
Regular Council Minutes, 12/6/94, Page 3
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2. CONSIDERATION OF THE APPEAL OF THE HEARING
EXAMINER'S DECISION ON LILY POINT PUD /CUP (CUP91- 0042),
FILED BY RESOURCE MANAGEMENT GROUP AND THE LUMMI
INDIAN NATION (AB94 -343A)
Brenner moved to uphold the Hearing Examiner's decision with the condition that
there will be no development occurring at all within 200 feet of the ordinary mean high
water mark.
Motion carried unanimously.
3. ORDINANCE AMENDING ORDINANCE 94 -067 (THE
STORTEBOOM CONTRACT REZONE) (AB94 -547A)
Nelson moved to adopt the ordinance.
Motion carried unanimously.
4. TRANSPORTATION SERVICES REQUESTS CONCURRENCE OF
APPROVAL OF CHANGE ORDER NO. 1 TO WHATCOM COUNTY
CONTRACT NO. 9409010 WITH JIJ CORPORATION TO
CONSTRUCT HORTON ROAD DETENTION FACILITY.
(AB94 -468A)
Starkenburg moved to approve the change order.
Motion carried unanimously.
INTRODUCTION ITEMS
RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION TO
DECLINE JURISDICTION OVER AN APPEAL OF A LAND
DISTURBANCE ORDINANCE MATTER, FILED BY MARK
WEINBERG (AB94 -462)
2. RECEIPT OF APPEAL OF PLANNING AND DEVELOPMENT
SERVICES DEPARTMENT'S IMPOSITION OF PENALTIES UNDER
THE LAND DISTURBANCE ORDINANCE, FILED BY MARK
WEINBERG (AB94 -462A)
3. PETITION TO VACATE A PORTION OF COUNTY ROAD #385,
FILED BY MICHAEL R. WHITFIELD, ET. AL. (AB94 -582)
Nelson moved acceptance of the Introduction Items.
Regular Council Minutes, 12/6/94, Page 4
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Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Shellfish Protection District (AB94- 556A): Harris reported that the Drayton
Harbor Advisory Committee met and that the lead agency to form the shellfish
protection district will be the Council of Governments (COG). COG will be making a
special presentation.
Mount Baker Theatre Project Request (AB94 -589): The next supplemental
budget for 1995 is $25,000 for the hotel -motel tax for the Mt. Baker Theeatre, which was
requested by Mary Vanderpol.
Imhof moved to request the Executive to include in the next supplemental budget
for action in 1995 $25,000 from the hotel -motel tax to be put toward the Mt. Baker
Theatre.
Motion carried unanimously.
There being no other business, the meeting was adjourned at 9:30 p.m.
kakfona Reeves, Recording Secretary
These minutes were approved
ATTEST:
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33 �'_R a Reeves, a Council
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on February 28, 1995 by the Council.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
�QJ,4:Lb
Rob rt Imhof, Council hair
Regular Council Minutes, 12/6/94, Page 5