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HomeMy WebLinkAboutCouncil June 7 1994WHATCOM COUNTY COUNCIL Regular Council Meeting June 7, 1994 The meeting was called to order at 7 p.m. by Council Chair Robert Imhof in the Council Chambers, 311 Grand Avenue. Also Present: Absent: Marlene Dawson None Barbara Brenner Alvin Starkenburg Larry Harris Ken Henderson Ward Nelson ANNOUNCEMENTS 1. Item 4 under "Other Items" is being postponed for a later date. SPECIAL PRESENTATIONS 1. GROWTH MANAGEMENT ACT CITIZENS' COMMITTEE: DESIGN COMMITTEE REPORT (AB94 -296) goals. Nodje King of the Committee gave a brief overview of the committee work and Bob Ross reported on the physical design major topics, of which there are eight: - places and focal points - rural identity - urban growth areas of planned and unplanned development - enhancement of existing hamlet communities - gateways, corridors and connections - physical edges and transitions of parts of our county - natural resources - sustainability of natural and human resources Bob Anderson spoke on comprehensive planning and education versus legislation. 2. GROWTH MANAGEMENT ACT CITIZENS' COMMITTEE: SURFACE MINING ADVISORY COMMITTEE REPORT (AB94 -297) Loren Sperry, Surface Mining Advisory Committee (SMAC), reported on the make up of the Committee and some of the activities, such as tours of the county areas to see various mining sights. Regular Council Minutes, 6/7/94, Page 1 Lesa Starkenburg reported that designation will be the next topic that the Committee deals with. Criteria for designation of sights will be forthcoming. The final product will be submitted to the Coordinating Committee, to the Planning Commission and then to the Council. It is anticipated to be completed by July 1. OPEN. SESSION (20 MINUTES) Rita Foley, 3878 Blue Canyon Road: Logging on Brannan Plat (AB94 -324). Ken Henderson suggested that Nate Brown be requested by Planning Committee Chair to attend the next meeting to discuss this issue. Jossely Winslow, 433 -17th Street, Bellingham: Human Services Department reorganization (AB94 -257). Kurt Dessaurer, Community Action for the Disabled: Human Services Department reorganization (AB94 -257). Ken Henderson, Council Member: Pacific Long Term Care Demonstration Proposal (AB94 -304). Dave Bader, disposal of incinerator ash (AB94 -312). CONSENT AGENDA Items under this section of the agenda may be considered in a single motion. Council members have received and studied background material on all items. Committee review has taken place. Any member of the public, administrative staff, or council may ask that an item be considered separately. No consent agenda items are scheduled for this meeting. PUBLIC HEARINGS Any member of the audience may speak to the particular item under consideration by the Council after the hearing is opened. Before beginning to comment speaker should state his /her name and address, for the record. 1. PETITION FOR THE VACATION OF A PORTION OF VALLETTE STREET, FILED BY STEPHEN P. KEMPSTON & JULIE A. NICHOLSON, ET AL. (AB94 -200) Ed Henken, Engineer, reported that the petitioner requests that this hearing be kept open until June 28. The Engineer is going to recommend denial. There are conditions that may negate the old law. The hearing will be held open until June 28. 2. PETITION FOR VACATION OF A 60 -FOOT RIGHT -OF -WAY IN THE PLAT OF BRANNIAN'S LAKE SHORE PLAT (AB94 -101) Ed Henken, Engineer, reported and recommended support. Rita Foley, Blue Canyon Road: This is the same property as she discussed in open session. She strongly objects. Regular Council Minutes, 6/7/94, Page 2 Bill Brannian, 3846 South Bay Drive. The property sold in July 1992. He had nothing to do with the sale of the property and explained that the reason for this is for him to put in a driveway to his home rather than a county road. Pamela Andrews, 3838 South Bay Drive, stated that her intentional use was as a treed buffer area. Lois Garlic, 297 Chuckanut Point Road, suggests that County look into permits for houses on the property. Recommends denial. Brenner wants more information from Nate Brown. Henderson is not opposed to vacating if conditions placed on it would protect the watershed. Brenner moved to put it in Public Services and Solid Waste Committee. Starkenburg asked Brannian asked if the information given earlier was on lot 23. He feels comfortable with approval if conditions are applied to leave as a buffer. 75'. Brannan reported that the lots are 21, 22 and 23; they were 50' lots and now are The motion carried unanimously. OTHER ITEMS (Council action may be taken) 1. REQUEST FOR AUTHORIZATION TO SEND A LETTER REGARDING WASHINGTON STATE'S CURRENT INCINERATOR ASH PROGRAM (AB94 -312) Imhof reported that the Supreme . Court decision has put us in a bind and the Department of Ecology didn't have the authority to exempt the incinerator ash. Imhof has prepared a draft letter to all Washington D.C. legislators. Imhof moved to send a letter to all Washington State representatives. Brenner moved to change the word "investment" to "involvement in a" on line 3, page 1. The sentence would then read "The Whatcom County Council writes to urge you to protect its involvement in a fully integrated solid waste management program and planning." The amended motion carried unanimously. 2. ANNUAL REVIEW OF WHATCOM COUNTY FERRY RATES (AS REQUIRED BY ORDINANCE 89 -103) (AB94 -295) Regular Council Minutes, 6/7/94, Page 3 Jeff Monsen, Transportation Services: rates are appropriate as they are. Earl Jewell, 3805 Centerview, Lummi Island: operating costs and revenue have both increased. 3. REQUEST. FOR ACCEPTANCE OF PETITIONER'S BOND RELATING TO THE FORMATION OF AN IRRIGATION DISTRICT (WHATCOM AGRICULTURAL WATER DISTRICT) (AB94 -273A) Dan Gibson, Senior Deputy Prosecuting Attorney: He reminded Council that the issue is only acceptance of the bond and explained that the bond is required by law to cover the cost of setting up the district. A special election would drastically affect the cost. Starkenburg is concerned about the process for public input. Bob Woods explained . the general process for setting up special districts. Brenner moved to put this into Finance Committee for further discussion. The motion carried unanimously. The Clerk is to write to the Auditor and the Assessor to determine costs of a special election. 4. REQUEST TO AMEND THE URBAN FRINGE SUBAREA COMPREHENSIVE PLAN MAP AND THE OFFICIAL ZONING MAP FROM TOURIST COMMERCIAL TO GENERAL COMMERCIAL FOR APPROXIMATELY 29 ACRES AND FROM URBAN RESIDENTIAL MEDIUM DENSITY/ 18 DWELLING UNITS PER ACRE TO GENERAL COMMERCIAL FOR APPROXIMATELY SIX ACRES (AB94 -313) This item is being held until the 6/14 Planning & Development Committee and Council. 5. RESOLUTION ADOPTING RECOMMENDATIONS FOR 1994 A -K OPEN SPACE /OPEN SPACE AND OPEN SPACE /TIMBER APPLICATIONS (AB94- 314) Dan Taylor reported that this needs to be acted on tonight because it needs to get on the Assessor's tax roles. The Planning Commission recommends approval of all except McEwen and Abell. Harris moved to adopt the recommendation of the Planning Commission. The motion carried unanimously. Regular Council Minutes, 6/7/94, Page 4 6. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED DECISION FOR THE PLANNED UNIT DEVELOPMENT APPLICATION' BY THE SEMIAHMOO COMPANY FOR "WEST SEMIAHMOO" (PUD 92 -0001) (AB94 -315) Woods reported that Council either needs to set a hearing or make a decision by June 22. Brenner moved to set a date for a public hearing as soon as possible. The motion carried '6 -1 with Imhof opposed 7. NOMINATION OF SOMEONE TO REPLACE LARRY HARRIS AS THE PUBLIC SECTOR REPRESENTATIVE ON THE OPPORTUNITY COUNCIL BOARD OF DIRECTORS (APPOINTMENT MAY BE MADE AT THIS MEETING IF COUNCIL VOTES TO SUSPEND THE RULES) (AB94 -238) (HELD OVER FROM 5/10/94 MEETING) Henderson moved to nominate Dawson. Motion carried unanimously. INTRODUCTION ITEMS (Council action will not be taken) The Council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time. No new items were introduced. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS The next Council meetings will be at 7 p.m. Tuesdays, June 14 and June 28, 1994 in the Council Chambers, 311 Grand Avenue. There will be a special meeting on June 21. Council Member Handbook (AB94 -358): The Clerk will prepare this. It is to be accepted by resolution. Lummi Sign on Public Roadway re: Tribal Property (AB94 -359): Dawson will look into legalities of asking to have it removed. Human Services Department Reorganization (AB94 -257): The Council needs to be more aggressive in this matter. Beacon Studio (AB94 -360): Re: a pornography studio leasing space from the Beacon Studio to set up business here. Water Resources Committee, 11 a.m., 6/14: Briefing on Nooksack Water User's Steering Committee. Council Members were encouraged to attend as actions will have great monetary impact. Regular Council Minutes, 6/7/94, Page 5 Rushing Contract (AB94- 115B): The date and time of discussion with the state auditor is to be held on June 21 from 5 -6 p.m. Flow Control (AB94 -222): Dan Gibson suggests taking matter up with administration. He is seeking direction from Council. Imhof will contact Executive; Brenner wishes to be included. Budget Retreat (AB94 -269): This will take place two weeks from tonight. The Blue Ribbon Panel will wrap up their report tomorrow. A joint meeting will be held with Bellingham, Water District 10 and Whatcom County in mid -July, with a watershed tour possibly on July 16. Imhof requests that issues relating to the budget retreat get to Imhof a few days before the retreat. Stakenburg asked that issues relating to the budget retreat be given to Bob Woods or himself as soon as possible. Pacific Long Term Care Demonstration Proposal (AB94 -304): It was to be scheduled for June 21 but now will be scheduled another day. OTHER BUSINESS None. ADJOURN The meeting was adjourned at 9:15. Respectfully submitted, 0J,J,474'' g,� Eli beth Bennett, Transcriptionist These minutes were approved by the Council on July 12 , 1994. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Regular Council Minutes, 6/7/94, Page 6