HomeMy WebLinkAboutCouncil July 18 1995WHATCOM COUNTY COUNCIL
Regular Council Meeting
July 18, 1995
The meeting was called to order at 7:05 p.m. by Council Chair Robert Imhof in
the Council Chambers, 311 Grand Avenue.
Also Present:
Barbara Brenner
Marlene Dawson
Larry Harris
Alvin Starkenburg
Ward Nelson
ANNOUNCEMENTS
Absent:
Ken Henderson
Appeal of Hearing Examiner's decision, CUP 93 -0036 filed by David Barlean
(AB95 -063): Imhof moved to have the attorney draw up the conditions as instructed
during the Committee of the Whole meeting.
Motion carried 6 -0.
Appeal of Hearing Examiner's decision, CUP (APL95 -0011) filed by Point
Marketing: Imhof moved to overturn the Hearing Examiner's decision and remand it to
the Hearing Examiner for the conditional use permit process.
Motion carried 5 -1 with Harris opposed.
OPEN SESSION
The following people spoke at open session:
. Bob Andersen: 203 W. Holly, Suite 219: Proposed land clearing ordinance
(AB95 -309)
Jerry Schumm, 4068 Sucia Drive, Sandy Point, Ferndale: Dredging of Sandy Point
canal (AB95 -173) (handout)
Dennis Beaman, Ferndale: Sandy Point zoning and planning
Earl Baker, 4175 Sucia Drive, Sandy Point, Ferndale: Sandy Point property rights
Bill Arkell, 3604 Galliano Drive, Sandy Point: Tax dollars from Sandy Point
Harry Orr, 3678 Walder Drive, Sandy Point: County stop work order on Lummi
well (AB95 -272)
Mary Lou Orr, 3678 Walder Drive, Sandy Point: Sandy Point property rights
Judy Morris, 4337 Salt Springs Drive, Sandy Point: Portage Island (AB94 -277)
Regular Council Minutes, 7/18/95, Page 1
Gene Hanacek, 8601 Semiahmoo Drive: Beacon rezone (AB95 -110)
Wally Markwood, 5206 Guide Meridian: Median on Guide Meridian (AB95-
260A)
Mike Ross, 4759 Bay Road: Beacon extension (AB95 -110)
Kathy Sutter: Charter recommendations (AB95 -055A)
Claudia Holland, Blaine: Beacon extension (AB95 -110)
Roy Giles, Shields Road: Dog lost to Humane Society
Jon Sitkin, 1616 Cornwall Avenue: Beacon representative (AB95 -110)
Fred Nowicke, 4331 Berg Road, Everson: People need to speak up
Skip Richards, Nooksack Basin: Water for WA -CERT (AB95 -201)
Sandy Lankhaar, Guide Trading Post, 5673 Guide Meridian: Guide Meridian
median (AB95 -260A)
John Smith, 1801 - 2075 Camack St., Vancouver, Vice President of Beacon
Group: Beacon extension (AB95 -110)
Dawson moved to send a letter to our federal officials requesting their
intervention (regarding dredging at Sandy Point).
Motion carried 6 -0.
PUBLIC HEARINGS
1. RESOLUTION VACATING A PORTION OF PARK LANE, PETITION
FILED BY GENDA HAYNES AND MARK BECKWITH (AB95 -274)
Ed Henken, Engineering, presented a staff report. He noted that for practical
purposes, this is an unbuildable portion of a platted road. The staff recommended
approval.
Imhof opened the public hearing, and the following people spoke:
Mark Beckwith, Custer
Mike Gibbons, 7533 Sunset, Birch Bay
Hearing no one else, Imhof closed the public hearing.
Dawson moved to approve.
Motion carried 6 -0.
2. ORDINANCE CREATING A SPECIAL SHELLFISH PROTECTION
DISTRICT AND A RESPONSE PLAN AS REQUIRED BY RCW 90.72
(AB95 -197C)
Regular Council Minutes, 7/18/95, Page 2
Imhof opened the public hearing, and the following people spoke:
Steve Seymore, owner, Drayton Harbor Oyster Co.
Geoff Menzies, Drayton Harbor Oyster Co.
Bob Andersen, 203 W. Holly
Frank Merriweather, State Department of Health
Michael Freestone, 3200 Vallette, Bellingham
Jan Hanson, Blaine City Council
Frank Merriweather, State Department of Health
Skip Richards
Jean Freestone, 3200 Vallette, Bellingham
Hearing no one else, the public hearing was closed.
Harris moved adoption of a substitute Shellfish Protection District ordinance.
The substitute ordinance is a compromise between the County -wide district and the
ordinance proposed at the last meeting. This ordinance directs the District to be drawn
within the Drayton Harbor watershed and allows, as state law requires, the County to
have funding authority. It also allows for a citizen advisory committee.
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Brenner moved to amend b stating on page 1: WHFR A sl ellf sh-.. —' t zz
Y g P g
::..:....:.:.:.:.:...:.:...1.. ...?.!.:.:.:.: ...................... ::::::.:...... � to give reco ntion uMV i
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...... ................... ...m...... )
Imhof suggested the Council keep the ordinance simple and give recognition
somewhere else.
Motion to amend failed 3 -3 with Imhof, Starkenburg and Nelson opposed.
Brenner moved to amend Section 16.20.065 by increasing membership from 7 to
11, including members who represent sources of pollution or are impacted by pollution.
All members shall have a direct interest in the Drayton Harbor Action Plan.
Motion to amend failed 2 -4 with Brenner and Harris in favor.
Brenner moved to amend by increasing the membership to nine members.
Motion to amend carried 4 -2 with Starkenburg and Dawson opposed.
Brenner moved to change language to add on page 196 of the packet, lines 20 -21:
"All members shall ># >Dt : t r t' t t" striking the
:::.;:. ;:.;:.;;:.;:::.;;;::.:;;;.;::.: ; :.;::.;:.;::.;:;.;:;.: >::.:::.; g
words "... °i - f the district ".
Motion to amend carried 6 -0.
Regular Council Minutes, 7/18/95, Page 3
Imhof moved to amend Section 16.20.040: "At the discretion of County
Council... ", addax _:;:' and in another section, after Board of
Supervisors, add in parenthesis}}z1.
........ ..:....:......................:
Imhof changed his motion to say, "...Board of Supervisors, which shall be the
County Council".
Motion to amend carried 6 -0.
Motion to adopt main motion carried 6 -0.
CONSENT AGENDA
Starkenburg moved to approve the consent agenda items.
Starkenburg requested .Item 4 be pulled.
Motion to approve Items 1, 2 and 3 carried 6 -0.
1. BID AWARD RECOMMENDATION FOR 1995 ANNUAL
CONSTRUCTION PROJECT NO. 6, REPLACEMENT OF GILES
ROAD BRIDGE NO. 40 OVER DAKOTA CREEK, TO THE LOW
BIDDER, ONE WAY CONSTRUCTION COMPANY OF SEDRO-
WOOLLEY, WASHINGTON, IN THE AMOUNT OF $392,134 (AB95-
320)
2. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER
INTO A GRANT APPLICATION CONTRACT FOR WASHINGTON
TRAFFIC SAFETY COMMISSION FOR VICTIM IMPACT PANEL
AND TRAFFIC SAFETY TEAM IN THE TOTAL CONTRACT
AMOUNT OF $54,260 (AB95 -321)
3. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER
INTO AN EXTENSION OF AN INTERLOCAL AGREEMENT WITH
THE CITY OF BELLINGHAM FOR SOLID AND HAZARDOUS
WASTE MANAGEMENT SERVICES THROUGH DECEMBER 31,
1996 IN THE TOTAL CONTRACT AMOUNT OF $583,870 (AB95 -017C)
4. REQUEST FOR APPROVAL TO PURCHASE FERRY HULL
INSURANCE FOR 1996 (AB95 -322)
Starkenburg reported for Finance & Administrative Services Committee. He
noted a suggestion by the insurance carrier that the insurance policy should run for a
longer period of time.
Regular Council Minutes, 7/18/95, Page 4
Starkenburg moved to authorize the purchase of a long -term policy for ferry hull
insurance with the terms from July 18, 1.995 to September 30, 1996 with authorization for
the adjusted premium.
Motion carried 6 -0.
OTHER ITEMS
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.01
REGARDING THE ADMINISTRATIVE DUTIES OF THE HEALTH
OFFICER (AB94 -573) (FROM 4/25)
Starkenburg reported for Finance & Administrative Services Committee.
Starkenburg moved to amend by-changing language on page 4 of the packet:
Administrative e€€ieef lbe"' .
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Motion to amend carried 6 -0.
Starkenburg moved to amend by changing language in Section A, 24.01.030:
"...Executive ffffly s appoint... ".
Motion failed 2 -4 with Starkenburg and Dawson in favor.
Main motion to adopt the substitute ordinance as amended carried 6 -0.
2. REPORT FROM COUNTY EXECUTIVE SHIRLEY VAN ZANTEN
ON THE POSSIBLE ELIMINATION OF THE JUVENILE
ADMINISTRATION /PROBATION DEPARTMENT (AB95 -298)
Starkenburg reported for Finance & Administrative Services Committee and
noted this was held in committee.
Starkenburg requested feedback from Council members on whether to have
another report to full Council or a work session regarding this. No action was taken.
3. BID AWARD RECOMMENDATION FOR TWO WHEEL LOADERS
TO THE LOW BIDDER, NC MACHINERY COMPANY FOR A
TOTAL OF $173,807.50, AFTER SUBTRACTING THE VALUE OF
THE TRADE -IN AND THE AWARD OF SALE OF TWO USED LOADERS
AT $96;750 (AB95- 303)(FROM 7/5)
Regular Council Minutes, 7/18/95, Page 5
Starkenburg reported for Finance & Administrative Services Committee and
noted this item has been withdrawn by Jeff Monsen, Public Works Administration.
4. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 9
(CONSERVATION FUTURES FUND FOR LAKE WHATCOM TRAIL)
(AB95 -305A)
Starkenburg reported for Finance & Administrative Services Committee and
noted that funds were already in place, so the item was pulled.
5. RESOLUTION CREATING A CITIZENS REVIEW COMMITTEE TO
REVIEW POTENTIAL SALES OF COUNTY OWNED PROPERTY
(AB95 -318)
Brenner reported for Public Works & Capital Projects Committee. She stated the
item was held in committee so Barbara Cory, Treasurer, can meet with the
Administrative Committee and later can come back.to the Public Works & Capital
Projects Committee with new ideas.
6. RESOLUTION OPPOSING THE CONSTRUCTION OF A CENTER-
LINE MEDIAN ON THE GUIDE MERIDIAN (AB95 -260A)
Brenner reported for Public Works & Capital Projects Committee. She moved to
approve the substitute ordinance presented by Vickie Woods, Planning and Development
Services. The ordinance would request the Washington State Department of
Transportation to reclassify the route access control classification for the Guide Meridian
(on file).
Motion carried 6 -0.
7. ORDINANCE AMENDING THE PUBLIC BENEFIT RATING
SYSTEM .REMOVING OPEN SPACE /TIMBER FROM PLANNING
COMMISSION EVALUATION.AND ADDING A NEW
CLASSIFICATION, FARM AND AGRICULTURE CONSERVATION
(AB95 -308)
Nelson reported for Planning & Development Committee. He moved to adopt
with the amendment to strike on page 94, line 14: "... ... ".
Vickie Woods, County Planning and Development Services, gave an update to the
Council members.
Motion was withdrawn by Nelson.
Regular Council Minutes, 7/18/95, Page 6
The committee's recommendation was to schedule a public hearing.
A public hearing will be scheduled at the next Council meeting, August 1.
8. -ORDINANCE AMENDING LAND CLEARING REGULATIONS IN
TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE (AB95 -309)
Nelson reported for Planning & Development Committee and stated the
recommendation was to hold a public hearing.
A public hearing will be scheduled as soon as possible.
9. REPORT ON COMMITTEE OF THE WHOLE DISCUSSION
REGARDING THE BEACON FILM STUDIO. PROJECT (AB95 -110)
Dawson moved support of a public hearing for the modest extension of one
month for the Beacon project in the event it may not close its agreement July 21. A
copy of the earnest money agreement is to be supplied to the Council members before
the hearing.
Dawson agreed to delete the word "modest" from her motion.
There was discussion on the motion.
Dan Gibson discussed legalities of the process.
Motion failed 1 -5 with Dawson in favor.
10. DECISION ON PUD92 -002, BELLIS FAIR REAL ESTATE INCOME
FUND (WASH.) INC. (AB95 -311)
Starkenburg reported for Committee of the Whole and stated that it was
suggested to examine staffs suggestions and grant approval on those stipulations.
Bill Florea read from Recommendation #16, which was submitted by the
applicant. "The June Road right -of -way shall be vacated and rededicated in the
proposed alignment on the general binding site plan. The Stuart right -of -way plan shall
also be vacated on the general binding site plan. June Road shall be constructed in its
entirety prior to the issuance of any Certificate of Occupancy.
Regular Council Minutes, 7/18/95, Page 7
the last sentence (regarding pro rata of costs)."
Dan Gibson clarified Florea's amendment suggestion.
There was discussion.
Starkenburg moved to strike the berm requirements.
Motion to strike carried 5 -1 with Brenner opposed.
Starkenburg moved to amend Exhibit A to accept staff recommendations
regarding school mitigation.
Motion to amend carried 6 -0.
Starkenburg moved to accept as written the section regarding drainage on page 3.
Motion carried 6 -0.
Starkenburg moved to strike the last two sentences, condition number 2, under
"IV. Recommendation ": "June Road shall be a public road built to collector arterial
standards. ...Certified "as- built" road and storm water system plans shall be submitted to
the Whatcom County Division of Engineering for review and approval. Ame read shat
Motion carried 6 -0.
Starkenburg moved to accept the June Road reference, Section 3, page 4, packet
page 163.
Motion carried 6 -0.
Starkenburg moved to strike Section 18 in its entirety on packet page 160.
Motion carried 5 -1 with Brenner opposed.
Imhof moved to approve PUD 90 -0002 as amended.
Regular Council Minutes, 7/18/95, Page 8
Main amended motion carried 6 -0.
11. RESOLUTION EXTENDING THE DEADLINE FOR COUNCIL
DECISION ON AMENDMENT NO. 1 TO THE WHATCOM COUNTY
WATER DISTRICT NO. 10 COMPREHENSIVE WATER AND SEWER
PLAN (AB95 -319)
Bob Woods gave a staff report. He noted this issue is premature and therefore
needs to be pulled.
Imhof moved to start the 90 -day deadline from July 12, 1995.
Motion carried 6 -0.
12. CONSIDERATION ON APPEAL OF THE HEARING EXAMINER'S
DECISION, HEARING EXAMINER FILE #CUP (93- 0036), FILED
BY DAVID BARLEAN (AB95- 063)(FROM 7/5)
(Clerk's Note: See 'Announcements ")
13. CONSIDERATION OF THE APPEAL OF THE HEARING
EXAMINER'S DECISION ON CONDITIONAL USE PERMIT (APL95-
02445), FILED BY POINT MARKETING, INC. (AB95 -253)
(Clerk's Note: See 'Announcements ")
(Clerk's Note: A five- minute recess was taken.)
14. DISCUSSION AND POSSIBLE ACTION REGARDING THE
RESOLUTION EXTENDING THE CURRENT WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT FUNDING MECHANISM AND
RE- AUTHORIZING COLLECTION OF. CHARGES (AB95 -222)
The meeting of the County Council was recessed, and a meeting of the Flood
Control Zone District Board of Supervisors was convened.
Imhof moved approval of the resolution.
Starkenburg moved to table until September 19, 1995 and direct staff of the Flood
Control Zone District to forward to the Board of Supervisors a work plan for 1996 with
program objectives and completion dates for review at the meeting of September 5, 1995.
Motion to table carried 5 -1 with Harris opposed.
Regular Council Minutes, 7/18/95, Page 9
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The Council adjourned the meeting of the Flood Control Zone District Board of
Supervisors and reconvened the Council meeting.
15. RESOLUTION ACCEPTING PROPOSED CHARTER AMENDMENTS
FOR SUBMITTAL TO THE VOTERS OF WHATCOM COUNTY AT
THE NOVEMBER GENERAL ELECTION (AB95 -055A)
Nelson moved to forward the Charter amendments to voters.
Motion to forward failed 3 -3 with Harris, Imhof and Brenner opposed.
16. RESOLUTION ADDING THE NOOKSACK BASIN WATER MODEL
TO THE WA -CERT GRANT APPLICATION LIST (AB95 -201B)
Dawson moved to add Nooksack Basin Water Model to WA -CERT grant
application list.
Becky Peterson, Water Users Steering Committee, commented, as did Bob
Andersen.
Motion carried 6 -0.
17. APPOINTMENT TO FILL VACANCY ON THE SOLID WASTE
ADVISORY COMMITTEE (CITIZEN REPRESENTATIVE) (AB95-
275A)
Imhof opened the nominations.
Imhof nominated JoAnn Ernst.
Brenner nominated A.J. Gould.
Starkenburg moved to close nominations.
Motion carried 6 -0.
NAME
DAWSON
NELSON
IMHOF
HARRIS
BRENNER
STARKEN.
GOULD
X
ERNST
X
X
X
X
X
Regular Council Minutes, 7/18/95, Page 10
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INTRODUCTION ITEMS
1. RESOLUTION ENDORSING THE EFFORTS OF THE WHATCOM
HUMAN RIGHTS TASK FORCE (AB95 -300)
2. ORDINANCE ESTABLISHING SPEED LIMIT ON LINDSAY ROAD
(AB95 -195A) (HEARING TO BE SCHEDULED)
3. RESOLUTION ADOPTING ADA TRANSITION PLAN AND SELF
EVALUATION PLAN FOR THE YEARS 1995 THROUGH 1999 (AB95-
323) (HEARING TO BE SCHEDULED)
Dawson moved approval of the introduction items.
Starkenburg moved to remove item 1.
Starkenburg withdrew his motion.
Motion to introduce carried 4 -2 with Imhof and Starkenburg opposed.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Larry Harris noted that on July 26 there will be a joint City /County Council
meeting regarding Lake Whatcom.
Shellfish Protection District (AB95 -197): Harris gave credit to Bob Woods for his
work on this project.
Courthouse Security (AB95 -153): Brenner again asked why a security guard is
here. Imhof is to write a memo to Tom Sutberry, Administrative Services, on the
subject.
ADJOURN
The meeting was adjourned at 10 :20 p.m.
1:Z-4
Jill Nixon, Recording Secretary
Regular Council Minutes, 7/18/95, Page 11
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These minutes were approved by the Council on Sept. 19 , 1995.
ATTEST:
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Regular Council Minutes, 7/18/95, Page 1Z