HomeMy WebLinkAboutCouncil March 14 19951 WHATCOM COUNTY COUNCIL
2 Regular Council Meeting
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4 March 14, 1995
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6 The meeting was called to order at 7 p.m. by Chair Robert Imhof in the Council
7 Chambers, 311 Grand Avenue.
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Also Present: Absent:
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Barbara Brenner None
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Marlene Dawson
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Alvin Starkenburg
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Larry Harris
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Ken Henderson
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Ward Nelson
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18 ANNOUNCEMENTS
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20 — Imhof reported an executive session was held to discuss County Construction
21 Recyclers and the need for a permanent recycle site agreement. The Council gave staff
22 direction to proceed. (CCR) (AB95 -137)
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24 OPEN SESSION
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26 The following people addressed the Council:
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28 Tom Westgreen, 4800 South Pass Road, Sumas: Open Space Timber (AB95 -127)
29 Larry McCarter, 701 -17th Street: RDS /Solid Waste Program (AB95 -144)
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31 CONSENT AGENDA
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33 Starkenburg moved to approve all items on the Consent Agenda.
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35 Motion carried unanimously.
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37 1. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
38 SIGN TASK ORDER 2A WITH THE NOOKSACK BASIN WATER
39 USER'S STEERING COMMITTEE FOR $2,300 (AB95 -011B)
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Regular Council Minutes, 3/14/95, Page 1
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO AN AGREEMENT WITH THE OPPORTUNITY
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COUNCIL /MAPLE ALLEY INN TO PROVIDE MENTAL HEALTH
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SERVICES /MEAL PROGRAM FOR THE MENTALLY ILL-HOMELESS
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POPULATION FOR $10,210 (AB95 -137)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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SIGN A LETTER OF UNDERSTANDING BETWEEN WHATCOM
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COUNTY, THE U.S.D.A. FOREST SERVICE, AND PUGET POWER
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SOUND & LIGHT COMPANY FOR THE ESTABLISHMENT OF A
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RESIDENT DEPUTY AT BAKER LAKE IN WHATCOM COUNTY
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(AB95 -138)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO AN AGREEMENT WITH WHATCOM COUNSELING
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AND PSYCHIATRIC CLINIC FOR SUPPORTED LIVING SERVICES
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TO THE CHRONICALLY MENTALLY ILL FOR 1995 FOR $73,254
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(AB95 -139)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO AN AGREEMENT WITH SUN COMMUNI'T'Y
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SERVICES FOR SUPER - SUPPORTED RESIDENTIAL LIVING
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SERVICES FOR THE CHRONICALLY MENTALLY ILL FOR 1995
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FOR, $34,702 (AB95 -140)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO AN AGREEMENT WITH SEAMAR COUNSELING
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SERVICES FOR 1995 FOR SEVERELY MENTALLY ILL CLIENTS
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WHO ARE HOMELESS OR OF HISPANIC ORIGIN FOR $29,723
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(AB95 -141)
PUBLIC HEARINGS
1. RESOLUTION TO SELL COUNTY -OWNED SURPLUS PROPERTY (PEA
GRAVEL) (AB95 -122A)
Imhof opened the public hearing.
Hearing no one, the hearing was closed.
41 Nelson moved to approve.
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43 Motion carried unanimously.
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Regular Council Minutes, 3/14/95, Page 2
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2. RESOLUTION AUTHORIZING THE SALE OF COUNTY -OWNED
PROPERTY, WITHOUT BIDS, REQUEST 95-4 (ROSBRUGH'S FIRST
ADDITION TO BLAINE, LOT 8, BLOCK 1, ETC. (AB95 -124A)
Imhof opened the public hearing.
Hearing no one, the hearing was closed.
Brenner moved approval.
Motion carried unanimously.
3. RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN
SPACE /TIMBER APPLICATIONS (AB95 -127)
Nate Brown gave a staff report.
Imhof opened the public hearing, and the following person spoke:
Colleen Griggs, 1770 South Pass Road
The hearing was closed.
Dawson moved to approve the resolution.
Motion carried unanimously.
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 2/28)
Nate Brown gave a staff report.
Imhof opened the public hearing, and the following people spoke:
40 Bev McCaskill
41 Gail Pattenaude, 5809 Aldrich Road, Bellingham
42 Renee Trautner, 2121 Lindsey Ave.
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Regular Council Minutes, 3/14/95, Page 3
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Jim Trautner
Warren Vander Linden, 6875 Guide Meridian Road, Lynden
Richard Gilda, Jensen Road, Bellingham
Scott Lancaster, 1107 Woodstock Way, Bellingham
Paul Graf, 3355 Y Road
Janet Bebraza.
Jennifer Pedraza, 5678 Eagle Parkway #2
Imhof closed the public hearing.
Harris moved to approve the ordinance.
Various comments were made by the Council Members. Nelson would like to
make amendments, including increasing the square footage to 1,300 square feet. Dawson
was concerned about neighborhood compatibility. Henderson would like to ask for some
consideration for 1,000 square feet to remain but some criteria would have to be met to
bump it up. Starkenburg does not agree on one size fits all and would like to see this go
back to Committee. Brenner would like to see the Council do something meaningful.
Harris thought the issues need to be separated and does not support enlarging the
square footage. Nelson noted that in times of need, it is important that the square
footage be increased. Septic tank criteria will have to be met, and he also noted the
density issue. Dawson would like to go ahead with 1,300 square feet. Imhof explained
that the City of Bellingham has an 800 square foot maximum; he felt that this is an
accessory dwelling unit. Brenner discussed accessory and temporary housing and feels
accessory means that a person can remain there and raise their children. She thought
that for anything meaningful, it needs to be 1,300 square feet. Henderson discussed the
impact of the situation for the adjacent landowners. Starkenburg felt there should be a
larger size for the family unit.
Henderson moved to table this item to Committee.
Motion failed 3-4 with Henderson, Harris and Imhof in favor.
Motion on Nelson's amendment to increase the square footage to 1,300 carried
4 -3 with Harris, Henderson and Imhof opposed.
Dawson moved to amend the motion by including rural forestry as a classification
that can use accessory housing.
There was discussion on the motion.
Motion failed 3-4 with Dawson, Nelson and Brenner in favor.
Regular Council Minutes, 3/14/95, Page 4
1 Nelson moved to allow, where applicable, accessory dwellings in the Lake
2 Whatcom Watershed in zonings of 5A or greater.
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4 Nate Brown explained the criteria for approval for accessory dwelling.
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6 Dawson moved this item be moved to Committee for review.
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8 Motion carried 4 -3 with Brenner, Harris and Nelson opposed.
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10 This item is scheduled for Planning and Development Committee at 3 p.m. on
11 March 28.
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13 OTHER ITEMS
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15 1. ORDINANCE RELATING TO TAXATION, IMPOSING A SALES AND
16 USE TAX UPON AND TO BE COLLECTED FROM THOSE
17 PERSONS FROM WHOM THE STATE SALES AND USE TAX IS
18 COLLECTED, FIXING THE RATE OF TAX, PROVIDING FOR THE
19 ADMINISTRATION AND COLLECTION THEREOF, CONSENTING
20 TO THE INSPECTION OF RECORDS AND OTHER MATTERS
21 RELATING THERETO (AB94 -539)
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23 Starkenburg reported for the Finance and Administrative Services Committee.
24 He stated this item was held in Committee until June 20.
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26 2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
27 ENTER INTO A LEASE AGREEMENT WITH WHATCOM POWER
28 CORPORATION FOR THE USE OF COUNTY OWNED PROPERTY
29 FOR THE GENERATION OF ELECTRIC POWER (AB95 -100) (FROM
30 2/28)
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32 Starkenburg reported for the Finance and Administrative Services Committee.
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34 Starkenburg moved to approve as amended in Committee (handout was given in
35 Committee).
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37 Motion carried unanimously.
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39 3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
40 SIGN TASK ORDERS 1A FOR $5,400 AND 6 FOR $22,500 FOR THE
41 NOOKSACK WATER USER'S STEERING COMMITTEE WORK
42 (AB95- 011)(FROM 1 /10)
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Regular Council Minutes, 3/14/95, Page 5
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Starkenburg reported for the Finance and Administrative Services Committee.
Starkenburg moved approval.
Motion carried unanimously.
(Clerk's Note: The Council adjourned as the Whatcom County Council and convened as
the Flood Control Zone District Board of Supervisors.)
5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT WITH THE NATURAL
RESOURCES CONSERVATION SERVICES, U.S. DEPARTMENT OF
AGRICULTURE TO INSTALL, OPERATE AND MAINTAIN 2
MONITORING STATIONS IN THE UPPER FORKS OF THE
NOOKSACK RIVER FOR APPROXIMATELY $48,000 (AB95 -142)
Starkenburg reported for the Finance and Administrative Services Committee.
Starkenburg moved for approval.
Motion carried unanimously.
6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AGREEMENT WITH U.S.G.S. TO INSTALL STREAM
GAUGING STATIONS ON THE NOOKSACK RIVER FOR $34,145
(AB95 -143)
Starkenburg reported for the Finance and Administrative Services Committee.
Starkenburg moved for approval.
Motion carried unanimously.
(Clerk's Note: The Flood Control Zone District Board of Supervisors meeting was
adjourned and the Whatcom County Council was reconvened)
7. STATUS REPORT ON T.C.I. CABLE NEGOTIATIONS (AB95 -091)
Brenner reported for the Public Works and Capital Projects Committee. She
noted the status is for continuation of negotiations with the understanding that the
Committee is not committing itself at this point.
Regular Council Minutes, 3/14/95, Page 6
1 Jeff Monsen reported on the future need for financial assistance.
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3 Henderson moved to approve the statement of position in Jeff Monsen's memo
4 and continue Committee work.
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6 Motion carried unanimously.
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8 8. DISCUSSION OF PROPOSAL BY BROWNING - FERRIS INDUSTRIES'
9 PROPOSAL TO OPERATE POINT ROBERTS SOLID WASTE DROP
10 OFF CENTER WITH MOTION DIRECTING STAFF IN HOW TO
11 PROCEED (AB95 -149)
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13 Brenner reported for the Public Works and Capital Projects Committee.
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15 Imhof moved to concur with the statement of position in Jeff Monsen's memo to
16 continue the present work status.
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18 Motion carried unanimously.
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20 A work session will be held March 21 from 11:30 a.m. to 1:30 p.m. to continue
21 discussion.
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23 9. DISCUSSION OF A PROPOSED ORDINANCE REDUCING OPEN SPACE
24 REQUIREMENTS IN LIGHT INDUSTRIAL PARKS (AB95 -070) (FROM 2/7)
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26 Nelson reported for the Planning and Development Committee.
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28 Dawson moved to concur with the Planning Department.
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30 Motion carried unanimously.
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32 10. DISCUSSION WITH JEFF MONSEN AND DAN GIBSON
33 REGARDING COUNTY CONSTRUCTION RECYCLERS (CCR)
34 (AB95 -137)
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36 11. DISCUSSION REGARDING FLOW CONTROL (AB95 -132)
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38 12. COUNCIL APPROVAL OF DESIGNATION OF SITE, IF CONSISTENT
39 WITH THE FLOW CONTROL ORDINANCE AND DIRECTION TO
40 STAFF TO BEGIN NEGOTIATIONS WITH RDS FOR A DISPOSAL
41 SITE AGREEMENT (AB95 -144)
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Regular Council Minutes, 3/14/95, Page 7
I Imhof moved that Items 10, 11 and 12 be pulled to be put on the agenda for the
2 Workshop on March 21.
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4 Motion carried unanimously.
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6 13. APPOINTMENTS TO THE C IL SERVICE COMMISSION AND THE
7 SUBSTANCE ABUSE BOARD (AB95 -145)
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9 • NEW APPOINTMENT OF VIRGINIA BENTON TO A
10 FIRST FULIi SIX -YEAR (PER RCW) TERM ON THE
11 CIVIL SERVICE COMMISSION TO RUN FROM 1/1/95
12 TO 12/31/2000
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14 • NEW APPOINTMENT OF WILLOW MYERS- NEWELL
15 TO A FIRST FULL THREE -YEAR TERM ON THE
16 SUBSTANCE ABUSE BOARD TO RUN FROM 1/1/95
17 TO 12/31/97
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19 • NEW APPOINTMENT OF ARNE CLEVELAND TO
20 THE SUBSTANCE ABUSE BOARD, EFFECTIVE
21 IMMEDIATELY, UNTIL 12/31/96 (TO COMPLETE THE
22 TERM OF JAY HYNDS WHO RESIGNED)
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24 Imhof moved approval by acclamation.
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26 Motion carried unanimously.
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28 INTRODUCTION ITEMS
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30 1. ORDINANCE AMENDING THE BUDGET, NO. 2 (AB95 -146)
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32 2. PETITION FOR VACATION OF A PORTION OF COUNTY ROAD
33 NO. 405 BY ROBERT M. AND ROSEANNE OTTERSON (AB95 -147)
34 (HEARING TO BE SCHEDULED)
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36 3. PETITION FOR VACATION OF A PORTION OF THE OLD
37 HANNEGAN ROAD, AKA ALEXANDER HAMILTON ROAD, BY
38 WILDER COMPANY (AB95 -148) (HEARING TO BE SCHEDULED)
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40 Henderson moved to approve the Introduction Items.
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42 Motion carried unanimously.
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Regular Council Minutes, 3/14/95, Page 8
1 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
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3 Courthouse Security (AB95 -153): Starkenburg noted the discussion that was held
4 on Courthouse Security by Administrative Services Director Tom Sutberry, in the
5 Finance and Administrative Services Committee. A handout was distributed, along with
6 a discussion by Sutberry.
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8 Starkenburg requested a straw vote; no vote was taken.
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10 Imhof requested that this issue be scheduled for discussion at the next Council
11 meeting scheduled for March 28.
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13 Whatcom County Sheriff Dale Brandland spoke briefly on this issue, as did
14 several members of the Council.
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16 Drayton Harbor Shellfish Protection District (AB95 -556): Harris reported that a
17 letter of concurrence should be sent from the Council to the Council of Governments,
18 the lead agent for the Drayton Harbor Watershed Management. In sending this letter,
19 the Council notifies the agent that it will agree to consider the formation of a district.
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21 Harris moved to have the letter sent from the Council.
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23 Discussion followed. Mark Challender, Council of Governments, explained the
24 letter of concurrency.
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26 Motion carried unanimously.
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28 Sudden Valley Road Standards (AB95 -155): Henderson mentioned Substitute
29 House Bill 1473 regarding the County giving 55% of the property tax money to Sudden
30 Valley in order for them to maintain their private road (letter on file).
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32 Henderson moved to send the letter which he read and which opposes SHB 1473.
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34 Motion carried unanimously.
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36 Oxford House (AB95 -156): Nelson wanted to make Council Members aware of
37 the Oxford House for substance abuse (right now for males only).
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Regular Council Minutes, 3/14/95, Page 9
1 ADJOURN
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3 The meeting was adjourned at 9:05 p.m.
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9 N dean Hanson, Recording Secretary
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11 These minutes were approved by the Council on June 6 '1995.
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ATTEST:
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Ilk
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n -Davis
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Acting Clerk of the Council
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Regular Council Minutes, 3/14/95, Page 10