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HomeMy WebLinkAboutCouncil August 10 1993WHATCOM COUNTY COUNCIL Regular Meeting The meeting was called Forest Street, by Council Chair Also Present: Dan Warner Dennis Vander Yacht Larry Harris Bob Imhof Barbara Brenner Ken Henderson August 10, 1993 to order at 7:00 p.m. in the Council Chambers, 1000 N. Marge Laidlaw. Absent: None Laidlaw announced that several issues from the Planning Committee this afternoon (the aircraft landing areas (AB93 -213), amending the Foothills subarea regarding recreational vehicles (AB93 -310), discussion of annexations (AB93- 181A), revisions to the major development permitting time -line (AB93 -291)) held in committee, so will not be discussed this evening. Clerk's Note. The next two items were moved from the end of the agenda to the beginning. COUNTY -WIDE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS The County Council also serves as the board of supervisors for this district. Because the district is a separate governmental unit, the Council must recess its regular Council meeting and call to order a meeting of the County-Wide Flood Control Zone District before taking action. The meeting of the County -Wide Flood Control Zone District Board of Supervisors was called to order. ACTION: PRESENTATION BY ADMINISTRATIVE STAFF FOCUSING ON HOW FLOOD MANAGEMENT ACTIVITIES ARE PROGRESSING, HOW THEY ARE COORDINATED WITH OTHER NOOKSACK BASIN COUNTY PROGRAMS, AND HOW, IN GENERAL, THE FLOOD MANAGEMENT PLAN IS MEETING THE 1991 GOAL STATEMENT AND CRITERIA (AB93 -327) John Matzinger, County Engineering Department spoke about Flood Control Zone District, and subsequent committees and flood positions within Engineering Dept. Also created funding mechanisms. First task was the cleanup of flooding of Nooksack. Comprehensive Flood Hazard Management Plan, being worked on; working on mapping plan, weather system, early flood warning system, maintenance (levy) program, gravel management plan, alluvial fan problems, implementation of the plan. Also discussed was the Flood funding fee (tax). Persons speaking: Matzinger, Brenner, Warner, and Laidlaw. LAIDLAW MOVED THAT THE COUNCIL ENDORSE THE EXECUTIVE'S PROPOSAL TO COMBINE /COORDINATE FLOOD CONTROL EFFORTS WITH NOOKSACK BASIN PLANNING EFFORTS. Council Minutes, 8110193, Page 1 Motion carried unanimously. The Flood Control Zone District Board meeting was adjourned. LAKE MANAGEMENT DISTRICT 1 BOARD OF SUPERVISORS The meeting of the Lake Management District Board of Supervisors was called to order. 1. STAFF REQUEST TO APPEAL CONDITION NOS. 8, 9, AND 10 OF THE LAKE OUTLET DEBRIS REMOVAL HYDRAULIC PROJECT APPROVALS AND CONDITIONS 4, 5, AND 6 OF THE SEASONAL FLOW AUGMENTATION DAM HYDRAULIC PROJECT APPROVALS AS THEY ARE PRESENTLY WORDED. (Paperwork from the Engineering department and Jan Omey, chair of the Lake Management District Advisory Board available in the Council office) Topics discussed: The use of creosote treated materials in this project, effects on the drinking water, amount of material State Department of Fisheries will allow to be removed from the, floodway, informal appeal process, staff time but no attorneys, maybe a trip to Olympia, formal appeal process later if that didn't work, timeline- October 1 deadline. Persons speaking: Ed Henken, County Engineer; Henderson, Laidlaw, and Harris. HARRIS MOVED TO BEGIN THE INFORMAL APPEAL PROCESS TO THE STATE FOR HYDRAULIC PROJECT APPROVAL CONDITIONS NOS. 8, 9, AND 10 OF THE LAKE OUTLET DEBRIS REMOVAL AND CONDITIONS 4, 5, AND 6 OF THE SEASONAL FLOW AUGMENTATION DAM HYDRAULIC PROJECT APPROVALS. Motion carried unanimously. Henken said he will draft a letter. The meeting of the Whatcom County Lake Management Committee was adjourned. OPEN SESSION Harry Orr, 3678 Waldron Dr. Representing CLUE: Lake Whatcom Management Plan, supports broad open public process to address problems, but protests down - zoning outside of the Lake Whatcom Watershed. Wants written statement from Council to confirm this. Harris responded that the Lake Whatcom Management Plan is comprised of four proposals. These proposals refer only to the Lake Whatcom Watershed. WARNER MOVED TO SEND A LETTER TO MR. ORR STATING THAT DOWN - ZONING IS IN THE LAKE WHATCOM WATERSHED ONLY. Motion carried unanimously. Martin Keeley, 610 South Beach Road, Point Roberts: Would like Council not to approve Lily Point. Attorney Dave Bricklin, 1424 4th Ave. Seattle, 98101: EIS did not address Lily Point, open space, Pt. Roberts Subarea Plan. Council Minutes, 8110193, Page 2 Stephanie Ross, 4940 Columbus Ave., Bellingham, represents Lummi Nation: Special district zoning passed several years ago, recognized unique features of the Lily Point area, text amendment as proposed is not incongruent with the area, EIS doesn't address some very important and specific areas, burial grounds on some of the beaches which this document allows beach access to, felony to disturb those burial grounds, suggests adoption of recommendation made in Planning and Development committee this afternoon, which is denial. Elmer Stromecki, 1728 Edwards Drive: Requests facts be looked at very carefully regarding Lily Point. Laidlaw closed open session. HEARINGS 1. CONSIDERATION OF A REVISION TO THE BEACON GROUP CONCOMITANT AGREEMENT (AB93 -314) Laidlaw opened the public hearing. Grant Allen, 5610 Sanderly Way: Asked Council to extend the agreement to Jan. 30, 1995, by amending paragraph two of the original concomitant agreement, whereby it states that purchase of the land would be consummated within one year of the date of this agreement. The delays in lawsuits, public hearings, and whatever they have gone through now, they have re- negotiated their purchase /sale agreement with Trillium and would request that this paragraph be amended. Robert Bowser, 8234 Birch Bay Drive: Felt that Mr. Allen purposely is delaying the project. Mr. Allen has said on media the project is on time. Loinda Bowser, 8234 Birch Bay Drive: Member of Greater Birch Bay Association, Beacon Group still doesn't own the land, are the Beacon people going to keep coming back and asking for more time? Is there really even a project? Felt they have had plenty of time. Gene Hanacek, 8601 Semiahmoo Drive, President of Greater Birch Bay Association: Asked judge to review Council's decision, not contesting Council's decision or the judge's decision, however they had to request the County to follow a court order to supply the record. Special hearing was granted, Beacon has never bought the land. Is this a real project? Afraid that once Mr. Allen finds out the costs of the project he will be able to walk away because he hasn't bought the land. Based on financial records, corporation has a net worth of $100. Concerns are being raised with the County Executive and Buildings and Code. If he can't buy the land, how will he pay for the roads? Memo from Dan Taylor regarding spot zoning. Felt a six'month extension would be plenty of time. Laidlaw closed the hearing. Brenner commented that she didn't know why they need more time but Mr. Allen said it was because of the court challenge. In reference to the handouts from Mr. Hanacek she said that whatever Mr. Allen said he said before the appeal was filed. She said if he made those comments after the appeal was filed it might look a little different. Brenner stated that she felt it was important that the project be done in a way that is agreeable to Council Minutes, 8110193, Page 3 the community. She felt it would be fair to give an extension. WARNER MOVED TO ACCEPT THE AMENDMENT TO THE CONCOMITANT AGREEMENT. Laidlaw asked Dan Taylor if the original request was for a longer period of time like 18 months. Taylor replied that he couldn't remember but this one adds up to about 14 months. Warner felt this is a procedural problem, not causing substantive changes to the content of the concomitant agreement Vander Yacht and Brenner disagree that this is a routine matter. Vander Yacht felt this matter was treated differently, the process was speeded up and now is asking for a delay. Felt the extension should be a reasonable length of time. Harris said he voted against the agreement originally, thinks Beacon owes Council a better explanation of why they need an extension. Henderson said that he felt that considering the size and complexity, the time frame is not out of line. He felt it was a legitimate request. The motion carried 6 -1 with Harris opposed. 2. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM COUNTY SURPLUS PROPERTY PURSUANT TO WCC 1.10 (AB93- 307A) Laidlaw opened the public hearing. Seeing no one stepping forward the public hearing was closed. WARNER MOVED TO APPROVE THE RESOLUTION REGARDING THE SALE OF SURPLUS OF EQUIPMENT AT PUBLIC AUCTION. The motion carried 6 -0. Brenner was out of the room. 3. ORDINANCE IMPOSING A SUPERIOR COURT FILING FEE SURCHARGE AND A MARRIAGE LICENSE FEE SURCHARGE TO FUND FAMILY LAW COURTHOUSE FACILITATOR SERVICES (AB93- 309) Laidlaw opened the public hearing. N. F. Jackson, County Clerk: Reminded Council that he has provided a substitute ordinance to include items on unified fee schedule. Seeing no one else stepping forward Laidlaw closed the public hearing. Brenner asked how these fees compared to other counties. Jackson reported that Skagit County collects quite a lot more. WARNER MOVED TO ADOPT THE SUBSTITUTE ORDINANCE. Motion passed 6 -1 with Imhof opposed. Council Minutes, 8110193, Page 4 OTHER ITEMS 1. LAKE WHATCOM MANAGEMENT PLAN PROPOSED URBANIZATION PROGRAM; DISCUSSION OF REQUEST FOR CLARIFICATION FROM COUNTY EXECUTIVE (7/22) (AB93 -290) Harris reported. How to operate when teams come forward with plans, City, County and District act independently of each other. Recommended that it go back to the Full Joint Committee which includes all. Brenner wanted to make it clear to the Executive that each team should have a member of the public. Henderson supported having citizens, but people need to be committed and meetings don't have to be at night. Harris explained that one of the major reasons why the Urbanization Plan came forward was to facilitate the completion of Growth Management and at the same time facilitate and speed up the Lake Whatcom Subarea Plan. Waiting will set a lot back. Public expectation is that something get going on the Lake Whatcom Management Plan. Doug Campbell, member of Education and Public Involvement Committee, recommended that this urbanization program not go forward at this point because it is still flawed. It should be all elements implemented at one time, not one at a time. Persons speaking: Laidlaw, Brenner, Dan Taylor, Harris, Henderson, Doug Campbell, member of Education and Public Involvement Committee, BRENNER MOVED TO REQUEST OF THE MANAGEMENT TEAM THAT MEMBERS OF THE PUBLIC BE INCLUDED ON EACH OF THE LAKE WHATCOM MANAGEMENT PLAN TEAMS. There was discussion by Henderson, Bob Woods, Council budget & program analyst, and Laidlaw. The motion carried unanimously. HARRIS MOVED THAT THE LAKE WHATCOM GOALS AND POLICIES IMPLEMENTATION PLANS PRESENTED TO THE LAKE WHATCOM SUB COMMITTEE BE FORWARDED TO THE FULL JOINT COMMITTEE FOR PUBLIC HEARINGS AND DISPOSITION. There was discussion by Henderson, Imhof, Warner, and Laidlaw. The motion failed 3 -4. Harris, Warner, Henderson in favor. IMHOF MOVED TO TAKE ALL EIGHT COMPONENTS TO THE FULL COMMITTEE AND LET STAFF RECOMMEND BATCHING. The motion carried 5 -2, with Henderson and Harris opposed. 2. APPROVAL OF NEW APPLICATION FOR A CLASS H LIQUOR LICENSE BY NAOKI YOSHINO AND SHUNSAKA YUASA FOR THE LOOMIS TRAIL GOLF CLUB, 4342 LOOMIS TRAIL ROAD, BLAINE (AB93 -326) IMHOF MOVED TO RECOMMEND APPROVAL. Council Minutes, 8110193, Page 5 Motion carried unanimously. 3. APPROVAL OF APPOINTMENTS TO AN ECONOMIC RECOVERY CREATION BOARD (REQUESTED BY DAVE BELL, FOURTH CORNER DEVELOPMENT GROUP) (AB93 -313) Laidlaw reported on the process and the board. LAIDLAW MOVED FOR APPROVAL. The motion carried unanimously. 4. BID AWARD RECOMMENDATION FOR A MOBILE HOME FOR THE SHERIFF'S DEPUTY AT POINT ROBERTS TO THE SOLE BIDDER, BIRCH -LYNN HOMES, INC. FOR $31,229.38 INCLUDING SALES TAX (AB93 -287) Henderson reported that the Finance and Personnel Committee reviewed the item and recommended approval. HE SO MOVED. The motion carried unanimously. 5. REQUEST TO BEGIN THE ADVERTISING AND HIRING PROCESS FOR ADDING A FULLY - FUNDED POSITION IN ENVIRONMENTAL HEALTH FOR WATERSHED SEPTIC SYSTEM SURVEYS AND AUTHORIZATION FOR THE EXECUTIVE TO SIGN THE RELATED INTERLOCAL AGREEMENT WITH THE CITY OF BELLINGHAM (AB93 -322) Henderson reported that the Finance and Personnel Committee reviewed the item and recommended approval. Laidlaw asked how the city could pay for work in Drayton Harbor without the auditor being on their case and forcing us to pay back the money later. Henderson answered that significant number of the septic systems within the county are pumped and dumped into the city system. It is the position of the Health officer and Bert Brainard of Environmental Health that use is major and constitutes a reasonable consideration on Bellingham's part. Civil Deputy Prosecutor Dan Gibson reported that the hauling of septage from septic tanks in the Drayton Harbor area or in other areas of the county it does provide an adequate basis for the city to have a financial interest in making certain that this proceeds. Laidlaw asked Brainard to explain why this has come up so late in the year. He explained that they have been working on this for about a year and have finally come up with an interlocal agreement between the County Executive and the City of Bellingham. It is not an emergency, contract runs from September 1 through December 1994 then it's renewed on an annual basis if the City of Bellingham is satisfied with the work. Henderson explained that this position would be more than someone who just goes out and inspects septic tanks. He discussed this request with Tom Sutberry of the Executive's Office and he assured him that the administration had reviewed and felt that Council Minutes, 8110193, Page 6 the line items in the budget were appropriate requests for this proposal. It would also involve an education process with homeowners. Imhof said this is a 16 month temporary job, why do they need a new truck? He said he would rather see it come through the budget cycle. VanderYacht said he supports position, but questions the dollar amount and the equipment requested. Feels it needs further deliberation. Henderson said this is not an approval of funding but approval to advertise for the job. Laidlaw suggested that it go back to the department and include it in the budget process and scale it back so that the person's skills are appropriate to the job. HENDERSON MOVED APPROVAL OF THE REQUEST. The motion failed 3 -4 with Henderson, Warner and Harris in favor. HENDERSON MOVED TO REQUEST THE EXECUTIVE TO HAVE STAFF COME TO FINANCE COMMITTEE FOR FURTHER DISCUSSION. The motion passed 6 -1 with Imhof opposed. 6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT WITH SHARON M. ROBINSON FOR CONTRACT MONITORING AND AUDITING SERVICES FOR MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES FOR $36,000 FROM 7/1/93 TO 6/30/95 (AB93 -323) Henderson reported that the Finance and Personnel Committee reviewed the item and recommended approval. HE SO MOVED. The motion carried unanimously. 7. BID AWARD FOR THE RECONSTRUCTION OF HANNEGAN ROAD, TEN MILE ROAD TO SR -544, PHASE I, TO THE LOW BIDDER, WEDCO CONSTRUCTION INC., FOR $614,168 INCLUDING ALL TAXES (AB93 -324) Henderson reported that the Finance and Personnel Committee reviewed the item and recommended approval. HE SO MOVED. The motion carried unanimously. 8. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. CRP - 992228 AND AWARD OF CONTRACT FOR RECONSTRUCTION OF HANNEGAN ROAD, TEN MILE ROAD TO SR -544, PHASE I (AB93- 324A) Henderson reported that the Finance and Personnel Committee reviewed the item and recommended approval. Council Minutes, 8110193, Page 7 HE SO MOVED. The motion carried unanimously. 9. ORDINANCE AMENDING THE ZONING ORDINANCE TO ADD SECTION .20.72.280 ALLOWING 50 PERCENT OF THE TOTAL PERMITTED DWELLING UNITS AS RESORT - ORIENTED TRANSIENT ACCOMMODATIONS, IN A PLANNED UNIT DEVELOPMENT OF AT LEAST 200 ACRES OF URBAN RESIDENTIAL OR URBAN RESIDENTIAL MEDIUM DENSITY DESIGNATED LANDS WHERE 50 PERCENT OF LAND AREA REMAINS IN OPEN SPACE (RELATING TO LILY POINT) (AB93 -163A) Warner reported for the Planning and Development Committee. The Committee recommended denial of the request. This is actually not an ordinance, but a text amendment. The Committee had serious problems with the entire concept of this Planned Unit Development, and the development of the resort on Lily Point and what that will do to the character of Point Roberts. Council worked for many months 3 -4 years ago to develop a plan for Point Roberts. And the Lummi Nation has some very serious concerns about what this kind of thing is going to do to some areas of cultural and sacred significance. Very seldom does the Lummi Tribe come to Council and say, 'This is really very important to us ". Brenner agreed and said she felt that traffic is a problem in the area. Also the concept was for more affordable housing, not hotels.. The Planned Unit Development was created to allow for people who live in an area to be able to get to their functions without having to go very far, and to provide more affordable permanent housing. Allowing for resorts and hotels was sort of an addendum to that rather than an equal to it. Had a problem with allowing 50 percent on a PUD to be hotel or resort. Dan Taylor responded that a PUD is just a tool that provides flexibility and combines zoning and subdividing. Laidlaw questioned Taylor as to whether this would affect all of the Point and potentially all of the County. He replied that theoretically it could apply to the entire County however, it is so very specific it is very unlikely that it would apply anywhere else. It does not have to set a precedent. WARNER MOVED TO DENY THE REQUEST. The motion carried unanimously. 10. ORDINANCE EXPANDING THE USE OF AIRCRAFT LANDING AREAS TO ALLOW OPERATION OF AIRCRAFT FOR PERSONAL USE IN THE AGRICULTURE AND RURAL ZONES AS A CONDITIONAL USE, AND TO ADD SECTIONS ALLOWING AIRCRAFT LANDING AREAS AS A CONDITIONAL USE IN THE RURAL FORESTRY AND COMMERCIAL FORESTRY ZONES, AND AS AN ACCESSORY USE IN THE COMMERCIAL FORESTRY ZONES (AB93 -213) Held in committee. 11. ORDINANCE AMENDING THE FOOTHILLS SUBAREA COMPREHENSIVE PLAN, AND THE OFFICIAL ZONING ORDINANCE TO ALLOW ONE PRIVATE, NON - COMMERCIAL RECREATIONAL VEHICLE OR MOBILE HOME PER LOT WITHIN PRE - EXISTING Council Minutes, 8110193, Page 8 RECREATIONAL SUBDIVISIONS AS A PERMITTED USE IN THE URBAN RESIDENTIAL AND RESIDENTIAL RURAL DISTRICTS IN THAT SUBAREA, AS WELL AS AMENDING THE FOLLOWING WHATCOM COUNTY SECTIONS RELATING TO THIS CHANGE: TITLE 20.94 REGARDING ENFORCEMENT AND PENALTIES; AND TITLE 20.97, REGARDING DEFINITIONS (AB93 -310) Held in committee. 12. DISCUSSION /DIRECTION ON PROPOSED REVISION TO TITLE 20, AMENDING THE MAJOR DEVELOPMENT PERMIT PROCEDURE TO ALLOW THE COUNTY COUNCIL ADDITIONAL TIME TO CONSIDER APPLICATIONS (AB93 -291) Held in committee. INTRODUCTION 1. ORDINANCE ACCEPTING THE SYSTEM OF ASSESSMENTS PROPOSED BY THE WHATCOM COUNTY CONSERVATION DISTRICT (AB93 -321) 2. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON THE DAYNOR NELSON BARNES MATTER (APL93- 0014), FILED BY DARRELL BARNES (AB93 -317) 3. ORDINANCE AMENDING THE 1993 BUDGET, REQUEST NO. 13 (AB93 -325) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Annexations: (AB93 -181) BRENNER MOVED TO REQUEST A HEARING BY THE BOUNDARY REVIEW BOARD FOR THE TWO AREAS APPROVED FOR ANNEXATION BY THE CITY OF BELLINGHAM. THESE AREAS ARE BAKERVIEW WEST OF THE GUIDE TO I -5 AND A SMALL AREA EAST OF THE GUIDE TO DEEMER ROAD. The motion carried unanimously. Aircraft Landing Areas (AB93 -213): Warner asked that the clerk not reprint AB93- 213 of this week's packet for aircraft landing areas. Print new information only. Road Vacation of Forest and Second and a Portion of First in Maple Falls (AB93- 087): Brenner reported that Council vacated a road in Maple Falls that has land locked many people about 1 -2 months ago. Ed Henken said that there was nothing the County could do about it. They have easements by description. Extended Area Phone Service (AB93 -328): Brenner also said that she would like Council to consider filing suit with Washington state to demand extended area service for phone service. Amend Title 20 and Foothills to allow mobile homes and recreational vehicle on mineral resource lands (AB93 -310): Laidlaw reported that Dan Taylor sent a memo on administrative interpretation related to mobile homes on mineral resource lands saying that if he didn't hear from Council within a general time frame he would assume that Council Council Minutes, 8110193, Page 9 agrees. It was discussed in committee two weeks ago. Proposed contract with RECOMP (AB93- 352): Laidlaw reported that Council received a letter from RECOMP asking 6 specific questions. She asked for Council input. Brenner thought that Solid Waste should help answer those questions. The letter and the questions included were referred to Public Services and Solid Waste Committee. Amend Interlocal Northwest Regional Council and participating counties (AB93 -138): Vander Yacht reported that the Ad Hoc Committee requested Henderson to come and talk. Warner offered to go also. Henderson reported that the North Sound Regional Support Network has received recognition from the Association of Counties for their good work. Council may want to give a special presentation or a certificate of appreciation. Dispute Resolution (AB93 -368) Laidlaw reported that the Hearing Examiner is working on alternative dispute resolution. Expected to be coming forward on 9/7/93. The meeting was adjourned at 9:40 p.m. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON M ina McAllister, Assistant Clerk Marge idlaw, Chair Council Minutes, 8110193, Page 10