HomeMy WebLinkAboutCouncil December 7 1993WHATCOM COUNTY COUNCIL
REGULAR MEETING
December 7, 1993
The meeting was called to order at 7 p.m. in the Council Chambers, 1000 N.
Forest Street by Council Chair Marge Laidlaw.
Also Present: Absent:
Dan Warner None
Dennis Vander Yacht
Bob Imhof
Barbara Brenner
Ken Henderson
Larry Harris
The minutes of the October 26, 1993 were approved as published.
HEARINGS
1. DECISION ON PETITION TO VACATE A PORTION OF FOREST VIEW
AND A PORTION OF THE ALLEY BETWEEN BLOCK 25 AND 26 AND
THE ALLEY BETWEEN BLOCK 27 AND 28 FILED BY AL ARCHER FOR
LIGHTHOUSE MISSION (AB93 -403)
Laidlaw opened the hearing.
.AI Archer, no address: Spoke in favor of the vacation.
The hearing was closed.
WARNER MOVED TO APPROVE OF THE VACATION.
Motion carried unanimously.
2. ORDINANCE ESTABLISHING "NO PARKING" ON SOUTH BEACH WAY
(AB93 -473)
Laidlaw opened the hearing. No one spoke, and the hearing was closed.
Comments were made by Imhof and Engineer Ed Henken.
IMHOF MOVED TO ADOPT THE ORDINANCE.
Council Minutes, 12/7/93, Page 1
Motion carried unanimously.
3. ORDINANCE ESTABLISHING A WEIGHT LIMIT OF 40 -TONS ON COAL
CREEK ROAD BRIDGE NO. 511 (AB93 -474)
Laidlaw opened the hearing. No one spoke, and the hearing was closed.
WARNER MOVED TO ADOPT THE ORDINACE.
Motion carried unanimoully.
4. ORDINANCE REGARDING THE SALE OF TAX TITLE PROPERTY BY
WHATCOM COUNTY IN ACCORDANCE WITH THE PROVISIONS
CURRENTLY CONTAINED IN STATE LAW. (AB93 -475)
Laidlaw opened the hearing.
Sherilyn Wells, 1020 Geneva: Urged adoption of the ordinance.
The hearing was closed.
WARNER MOVED TO ADOPT THE ORDINANCE.
The motion carried unanimously.
5. RESOLUTION REGARDING THE MATTER OF RENAMING PRAIRIE
ROAD TO NORTH PRAIRIE ROAD (AB93 -472)
Laidlaw opened the hearing, although she noted that the hearing would remain
open for a week.
Ed Henken: Spoke about the need for a delay, noting that the request may be
withdrawn.
Dean Whitney, Fire District 3 Chief. Spoke in opposition to the ordinance.
The need for a county -wide addressing system was discussed by Brenner,
Henderson, Warner, Harris and Laidlaw.
The hearing will remain open until December 14.
OTHER ITEMS:
Council Minutes, 12/7/93, Page 2
REQUEST FOR A ZONING MAP AMENDMENT FROM RURAL 10 ACRE
TO RURAL 5 ACRE FOR 30 ACRES IN THE FOOTHILLS SUBAREA FOR
DENNIS FEATHERS REPRESENTED BY JON SITKIN (AB93 -460)
This item was discussed by Warner, Harris, Laidlaw, Brenner, Planning Director
Dan Taylor and Henderson.
WARNER MOVED TO SCHEDULE THIS ITEM WITH THE NEXT BATCH
OF REZONE REQUESTS (this would be rescheduled before the Council, not the
Planning Commission).
Motion carried 5 -2 with Harris and Imhof opposed.
2. APPEAL OF HEARING EXAMINER'S DECISION ON HEARING
EXAMINER FILE NO. SHV93 -2, LUSSIER /CAIN LAKE, FILED BY DANE
LUSSIER (AB93 -385)
IMHOF MOVED TO DELAY CONSIDERATION OF THIS ITEM UNTIL
DECEMBER 14.
Motion carried 6 -1 with Harris opposed.
3. ORDINANCE AMENDING WHATCOM COUNTY ZONING MAP FROM
RURAL 5 ACRE TO LIGHT IMPACT INDUSTRIAL FOR 40 ACRES IN
THE LYNDEN - NOOKSACK SUBAREA (AB93 -461)
Warner reported that Planning and Development Committee reviewed this
matter.
WARNER MOVED TO ADOPT THE ORDINANCE.
Motion carried unanimously.
4. ORDINANCE AMENDING THE FOOTHILLS SUBAREA
COMPREHENSIVE PLAN MAP AND THE OFFICIAL WHATCOM
COUNTY ZONING MAP FOR APPROXIMATELY 20.44 ACRES EAST OF
SILVER LAKE, SECTION 8, T40N, R6E FROM RURAL FORESTRY (RF)
TO RURAL 5 ACRE (R5A) (AB93 -462)
Warner reported that Planning and Development Committee reviewed this
matter.
WARNER MOVED TO SCHEDULE THIS MATTER FOR A PUBLIC
HEARING PRIOR TO FINAL COUNCIL CONSIDERATION, WITH THE
Council Minutes, 12/7/93, Page 3
HEARING TO BE SCHEDULED AT SUCH TIME AS MR. FEATHERS, THE
PROPONENT, IS AVAILABLE, AND AT THE SAME TIME AS AB93 -460 IS
CONSIDERED BY THE COUNCIL.
Motion carried 5 -2 with Imhof and Laidlaw opposed.
5. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE (TITLE 20) SECTIONS .20, .22, .32, .34, .36 AND .40 TO
ALLOW DETACHED ACCESSORY DWELLING UNITS AS CONDITIONAL
USE AND .97 TO ADD DETACHED ACCESSORY DWELLING UNITS AS A
CONDITIONAL USE (AB93 -463)
Warner reported that Planning and Development Committee reviewed this
matter.
WARNER MOVED THAT THIS ITEM BE SCHEDULED FOR A PUBLIC
HEARING.
Motion carried unanimously.
6. ORDINANCE AMENDING THE FOOTHILLS SUBAREA
COMPREHENSIVE PLAN MAP AND THE OFFICIAL WHATCOM
COUNTY ZONING MAP FOR APPROXIMATELY 35 ACRES BETWEEN
SILVER LAKE AND MOUNT BAKER HIGHWAY AT 8384 SILVER LAKE
ROAD, SECTION 19, T40N, R6E FROM RURAL FORESTRY (RF) TO R10A
(AB93 -464)
WARNER MOVED TO ADOPT THE ORDINANCE.
Motion carried unanimoully.
7. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FOR THE CHUCKANUT -LAKE SAMISH, LAKE WHATCOM AND
FOOTHILL SUBAREA DESIGNATING CERTAIN AREAS AS RURAL
FORESTRY (AB93 -458)
Warner reported that Planning and Development Committee reviewed this
matter.
WARNER MOVED TO ADOPT THE ORDINANCE.
WARNER MOVED TO CORRECT SCRIVENERS ERRORS ON PAGE 154:'
L14 SHOULD READ "THE OFFICIAL WHATCOM COUNTY ZONING MAP IS
Council Minutes, 12/7/93, Page 4
HEREBY AMENDED AS SET FORTH IN ATTACHMENT A, INCLUDING THE
SUBAREA MAPS AND THE LIST OF PARCELS AS OF DECEMBER 7,1993 ......
THE MAPS MENTIONED ARE NOT IN THE CORRECT ORDER THE WAY THE
ORDINANCE READS.
There was discussion.
Motion carried 6 -1 with Henderson opposed.
8. ORDINANCE AMENDING THE TEXT OF TITLE 20, THE OFFICIAL
WHATCOM COUNTY CODE, CHAPTER 20.88, MAJOR DEVELOPMENT
PERMITS TO MODIFY AND ELIMINATE UNREALISTICALLY
RESTRICTIVE AND CONFUSING DEADLINES (AB93 -291A)
Warner reported that Planning and Development Committee reviewed this
matter.
WARNER MOVED THAT THE ORDINANCE BE ADOPTED.
Warner noted that several scrivener's errors should be corrected, as follows:
- Page 194, L 12, after the written word "twenty" should be "(20) "; and
- Page 194, L 47, "twenty (20)" should be scratched out and insert "forty- five ".
Motion carried unanimously.
9. AWARD OF CONTRACT FOR RADIO MAINTENANCE AND REPAIR
SERVICE TO SND COMMUNICATIONS INC. FOR AN ESTIMATED ANNUAL
COST OF $73,365 (AB93 -487)
This item was withdrawn from consideration at the Administration's request.
10. RESOLUTION IN SUPPORT OF NATIONAL HIGHWAY SYSTEM FUND
GRANT REQUESTS FOR GUIDE MERIDIAN CORRIDOR LAND USE
AND TRANSPORTATION PLANNING AND TRAFFIC CONTROLS FOR
THE BENNETT/BAKERVIEW /AIRPORT ROAD INTERSECTION (AB93-
488)
Henderson reported that the Finance and Personnel Committee reviewed this
matter.
HENDERSON MOVED TO PASS THE RESOLUTION.
Motion carried unanimously.
Council Minutes, 12/7/93, Page 5
11. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT FOR CEDARVILLE LANDFILL LEACHATE
HAULING SERVICES WITH LTI, INC. FOR A TWO -YEAR PERIOD FOR
AN ESTIMATED ANNUAL CONTRACT COST OF $60,000 (AB93 -489)
HENDERSON MOVED,. REGARDING THE SOLID WASTE FUND, TO
DIRECT STAFF TO WORK WITH THE EXECUTIVE COMMITTEE TO
PRIORITIZE PROJECTS WITHIN THE EXISTING BUDGET.
Motion carried unanimously.
HENDERSON MOVED TO AUTHORIZE THE EXECUTIVE TO ENTER
INTO THE CONTRACT AS REQUESTED. .
Motion carried unanimously.
12. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT AMENDMENT III FOR SOLID WASTE
CONTAINER AND TRANSPORT SERVICES FROM THE POINT ROBERTS
TRANSFER FACILITY WITH SANITARY SERVICE COMPANY AT AN
APPROXIMATE COST OF $24,000 ANNUALLY (AB93 -490)
Henderson reported that the Finance and Personnel Committee recommended
approval of this item.
HENDERSON MOVED TO APPROVE THE ITEM.
Motion carried unanimously.
13. PLANNING COMMISSION APPOINTMENTS FOR TWO VACANCIES THAT
EXPIRE 12/31/93 (AB93 -491)
Laidlaw listed the possible nominees.
The District I nominations: Warner nominated Lois Garlick. Vander Yacht
nominated Bob Moore and Orphalee Smith. Henderson nominated Doris Prather and
Sherilyn Wells.
The District III nominations: Brenner nominated Rod Erickson.
Laidlaw indicated, after some discussion, that these nominations would be
forwarded to the County Executive. The Executive will make an appointment for each
vacancy to be returned to the Council for confirmation.
Council Minutes, 12/7/93, Page 6
14. NOMINATIONS FOR VACANCIES OF VARIOUS BOARDS &
COMMISSIONS (AB93 -493)
SEWAGE CONTROL APPEALS BOARD
Mark Anderson (unincorporated area)
As no applications were received from the incorporated area, this vacancy will be
held open.
BOARD OF EQUALIZATION
Bernard Statema
SOLID WASTE ADVISORY COMMITTEE
Waste Hauler, Edward Nikula
Waste Recycler, John von Krusenstiern
Waste Disposal Facility, Bob Muenscher and Corky Smith, Jr.
PUBLIC INTEREST GROUP
Carl Weimer
CITIZEN
Nancy Keene
Laidlaw indicated that all of the nominations made above would be forwarded to
the Executive. The Executive will make the appointment and return her
recommendations to the Council for confirmation. After some discussion:
WARNER MOVED TO RECONSIDER THE PLANNING COMMISSION
APPOINTMENTS.
Motion carried 6 -1 with Imhof opposed.
WARNER MOVED TO VOTE ON THE NOMINATIONS FOR THE
PLANNING COMMISSION VACANCIES AND FORWARD ANY NAMES THAT
GET FOUR VOTES TO THE EXECUTIVE FOR CONSIDERATION.
Motion carried 4 -3 with Imhof, Laidlaw and Henderson opposed.
The Council then voted on the Planning Commission nominations as follows:
Council Minutes, 12/7/93, Page 7
Nominee
Warner
Vander Yacht
Henderson
Iaidlaw
Harris
Imhof
Brenner
Lois Garlick
Yes
No
Yes
No
Yes
No
Yes
(District I)
Bob Moore
No
Yes
No
No
No
No
Yes
(District 1)
Doris Prather
Yes
Yes
Yes
Yes
Yes
Yes
Yes
(District I)
Orphalee Smith
No
Yes
No
Yes
No
Yes
Yes
(District n
Sherilyn Wells
Yes
Yes
Yes
No
Yes
No
Yes
(District I)
Rod Erickson
Yes
Yes
Yes
Yes
Yes
Yes
Yes
(District III)
Therefore, the following names will be forwarded to the Executive for her
consideration in making recommended appointments: Lois Garlick, Doris Prather,
Orphalee Smith, Sherilyn Wells and Rod Erickson.
INTRODUCTION
1. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 17 (AB93 -486)
(SUGGESTED REFERRAL TO FINANCE)
Note: The Chair announced that two additional supplemental budget requests, one from
the Prosecutor's Office and one from the Sheriff, may be added as amendments to this
supplemental budget ordinance when it is considered by the Council.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
The December 21 meeting may be at noon.
The committee will review the supplemental budget request (introduced above) at
its December 14 meeting, with a final consideration by the full Council scheduled for
December 21.
Annexation (BRB93 -11): Henderson read a letter from Shirley Van Zanten into
record. The deadline for review has passed. The property is located at the east end of
Front Street.
Council Minutes, 12/7/93, Page 8
Annexation (BRB93 -10): The annexation request regarding land near Lynden,
west of the Guide, will be heard by the Boundary Review Board on December 15 (a new
hearing date), according to Henderson.
British Columbia - Whatcom County flood control matters (AB93 -502): Laidlaw
referred to a letter from Engineering Division employee John Matzinger about the
wonderful progress made, etc.
Warner moved to write a letter to the mayor of Abbotsford as requested by
Matzinger (see letter, on file) (AB93 -502).
Motion carried unanimously.
Whatcom Transit Authority General Update (AB93 -503): Henderson reported
on the WTA's activities regarding paratransit and other matters.
North Sound Regional Support Network (AB93 -138): Update by Henderson
regarding the Network's plan to seek State funding for certain health projects.
Northwest Regional Council Interlocal (AB93 -138): Henderson summarized
suggestions made to the Council in response to its inquiries sent to other counties.
Warner moved to accept the changes to the Interlocal Agreement. The Council
will ratify the agreement with the amendment that Whatcom County will have three
representatives (two Council, one executive), and with no changes to the term limits.
Motion carried 6 -1 with Laidlaw opposed..
Planning Commission Appointments (AB93 -491): Discussion ensued as to when
the executive should be requested to forward the appointments to the Council for
confirmation.
The Council agreed by majority consensus to schedule the confirmation of the
Executive's appointments for January 4.
The meeting was adjourned at 8:40 p.m.
ATTEST:
Ramona Reeves, Clerk of the Council
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
-*1 A4-�LWA-4)-
Marge 14idlaw, Chair
Council Minutes, 12/7/93, Page 9