HomeMy WebLinkAboutCouncil January 12 19931 WHATCOM COUNTY COUNCIL
? Regular Meeting
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4 January 12, 1993
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6 The meeting was called to order at 7 p.m. in the Council Chambers, 1000 N. Forest
7 St., 2nd floor, by Marge Laidlaw, Chair.
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9 Also present: Absent:
10 Barbara Brenner
11 Larry Harris
12 Ken Henderson
13 Bob Imhof
14 Dennis Vander Yacht
15 Dan Warner
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17 Laidlaw recognized the attendance of Boy Scout Troop No. Seven.
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19 PRESENTATION
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21 R /UDAT presentation.
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23 Topics discussed: Charts and booklets handed out by Jim Zervas; the history of the
1 R /UDAT program; the possibility of the County and City working together more than they
z,5 have in the past; the focus of any further expansion of the downtown core to go to the south
26 rather than to the north; parking on the outskirts of the expansion site rather than building
27 a parking garage in the middle of the site; creating a cultural center; creating a Native Arts
28 Center; pedestrian environment enhancement; the central business center; enhancement of
29 the nightlife atmosphere; enhancing the existing buildings; need for a design review;
30 waterfront areas; using the Whatcom Creek as a border for the Civic Center; the possibility
31 of a having a 200 foot setback on each side of the Whatcom Creek: the need for a link to
32 the waterfront; short term goals, including taking care of the parking problems and placing
33 trees and street furniture around the courthouse expansion project area; the Thursday,
34 January 14, 4:30 meeting at 11 Fiasco.
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36 Speakers: Jim Zervas; Terry Moore; Bob Ross; Brenner, Laidlaw.
37
38 EXECUTIVE ITEMS
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40 1. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
41 INTO AN AGREEMENT WITH ENVIRONMENTAL RESOURCE
42 SERVICES FOR WASTE REDUCTION AND RECYCLING EDUCATION
43 AND PROMOTION PROGRAM FOR $118,000 (OF WHICH 60% IS
44 REIMBURSED BY THE DEPARTMENT OF ECOLOGY) (AB93 -007)
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Henderson reported for Finance and recommended approval.
HE SO MOVED
The motion carried unanimously.
2. REQUEST FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT
WITH ENVIRONMENTAL RESOURCE SERVICES FOR COMMERCIAL
WASTE EVALUATION AND TECHNICALASSISTANCE SERVICE FOR
$44,992 (AB93 -008)
Henderson reported for Finance and recommended approval.
HE SO MOVED
The motion carried unanimously.
3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT WITH AAR TESTING LABORATORY, INC.,
FOR ADDITIONAL CONCRETE AND STEEL TESTING WITH
INSPECTION SERVICES ON COURTHOUSE ADDITION, PHASE II
FOR $10,972 (AB93 -009)
Henderson reported for Finance and recommended approval.
HE SO MOVED.
There was discussion on the motion.
The motion carried 5 -2, with Brenner and Laidlaw opposed
4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO A FIVE -YEAR PURCHASE AGREEMENT WITH IBM FOR
COMPUTER UPGRADE FOR $67,750 (AB93 -010)
Henderson reported for Finance and recommended approval.
HE SO MOVED
The motion carried unanimously.
5. REAPPOINTMENT OF KAREN NEUBAUER TO A SECOND FULL
THREE -YEAR TERM ON THE DEVELOPMENTAL DISABILITIES
Council Minutes, 1112193, Page 2
1 BOARD TO RUN FROM 1/1/93 TO 12/31/95 (AB93 -006)
3 HENDERSON MOVED TO APPOINT KAREN NEUBAUER TO A SECOND
4 TERM ON THE DEVELOPMENTAL DISABILITIES BOARD.
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6 The motion carried unanimously.
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8 6. REAPPOINT OF SHARRON CRAWFORD TO A SECOND FULL
9 THREE-YEAR TERM ON THE DEVELOPMENTAL DISABILITIES
10 BOARD TO RUN FROM 1/1/93 TO 12/31/95 (AB93 -006)
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12 HENDERSON MOVED TO APPOINT SHARRON CRAWFORD TO A SECOND
13 TERM ON THE DEVELOPMENTAL DISABILITIES BOARD.
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15 The motion carried unanimously.
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17 7. EXECUTIVE'S REPORT
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19 Tom Sutberry, Deputy Administrator, spoke about the citation issued to the County
20 by Labor and Industries for failure to evacuate the entire courthouse during a gas leak. The
21 report was given to the Finance Committee at its afternoon meeting; copies are available
22 for Council members. Henderson clarified for Finance. The fine imposed is $2,250, but the
23 Executive is exploring the possibility of appealing.
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L5 OPEN SESSION
26
27 Sherilyn Wells, 1020 Geneva: Spoke on the proposal regarding the Wilder Ranch
28 rezone (AB93 -004). She referred to an article in the Whatcom Watch (copy given to each
29 Council Member). She encouraged the Council to stand behind the recommendation of the
30 Planning Department.
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32 Lloyd Austin, 1838 Lakeside: (AB93 -004) Said he just wanted to second what Sherilyn
33 Wells said.
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35 Steve Mach, on the Guide near Laurel: (AB93 -004) Urged Council to seriously
36 consider the research that has already been done on Cordata North's proposed location and
37 to support the Planning Department's recommendation.
38
39 Oliver Zurbel, 503 Gladstone: (AB93 -004) Spoke to the issue of urban sprawl and
40 expressed his concern about the sprawling he sees taking place in Bellingham area. He, too,
41 supports Sherilyn Wells.
42
43 Betty Vargas, Acme: Spoke about the Nooksack Casino's applying for a liquor
44 license. She is on the Mt. Baker School Board and is worried because the schools are in
Council Minutes, 11-12193, Page 3
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that area and about the safety of the students.
Jean Gorton, 1313 Commercial, for Trillium Corporation: (AB93 -004) Spoke to the
Wilder Ranch Rezone. She asked for a public hearing on this issue. She explained that this
was a close call for the Planning Commission, 5 -4. She said she does not feel that the
Council knows all the facts because they have not been present at all the presentations
made to the Planning Commission. She would like to present all the information to the
Council in a public forum.
Donna Macomber, 159 Larson Rd.: (AB93 -004) Spoke to the Cordata North issue
and asked the Council to support the recommendation coming from the Planning Committee
this afternoon and deny the rezone. She would, however, not be unhappy to go to a hearing.
HEARINGS
1. ORDINANCE AMENDING ORDINANCE NO. 89 -56 ASSIGNING THE
NON - EXCLUSIVE FRANCHISE FROM GLACIER CABLE PARTNERS
LIMITED TO TCI CABLEVISION OF WASHINGTON, INC. (AB92 -490)
Laidlaw explained this item.
Laidlaw opened the public hearing.
Dan Crocker, TCI Cablevision: Wanted the Council to know he was in attendance
to answer any questions.
Seeing no one else, Laidlaw closed the public hearing.
WARNER MOVED ADOPTION OF THE ORDINANCE
The motion carried unanimously.
2. RESOLUTION TO SELL WHATCOM COUNTY SURPLUS PERSONAL
PROPERTY FROM THE NOR -BELL FACILITY PURSUANT TO WCC
1.10 (AB92 -480A)
Laidlaw opened the public hearing.
Seeing no one, Laidlaw closed the public hearing.
WARNER MOVED DUE PASS OF THE RESOLUTION.
The motion carried unanimously.
Council Minutes, 1112193, Page 4
OTHER ITEMS
1. CONSIDERATION OF REZONE AMENDING THE CHERRY POINT -
FERNDALE SUBAREA COMPREHENSIVE PLAN MAP FROM UR TO
LI PARK AND THE OFFICIAL WC ZONING MAP FROM UR3 TO LH
FOR APPROXIMATELY 40 ACRES (AB93 -005)
Warner reported for Planning and Development and recommended denial of the
rezone.
HE SO MOVED.
There was discussion on the motion.
Warner withdrew his motion.
WARNER MOVED TO APPROVE THE REZONE.
There was further discussion.
Warner withdrew his motion.
WARNER MOVED TO SUPPORT THE RECOMMENDATION OF THE
PLANNING DEPARTMENT AND RECOMMEND DENIAL OF THE REZONE.
The motion carried unanimously.
2. CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION
TO DENY COMP PLAN MAP AND ZONING MAP AMENDMENT
FROM RURAL (R10A TO R5A) TO URBAN RESIDENTIAL (UR3) FOR
APPROX. 565 ACRES TO GENERAL COMMERCIAL (GC) FOR
APPROX.15 ACRES IN THE URBAN FRINGE SUBAREA REQUESTED
BY THE TRILLIUM CORP ON BEHALF OF CAITAC USA, PROPERTY
OWNER (AB93 -004)
Warner reported for Planning and Development and recommended denial of the
rezone. Laidlaw pointed out that the final E.I.S. was published January 8, 1993, therefore,
no action can be taken until January 16, 1993.
IMHOF MOVED TO HOLD A PUBLIC HEARING.
There was discussion on the motion.
Topics discussed: Responsibility to the public; timing the hearing after the Urban
Council Minutes, 1112193, Page 5
1 Fringe Plan is done; role of the Planning Commission; need to allow as much public input
? as possible; necessity for a public hearing; lack of need for further input; impact on Council
3 staff.
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5 Speakers: Harris; Henderson; Brenner, Vander Yacht, Warner.
6
7 The motion carried 5 -2, with Warner and Harris opposed.
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9 There was discussion on the location for the hearing and the costs involved. The
10 consensus was to attempt to schedule the hearing at either the Meridian school or in the
11 Bellingham City Council Chambers.
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13 3. CONSIDERATION OF REQUEST TO AMEND CHERRY POINT -
14 FERNDALE SUBAREA COMP PLAN AND OFFICIAL WC ZONING
15 MAP FOR APPROX. 14 ACRES IN SECTION 5, TOWNSHIP 39N,
16 RANGE 2 E, FROM RURAL FIVE ACRES TO GENERAL
17 COMMERCIAL (AB93 -419)
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19 Warner reported for Planning and Development, reviewed the history of the
20 ordinance, and recommended approval of the prepared ordinance.
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22 WARNER MOVED TO ADOPT THE DRAFT ORDINANCE.
23
1 The motion carried 6 -1, with Harris opposed.
1,5
26 4. ORDINANCE REORGANIZING WHATCOM COUNTY GOVERNMENT
27 THROUGH REPEAL OF CERTAIN EXISTING DEPARTMENTS,
28 CREATION OF NEW DEPARTMENTS, AND ESTABLISHMENT OF
29 FUND AND COMMISSION (AB92 -391B)
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31 WARNER MOVED APPROVAL OF THE ORDINANCE.
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33 WARNER MOVED TO AMEND ATTACHMENT B, CHAPTER 2.75
34 TRANSPORTATION SERVICES DEPARTMENT, LINE 32 IS TO BE AMENDED TO
35 READ "..DEPARTMENT WILL BE RESPONSIBLE FOR DESIGN, REPAIR,
36 CONSTRUCTION AND MAINTENANCE OF BUILDINGS, FACILITIES, VEHICLES
37 AND RELATED EQUIPMENT, ALONG WITH RIVER IMPROVEMENTS, DIKES..."
38
39 Topics discussed: Original view of the Maintenance Department; number of
40 employees in the Department of Building Maintenance; pros and cons of a small
41 department; some of the topics brought up during the public hearing; Executive's
42 suggestions; clarification of sizes of several departments; reasons for breaking up the current
43 Public Works Department.
44
Council Minutes, 1112193, Page 6
Persons speaking: Imhof; Warner; Laidlaw; Henderson; Harris; Bob Woods, Budget
Analyst.
The motion carried 6 -1, with Henderson opposed.
WARNER MOVED TO AMEND THE ORDINANCE BY MAKING
PERMITTING AND ENFORCEMENT A SEPARATE DEPARTMENT FROM THE
PLANNING DEPARTMENT.
Topics discussed: Increasing /decreasing number of departments; differences between
planning and enforcement; potential names for each department; concerns of Dr. Frank
James, Health Officer; Council's role in administering departments; having both Permitting
and Planning under a single administrative head; need for coordinated service approach;
work rationales between planning and enforcing.
Persons speaking: Warner; Henderson; Imhof; Harris; Vander Yacht.
The motion failed 3 -4 with Warner, Imhof, and Vander Yacht in favor.
IMHOF MOVED TO AMEND THE ORDINANCE ON PAGE 113, LINE 10,
CHANGING THE DATE OF APRIL 2, 1993 TO JUNE 30, 1993, AND ON PAGE 112,
LINE 4, LINES 9 AND 10, LINES 12 AND 13, CHANGING THE EFFECTIVE MAY 1,
1993, DATES TO JANUARY 1, 1994 AND THROUGHOUT THE ORDINANCE AS
APPROPRIATE FOR IMPLEMENTATION DATES.
Topics discussed: Easier implementation; smoother budget process; pros and cons of
date extensions; need for departmental meetings for planning purposes; employee security
in the changes.
Yacht.
Persons speaking: Imhof; Woods; Warner; Laidlaw; Brenner; Henderson; Vander
Imhof's motion failed 3 -4, with Warner, Imhof, Vander Yacht in favor.
WARNER MOVED TO AMEND THE ORDINANCE BY CHANGING THE
DATES FOR THE ORDINANCES TO BE APPROVED TO JUNE 30, 1993, WITH
IMPLEMENTATION ON OCTOBER 1, 1993.
Topics discussed: Support of May 4 ordinance date; divisions by yearly quarters;
timeframe around time of move to Nor -Bell in June; 1994 budget process timing.
Persons speaking: Warner; Henderson; Brenner; Laidlaw; Harris.
The motion failed 3 -4, with Harris, Warner and Vander Yacht in favor.
Council Minutes, 1112193, Page 7
VANDER YACHT MOVED TO AMEND THE ORDINANCE BY CHANGING
THE DATE FOR IMPLEMENTATION TO NOVEMBER 1, 1993, WITH THE
ORDINANCE DUE DATE BY JUNE 30, 1993.
The motion passed 4 -3, with Laidlaw, Brenner, and Henderson opposed.
HENDERSON MOVED TO AMEND THE ORDINANCE BY CHANGING THE
NAME OF PLANNING, PERMITTING, AND ENFORCEMENT DEPARTMENT TO
PLANNING AND DEVELOPMENT SERVICES.
The motion carried unanimously.
WARNER MOVED TO AMEND THE ORDINANCE BY CHANGING THE
NAME OF TRANSPORTATION SERVICES TO MAINTENANCE AND
TRANSPORTATION SERVICES DEPARTMENT.
The motion carried unanimously.
The amended ordinance was adopted 6 -1, with Imhof opposed.
5. APPOINTMENTS TO BOARDS & COMMISSION - BOARD OF
EQUALIZATION AND SOLID WASTE ADVISORY COMMITTEE - 1
VACANCY ON EACH (AB92 -472)
WARNER MOVED TO SUSPEND THE RULES AND TO NOMINATE AND
APPOINT VIRGINIA WALSH TO THE BOARD OF EQUALIZATION.
The motion carried unanimously.
BRENNER NOMINATED CARL WEIMER TO SERVE ON THE SOLID WASTE .
ADVISORY COMMITTEE.
IMHOF NOMINATED MARK BUEHRER TO SERVE ON THE SOLID WASTE
ADVISORY COMMITTEE.
Carl Weimer was chosen by a vote of 4 to 3.
6. CLARIFICATION FROM THE EXECUTIVE ON THE
ADMINISTRATION'S PLAN FOR, OR POSITION ON, APPLYING FOR
VARIOUS FUNDS (AB92 -491)
Henderson reported for Finance.
Topics discussed: Various grant applications; date changes in application deadlines;
Council Minutes, 1112193, Page 8
concerns from Bob Imhof brought up at a previous meeting; other enhancements besides
Paths and Trails; request for Finance to schedule consideration for funding the non-,
motorized transportation plan. It was agreed to have the Finance Committee schedule this
issue.
Speakers: Laidlaw; Ed Henken, Engineering; Henderson; Jay Tabor.
7. RESOLUTION ACCEPTING THE TREASURER'S LIST OF PROPERTY
TAX REFUNDS (AB93 -014)
Henderson reported for Finance and recommended approval.
HE SO MOVED
The motion carried unanimously.
8. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM
COUNTY SURPLUS PERSONAL .PROPERTY "DAMAGES IN TORT
ACTIONS," A SET OF LAW BOOKS, AND THE SETTING OF A DATE
FOR PUBLIC HEARING THEREON PURSUANT TO WCC 1.10 (AB93-
013)
Henderson reported for Finance and recommended approval.
HE SO MOVED
The motion carried unanimously.
9. RESOLUTION ORDERING SEGREGATION (93 -1) OF PARCELS 9, 12,
& 13 WITHIN. LRID #9 FILED BY DAVID EVANS & ASSOC. FOR
TRILLIUM CORPORATION (AB92 -486)
Held in Finance and Personnel Committee.
10. RESOLUTION ORDERING SEGREGATION (92 -2) OF PARCELS 19 &
20 WITHIN LRID, FILED BY DAVID EVANS & ASSOC. FOR
TRILLIUM CORPORATION (AB92 -487)
Henderson reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
Council Minutes, 1112193, Page 9
I, INTRODUCTION
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4 1. ORDINANCE GRANTING NON - EXCLUSIVE FRANCHISE TO
5 GLENHAVEN LAKES CLUB WATER ASSOCIATION FOR A PERIOD
6 OF 25 YEARS PURSUANT TO STATE LAW AND SECTION 9.30 OF
7 THE WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE
8 AND MAINTAIN WATER MAINS AND WATER DISTRIBUTION LINES
9 ALONG CERTAIN ROADS WITHIN THE UNINCORPORATED AREAS
10 OF WHATCOM COUNTY (AB92 -484)
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12 2. RECEIPT OF APPLICATION FOR CHANGE OF CLASSIFICATION TO
13 OPEN SPACE /TIMBER, FILED BY SUSAN FLINT (AB93 -002)
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15 3. RECEIPT OF APPLICATION FOR CHANGE OF CLASSIFICATION TO
16 OPEN SPACE /TIMBER FILED BY MYRTLE VANDER YACHT AND
17 DONNA FELLER (AB93 -003)
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19 4. ORDINANCE AMENDING THE 1993 BUDGET (AB93 -011)
20
21 5. ORDINANCE REGARDING THE MATTER OF PLACING STOP SIGNS
22 ON VARIOUS COUNTY ROADS (AB93 -012)
23
1 6. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM
z5 COUNTY SURPLUS PERSONAL PROPERTY 'DAMAGES IN TORT
26 ACTIONS ", A SET OF LAW BOOKS, PURSUANT TO WCC 1.10 (AB93-
27 013A)
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29 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
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31 Brenner brought up the issue of the Liquor License application by the Nooksack
32 Casino. She would like the Council to write a letter requesting a postponement by the
33 Liquor Control Board, if possible, or a denial of the license if postponement is not possible.
34
35 Topics discussed: Time constraints; possible actions; applicant reapplication if denied;
36 need for Council to hear the issue.
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38 Persons speaking: Brenner; Vander Yacht; Laidlaw; Henderson.
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40 BRENNER MOVED THAT THE CHAIR WRITE A LETTER TO THE STATE
41 LIQUOR CONTROL BOARD REQUESTING A POSTPONEMENT OF THE LIQUOR
42 LICENSE REQUEST BY THE NOOKSACK TRIBE FOR THEIR CASINO ON THE
43 MT. BAKER HIGHWAY SO THAT THE WHATCOM COUNTY COUNCIL CAN
44 BECOME INVOLVED AND MAKE A RECOMMENDATION.
Council Minutes, 1112193, Page 10
The motion carried unanimously.
3 BRENNER MOVED TO REQUEST THAT LIQUOR CONTROL BOARD DENY
4 THE APPLICATION IF POSTPONEMENT IS IMPOSSIBLE, ALLOWING THE
5 WHATCOM COUNTY COUNCIL TO PUBLICLY PROCESS THIS CRITICAL
6 MATTER, AND ALLOWING THE NOOKSACKS TO REAPPLY IN THE FUTURE
7 AFTER THE COUNTY HAS HAD TIME TO MAKE A RECOMMENDATION TO THE
8 LIQUOR CONTROL BOARD.
9
10 Topics discussed: Legality of Council involvement; time constraints; Council
11 members' need for further information; Council jurisdiction; necessity of public process;
12 isolation of Deming with no motels, bed and breakfasts, taxis for servicing drinkers.
13
14 Persons speaking: Randy Watts, Chief Civil Deputy Prosecutor; Brenner; Henderson;
15 Laidlaw; Harris; Vander Yacht.
16
17 Hubert Williams; spokesman for the Nooksack Tribe: He is for the Casino. He stated
18 that the Tribe has been working with the State of Washington for the past 18 months to
19 work out this deal. There have been many public meetings and public hearings fOne of the
20 main concerns is that people under 21 might gain entrance into the Casino and therefore
21 access to liquor. He said that there have also been meetings with the Mt. Baker School
22 Board about their mutual concerns and with the Department of Transportation about road
23 safety. He said the Nooksacks are aware of the community concern regarding alcohol and
I are also concerned about the children.
2.5
26 Betty Vargas: Restated her concerns mentioned during Open Session. She said she
27 supports the motion made by Brenner.
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29 The motion carried 4 -3, with Harris, Laidlaw and Imhof opposed.
30
31 Harris asked about a letter written to the Executive regarding the Cowden Gravel,
32 stating that he had never been given a copy, and would like one.
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34 He also brought up the possibility of a spring flood and would like to request the
35 Executive to be prepared, asking for help in Emergency Services, etc. Ed Henken stated that
36 contingency plans are being made between Emergency Management and the County.
37
38 Brenner stated that she had recently received a call from a Viet Nam vet who asked
39 about County money allocated to the Veterans Relief Fund; he would like a small salary for
40 the .work he does staffing the Veterans' Office.
41
42 BRENNER MOVED TO HAVE THE COUNTY EXECUTIVE OR HER STAFF
43 REPORT TO THE FINANCE COMMITTEE WITHIN A MONTH ON THE
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Council Minutes, 1112193, Page 11
1 AVAILABILITY OF FUNDS TO PAY FOR A SALARY FOR THE VETERANS'
OFFICE.
3
4 Woods clarified how this could be made to work through the budget process.
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6 Brenner withdrew her motion.
7
8 Warner updated Council on the County -wide Planning Policies meeting at Sehome
9 on Jan. 28, 1993, outlining the issues that will be discussed at the meeting and the expected
10 schedule for completion of the policies. Planning is hoping for adoption on February 23,
11 1993.
12
13 Laidlaw said that Council had received the second part of the report on Building and
14 Codes. The Council has three options: send it on to the prosecutor, schedule it for further
15 Council discussion, or do nothing with it. Consensus was to schedule it for discussion at a
16 later date.
17
18 Sudden Valley news article concerning the appeal to the Shorelines Hearing Board
19 abut the sewer line was discussed with Watts. The current attempt is to try to settle out of
20 court; the news article is misleading.
21
22 Laidlaw asked about the need for additional copies of the Environmental Impact
23 Studies as they are done. It was decided that two copies are sufficient.
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Randy Watts stated that the injunction on the Critical Areas Ordinance Referendum
was filed today at 4:30 p.m. and the County has a temporary stay.
The meeting was adjourned at 10:30p.m.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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34 —
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36 "Dana ' s, t Clerk Marge Ilidlaw, Chair
Council Minutes, 1112193, Page 12