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HomeMy WebLinkAboutCouncil September 14 1993WHATCOM COUNTY COUNCIL Regular Meeting September 14, 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 Larry Harris Bob Imhof Barbara Brenner Ken Henderson ANNOUNCEMENTS Laidlaw announced that the following item would be considered immediately: 14. DECISION ON PETITION FOR VACATION OF A PORTION OF GULF ROAD, FILED BY J.M. SHECKTER, CHERRY POINT INDUSTRIAL PARK LTD., ET AL (AB93 -085) (HEARING HELD 5/25) Imhof reported that the Public Services and Solid Waste Committee reviewed this matter. IMHOF MOVED THAT THE ROAD BE VACATED WITH THE APPRAISED VALUE OF THE ROAD BEING PAID TO THE COUNTY; THE EXACT VALUE AND APPROPRIATE AMOUNT TO BE PAID (INCLUDING WHETHER THE ROAD IMPROVEMENTS SHOULD BE INCLUDED OR NOT) CAN BE NEGOTIATED WITH THE COUNTY ENGINEER. Bill Chambers of Anvil Corporation brought forward an aerial photograph of the area in which the vacation is to take place, and Imhof explained it. Imhof and Laidlaw commented. Engineer Ed Henken indicated that although there are different methods that can be used in appraising, he supported the method used in this case. Henderson commented. Brenner also commented. Henken said a staff person should not be doing that sort of negotiation, in his opinion. Imhof rescinded the motion. IMHOF MOVED TO VACATE THE ROAD FOR THE PAYMENT OF $120,700. Motion carried unanimously. Council Minutes, 9114193, Page I HEARINGS 1. DECISION ON PETITION FOR VACATION OF A PORTION OF 6TH STREET, FILED BY W. DOUGLAS UHL (AB93 -269) Laidlaw opened the hearing. Douglas Uhl, petitioner: He explained the purpose he is seeking the vacation and some of the supporting facts. Imhof and Laidlaw commented. There were no other speakers, and the hearing was closed. BRENNER MOVED TO VACATE THE ROAD AS REQUESTED. Motion carried unanimously. OPEN SESSION Laidlaw invited members of the public to address the Council on any issue. Kurt Dessauer, President of Community Action for the Disabled: He alleged a recent act of discrimination by Imhof, who failed to stop a hearing from taking place in an accessible building (a Northwest Air Pollution Authority Board hearing), and also did not see that interpreter service was provided for the hearing impaired. He explained further. Dessauer asked the Council to remove Imhof from the Northwest Air Pollution Authority Board. Brenner commented. Laidlaw said the Council would want to address this, allowing Imhof time to respond. She asked if the Finance and Personnel Committee could review this matter, including the written complaint Mr. Dessauer said he had filed with the Justice Department. Dessauer insisted that Imhof be removed, even if only temporarily. Henderson and Imhof commented. Henderson said the Chair of the NWAPA Board should be the one to exercise authority over meeting locations. Laidlaw said she felt Committee review of specific grievances would be best. (See AB93 -376) HENDERSON MOVED TO SCHEDULE THIS MATTER FOR FINANCE COMMITTEE. Warner said he felt dismissal of Imhof from the Committee would be rash; Laidlaw agreed. She asked for something in writing from Dessauer. He said he would confer with people before deciding whether to comply. Henderson withdrew his motion and said this matter would be in Committee. Tom Anderson, Public Utility District No. 1: As manager of that district, he expressed concerns about a letter written by Brenner that indicate a misconception about the Public Utility District's relation to water associations in the County. He explained the Utility District's role in this process and asked for the Council to clarify its stance on certain issues. He said Brenner should get her facts straight and complained about unnecessary work created for him and his staff as a result of her letter. Henderson said he felt Anderson was thin skinned and indicated that Brenner was merely reporting concerns of water associations. Anderson responded. Brenner responded to Anderson that she was relaying concerns of water associations. She felt Anderson acted Council Minutes, 9114193, Page 2 inappropriately by coming before the Council with this complaint. Harris suggested that the Council address whether the County wants the memorandum of understanding between the PUD and the County to be eliminated. Warner said there have been no complaints raised to the Council. Brenner defended her position again, indicating that she was merely reporting what people had said to her. Henderson supported a working relationship with the PUD. Laidlaw suggested that Anderson and Brenner have private discussions to resolve any differences. Discussion ensued. Vander Yacht commented that the concerns of the small water associations need to be addressed as a high priority. David Davidson, consultant for the cities of Sumas, Nooksack and Everson: He is present on his own behalf; he was not sent by any of the cities. He does represent those cities on the Growth Oversight Committee and is aware of the proposal before the Council altar this evening regarding the urban growth boundaries. He urged the Council to adopt the urban growth boundaries this fall because that is the impression the small cities have been working under. Having those interim growth boundaries is necessary in order for the cities to proceed with plans for annexation. Terry Braunner, Box 807, Ferndale: He is a candidate for Ferndale City Council. He also addressed the urban growth boundaries issue and complained about lack of responsiveness from someone on Ferndale staff. He said there were not enough meetings on this issue. He felt the urban growth boundary plan from Ferndale was not ready for adoption at this time. OTHER ITEMS 1. APPOINTMENT TO FILL VACANCY ON THE CEMETERY DISTRICT NO. 6 BOARD OF COMMISSIONERS (AB93 -341) IMHOF MOVED TO APPOINT MR. CARR AS RECOMMENDED TO SERVE UNTIL THE NOVEMBER 1994 ELECTION. Motion carried unanimously. 2. REQUEST FOR CONFIRMATION OF JOAN TEZAK TO THE PARK AND RECREATION COMMISSION FOR A FIRST FOUR -YEAR TERM TO RUN FROM 7/1/93 TO 6/30/97 (AB93 -367) HENDERSON MOVED THAT THE COUNCIL CONFIRM THE APPOINTMENT. Harris commented and asked for more information about Tezaks' qualifications. Roger DeSpain, Parks Director,.. explained the interview,. selection process and Tezak's qualifications. Laidlaw said a letter should be sent to Tezak confirming her appointment. Henderson thanked DeSpain for the Board's work. Motion carried unanimously. 3. DISCUSSION WITH ED GOOD REGARDING THE DISPUTE RESOLUTION CENTER MEMO OF UNDERSTANDING SUGGESTED IN THE JANUARY COUNCIL RETREAT (AB93 -368) - Council Minutes, 9114193, Page 3 Hearing Examiner Ed Good and Mr. Ron Daloisio, director of the Dispute Resolution Center, presented information on the proposal to introduce dispute resolution in planning matters when appropriate. He referred to the memorandum of agreement (on file). He said there would be no change to the Hearing Examiner's office structure. However, when all parties are in agreement to negotiate certain contentious issues in a permitting process, they may step outside the regular permitting process and try to resolve them before coming before the Hearing Examiner and /or Council. The Council andlor Hearing Examiner may, at times, be asked to ratify a private agreement between the parties, he said. He commented further, crediting Civil Deputy Prosecutor Dan Gibson, Buildings and Codes Director Nate Brown, other County staff, Laidlaw and Daloisio. Daloisio spoke as well. Warner asked if the Council was being asked to take action. Good said this was merely a progress report, but he and Daloisio would like to sign the agreement within a few days. Warner asked questions; Good and Daloisio responded. Comments were made by Harris, Laidlaw and Brenner. Good introduced Elaine Gould and Mr. Rothstein, who also were involved in this process. No action was taken. 4. 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) (PENDING RECOMMENDATION FROM FINANCE) Henderson explained this item and reported that Finance voted to support the request. HENDERSON SO MOVED. The appropriation of the funds will come with the budget amendment. There were comments by Laidlaw, Imhof, Henderson, Brenner, Vander Yacht, Harris, Environmental Health Employee Bob Kloc, Council Budget and Program Analyst Bob Woods and Health Department Director Frank James. Motion carried 4 -3 with Imhof, Brenner and Laidlaw opposed. 5. BID AWARD FOR SILVER LAKE PILING REPAIRS TO THE LOW BIDDER, ELDRED & ESSEX CONSTRUCTION INC., FOR $26,875 INCLUDING TAX (AB93 -356) Henderson reported that Finance reviewed the item and recommended approval. HENDERSON SO MOVED. Comments were made by Laidlaw and DeSpain. Motion carried unanimously. 6. BID AWARD RECOMMENDATION FOR JUVENILE DETENTION HEAVY DUTY FURNISHINGS TO MODUFORM, INC., FOR $42,250.43 INCLUDING TAX (AB93 -357) Henderson reported that Finance reviewed the item and recommended approval. Council Minutes, 9114193, Page 4 HENDERSON SO MOVED. Comments were made by Brenner, Henderson, Vander Yacht, Warner, Laidlaw and Woods. Motion carried 6 -1 with Brenner opposed. 7. REQUEST FOR APPROVAL FOR EXECUTIVE TO ENTER INTO A CONTRACT WITH MOUNTAIN VIEW GROUP HOME FOR COMMUNITY ACCESS SERVICES FOR ONE DEVELOPMENTALLY DISABLED PERSON (AB93 -358) Henderson reported that Finance reviewed the item and recommended approval. HENDERSON SO MOVED. Comments were made by Brenner, Warner and Henderson. Motion carried unanimously. 8. REQUEST FOR APPROVAL FOR EXECUTIVE TO ENTER INTO A CONTRACT WITH OSPREY ENVIRONMENTAL SERVICES FOR A BICYCLE CIRCULATION PLAN FOR $15,000 (AB93 -359) Henderson reported that Finance reviewed the item and recommended approval. HENDERSON SO MOVED. Comments were made by several Council Members. Motion carried unanimously. 9. REQUEST FOR THE COUNCIL TO PASS A MOTION TO AUTHORIZE THE EXECUTIVE TO SIGN AN EXTENSION TO THE INTERLOCAL AGREEMENT FOR THE REGIONAL TRANSPORTATION PLANNING ORGANIZATION (AB93 -360) Henderson reported that Finance reviewed the item and recommended approval. HENDERSON SO MOVED. 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) Council Minutes, 9114193, Page 5 Warner reported that Planning and Development discussed this item at length earlier in the day and 2 -1 recommended approval. There was discussion before and after each motion made below. WARNER MOVED TO ADOPT THE SUBSTANTIVE ORDINANCE, THE EXHIBIT A ONLY, AMENDING THE LANGUAGE ON PAGE 86 OF THE PACKET (PAGE 3 OF THE AMENDED EXHIBIT A), AS FOLLOWS: AFTER THE WORDS "... OR CONTROLLED BY THE LANDOWNER OR TENANT_," ADD THE WORDS, "OR WITH SOME LIMITATIONS AS MAY BE IMPOSED BY THE HEARING EXAMINER ". HENDERSON MOVED TO AMEND THE MAIN MOTION TO INDICATE AN AMENDMENT TO THE TEXT ON PAGE 87 OF THE PACKET TO REDUCE THE BUFFER AREA FROM 500 FEET TO 300 FEET, SECTIONS 43.158 AND 42.156, UNDER AGRICULTURAL AND RURAL DESIGNATION ONLY. The amendment failed 4 -3 with Imhof, Vander Yacht and Henderson in favor. HENDERSON MOVED TO AMEND THE ORDINANCE TO HAVE EASEMENTS RECORDED ON PROPERTIES, APPLYING IN ANY AREA WHERE THERE IS AN ALLOWANCE FOR PROPERTY OWNERS TO GRANT AN EASEMENT FOR THIS PURPOSE. HE THEN SAID IT WOULD BE RECORDING ON THE PLAT OF THE PROPERTY ALLOWING THE EASEMENT. Warner suggested the following language instead: "NEIGHBORS WHO GRANT EASEMENTS ALLOWING AIRCRAFT OWNERS A DECREASED SETBACK SHALL RECORD SUCH EASEMENTS ON THEIR DEEDS." Henderson accepted this as a substitute to his motion to amend. Then Warner said he would accept the wording as a friendly amendment to the main motion. HENDERSON MOVED TO AMEND THE ORDINANCE, PAGE 87 OF THE PACKET, SECTION 20.43.158, STRIKE ON THIRD LINE "EXCEPT THAT A LEGAL AFFIDAVIT .. ON THEIR PROPERTY." HENDERSON ALSO ADDED THAT SECTION 40.43.104 SHOULD BE SIMILARLY AMENDED. Motion to amend failed 5 -2 with Harris and Henderson in favor. The main motion carried 5 -2 with Harris and Laidlaw opposed. 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 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: TTTLE 20.94 REGARDING ENFORCEMENT AND PENALTIES; AND TITLE 20.97, REGARDING DEFINITIONS (AB93 -310) Council Minutes, 9114193, Page 6 Warner explained that the Planning and Development Committee reviewed this item and recommended approval. WARNER MOVED TO ADOPT THE ORDINANCE, THE PROPOSED TEXT CHANGE, WITH THE PROVISION IT BE EFFECTIVE ONE YEAR HENCE (he later specified the effective date would be September 14, 1994). There was discussion. Motion carried 6 -1 with Brenner opposed. Discussion ensued again. 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) Warner reported that the matter should be referred to the Planning Commission. 1+dn N►1:3 RK02 klyj[91 " �a Motion carried unanimously. 13. DISCUSSION WITH PLANNING REGARDING URBAN GROWTH BOUNDARIES (AB93 -347) Warner reported that the Planning and Development Committee recommend to Council to affirm the Planning Commissions unanimous vote to proceed. WARNER SO MOVED. BRENNER MOVED TO AMEND THE MOTION TO HAVE STAFF WRITE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT REQUESTING AN UNDEFINED AMOUNT OF LEEWAY AND ASK IF CAN JUST WORK ON FINAL URBAN GROWTH BOUNDARIES INSTEAD OF WORKING ON THE INTERIM AND THE PERMANENT ONES AT THE SAME TIME. There was discussion. Motion to amend failed 4 -3 with Henderson, Vander Yacht and Brenner in favor. Discussion ensued on the main motion. Motion carried 6 -1 with Brenner opposed. ADDENDUM ITEM: 15. RESOLUTION REGARDING IMPLEMENTATION OFTHE LAKE WHATCOM WATERSHED URBANIZATION PROGRAM (AB93 -347A) Council Minutes, 9114193, Page 7 Harris explained the purpose of the resolution and the process that led to its proposal. Comments were made by Brenner, Harris, Imhof, Vander Yacht, Laidlaw and Henderson. HARRIS MOVED TO PASS THE RESOLUTION. Laidlaw suggested amendments to attachment A, the portion that says "summary": it should say "of discussion items affecting the Lake Whatcom Watershed," and action 1, eliminate the words "adopt regulations permitting, change to "consider revising ... ", action 2 instead of starting with the word "revise," say "review, ". Action 3 and 4 can stay as is. Harris withdrew his motion. LAIDLAW MOVED TO AMEND ATTACHMENT A TO THE RESOLUTION AS INDICATED ABOVE, WITH THE COUNCIL TAKING NO ACTION ON THE SECTION CALLED "PROCESS "; THE "PROCESS" SECTION SHOULD BE REVIEWED FURTHER BY THE WATER RESOURCES COMMITTEE. Harris clarified that the Committee will work on changing the format of the process section to indicate these issues have not already been decided. Motion carried unanimously. ADDENDUM ITEM: 16. EMERGENCY ORDINANCE TO REVISE THE 1993 HEALTH FUND APPROPRIATION (AB93 -373) The ordinance itself was withdrawn. Henderson explained this item and said the Finance Committee determined the request should be included in the regular budget supplemental ordinance (request number 14) slated to be on the September 28 meeting agenda. HENDERSON MOVED TO HAVE THE COUNCIL SUPPORT THE HEALTH DEPARTMENT SEEKING FUNDING FROM FEDERAL SOURCES IN THE APPROXIMATE AMOUNT OF $14,000 FOR CAPITAL PURPOSES. Motion carried unanimously. THE COUNCIL INDICATED THAT THE CLERK SHOULD ADVERTISE THE COUNCIL'S INTENT TO POSSIBLY AMEND THE UPCOMING SUPPLEMENTAL BUDGET REQUEST (NUMBER 14). KEN SO MOVED. Motion carried unanimously. ADDENDUM ITEM 3A. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION ON H.E. FILE NUMBER CUP92 -0045, RETREAT FACILITY, FILED BY WALTER AND BEVERLY GUNDERSON (THIS MATTER HAD BEEN REMANDED TO THE HEARING EXAMINER AND NOW IS RETURNED TO THE COUNCIL FOR CONSIDERATION) (AB93 -083) Council Minutes, 9114193, Page 8 GENDERSON APPEAL (AB3 -083): After some discussion of this item, which appeared on an addendum to the Council's agenda (see above the "introduction" section): BRENNER MOVED THAT THE COUNCIL GO INTO EXECUTIVE SESSION, AS AUTHORIZED BY STATE LAW, TO RECEIVE ADVICE FROM ITS ATTORNEY ON A QUASI - JUDICIAL MATTER. Motion carried 4 -3 with Harris abstaining and Warner and Imhof opposed. The Council closed its meeting to the public for about five minutes then reconvened. HENDERSON MOVED TO UPHOLD THE HEARING EXAMINER. Motion carried 5 -1 with Brenner opposed, Harris abstaining and absent. Endorsement of Grant for Library Computer Link (AB93 -370): BRENNER MOVED TO HAVE LAIDLAW WRITE A LETTER ON BEHALF OF THE COUNCIL. Motion carried unanimously with Harris absent. WATER DISTRICT 10 LETTER (AB92 -246): Ken Henderson asked staff to write to Strode to indicate the Council has not changed its position. Rome Grange (AB93 -374): Henderson suggested the Council send a letter supporting the Rome Grange's efforts to improve the Mount Baker Highway and support the granting of recognition to the Grange. BRENNER MOVED THAT HENDERSON SHOULD DRAFT SUCH A LETTER AND SEND IT ON BEHALF OF THE COUNCIL. No vote was taken on the motion. (Clerk's Note: The general consensus was that Henderson should draft and send said letter.) Budget Schedule for Fall (AB93 -371): Council Members were alerted to the existence of the schedule of budget deliberations. Water District 10 mediation (AB92 -246): Henderson read a summary position filed by Chief Civil Deputy Prosecutor Randy Watts regarding the Water District 10 matter (not on file; Clerk did not receive a copy). Essentially, Watts indicated that the County is satisfied that the burden of proof (as to the best possible location for the proposed sewer line) had been met by Water District 10, and if the Board concurs, the County would not object to the issuance of a permit. Henderson said he felt this was a misinterpretation of the Council's stance on this issue and of the direction given to Watts during executive sessions in the past. There was general agreement among Council Members. Laidlaw said Council Minutes, 9114193, Page 11 the Council should get an amendment to Watt's statements in very - quickly. It was her understanding, she said, that the Council had no objection to sewer as long as lots of conditions were met. HENDERSON MOVED TO SEND CLARIFICATION TO THE APPROPRIATE BODY THAT THE COUNCIL INTENDED FOR SIX CONDITIONS TO BE MET PRIOR TO THE COUNTY LIFTING ITS OBJECTIONS TO THE WATER DISTRICT'S PROPOSAL. The Clerk was asked to notify Watts of this action. The Council agreed that Henderson and Harris should draft the letter. Motion carried unanimously with Harris absent. The meeting adjourned at 10:10 p.m. ATTEST: Ramona peeves, Clerk of the Council WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON i O ... Council Minutes, 9114193, Page 12