HomeMy WebLinkAboutCounty Council August 11 19921 WHATCOM COUNTY COUNCIL
2 Regular Meeting
3 August 11, 1992
4 The meeting was called to order at 7 p.m. in the Council Chambers, 1000 N. Forest,
5 2nd floor, by Daniel Warner, Chairman.
6 Present: Absent:
7 Barbara Brenner Larry Harris
8 Ken Henderson
9 Bob Imhof
10 Marge Laidlaw
11 Dennis Vander Yacht
12 EXECUTIVE ITEMS
13 1. REQUEST FOR AUTHORIZATION TO ENTER INTO AN
14 AGREEMENT WITH ENVIRONMENTAL RESOURCE SERVICES FOR
15 $26,892 TO PROVIDE HOUSEHOLD HAZARDOUS WASTE
16 EDUCATION AND PROMOTION SERVICES (AB92 -330)
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Shirley Van Zanten, County Executive, explained the issue.
Laidlaw reported for the Finance committee and recommended approval.
SHE SO MOVED.
The motion carried 6 -0.
2. REQUEST FOR COUNCIL AUTHORIZATION TO ACCEPT A
NOOKSACK RIVER BASIN GRANT FROM THE DEPARTMENT OF
ECOLOGY AND TO EXECUTE THE CONTRACT (AB92 -332)
Laidlaw reported for the Finance committee and recommended approval.
SHE SO MOVED.
The motion carried 6 -0.
3. EXECUTIVE'S REPORT
Relocation of Adult Probation: Beginning tomorrow, this department will be located
across the street in the old Buildings & Code building.
Minutes, 8/11/92, Page 1
1 Progress Report (AB91 -410): Report was distributed.
2 Background Information on Water Resources Program and Status Report:
3 Documents were distributed.
4 Finding alternate space for departments now in the DIS building (AB92 -305):
5 Information distributed.
6 Cowden Gravel Pit Report AB92 -311): A report and memo were distributed.
7 OPEN SESSION
8 Lloyd Austin, 1813 Lakeside: Please see that there is someone to staff the boat
9 patrol on Lake Whatcom.
10 Josselyn Winslow, 433 17th Avenue (AB92 -133): Spoke about the DSHS budget cut
11 even though the local area on aging is planning to add staff. Has had no answer from the
12 Northwest Regional Council about challenging this expenditure.
13 Bill Purnell, Engineering Geologist (AB92 -246): Spoke in favor of putting in the
14 second sewer line around Lake Whatcom.
15 Rob Felix, 2145 Lake Whatcom Blvd. and Manager, Sudden Valley (AB92 -246):
16 Spoke in favor of reconsiderating the second line in the Lake Whatcom area. Urged this
17 be remanded back to the Hearing Examiner.
18 Gary Hardin, 116 Cain Lake Road: Spoke about the need for council meetings in
19 his area. He said his area supports the subarea plan. He said he cannot make daytime
20 committee meetings.
21 John Peterson, Cedarville Road: Said he has retained an attorney and would like
22 to have his attorney speak to the Council. Warner said the gravel pit issue is not being
23 discussed at this meeting, so it would not be appropriate for his attorney to speak.
24 Martin Keeley, 610 South Bay Road: Asked for a copy of the Executive's report on
25 the gravel pit. He said enforcement is very necessary or else the efforts being put into
26 legislation is wasted.
27 Ken Wilcox, Member of Trails Committee: Trails serve both for recreation and open
28 space. He said he would like the Council to urge the administration to take advantage of
29 a grant to promote non - motorized transportation.
30 Verne Johnson, Lummi Nation Council Member: Asked that the County Council
31 come and speak with the Tribal Council on water issues. He said the tribe is retaining an
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1 attorney and will insist on water rights. They have a right to the water in the Nooksack
2 basin and want to negotiate with the County Council. He said the Council has had a year
3 to consider water issues.
4 Margaret Klein, 263 Thompson Road: Would like the Council to consider an
5 evening meeting on the forestry issue as she can't make the Planning & Development
6 meetings at 1:30 p.m.
7 HEARINGS
8 1. ORDINANCE REPLACING WHATCOM COUNTY CODE 9.32
9 REGARDING THE UNLAWFUL DISCHARGE OF FIREARMS (AB92-
10 032)
11 Imhof explained the issue, saying this would streamline the procedure for filing for
12 a no- shooting zone.
13 The public hearing was opened.
14 Dick Kayser, Lynden, President of the Custer Sportsman Club: 'He said he has
15 concerns that the ordinance jeopardizes existing clubs. He would like exemptions for
16 existing clubs.
17 Kevin Harris, Sec., Custer Sportsman Club: He said they have a large membership
18 and make their services available to many entities. He said their concern is on irresponsible
19 shooters.
20 A.J. Gould, 190 W. Lake Samish Drive: No provision for people who move into a
21 no- shooting zone and want to put up a shooting range. He said there should be a history
22 of problems in an area before a change is required, and citizens should have access to maps
23 showing where the zones are located.
24 Bob Harriman, Borderline Bass Anglers: Worked with Imhof in writing the language
25 and agrees the Custer Sportsman Club is very important. He said both self defense and
26 safety are important issues. He disputed the 300 feet issue and requested a variance if it
27 could be proved it would be safe. He said he encouraged enforcement, and asked that
28 Pangbom Lake be added to the list.
29 John Urban, 357 Lynden Birch Bay Road: He said he has been shooting for years,
30 but his range probably does not meet the criteria.
31 Dick Vander Yacht, Member Custer Sportsman Club: The members of the club are
32 very safety conscious. He instructed young people in the safe handling of firearms; he has
33 had several hundred students but no accidents. He said the 300 feet criteria would force
Minutes, 8/11/92, Page 3
1 them to close even though all the police forces train there and there are several million
2 dollars worth of equipment involved.
3 The public hearing was closed.
4 2. ORDINANCE TO ESTABLISH INTERIM ZONING REGULATIONS IN
5 THE LAKE WHATCOM WATERSHED (AB92 -310)
6 Henderson explained this issue, stating there would be an 18 month period of time
7 to review this area .
8 The public hearing was opened.
9 Peter Watts, Evergreen View Ventures: Said he had a parcel containing 120 acres
10 which was to be in a water service area of Water District 10. He spoke against the
11 ordinance saying the present rules put enough restrictions on development. This moratorium
12 would penalize the landowners who had tried to comply with all regulations and paid taxes
13 for many years. The rights of all the landowners are important; the landowner wants that
14 same things that the proposers want.
15 Art Hyatt, 2918 North Shore Road: Spoke about the irresponsible growth in the area.
16 We are stealing from the future to finance the present. More people produce more
17 pollution. The developers get the profit and the people get the bill. He said there is a need
18 to find a new water supply. He spoke against the present enforcement that is, in his
19 opinion, a joke.
20 Roy von Schottenstein, P.O. Box 5898: Everyone wants reasonable protection of the
21 drinking supply. He likes the goals but hates the moratorium and stated it would be a legal
22 nightmare. He said his taxes have quadrupled in the last few years and he doesn't have five
23 acres. He said he would prefer reasonable restrictions.
24 Kurt Denke, on behalf of Lee and Barbara Denke: He said he has spent many hours
25 in the last seven years defending governmental agencies in land -use issues. He is concerned
26 the Council is about to make a serious mistake if this passes. The downzone is
27 unconstitutional and the Council and its members can be penalized. The County is liable
28 to be responsible for the damages to owners and the defense costs.
29 Doug Campbell, Engineer on original county -wide drainage committee: He
30 assembled elements from Western Washington University (WWU) and the Bellingham
31 Library listed on a sheet and distributed it to the Council. He mentioned a study which
32 stated that the data collected indicated the water quality is not very good and no significant
33 change is anticipated.
34 Jeff Margolis, 5460 Potter Road: He was on the original study team; twenty years
Minutes, 8/11/92, Page 4
1 ago the water could be used directly from the lake but that may not be the case today. He
2 said the Council voted to put motorboat exhaust. directly into the lake and that adds more
3 pollutants. He mentioned the water needs of the area, and he challenged the Council to
4 take the challenge and pass the ordinance.
5 Fred Miller, 3229 North Shore Road (AB92 -310): Distributed handouts of Dr. Seuss'
6 Cat In The Hat, stating we expect any mess can be cleaned up down the road. He spoke
7 of the problems faced in other areas. Urged the Council to not knuckle under to developers
8 and pass the ordinance.
9 Lloyd Austin, 1838 Lakeside: He said the emergency was twenty years ago. In favor
10 of the ordinance.
11 Doug Dobyns, P.O. Box 157: Spoke of the Clean Water Act. He said this is
12 happening too late and there will still be problems with the Nooksack.
13 Verne Johnson, Lummi Nation: Said the Council needs to leave something of value
14 to the coming generations. He spoke of the need to take care of the resources.
15 Sherilyn Wells, 1020 Geneva: Owns property on the lake that could be developed
16 but is in favor of this ordinance. She mentioned that land -use plans are not stringent
17 enough in the lake area. Spoke in favor of protecting water - quality in the lake. She said
18 the clean water act can be upheld.
19 Carl Franz, Mosquito Lake Road: He said he applauds the Council and particularly
20 Henderson in attacking this problem. He wants to avoid the tremendous cost of restoration
21 down the road. The Lummi Nation does have a historic right to the water, and we must
22 maintain the water quantity and water quality. He urges the Council to pass this.
23 Jay Taber, 1212 Raymond Street: He understood this was only a temporary
24 regulation to study the issue. He spoke in favor of the ordinance.
25 Sue Lorenz, 511 Wilson: Applauded Henderson and said it could go further to
26 prohibit development.
27 Bill Purnell, Engineer: He is against the moratorium. He said that twenty years ago
28 a sewer was put in and that did a great deal for the lake. He urged the Council not to pass
29 the ordinance.
30 Warner said this will be considered at the Planning & Development Committee at
31 a later date. Written comments will be accepted.
32 3. ORDINANCE TO ANNEX CERTAIN PROPERTIES NEAR KENDALL
33 FIRE STATION INTO THE FIRE PROTECTION DISTRICT NO. 14
Minutes, 8/11/92, Page 5
1 (AB92 -200G)
2 The public hearing was opened.
3 Rob Stoops, 1514 Sycamore Street: Said he was in favor of being annexed into the
4 fire district.
5 The public hearing was closed.
6 VANDER YACHT MOVED THE ORDINANCE BE ADOPTED.
7 The motion carried 6 -0.
8 4. RESOLUTION TO SELL TAX TITLE PROPERTY, REQUEST NO. 73
9 (AB92 -325)
10 The public hearing was opened. Hearing no comment, the hearing was closed.
11 HENDERSON MOVED TO APPROVE THIS RESOLUTION.
12 The motion was unanimously approved.
13 OTHER ITEMS
14 1. APPEAL OF HEARING EXAMINER'S DECISION ON FILE NO. SV 5 -92,
15 FILED BY JAMES N. BEATTIE (AB92 -278)
16 BRENNER MOVED TO UPHOLD THE HEARING EXAMINER'S DECISION.
17 Brenner said she is sympathetic to Mr. Beattie but can't understand that he did not
18 investigate the zoning when he purchased the property.
19 Henderson said there is an opportunity for an LID in this area.
20 The motion carried 5 -0 with Imhof abstaining because he was not present in the
21 briefing.
22 2. REVIEW OF REPORT ON GRAVEL MORATORIUM (AB92 -311)
23 Brenner said she is very upset that one member of the Council got this and not the
24 rest. She said this was given to us late and that will effectively put it off until September
25 at least. Brenner also stated she is not happy with the Council having the same legal
26 representation as the Executive; it is hard to be objective when representing both sides when
27 there is controversy.
Minutes, 8/11/92, Page 6
1
2 Imhof said he thinks the original document should not have been let out so early.
3 Warner said he was responsible for it being released; both sides of this issue would
4 be made public at the same time.
5 Brenner and Imhof discussed Imhof 's acquisition of the report ahead of other
6 members.
7 3. ORDINANCE ESTABLISHING THE LAKE MANAGEMENT DISTRICT
8 NO. 1 FUND (AB92 -319)
9 Laidlaw reported for Finance and recommended adoption.
10 SHE SO MOVED.
11 The motion carried unanimously.
12
13 4. RESOLUTION SETTING A DATE FOR A PUBLIC HEARING ON THE
14 SALE OF COUNTY -OWNED SURPLUS EQUIPMENT (FOR THE
15 ANNUAL PUBLIC AUCTION)(AB92 -331)
16 Laidlaw reported for Finance and recommended approval.
17 SHE SO MOVED.
18 The motion carried unanimously.
19 5. ORDINANCEAMENDING THELYNDEN- NOOKSACK VALLEY COMP
20 PLAN AND OFFICIAL ZONING MAP FROM GENERAL
21 COMMERCIAL TO RURAL RESIDENTIAL TWO PER ACRE FOR
22 APPROX. 10 ACRES AND FROM RR2 TO GC FOR APPROX. 2 1/2
23 ACRES ON BOTH SIDES OF GUIDE MERIDIAN, SOUTH OF WISER
24 LAKE AND NORTH OF BARTLETT ROAD (AB92 -288)
25 Henderson reported for Planning and Development and recommended adoption.
26 HE SO MOVED.
27 There was discussion among Dan Taylor, Planning Director, Brenner & Vander
28 Yacht.
29 The motion carried 5 -1 with Laidlaw opposed.
Minutes, 8/11/92, Page 7
1 6. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
2 ZONING MAP (AB92 -289)
3 7. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
4 CODE, CHAPTERS 20.42, 20.43, 20.80.272, 20.80.273 AND CREATING A
5 NEW CHAPTER 14.04 (AB92 -290)
6 8. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
7 COMPREHENSIVE LAND USE PLAN FOR THE LAKE WHATCOM,
8 CHUCKANUT -LAKE SAMISH, LYNDEN- NOOKSACK VALLEY,
9 FOOTHILLS, AND LUMMI ISLAND SUBAREAS TO MAKE
10 CONSISTENT WITH LANGUAGE ADOPTED FOR THE SOUTH FORK
11 VALLEY SUBAREA (AB92 -291)
12 Items 6,7, and 8 were held in committee.
13 9. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER
14 15.20 AND ADOPTING, BY REFERENCE, THE 1991 EDITION OF THE
15 UNIFORM PLUMBING CODE PERMANENT RULES 91 -16 -117, 1991
16 EDITION OF THE UNIFORM SWIMMING POOL, SPA AND HOT TUB
17 CODE AND CERTAIN APPENDICES THERETO EXCEPT AS HEREIN
18 MODIFIED (AB92 -230)
19 10. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER
20 15.04 AND ADOPTING BY REFERENCE THE 1991 EDITION OF THE
21 UNIFORM BUILDING CODE, PERMANENT RULES 91 -20 -175 AND
22 CERTAIN APPENDICES AND STANDARDS THERETO, EXCEPT AS
23 HEREIN MODIFIED, THE UNIFORM HOUSING CODE, THE
24 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
25 BUILDINGS, AND CERTAIN OTHER STANDARDS ADOPTED BY THE
26 STATE (AB92 -321)
27 11. ORDINANCE SETTING FORTH RULES AND REGULATIONS FOR
28 THE INSTALLATION OF MOBILE HOMES ON BUILDING SITES,
29 ESTABLISHING AN ADMINISTRATIVE PROCEDURE FOR THE
30 ISSUANCE OF PERMITS . AND PROVIDING FOR INSPECTION
31 THEREOF (AB92 -323)
32 12. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER
33 15.08 AND ADOPTING BY REFERENCE THE 1991 EDITION OF THE
34 UNIFORM MECHANICAL CODE PERMANENT RULES 91 -16 -114 AND
35 CERTAIN APPENDICES THERETO, EXCEPT AS HEREIN MODIFIED
36 (AB92 -324)
Minutes, 8/11/92, Page 8
1 Henderson reported on items 9, 10, 11 and 12 and said a public hearing needs to
2 scheduled on the proposed fees and that the other aspects be held in committee subject to
3 clarification on the slope and drainage question and re- wording of the hot tubs section.
4 INTRODUCTION
5 1. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON
6 HEARING EXAMINER FILE NO. AA 4 -91, FILED BY LAKE
7 WHATCOM RAILWAY, C/O ROBERT CULP (AB92 -329)
8 2. RECEIPT OF PETITION TO VACATE AN ALLEY IN W. GENEVA,
9 FILED BY STEVEN EKKELKAMP (AB92 -328)
10 3. ORDINANCE TO EXTEND THE INTERIM ZONING ORDINANCE
11 CONTINUING A MORATORIUM ON NEW SURFACE MINING
12 PERMITS IN WHATCOM COUNT (AB91 -329A)
13 4. RESOLUTION TO SELL COUNTY -OWNED SURPLUS EQUIPMENT IN
14 THE ANNUAL PUBLIC AUCTION (AB92 -331A)
15 5. ORDINANCE AMENDING THE CURRENT EXPENSE FUND BUDGET,
16 PLANNING DEPARTMENT THEREIN (AB92 -333)
17 6. ORDINANCE ESTABLISHING THE SPEED LIMIT ON DEEMER ROAD
18 AND OLD MARINE DRIVE (AB92 -334)
19 T ORDINANCE REGARDING THE MATTER OF PLACING A STOP SIGN
20 ON LASALLE STREET (AB92 -335)
21 8. ORDINANCE AUTHORIZING INTERFUND LOAN FOR $800,000
22 FROM THE ROAD FUND TO THE RIVER IMPROVEMENT FUND
23 FOR THE PURPOSE OF TEMPORARILY PROVIDING WORKING
24 CAPITAL FOR RIVER IMPROVEMENT PROJECTS (AB92 -336)
25 Items 1 -8 were introduced and will be forwarded for the appropriate action.
26 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
27 Trails Committee (AB92 -358): Laidlaw said the group would like to pursue the
28 grant. Taylor explained the issue to Council. Henken said the Executive was concerned
29 that the timing was very tight and the Port seems to have' a better chance of securing the
30 grant. Henken said his department has accumulated approximately $60,000 to cover the
31 County part of the funding. Jay Taber said he had been working with three departments
32 on this issue and he said he thinks there is a basic disagreement as to the importance of the
Minutes, 8/11/92, Page 9
1 non - motorized transportation. He said the current fund is a dedicated fund from gas tax
2 for non - motorized purposes. He is anxious that a well- thought out plan be presented that
3 will be accepted. He said he felt the rug was pulled out from under his group after they had
4 done a great deal of work. He said he would like $8,000 or slightly less to prepare the grant
5 application; the team would be Taber, Ken Wilcox and Gerry Wilbur. He said there were
6 contracts written up at the County Parks Department.
7 Henderson said he would agree with this.
8 Imhof spoke against the proposal.
9 Brenner asked who the other applicants were; Henken said there would be
10 applications from all Counties.
11 Laidlaw mentioned the Council of Governments (COG) applications.
12 BRENNER MOVED TO ALLOCATE $4000 FROM THE TRANSPORTATION
13 FUND TO PUT THIS PROPOSAL TOGETHER.
14 Henderson spoke against the motion as the time is so short.
15 The motion failed with Brenner, Laidlaw and Vander Yacht in favor.
16 HENDERSON MOVED TO ALLOCATE $8000 FROM THE
17 TRANSPORTATION FUND TO PUT THIS PROPOSAL TOGETHER.
18 The motion failed 5 -1 with Henderson in favor.
19 VANDER YACHT MOVED $4500 BE ALLOCATED FROM THE PATHS &
20 TRAILS FUND FOR THE ISTEA GRANT APPLICATION FOR NON - MOTORIZED
21 TRANSPORTATION.
22
23 The motion carried 4 -2 with Vander Yacht, Henderson, Brenner and Laidlaw in
24- favor.
25 Citizen's Advisory Committee (Addressing) (AB90 -201): Warner noted a letter from
26 the administration regarding the request to form a Citizen's Advisory Committee;
27 Henderson said he will reply with the intention.
28 Upcoming Hearings: Brenner said the Custer Rezone issue will be held in the
29 Ferndale High School Auditorium at 6:30 p.m., September 3, 1992 and the first in a series
30 of meetings on County -wide Planning Policies will be held in Arntzen 100, at 6:30 p.m.,
31 September 10.
32 Local Area Network: Woods said the LAN is up and running; just one year after it
33 was recommended.
Minutes, 8/11/92, Page 10
I Relocation of County Departments Currently in the DIS building (AB92 -305):
2 Henderson said Nor -Bell seemed the only answer.
3 IMHOF MOVED THE EXECUTIVE PROCEED WITH PLANS TO REMODEL
4 NOR -BELL TO ACCOMMODATE COUNTY DEPARTMENTS NOW IN THE DIS
5 BUILDING.
6 WARNER MADE AN AMENDMENT TO ADD THAT THE FUNDING FOR
7 THE RENOVATION BE BASED ON THE EXECUTIVE'S MEMO OF JULY 13 AND
8 NOT ON THE MEMO OF AUGUST 11.
9 Imhof accepted this as a friendly amendment.
10 Warner spoke in favor but does not want this to be a permanent location for these
11 departments.
12 Items discussed were: options to deal with current fiscal crunch; space for new staff
13 not on board yet; methods of funding.
14 Comments were made by: Henderson; Woods.
15 BRENNER MOVED TO HAVE THE RENOVATION PLANS BE
16 APPROVED BY COUNCIL.
17 The motion to amend failed with Brenner in favor.
18 The original motion was carried unanimously.
19 Warner said he will state in a memo that the Council has some observations about
20 the design to share.
21 Vacation plans: Woods said he will be away August 24, 25, 26 and from September
22 1 -15.
23
24 The meeting adjourned at 10:35 p.m.
25 ATTEST:
26
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
27
28 Barbara Maher, Deputy Cle Daniel M. Warner, Chairman
Minutes, 8/11/92, Page 11