HomeMy WebLinkAboutCounty Council December 8 19922 WHATCOM COUNTY COUNCIL
3 Regular Meeting
4
5 December 8, 1992
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7 The meeting was called to order .at 7 p.m. in the Council Chambers, 1000 N. Forest
8 St., 2hd floor, by Dan Warner, Chairman.
9 Present: Absent:
10 Barbara Brenner None.
11 Larry Harris
12 Ken Henderson
13 Bob Imhof
14 Marge Laidlaw
15 Dennis Vander Yacht
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17 Warner noted that there were a number of people who could not enter into the room
18 and that many people were here to address the Teddy Bear Cove issue (AB92- 406A). He
19 said that item would be moved to the start of the agenda.
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21 HEARINGS
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23 2. ORDINANCE AMENDING THE WHATCOM COUNTY CODE
.4 REGARDING INDECENT EXPOSURE (AB92 -406A)
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26 Warner said the hearing would be limited to 20 minutes, and discussed briefly the
27 type of input already received by the Council. He said the record would be left open for
28 written testimony until noon Friday, with the final decision to be made on December 17.
29 Brenner said Civil Deputy Prosecutor Dan Gibson was present to give an explanation of the
30 ordinance, and he did so.
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32 The hearing was opened.
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34 Lloyd Austin, 1838 Lakeside: People testifying who live outside of the area . should
35 not be listened to as closely as local taxpayers. People who want the nude beach should buy
36 the property.
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38 Steve Chronister, 1610 Chuckanut: A nude public beach is not a good use of public
39 money; spoke about morality and rules addressing moral issues.
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41 Mrs. Calvin Fairbanks, Salt Spring Drive, Ferndale: Allowing a pocket of diversity
42 like this would be discriminatory. A nudist club should buy the property. Don't consider
43 opinion of non - Whatcom County taxpayers.
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" -5 Claire CdeBaca, Box 41, Deming: Freedom of religion is impacted by the rules being
,6 proposed tonight; for example, a Native American sweat involves the removal of clothing.
1 Imposing someone else's morality on people is not fair to the people who were here years
2 before. Left letters (on file).
3
4 Frank Hancock, Rainier Avenue: Applauded the County for buying Teddy Bear
5 Cove. Nudity should not be an issue; leave things as they are.
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7 Sandra Burns, 1015 Chuckanut Drive: Asked to hear from Parks Director Roger
8 DeSpain; Warner declined and asked her to continue with her comments. Talked about
9 "disgusting" incidents with nudists at Teddy Bear Cove and nearby. Favors purchase of
10 property by county. Did not want non - County taxpayers to have a say in the issue.
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12 Randy Small, 165 West Hemmi Road: Distributed petitions and letters which he said
13 included signatures of 1900 people within Whatcom County, favoring the ordinance (on file).
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15 Dave Hendricks, 3242 Laurelwood Ave: Appalled that the Council might not
16 prohibit nudity. in County parks.
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18 Curt Bishop, 201 East Third Street, Everson: Read a letter by Jason Small, president
19 of the Youth Action Coalition, favoring the ordinance.
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.21 Shelley Hendricks, 3242 Laurelwood Avenue: Spoke in favor of the ordinance.
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'73 Gigi Gibson, Iron Street: Spoke in opposition to the ordinance. Issues of decency
_4 and morality should not be considered. Said should allow nudity for one year on a trial
25 basis.
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. Rick Perkins, 18215 52nd Ave. West, Lynnwood: President of the SLUGS, a nudist
group, and other related organizations. Said he has been a nudist for over two years and
has never seen problems at nude beaches. Nudists are not trying to take over all County
parks. His friend, Judy Williams, is a nudist as well. Wants a good family attitude at the
beach, but wants it to be clothing optional.
Warner said the hearing was closed, and written comments would be accepted until
noon on Friday. Warner ordered a brief recess to help clear the room. Williams said she
would like to present a petition to the Council, and Warner directed her to give it to the
Clerk (on file). He recessed the meeting at 7:45 p.m., and reconvened the meeting at about
7:50 p.m.
READING AND APPROVAL OF MINUTES
The minutes of the October 27 and November 24 meetings were approved as
presented.
SPECIAL PRESENTATION
Council Minutes, 1218192 Page 2
HEARING EXAMINER ED GOOD: PRESENTATION OF THE
HEARING EXAMINER'S ANNUAL REPORT (AB92 -463)
Good referred to a written report that was delivered to the Council on Dec. 7. He
said at some time later he would like the opportunity to discuss the report with the Council
or its staff. Warner said the Council probably would invite Good to attend the Council's
retreat in January for discussion of the report. Laidlaw said she had several questions
regarding some of Good's suggestions, but that they could wait. Henderson commented on
the sound system; Harris commented on enforcement issues.
1. BID AWARD RECOMMENDATION FOR NOR -BELL FACILITY ROOF
REPAIRS: ALTERNATE BID #1 TO THE LOW BIDDER, THOMPSON
COATINGS, FOR $111,590.25, INCLUDING TAX; AND ALTERNATE BID
#2 TO THE LOW BIDDER, BORDER & SON QUALITY ROOFING,
INC., FOR $81,928 INCLUDING TAX (AB92 -464)
Warner asked for the Executive's representative to step forward; Deputy
Administrator Tom Sutberry arrived at the meeting at that point and explained this issue.
Laidlaw reported that Finance and Personnel Committee reviewed this item and
recommended approval of alternate bid number 2.
LAIDLAW MOVED TO AWARD THE BID LISTED AS ALTERNATE BID
NUMBER 2.
Brenner commented.
Motion carried unanimously.
2. BID AWARD RECOMMENDATION TO MULTIPLE BIDDERS FOR
RIPRAP ROCK FOR 1993 (AB92 -465)
3. BID AWARD RECOMMENDATION TO MULTIPLE BIDDERS FOR
MINERAL AGGREGATES (AB92 -466)
Sutberry explained items 2 and 3 briefly. Laidlaw reported that the Finance and
Personnel Committee reviewed the two items and recommended approval.
LAIDLAW MOVED TO APPROVE OF THE TWO RECOMMENDATIONS.
Comments were made by Henderson.
Motion carried unanimously.
Council Minutes, 1218192 Page 3
1 4. BID AWARD FROM THE STATE CONTRACT LIST TO WESTERN
2 BUSINESS ENVIRONMENTS FOR MODULAR FURNITURE FOR THE
3 COURTHOUSE ADDITION FOR A TOTAL OF $220,673.65 (AB92 -467)
4
5 Sutberry explained this item briefly, noting that this is the first of several phases of
6 furniture purchases for the new Courthouse. Laidlaw reported that the Finance and
7 Personnel Committee reviewed this item and recommended approval, and that the total
8 purchase of furniture would come to about $1.4 million, to be paid for through bonding.
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10 LAIDLAW MOVED TO APPROVE OF THE RECOMMENDATION.
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12 Comments were made by Brenner, Henderson, Laidlaw, Warner and Sutberry.
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14 Motion failed 5 -2, with Henderson and Imhof in favor.
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16 Warner explained to Sutberry that the Council would like the Administration to
17 pursue purchasing furniture from alternative sources, as suggested by Laidlaw in September.
18 He said this was particularly important to consider in light of the Executive's recent refusal
19 to sign the budget ordinance (AB92 -391A) due to her concerns regarding the tight budget.
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21 5. EXECUTIVE'S REPORT
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23 Sutberry distributed an update to the one -year road program (AB91- 410).
A
25 OPEN SESSION
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27 Warner noted that this portion of the meeting would be limited to 20 minutes.
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29 Lloyd Austin: Don't give any money for the community pool (AB92 -459).
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31 Jon Sitldn, Langabeer, Tull and Cuillier: Regarding the forestry split ordinance
32 (AB92 -289); he had addressed this issue earlier in the day. He distributed letters that had
33 been given to the Council earlier in the week, including some alternatives to the County's
34 proposed regulations. He spoke regarding the conversion of forest land to non - forest uses
35 and "takings" issues. He urged the Council to keep this matter in committee until it has
36 discussed the takings issue with its counsel.
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38 Fred Nowicke, Berg Road, Everson: Spoke regarding the Columbia Aggregates
39 mining operation near Sumas, the protection of natural resources, gravel shortages, transport
40 of gravel to Canada. Fears the whole northeast section of Whatcom County will become
41 a gravel pit.
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43 Margo Barnreiter, 4423 -1/2 Lakeway Drive: Supports Hearing Examiner's decision
44 regarding the Schnauzer Crossing appeal (AB92 -366). She presented the Council with a
Council Minutes, 1218192, Page 4
petition with signatures of 14 neighbors of the bed and breakfast, stating that they favor the
decision to deny use of the cottage. She spoke to specifics of the permit.
Jack Payne, Lakeway Drive: Also spoke in favor of the Hearing Examiner's decision
on the Schnauzer Crossing appeal (AB92 -366).
Frank Barnreiter, 4423 -1/2 Lakeway Drive: Also spoke in favor of the Hearing
Examiner's decision on the Schnauzer Crossing appeal (AB92 -366). He distributed a letter
to the Council Members, but did not provide the Clerk with a copy.
John Clos, Lakeway Drive: Also spoke in favor of the Hearing Examiner's decision
on the Schnauzer Crossing appeal (AB92 -366).
Art Castle, Building Industry Association (BIA): Regarding the proposed
reorganization of County government (AB92- 391B). Distributed correspondence to the
Council (a resolution passed by the BIA).
Phil Serka, representing the interests of the Schnauzer Crossing Bed and Breakfast
(AB92 -366): Rebutted some of the comments made by neighbors of the bed and breakfast.
Yvonne Saunders, Silver Exchange, Seattle: Corrected some earlier comments made
about her apparently viewing property in the vicinity of Schnauzer's Crossing (AB92 -366),
and its suitability for use as a bed and breakfast.
Warner explained to the crowd that the Council was not -- and should not be --
interested in the in- fighting in the neighborhood near Schnauzer Crossing.
HEARINGS
1. ORDINANCE DESIGNATING "THE WHATCOM DISPUTE
RESOLUTION CENTER" A DISPUTE RESOLUTION CENTER IN
WHATCOM COUNTY AND IMPOSING CIVIL FILING FEE
SURCHARGES TO FUND CENTER (AB92 -441)
Warner asked Superior Court Administrator N.F. Jackson to explain this matter
briefly, and he did so, adding that he endorsed the proposal. Henderson and Harris
commented. Warner opened the hearing.
Martha Day, President of the Board of Directors for the Whatcom Dispute
Resolution Center: Spoke in favor of the ordinance.
Vermont McAllister, 4421 Lakeway Drive: Spoke in support of the proposed
ordinance.
Council Minutes, 1218192, Page 5
1 Roger Ellingson, Blaine attorney: Spoke in favor of the proposed ordinance.
2
3 Richard Jacobs, director of Whatcom Dispute Resolution Center: Spoke in favor of
4 the proposed ordinance, and about the filing fee increase.
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6 Frank Rosten, no address: Spoke about dispute resolution and its benefits.
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8 Warner closed the hearing.
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10 IMHOF MOVED TO ADOPT THE ORDINANCE.
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12 Laidlaw and Harris discussed Exhibit A to the ordinance, and the series of
13 procedures that may need to be adopted by the Council. Watts commented that Exhibit A
14 was intended to be the work plan, to prove that the corporation the Council is allowing to
15 operate does meet State law. Warner clarified that the ordinance and a plan needed to be
16 approved. Harris said the plan begins on page 58 of the packet, and the five pages in the
17 packet could be adopted as the plan to satisfy State law. He said it should be clarified that
18 pages 58 to 62 of the packet as Exhibit A (the Program Component /Objectives /Activities,
19 the same material that is on pages 5 through 7B in the blue notebook, on file). Henderson
20 and Day commented.
21. Warner suggested the following language change, on lines 31 and 32 of the ordinance:
22 " .. in compliance with RCW 7.75
?3
__4 ; ... ". This would leave out the specific plan which
25 could come forward for adoption at a later time, Watts clarified.
26
27 HARRIS MOVED TO AMEND THE ORDINANCE TO CHANGE PAGE 1,
28 LINES 29 THROUGH 33 AS FOLLOWS: "NOW THEREFORE BE IT ORDAINED BY
29 THE WHATCOM COUNTY COUNCIL THAT THE WHATCOM DISPUTE
30 RESOLUTION CENTER IS AUTHORIZED TO OPERATE A DISPUTE RESOLUTION
31 CENTER IN COMPLIANCE WITH RCW 7.75 AND IN A GCORD A 1\TGL' Z AM I
32
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34 , G, D, F, G, M4D H; AND"
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36 There was discussion of the plan and the form it may take in the future.
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38 Motion to amend carried.
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40 . LAIDLAW MOVED TO AMEND THE ORDINANCE AS FOLLOWS, ON LINE
41 6, PAGE 2: "BE IT FURTHER ORDAINED THAT A CONDITION OF -OPERATING
42 AND PRIOR TO THE COMMENCEMENT OF OPERATIONS, THE WHATCOM
43 DISPUTE RESOLUTION CENTER SHALL ENTER INTO
Council Minutes, 1218192, Page 6
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1. YY Y A IA-:2 . 'Neal . 1 2:3.11 1 Y I 1 Manal 111.11M Y WIRS1
It was noted that the contract would eventually receive Council review and approval.
Motion to amend carried unanimously.
There was discussion of the possibility of including a Council Member on an advisory
committee.
Motion to adopt the ordinance as amended carried unanimously.
EXECUTIVE SESSION
1. BRIEFING ON COLLECTIVE BARGAINING PROGRESS (AB92 -469)
22 Warner noted that this portion of the meeting could take place in executive, or
23 closed, session pursuant to RCW 42.30.140 (4), to plan and adopt strategy to be taken
..4 during the course of any collective bargaining proceedings, or review of proposals made in
25 such negotiations or proceedings while in progress. Warner said the Council would be in
26 Executive session for no more than 30 minutes.
27
28 WARNER MOVED TO ADJOURN INTO EXECUTIVE SESSION TO DISCUSS
29 THIS ISSUE.
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31 Motion carried unanimously.
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33 Personnel Director Larry Mans, Sutberry, and Seattle attorney Larry Halberson were
34 included in the discussion. The Council adjourned to the small conference room at 9:15
35 p.m.
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37 The meeting reconvened at 9:50 p.m.
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39 OTHER ITEMS
40
41 1. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION ON A
42 PRELIMINARY PLAT, 'BELL.AIRE ESTATES," PLS91 -6, FILED BY
43 JOHN GILLIES, ET AL. (AB92 -372)
44
Council Minutes, 1218192, Page 7
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This item was put off until December 17. Roger Ellingson clarified one point.
2. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION ON
HEARING EXAMINER FILE NO. SHS92 -13, NORTON, FILED BY
NORTON (AB92 -384)
Warner noted than an extension had been granted for this matter.
3. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION ON
ADMINISTRATIVE APPEAL, 12 -92, FILED BY PAT WHEAT (AB92 -412)
Warner noted that this item had been discussed in executive session earlier in the
evening.
BRENNER MOVED TO OVERTURN THE ADMINISTRATIVE ORDER DUE
TO LACK OF EVIDENCE TO SUPPORT THE HEARING EXAMINER'S DECISION.
Motion carried unanimously, with Laidlaw absent.
4. DISCUSSION OF RECONSIDERATION OF HEARING EXAMINER'S
DECISION ON CU92 -17 (SCHNAUZER CROSSING BED &
BREAKFAST), FILED BY MCAL -JSTER (AB92 -366)
Warner noted that this item had been discussed in executive session earlier in the
evening.
HARRIS MOVED TO REMAND THE ISSUE TO THE HEARING EXAMINER
TO DETERMINE WHETHER AN ERROR HAD BEEN COMMITTED. SEVERAL
QUESTIONS NEED TO BE UNRAVELED, INCLUDING: WHETHER THE
HEARING EXAMINER EXCEEDED HIS AUTHORITY BY EXPANDING HIS THIRD
DECISION BEYOND THE APPEAL OF CONDITION NUMBER 2, WHICH HAD TO
DO WITH AN ALTERNATIVE TRAFFIC ROUTE; AND SECONDLY, WHETHER
THE TRAFFIC QUESTION HAD BEEN SUFFICIENTLY DEALT WITH INSOFAR AS
HE USED IT IN HIS FINAL DECISION.
Laidlaw arrived as Harris was stating his motion. Warner, Henderson, Watts, Vander
Yacht, Brenner, Imhof commented. There was discussion of whether the Council could
have the Hearing Examiner revisit the basic issue of whether the McAllisters should have
taken out a different kind of permit to begin with.
HENDERSON MOVED TO AMEND HARRIS' MOTION TO ALSO CONSIDER
THE APPLdCABIIITY OF THE ORIGINAL AND THE SUBSEQUENT CONDITIONAL
USE PERMIT APPLICATIONS.
Council Minutes, 1218192, Page 8
1 Harris said he would support the motion and accept it as a friendly amendment, but
2 Warner said it should be voted on separately.
3
4 Henderson's amendment failed with Henderson, Laidlaw and Harris in favor.
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6 There was some discussion and Harris' motion was restated and clarified.
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8 Harris's motion carried unanimously.
9
10 5. REQUEST TO AMEND THE CHERRY POINT - FERNDALE SUBAREA
11 COMP PLAN AND OFFICIAL WC ZONING MAP FOR
12 APPROXIMATELY 14 ACRES IN SECTION 5, TOWNSHIP 39 NORTH,
13 RANGE 2 EAST, FROM RURAL FIVE ACRE TO GENERAL
14 COMMERCIAL (AB92 -419)
15
16 Henderson reported that the Planning Commission split 4 -4 on this issue, and the
17 Council's Planning and Development Committee also split on the issue. He briefly went
18 over the details of the proposal, noting that the Committee recommended 2 -1 that the
19 Council have a hearing to consider the merits of this rezone. Planning Director Dan Taylor
20 and Watts talked about the options available to the Council, noting that a hearing is not
21 needed. Imhof commented on possible benefits of the rezone. Harris spoke against the
22 rezone because utilities are not yet available in the area. Vander Yacht spoke in favor of
13 considering the rezone in order to act as a stimulus for development in the area.
_4
25 HENDERSON MOVED TO HAVE A HEARING ON THE MATTER.
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27 Imhof spoke against having a hearing, as did Vander Yacht. Henderson commented.
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29 Motion failed with Harris and Henderson in favor.
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31 IMHOF MOVED TO APPROVE THE REZONE IN PRINCIPLE AND HAVE
32 THE STAFF PREPARE THE ORDINANCE FOR COUNCIL CONSIDERATION.
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34 Motion carried with Henderson, Laidlaw and Harris opposed.
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36 6. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
37 ZONING MAP DESIGNATING RURAL FORESTRY AND
38 COMMERCIAL FORESTRY ZONES FOR THE LAKE WHATCOM,
39 CHUCKANUT -LAKE SAMISH, LYNDEN - NOOKSACK VALLEY,
40 FOOTHILLS, AND LUMMI ISLAND SUBAREAS (AB92 -289)
41
42 7. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
43 CODE, CHAPTERS 20.42, 20.43, 20.80.272, 20.80.273, AND CREATING A
44 NEW CHAPTER 14.04 (AB92 -290)
Council Minutes, 1218192 Page 9
1 8. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
2 COMPREHENSIVE LAND USE PLAN FOR THE LAKE WHATCOM,
3 CHUCKANUT -LAKE SANUSH, LYNDEN - NOOKSACK VALLEY,
4 FOOTHILLS, AND LUMMI ISLAND SUBAREAS AS NECESSARY TO
5 MAKE CONSISTENT WITH LANGUAGE ADOPTED FOR THE SOUTH
6 FORK VALLEY SUBAREA FORESTRY LAND USE DESIGNATION
7 AND FORESTRY LAND USE POLICIES (AB92 -291)
8
9 9. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
10 CODE CHAPTER 20.42.300 LOT CLUSTERING AND RESERVE TRACT -
11 RURAL FORESTRY AND CHAP'T'ER 20.97 DEFINITIONS (AB92 -402)
12
13 Henderson commended the Planning staff and Planning Commission on their work
14 on the next three issues (items 6, 7 and 8); Henderson noted that number 9 is related.
15
16 HENDERSON MOVED TO ADOPT THE ORDINANCES.
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18 HENDERSON MOVED TO AMEND THE ORDINANCES AS FOLLOWS:
19
20 SECTION 20.42.154, STRIKE THE WORD "MARINAS" IN THE FIRST PART OF
21 THE PARAGRAPH; AND CHANGE WORDING "AND TRAVEL TRAILER PARKS
22 p
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7
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25 Henderson withdrew the motion.
26
27 HENDERSON MOVED TO AMEND THE ORDINANCES AS FOLLOWS: IN
28 SECTION 20.42.154, CHANGE WORDING "AND TRAVEL TRAILER PARKS
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32 Motion to amend carried unanimously.
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34 HENDERSON MOVED TO AMEND THE ORDINANCES AS FOLLOWS: IN
35 SECTION 20.42.160, "... HEARING EXAMINER DETERMINES THAT THE
36 PROPOSED FACILITY OR SITE MEETS THE FOLLOWING ENUMERATED
37 CONDITIONS; PROVIDED THAT IN THE LAKE WHATCOM WATERSHED THE
38 ONLY CONDITIONAL USE ALLOWED UNDER THIS SECTION WILL BE
39 TRANSFER STATIONS..."
40
41 Motion to amend carried unanimously.
42
43 There was some discussion; Warner left the room and returned; Brenner left the
44 room and returned.
Council Minutes, 1218192, Page 10
1 HENDERSON MOVED TO AMEND THE ORDINANCES AS FOLLOWS: IN
2 SECTION 20.42.310, ADD A (5) IN THE LAKE WHATCOM WATERSHED
3 CLUSTERED BUILDING LOTS MUST HAVE A COMMON SEPTIC SYSTEM OR BE
4 CONNECTED TO SEWER.
5
6 Motion to amend carried unanimously, with Brenner returning just after the vote.
7
8 HENDERSON MOVED TO AMEND THE ORDINANCES AS FOLLOWS: IN
9 SECTION 20.42.252, CHANGE THE MINIMUM RESERVE AREA FOR CLUSTER
10 SUBDIVISIONS FROM 70 PERCENT TO 85 PERCENT.
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12 Motion to amend carried unanimously.
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14 HENDERSON MOVED TO AMEND THE ORDINANCES AS FOLLOWS: IN
15 SECTION 20.42.320, FOR THE PURPOSE OF THIS SECTION, "RESERVE TRACT"'
16 IS DEFINED AS THAT PORTION OF A PROPOSED SUBDIVISION OR SHORT
17 SUBDIVISION THAT IS INTENDED FOR AGRICULTURAL, FORESTRY, Off; OPEN
18 SPACE, OR F T6RE T1L't E-LE)P PURPOSES. ALL "RESERVE TRACTS"
19 CREATED THROUGH SUBDIVIDING SHALL BE SUBJECT TO THE FOLLOWING
20 PROVISIONS:
21
22 (1) AFTER A SITE IS INITIALLY SUBDIVIDED PURSUANT TO THIS
?3 SECTION, THE "RESERVE TRACT' MAY BE RETAINED BY THE
I SUBDIVIDER, CONVEYED TO RESIDENTS OF THE SUBDIVISION
25 OR CONVEYED TO A THIRD PARTY.
[Tli
27 (2) THE "RESERVE TRACT" MAY BE CONSIDERED AS BUILDING
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OR /. YY • • I Y• V /B • • I1.
35 GONSIDERXHON FOR OTHER USES M�D DENSFFIESI)
1 . Y Y . IYY.. THE 3AqLkTGOM GOUNqY PLANNING r •
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1 I PURPOSE • ' "RESERVE TRACT' STATED ' •
WRITING 40 20.42.320, PARAGRAPH 1, 2 AND 3 SHALL BE COMMUNICATED IN
ON THE FACE OF THE PLAT OR SHORT PLAT. IN
YY THE NUMBER J• • f • r • • // \ 1. YY..
• /. 11. / ► VARM VARY THE 1 • /. PARCEL • • \
• • ON Y_ /. ASSIGNED \ YY SILALL BE r • J/. 1. . :
Council Minutes, 1218192, Page 11
1 . WHATCOM COUNTY
2 SHALL MAKE EVERY EFFORT TO ASSIST ALL AGENTS IN
3 CLEARLY COMMUNICATING THE INFORMATION TO ALL
4 PURCHASERS AND PROSPECTIVE PURCHASERS OF BUILDING
5 LOTS OR "RESERVE TRACTS."
6
7 Planner Gordon Scott commented, noting that this section would apply to rural
8 forestry county -wide, not just in the Lake Whatcom area.
9
10 Motion to amend carried unanimously.
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12 HENDERSON MOVED TO AMEND THE ORDINANCES AS FOLLOWS: IN
13 SECTION 20.42.450, "NO MORE THAN
14 ."
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16 Motion to amend carried unanimously.
17
18 Laidlaw noted a type in. the next line, "for" should be "or."
19
20 HENDERSON MOVED TO AMEND THE ORDINANCES AS FOLLOWS: IN
21 SECTION 20.43.159: SEMI - PERMANENT MODULAR OR MOBILE HOME ...:'
22 STRIKE (B), REPLACE WITH "(B) ALL WATCHMAN LIVING QUARTERS UNDER
23 THIS SECTION MUST BE LOCATED WITHIN ONE MILE OF A PAVED PUBLIC
_4 ROAD OR AS CLOSE TO THE PROPERTY LINE AS FEASIBLE, WHICHEVER IS
25 NEARER TO THE PAVED PUBLIC ROADWAY; AND BE DIRECTLY ADJACENT
26 TO THE MAJOR FOREST ACCESS ROAD."
27
28 There was discussion. Warner suggested partial restatement as follows: "... whichever
29 is nearest to the logging operation." Imhof suggested "should be located as close as feasible
30 to a paved public road." Laidlaw suggested "whichever is nearest to the logging operation."
31 Scott commented that there may not be a logging operation at all on the property. Laidlaw
32 suggested "forestry operation." The intent is to get it as close to the public road as possible
33 on their property.:
34
35 HENDERSON PARTIALLY RESTATED HIS MOTION: "(B) ALL WATCHMAN
36 LIVING QUARTERS UNDER THIS SECTION MUST BE LOCATED AS CLOSE AS
37 POSSIBLE TO THE PAVED ROAD AND BE DIRECTLY ADJACENT TO THE
38 MAJOR FOREST ACCESS ROAD."
39
40 Motion to amend 'carried unanimously.
41
42 Henderson began to discuss map amendments.
43
44 HENDERSON MOVED TO INCLUDE THE WHATCOM GLEN AND THE
Council Minutes, 1218192 Page 12
1 HARRIS PROPERTY IN THE RURAL FORESTRY ZONE INSTEAD OF
2 COMMERCIAL FORESTRY. SCOTT POINTED THEM OUT ON THE MAP (NOT ON
3 FILE).
4
5 Discussion ensued among Brenner, Harris, Laidlaw, Imhof, Henderson
6
7 Motion to amend carried with Laidlaw and Brenner opposed.
8
9 HENDERSON MOVED TO AMEND THE MAP TO INCLUDE THE 160 ACRES
10. AS DESCRIBED BY SCOTT AND THE 40 ACRE POCKET NEAR WHATCOM GLEN,
11 MAKING THEM RURAL FORESTRY RATHER THAN COMMERCIAL FORESTRY:
.12
13 Discussion ensued.
14
15 Motion to amend carried with Harris, Laidlaw and Brenner opposed.
16,
17 Henderson said Trillium wanted other properties changed, but the Committee
18 recommended denial, so they are not before the Council for consideration. There was
19 discussion by Warner, Laidlaw, Brenner,
20
21 VANDER YACHT MOVED TO AMEND THE ORDINANCE TO CHANGE A
22 PARCEL DESCRIBED AS THE TRILLIUM WELCOME PARCEL FROM
23 COMMERCIAL INTO RURAL, THE PARCEL POINTED OUT ON THE MAP TO
.4 THE COUNCIL IN THE WELCOME AREA ALONG MOSQUITO LAKE ROAD.
25
26 Motion to amend failed with Imhof and Vander Yacht in favor.
27
28 Motion to adopt the ordinance as amended now came before the Council. Warner
29 asked Watts to respond to Sitkin's earlier comments regarding the legality of the Council's
30 actions (open session). Watts said people on his staff may have reviewed the ordinance, but
31 he had not. Brenner said if Watts could not answer the questions brought forward by Sitkin,
32 she was not comfortable adopting the ordinance. Warner agreed, but noted that delaying.
33 action on the ordinance was bothersome for the Clerk and her staff. Laidlaw commented
34 that she felt the ordinance was legal. Vander Yacht asked if the taking issue would apply
35 if a person had not exhausted all other avenues. Watts responded. Discussion ensued.
36 Scott referred to a document reported to the State Senate regarding the takings issue; he
37 had given Brenner a copy earlier in the day (on file, AB92 -402). Discussion continued.
38
39 There was consensus that legal staff should pay particular attention to the takings
40 issue in the future.
41
42 Sitkin and others asked to speak; the Council declined to let this happen.
43
44 There was discussion of which ordinances had been discussed; items 6 through 8 were
Council Minutes, 1218192, Page 13
1 the object of discussion and amendment above; item 9 had been discussed at a previous
2 meeting.
3
4 Motion to adopt item 6 as amended carried unanimously.
5
6 Motion to adopt item 7 as amended carried unanimously.
7
8 Motion to adopt item 8 as amended carried with Imhof opposed.
9
10 Motion to adopt item 9 carried unanimously.
11
12 10. COWDEN GRAVEL, INVESTIGATION INTO ENFORCEMENT BY
13 BUILDINGS & CODE (AB92 -311B)
14
15 Warner reviewed the documentation; Brenner expressed reluctance to accept
16 Gibson's arguments because he has an apparent conflict of interest, having been involved
17 with the Administration's earlier dealings with this matter. Laidlaw and Henderson
18 commented. It was suggested that Skagit County's Civil Prosecuting Attorney John Moffat
19 be asked to attend a future Council meeting to discuss this further. Discussion ensued.
20
21 Henderson moved to refer both reports of legal analysis to Dave McEachran and ask
22 for his interpretation of which analysis is correct.
23
24 Warner asked if the Prosecutor would contradict his staff. Watts said he would if a
25 mistake had been made. Laidlaw said she would like Moffat, McEachran and Watts to all
26 be present at a meeting to discuss what the Council's options would be. Ellingson spoke up
27 to say that Moffat had not been authorized to offer options to the Council.
28
29 LAIDLAW MOVED TO HAVE MCEACHRAN, MOFFAT AND WATTS
30 DISCUSS AT A COUNCIL MEETING WHAT OPTIONS ARE AVAILABLE TO THE
31 COUNCIL.
32
33 Henderson withdrew his motion in favor of Laidlaw's motion. Although Laidlaw did
34 not formally withdraw her motion, Warner allowed the following motion to be substituted:
35
36 HENDERSON MOVED TO DELIVER THE WATTS AND MOFFAT LETTERS
37 TO MCEACHRAN IN PRINT AND HAVE MCEACHRAN PRESENT TO RESPOND
38 TO THEM, TO PROVIDE A DISCUSSION OF HIS REVIEW OF THE MERITS OF
39 BOTH POSITIONS.
40
41 Woods commented and discussion ensued. Henderson withdrew his motion.
42
43 WARNER MOVED TO SEND WATT'S RESPONSE TO MR. MOFFAT AND
44 ASK HIM TO REVIEW IT; AND ASK HIM BASED ON HIS EARLIER
Council Minutes, 1218192, Page 14
OBSERVATIONS, TO PLEASE ADVISE THE COUNCIL OF THE OPTIONS
AVAILABLE TO THE COUNCIL.
Motion carried.
11. ORDINANCE ACCEPTING THE SYSTEM OF ASSESSMENTS
PROPOSED BY THE WHATCOM COUNTY CONSERVATION
DISTRICT (AB92 -386)
Laidlaw reported that the Finance and Personnel Committee had reviewed this item.
LAIDLAW MOVED TO PUT THIS ISSUE ON THE BALLOT, POTENTIALLY
IN NOVEMBER, 1993, FOR AN ADVISORY VOTE, WITH THE FINANCE
COMMITTEE TO WORK OUT THE DETAILS AS NEEDED.
Laidlaw said that between now and that time the ballot issue would need to go to the
Auditor after certain questions have been answered to the Finance Committee's satisfaction.
Motion carried unanimously.
It was noted that the message is that the Council is unwilling to impose the tax, but
would consider doing so if the public so desired.
.12. REQUEST FOR PC AND FURNISHINGS FOR NEW SUPERIOR
COURT JUDGE (AB92 -456)
Laidlaw explained the issues surrounding the request. Finance recommended $3,500
for the computer and software, but no furniture.
LAIDLAW SO MOVED.
Woods offered to speak on behalf of Jackson's concerns regarding this
recommendation; the Council declined to hear from him.
Motion carried unanimously.
13. ORDINANCE AMENDING THE 1992 BUDGET FOR VARIOUS
DEPARTMENTS (AB92 -444)
Laidlaw reported on the Finance Committee's discussions and on the withdrawal of
requests by Buildings and Codes, Planning, and the Sheriff /Jail. The REET fund for
$200,000 was removed.
LAIDLAW MOVED THAT THE ORDINANCE BE ADOPTED, WITH THE
Council Minutes, 1218192 Page 15
1 DELETION OF THE BUILDINGS AND CODES, PLANNING AND SHERIFF /JAIL
2 REQUESTS; AND DELETION OF THE REAL ESTATE EXCISE TAX FUNDS.
3
4 Motion carried unanimously. .
5
6 14. RESOLUTION ADOPTING THE NON - MOTORIZED ELEMENT OF
7 THE TRANSPORTATION IMPROVEMENT PROGRAM (AB92 -458)
8
9 This item was on the agenda in error.
10
11 15. RESOLUTION ENDORSING THE LET'S POOL TOGETHER
12 COMMITTEE PLAN TO DEVELOP A COMMUNITY AQUATIC
13 CENTER (AB92 -459)
14
15 Warner noted that he was proposing a substitute resolution. Harris noted that some
16 people from the "Let's Pool Together" committee were present. Walt Ingraham propped
17 up several architectural sketches of the proposed facility. There was discussion. Ingraham
18 said the fund- raising needed to be done by April 1993; Warner noted that his substitute
19 resolution does not commit the County to any funding.
20
21 WARNER MOVED TO ADOPT THE SUBSTITUTE RESOLUTION.
22
13 Motion carried unanimously.
.4
25 16. INTERIM ORDINANCE. TO ESTABLISH CONFORMITY WITH THE
26 COUNTY ROAD ADMINISTRATION BOARD POLICY FOR
27 ACCOMMODATION OF UTILITIES IN THE COUNTY ROAD RIGHT- .
28 OF -WAY (AB92 -445)
29
30 Imhof reported that Public Services and Solid Waste Committee reviewed this item
31 and recommended approval.
32
33 IMHOF SO MOVED.
34
35 Motion carried unanimously.
36
37 17. RESOLUTION AUTHORIZING THE PROSECUTING ATTORNEY'S
38 OFFICE TO PROCEED. WITH LEGAL ACTION TO ACQUIRE A
39 _ PERMANENT EASEMENT OVER PROPERTY ON THE EAST SIDE OF
40 LAKE WHATCOM (AB92 -467)
41
42 Imhof explained this item and reported that the Public Services and Solid Waste
43 Committee recommended approval of the resolution.
44
Council Minutes, 1218192, Page 16
IMHOF SO MOVED.
There was discussion.
Motion carried with Brenner opposed.
18. RESOLUTION APPROVING OF AN AMENDMENT BY WHATCOM
COUNTY DISTRICT 2 TO ITS COMPREHENSIVE PLAN (AB92 -462)
Brenner reported that this was in the Water Resources Committee for review; the
committee recommended approval.
BRENNER SO MOVED.
Motion carried unanimously.
INTRODUCTION
1. ORDINANCE REPEALING WHATCOM COUNTY CODE TITLE 8.04
REGARDING RESTAURANTS AND DRINKING PLACES (AB92 -430)
2. ORDINANCE ESTABLISHING ADDITIONAL REAL ESTATE EXCISE
TAX FOR CAPITAL IMPROVEMENTS UNDER "GROWTH
MANAGEMENT" (AB92 -468)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Council's Next Meeting: The December 17 meeting will be at 6 p.m., not 7 p.m.;
committees as needed.
Adopt A Famd : Henderson reminded Council of opportunity for charitable
contribution.
Capital Facilities Planning Growth Management Act: The Council will discuss this
at its retreat January 30.
Capital Projects /Safety Issues: Laidlaw asked if Council needs another capital
projects meeting to have Public Works people answer questions. Laidlaw said Public Works
people left the meeting before questions could be asked. There was consensus.
Reserve Tract, Foy Brenner said she would like Planning and Development to
pursue the reserve tract issue for the County, especially for short plats.Henderson told her
to put it into ordinance form. She said she would do so.
Council Minutes, 1218192, Page 17
The meeting was adjourned at 12:20 a.m.
Pa
3
4 ATTEST:
5
6
8
9-�.
10wRamona Reeves, Clerk o the Council
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
z, 2�A
Daniel M. Warner, Chairman
Council Minutes, 1218192, Page 18