HomeMy WebLinkAboutCounty Council June 9 19921 WHATCOM COUNTY COUNCIL
2 Regular Meeting
3 June 9, 1992
4 The meeting was called to order at 7:00 p.m. in the City of Bellingham Council
5 Chambers, 210 Lottie St., by Chairman Dan Warner.
6 Present: Absent:
7 Barbara Brenner None
8 Larry Harris
9 Ken Henderson
10 Bob Imhof
11 Marge Laidlaw
12 Dennis Vander Yacht
13 EXECUTIVE ITEMS
14 Shirley Van Zanten, County Executive, explained the following items.
15 1. BID AWARD RECOMMENDATION FOR A THREE -AXLE
16 CONVENTIONAL LOWBOY TRACTOR TO THE LOWEST
17 RESPONSIVE BIDDER, KENWORTH NORTHWEST, INC. FOR
8 $76,226.90 (AB92 -235)
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Laidlaw reported for Finance and recommended approval.
SHE SO MOVED.
The motion carried 6 -0 with Brenner out of the room.
2. BID AWARD RECOMMENDATION FOR THE RECONSTRUCTION OF
BIRCH BAY- LYNDEN ROAD TO ASSOCIATED SAND AND GRAVEL
COMPANY, INC. FOR $1,186,280.95 (AB92 -236)
Laidlaw reported for Finance and recommended approval.
SHE SO MOVED.
The motion carried 6 -0 with Brenner out of the room.
3. SALE OF STRANDEL G -2 GARAGE PROPERTY TO THE CITY OF
EVERSON (AB92 -237)
Laidlaw reported for Finance and recommended approval.
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SHE SO MOVED.'
The motion carried unanimously. _
4. REAPPOINTMENT OF HAROLD CARRICO TO A SECOND, FULL
THREE -YEAR TERM ON THE NORTHWEST SENIOR SERVICES
BOARD TO RUN FROM 7/1/92 TO 6/30/95 (AB92 -238)
5. REAPPOINTMENT OF BRIAN LYNCH TO A SECOND, FULL FOUR -
YEAR TERM ON THE PARKS BOARD TO RUN FROM 7/1/92 TO
6/20/96 (AB92 -238)
6. REAPPOINTMENT OF DAVID MARTIN TO A SECOND, FULL FOUR -
YEAR TERM ON THE PARKS BOARD TO RUN FROM 7/1/92 TO
6/30/96 (AB92 -238)
Van Zanten explained items 4, 5, and 6.
HENDERSON MOVED THE APPOINTMENTS BE CONFIRMED.
The motion carried unanimously.
15 7. EXECUTIVE'S REPORT
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►:
1992 Annual Construction Program Active Projects Progress Reports (91 -410): This
report was distributed.
Status report of the River Program (AB91 -233): John Matzinger, P.E. will work as
the new Engineering Manager on the River Program.
Replacement for Medical Examiner (AB92 -247): It was suggested the County
contract with Dr. Gary Goldfogel to serve in the interim until a replacement is appointed.
CONSIDERATION OF APPEALS
1. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION
REGARDING FILE NO. SV 1 -91, FILED BY KIRK HENDERSON (AB91-
206)
HENDERSON MOVED TO REMAND IT BACK TO THE HEARING
EXAMINER DUE TO A CHANGE IN FACTS SINCE THE ORIGINAL HEARINGS.
The motion carried 6 -1 with Laidlaw opposed.
Minutes, 6/9/92, Page 2
1 2. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION
2 REGARDING ADMINISTRATIVE APPEAL 3 -92, REGARDING THE
3 GROWTH MANAGEMENT ACT (CRITICAL AREAS_.ORDINANCE),
4 FILED BY RXHARDS (AB92 -058A)
5 HARRIS MOVED TO AFFIRM THE HEARING EXAMINER'S DECISION.
6 The motion carried unanimously.
7 SPECIAL PRESENTATION
8 REVIEW OF BLUE CANYON LOGGING OPERATION WITH THE
9 DEPARTMENT OF NATURAL RESOURCES (DNR) (AB92 -104)
10 Bill Wallace, Northwest Regional Manager of the DNR office in Sedro Woolley. He
11 introduced Bill Schmidt who covers this area for DNR.
12 Wallace said his department has enjoyed a good relationship with Whatcom County
13 over the years and he hopes this will continue. He spoke of the following DNR roles:
14 being the largest land manager in the State, 93000 acres of forest land which yields several
15 million dollars to the County each year; managing natural conservation areas including Lake
16 Louise and the southern end of Lummi Island; firefighting and smoke management; and as
17 a regulator in the forest practices program. He discussed the following: increased
'8 workload; County's role for zoning and shoreline management, health and safety issues.
19 Wallace spoke of Council Chairman Warner's letter to Brian Boyle and said the department
20 is very serious in wishing to meet with the concerns expressed.
21 Bill Schmidt spoke of the Blue Canyon cut and said the department had recognized
22 the adverse effects that could occur from this cut and developed four pages of restrictions
23 on the permit. The forester inspected the site often during the operation. He mentioned
24 that Whatcom County helped with the cost of a helicopter for an air review. He gave an
25 overview of the opinion of those who inspected the site. The consensus of the ID team was
26 that DNR adequately monitored the operation.
27 Gordon Scott, Planner, said he took the air tour and thought it was beneficial.
28 Art Hyatt, 2318 North Shore Road: He said he agreed the Blue Canyon cut is
29 certainly the best one to date. He went on to say that DNR has successfully restricted the
30 Watershed Forum's review of operations. He said he hopes Blue Canyon becomes the new
31 standard in the watershed industry.
32 Fred Miller, 3229 North Shore Road: He said he hopes water quality will be the
33 main concern from now on in forestry harvests. He said the Council needs to keep the
34 pressure on in forest management.
Minutes, 6/9/92, Page 3
9 Terry Galvin, Senior Planner, distributed staff changes and clarification.
10 Henderson recommended a specific time limit for the performance bond.
11 Imhof accept the following wording as a friendly amendment to his motion at the end
12 of H. UPON COMPLETION OF THE PROJECT, THE PERFORMANCE BOND SHALL
13 BE RELEASED.
14 Imhof s motion carried 7 -0.
15 IMHOF MOVED THE FOLLOWING: I. A MAINTENANCE BOND,
16 ASSIGNMENT OF SAVINGS, OR OTHER LIKE SECURITY SHALL BE REQUIRED
17 BY THE ADMINISTRATOR IN AN AMOUNT NECESSARY TO PROVIDE FOR
18 FUTURE SITE MONITORING AND POSSIBLE CORRECTIVE ACTION REQUIRED
'9 FOR COMPENSATORY MITIGATION PROJECTS. THIS BOND, ASSIGNMENT OF
20 SAVINGS, OR THE SECURITY SHALL BE RELEASED NO LATER THAN FIVE
21 YEARS AFTER COMPLETION OF THE MITIGATION PROJECT.
22 The motion carried unanimously.
23 The original I. will become J.
24 LAIDLAW MOVED TO ADD A NEW SECTION 11.3.1.I "RIVER GRAVEL
25 BAR EXTRACTIONS WITHIN THE JURISDICTION OF THE SHORELINE
26 MANAGEMENT PROGRAM WOULD BE EXEMPT."
27 Jeff Griffin, Planning, said where shoreline jurisdiction does not apply, the critical
28 areas ordinance would apply.
29 The motion carried unanimously.
30 LAIDLAW MOVED TO ADD IN .5 WHEN DEVELOPMENT FALLS WITHIN
31 THE JURISDICTION OF THE SHORELINE MANAGEMENT PROGRAM, THE
32 BUFFERS REQUIRED UNDER THIS ORDINANCE SHALL NOT EXCEED THE
33 SHORE SETBACKS OF THE SHORELINE MANAGEMENT PROGRAM.
Minutes, 6/9/92, Page 5
1 FINAL CONSIDERATION
2 This item was considered at the start of the meeting.
3 1. GROWTH MANAGEMENT ACT: CRITICAL AREAS ORDINANCE
4 (AB92- 058B)(FINAL DECISION)
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IMHOF MOVED AN AMENDMENT AS FOLLOWS: "PAGE 43/44, 10.3
WETLAND CATEGORIES, .2 ADD AT THE START OF THE THIRD SENTENCE
12 Items discussed were: Splitting the wetlands; regulations; penalties for enhancing
13 wetlands; further work on this temporary wetlands; expiration of this ordinance; mitigation
14 bonding time limit; incentives.
15 Comments were made by: Henderson; Dan Taylor, Planning Director; Vander
16 Yacht; Brenner; Harris; Imhof.
13 HARRIS MOVED TO AMEND IMHOF'S MOTION BY ADDING THE
8 FOLLOWING SENTENCE AFTER CLASSIFICATION P €F
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0 BEENHTEIORRE'GTC?R >PI7RP:fE
21 There was discussion between Randy Watts, Chief Civil Deputy Prosecutor, and
22 Harris regarding the time limit.
23 Vander Yacht spoke against Harris' amendment to Imhofs motion.
24 Henderson said he perceived this to be an administrative problem. He would prefer
25 to break it down in the review process.
26 The Harris amendment failed 6 -1 with Harris voting in favor.
27 The Imhof amendment passed 7 -0.
28 IMHOF MOVED AN AMENDMENT UNDER 10.9.3 COMPENSATORY
29 MITIGATION: GENERAL REQUIREMENTS H. A PERFORMANCE BOND,
30 ASSIGNMENT OF SAVINGS, OR OTHER LIKE SECURITY SHALL BE REQUIRED
31 BY THE ADMINISTRATOR FOR COMPENSATORY MITIGATION PROJECTS IN AN
32 AMOUNT NECESSARY TO INSURE FULL PERFORMANCE OF ALL REQUIRED
Minutes, 6/9/92, Page 4
1 The motion was unanimously approved.
2 ]HENDERSON MOVED TO STRIKE THE WORD "TRUST' FROM 13.1.B.
3 The motion carried unanimously.
4 BRENNER MOVED NEW WORDING FOR .2 WILDLIFE HABITAT
5 CONSERVATION AREAS: PRIORITY SPECIES AREAS: THESE INCLUDE
6 HABITAT FOR DOCUMENTED PRIORITY SPECIES IDENTIFIED BY THE
7 WASHINGTON STATE DEPARTMENT OF WILDLIFE. THE BUFFER
8 RECOMMENDATIONS CONTAINED IN' MANAGEMENT RECOMMENDATIONS
9 FOR WASHINGTON'S PRIORITY HABITATS AND SPECIES. MAY 1991 OR AS
10 AMENDED, SHALL BE USED TO DETERMINE THE GEOGRAPHICAL AREA OF
11 PRIORITY SPECIES AREAS.
12 HENDERSON MOVED TO AMEND THE BRENNER MOTION BY
13 CHANGING THE PERIOD TO A SEMI COLON AFTER AREAS AND ADDING
14 "DEVELOPMENT MAY OCCUR IN SUCH AREAS SUBJECT TO 13.6 OF THIS
15 ORDINANCE."
16 Brenner accepted the above as a friendly amendment.
17 The motion was unanimously approved.
18 Warner said the Council would be asking the public for input on the amendments
19 only. This will not be acted tonight; the exact time and procedure will be announced
20 Wednesday, June 10. Warner said the amendments were made in response to public
21 comments.
22 Laidlaw said she would recommend a work session on the twelve recommendations
23 by the Planning Commission on how to implement the Critical Areas Ordinance. Planning
24 staff concurred. Warner said it would be scheduled before the full Council soon
25 Warner said the Critical Areas Ordinance as amended is being introduced tonight.
26 2. ORDINANCE AMENDING WHATCOM COUNTY ENVIRONMENTAL
27 POLICY ADMINISTRATION, TITLE 16 SECTION 16.08.070 TO
28 INCLUDE CRITICAL AQUIFER RECHARGE AREAS; SECTION
29 16.08.055 TO EXTEND THE TIME LIMITS RELATING TO PROJECT
30 REVIEW AND THRESHOLD DETERMINATIONS; AND SECTION
31 16.08.160.(4C) TO ADD A REFERENCE TO THE PROPOSED CRITICAL
32 AREAS REGULATIONS (AB92 -203)
33 Will be reviewed June 23 by the Planning and Development Committee.
Minutes, 6/9/92, Page 6
1 OPEN SESSION
2 Fred Nowicla, 3341 Berg Road: He said DNR has had a bad name in the County
3 but lately that has changed. He complimented the DNR staff for working with the County
4 so that more and better things will happen in the County in the future. He also thanked the
5 Council for working so hard on the Critical Areas Ordinance.
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Al Magnussen, Mt. Baker Chamber of Commerce: Wish to protect'Bigfoot" in their
area. He said there was a recent siting and he would like to have the are be a bigfoot
protection sanctuary with penalties.
Warner said the proper paperwork was not received in time to be put on the agenda;
he said he would write a resolution to be acted on later in the meeting.
The open session was closed.
HEARINGS
1. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY
TAX TITLE PROPERTY, REQUEST NO. 71 (AB92 -221A)
The hearing was opened. Hearing no comment, the hearing was closed.
LAIDLAW MOVED THE RESOLUTION BE APPROVED.
The motion carried unanimously.
2. RESOLUTION DECLARING COUNTY PROPERTY AS SURPLUS AND
AUTHORIZING ITS SALE (AB y (AeF1 a Z7 A� 7 P�
The public hearing was opened. Hearing no comment, the hearing was closed.
IMHOF MOVED THE RESOLUTION BE APPROVED.
The motion carried unanimously.
OTHER ITEMS
1. RESOLUTION REGARDING OPEN SPACE 1992A -E (AB92 -202)
Henderson reported for Planning & Development and recommended approval of the
resolution.
HE SO MOVED.
Minutes, 6/9/92, Page 7
1 The motion carried" unanimously.
2 2. ORDINANCE ANNEXING CERTAIN PROPERTIES NEAR DEMING TO
3 WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 1 (AB92-
4 200E)
5 HENDERSON MOVED ADOPTION OF THIS ORDINANCE.
6 Laidlaw said the Council had heard from one gentlemen who felt coerced by the Fire
7 District; she called some of the residents on the list and the ones called said they felt no
8 coercion. Henderson said it was a public health and safety issue and the committee agreed
9 it was necessary.
10 The motion carried unanimously.
11 ADDED AT THE MEETING
12 8. Resolution declaring Whatcom County a Sasquatch Protection and Refuge
13 Area (AB92 -058C)
14 HARRIS MOVED THIS RESOLUTION BE APPROVED.
15 The motion carried unanimously.
A 3. RESOLUTION IN THE MATTER OF THE DISPOSAL OF WHATCOM
17 COUNTY SURPLUS PROPERTY AND THE SETTING OF A DATE FOR
18 PUBLIC HEARING THEREON PURSUANT TO WCC 1.10.260 (AB92-
19 239)
20 Laidlaw reported for Finance and recommended approval.
21 SHE SO MOVED.
22 The motion carried unanimously.
23 4. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 99204
24 AND THE AWARD OF CONTRACT FOR THE RECONSTRUCTION OF
25 BIRCH -BAY LYNDEN ROAD (AB92 -236A)
26 Laidlaw reported for Finance and recommended approval.
27 SHE SO MOVED.
28 The motion carried unanimously.
Minutes, 6/9/92, Page 8
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1 5. RESOLUTION AUTHORIZING THE EXECUTIVE TO EXECUTE AN
2 INTERAGENCY AGREEMENT WITH THE . DEPARTMENT OF
3 NATURAL RESOURCES, PART OF WHICH IS TO INITIATE FORMAL
4 APPRAISAL PROCESS OF CERTAIN LANDS SUITABLE FOR
5 EXCHANGE WITH TRILLIUM CORPORATION (AB92 -222)
6 Laidlaw reported for Finance and said there were concerns about having additional
7 lands owned by the County and managed by DNR, particularly in the Lake Whatcom
8 Watershed. The committee recommended approval of the resolution with the attached
9 interagency agreement on page 137 and 138 of the packet.
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SHE SO MOVED.
Brenner and Vander Yacht expressed opposition to this resolution and Henderson
spoke in favor.
The motion carried 5 -2 with Brenner and Vander Yacht against.
6. ANNUAL REVIEW FOR WHATCOM COUNTY FERRY RATES (AB92-
230)
Laidlaw explained this issue and said the committee recommended having the rates
remain the same.
7. ORDINANCE ESTABLISHING WHATCOM COUNTY VOTING
PRECINCTS (AB92 -231)
IMHOF MOVED TO ADOPT THIS ORDINANCE.
The motion carried unanimously.
INTRODUCTION
1. RESOLUTION BY THE GOVERNING BODY OF THE COUNTY -WIDE
FLOOD CONTROL ZONE DISTRICT (AB92 -240)
2. RESOLUTION STATING THE COUNCIL'S POLICY FOR ACCEPTANCE
AND SCHEDULING OF AGENDA ITEMS (AB92- 192)(REFERRAL TO
FINANCE)
3. RESOLUTION IN THE MATTER OF THE DISPOSAL OF WHATCOM
COUNTY SURPLUS PROPERTY PURSUANT TO WCC 1.10.260 (AB92-
239A)(HEARING TO BE SCHEDULED)
Minutes, 6/9/92, Page 9
1 4. RESOLUTION AUTHORIZING THE FORMATION OF A :CITIZEN
2 COMMITTEE TO DEVELOP A CHARACTER PLAN, FOR THE POINT
3 ROBERTS SUBAREA, INCLUDING DEVELOPMENT OF A PROCESS
4 FOR FACILITATING COMMUNITY INVOLVEMENT IN THE
5 CHARACTER PLANNING PROCESS AND DEVELOPMENT OF
6 ARCHITECTURAL DESIGN GUIDELINES (AB92- 241)(REFERRAL TO
7 PLANNING & DEVELOPMENT)
8 5. ORDINANCE AMENDING THE 1992 BUDGET (AB92- 242)(REFERRAL
9 TO FINANCE)
10 6. ORDINANCE ANNEXING CERTAIN PROPERTIES NEAR SILVER
11 LAKE INTO WHATCOM COUNTY FIRE DISTRICT 14 (AB91 -200F)
12 7. RECEIPT OF PETITION FOR VACATION OF A PORTION OF JOAN'S
13 LANE, FILED BY ERNEST PEARSON (AB92- 229)(HEARING TO BE
14 SCHEDULED ON ENGINEER'S REPORT)
15 ADDED AT THE MEETING
16 8. GROWTH MANAGEMENT ACT: CRITICAL AREAS ORDINANCE
17 WITH AMENDMENTS (AB92 -058B)
18 Items 1 -8 were received and will be forwarded for the appropriate action.
19 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
20 Forest Practices: Henderson said he had heard an additional cut is being made
21 above the Deming water supply and the Planning & Development Committee will be
22 looking into this issue.
23 Council Budget Retreat: Warner asked the Council Members to remember the
24 Friday, June 12 retreat to be held in the Council Chambers at 3 p.m.
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26 ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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28 Maher, Depu Jerk Daniel M. Warner, Chairman
Minutes, 6/9/92, Page 10