HomeMy WebLinkAboutCounty Council May 26 19921 WHATCOM COUNTY COUNCIL
2 Regular Meeting
3 May 26, 1992
4 The meeting was called to order in the Council Chambers, 1000 N. Forest St., 2nd
5 floor, 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 READING AND APPROVAL OF MINUTES
14 The minutes of the March 24, April 28, May 5 and 12 meetings were accepted as
15 presented with several scrivener's errors.
16 EXECUTIVE ITEMS
17 1. BID AWARD FOR THE RECONSTRUCTION OF HAYNIE /DELTA
118 LINE /WEST BADGER ROADS TO THE LOW BIDDER, WILDER
19 CONSTRUCTION, FOR $728,185 (AB92 -214)
20 Laidlaw reported for Finance and recommended approval.
21 SHE SO MOVED.
22 The motion carried unanimously.
23 2. BID AWARD FOR STRUCTURAL OVERLAY OF SLATER ROAD TO
24 THE LOW BIDDER, WILDER CONSTRUCTION FOR $459,607 (AB92-
25 215)
26 Laidlaw reported for Finance and recommended approval.
27 SHE SO MOVED.
28 The motion carried unanimously.
29 3. BID AWARD FOR THE STRUCTURAL OVERLAY OF HAXTON WAY
30 TO THE LOW BIDDER, WILDER CONSTRUCTION FOR $331.774
31 (AB92 -216)
1 Laidlaw reported .for Finance and recommended approval.
2 SHE SO MOVED.
3 The motion carried unanimously.
4 4. REQUEST FOR APPROVAL OF BIDDERS' LIST FOR THE SUPPLY OF
5 ASPHALTIC EMULSIONS FOR THE COMING ROAD OILING SEASON
6 (AB92 -216)
7 Laidlaw reported for Finance and recommended approval.
8 SHE SO MOVED.
9 The motion carried unanimously.
10 5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
11 INTO A LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND
12 CONTINENTAL PRINTING, INC., FOR WAREHOUSE STORAGE
13 SPACE FOR A COUNTY -WIDE RECORDS CENTER FOR $912.00 PER
14 MONTH (AB92 -218)
15 Laidlaw reported for Finance and recommended approval.
16 SHE SO MOVED.
17 The motion carried unanimously.
18 6. RENEWAL AND MODIFICATION OF LEASE BETWEEN PORT OF
19 BELLINGHAM AND WHATCOM COUNTY ON BEHALF OF
20 CURRENT INDUSTRIES LOCATED AT BELLINGHAM
21 INTERNATIONAL AIRPORT INDUSTRIAL PARK (AB92 -219)
22 7. RENEWAL AND MODIFICATION OF LEASE BETWEEN WHATCOM
23 COUNTY AND CURRENT INDUSTRIES FOR PREMISES LOCATED
24 AT BELLINGHAM INTERNATIONAL AIRPORT INDUSTRIAL PARK
25 (TO BE CONSIDERED WITH THE LEASE AGREEMENT
26 ABO VE)(AB92 -219A)
27 Laidlaw reported for Finance on Items 6 and 7 and recommended
28 approval.
29 SHE SO MOVED.
Minutes, 5/26/92, Page 2
The motion carried unanimously.
2 8. EXECUTIVE'S REPORT
3 First Quarter Report (AB92 -249): This report was distributed.
4 Status Report on the Courthouse Building Project: This project is 9.5 percent
5 complete. .
6 SPECIAL PRESENTATION
7 PROCLAMATION OF THE OPENING OF THE WHATCOM COUNTY
8 IN BLOOM PRESENTATION (AB92 -220)
9 Roger DeSpain, Director, Parks Department, introduced Dana Hanks, Arts
10 Coordinator, who explained this item. This is the seventh year this event has been in
11 existence.
12 OPEN SESSION
13 Rebecca Malloy, 2431 Lafayette: Asked if there would be a work session on the
14 County -wide Planning issue next Tuesday. It was explained there would be further meetings.
15
i6 HEARINGS
17 1. GROWTH MANAGEMENT ACT: CRITICAL AREAS ORDINANCE
18 (AB92 -058B)
19 Terry Galvin, Planning, explained how the department has responded to a public
20 request for a sensitive areas ordinance as well as a state mandate. There have been 98
21 meetings in all held by the Planning Department, the Planning Commission, the Advisory
22 Committee and the County Council. He explained that the maps represent thousands of
23 hours of work. He showed an overlay map and one that showed what areas could not be
24 built on. He mentioned the following: TDRs; tax deferments; list of changes that have been
25 made due to public input; creation of an expiration date of three years from date of
26 acceptance; recognition of tribal rights; definition of wetlands; definition of wildlife
27 consultants; delineation of wetlands by the county; possibility of the county being able to
28 create and modify a waiver of the process; quantitative aquifer recharge rating system;
29 category 3 showing any wetland under 15,000 square feet could now be filled in rather than
30 10,000 as previously written; eliminated practical alternatives test; division of a single
31 wetland into a number of different classes; there should be a county review of the
32 permanent ordinance with public hearings on each of the elements and it not be passed in
33 its entirety until it has had public input; citizens advisory committee be given all citizens
34 comments to help in making recommendations to staff; enough staffing to administer this
Minutes, 5/26/92, Page 3
1 properly; a review period of six months from effective date of the temporary ordinance on
2 the fee structure; a technical committee should be. established for a mitigation process;
3 funding for a conservation district for agricultural section; fish and wildlife habitat board be
4 developed; staff should develop an education and outreach program to make program more
5 understandable a non - regulatory committee.
6 The public hearing was opened.
7 Emily Jackson, 8367 Berthusen Road: Should we ask the Council to stop this
8 meeting until we could have more people in a room to hold this hearing.
9 VANDER YACHT MOVED TO CONTINUE THIS PUBLIC HEARING AT A
10 LATER DATE.
11 HENDERSON MOVED TO AMEND THAT THE PEOPLE WHO WISH TO BE
12 ABLE TO SPEAK TONIGHT BE HEARD.
13 The amendment failed with Henderson, Laidlaw and Harris in favor.
14 Mary Kupfeel, Geneva Street: She stated that Lynden Middle School is not neutral.
15 The motion to continue the hearing was carried unanimously.
16 The above issue was taken last on the agenda.
17 2. ORDINANCE ANNEXING CERTAIN PROPERTIES NEAR DEMING TO
18 WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 1 (AB91-
19 200E)
20 Warner explained this issue.
21 The public hearing was opened.
22 Bill Manning, 3897 Mosquito Lake Road: He said he is being annexed under
23 protest. He said he feels he will not be getting adequate protection because of the _
24 restrictions of developing this area. He was willing to accept the liabilities but is forced to
25 be annexed so he could get a building permit to replace his home should it burn down.
26 Warner explained that the Council did not pass a temporary moratorium on building
27 permits.
28 Stan Pfullman, 3261 Kelly Road: The government is trying to push something down
29 their throats that they do not want. He would like an alternative solution brought forward.
Minutes, 5/26/92, Page 4
1 Warner explained. the liabilities to the Fire Department when they fight fires in areas
2 that are not covered. Henderson said the Fire Marshall heads asked for this action.
3 Bill Manning, 3897 Mosquito Lake Road: He said he was forced to sign or not be
4 given a building permit.
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The public hearing was closed.
Items discussed were: possibility of returning this to committee; original threat by
the Fire Marshall that building permits would be denied; mechanism for people to appeal
this process.
Comments were made by: Warner; Brenner; Vander Yacht; Henderson.
IMHOF MOVED TO SEND THIS BACK TO COMMITTEE.
The motion carried 4 -3 with Harris, Laidlaw and Henderson voting against.
3. PETITION FOR THE VACATION OF PORTIONS OF PINE STREET,
CEDAR STREET, FIR STREET, D STREET, AND BASS STREET, FILED
BY CHARLOTTE A. PRINCE (AB92 -153)
The public hearing was opened. Hearing no comment, the public hearing was closed.
Ed Henken, County Engineer, recommended the County approve the partial vacation.
IMHOF MOVED TO VACATE THE PORTIONS OF PINE STREET, CEDAR
STREET, FIR STREET, D STREET, AND BASS STREET THAT ARE NOT
MAINTAINED BY THE COUNTY ROADS AT NO COST.
The motion carried unanimously.
OTHER ITEMS
1. RESOLUTION CALLING FOR AN ELECTION ON THE
INCORPORATION OF BIRCH BAY AS A CITY (AB92 -211)
Imhof reported for Public Services and recommended approval.
HE SO MOVED.
The motion carried unanimously.
2. RESOLUTION IN THE MATTER OF THE HEARING ON WHATCOM
Minutes, 5/26/92, Page 5
1 COUNTY'[S SIX -YEAR COMPREHENSIVE ROAD PROGRAM (AB92-
2 226)(REFERRAL TO PUBLIC SERVICE)
3 Imhof reported for Public Services and recommended approval.
4 HE SO MOVED.
5 The motion carried unanimously.
6 3. ORDINANCE REDUCING THE SPEED LIMIT ON HAXTON WAY
7 (AB92- 167)(KEPT IN COMMITTEE 5/12)
8 Kept in committee until June 9.
9 4. GROWTH MANAGEMENT ACT: ORDINANCE AMENDING THE
10 COUNTY COMPREHENSIVE PLAN TO CLASSIFY AND DESIGNATE
11 MINERAL RESOURCE LAND ON AN INTERIM BASIS (PLANNING
12 FILE REF. MRLCOMP2.OR)(AB92 -100)
13 Henderson reported for Planning & Development and recommended adoption.
14 HE SO MOVED.
15 HENDERSOM MOVED AN AMENDMENT ON PAGE 117 TO STRIKE
16 PARAGRAPH 4.
17 The motion carried unanimously.
18 PAGE 117, HENDERSON MOVED TO AMEND PAGE 117, LINE 19 TO
19 STRIKE THE SENTENCE "AN ESTIMATED 145 MILLION CUBIC YARDS WILL BE
20 NEEDED TO PRODUCE CONSTRUCTION MATERIALS DURING THE NEXT 50
21 YEARS." ALSO TO STRIKE THE WORDS 'TO MEET THE 50 YEAR
22 REQUIREMENT' STARTING ON LINE 23 AND ADDING "FOR MINERAL USES."
23 LAIDLAW MOVED THAT THE WORD "WI LL" BE CHANGED TO "MAY" ON
24 LINE 25, AND THE WORD 'THIS" BE CHANGED TO 'THESE."
25 HARRIS MOVED TO ADD THE FOLLOWING SENTENCE AFTER
26 "PURPOSES" ON LINE 27, "GRAVEL FROM THE NOOKSACK RIVER IS A
27 PREFERRED METHOD TO PROVIDE A PORTION OF THE REQUIRED GRAVEL
28 NEEDED."
29 WARNER MOVED THATTHE WORD "STAFF" BE CHANGED TO "COUNTY"
30 IN ALL PLACES IN 4 AND 5.
Minutes, 5/26/92, Page 6
1 IMHOF MOVED TO AMEND ON LINE 15 OF PAGE 117 TO DELETE THE
2 WORDS "WITH COMMERCIAL VIABILITY FOR EXTRACTION."
3 The motion to amend carried unanimously.
4 The motion to adopt the amended ordinance carried unanimously.
5 5. GROWTH MANAGEMENT ACT: ORDINANCE AMENDING THE
6 OFFICIAL ZONING ORDINANCE, TITLE 20, TO CREATE A NEW
7 SECTIONS: WHATCOM COUNTY CODE 20.73, MINERAL RESOURCE
8 LAND SPECIAL DISTRICT (MRL) TO COMPLY WITH THE GROWTH
9 MANAGEMENT ACT MANDATE TO PROTECT MINERAL
10 RESOURCE LANDS ON AN INTERIM BASIS (PLANNING FILE REF.
11 MRLT202.OR)(AB92 -105)
12 HENDERSON MOVED TO ADOPT THIS ORDINANCE.
13 HENDERSON MOVED TO AMEND THE ORDINANCE TO REFLECT THE
14 SAME CHANGES THAT WERE CHANGED IN THE PREVIOUS ORDINANCE.
15 The motion to amend carved unanimously.
16 The motion to adopt the amended ordinance carried unanimously.
17 6. RESOLUTION REGARDING HEARING AND NOTICE OF HEARING
18 ON SALE OF COUNTY TAX TITLE PROPERTY, REQUEST NO. 71
19 (AB92 -221)
20 Laidlaw reported for Finance and recommended approval.
21 SHE SO MOVED.
22 The motion carried unanimously.
23 7. RESOLUTION AUTHORIZING THE EXECUTIVE TO EXECUTE AN
24 INTERAGENCY AGREEMENT WITH THE DEPARTMENT OF
25 NATURAL RESOURCES, PART OF WHICH IS TO INITIATE FORMAL
26 APPRAISAL PROCESS OF CERTAIN LANDS SUITABLE FOR
27 EXCHANGE WITH TRILLIUM CORPORATION (AB92 -222)
28 Laidlaw reported for Finance and stated this would be held in committee.
29 8. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 99196
30 AND THE AWARD OF CONTRACT FOR RECONSTRUCTION OF
Minutes, 5/26/92, Page 7
1 HAYNIE /DELTA- LINE /WEST BADGER ROADS (AB92 -214)
2 Laidlaw reported for Finance and recommended approval._
3 SHE SO MOVED.
4 The motion carried unanimously.
5 9. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 99221
6 AND THE AWARD OF CONTRACT FOR THE STRUCTURAL
7 OVERLAY OF SLATER ROAD (AB92 -215)
8 Laidlaw reported for Finance and recommended approval.
9 SHE SO MOVED.
10 The motion carried unanimously.
11 10. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 99220
12 AND THE AWARD OF CONTRACT FOR THE STRUCTURAL
13 OVERLAY OF HAXTON WAY (AB92 -216)
14 Laidlaw reported for Finance and recommended approval.
15 SHE SO MOVED.
16 The motion carried unanimously.
17 11. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM
18 COUNTY SURPLUS PROPERTY AND THE SETTING OF A DATE FOR
19 PUBLIC HEARING THEREON PURSUANT TO WCC 1.10 (TARGET
20 CARRIER SYSTEM)(AB92 -227)
21 Laidlaw reported for Finance and recommended approval.
22 SHE SO MOVED.
23 The motion carried unanimously.
24 12. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION
25 REGARDING SV9 -91, FILED BY PAPETTI (AB92 -150): FORMAL
26 WTFHDRAWAL
27 This item was withdrawn.
Minutes, 5/26/92, Page 8
Addendum
2 13. ORDINANCE AMENDING WHATCOM COUNTY ENVIRONMENTAL
3 POLICY ADMINISTRATION, TTTLE 16 SECTION 16.08.070 TO
4 INCLUDE CRITICAL AQUIFER RECHARGE AREAS; SECTION
5 16.08.055, EXTENDING THE TIME LIMITS RELATING TO PROJECT
6 REVIEW AND THRESHOLD DETERMINATIONS; AND SECTION
7 16.08.160.(4C), ADDING A REFERENCE TO THE PROPOSED
8 CRITICAL AREAS REGULATIONS (AB92 -203)
9 This item was held until the June 2 meeting.
10 INTRODUMON
11 1. RESOLUTION TO GRANT A REVOCABLE ENCROACHMENT
12 PERMIT, FILED BY MICHAEL MORBERG (AB92- 210)(HEARING TO
13 BE SCHEDULED; POSSIBLE REFERRAL TO PUBLIC SERVICE)
14 2. RESOLUTION STATING THE COUNCIL'S POLICY FOR ACCEPTANCE
15 AND SCHEDULING OF AGENDA ITEMS (AB92- 192)(REFERRAL TO
16 FINANCE.
17 3. ORDINANCE OF WHATCOM COUNTY, WASHINGTON,
�8 SUPPLEMENTING ORDINANCE 87 -69 AS PREVIOUSLY AMENDED
19 BY ORDINANCE NO. 90 -30, WITH RESPECT TO THE PAYMENT OF
20 INSTALLMENTS OF ASSESSMENTS IN LOCAL AND ROAD
21 IMPROVEMENT DISTRICT NO. 9 (AB92- 223)(REFERRAL TO
22 FINANCE)
23 4. ORDINANCE APPROVING AND CONFIRMING THE FINAL RATES
24 AND CHARGES ROLL FOR THE LAKE SAMISH LAKE
25 MANAGEMENT DISTRICT NO. 1; LEVYING AND ASSESSING THE
26 AMOUNT THEREOF AGAINST THE LOTS, TRACTS, PARCELS OF
27 LAND AND OTHER PROPERTY ON SAID ROLL; AND CERTIFYING
28 THE SAME TO THE COUNTY TREASURER FOR COLLECTION
29 (AB92- 224)(REFERRAL TO FINANCE)
30 5. ORDINANCE REVISING ORDINANCE 91 -055 CHANGING THE NAME
31 AND EXPANDING THE USE OF THE MENTAL
32 HEALTH /SUBSTANCE ABUSE REVOLVING FUND (AB92-
33 225)(REFERRAL TO FINANCE)
34 6. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM
35 COUNTY SURPLUS PROPERTY PURSUANT TO WCC 1.10 (AB92-
Minutes, 5/26/92, Page 9
1 227A)(TARGET.CARRIER SYSTEM)(REFERRAL TO FINANCE)
2 7. RESOLUTION TO SELL PROPERTY ACQUIRED BY_'I:HE COUNTY
3 ON TAX FORECLOSURE, REQUEST NO. 71(AB92- 221A)(REFERRAL
4 TO FINANCE)
5 8. RECEIPT OF PETITION FOR VACATION OF A PORTION OF YORK
6 STREET, FILED BY JEFFREY RODDICK, ETAL (AB92- 212)(HEARING
7 TO BE SCHEDULED; POSSIBLE REFERRAL TO PUBLIC SERVICES)
8 Addendum
9 9. ORDINANCE ESTABLISHING WHATCOM COUNTY VOTING
10 PRECINCTS (AB92 -231)
11 Items 1 -9 were introduced and will be forwarded for the appropriate action.
12 The meeting was adjourned at 8:45 p.m.
13
14 ATTEST:
15
16 --4 cc..�2.e.(��
17 Bar ara Maher, Dep Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Q��"Ib44�
Daniel M. Warner, Chairman
Minutes, 5/26/92, Page 10