HomeMy WebLinkAboutCounty Council October 27 1992W W
1 WHATCOM COUNTY COUNCIL
2 Regular Meeting
Ji october 27-, 19-9-2
4 The meeting was called to order at 7 p.m fl the Council Chambers, 1000 N. Forest
5 St., 2nd Boor, by Daniel M. Warner, Chairman.
6 aefiW4 AWent'
7 Barbara Brenner = None
S Lamy Harris
9 Ken Henderson
10 Bob Imhof
11 Marge Laidlaw
12 Dennis Vander Yacht
14 The minutes of the September 10 Special Meeting were accepted as presented.
15 HEARINr S (This item was taken out of order because of the large number of people
16 wishing to speak; there were people not able to get into the room.)
7 3. ORDINANCE AMENDING THE BIRCH BAY- BLAINE SUBAREA
_3 COMPREHENSIVE PLAN MAP FOR 44 ACRES OF A 146 ACRE
19 PARCEL BY CHANGING 14 ACRES FROM URBAN RESERVE TO
20 COMMERCIAL - RESORT AND 30 ACRES FROM URBAN RESERVE TO
21 LIGHT INDUSTRIAL PARK; AND SIMILARLY AMENDING THE
22 OFFICIAL WHATCOM COUNTY ZONING MAP SUBJECT TO A
23 CONCOMITANT AGREEMENT AFFECTING THE TOTAL 146 ACRE
24 PARCEL WHICH IS LOCATED NORTH OF BIRCH POINT ROAD IN
25 THE NORTHEAST QUARTER OF SEC'T'ION 23, TOWNSHIP 40
26 NORTH, RANGE 1 WEST (AB92 -062B)
27 VANDER YACHT MOVED TO POSTPONE THE HEARING UNTIL THERE
28 IS ADEQUATE SPACE TO ACCOMMODATE EVERYONE WISHING TO TESTIFY.
29 Laidlaw said she would need to know what a delay would do to those interested.
30 BRENNER MADE A FRIENDLY AMENDMENT AS FOLLOWS: THAT THE
31 HEARING BEGIN TONIGHT AND CONTINUE AT A LATER DATE WITH THE
32 OPPORTUNITY FOR WRITTEN AND ORAL TESTIMONY.
33 Vander Yacht did not accept the friendly amendment.
Minutes, 10/27/92, Page 1
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1 The motion failed with Brenner, Vander Yacht and Henderson in favor.
BRENNER MOVED TO L:FT PEOPLE DISCUSS 'THIS ISSUE UNTIL IT IS
FINISHED AND NOT BE L1MiTED TO 45 MINUTES.
4 The motion failed with Vander Yacht and Brenner M favor.
Warner read the surrey of past input. Warner Paid he had spoken to Gins Doolittle
but the only issue discussed was in regard to scheduling the hearing.
7 Ilan Taylor, Planning Director, said the main change in the contract was that it
8 required a larger buffer.
9 Brenner said she received a phone call from Gene Hanacek who requests that when
10 the hearing is over, there can be no further input by either side,
11 Warner clarified that if the film studio is not built within five years, the zoning could
12 be revised back.
13 The public hearing was opened at 7:20 p.m. and will go until 8:05 p.m.
14 Mrs. Suess, 8365 Shintaffer Road: She requested that the decision should be
- restricted to the rezoning.
16 Grant Allen, CEO, Beacon Group: This is the tenth public hearing in a year and a
17 half. He does not see anything particularly new. He said they are motion picture people
18 and are interested in building a studio.
19 Mike Boss, 4759 Bay Road: He showed a 59 page printout from the Assessor's
20 office. He said there is an amazing lack of use of low- impact property and disputed the low
21 use of this kind of designation. He said we have lost some L.1I in recent years to HII in the
22 Cherry Point area; it would seem to be an ideal place to have a film studio in the Cherry
23 Point area.
24 John Erickson: 9276 Ronald Laken, Blaine: References have been made that are
25 incorrect. He had been in charge of the design and construction of the Bridge Studios in
26 Burnaby, B.C. He chose the Semiahmoo site out of 15 possible sites. He said the zoning
27 for Bridge in Burnably is for comprehensive development district- business park. He said
28 it was done in spite of the sound of the railway because of the attractive price. A studio
29 should be built as far as possible from rail.
30 Tom Burton, 1346 Blaine Avenue: Said he was ou the Council when the Subarea was
31 done in 1987. He said this was an S4 zone allowing for 4 units per acre with conditional
uses allowing for some multiple uses. It said future development should be restricted. He
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1 said it was done in this way to eliminate future land spec.uladon because- this iS a residential
2 area. He said that subarea had men of the 16 land designations. The play was made for
900 percent .growth; the residents had lived with the plan since 1977 and wanted it to remain
4 consistent. To change znning increases the value of the property but the people 'in the area
5 pay the price. The job of legislators 'is to protect people and not let greed overcome good
G planning,
7 William Pearson, President of Birch Bay Homeowners: The ward of Birch Bay
8 Village supports this project unanimously.
9 Dave Cottingham, Attorney for some of the opponents: He stated the proposed
10 rezone does not consider this as an urban area. The courts would view a decision by the
11 Council to favor this proposal as abandoning a plan that has had a great deal of public
12 input. To depart from the course we have been on would be arbitrary or capricious, said
13 Cottingham. The Beacon proposal may sound exciting; these usually come forward in other
14 areas with a Planned Unit Development (PUD) procedure to eliminate guesswork.
15 Mike Brennan, Director of Chamber of Commerce: He said he had the opportunity
16 to host a public meeting on October 17 with 260 people speaking. The meeting lasted until
17 2 a.m. The opposition were asked to speak but did not take advantage. He said there was
18 a lot of support from the people in the audience.
1 'Jack Lynch, 1001 NE Boat Street, Seattle: Spoke on behalf of the residents opposed
20 to this proposal. He is the SEPA official for Langley, WA. and spoke against the proposal.
21 He said the concomitant agreement should not have been used to allow a use that isn't
22 normally allowed.
23 Fred Amundson, Sanderling Way: Supports the zone changes on behalf of 550
24 people in the area. The effects of these zone changes will have to be addressed whether
25 it is approved or not.
26 Steve DeBolt, Drayton Harbor Road: He said if this project is approved the traffic
27 will double from 6,400 in that area to 12,800. 'There is a tremendous problem with traffic
28 which cannot be mitigated because of the lack of space.
29 Art Anderson, 5326 Williams: He spoke in favor of the rezone.
30 Peter Buck, Beacon Group's Attorney: He said he has read every case of change of
31 circumstances in the State of Washington and there has never been a Council decision
32 overturned. He said case law supports the Council. He said there has been a lot of change
33 in that area since 1987. He said there will be a PUD formed.
4 IMHOF MOVED TO SUPPORT THE REZONE.
Minutes, 10/27/92, Page 3
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1 Brenner, Laidlaw, Warner, Imhof, Harris and Henderson all said they had been
2 contacted by resfdente but said there was noth
ing disused that was not mentioned in the
first hearing,
4 Vander Yacht said he would vote against the rezone this time.
5 Items discussed were: the use of a concomitant agreement; whether there is a need
6 for a giD; Boundary Review Board dealt with dii%i ent criteria (whether Blaine could
7 handle the proJ ); amount of LIT land; film studios as a high r k industry.
8 Comments were made bye Brenner, Watts, Taylor; Henderson; Barris.
9 Brenner said she was originally against this but after a lot of study, she has decided
10 she would not mind having it in her back yard.
11 Warner is in favor of the project as he has an abiding belief this is a good project.
12 He said because the vote does not go the way people want does not mean they have not
13 been heard.
14 The ordinance was adopted 5 -2 with Vander Yacht and Harris opposed.
4 1_��
16 1. BID AWARD RECOMMENDATION FOR LEVELING AND PAVING
17 THE NEW PARKING LOT FOR THE BELLINGHAM SENIOR CEIJTER
18 AT 315 HALLECK STREET TO THE LOW BIDDER, WILDER
19 CONSTRUCTION CO., INC., IN THE AMOUNT OF $33,095, INCLUDING
20 SALES TAX (AB92 -421)
21 Tom Sutberry, Deputy Administrator, explained the issue.
22 Laidlaw reported for Finance and recommended approval.
23 SHE SO MOVED.
24 The motion carried unanimously.
25 2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
26 INTO A LEASE WITH TIMOTHY W. CARPENTER AND SCOTT K.
27 WALKER FOR UP TO ONE YEAR TO HOUSE THE MICROFILM AND
28 PERSONAL COMPUTER CENTER (AB92 -422)
Laidlaw reported for Finance and recommended approval.
Minutes, 10/27/92, Page 4
1 SHE SO MOVED.
The motion cuded unaWmowly.
3 3: REQUEST 'QR AU`THO AT ION FOR THE EXECUTIVE TO ENTER
4 INTO A CONTRACT FOR ADMINISTRATIVE SERVICES
5 WHATQOM ISMICA -L BUR—EAU (AB92 -423)
6 Laidlaw reported for Finance and recommended approval.
7 SIZE $O MOVED.
8 The motion carried unanimously.
9 4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
10 INTO AN AGREEMENT FOR LABOR NEGOTIATION SERVICES
11 WITH DAVIS, WRIGHT, TREMAINE (AB92 -424)
12 Laidlaw reported for Finance and recommended approval.
13 SHE SO MOVED.
The motion carried unanimously.
15 5. NEW APPLICA11ON FOR A CLASS C -D LIQUOR LICENSE BY
16 Si IIGEO AND MASATO KATO FOR THE MIYOSHI RESTAURANT,
17 INC., 4459 GUIDE MERIDIAN, BELLINGHAM (AB92 -425)
18 Imhof reported for Public Service and Solid Waste Committee and recommended
19 approval.
20 HE SO MOVED.
21 The motion carried unanimously.
22 6. NEW APPLICATION FOR A CLASS E -F LIQUOR LICENSE FOR USA
23 PETROLEUM CORPORATION, 490 TYEE ROAD, POINT ROBERTS,
24 WA 98281, BY JOHN JUUL MOLLER, MARK EDWARD CONANT AND
25 LYLE J. SCHYLER (AB92 -426)
26 Imhof reported for Public Service and Solid Waste Committee and recommended
'7 approval.
Minutes, 1.0/27/92, Page 5
HE SD MOVED.
'the motion carried unanimously:
3 7. EXECUTIVES REPORT
4 There wm no report.
5 DPI SESSDN
6 Rita Foley, Blue Canyon Road (AB92- 311B): She said she had lived in the area for
7 22 years and has worked hard for the watershed. She said she was cited for having a small
8 kitchen built in her basement 17 years ago and was told to remove it. She said she was not
9 asked if she had proof of perriitting; Foley produced the original permit.
10 Linda Brothers, Davis Wright and Tremaine, 2600 Century Square, 1501 Fourth
11 Avenue, Seattle, WA (AB92.409) She said she wished to spear on the appeal filed by
12 Norman Kimes. She said she had detailed notes from the hearing but since Mr. Kinres will
13 not accept any proposal without the original tapes, she is suggesting this issue be withdrawn
14 from the agenda.
15 Fred Nowic"ke, 3341 Berg Road (AB92-401): He stated he is opposed to Columbia
16 Aggregate raining operations on Halverstick Road as there is great concern about the water
17 aquifer in that area. He said it is time for DNR and the gravel operators from both
18 Whatcorn County and British Columbia to get together to discuss this issue. He suggested
19 the gravel should to be taken from the river.
20 Thomas R. Martin, 1260 Paradise Way (AB92 -401): He said zoning should be oil
21 a long -terra basis. He stated his concerns were open pit mines in agriculture zones and
22 noise pollution. He suggested the latter should be governe-�{i by the Health Department
23 instead of Buildings & Code with a reduction in the decibel level allowed.
24 Robert Carmichael, Attorney for residents opposed to the Pipeline (AB92 -409): He
25 asked the Council to put something in writing to let the Federal Court know the results of
26 the Council proceedings.
27 Lisa Starkenburg, 115 Front Street, Lynden (AB92 -401): Regarding the regulations
28 on mining, the county has allowed a moratorium for 22 months. She said the regulation
29 they are concerned with is the deletion of crushing by the Planning Commission even when
30 it is in the overlay area. She said that regulation without enforcement is useless. Her
31 company would be pleased to cooperate with an education plan for the public.
32 Debra Molty, 2150 Van Dyck Road (AB92 -401): Concerned about the enforcement
33 of gravel industry. She is out of water and blames the gravel industry for ruining her water
Minutes, 10/27/92, Page 6
1 supply.
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2 Norman Wines: appellant (AB92-409): He said he filed a paper in response to Ms.
3 Brothers. His appeal is based on law. He urged the Council to act on it tonight. Warner
4 said it could not be done tonight until the legal coumel writes to us.
5 Kenneth Johnstone, 3765 E. Smith Road (A-B97.-409): He has been served with
6
papers by Northwest Pipelines for the easement. He said there is no width defined on it.
7 Watts explained the situation. There was a conditional use permitted and when it
8 was appealed, it was found that the tape was missing, Because Mr. Ifimes will not agree to
9 the reconstruction of the testimony or to a statement of fact, a new hearing is scheduled
10 before the Hearing Examiner for November 24. The landowners could probably file an
11 injunction to stop the laying of pipes.
12 Robert Carmichael (AB92 -409): He said there is no reason the Council cannot
13 remand this back to the Hearing Examiner.
14 Brenner suggested this be remanded.
15 Brothers said the appeal could not be presented to the Council before the transcript
16 is produced and there can be no transcript without the tapes.
17 There was discussion among Watts, Brenner, Laidlaw, Harris and Carmichael on the
18 legal aspects on this issue.
19 BRENNER MOVED TO VACATE THE CONDITIONAL USE PERMIT AND
20 REMAND IT TO THE HEARING EXAMINER.
21 After Watts explained the issue, Brenner withdrew the motion.
22 BRENNER MOVED TO REMAND THIS ISSUE TO THE HEARING
23 EXAMINER.
24 The motion carried 5 -2 with Warner and Imhof against.
25 Alvan Starkenburg, 7416 Hannegan Road (AB92 -401): He said he needs to make
26 the Council aware that this particular ordinance will have a great impact because of the
27 restriction of crushing. Operation hours being restricted means companies will need to
28 increase their fleet by not being able to use trucks for hauling from remote areas at night.
29 The Open Session was closed.
30 HEARINGS
Minutes, 10/27/92, Page 7
1 �MMUMCATTONS INC. FOR CABLE TELEVISION SERNq(r E AT
2 POINT ROB R (A892 -287)
3 John Thomas, 5190 Thom, Delta; Apologized to the Point Roberts users that
4 because of the blackout caused by the Canadian referendum the company was not able to
5 provide constant coverage the day before. Certain signals are given tO Point Roberts that
6 are not given to Canadian, viewefs. He said they have 600 submriberg. He said they are
7 committed to never having Iasi nights problem occur again. They have had public mce —tings
8 to get the suggestions of the subs bens. They have many public service shows in the area-
9 Thomas said he believes the cattle wzvic+e ig better than that prided anywhere eke in
10 Whatcom County. Constable Terry Clark at the Border said he wished Guineas Cable
11 would move down and provide competition in this area. Harris asked if they had a
12 monopoly; Thomas replied it was a non - exclusive franchise. There was a cable company
13 from Kent, WA, in Point Roberts before but it could not survive on the linited number of
14 people in the area; Guiness can only provide it because of their large subscribership in
15 Delta.
16 Shelley Damewood, 1721 Benson Road: She said a 25 year franchise is too long to
17 grant a franchise. She was upset that American TV was not available when there was a
18 referendum.
19 John Thomas: He said the service is predominately US in content and he distributed
20 a list of contents.
21 Laidlaw asked if the outage was in response to Canadian law. mas said they tried
22 to access another source but were not able to do so at the last moment.
23 Thomas said cable television is constantly upgrading and is putting in fiberoptics. He
24 said the new federal US regulations will cause impacts such as the alterations signals.
d longer than ten years to male ,sin the expensive lines.
25 Thomas said that they neede
26 Sid Wallace, Point Roberts: Urged the Council to shorten the term to no more than
27 five years.
28 The public hearing was closed.
29 BRENNER MOVED TO ADOPT THE ORDINANCE.
30 BRENNER MOVED AN AMENDMENT TO HAVE THIS FOR A FIVE YEAR
31 TERM.
32 The amendment failed 6 -1 with Brenner in favor
33 VANDER YACHT MOVED THE FRANCHISE BE FOR TEN YEARS.
Minutes, 10/27/929 page 8
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1 The amendment failed 5 -2 with Brenner and Vander- Yacht Ln favor-
Laidlaw asked about the liabi!ity for $500,000. Thomas said their coverage exceeds
3 the amount h,, 10 to 1.
4 LAIDLAW MOVED TO AMEND TO ASK FOR A CPA STATEMENT OF
_
ADEQUACY EVERY YEAR AND A FINANCLkL STATEMENT EVERY FIVE
6 YEARS.
7 Brenner spoke against the motion.
8 The motion failed 7 -0.
9 It was decided the agreement was not limiting the company to coaxial cable but they
10 could put in fiberoptics.
11 The ordinance carried 6 -1 with Brenner opposed,
12 2. ORDINANCE GRANTING A BLANKET FRANCHISE FOR ALL ROADS
13 WITHIN WHATCOM COUNTY, FILED BY COUNTRY CABLE, INCL..
14 (AB92 -244)
The public hearing was opened.
16 John Thomas: Spoke against a blanket franchise.
17 Dan Collins, Assistant Manager, Country Cable: Said this was an administrative
18 matter only to save corning to Council on each area. They have currently done this in
19 Skagit County.
20 The public hearing was closed.
21 IMHOF MOVED ADOPI10N OF THE ORDINANCE.
22 There was discussion of rights -of -way and damage to the water lines among Harris,
23 Henderson and Ed Henken, County Engineer.
24 HENDERSON MOVED TO AMEND SECTION 27. C.I.-AND EMERGENCY
25 AUTHORITIES. SUCH OBLIGATIONS MAY BE ACCOMPLISHED BY THE
26 COMPANY BUILDING AND MAINTAINING SUCH FACILITIES OR THROUGH A
27 COOPERATIVE ARRANGEMENT ACCEPTABLE TO THE COUNTY AND OR ONE
28 OR MORE APPROPRIATE, ENTI'T'IES SUCH AS CASCADE VIDEO.
Z9 Collins said the equipment would be very expensive. He said King County is trying
Minutes, 10/27/92, Page 9
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1 to im�se the a miles on little totes as large cities and it is malting the wrip am avoid
rural areas.
3 The amendment failed 6-1 with Henderson in favor.
4 The ordinance was adopted 6 -1 with Farris opposed.
5 3. BEACON REZONE (AB92 -062B)
6 This item was taken first.
8 1. ORDINANCE AMENDING THE TEXT OF THE OFFICIAL WHATCOM
9 COUNTY ZONING ORDINANCE, TITI...E 20, AND THE INTERIM
10 ZONING ORDINANCE, CHAP'T'ER 2.24A, REGARDING SURFACE
11 MINING AND MINERAL PROCESSING ACTIVITIES (AB92 -401)
12 Henderson reported for Planning & Development and recommended adoption.
13 HE SO MOVED.
,'4 HENDERSON MOVED THE FOLLOWING AMENDMENTS:
15 1. IN 651, PAGE 113 OF THE PACKET, REFERS TO THE ENGINEERING
16 DEPARTMENT; THIS AND ALL SUCH REFERENCES SHOULD BE THE
17 ENGINEERING DIVISION.
18 The motion carried unanimously.
19 2. IN 702. G., PAGE 114, ...COUNTY
20
21 This was carried 6 -1 with Brenner opposed.
22 3. IN 701, B., PAGE 113, ...NUISANCE
23 The amendment carried with Vander Yacht, Imhof and Warner opposed.
24 4. IN 173, PAGE 118, ..TEMPORARY, pRojECmF 8-PEGI-m-CG. ASPHALT AND
25 CONCRETE BATH PLANTS``
26 ON DISTRICT'.,� ....r. .,xA..<..., #. .....1 �.......
f>
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Minutes, 10/27/92, Page 10
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1 Brenner and Harris e_x_plained the need for the amendment.
2 The amendment carried 6-1 with Imhof opposed.
3 Henderson discumd certain issues including not , MRA land and fee schedule.
4 Vander Yacht questioned the hours of operation.
5 IMHOF MOVED TO DELETE ALL 20.73.701 (B)((I),(II) (Iii), BOTTOM OF
6 PAGE 113 AND TOP THREE PARAGRAPHS ON PAGE 114.
7 Taylor said if it was deleted, something else should be put in its place or it would be
8 considered too large to not be republished.
9 Jeff Griffin said the noise is less than ambient noise levels of the areas.
10 Imhof withdrew the motion.
11 IMHOF MOVED TO DELETE IN 701.B AND REPLACE WITH THE SURFACE
12 MINING OPERATION MAY CONTINUE BEYOND THE STATED TIME IF THE
13 NOISE CREATED IS LESS THAN THE AMBIENT NIGHT -TIME NOISE LEVELS
14 FOR THAT AREA.
15 BRENNER MOVED TO AMEND IMHOF'S AMENDMENT BY ADDING THAT
16 HAULING CAN CONTINUE AFTER WORK HOURS IF IT DOES NOT EXCEED
17 THE AMBIENT LEVEL.
18 Imhof did not accept this as a friendly amendment.
19 Harris said a back -up noise is very annoying.
20 There was discussion about the actions that could take place.
21 The motion carried 5 -2 with Harris and Warner opposed.
22 BRENNER MOVED THAT THIS BE AN INTERIM ORDINANCE AND CAN
23 BE CHANGED AS PROBLEMS OCCUR.
24 There was discussion between Taylor and Watts so Brenner changed the word interim
25 to temporary in her motion and when it should be revisited..
26 Harris spoke against the amendment.
The motion failed 6 -1 with Brenner in favor.
Minutes, 10/27/92, Page 11
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1 I__1WHOF MOVED ON PAGE 115; 2O.4OiO55 SORTING.
3 Taylor Raid that was too major a change.
4 Imhof withdrew his motion.
5 IMHOF MOVED TO ADD CONDITIONAL USE IN COMMERCIAL
EXTRAC'T'ION IN AG LAN IN NOMTRIMARY AO LAND A `TIEREE 'I'(3
7 EIGHT DEGREE SLOPE.
8 Imhof withdrew his amendment.
9 The ordinance was carried with Laidlaw, Brenner and Imhof opposed.
10 2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
11 CODE CHAPTER 20.42.300 LOT CLUSTERING AND RESERVE TRACT
12 RURAL FORESTRY AND CHAP'T'ER 20.97 DEFINITIONS (AB92 -402)
13 This issue was held in committee.
14 3. RESOLUTION AGREEING TO A REGIONAL STRATEGY FOR
y IMPLEMENTING THE GROWTH MANAGEMENT ACT, WITH SCOPE
16 OF WORK, WHATCOM COUNTY REGIONAL GROWTH
17 MANAGEMENT STRATEGY (AB92400)
18 Henderson reported for Planning and Development and recommended approval.
19 HE SO MOVED.
20 Laidlaw asked if this was just addressing the north; Taylor said it was aimed at the
21 north.
22 The motion carried unanimously.
23 4. REQUEST TO AMEND THE CHERRY POINT - FERNDALE SUBAREA
24 COMP PLAN AND OFFICIAL WC ZONING MAP FOR
25 APPROXIMATELY ONE ACRE IN SECTION 28, TOWNSHIP 39
26 NORTH, RANGE 2 EAST, FROM RURAL RESIDENTIAL. ONE PER
27 ACRE TO URBAN RESIDENTIAL. FOUR PER ACRE (AB92 -418)
28 There was no discussion; Introduction only.
2. 9 5. REQUEST TO AMEND THE CHERRY POINT - FERNDALE SUBAREA
Minutes, 10/27/92, Page 12
1 COMP PLAN AND OFFICIAL WC ZONING MAP FOR
2 APPROXIMATELY 14 ACRES IN SECTION -5; TOWNSHIP 39 NORTH,
3 RANGE 2 EAST, FROM RURAL FIVE ACS T O GENERAL
COMMERCIAL (AB92 -419)
5 There was no ski Mmion; introduction only.
6 6. REQMT FOR AUTHORIZATION TO SIGN AN INTERLOCAL
7 AGREEMENT WITH THE LUMMI INDIA.. BUSS COUNCIL FOR
S IMPROVEMENTS ON LUMMI SHORE ROAD (AB922 -405)
9 Imhof reported for Public Service and stated this would be held over for the
10 November 3 meeting.
11 7. ORDINANCE AMENDING ORDINANCE 92 -040 APPROVING AND
12 CONFIRMING THE ANAL RATES AND CHARGES ROLL, FOR LADE
13 SAMISH LADE MANAGEMENT DISTRICT NO. 1 (AB92-224A)
14 Laidlaw reported for Finance and recommended approval.
15 SHE SO MOVED.
16 The ordinance was adopted unanimously.
11 8. GRANT APPL,ICATTON FOR DOMESTIC RELATIONS COURTHOUSE
18 FACILITATOR IN SUPERIOR COURT (AB92 )
19 Laidlaw reported for Finance and explained the issue. The committee recommended
20 approval.
21 SHE SO MOVED.
22 The motion carried unanimously.
23 9. DECISION ON APPEAL OF HEARING V DVAR92 7FILFDBY
24 WALT DECISION D MAR RGE SHAMRO A]g92 -367)
25 WALT AN
26 BRENNER MOVED TO UPHOLD THE HE DECISION.
27 The motion carried 6 -1 with Henderson opposed.
28 10. DECISION ON APPEAL OF�IH��RDINBY � SCHI,EMMER,
79 DECISION ... SCHLEMMER ROC K
Minutes, 10/27/92, Page 13
I AA8 -92 (AB92 -365)
2 Laidlaw moored to uphold the Iii Exam- decision with a change of deadline
3 from October 15, 1992 to October 15, 1993.
4 The motion carried im ously.
5 11. DECISION ON APPEAL OF HEARING EXAM INER"$
6 DECISION... SCHNAUZER CROSSING, D BY VERMONT AND
7 DONNA MCALLISTER (AB92 -366)
8 This item was held for further review with legal counsel.
9 12, DECISION ON APPEAL OF HEARING EXAMINER'S
10 DECISION ... DUDECK, FILED BY FRANCIS J. DUDECK (AB92 -368)
11 This item was withdrawn.
12 13, APPEAL OF THE HEARING EXAMINER'S DECISION ON
13 NORTHWEST PIPELINE CORP., SHS92 -23, SCU92 -4, AND CU92 -32
14 FILED BY KIMES (AB92 -409)
15 This item was remanded bar: k to the Hearing Examiner.
16 14. ORDINANCE CREATING A PARKS & RECREATION DEPARTMENT
17 (AB92 -250A)
18 WARNER MOVED THE ORDINANCE BE ADOPTED.
19 WARNER MOVED TO AMEND BY DELETING SENIOR SERVICES FROM
20 THE TITLE SO THAT IT READS THE PARKS AND RECREATION DEPARTMENT.
21 The motion to amend carried 5 -2 with Harris and Vander Yacht opposed.
22 Warner suggested the language be adopted on page 235. Council concurred.
23 Warner said Lynch suggested a Council member be appointed. It was agreed that
24 a Council member could be a member of the Advisory Committee but that it should not be
25 mandated.
26 Vander Yacht said he was opposed to this change as it gives more control to the
27 County Executive.
28 The ordinance was adopted 5 -2 with Vander Yacht and Brenner opposed.
Minutes, 10/27/92, Page 14
1 15. DISCUSSION OF WHATCOM COUNTY WATER DISTRICT NO. TS
2 REQUEST FOR APPROVALOF RESOLUTION BY COUNTY COUNCIL
3 (AB92 -427)
This item was referred to the Water Resources Committee.
5 ADDENDUM
6 16, DISCUSSION ONLY Of REQUEST TO RECONSIDER THE LECLEZIO
7 REZONE; ORDINANCE AMENDING THE BIRCH BAY = BLAINE
8 SUBAREA COMPREHENSIVE PLAN MAP FROM RURAL TO LIO�IT
9 IMPACT INDUSTRIAL (.LII) AND THE OFFICIAL WC ZONING MAP
10 FROM RURAL-ONE-UNIT/TEN ACRES TO LlI WITH A CONTRACT
11 REZONE TO ALLOW LIMITED INDUSTRIAL USES ASSOCIATED
12 WITH RAIL ACCESS FOR APPROXIMATELY 209 ACRES
13 (ORDINANCE FILED UNDER AB92 -053 WAS DENIED ON OCTOBER
14 6)(AB92 -053A)
15 This item was not discussed.
17 1. ORDINANCE IN THE MATTER OF THE ADOPTION OF THE FINAL
' BUDGET OF WHATCOM COUNTY FOR THE YEAR 1993 AND
RESTRICTING THE EXPENDITURE OF CERTAIN FUNDS THEREIN
20 (AB92- 319A)(HEARING TO BE SCHEDULED NOVEMBER 17)
21 2. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY
22 AND STATE PURPOSES IN WHATCOM COUNTY WASHINGTON FOR
23 THE YEAR OF 1993, PURSUANT TO HOME RULE CHARTER
24 SECTION 6.10 (AB92- 414)(HEARING TO BE SCHEDULED NOVEMBER
25 26)
26 3. RESOLUTION TO ADOPT A SALARY SCHEDULE FOR THE
27 UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE
28 YEAR 1993 (AB92- 415)(REFERRAL TO FINANCE)
29 4. RESOLUTION IN THE MATTER OF ADOPTING A MULTI -YEAR
30 CAPITAL FACILITIES IMPROVEMENT PROGRAM (AB92-
31 416)(HEARING TO BE SCHEDULED NOVEMBER 26)
32 5. ORDINANCE AMENDING THE BIRCH BAY-BLAINE SUBAREA
33 COMPREHENSIVE PLAN AND THE OFFICIAL WHATCOM COUNTY
34 ZONING MAP FOR APPROXIMATELY SIX ACRES KNOWN AS LOTS
Minutes, 10/27/92, Page 15
1 1, 2, AND 3, BISHOP'S ACRES SHORT PLAT, SECTION 19, TOWNSHIP
2 40 NORTH, RANGE 1 EAST FROM URBAN RESIDENTIAL FOUR PER
3 ACRE TO GENERAL COMMERCIAL (AB92- 417)(REF'ERRAL TO
4 PLANNINQ)
5 6. RESOLUTION ADOPTING RECOMMENDATIONS OS 1992 G-Q OPEN
6 SPACE/TIMBER AND OPEN S PA C E OPEN S PACE APPLICATIONS
ICATIONS
7 (AB92- 413)(REFERRAL TO PIING)
8 7. RESOLUTION ADOPTING A MULTI =YEAR CAPITAL FACILITIES
9 IMPROVEMENT PROGRAM (AB92- 416)(HEARINQ TO BE
10 SCHEDULED)
11 This item was withdrawn as it duplicates item. 4.
13 8. ORDINANCE FINALIZING THE ASSESSMENT FOR DRAINAGE
14 IMPROVEMENT DISTRICT NO. 30 SUB - DISTRICT A (SOUTH FORK
15 DEER CREEK) (AB92 -358A) (HEARING TO BE SCHEDULED)
16 9. REQUEST TO AMEND THE CHERRY POINT - FERNDALE SUBAREA
17 COMP PLAN AND OFFICIAL WC ZONING MAP FOR
18 APPROXIMATELY ONE ACRE IN SECTION 28, TOWNSHIP 39
i9 NORTH, RANGE 2 EAST, FROM RURAL RESIDENTIAL ONE PER
20 ACRE TO URBAN RESIDENTIAL FOUR PER ACRE (AB92 -418)
21 10. REQUEST TO AMEND THE CHERRY POINT - FERNDALE SUBAREA
22 COMP PLAN AND OFFICIAL WC ZONING MAP FOR
23 APPROXIMATELY 14 ACRES IN SECTION 5, TOWNSHIP 39 NORTH,
24 RANGE 2 EAST, FROM RURAL FIVE ACRE TO GENERAL
25 COMMERCIAL (AB92 -419)
26 Items 1 -6 and 8 -10 were received and will be forwarded for the appropriate action.
27 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
28 Extended Deadline: The Overall Economic Development Plan (OEDP) deadline has
29 been extended to October 30; anyone interested can contact Laidlaw.
30 Cowden Issue (AB92.311B)
31 BRENNER MOVED TO ASK THE COUNTY EXECUTIVE ENFORCE THE
32 TERMS OF THE MAY 4TH LETTER.
Minutes, 10/27/92, Page 16
Henderson said this is a legal question and that is why we hired Jokin Moffat.
2 The motion failed 34 with Henderson, Vander Yacht, Imhof and Weser opposed..
3 Growth Management (AB92- 036'): Harris said a referendum is circulating that would
4 stay the Growth Management for a year; he stated the Council should be aware of the
5 ramifications to the County if there are enough signatures collected.
6 HARRIS MOVED TO ASIA BOB WOODS TO PUT TOGETHER A LIST OF
7 OPTIONS, AS SOON AS POSSIBLE, ON THIS ISSUE IF ENOUGH SIGNATUF,ES
gQD:
E
10
11
12
The motion carried 4 -3 with Warner, Henderson and Imhof opposed.
The meeting was adjourned at 11:38 p.m.
ATTEST:
14 Barbara Maher, Deputy Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Daniel M. Warne �ha�irnu nn
Minutes, 10/27/92, Page 17