HomeMy WebLinkAboutCounty Council August 13 19911
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WHATCOM COUNTY COUNCIL
Regular Meeting
August 13, 1991
The meeting was called to order by Chairman Daniel
Council Chambers, 1000 N. Forest.
Present Absent
Don Hansey None
Bob Imhof
Emily Jackson
Dennis Vander Yacht
Marge Laidlaw
Mary Vanderpol
READING AND APPROVAL OF MINUTES
Warner at 7 p.m. in the
The minutes of the July 2, 1991 meeting were approved as presented.
EXECUTIVE ITEMS
16 1. BID AWARD RECOMMENDATION FOR A SUPPLY OF PRE -CAST
17 CONCRETE BARRIERS, TYPE II, TO THE LOW BIDDER, CONCRETE
18 PRODUCTS, INC., FOR $29,804.77, INCLUDING SALES TAX (AB91-
19 316)
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Tom Sutberry, Deputy Administrator, explained this issue.
Vanderpol reported for Finance and recommended approval.
The motion carried unanimously.
2. REQUEST FOR APPROVAL OF BIDDERS' LIST FOR THE SUPPLY OF
PRINTING AND COPY PAPER FOR THE COMING YEAR (AB91-
317)
Vanderpol reported for Finance to recommended approval.
HE SO MOVED.
The motion carried unanimously.
3. BID AWARD RECOMMENDATION FOR A 1991 JEEP CHEROKEE
FOUR -DOOR WAGON TO THE LOW BIDDER, ROGER JOBS
MOTORS, INC., FOR $17,586, INCLUDING TAX (AB91-
1 Vanderpol reported for Finance and recommended approval.
2 HE SO MOVED.
3 The motion carried unanimously.
4 4. BID AWARD FOR PARKING LOT IMPROVEMENTS AT THE
5 WHATCOM COUNTY ANNEX TO THE LOW BIDDER, WHATCOM
6 BUILDERS, FOR $16,872.32 INCL. TAX (AB91 -319)
7 Vanderpol reported for Finance and recommended approval.
8 HE SO MOVED.
9 The motion carried unanimously.
10 5. BID AWARD RECOMMENDATION FOR REMODEL OF THE
11 BELLINGHAM SENIOR CENTER TO THE ONLY BIDDER, JOHN
12 DANIELS CONSTRUCTION, FOR $454,845.93 (AB91 -188B)
13 Vanderpol reported Finance recommended approval to the sole bidder.
14 HE SO MOVED.
15 The motion carried unanimously.
16 6. REQUEST FOR AUTHORIZATION TO ENTER INTO A LABOR
17 AGREEMENT BETWEEN WHATCOM COUNTY AND TEAMSTERS
18 LOCAL 231 (CORRECTIONS OFFICERS /SUPPORT STAFF, SH_ ERIFF"S
19 DEPARTMENT) (AB91 -248A)
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Vanderpol reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
7. REQUEST FOR AUTHORIZATION TO ENTER INTO AN AGREE-
MENT BETWEEN THE COUNTY AND THE WHATCOM COUNTY
PARKS AND RECREATION FOUNDATION (AB91 -322)
This item was held in committee.
8. NEW APPLICATION BY MARJAN J. ZAWACKI, JOHN J. LACEY, JR.,
Minutes, 8/13/91, Page 2
1 AND JAMES D. KOWAL FOR A CLASS EF LIQUOR LICENSE FOR AM
2 PM MINI MART #5597,1197 SLATER ROAD, BELLINGHAM (AB91-
3 323)
4 Imhof reported for Public Services and Solid Waste Committee and recommended
5 approval.
6 HE SO MOVED.
7 The motion carried unanimously.
8 9. BOARD APPOINTMENTS: (AB91 -324)
9 *NEW APPOINTMENT OF SCOTT W. MCGUINNESS TO A
10 FIRST, FULL THREE -YEAR TERM ON THE MENTAL HEALTH
11 ADVISORY BOARD TO RUN FROM 1/1/91 TO 12/31/93 (TO FILL
12 THE VACANCY LEFT WHEN MARY ELLEN SHIELDS RESIGNED).
13 *NEW APPOINTMENT OF TOMMY R. THOMSON TO A FIRST,
14 FULL THREE -YEAR TERM ON THE SUBSTANCE ABUSE BOARD TO
15 RUN FROM 1/1/91 TO 12/31/93 (TO FILL THE VACANCY LEFT
16 WHEN JOE JOHNSON RESIGNED).
17 LAIDLAW MOVED TO CONFIRM THE APPOINTMENTS OF SCOTT W.
18 MCGUINNESS TO THE MENTAL HEALTH ADVISORY BOARD AND TOMMY R.
? 9 THOMPSON TO THE SUBSTANCE ABUSE BOARD.
20 The motion carried unanimously.
21 10. EXECUTIVE'S REPORT
22 Sutberry stated that a national journal had listed Whatcom County as one of the up
23 and coming counties in the nation. Sutberry distributed the Financial report and said that
24 revenues are remaining healthy and close to predictions.
25 OTHER ITEMS (This item was considered at this time)
26 3. CONSIDERATION OF APPEAL OF HEARING EXAMINER'S DECISION
27 ON ADMINISTRATIVE APPEAL 3 -91, FILED BY JOHN AND LINDA
28 KUNNAP (AB91 -101)
29 IMHOF MOVED TO UPHOLD THE HEARING EXAMINER'S DECISION.
30 The motion carved unanimously.
31 SPECIAL PRESENTATION
Minutes, 8/13/91, Page 3
1 GROWTH MANAGEMENT ACT, PRESENTATION BY PAUL PARKER,
2 WASHINGTON STATE ASSOCIATION OF COUNTIES (AB91 -315)
3 Paul Parker, Washington State Association of Counties staff person working on
4 Growth Management issues, gave an overview of the progress to date. He mentioned the
5 following topics: An appeal process for those who feel aggrieved; Sanctions; Policies for
6 implementation of HB 1025; Urban growth areas and allocation of population; Annexation
7 and the requirements for sidewalks, sewers, etc.; State -wide requirements such as landfills,
8 airports, housing, and transportion.
9 Warner asked if the County now has jurisdiction over gravel pits? Parker said there
10 may be a new mineral resource legislation in the coming year.
11 Laidlaw asked if Mr. Parker would come to a meeting of the oversight committee of
12 staff members on August 22.
13 OPEN SESSION
14 Rebecca Malloy, 2413 Lafayette Street: Asked when she should speak about the
15 airport. Warner said there would be hearings scheduled for both the airport issue and the
16 major permit policy. Malloy said the law does clearly indicate that hearings are in order to
17 permit more public involvement.
18 Joseph Yaber, Resident of Bellingham: Also spoke in favor of hearings on the
19 airport issue.
20 Larry Harris, Deming: Asked if the Council planned to act on the Kendall proposal
21 tonight? The answer was yes.
22 Robert Joyce, Kendall Road: The Kendall rezone is next to his 20 acre parcel.
23 There is a tremendous amount of recreational development in that area; he is against any
24 more because of the increased garbage that will be created. He said that he and his wife
25 pick up a great deal of garbage in front of their property every week.
26 Peterjohn Joshua Tracy: He stated Mr. Joyce did not have 20 acres and he (Tracy)
27 did not put garbage in front of Mr. Joyce's property.
28 - Richard Joyce, 7688 Kendall Road: He disagreed with the previous speaker; he and
29 his brother Robert's land does adjoin his land and there are 22 acres.
30 The open session was closed.
31 HEARINGS
32 1. ORDINANCE GRANTING CABLE TELEVISION FRANCHISE TO
Minutes, 8/13/91, Page 4
TELCOM CABLE TV, INC. (AB91 -101)
2 The public hearing was opened.
3 Tom Sutberry, Whatcom County Executive Office, mentioned that on page 73, line
4 18 1/2 there needs to be a change from annual payments to quarterly payments.
5 The public hearing was closed.
6 IMHOF MOVED THIS ORDINANCE BE ADOPTED.
7 The motion carried unanimously.
8 2. RESOLUTION IN THE MATTER OF SUBMITTING TO THE VOTERS
9 A PROPOSAL AUTHORIZING THE POINT ROBERTS TRANSPORTA-
10 TION BENEFIT DISTRICT TO IMPOSE A ONE CENT PER GALLON
11 EXCISE TAX ON THE RETAIL SALE OF MOTOR VEHICLE FUEL
12 AND SPECIAL FUEL WITIUN THE BOUNDARIES OF SAID DISTRICT
13 (AB91 -217C)
14 The public hearing was opened.
15 Claudette Upton, 610 South Beach Road; She stated the Point Roberts Voters'
1.6 Association is in support of this issue. Only 20 miles of road for 600 residents so there is
17 not a great deal of revenue from the roads.
18 The public hearing closed.
19 HANSEY MOVED APPROVAL OF THIS RESOLUTION.
20 Topics included: Who would be in charge of this district if it is set up;
21 who runs the district after it is set up (Council); the anticipated revenue ($300,000).
22 Comments were made by: Vanderpol, Warner, Jackson.
23 Jackson said the residents did not want the passage of this to have the normal funds
24 removed from the support of the roads. The purpose is to get additional funding.
25 Warner said this will be on the November ballot if passed.
26 The motion carried unanimously.
27 3. PETITION FOR VACATION OF A PORTION OF AN ALLEY IN BLOCK
28 8, PLAT OF WEST GENEVA, ABUTTING LOTS A, B, C, 8, 9, 10, 11,
29 AND 12, FILED BY M.D. PLENKOVICH (AB91 -210) (CONTINUED
30 FROM 8/6)
Minutes, 8/13/91, Page 5
1 The public hearing opened. Hearing no comment, the hearing was closed.
2 IMHOF MOVED TO APPROVE THE PETITION FOR THIS ROAD VACA-
3 ' TION.
4 The motion carried unanimously.
5 OTHER ITEMS
6 1. ORDINANCE PLACING STOP SIGNS ON DRAYTON HARBOR ROAD
7 (AB91 -265)
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Imhof explained the progress that has been made in the meetings and said Public
Service Committee recommended adoption of this ordinance.
HE SO MOVED.
The motion carried unanimously.
2. ORDINANCE CLOSING DRAYTON HARBOR ROAD TO THROUGH
TRAFFIC (AB91 -266)
This item was kept in committee.
3. CONSIDERATION OF APPEAL OF HEARING EXAMINER'S DECISION ON
ADMINISTRATIVE APPEAL 3 -91, FILED BY JOHN AND LINDA KUNNAP
(AB91 -304)
The Hearing Examiner was upheld. This item was moved to the early part of the
meeting immediately after Executive Items.
4. RESOLUTION SETTING A DATE FOR PUBLIC HEARING TO
DECLARE A WRECKED 1991 DODGE SPIRIT FOUR DOOR SEDAN
SURPLUS (AB91 -321)
Vanderpol reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
5. RESOLUTION SETTING A DATE FOR PUBLIC HEARING TO
DECLARE COUNTY PROPERTY SURPLUS (AB91 -320)
Minutes, 8/13/91, Page 6
1 Vanderpol reported for Finance and recommended approval.
2 HE SO MOVED.
3 The motion carried unanimously.
4 6. ORDINANCE TO ESTABLISH THE SUPERIOR COURT TRUST FUND
5 (AB91 -291)
6 Vanderpol reported for Finance and recommended approval.
7 HE SO MOVED.
8 The motion carried unanimously.
9 7. ORDINANCE TO ESTABLISH THE DISTRICT COURT SUSPENSE
10 FUND (AB91 -292)
11 Vanderpol reported for Finance and recommended approval.
12 HE SO MOVED.
13 The motion carried unanimously.
14 8. RESOLUTION REVISING RESOLUTION 91 -051 WHICH ESTABLISHED
15 THE INTENT FOR THE FORMATION OF A LAKE MANAGEMENT
16 DISTRICT FOR THE LAKE SAMISH AREA, AND SET A PUBLIC
17 HEARING (AB91 -235B)
18 LAIDLAW MOVED TO APPROVE THIS ITEM.
19 The motion carried unanimously.
20 9. ORDINANCE AMENDING THE OFFICIAL ZONING ORDINANCE
21 RELATED TO USES ALLOWED IN INDUSTRIAL ZONES, PERFOR-
22 _ MANCE STANDARDS IN INDUSTRIAL ZONES, AND MAJOR
23 DEVELOPMENT PERMIT REQUIREMENTS (AB91 -281)
24 Laidlaw reported for Planning and Development; the Committee recommended
25 Council hold its own public hearing on September 24 or shortly thereafter.
26 SHE SO MOVED.
27 The motion carried unanimously.
Minutes, 8/13/91, Page 7
1 10. ORDINANCE AMENDING THE ZONING MAP AND CHERRY POINT -
2 FERNDALE SUBAREA PLAN FROM GENERAL COMMERCIAL TO
3 URBAN RESIDENTIAL-3/DU/ACRE FOR A PARCEL OF LAND
4 (RIGHT -0F -WAY) . THAT WAS OMITTED WHEN A PREVIOUS
5 REZONE WAS APPROVED IN 1990 (AB91 -282)
6 Laidlaw reported for Planning and Development and recommended approval.
7 SHE SO MOVED.
8 The motion carried unanimously.
9 11. RECOMMENDED DENIAL OF A REQUEST TO REVISE THE
10 LYNDEN- NOOKSACK VALLEY SUBAREA PLAN MAP AND ZONING
11 MAP FROM AGRICULTURE TO RURAL 2 ACRES, ONE DWELLING
12 UNIT PER TWO ACRES FOR APPROXIMATELY 12 ACRES OF A 17-
13 ACRE PARCEL LOCATED EAST OF HANNEGAN ROAD AND SOUTH
14 OF VAN DYK ROAD (AB91 -283)
15 This item was kept in committee.
16 12. ORDINANCE AMENDING THE OFFICIAL FOOTHILLS COMP PLAN
17 MAP AND TEXT FROM RURAL TO COMMERCIAL AND THE
A OFFICIAL ZONING MAP FROM RURAL 5 ACRE AND NEIGHBOR -
19 HOOD COMMERCIAL TO TOURIST COMMERCIAL FOR LOT 2,
20 KENDALL ACRES SHORT PLAT FOR APPROXIMATELY 5.11 ACRES
21 ON KENDALL ROAD AND MOUNT BAKER HIGHWAY (AB91 -284)
22 LAIDLAW MOVED TO ADOPT THIS ORDINANCE WITH THE ACCOMPA-
23 NYING CONCOMITANT AGREEMENT.
24 Topics included: The need for hotel -motel use in the area; concomitant agreement;
25 benefit for the public good; lack of water or sewer in the area; custom rezoning.
26 Comments were made by Laidlaw, Warner, Vander Yacht, Jackson and Taylor.
27 - The motion carried 5 -2 with Vander Yacht and Jackson against.
28 13. ORDINANCE AMENDING THE COMPREHENSIVE PARK AND
29 RECREATION OPEN SPACE PLAN TO AMEND: LUMNII ISLAND DAY
30 USE /OVERNIGHT CAMPING AREA USES; AND THE TRAILS
31 SECTION, REGARDING THE SUMAS CONNECTION ROUTE AND
32 THE LYNDEN CONNECTION ROUTE (AB91 -285)
33 Laidlaw reported for Planning and Development and recommended approval.
Minutes, 8/13/91, Page 8
1 There was discussion
2 SHE SO MOVED.
3 LAIDLAW MOVED TO AMEND STATING THE SEPA DECLARATION OF
4 NON - SIGNIFICANCE WAS ADDED ON AUGUST 8.
5 The motion to amend carried unanimously.
6 The motion to adopt the ordinance carried unanimously.
7 14. RECOMMENDED DENIAL OF A REQUEST TO REVISE THE LAKE
8 WHATCOM COMP PLAN MAP FROM FORESTRY TO RURAL AND
9 AMENDING THE ZONING MAP FROM FORESTRY TO RURAL-5-
10 ACRES FOR A 26.5 -ACRE PARCEL ON LAKE LOUISE ROAD (AB91-
11 286)
12 Laidlaw reported for Planning and Development and recommended denying the
13 rezone as recommended.
14 SHE SO MOVED.
15 The motion carried unanimously.
16 15. ORDINANCE AMENDING THE POINT ROBERTS SUBAREA COMP
17 PLAN MAP AND THE ZONING MAP FROM URBAN RESERVE AND
18 URBAN RESIDENTIAL -3 PER ACRE TO RESORT COMMERCIAL FOR
19 APPROXIMATELY 0.87 ACRES (AB91 -287)
20 Laidlaw reported for Planning and Development and explained the issue. The
21 committee was assured this would not set a precedent and they recommended approval.
22 SHE SO MOVED.
23 Taylor mentioned the SEPA declaration of non- signifiance was accepted on August
24 _ 8 for this item as well.
25 The motion carried unanimously.
26 16. RECOMMENDED DENIAL OF A REQUEST TO AMEND THE URBAN
27 FRINGE SUBAREA COMP PLAN MAP AND THE ZONING MAP
28 FROM URBAN RESERVE AND UR-4 RESPECTIVELY TO URBAN
29 RESERVE MEDIUM AND URM -12 FOR APPROXIMATELY 30 ACRES
Minutes, 8/13/91, Page 9
1 AND URM -6 FOR APPROXIMATELY 35 ACRES OF A COMBINATION
2 OF PARCELS TOTALLING APPROXIMATELY 85 ACRES (AB91 -288)
3 Laidlaw reported for Planning and Development that the proponent plans to
4 withdraw the request. The committee recommended postponing a decision until such time
5 as the on -going urban fringe study has been completed.
6 SHE SO MOVED.
7 The motion carried unanimously.
8 17. ORDINANCE AMENDING THE BIRCH BAY -BLAINE SUBAREA
9 COMP PLAN MAP FROM COMMERCIAL - RESORTTO COMMERCIAL -
10 GENERAL AND THE ZONING MAP FROM RESORT COMMERCIAL
11 TO GEN. COMMERCIAL SUBJECT TO A CONCOMITANT AGREE -
12 MENT FOR AN APPROX. 15 -ACRE PARCEL IN THE NORTHEAST
13 CORNER OF THE INTERSECTION OF BIRCH BAY- LYNDEN ROAD
14 AND HARBOR VIEW ROAD (AB91 -289)
15 This was kept in committee.
16 18. RESOLUTION CALLING FOR A JOINT MEETING WITH REPRESEN-
17 TATIVES OF THE COUNTY AND EACH OF THE CITIES IN WHATC-
A OM COUNTY TO ESTABLISH A PROCESS FOR ADOPTION OF
19 COUNTY -WIDE PLANNING POLICIES IN ACCORDANCE WITH THE
20 GROWTH MANAGEMENT ACT (PART H) (AB91 -315A)
21 Laidlaw said a meeting will be held on September 11 to discuss this item.
22 LAIDLAW MOVED THIS ITEM BE APPROVED.
23 JACKSON MOVED TO AMEND NUMBER 4 BY ADDING THE PORT OF
24 BELLINGHAM TO THE COUNCIL OF GOVERNMENTS.
25 Laidlaw, Hansey, and Imhof spoke against adding the amendment.
26 The amendment failed 6 -1 with Jackson voting for it.
27 The motion to adopt was carried unanimously.
28 19. ORDINANCE AMENDING THE ZONING ORDINANCE TO ALLOW
29 FOR ADDITIONAL USES AND TO MODIFY PROVISIONS REGULAT-
30 ING DEVELOPMENT . IN THE AIRPORT OPERATIONS ZONE
31 DISTRICT (AB91 -280)
Minutes, 8/13/91, Page 10
1 LAIDLAW MOVED TO HOLD A PUBLIC HEARING ON SEPTEMBER 24 OR
2 AS SOON THEREAFTER AS POSSIBLE.
3 The motion carved unanimously.
4 INTRODUCTION
5 1. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON SV2-
6 91, FILED BY ROBERT C. ROSS, FOR RICHARD HARTBRODT (AB91-
7 314) (PLACED ON FILE PENDING RECEIPT OF TRANSCRIPT)
8 2. ORDINANCE AMENDING ORDINANCE 79 -24 RELATING TO
9 PERSONAL PROPERTY OF DECEASED PERSONS UNDER THE
10 JURISDICTION OF THE MEDICAL EXAMINER (AB91 -325)
11 3. ORDINANCE REVISING THE WHATCOM COUNTY CODE, SECTION
12 1.10.90 AND SECTION 1.10.200 OF WHATCOM COUNTY (AB91 -326)
13 4. RESOLUTION DECLARING A WRECKED 1991 DODGE SPIRIT FOUR
14 DOOR SEDAN SURPLUS AND AUTHORIZING ITS SALE (AB91 -321A)
15 (HEARING TO BE SCHEDULED)
16 5. RESOLUTION DECLARING COUNTY PROPERTY SURPLUS AND
.7 AUTHORIZING SALE OF SAME (AB91 -320A) (HEARING TO BE
18 SCHEDULED)
19 Items 1 -3 will be referred to the appropriate committee and items 4 and 5 will be
20 scheduled for public hearing.
21 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
22 Laurel Road /Guide Meridian Intersection: Jackson said the report from Engineering
23 noted the increased traffic at the Laurel and Meridian intersection. She said she would like
24 to have the Council invite the Department of Transport there at the end of a school day to
25 have a meeting. Laidlaw said this issue is being considered as a petition has been
26 _ distributed. Jackson said she is still getting a lot of calls from constituents; she said she is
27 concerned the Council is not supporting the installation of a light with enough emphasis.
28 She said she wants her concerns put on the record.
29 Sandy Point Community Wetlands Project: Imhof noted the following item:
Minutes, 8/13/91, Page 11
1 Addendum
2 OTHER ITEMS
3 20. RESOLUTION DECLARING SUPPORT FOR THE SANDY POINT
4 COMMUNITY WETLANDS PROJECT (AB91 -327):
5 Imhof explained this issue and recommended it be supported.
6 HE SO MOVED.
7 LAIDLAW MOVED TO AMEND THE RESOLUTION BY ADDING AFTER
8 "WHEREAS" ON LINE FOUR '"THE IMPROPER DISPOSAL OF LAWN AND
9 GARDEN WASTE MAY THREATEN WETLANDS AND ".
10 Imhof accepted this as a friendly amendment.
11 The motion to approve the amended resolution carried unanimously.
12 Road Issues: Laidlaw said she was pleased to see the Engineering department
13 postponing some issues for the completion of an urban fringe plan.
14 Lake Whatcom Connector Study: Laidlaw said she has concerns over the Lake
15 Whatcom Connector Study.
16 Appropriate Use of Political Office: Vanderpol said he distributed a memo regarding
17 appropriate conduct in the Council Chambers and Office for Council Members running for
18 public office (AB91 -330). Vanderpol said he is content that this is noted and in the record.
19 Warner said that propriety must be adhered to. Haney disagreed with the memorandum
20 and said he would prepare a written response.
21 The meeting was adjourned at 8:55 p.m.
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23 ATTEST:
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25 B ara Maher, Depu lerk
WHATCOM COUNTY COUNCIL,
WHATCOM COUNTY, WASHINGTON
r
Daniel M. Warner, Chairman
Minutes, 8/13/91, Page 12