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HomeMy WebLinkAboutCounty Council January 22 1991WHATCOM COUN'T'Y COUNCIL Regular Meeting January 22, 1991 The meeting was called to order by Chairman Dan Warner at 7 p.m. in the Council Chambers, 1000 N. Forest. Present Absent Bob Imhof None Dennis Vander Yacht Mary Vanderpol Emily Jackson Don Hansey Marge Laidlaw Dan Warner thanked Don Hansey for his years of service and hoped he could do the job as well. READING AND APPROVAL OF MINUTES The minutes of the December 4, 1990 meeting were approved as presented. EXECUTIVE ITEMS 1. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A CONTRACT WITH ENVIRONMENTALRESOURCE SERVICES FOR SOLID WASTE REDUCTION AND RECYCLING EDUCATION AND PROMOTION PROGRAM IN THE AMOUNT OF $65,911 (AB91- 014) Van Zanten explained this item. Vanderpol reported Finance recommended approval to Council. HE SO MOVED. The motion carried unanimously. 2. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER INTO AMENDMENT NO. 8 FOR CONSULTING SERVICES WITH HARDING LAWSON ASSOCIATES FOR ADDED GROUNDWATER MONITORING WORK AND ADDED DESIGN AND CONSTRUCTION MANAGEMENT SERVICES IN THE AMOUNT OF $22,709 (AB91 -015) Van Zanten said this is an amendment to the agreement with Harding Lawson Associates (formerly Harper & Owes) adding time and money to the contract. The company was asked to do additional work amounting to $11,790. Vanderpol reported Finance recommended approval to Council. HE SO MOVED. Jackson said she would like a review of the testing done by Department of Ecology (DOE) before spending any more money. Van Zanten said the testing done by DOE has nothing to do with this contract. The motion carried 6 -1 with Jackson opposed. 3. BID AWARD RECOMMENDATION FOR TEN FOUR -DOOR POLICE SEDANS TO THE LOW BID, THE OPTION AVAILABLE THROUGH THE STATE CONTRACT NO.180B -90 FROM GILCHRIST CHEVROLET IN TACOMA AT $12,712.32 PER VEHICLE, FOR A TOTAL OF $127,123.20 PLUS SALES TAX (AB91 -016) Van Zanten explained this item. There was only one bid from Jerry Chambers. The State contract is $5,000. cheaper so the decision is to go with the State bid. Vanderpol reported Finance recommended approval to Council. HE SO MOVED. The motion carried unanimously. 4. BID AWARD RECOMMENDATION FOR A TWO YARD CAPACITY WHEEL LOADER WITH PALLET FORKS TO THE LOWEST RESPON- SIVE BIDDER, N.C. MACHINERY CO., FOR A CATERPILLAR IT18B LOADER AT A NET PRICE OF $53,645.73 INCLUDING TRADE IN AND SALES TAX (AB91 -017) Van Zanten explained they were recommending the lowest responsive bidder. Vanderpol reported Finance recommended approval to Council. HE SO MOVED. The motion carried unanimously. 5. EXECUTIVE'S REPORT Warner asked how long the weight restrictions would last. The north part of the County and up in the foothills still have weight restrictions and it is not known how long this will last. Minutes, 1/22/91, Page 2 SPECIAL PRESENTATION BELLINGHAM WHATCOM COUNTY HUMANE SOCIETY -- UPDATE ON DOG LICENSING AND OTHER PROGRAMS (TIM LUCY) (AB91- 018) Tim Lucy, Director of Operations; Lucy said the new dog control ordinance has been in effect for six months now. He said owners understand better what is expected of them. He would like some enforcement, penalty provision and a reduced fee for senior citizens. He feels this is saving the County time and money due to reduced court actions. There are now 1216 dogs licensed in the County which is four times what it used to be. Some dog owners are not aware of the legal requirements. He discussed the costs involved with selling licenses and the revenues it brings. Jackson asked if people who visit often would be required to comply. Lucy said probably not if they can prove residency elsewhere. OPEN SESSION Linda Zander, 2003 Pangborn Road: She discussed her discontent with the Health Department. She said the people who are within 1000 feet of the sewage site were deleted from a recent survey because they responded in writing but they were complying with legal advice that they should respond in writing. Zander stated they sent the responses by registered mail and they were still deleted from the survey. The Health Department has been less than honorable and have shown callous disregard for public health, said Zander. She and her attorney have been through the files five different times and have found out that four other cities have been dumping at this site. John Leibrant, formerly of Cedarville: He said he has tried to speak to the Council for two years but is reading to the Council this time. He read from the Harper and Owes report. He said it is asinine to say people can drink the leachate at Cedarville. Leibrant said that even though the Council authorized him to get a water sample, the Executive has turned him down. Fred Seeger, 242 Forest Lane: In construction business representing five suppliers regarding the surface mining issue that is coming up later in the meeting. He would like to understand how laws are made. The first public hearing was in July of 1990 but he did not have any ordinance to look at then, only a staff report. There was no discussion on the specifics of an ordinance. He attended many hours of the Planning Commission discussion but there was no opportunity for anyone to speak on the industry side. There are many changes from the document that was originally discussed. The legal counsel questioned whether the Council had regulatory authority. He said he would like this to be sent back to the Planning Commission for a public hearing. Fred Miller, 3229 North Shore: Showed some slides including correspondence regarding the Lake Whatcom Connector. He showed maps displaying where clear -cuts had Minutes, 1/22/91, Page 3 occurred and stated that there were development plans for these areas. The route for the Connector is conveniently close to the proposed development. He showed an excerpt from the Growth Strategies bill regarding water quality that the Council voted to support. There are things the Council can do to protect water quality, said Miller. Art Hyatt, 2318 North Shore Road: He is speaking for Friends of Lake Whatcom. He suggested that in selecting the Solid Waste Advisory Committee, the Council must choose stronger leadership with advocacy for watershed protection. Chet Lackey, 401 Bellingham National Bank Building: He said he represents Sumas Transport and Denny Scheffer. He said he agrees with Mr. Seeger that it requires close study to understand this issue. One of the conditions on a conditional use permit will be a restriction as to depth; some of the current pits would be greatly affected. He said he feels the process has been improper and there needs to be industry input. Larry Harris, 6375 Eastwood Road: In support of the members of the Planning Commission who wish to have the Council pass this ordinance tonight. He said he feels this will protect neighborhoods. He said it has growth management goals, and water quality goals. This ordinance evolved slowly because of the technical nature and they consulted many experts to glean enough information to produce it. To a large extent this industry has been unregulated. He showed a copy of the study done by the Engineering department to show the effects of unregulated pits. In passing this ordinance he said he feels this industry will be properly regulated. Warner said he is grateful for the work done by the Planning Commission on this issue. Robert Watson, 487 E. Hemmi Road: He lives on the edge of a gravel pit and said he feels there are many acres of gravel pits in his vicinity. His neighbor mined gravel before requesting a permit. When Watson informed the County that a gravel truck was leaving every ten minutes he was told there was no -one to come out and enforce the law. He said he hopes this ordinance is passed tonight. Jonathon Sitkin, 119A Grand Avenue: Spoke on the Emergency ordinance prohibiting development on the Guide Meridian from Wiser Lake to Bartlett Road. He said the regular ordinance will not take effect in time to prevent a window in which people could apply for permits. Dave Ernst, 303 E. Champion: He said the Planning Commission will be very busy with the Growth Management issues so it would be next year before this could be reviewed. The process always followed in these issues was followed. The sand and gravel people were invited to a meeting so input from the industry was given to the members. He urges the Council to deal with it now. Darlene Del Boca, 7208 Lankhaar Road: Presented a petition with many names of retired farmers, geologists, etc.; she urged the Council to support the Planning Commission Minutes, 1/22/91, Page 4 in this issue and read the petition aims. Jay Hoff, 559 E. Axton: She said she is in favor of this being adopted; states the Planning Commission has paid great attention to detail in this issue. Gary Orr, 2301 Huron: He would like this to go back to the Planning Commission because he understands there have been 18 changes from the original. He said he understands current pits would be inoperative within three years; when ten feet is wiped out a great deal of a pit would be wiped out. He thinks that the legal department would confirm that wiping out long -term contracts would be legally hard to break; many old permits that have years to run yet. The zoning was incorrect in many areas. John Davis, 5556 Guide Meridian: Regarding the garbage issues. He said he had sent out letters to everyone on the Council but only received a letter from Dan Warner and a meeting with Emily Jackson. He would like the rest of the Council members to respond in writing so CAN is able to work on a letter of intent that is agreeable to all. Phyllis Kronenberg, No address given: Distributed pictures to Council members. HEARINGS AND FINAL CONSIDERATION closed. PETITION FOR VACATION OF THE ALLEY BETWEEN LOTS 7 AND 8 AND BASS AND DEMOCRAT STREETS, FILED BY ERIC KEYES (AB90 -401) The public hearing was opened. There was no comment so the public hearing was IMHOF MOVED TO APPROVE THIS VACATION. The motion was carried unanimously. 2. PETITION FOR VACATION OF AN ALLEY IN BLOCK 12, AMENDED PLAT OF GENEVA, FILED BY GAYLE LUEDKE (AB91 -400) The public hearing was opened. Dan Brumfield: Opposed to the vacation. Owns the adjoining lots and in a dispute over the property lot. It would unduly impact him as it would take away his access rights, He has an encroachment permit. He said if the vacation is allowed he wants easement rights. Gayle Luedke: Would like the alley vacated and ten feet of the alley would go to Mr. Brumfield if he is not infringing on her property. She said their dispute would be going to court. This alley has never been opened and it would be beneficial to all the owners in this area. She said this would put some property back on the tax rolls. Minutes, 1/22/91, Page 5 The public hearing was closed. Imhof said there was no committee recommendation. IMHOF MOVED TO SEND IT BACK TO COMMITTEE FOR A MONTH WHILE THIS ISSUE IS WORKED OUT. Hansey said he thought this was unwise as this is putting the Council in the middle of a private dispute. Laidlaw asked Henken if this was a revocable or irrevocable permit. Henken said it was revocable. Vanderpol asked if access would be cut off. Henken said they would still have easement rights and that this is an old territorial plat. Motion passed with Laidlaw, Hansey and Warner against. 3. ORDINANCE AMENDING ORDINANCE 87 -41, TO INCREASE LAND USE PERMIT FEES BY 20 PERCENT (AB90 -452) The public hearing was opened and will be carried over until the next meeting. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. ORDINANCE AMENDING THE TEXT OF THE OFFICIAL ZONING ORDINANCE TO ALLOW ADMINISTRATIVE APPROVAL INSTEAD OF CONDITIONAL USE APPROVAL OF TEMPORARY SECOND DWELLINGS FOR FAMILIES WITH SPECIAL MEDICAL NEEDS (AB91 -013) Laidlaw reported Planning and Development said this ordinance would change the permitting of temporary second dwellings for families with special medical needs from conditional use to administrative permitting. SHE SO MOVED. Taylor said there was a correction on line 23 of page 3 of the ordinance; the first number should be 20 instead of 100. Warner asked if it had to be a family member, Taylor said it probably could be caretaker as well as family. The motion carved unanimously. Minutes, 1/22/91, Page 6 2. ORDINANCE AMENDING THE OFFICIAL ZONING ORDINANCE AND THE INTERIM ZONING ORDINANCE REGARDING SURFACE MINING ACTIVITIES IN THE RURAL, AGRICULTURE, FOREST AND GENERAL PROTECTION ZONING DESIGNATIONS (AB90 -443) (KEPT IN PLANNING AND DEVELOPMENT MEETING (1/11/91)) Laidlaw reported Planning & Development recommended the ordinance be adopted. SHE SO MOVED. Laidlaw said a minor amendment needs to be made; page 15, second line of Chapter . ............................... 20.83 Nonconforming Uses and Parcels .150 should read ...Existing operationsvtl<iaia without a County Conditional Use Permit. Thi�� ��am ss e addition should be made after "Existing operations" on page 8, item H, line 38; page 14, item H, line 20; and page 19, item H. line 33 of the ordinance. SHE SO MOVED. The amendment was carried unanimously. VANDERPOL MOVED THE VOTE ON THIS ZONING ORDINANCE BE TABLED UNTIL THE COUNTY COUNCIL CAN SCHEDULE A HEARING AT THE FIRST COUNCIL MEETING THAT QUALIFIES. Jackson spoke against it; she said she believes the County does have the authority to pass this ordinance. Vander Yacht and Warner said the industry people do merit a hearing. Vanderpol said the changes have been extensive and there was not one Planning Commission meeting where these people had a chance to speak. It will give everyone a chance to be heard. Warner said he would support the motion as it is important that people feel they have fair communication. Laidlaw said it had been looked at sufficiently in committee and she would like it to be dealt with. She said it would take many work sessions to be fully knowledgeable on this issue. Laidlaw recommended passing this knowing it may need revisions down the road. She said the Planning Commission will be dealing with this in regard to Growth Manage- ment discussions. There was discussion between Warner and Laidlaw regarding the changes from the original document. Watts said that any amendments to this ordinance would have to go through the Planning Commission. If any fine tuning is to be done it should be done in a public hearing held by the Council prior to adoption. Haney mentioned some of the changes that concerned industry people would like addressed. The motion carried 5 -2 with Jackson and Laidlaw against. Minutes, 1/22/91, Page 7 OTHER BUSINESS 1. NOMINATIONS TO COUNCIL - APPOINTED POSITIONS ON BOARDS AND COMMISSIONS (AB91 -005) (PAPERWORK ON SOLID WASTE ADVISORY COMMITTEE APPLICANTS HAS BEEN DISTRIBUTED TO COUNCIL; A LIST OF APPLICANTS IS IN THE PACKET) Nominations were opened. Each Council member nominated six names out a list of 16 applicants. Council Member Nominations Hansey Roy Lundgren, Corky Smith, Jr., John Von Krusenstiern, Carol Rondello, Barbara Brenner, Daniel Mahar Vander Yacht Roy Lundgren, Corky Smith, Jr., John Von Krusenstiern, Carol Rondello, Barbara Brenner, Harry Skinner Imhof Roy Lundgren, Corky Smith, Jr., John Von Krusenstiern, Barbara Brenner, Daniel Mahar, Harry Skinner Jackson Paul Razore, John Von Krusenstiern, Carol Rondello, Barbara Brenner, Becky Peterson, Harry Skinner Warner Paul Razore, John Von Krusenstiern, Carol Rondello, Barbara Brenner, Daniel Mahar, Becky Peterson Laidlaw Roy Lundgren, Corky Smith, Jr., John Von Krusenstiern, Carol Rondello, Daniel Mahar, Harry Skinner Vanderpol Roy Lundgren, Paul Razore, John Von Krusenstiern, Carol Rondello, Daniel Mahar, Becky Peterson John Von Krusenstiem (representing Recyclers), Roy A. Lundgren (Collec- tion /Disposal), Carol Rondello (Public Interest Group) and Daniel Mahar (Citizen) were nominated on the first round but there was a four -way tie for the last two positions so another round of nominations for those positions was required. Council Member Haney Vander Yacht Imhof Jackson Warner Laidlaw Vanderpol Nominations Corky Smith, Jr., Barbara Brenner Corky Smith, Jr., Harry Skinner Corky Smith, Jr., Barbara Brenner Corky Smith, Jr., Barbara Brenner Barbara Brenner, Becky Peterson Corky Smith, Jr., Harry Skinner Becky Peterson, Harry Skinner On the second round of nominations Corky Smith, Jr., (Collection /Disposal) and Barbara Brenner (Public Interest Group) were nominated most often. WARNER MOVED TO SUSPEND THE RULES AND APPOINT THE SIX TOP NOMINEES TO THE SOLID WASTE ADVISORY COMMITTEE. Minutes, 1/22/91, Page 8 Motion to suspend rules carried unanimously. The motion to appoint the six nominees carried unanimously. Daniel Mahar's term will be for one year as he will be finishing the term vacated by Robert Eslinger (Citizen) which ends 12/31/91. He would be eligible to reapply for appointment at that time. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *Consent Items 1. RESOLUTION DIRECTING THE AUDITOR TO ADVERTISE BIDS FOR THE COUNTY'S OFFICIAL NEWSPAPER WILL BE OPENED, READ ALOUD, AND CONSIDERED (AB91 -019) Vanderpol reported Finance recommended approval of this item. HE SO MOVED. Carried unanimously. 2. RESOLUTION PROPOSING THE CREATION OF A DIKING DISTRICT FOR THE PURPOSE OF UNDERTAKING AND MAINTAINING CERTAIN FLOOD CONTROL IMPROVEMENT PROJECTS; SETTING FORTH THE BOUNDARIES OF SAID DIKING DISTRICT; AND DIRECTING THE COUNTY ENGINEER TO INVESTIGATE THE PROPOSED BOUNDARIES OF SAID DIKING DISTRICT AND THE FEASIBILITY OF SAID PROJECTS (AB91 -020) Imhof reported Public Service recommended approval. HE SO MOVED. The motion carried unanimously. 3. *ORDINANCE APPROVING AND CONFIRMING THE FINAL ASSESS- MENT ROLL FOR LRID NO. 10; LEVYING AND ASSESSING THE AMOUNT THEREOF AGAINST THE LOTS, TRACTS, PARCELS OF LAND AND OTHER PROPERTY ON SAID ROLL; AND CERTIFYING THE SAME TO THE COUNTY TREASURER FOR COLLECTION (AB91 -021) (HEARING TO BE SCHEDULED) This item will be referred to the appropriate committee. 4. EMERGENCY ORDINANCE IMPOSING A MORATORIUM ON PROCESSING BUILDING PERMIT APPLICATIONS FOR DEVELOP- MENT IN THE GENERAL COMMERCIAL ZONE BETWEEN WISER Minutes, 1/22/91, Page 9 LAKE AND THE BARTLETT ROAD ON GUIDE MERIDIAN, PENDING STUDY OF APPROPRIATE OFFICIAL CONTROLS Laidlaw reported Planning & Development recommended adoption to Council. SHE SO MOVED. The motion was carried unanimously. 5. *ORDINANCE IMPOSING A MORATORIUM ON PROCESSING BUILDING PERMIT APPLICATIONS FOR DEVELOPMENT IN THE GENERAL COMMERCIAL ZONE BETWEEN WISER LAKE AND THE BARTLETT ROAD ON GUIDE MERIDIAN, PENDING STUDY OF APPROPRIATE OFFICIAL CONTROLS This item will be referred to the appropriate committee. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Letter of Intent: Dan Warner spoke of the meeting he and Emily Jackson had with CAN regarding the Letter of Intent. Warner explained this letter does say that the council does reserve the right to change its mind if further information becomes available. JACKSON MOVED THE LETTER OF INTENT BE ADOPTED. WARNER MOVED AN AMENDMENT TO INCLUDE THE FOLLOWING LANGUAGE: THAT THE REPRESENTATIVES OF CAN ON BEHALF OF THEIR ORGANIZATION AGREE TO WITHDRAW THEIR REFERENDA CHALLENGING THE COUNTY'S COLLECTION DISTRICT AND SERVICE LEVEL ORDINANCE; A LINE WOULD BE DRAWN FOR THE SIGNATURES OF THE CAN REPRESEN- TATIVES. HANSEY MOVED THAT AN ADDITION TO THE AMENDMENT BE MADE STATING THIS AGREEMENT MUST BE SIGNED BY CAN REPRESENTATIVES NO LATER THAN JANUARY 25, 1991. Warner said he would accept this as a friendly addition to his amendment. Haney said if this is not signed and executed by January 25, Watts would proceed with the judgment against them. Jackson asked if the judgment would be dropped if CAN signed the letter. The consensus was that it would. Vanderpol asked if CAN would withdraw the referenda. Davis said they would but he would like more time to meet with his committee. This was not granted. The amendment carried unanimously. Minutes, 1/22/91, Page 10 The motion to approve the letter of intent carried 6 -1 with Hansey against. Lake Whatcom Connector: Laidlaw asked if the comments should be sent to the Executive. Warner agreed they should. He said Sudden Valley is growing and the residents need to get to Bellingham. The water quality issues should be addressed. Laidlaw said she agreed water quality should be considered in connection with a new road. Warner said he would send a memo to the Executive reconfirming the Council's concerns over water quality issues in regard to the proposed connector. Hannegan Bridge: Jackson asked for a report about the Hannegan Bridge from the Administration. Hansen, M &O, said they are moving ahead as quickly as possible on Hannegan Bridge, and other roads including Lake Whatcom Boulevard, and Federal Highway. Jackson suggested the Council requests the administration to update the public on the road situation in the newspaper as she has been getting numerous calls. Zander testimony: Warner said he would discuss Linda Zander's concerns with Dr. James tomorrow. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON B ara Maher, Deputy Clerk Daniel M. Warner, Chairman Minutes, 1/22/91, Page 11 �4