HomeMy WebLinkAboutCounty Council October 8 19911 WHATCOM COUNTY COUNCIL
2 Regular Meeting
3 October 8, 1991
4 The meeting was called to order by Chairman Dan Warner at 7 p.m. in the Council
5 Chambers, 1000 N. Forest Street.
6 Present Absent
7 Dennis Vander Yacht None
8 Emily Jackson
9 Don Hansey
10 Bob Imhof
11 Marge Laidlaw
12 Mary Vanderpol
13 READING AND APPROVAL OF MINUTES
14 Laidlaw made a correction to a motion on page 3, of the minutes of the September
15 24 meeting. Imhof corrected a vote tally from 7 -0 to 6 -1 with Imhof against on the budget
16 amendment ordinance on page 11 and the addition of "to eliminate non -point pollution
17 problems" to the motion on page 12, item 5. The minutes were approved as amended.
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IMHOF MOVED TO HAVE A SPECIAL MEETING NEXT TUESDAY,
OCTOBER 15 AT 1 P.M. IN THE COUNCIL CHAMBERS TO EXPEDITE HEARING
THE LUDTKE APPEAL.
Warner said the parties of record will have ten minutes each to speak but new
evidence cannot be entertained.
The motion carried unanimously.
EXECUTIVE ITEMS
1. BID AWARD RECOMMENDATION FOR DIKE REPAIRS AT
HOVANDER AND TENNANT LAKE PARKS TO THE LOW BIDDER,
CALLEN CONSTR. CO., INC., FOR $77,250 (AB91 -372)
Vanderpol reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO A CONTRACT WITH GEOENGINEERS, INC., OF REDMOND, TO
1 CONDUCT A FEASIBILITY STUDY REQUIRED BY FEMA FOR THE
2 PROPOSED RIP - RAPPING OF CANYON CREEK NEAR THE GLACIER
3 SPRINGS SUBDIVISION (CONTRACT AMOUNT NOT TO EXCEED
4 $20,000) (AB91 -373)
5 Vanderpol reported for Finance and recommended approval.
6 HE SO MOVED.
7 The motion carried unanimously.
8 3. REQUEST FOR AUTHORIZATION TO ENTER INTO A CONTRACT
9 FOR PHASE II, COURTHOUSE CONSTRUCTION PROJECT (NO
10 PAPERWORK; BIDS ARE NOT BEING OPENED UNTIL, 10/3) (AB91-
11 369)
12 Van Zanten said the bids came in far above the estimates. The low bid came in at
13 22 percent over estimate from Strand, Inc. They were approximately $1 million lower than
14 the others. Van Zanten said she hoped to have something ready for the October 22 meeting
15 but if that is not possible, there may need to be a special meeting of the Capital Projects
16 committee.
17 4. REQUEST FOR AUTHORIZATION TO ENTER INTO AN
8 AGREEMENT BETWEEN WHATCOM COUNTY AND PUBLIC
19 UTILITIES DISTRICT (PUD) NO. 1 TO PROVIDE JOINT FUNDING
20 FOR THE CONSTRUCTION OF A TRANSMISSION MAIN TO SERVICE
21 PARCELS IN THE NORTHWESTERN PART OF WHATCOM COUNTY
22 (AB91 -364) (KEPT IN COMMITTEE 9/24)
23 Van Zanten explained this issue. The proposal would be signed between the County
24 and the PUD to cover the capitalization costs. As latecomers come on to the systems they
25 would pay the county back with interest and eventually the PUD would own the system.
26 Imhof reported for Public Services Committee and recommended approval.
27 HE SO MOVED.
28 Issues discussed were: the zoning in the area; Ferndale's unwillingness to join in the
29 process as they could not afford the project; funding; payback schedule with 40 percent of
30 the existing houses getting a hookup; sizing of the main; latecomer's payback; hydrology
31 report; fireflow; failing wells; Local Utility District (LUD) will pay its proportionate share
32 (approximately $188,000); project cost to the County will be $77,000.
33 Comments were made by: Laidlaw; Jackson; Vanderpol; Vanderpol; Van Zanten;
Minutes, 10/08/91, Page 2
1 Warner and Ray Weden.
2 The motion carried unanimously.
3 5. NEW APPLICATION FOR A CLASS EF LIQUOR LICENSE FOR
4 SEMIAHMOO CENTER, 4485 BIRCH BAY /LYNDEN ROAD, BLAINE,
5 WA 98230 BY E. RAY HOLDEN AND HUGH L. DOWNS (AB91 -376)
6 6. NEW APPLICATION FOR A CLASS E LIQUOR LICENSE FOR AMMEX
7 TAX & DUTY FREE SHOPS WEST, INC., 9948 GUIDE MERIDIAN
8 ROAD, LYNDEN, BY DAVID H. BERNSTEIN, JORGE OMISTE,
9 ALFRED CARFORA AND JOHN A COURI (AB91 -377)
10 Imhof reported for Public Service Committee and recommended approval.
11 HE SO MOVED.
12 The motion carried unanimously.
13 7. NEW APPOINTMENT OF BESS CHRISTMAN TO THE NORTHWEST
14 SENIOR SERVICES BOARD TO FILL THE VACANCY LEFT BY JOHN
15 KLUDTS RESIGNATION. THE TERM WILL RUN UNTIL 6/30/94
16 (AB91 -378)
17 LAIDLAW MOVED APPROVAL OF BESS CHRISTMAN BEING APPOINTED
18 The motion carried unanimously.
19 8. EXECUTIVE'S REPORT
20 Commendation: Congratulations to Mary Scrimsher, Vegetation Management
21 Specialist, Public Works: Because of her application she and Whatcom County Public
22 Works Maintenance and Operations have won the National award for the best Vegetation
23 Management Programs. Scrimsher is presently in Raleigh, NC receiving her award and
24 giving a presentation.
25 Vietnam Veterans: These veterans have asked the County to fly Prisoner -of -War and
26 Missing -in- Action flags; this will be done.
27 Federal Emergency Management Agency (FEMA) Funding (AB91 -071): FEMA
28 Acting Director of Disaster Assistance said the agency has agreed to pay 75 percent of 70
29 percent of the cost with the State paying 12.5 percent. This will be approximately $1.9
30 million.
Minutes, 10/08/91, Page 3
1 Wetlands Ordinance and Critical Areas Ordinance: Whatcom County has been
2 given the 180 day extension so this legislation must now be in by March 22, 1992.
3 Commendation: Van Zanten commended Dan Taylor, Planning Director, and her
4 own staff for the work they have put into the Growth Management issues.
5 Cost of business data base: A letter from Terry Hinz was distributed. Jackson asked
6 if Fourth Corner would be interested in sharing the cost and information.
7 Monthly Road Report: The report was distributed.
8 Loan Funds (County -wide Flood District issue): Regarding the funds available for
9 internal loans as requested by Council: this report was distributed and explained; provision
10 for pay back would need to be put in place to please the State Auditor. Long range funding
11 paperwork was distributed; Van Zanten said the Council would need to have a project cost
12 put on it before it could go ahead.
13 Items discussed were: Garbage haulers may have a data base showing the number
14 of residences; when Compu Tech could have a program ready; the per parcel fee could be
15 used as a loan guarantee; sunset clauses and exemptions for senior citizens; inequities;
16 suggestion that Executive keep Council aware of any complaints; methods of dealing with
17 this issue; suggestion the chairs of the Council committees meet and discuss this issue.
18 Comments were made by: Jackson; Barbara Cory, Treasurer; Warner; Hansey.
19 Vanderpol said there will be a special Council meeting Tuesday, October 15 at 1 p.m.
20 and the Assessor, Treasurer and a representative from the Executive office will discuss this
21 issue.
22 SPECIAL PRESENTATION
23 POSSIBLE POSITION ON INITIATIVE 559: A DISCUSSION WITH ASSESSOR KEITH
24 WILLNAUER (AB91 -351)
25 Willnauer discussed the following: effects on real property but not personal property;
26 no effect on school taxes; local taxing districts will be able to raise their rates as long as they
27 have not reached their levy lids; penalty to first time home buyers; similar holdings in
28 neighborhood may be dramatically different if one was a long -time owner and one a newer
29 owner; this may violate the constitution on equality; evaluation study shows that 35 to 40
30 percent of properties have sold since 1985 so the disparity may be 256 percent. There
31 would need to be a great deal of changed evaluation; doing 87,000 parcels would take 67
32 weeks of his staff s time and there would be large costs to convert software. From
33 conversion onward the assessor would need to have all parcels reassessed yearly.
34 Immediately there would need to be two specialized people to provide the support necessary
Minutes, 10/08/91, Page 4
1 with approximate costs of $600,000 immediately with $60,000 per year for staff thereafter.
2 MARY SWENSON, BELLINGHAM SCHOOL BOARD; She said the School Board
3 is in opposition to this as are many other groups. The implications will divide neighbors
4 against neighbors. She said they see many bad effects from this bad tax policy.
5 OPEN SESSION
6 Sherilyn Wells, Friends of Lake Whatcom: Spoke in favor of protecting the
7 watershed by urging contact with the scientists working on the report of the water quality
8 of Lake Whatcom.
9 Fred Miller, 3229 North Shore Road: The Friends of Lake Whatcom group does not
10 want this to become a political football so ask the discussion be delayed until after the
11 election; he said the group wants to cooperate with the Council.
12 Steve DeBolt, 5203 Drayton Harbor Road: There have been no Sheriffs vehicles on
13 their road. The Shintaffer stop sign seems to cause more problems because cars do not
14 obey the signs. There was a power outage last week because a car took out a power pole.
15 He asked the Council to bring the issue back for a vote at the next meeting.
16 HEARINGS
17 1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
18 ORDINANCE, TITLE 20, TO ALLOW FOR ADDITIONAL USES AND TO
19 MODIFY PROVISIONS REGULATING DEVELOPMENT IN THE AIRPORT
20 OPERATIONS ZONE DISTRICT (AB91 -280)
21 Dan Taylor, Planning, explained this issue and outlined some changes Planning staff
22 has proposed such as the word "use" to be used instead of "development" in .705; Add ".707
23 Liquid Pollutants: There shall be no off -site release to soil or surface drainage ways of water
24 borne or liquid pollutants." Delete Chapter 10.70 and add a section 20.70.700 Performance
25 Standards with .701 through .707 with the same language as in the Light Impact Industrial
26 zone. Add the following: "WHEREAS, the Council, held a public meeting on October 8,
27 1991; reviewed the Planning Commission recommendations; heard all testimony on the
28 issues; and made several minor changes to the Planning Commission's recommendation"
29 Bill Hager, Port of Bellingham: He spoke on Growth Management. He said the
30 airport had more lands than they feel necessary for the operation; rather than put the land
31 in a second runway, they extended the present one so there are 400 or 500 acres that are
32 not needed. He said the Port would like to put in a large hotel, an industrial park and a
33 golf course on the west side. These uses would help curb becoming a mega airport as some
34 feared, according to Hager. He urged the Council to adopt the ordinance.
Minutes, 10/08/91, Page 5
1 Julie Richardson, SAFE: Needs to be assured of the effects on the surrounding
2 neighborhoods. She wants the Council to look into the local impacts. Richardson asked if
3 the usages change as the Port's master plan changes.
4 Rebecca Malloy, 2413 Lafayette: Malloy challenged some of the procedures that had
5 been carried out by the Port in the evolvement of this project. Her concerns are as follows:
6 the broad EIS; incompatibility of new uses in and around the airport; the need for a single
7 airport master plan; whether the Port is actively participating to control growth; the rewrite
8 appearing before the Growth Management Act or Urban Fringe Plan has been imple-
9 mented; the breaking up of the project to avoid EIS requirements and cumulative impacts.
10 Jan Adams, 1135 Humboldt: Questioned additional uses being added and requested
11 more rationale. She said she was concerned about the effect on the integrity of the County's
12 own urban fringe plan. Concerned about the 1000 acre industrial zone; cumulative impacts
13 in federal agency; urged the Council to tighten this up and look after the County's well
14 being.
15 Roger Almskaar, lives in the airport area: He said wage levels in Whatcom County
16 are lower than in other parts in Puget Sound area and approving this may produce better
17 paying jobs. He said he believes allowing these very expensive buildings to be built will
18 make it almost impossible for the airport to expand dramatically in the next 50 to 100 years.
19 8:30 p.m.
20 Mike Brennan, Whatcom County Chamber of Commerce: Only 10 percent less
� 1 expensive cost of living than in Seattle but the wages are three times that much less than
22 the City of Seattle. Development of tourism needs the airport and using the wetlands area
23 for a golf course is wise. Encouraged the Council to look with favor at this project.
24 Julie Richardson, SAFE: Could this go ahead partially or must it go ahead in total.
25 Dan Taylor, Planning: Said they .considered doing this piecemeal but would prefer
26 to do a master plan all at once. He said a phased EIS was done and each part would
27 require review. He said they preferred to do this as an on -going plan rather than waiting
28 for the urban fringe. In the Growth Management Act, it has to be done a bit at a time.
29 Jackson suggested approving it subject to not making changes in the master plan and
30 also subject to the passage of the Growth Management Act.
31 Hager said their SEPA checklist referenced a previous EIS and mentioned a 300
32 room hotel.
33 There was further discussion between Warner and Taylor on this issue.
34 VANDERPOL MOVED ADOPTION OF THIS ORDINANCE WITH
35 AMENDMENTS.
Minutes, 10/08/91, Page 6
1 The motion carried 6 -0 with Jackson abstaining.
2 2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
3 ORDINANCE, TITLE 20, RELATED TO USES ALLOWED IN INDUSTRIAL
4 ZONES, PERFORMANCE STANDARDS IN INDUSTRIAL ZONES, AND
5 MAJOR DEVELOPMENT PERMIT REQUIREMENTS (AB91 -281)
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Taylor explained this issue. He said the biggest change was that the Council decides
on major development permits and Hearing Examiner makes the decision on conditional
use permits.
The public hearing was opened.
Janet Adams, 1135 Humboldt Street: Concerned that the hearing is being eliminated
on heavy impact use other than those uses listed; this was a negotiated agreement with a
citizen advisory group some years ago.
The public hearing was closed.
Vander Yacht voiced concern about the public hearing being eliminated.
Taylor explained the changes.
10:00 P.M.
VANDERPOL MOVED ADOPTION OF THIS ORDINANCE WITH
AMENDMENTS.
The motion carried 6 -0 with Jackson abstaining.
3. CONSIDERATION OF PETITION TO VACATE A PORTION OF GRANT
STREET, FILED BY JERRY MANTHEY AND CARMEN BUNKER (AB91-
328)
Public hearing opened.
Mike Glaze, lives in the vicinity of the vacation: Concerned about why this easement
is being opened up. Warner explained this is not opening up the easement; it is vacation
of the portion of Grant Street so that this road cannot be opened.
The public hearing was closed.
IMHOF MOVED APPROVAL OF THIS ITEM.
The motion carried unanimously.
Minutes, 10/08/91, Page 7
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OTHER ITEMS
1. RESOLUTION SETTING A PUBLIC HEARING DATE IN THE MATTER
OF THE SALE OF WHATCOM COUNTY SURPLUS PROPERTY
PURSUANT TO WCC 1.10 (AB91 -374)
Vanderpol reported for Finance and recommended approval of this item.
HE SO MOVED.
Vanderpol recommended the hearing date be October 22.
This motion was carried unanimously.
2. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING
ON THE SALE OF COUNTY TAX TITLE PROPERTY, REQUEST NO.
64 (AB91 -375)
Vanderpol reported for Finance and recommended approval.
HE SO MOVED.
Vanderpol recommended the hearing date be November 5 or later.
The motion carried unanimously.
INTRODUCTION
1. RECEIPT OF PETITION TO VACATE A PORTION OF BROADWAY, FILED
BY THOMAS AND VIRGINIA GAVOSTO (AB91 -368) (HEARING TO BE
SCHEDULED ON ENGINEER'S REPORT)
2. RESOLUTION TO SELL SURPLUS PROPERTY (WRECKED CAR)
(AB91 -374A)
3. RESOLUTION AUTHORIZING THE SALE OF PROPERTY ACQUIRED
BY THE COUNTY ON TAX FORECLOSURE, REQUEST NO. 64 (AB91-
375A)
ADDENDUM
4. ORDINANCE CREATING THE SUMAS RIVER SUB -FLOOD CONTROL ZONE
DISTRICT (AB91 -071J)
Minutes, 10/08/91, Page 8
1 5. ORDINANCE CREATING A COUNTY -WIDE FLOOD CONTROL ZONE
2 DISTRICT IN WHATCOM COUNTY (AB91 -071K)
3 Items 1 -5 were received by Council and will be forwarded for the appropriate action.
4 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
5 Drayton Harbor Road Update: Imhof said there is work being done by Semiahmoo,
6 Blaine and the County on getting commercial traffic off this road and onto Lincoln.
7 Watershed Agenda: The Lake Whatcom Watershed Agenda was put forth by
8 citizens. Laidlaw said some of the issues have been dealt with in Planning and she would
9 be happy to write a memo to the Chairman on the status of this issue. Haney said there
10 were some interested people at the Water Resources Committee today. Vander Yacht said
11 the deliberate steps we have been taking is working in the watershed, such as the inventory
12 of the septic tanks, etc. Haney said this is of interest to everyone. Warner asked that this
13 be scheduled for the Committee of the Whole, December 3 with the Friends of Lake
14 Whatcom giving a presentation. Bob Woods, Budget and Program Analyst stated that Sue
15 Blake, Health Department, may also make a presentation on this issue as well.
16 Letter of Thanks: Jackson recommended a letter of thanks be sent to Gary Lowe,
17 Washington Association of Counties for meeting with the Council today.
.8 Annual Budget: Haney asked if the budget could be presented on the recently -
19 scheduled October 15th meeting so it is not presented late (according to the Charter, it
20 needs to be presented 75 days prior to the end of the year). Vanderpol said it would not
21 be ready for October 15. Woods said it would be presented by the Executive on the 22nd
22 and explained in depth on Friday, October 25th at 11 a.m.
23 Staff Report: Woods said the Finance Committee was told that progress is being
24 made on the issue of the loan guarantee for the Conservation District.
25 Woods said he and Warner will meet with some of the principles to discuss the Birch
26 Bay incorporation.
27 The meeting adjourned 10:25
28 WHATCOM COUNTY COUNCIL
29 ATTEST: WHATCOM COUNTY, WASHINGTON
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31 Barbara Maher, Deputy Clerk
Daniel M. Warner, Chairman
Minutes, 10/08/91, Page 9