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HomeMy WebLinkAboutCounty Council April 24 1990WHATCOM COUNTY COUNCIL Tuesday, April 24, 1990 The meeting was called to order at 7 p.m. by Chairman Don Hansey. Present were: Absent: Dan Warner None Bob Imhof Marge Laidlaw Mary Vanderpol Emily Jackson Dennis Vander Yacht READING AND APPROVAL OF MINUTES of the March 27, April 3 and April 10 Council meetings. Laidlaw noted a correction on 3/27, under 7 ... "the gap while the zoning is being decided" should read "gap while the development standards are under review" and.page 11, paragraph 5, line 2 should have the words "area considered for appropriate" between Bakerview and rezone. Spelling of Martin Minkoff's name was corrected. Hansey said on 3/27 minutes page 2, line 13, should read "A 5600 ft. runway" not "A 5600 ft. increase." The minutes were approved as corrected. SPECIAL PRESENTATION Presentations by Neighbors Opposed to Power Encroachment (N.0.P.E.) and Puget Power (each will have 20 minutes) (AB90 -141) Dirk Petty, Whatcom County Resident: Spoke on health effects of electromagnetic radiation. He quoted a study by a Dr. Reeper about the incidence of leukemia from too much radiation; he stated transmission lines will increase the radiation the residents will be subjected to in this area. Bruce Boyle, Noon Road: Puget Power wanted to pay him $2700 for 50 feet of his property. He stated his land values will be decreased if a power line goes through his property. This transmission line will go through some of the most beautiful areas in the County; this will lower the tax base. This power is going to be sent to California. Mary Alsasser, Noon Road: Bought 15 acres on Noon Road and enjoys the quiet and beauty. He said he has moved his plumbing business, show horses and cattle to this home site. Alsasser said Puget Power wants him to move his out buildings and remove all his trees. He stated his property's natural drainage will be ruined, his business will be impacted and he fears for the health of his family. He said he wonders how his livestock will react to living under the power lines and if this will drive away the herons and other birds who live in his trees now. Bonneville Power Authority (BPA) has offered to have Puget Power use an existing line. Minutes, 4/24/90, Page 2 Clare Fogelsong, 5824 Noon Road: We believe this would provide the county with less power after its completion than it presently has. Puget Power buys most of its power from other sources rather than generating its own. He said BC Hydro will get the power from independent producers in Canada; they have not been chosen yet. Mike Kaufman, 1620 Huntley Road: The federal government is working on the Environmental Impact Study (EIS) permit only because it is coming across the Canadian border. He said the EIS is a doubtful tool in his view. Kaufman stated the County is involved in this issue; the conditional use language is scary: He stated there are several state laws being proposed on health issues and how to engineer lines away from people. Ray Trzynka, Puget Power: Introduced John Campion John Campion, Project Manager of Puget Power: Serves 9 counties and many subscribers. He stated there has been great growth in the area. Consumer panels have made 49 recommendations that have been put into practice. Campion said some of the suggestions were to promote conservation, cooperate with other providers and establish an interconnect with BC Hydro. Puget Power is a deficit utility without enough power to meet its demands. He said there would be benefits to ratepowers if an exchange program is established with BC Hydro. Puget Power pays 15 percent when it uses BPA lines to bring BC Hydropower into the County. The exchange could be used if this line is built to bring power from Canada when we need it and send it back when our supply is up so it could be stored until we need it again. There is a problem of reliability in the Bellingham area on the 115 kva line. Load growth is increasing and certain power station outages could cause a loss of power; Puget power is looking to BC Hydro to ward off this problem. - Mel Walter, Environmental Scientist: He showed slides displaying power trends. He stated that many studies have been done on power lines and only two have shown an elevated risk of cancer to Power lines; EMF has never been able to initiate cancer as has been done with cigarette smoke. Use of electricity has increased 5 to 7 fold and the incidence of leukemia has gone down, not up, said Walter. Trzynka thanked the council. There was a 10 minute recess at this time. EXECUTIVE ITEMS 1. BID AWARD RECOMMENDATION FOR THE SUPPLY OF HIGH DENSITY POLYETHYLENE PIPE TO THE LOWEST BIDDER, MASKELL - ROBBINS INC., FOR HDPE PIPE AND FUSION MACHINE RENTAL, FOR A TOTAL PRICE OF $11,875 PLUS TAX (AB90 -142) item. Minutes, 4/24/90, Page 3 Sutberry explained the issue. Warner said the Finance Committee recommended approval of this WARNER MOVED THIS ITEM BE APPROVED. Carried unanimously. 2. BID AWARD RECOMMENDATION FOR A FIVE - PASSENGER VAN TO THE LOWER RESPONSIVE BIDDER, BELLINGHAM CHRYSLER, FOR A DODGE RAM FIVE - PASSENGER VAN, FOR A TOTAL PRICE OF $14,635.09 (AB90 -143) Warner said Finance recommend approval of this item. WARNER MOVED THIS ITEM BE APPROVED. Motion carried unanimously. 3. REQUEST FOR AUTHORIZATION FOR AN INTERLOCAL AGREEMENT WITH THE COUNCIL OF GOVERNMENTS FOR A COMPREHENSIVE TRANSPORTATION STUDY (AB90 -144) Warner reported Finance recommended approval of this item. Discussion ensued. WARNER MOVED THIS ITEM BE APPROVED. Motion carried 6 -1 with Vander Yacht against. 4. REVIEW OF SETTLEMENT FOR "CRIMINAL DEPUTY PROSECUTING ATTORNEY BARGAINING UNIT". REQUEST FOR AUTHORIZATION TO EXECUTE CONTRACT (AB90 -145) Warner reported Finance recommended approval of this item. WARNER MOVED THIS ITEM BE APPROVED. Motion carried unanimously. 5. REQUEST FOR AUTHORIZATION TO ENTER INTO SERVICE PROVIDER CONTRACTS WITH VARIOUS AGENCIES TO EXTEND MENTAL HEALTH AND . SUBSTANCE ABUSE SERVICES IN COUNTY THROUGH THE BIENNIUM (AB90 -146): MENTAL HEALTH CONTRACTS. SEAMAR $30,042 CATHOLIC COMMUNITY SERVICES N.W. $410,365 WHATCOM COUNSELING & PSYCHIATRIC CLINIC $846,373 LAKE WHATCOM RESIDENTIAL TREATMENT CTR $352,048 Minutes, 4/24/90, Page 4 SUN COMMUNITY SERVICES SUBSTANCE ABUSE CONTRACT- RECOVERY NORTHWEST Warner reported Finance recommended approval of this item. WARNER MOVED THIS ITEM BE APPROVED. Motion carried unanimously. $92,017 $24,057 6. NEW APPLICATION FOR A CLASS ACEF LIQUOR LICENSE BY THOMAS DEBARI AND JEANNIE CERASA DEBARI FOR MILANO'S, 9990 MT. BAKER HIGHWAY, GLACIER, WA 98244 (AB90 -147) Vanderpol reported Public Service recommended approval of this item. VANDERPOL MOVED THIS ITEM BE APPROVED. There was some discussion about the hours at this facility. Vander Yacht stated that it is located in his district but he had heard no negative comments about the facility. Motion carried unanimously. 7. EXECUTIVE'S REPORT There was no presentation as Executive Van Zanten was away on vacation. OPEN SESSION Monty McIntyre, Pleasant Bay Road: Said he was nervous as are most of NOPE folks in contrast to the slick Puget Power people. Why are there no citizen representatives on the advisory group studying development standards; the appearance is that it looks stacked. Dirk Petty, 1376 Van Wyck Road: He stated some concerns about Puget Power having lines crossing on one pole by KMart allowing the maximum permitted power in this highly populated area. Fred Miller, 3229 North Shore Road: Stated the newly formed committee has five people from the realtor, developer field and not one from the environmental side. Julie Richardson, Bancroft Road: Supports Miller's statement and wants fair representation on these committees. Clare Fogelsong, Noon Road: Applauds the effort but it will be flawed from the beginning if it contains the people suggested. Norm Wicks, Bellingham: He stated there are increased neurological disorders Minutes, 4/24/90, Page 5 as well as cancers attributed to EMF. He distributed a handout that is on file. Open session closed. HEARINGS AND FINAL CONSIDERATION 1. REQUEST TO VACATE A PORTION OF 5TH STREET, 6TH STREET, AND GENEVA AVENUE, FILED BY EUGENE ALTMAN, ET. AL. (ALTMAN REQUESTS THAT THE HEARING BE OPENED AND CONTINUED TO MAY 8) (AB90 -108) Vanderpol said the Engineering staff has reservations and wish to review the issue. Public hearing was opened. Hearing no testimony, Hansey recessed the public hearing until May 8, 1990. 2. REQUEST TO VACATE A PLATTED COUNTY ROAD, ALDER STREET, FILED BY KIEBURTZ AND CARROLL, ET. AL. (AB90- 107) James Bliss: He said he would lose access to his lower two lots if this vacation is allowed; he could not divide and develop his lots without access. Steve Kieburtz: He said a partial vacation would not impede access to Jim Bliss' property. They would allow a hammerhead turnaround to provide access. They want to preserve the area as it is but would certainly provide access for Mr. Bliss. Jean Carroll: She fully supported the vacation as it would enhance the neighborhood and would preserve trees that are on the thoroughfare. The public hearing was closed. Vanderpol reported that Public Service recommended denial of this request to vacate Alder Street. VANDERPOL MOVED THIS VACATION BE DENIED. Laidlaw asked why this item seemed incomplete in the packet. Parker said this was all the information they had. Motion carried unanimously. 3. ORDINANCE AMENDING THE NO- SHOOTING ZONE TO ADD TO THE AREA IN THE SAMISH WAY, YEW STREET AND GALBRAITH (AB90 -113) The public hearing was opened. Hearing no testimony, the hearing was closed. Vanderpol explained this was correcting an error in the legal advertising. Minutes, 4/24/90, Page 6 VANDERPOL MOVED THIS ITEM BE ADOPTED. Motion carried unanimously. 4. RESOLUTION AUTHORIZING THE TRANSFER OF THE ACME WELL TO WATER DISTRICT NO. 18 (AB90 -129) The public hearing was opened. Hearing no testimony, the hearing was closed. Warner reported Finance recommended approval of this item. WARNER MOVED THIS ITEM BE ADOPTED. Motion carried unanimously. 5. RESOLUTION TO AUTHORIZE THE SALE OF PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUESTS NO. 25, 26, 29, 32, 33, AND 34 (AB90 -123) The public hearing was opened. Hearing no comment, the hearing was closed. WARNER MOVED THIS ITEM BE APPROVED. Motion carried unanimously. 6. RESOLUTION AUTHORIZING THE SALE OF PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 28 (AB90 -124) The public hearing was opened. Hearing no comment, the hearing was closed. WARNER MOVED THIS ITEM BE APPROVED. Motion carried unanimously. 7. RESOLUTION AUTHORIZING THE SALE OF PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 35 (AB90 -125) The public hearing was opened. Hearing no comment, the hearing was closed. WARNER MOVED THIS ITEM BE APPROVED. Motion carried unanimously. 8. RESOLUTION IN THE MATTER OF SURPLUSING COUNTY -OWNED WATER TRANSMISSION LINE AND THE APPURTENANCES Minutes, 4/24/90, Page 7 THERETO AND SELLING IT TO ANOTHER GOVERNMENTAL ENTITY PURSUANT TO RCW 36.34.02 (AB90 -151) The public hearing was opened. Hearing no comment, the hearing was closed. WARNER MOVED THIS ITEM BE APPROVED. Motion carried unanimously. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. ORDINANCE TO REVISE THE 1990 REAL ESTATE EXCISE TAX CAPITAL IMPROVEMENT FUND BUDGET (AB90 -130) Warner reported the Finance committee recommended adoption of this item. WARNER MOVED THIS ITEM BE ADOPTED. Jackson asked what would happen if this was not approved. Imhof said he thinks the county should not fund this item. Rushing, Public Works went into some detail to explain the success that has occurred at Cherry Point in encouraging industry due to the development of the water transmission lines. The comprehensive plan states that Public Utility Districts (PUD) should be the prime purveyor in this area.. The county is proposing it participate in the development of outlying areas. Jackson asked if there was a project list for the REET funds. Rushing replied there was a list. Sutberry said the list has been growing but there is no long term plan. Rushing said that PUD directors have stated there is a need for potable water in the City of Ferndale. Warner said the county agreed to rezone the area for Gerry Chambers. The city absorbed that area and gleaned the added taxation. The county then decided to develop the comprehensive water and sewer plan to have some control over the area by providing water. Motion carried 5 -2 with Imhof and Jackson against. 2. ORDINANCE REVISING THE CURRENT EXPENSE FUND, SHERIFF'S OFFICE BUDGET THEREIN, FOR ADDITIONAL APPROPRIATION AUTHORITY (AB90 -132) Warner reported Finance recommended adoption of this item. WARNER MOVED THIS ITEM BE ADOPTED. Motion carried unanimously. 3. ORDINANCE REVISING THE CURRENT EXPENSE FUND, PUBLIC DEFENDER'S APPROPRIATION THEREIN FOR AN ADDED DEPUTY AND RELATED EQUIPMENT (AB90 -133) Minutes, 4/24/90, Page 8 Warner reported Finance recommended adoption of this item. WARNER MOVED THIS ITEM BE ADOPTED. MOTION CARRIED 6 -0 with Vanderpol out of the room. 4. ORDINANCE REVISING THE PHYSICAL PLANT AND CAPITAL FACILITIES FUND APPROPRIATION FOR UNANTICIPATED REMODELING EXPENSES (AB90 -134) Warner reported Finance recommended adoption of this item. WARNER MOVED THIS ITEM BE ADOPTED. Motion carried 6 -0 5. EMERGENCY ORDINANCE EXTENDING THE MORATORIUM ON PROCESSING CONDITIONAL USE PERMIT APPLICATIONS FOR OFF - PREMISE ADVERTISING SIGNS FROM APRIL 30, 1990 TO JUNE 30, 1990 (AB90 -135) Laidlaw reported the Planning and Development Committee recommended adoption of this item. LAIDLAW MOVED THIS ITEM BE ADOPTED. Motion carried unanimously. 6. ORDINANCE EXTENDING THE MORATORIUM ON PROCESSING CONDITIONAL USE PERMIT APPLICATIONS FOR OFF - PREMISE ADVERTISING SIGNS FROM APRIL 30, 1990 TO JUNE 30, 1990 (AB90 -135) Laidlaw reported the Planning and Development Committee recommended adoption of this item. LAIDLAW MOVED THIS ITEM BE ADOPTED. Motion carried unanimously. 7. ORDINANCE AMENDING THE LAKE WHATCOM SUBAREA COMPREHENSIVE PLAN MAP FROM RURAL TO COMMERCIAL AND THE OFFICIAL COUNTY ZONING ORDINANCE FROM RURAL TWO ACRES TO NEIGHBORHOOD COMMERCIAL FOR A.7 ACRE PARCEL AT THE INTERSECTION OF BLUE CANYON ROAD AND SOUTH BAY DRIVE (AB90 -136) Laidlaw reported the Planning and Development Committee recommended Minutes, 4/24190, Page 9 adoption of this item. LAIDLAY MOVED THIS ITEM BE ADOPTED. Motion carried unanimously. 8. ORDINANCE AMENDING THE OFFICIAL ZONING ORDINANCE TO ALLOW CEMETERIES AS CONDITIONAL USES IN ... (CERTAIN) ZONING DESIGNATIONS (AB90 -137) Laidlaw reported the Planning and Development Committee recommended adoption of this item. LAIDLAW MOVED THIS ITEM BE ADOPTED. Warner humorously commented that cemeteries did waste a lot of space. Jackson said a good land use would be to put cemeteries near airports. Motion carried unanimously. OTHER BUSINESS 1. CONSIDERATION OF PROPERTY ACQUISITION (AB90 -148) (NO PAPERWORK AVAILABLE) Laidlaw reported for Capital Projects Committee. LAIDLAW MOVED THE COUNCIL AUTHORIZE THE ADMINISTRATION TO PURCHASE PROPERTY AT APPDXIMATELY 448 W. HOLLY STREET FOR THE APPRAISED VALUE OF $125,000 PLUS PURCHASER'S EXPENSES, SUBJECT TO AN UNENCUMBERED TITLE. Laidlaw said this would be used for temporary parking during construction with 30 -55 parking spaces. Motion carried unanimously. 2. DISCUSSION OF PROPOSED PAY INCREASE FOR EXEMPT EMPLOYEES AND RELATED PERSONNEL ISSUES (AB90 -149) (NO PAPERWORK) This item was delayed until the Executive's return. 3. *RECEIPT OF PETITION TO VACATE AN UNPLATTED COUNTY ROAD, THE PORTION OF BIRCH BAY LYNDEN ROAD BETWEEN INTERSTATE 5 AND PORTAL WAY, FILED BY ZAN MARQUIS (HEARING TO BE SCHEDULED ON ENGINEER'S REPORT) (AB90- Minutes, 4/24/90, Page 10 150) 4. APPOINTMENT TO FILL VACANCY ON BOARD OF EQUALIZATION. (Thomas Gray, Virginia Walsh) Jackson and Laidlaw support Virginia Walsh. Imhof supports Gray. Virginia Walsh was appointed; she received votes from Jackson, Laidlaw, Warner, Vanderpol, Vander Yacht and Gray received votes from Imhof and Hansey. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 1. RESOLUTION TO FORM AN ADVISORY COMMITTEE TO REVIEW, EVALUATE AND REVISE THE COUNTY'S DEVELOPMENT STANDARDS (AB90 -152) (NO PAPERWORK YET RECEIVED; PROPOSED BY HANSEY) Laidlaw reported for Planning and Development that it was not intended to usurp the public process; it was just to help Buildings and Code get on with this issue. Laidlaw said the title should read "A resolution to form a technical advisory committee, to review, evaluate, and revise the Whatcom County development and . :..::.....:..:.....:..:....:... On line 19, "Now be it resolved that the land subdivision advisory ...development stand m and subdivision (Title 21).' � ta�c�m a ::..< �c�e standards... Page 2, "Be it further resolved... representatives to the iand subdivision and technical ... revisions to the development and subdivision :" After line 16 add "a citizen at large to be appointed by the Council." LAIDLAW MOVED TO ADOPT THE AMENDMENTS. Jackson said her recommendation in the committee meeting had been to have a small cities representative from Council of Governments (COG); she had not meant the Executive Director of COG. JACKSON MOVED TO STRIKE "MARK CHALLENDER DESIGNATED" ON PAGE 16. Motion failed 5 -2 with Jackson and Imhof voting for the motion. JACKSON MOVED WE ADD A PLANNING COMMISSION MEMBER OR A CITIZEN. Warner asked what this committee would be working on. Tyler answered that it would include such items as sidewalks, firelanes, lighting, drainage requirements, curbs, etc. Jackson asked if there was some consistency between the City and the Council standards; Tyler replied that there was joint cooperation with the City. Imhof said it Minutes, 4/24/90, Page 11 was probably inappropriate to have an environmentalist on this committee. Vanderpol said he would like to see an environmentalist on the committee so there would be more acceptance by the public. Tyler said Donn Kehrer (now working on the development side) was the environmentalist they had recommended. He is on the committee. Motion failed with Jackson and Vander Yacht voting for the motion. WARNER MOVED TO ADD AN ENVIRONMENTALIST. He later rescinded his motion. VANDERPOL MOVED THIS BE AMENDED TO ADD A CITIZEN AT LARGE TO BE APPOINTED BY THE COUNCIL. Motion carried 4 -3 with Jackson, Laidlaw and Imhof against. Motion for Laidlaw amendments carried 6 -1 with Jackson against. Motion carried 6 -1 with Jackson against. 2. RESOLUTION AUTHORIZING THE COUNTY PROSECUTING ATTORNEY'S OFFICE TO PROCEED WITH LEGAL ACTION TO ACQUIRE A PARCEL OF LAND CONSISTING OF APPROXIMATELY 0.30 ACRES, LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF GARRISON ROAD WITH EAST BADGER ROAD, BY CONDEMNATION (AB90 -153) Warner reported Finance recommended approval of this item. WARNER MOVED THIS ITEM BE APPROVED. Motion carried unanimously. 3. RECONSIDERATION OF AMENDMENTS TO RESOLUTION AUTHORIZING THE EXECUTIVE TO ENTER INTO AN AGREEMENT WITH DAVID I. HAMLIN & ASSOC. FOR DESIGN, ENGINEERING AND SPECIFICATIONS FOR CONSTRUCTION OF TRAFFIC SIGNALS AT THE NORTHWEST DRIVE /WEST BAKERVIEW ROAD INTERSECTION AND THE AXTON ROAD /SR 539 INTERSECTION (AB90 -127) 4. RECONSIDERATION OF AMENDMENTS TO RESOLUTION AUTHORIZING THE EXECUTIVE TO ENTER INTO A CONTRACTUAL AGREEMENT WITH BROWN AND CALDWELL, FOR THE DEVELOPMENT OF A COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLAN (AB90 -128) Warner explained items 3 and 4. Minutes, 4/24/90, Page 12 WARNER MOVED THE AMENDMENTS MADE TO THE RESOLUTION 90- 29 BE REMOVED. Imhof said he is not satisfied with the information flow from certain departments and this is how he chose to bring about better reporting. He stated these contracts are not in such a time rush as construction contracts. He said citizens have come to him complaining and he wants to be informed. Imhof said Mayor Douglas said that is standard at the City that they be kept informed about the status of contracts. Vanderpol said the County should develop a policy to correct the contract flow rather than have piecemeal amendments to each contract. Jackson said she agrees Public Works should be more accountable; she will support the motion. Warner said if members are not happy with Public Works that should be aired and work from there. Jackson said it is not that she does not have faith in Public Works but does not agree their accounting system should be different than other departments. Motion failed 4 -3 with Vanderpol, Hansey and Warner voting for it. 5. *ORDINANCE TO EXTEND THE DATE FOR COMMENCEMENT OF FORECLOSURE ACTION FOR ROAD IMPROVEMENT DISTRICTS (AB90 -154) (FINANCE) 7. *ORDINANCE TO REVISE THE 1990 CURRENT EXPENSE FUND, ASSESSOR'S APPROPRIATION FOR DATA ENTRY OF ZONING INFORMATION (AB90 -155) (FINANCE AND PERSONNEL) 8. *ORDINANCE ADOPTING INTERIM EROSION AND SEDIMENTATION CONTROLS FOR LAKE WHATCOM WATERSHED, SAMISH LAKE WATERSHED AND OTHER CRITICAL SURFACE WATERSHEDS OF THE COUNTY (AB90 -156) (PLANNING AND DEVELOPMENT) Items 5, 7, and 8 were introduced and will be referred to the appropriate committees. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Herons: Jackson reported on the Association of Counties meetings held in Rosario. She stated that the resolution of support to acquire and preserve the Pt. Roberts Heron Rookery was passed with all the Puget Sound and western counties in agreement. Cedarville property: Vanderpol stated that Mr. Cowden is anxious to know if he can buy or lease the small piece of property by Cedarville Landfill; this was discussed on April 10. Warner said Watts, Civil Deputy Prosecutor, will be asked to report on this. Minutes, 4/24/90, Page 13 Congratulations: Vanderpol congratulated Randy Watts on his success in the recent suit against the County, Lathers v. Whatcom County. Boundary Review Board Member: Jackson asked Randy Watts if he had checked if a new member would have to be appointed to the Boundary Review Board. Watts agreed a new member would have to be appointed. The meeting adjourned at 10:38. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON 4BbarkaMAaher, C'bufrc'il Clerk !Mi-ald G7