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HomeMy WebLinkAboutCounty Council December 4 1990WHATCOM COUN'T'Y COUNCIL December 4, 1990 The meeting was called to order at 7 p.m. by Chairman Don Hansey. Present Absent Dan Warner Mary Vanderpol Marge Laidlaw Dennis Vander Yacht Emily Jackson Bob Imhof READING AND APPROVAL OF MINUTES of November 13th and 20th The minutes were approved as presented. EXECUTIVE ITEMS Solid Waste: Van Zanten said she, Solid Waste Manager Jurica and the members of CAN have been meeting and have come to agreement; she has signed a letter of intent indicating the resolve to continue to work on a charge based on the volume of garbage. A flow control ordinance is being developed that will include any facility that meets the criteria stipulating they will negotiate a surcharge and allow a rate review. Issues being developed are an amendment to the service level ordinance allowing for a mini -can. The letter indicates terms the administration will ask of the legislative body and CAN will probably wish to meet with the Council. Garbage pick -up and recycling are included in this letter. Warner asked what would come of this letter; Van Zanten said this is the start and with Council agreement, she said she understands CAN will withdraw its referenda. Jackson said she hoped the County would be like Seattle and always have at least two purveyors of service available to keep the costs competitive. Van Zanten said that is not dealt with but it is set up for any facility that meets requirements. Laidlaw asked about 4.c. of the letter and Van Zanten said it means the County will not hire extra enforcement people. She said these are really written policy statements on how to proceed. Laidlaw asked if the small cities have seen this and Van Zanten said they have not. Van Zanten said this is a proposed procedure and residents may be able to apply for exemptions by mail if they prefer. Vanderpol said the intent was that people have to show .serious intent; not merely checking a box on a card. Warner also said that the Council had been criticized for the unsafe methods of handling garbage and he really wants to know that people will have to do an extensive plan on how they will handle their garbage. Van Zanten said she agrees and she hopes that with the information that will be sent out the people will realize how important it is to dispose of their garbage in an environmentally safe way. She said she thinks that in a few years when people overcome their fears, most of the residents will want to be on pickup. Van Zanten said she does not mean to say she is committing the Council but this is what is being brought to the Council. Flood Damage and River Control: Van Zanten said there is no estimate of damage to County facilities from the flood but the cost for staffing, materials and use of equipment was almost $700,000 with no repair work included. Vanderpol asked if there is any follow through from the Nooksack meeting. Van Zanten said the staff is very busy getting the assessments done. There is a high level of interest in the community for the support to lobby at the state and the federal level. She urged everyone to write to their representatives. Van Zanten said she and others met with Brock Adams at the airport. She said the flood impacted the Canadians and they have threatened (partly in jest) to build a dam at the border if nothing is done. The Canadians have been very helpful but they will do something if there is continuing flooding from Whatcom County. Vanderpol said the Corps of Engineers might get some major funds for large projects. Van Zanten said the international implications might leverage some action. Vanderpol said there was a great deal of commitment from the County staff. The ongoing solution will be difficult and costly and all the answers are not known at this time. The County hopes to cooperate with all the agencies. OPEN SESSION Rick Keeney, 3133 Forest Court: Distributed information on how King County is dealing with school funding. He mentioned the State passed a law on how schools can be funded. He said a similar plan may be able to help the County. John Davis, 5556 Guide Meridian: He expressed his appreciation to Jurica, Rushing, Van Zanten and others for the many hours they have spent trying to reach a solution on the solid waste issues. Van Zanten said they would have to deal with the Council. He said CAN wants residents to dispose of garbage in environmentally safe ways. Vanderpol said he heard Davis saying he did not wish the exemption to be an easy thing and that people would have to take an oath as well as provide a plan showing how they plan to deal with their garbage. HEARINGS AND FINAL CONSIDERATION 1. RECOMMENDED DEN AL OF REQUEST TO AMEND THE OFFICIAL ZONING MAP FROM RURAL -ONE DWELLING PER TEN ACRES TO RURAL ONE DWELLING PER FIVE ACRES FOR AN AREA SMALL- ER THAN THE ORIGINALLY REQUESTED 1350 ACRES IN THE BIRCH BAY- BLAINE SUBAREA (AB90 -197A) (PAPERWORK RE- CEIVED WITH AGENDA PACKET FOR 11/27; HEARING WAS CONTINUED) Minutes, 12/4/90, Page 2 Bob Tall, Attorney, 119 Grand Ave: He represents Mr. & Mrs. David Allen, petitioners. He said the owners had asked that their property be rezoned. They were told they had to have more land area so approached people in a 1350 acres area. This property is near Blaine; Tull showed a map detailing the property in question. The Planning Commission recommended the Council deny it. The Council sent it back to the Planning Commission and at their hearing three options were given to them. There was a great deal of confusion about this issue. He said there are many five acre parcels. The County has operated under a double standard as a person who wants to rezone must notify everyone but the County does a rezone and does not send out notices. Tull said the 1987 designation was picked randomly and if the owners had been asked they probably would have wanted five acres designations so this would not have an island of 10 acre zoning. Tull spoke on the different designations. His basic message is that there is no basis in the plan for having these areas designated as ten instead of five acre lots. He said he thinks there was an error in the 1987 zoning since many of the parcels in that area are much smaller than that. With this change there would only be a few extra residences, according to Carl Batchelor from Planning. He said Prinz had spoken about the need for ten acre lots when he himself has only a little over six. Sue Ann Croft, 3824 East Road, Blaine: In 1979 she and her husband purchased five acres with friends who took the adjoining ten acres. The friends wanted to sell but found it had been rezoned. She feels an error was made because there was no notification by mail and they certainly did not get the Westside Record Journal. Carl Prinz, 4025 Pipeline Road: He is here in opposition to the plan. We are here about the potential rezone and should keep to this issue. He says if the Council passes this they are setting themselves up for many more rezone applications. This is not a compromise but a sellout as nothing has drastically changed in this area. He hopes the Council will agree with what the Planning Commission has denied twice. David Allen, 7720 Enterprise: He said he has had a lot of people who have come to him wishing it would be changed to five. Bob Tull said it is not necessary that things be contiguous. Mr. Prinz would not be affected by two of these alternatives. The public hearing was closed. Hansey explained the alternatives. JACKSON MOVED TO UPHOLD THE PLANNING COMMISSION. Jackson said she sympathizes with the Allens and does feel the County did not publicize well in the past but that is better now that we are using the Herald. Vanderpol said he would vote against the motion. If the County has made mistakes, Minutes, 12/4/90, Page 3 it should be willing to correct these mistakes. He said we are all concerned about low cost housing and with wetlands, etc. we should take steps to be reasonable. Warner said he would support the motion as it will not make a great difference in the numbers of residences there will be. He is interested in preserving the integrity of the process. Motion carried 5 -2 with Vanderpol and Vander Yacht against. 2. ORDINANCE ESTABLISHING PET SHOP RULES AND REGULATIONS FOR THE HEALTH DEPARTMENT, REPEALING SECTION 6.04.210 OF THE WHATCOM COUNTY CODE (AB90 -369) Warner explained this would give county -wide pet shop rules and regulations. WARNER MOVED THE ADOPTION OF THIS ITEM. Motion passed 6 -0 with Va.nderpol out of the room. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. RESOLUTION ENTERING INTO AN INTERLOCAL AGREEMENT WITH OTHER COUNTIES OWNING PUBLIC TIMBER (AB90 -418) LAIDLAW MOVED THIS RESOLUTION ENTERING INTO AN INTERLOCAL AGREEMENT WITH OTHER COUNTIES BE APPROVED. Van Zanten gave a sketch of the history of timber issues. There is now a representative of the timber counties serving on the committees and we have some accounting from the Department of Natural Resources of the trust land funds. Van Zanten said she would endorse that we join in this so our interests will be looked after. The motion carried unanimously. OTHER BUSINESS 1. APPOINTMENTS TO FILL VACANCIES ON COUNCIL- APPOINTED BOARDS AND COMMISSIONS (PLANNING COMMISSION, BOARD OF EQUALIZATION, AND OPEN SPACE ADVISORY COMMITTEE) (AB90 -405) Haney mentioned Ivan Likkel's resignation from the Noxious Weed Board and said there was a recommendation to appoint Doug McGreevey. Minutes, 12/4/90, Page 4 Planning Commission Jackson said she had received a lot of calls in support of Jay Tabor and she will be happy to support him. Imhof said he is changing his vote this week because he has spoken to Planning staff and will support Simpson. ROLL CALL VOTE FOR PLANNING COMMISSION APPOINTMENTS: Each member was asked to vote for either Jay Taber or Dave Simpson. Vanderpol -- Simpson Warner -- Taber Hansey -= Simpson Laidlaw -- Simpson Imhof -- Simpson Vander Yacht -- Simpson Jackson -- Taber Dave Simpson was appointed 5 -2. WARNER MOVED TO SUSPEND THE RULES AND VOTE FOR THE NOXIOUS WEED BOARD MEMBER. Motion carried unanimously. WARNER MOVED TO APPOINT DOUG MCGREEVEY. The motion carried unanimously. 2. ASSIGNMENT OF AN ORDINANCE NUMBER TO AN ORDINANCE ADOPTED BY CITIZENS' INITIATIVE, REGARDING HIGH VOLTAGE ELECTRICAL POWER TRANSMISSION LINES (AB90 -271) WARNER MOVED TO ASK STAFF TO ASSIGN A NUMBER TO THIS ORDINANCE. The motion was carried unanimously. 3. DETERMINATION OF NEED FOR DECEMBER 18, 1990 SPECIAL MEETING There will be no meeting unless a need arises. Minutes, 12/4/90, Page 5 INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *Consent Items) 1. RESOLUTION AUTHORIZING THE ADMINISTRATION TO ACCEPT FUNDS FOR DEVELOPMENT OF WETLANDS REGULATIONS AS PART OF CRITICAL AREAS ORDINANCE (AB90 -423) Laidlaw reported Planning & Development recommended approval to Council. SHE SO MOVED. The motion carried unanimously. 2. RESOLUTION AMENDING INTERIM WETLANDS PROCEDURE TO BE USED UNTIL SUCH TIME AS WHATCOM COUNTY HAS A WETLANDS ORDINANCE (AB90 -424, RELATED TO AB90 -316) , Laidlaw explained this issue and said the word "Interim Wetlands Procedure" needed to be inserted in line 6 rather than "Wetlands Policy'; she recommended the resolution be approved as amended. SHE SO MOVED. The motion to approve the substitute resolution carried unanimously. Addendum 3. RESOLUTION ISSUING A STATEMENT OF SUPPORT FOR EFFORTS TO LOWER THE LEVEL OF THE NOOKSACK RIVER IN ORDER TO DIMINISH THE POSSIBILITY OF FUTURE CATASTROPHIC FLOOD- ING (AB90 -425) Vander Yacht explained his resolution. VANDER YACHT MOVED THE RESOLUTION BE APPROVED. Laidlaw moved to amend the title by strildng the word "lower the level of and insert the word "manage." Warner moved the word "excessive" be removed and insert "catastrophic" on line 17. Motion to amend carried unanimously. Motion carried unanimously. 4. *ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF LRID 10, REFUNDING BOND ANTICIPATION NOTES OF THE COUNTY IN ORDER TO EXTEND INTERIM FINANCING FOR IMPROVEMENTS Minutes, 12/4/90, Page 6 WITHIN LRID 10, AND FIXING THE TERMS AND SALE OF SAID NOTES (AB90 -426) 5. RECEIPT OF REQUEST FOR RECONSIDERATION OF PETITION FOR VACATION OF A PORTION OF BASS STREET, FILED BY MCGR, NIS- /REYNOLDS (AB90 -185) Items 4 and 5 were received and will be forwarded to the appropriate committees. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Water Sample request by Leibrant: Jackson said John Leibrant called to say the Department of Ecology (DOE) will be coming to take joint samples with the County. Leibrant is requesting a third sample be taken at this time and given to him. DOE is willing to do this but he has not heard from the County. JACKSON MOVED TO ASK THE ADMINISTRATION TO CONCUR WITH THE DEPARTMENT OF ECOLOGY AND ALLOW JOHN LEIBRANT TO HAVE A SAMPLE AT THAT TIME. Vanderpol said he had a problem with giving it to a resident but would agree if DOE sent it to a lab. VANDERPOL MOVED TO ALLOW THE DEPARTMENT OF ECOLOGY TO SEND IT TO A CERTIFIED LAB OF HIS CHOICE WITH THE COST OF THE ANALYSIS TO BE PAID BY LEIBRANT. Jackson said she would be happy with that amendment. The amended motion carried 5 -2 with Imhof and Hansey against. Referendum: Warner asked Watts about the referendum. Watts said it was untimely filed, and suggested the Council direct the Auditor not to accept this referendum. Warner said the Auditor is an elected official and can do as she wishes Watts said it will be forced into Superior Court and everyone is better served to get this cleared up without litigation. Vanderpol said he would like an interpretation of the time limit is on the referendum. Watts explained this issue. Jackson said everyone has been acting in good faith including Davis, Gould, the Executive and the Solid Waste Director. Haney said his memo regarding this issue will be received. Drainage District: Haney said years ago a county wide drainage district was looked into and forwarded a request to Van Zanten regarding this. Imhof said we might look into Drainage and Diking District #1; they are thinking of disbanding it. Hansey said a county- wide drainage district such as Snohomish County has might be wise. Minutes, 12/4/90, Page 7 Barrier: Laidlaw said Mary Chisholm wants to know if Council wants a barrier rope around the Council. After some discussion it was decided to ask Mary Chisholm to proceed with this. The meeting was adjourned 9:30 p.m. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY. WASHINGTON Minutes, 12/4/90, Page 8