HomeMy WebLinkAboutCounty Council June 26 1990WHATCOM COUNTY COUNCIL
June 26, 1990
The meeting was called to order at 7 p.m. in the Council Chambers by Council
Chairman Donald G. Haney.
Others Present: Absent:
Dennis Vander Yacht None.
Emily Jackson
Robert Imhof
Daniel Warner
Marge Laidlaw
Mary Vanderpol
READING AND APPROVAL OF MINUTES of the June 5 and 12 Council meetings: The
minutes were approved with the following amendments:
- Laidlaw noted that in the June 5 meeting minutes, page 1; the name Robert
Pounder should be Ron Pounder. On page 3, a sentence in the middle of the page should
be changed to indicate the County will have trouble designating the critical areas by
September, 1991, not 1990.
- Jackson said she would like the language in paragraph 5 on page 9 of the June 12
minutes changed to read as follows: "Jackson reported... and what the focus would be. She
recommended everyone attend the meetings to provide input into the voting ratio and future
policy of financial participation. The Council owes it to the future of Whatcom County to
be involved in the vision of the Association."
EXECUTIVE ITEMS
BID AWARD RECOMMENDATION FOR A 100 -FOOT RADIAL
STACKER TO PROVIDE A MORE EFFICIENT CRUSHER OPERATION
TO THE LOW BIDDER, ENVIRONMENTAL POLLUTION CONTROL,
INC., FOR AN OMCO HYDA -FOLD RADIAL STACKER, MODEL
ELFR30104 -P2, FOR $58,427.60, INCLUDING SALES TAX (AB90 -209) 17 -18
Executive Shirley Van Zanten presented the recommendation. Warner reported that
Finance reviewed the bid award and recommended approval.
►�.::.lakyni cl DID r: 99071-66 1 to 1.11 iis\iii A : �7:�
Motion carried unanimously.
2. BID AWARD FOR A BRUSH CHIPPER FOR BRUSH DISPOSAL TO
THE LOW BIDDER, UTILITY EQUIPMENT, INC., FOR A BRUSH
BANDIT MODEL 100 BRUSH CHIPPER, FOR $14,123,91, INCLUDING
SALES TAX (AB90 -210) 19 -20
Minutes, 6/26/90, Page 1
Executive Shirley Van Zanten presented the recommendation. Warner reported
Finance reviewed the bid award and recommended approval.
219711:1 : 1 � i. +�:� 97 :I =N2 21.0114
Motion carried unanimously.
3. BID AWARD RECOMMENDATION FOR A ONE -TON CREW CAB
SERVICE BODY TRUCK TO THE LOWEST RESPONSIVE BIDDER,
DIEHL FORD, INC., FOR $22,978.65 INCLUDING SALES TAX (AB90-
211) 21 -23
Executive Shirley Van Zanten presented the recommendation. Warner reported
Finance reviewed the bid award and recommended approval.
►IiTC�]i /0io:/_VWM: Ice
:
Motion carried unanimously.
4. BID AWARD RECOMMENDATION FROM REQUESTS FOR
PROPOSALS FOR A DIGITAL KEY TELEPHONE SYSTEM FOR THE
HEALTH DEPARTMENT TO THE HIGHEST RATED PROPOSAL,
FROM AT &T, FOR A MERLIN II DIGITAL KEY TELEPHONE SYSTEM
(AB90 -212) 24 -26
Warner reported Finance discussed the matter and recommended the Council
approve the bid award.
WARNER SO MOVED.
After extensive discussion and debate over the bids received by the County:
Motion carried 5 -2 with Hansey and Vanderpol opposed.
5. REQUEST FOR AUTHORIZATION TO ENTER INTO A CONTRACT
AMENDMENT WITH HLA /HARPER -OWES WHICH WILL PROVIDE
FOR DEVELOPING FINAL PLANS FOR BID SPECIFICATIONS AND
OTHER SERVICES (AB90 -213) 27 -39
Executive Shirley Van Zanten presented the recommendation. Warner reported
Finance reviewed the contract and asked questions of the Administration. Ultimately
Finance recommended approval. There was some discussion.
WARNER MOVED THE CONTRACT AMENDMENT BE AUTHORIZED.
Motion carried 6 -1, with Vander Yacht opposed.
Minutes, 6/26/90, Page 2
6. EXECUTIVE'S REPORT
Monthly Building and Code Report: A written report was distributed.
Monthly Solid Waste Report: A written report was distributed.
Medic One Project: Van Zanten said a fire and medic one station is being established
in the unincorporated areas of the County in order to increase response time to areas
outside of the Bellingham City limits. She distributed some paperwork on this issue. She
said Dave Hammers, City of Bellingham Fire Department, was present. Hammers explained
the reasons for the change in service, and talked about the changing needs of emergency
medical services. The new unit will be located in the northern part of the County. He
distributed a map showing the service areas he discussed. Haney thanked Hammer for the
report.
Harper -Owes Contract: Jackson requested the Council reconsider the vote to
authorize the contract with Harper and Owes. Jackson said the Solid Waste report just
distributed by the Executive contained pertinent information that should have been taken
into consideration prior to the vote on that matter. Haney restated the motion.
TO RECONSIDER THE VOTE BY WHICH THE CONTRACT AMENDMENT
WAS AUTHORIZED.
Motion failed 6 -1, with Jackson in favor.
SPECIAL PRESENTATION
PUGET SOUND WATER QUALITY PLAN 1990, PRESENTED BY
CLAIRE DYCKMAN, PUGET SOUND WATER QUALITY AUTH.
0
Haney introduced Dyckman, who distributed some paperwork to accompany her
presentation. She said copies of the plan would be left for the Council members to review.
She reminded the Council that during the past Legislative session there was a move to place
the Puget Sound Water Quality Authority under the state's Department of Ecology. She
said thanks in part to the endorsement of the Whatcom County Council, that did not
happen. She proceeded to go through the 1991 Water Quality Program; much of the
program is aimed at preventing toxic substances from entering Puget Sound.
She said information would be given to the County in the late summer and fall
containing model ordinances and other tools to create a preliminary storm water and
wetlands regulations. It would be hoped that the County could have such rules in place a
year from now, she said. She said a task force has been created to make rules on wetlands
and waterways consistent from agency to agency. She talked about other programs and
changes affecting local governments. Among those items discussed was funding for shellfish
programs.
In all areas, she said, input from Whatcom County government would be much
appreciated. She also noted that federal agencies are beginning to get involved in
Minutes, 6/26/90, Page 3
preserving estuaries, and if the county wants funding from the federal government for
related programs, now is the time to ask. She thanked the County for its commitment to
identifying watersheds and wetlands, mentioning that Jackson had been involved in that
process. She also said she was pleased that Laidlaw had attended conferences on the subject.
Laidlaw said the U.S. Army Corps of Engineers is getting more involved in local
government issues, yet is mandating where and when it will dump its dredge spoils; in this
case, in some of Whatcom County's bays. Dyckman discussed the program for monitoring
and sampling dredge spoils, and urged the Council to comment on the matter if it does not
agree with the process. She said she could arrange a briefing on this matter on July 12,
when a representative of the Authority would be in the area. Laidlaw said she liked that
idea. Discussion ensued. Dyckman noted that information on such programs could be
found in the paperwork she distributed under the "Sediments Program" section. Bellingham,
among other areas, will be regional dumping sites for dredge spoils. Jackson said she would
like to learn more about the program as well. Dyckman said the program is very technical
and esoteric.
OPEN SESSION 8:15
Mike Koffman, member of Neighbors Opposing Power Encroachment (N.O.P.E.):
In August (the 7th through the 9th) the federal government will be in the area to look at
where the high voltage power lines will enter the County. This review is for the presidential
permit. An environmental impact statement will be done by the Department of Energy, as
well as a report on the reliability of design. The second report includes the impacts on
power supply in different areas. It was suggested that N.O.P.E. should hire experts to testify
on these matters. He said that would be difficult to do, in light of the group's minimal
resources. He said a documentary of the issue had been prepared locally, and he offered
several copies to the Council Office for their information. The videos are titled, "Stopping
Puget Power."
Warner asked questions and Koffman responded.
Anthony Karuza, E. Laurel Road: Submitted a petition for a no- shooting zone in the
area near the E. Laurel Road. He said lots of reckless shooting has been taking place,
endangering children, animals and livestock. He said three households in the area were
opposed, 24 signed the petition in favor of the no- shooting zone. He noted that the high
school is not included in the area, but that it probably would like to be included. Haney
said the petition would be sent to the Public Services Committee for review and referral to
Public Works.
Mike Trible, Sudden Valley (647- 2238): He said he understood the County has a
noise ordinance that puts a moratorium on excessive noise from 10 p.m. to 5 a.m. He said
logging operations in the area are waking him in the early hours of the morning. Hansey
said John Yachobellis had complained about similar matters, and the Sheriffs Department
told him that no ordinance exists. Warner said he had received calls as well, and logging
operations have awakened him at 4 :30 in the morning. Tribble asked that the Council put
a noise ordinance into place if one doesn't exist.
Minutes, 6/26/90, Page 4
John Liebrant, formerly of Cedarville: New tests taken in the Cedarville area have
shown contaminants. Clerk was asked to transcribe Liebrant's comments and send them to
the Health Board Advisory Committee.
Warren Hansen, 4430 Lakeway Drive: Referring to the County's 600 feet of frontage
on the lake near Euclid. He said people have been dumping garbage and yard waste
illegally on that property. Also the County has dumped fill and chunks of asphalt there as
well. It would be nice if the County could do something about this, such as putting up a
fence. Now, because of these and other problems, some of the nice trees on that property
are in danger of dying. The property is possibly one of the few places where wild animals
still have direct uninhibited access to the waterfront. It may even be classed as a small
wetland. He would like to see the land preserved and dedicated to the animals.
Dorothy Ross: She said according to the newspaper, there are more than 24
billboards from here to the Canadian border on the Guide Meridian. She said they are a
distraction and very unattractive. She missed the Council's hearing on the billboards at the
6/12 meeting. She urged the Council to investigate the usefulness of billboards, the
appropriateness of certain ads in certain locations, ads that distract driver attention, and
their impact on aesthetics. Billboards protruding from the landscape at every half mile is
not beautiful, she said.
HEARINGS AND FINAL CONSIDERATION
1. ORDINANCE DELETING SECTION 6.04 OF WHATCOM COUNTY
CODE, REPLACING IT WITH NEW ANIMAL CONTROL
REGULATIONS (AB90 -188) 40 -65
Haney opened the hearing. The following comments were made:
Debbie Hadaad, Deming: Was among people in Deming who submitted a petition
urging the Council to institute a leash law in that area. She thinks a county -wide dog
control zone is a good idea.
Roland Middleton, Birch Bay- Lynden Road: Asked if consideration was given to
breeders of dogs, in terms of licensing, for example. Warner responded yes.
Kathy Choat, vice president, Mount Baker Kennel Club: The club has reviewed the
ordinance and favors the proposed regulations.
Warren Hansen: Spoke in favor of the ordinance. Has had terrible experiences with
dogs attacking him as he jogged or biked along roads.
Wayne Davis, 6965 Guide Meridian: Basically he agreed with the leash laws, but said
he also favored some sort of free spay and neuter clinic in order to take care of problems
such as dumping unwanted dogs and puppies. Figures from Vancouver, B.C. and Los
Angeles, where clinics are operating, show the number of animals destroyed has decreased.
He said he knows some vets would volunteer, if for no other reason than to gain new clients.
Stopping overpopulation would help ease animal suffering. He also talked about wild
animals and protections for them.
Ron Bacon, Guide Meridian: The proposed ordinance calls for licensing fees for
Minutes, 6/26/90, Page 5
dogs; potential revenue would be between $120,000 to $220,000. The fees constitute a tax
on dog owners only. This would be discriminatory; cats and livestock should be included.
Services provided by the Humane Society are for all types of animals. The burden should
be passed on to all animal owners. He spoke in favor of a free spay and neuter program
in the County. In the United States there are 70,000 cats and dogs born every day, and only
10,000 children. Until the number of unwanted animals are under control, costs are going
to continue to rise.
Marian Purdue, Ferndale: Her cat, and her neighbors two kittens, were killed by
dogs running in packs through the housing development she lives in. Favors the new law.
The hearing was closed.
Vanderpol reported that Public Services had reviewed the ordinance, and he asked
Warner to present amendments that were developed in Committee. Warner said the
ordinance would create dog control zones and licensing requirements. He addressed some
of the concerns raised during the hearing. The dog licensing fee is designed to pay for the
cost of licensing, not for other animal control functions. Spaying and neutering animals is
important, and the ordinance provides for a lower licensing fee for animals that have been
altered. The possibility of a broader program providing free service has been discussed; it
is being investigated. Warner said Jackson has been looking into this matter as well.
Warner said the vast majority of problems with animals have been with dogs. Cats
do not present the problems for society that dogs do. After a trial period, the regulations
may need to be adjusted, he said. Warner presented some written amendments to the
ordinance, as follows:
-Page 6, line 29, change "leash law" to "under-control provisions."
-Page 10, line 20 add: "No person shall be permitted to own, harbor, or maintain any
lion, tiger, bear, gorilla, lynx, cougar, mountain lion, jaguar, or venomous snake."
-Page 9, add a section "I" as follows: "No animal shall chase, run after, or jump at
vehicles, including bicycles, on public roads, highways, sidewalks, or other public ways."
-Page 22, line 23: Add to section title, "Trapping or detaining destructive or nuisance
-Page 22, line 31: "Humanely trap or detain..."
-Line 32: "... trap or detain ..."
He also noted that Laidlaw caught a typographical error, and that Vander Yacht had
suggested the following amendment: On page 8, line two, add language indicating that the
Council may, by ordinance, set the fee for such service.
WARNER MOVED THAT THE ORDINANCE BE ADOPTED.
WARNER MOVED THE ORDINANCE BE AMENDED AS SUGGESTED.
The amendments were adopted.
Jackson said she would like to see licensing be required for cats as well as for dogs.
She discussed rabies vaccinations.
Minutes, 6/26/90, Page 6
Motion to adopt amended ordinance carried unanimously.
Warner expressed his gratitude to Mary Henry and Tim Lucy of the Humane Society;
he said they did the bulk of the work and all he did was modify it slightly to create the
ordinance.
2. PETITION FOR VACATION
BETWEEN WOOLRIDGE AND
AND PAM FOX (AB90 -176)
OF COUNTY ROAD, BROADWAY
SUNSET, FILED BY JAKE SIMPSON
66 -67
Vanderpol said the Public Services Committee recommended the hearing be opened,
then continued to the July 10 meeting. The hearing was opened.
Wayne Courtliver(sp ?): Spoke in favor of the vacation.
Arman Wall(sp ?), 7508 Woolridge: Spoke in favor of the vacation. He requested
trail access across the vacation. The sewer line access could serve this purpose, he said.
Access would be to plot 17 lot 2. If the Engineers feel there is a better easement location,
he would not object to that, he said.
Haney said the hearing would remain open through the July 10 meeting.
3. ORDINANCE AMENDING WATER SAFETY AND BOATING CODE
AND FURTHER ADDITION FOR SAFER BOATING ON COUNTY
LAKES (AB90 -182) 68 -71
Haney opened the hearing.
Steve Cronkite(sp ?), 1844 Lakeside: Said the change in distances is ill thought of;
making the area less than 300 feet would make it less safe. The ordinance is a little ill -
conceived in that it allows for two distance regulations. He said that would not work. He
said the footage should be the same for both skiers and boats, and he is appalled that the
volunteer enforcement program was dropped. He also noted that the City of Bellingham
should be asked to have the same distance regulations. He talked about problems with 9 -1-
1.
Lloyd Austin, 1838 Lakeside: Said he agreed with the previous speaker. The law
says the limit is 300 feet from the end of the docks, not the shores. He said the distance
should be measured from the docks, because that distance would be stationary. The speed
limit is 45 mph, but he said many boats go faster. Some docks are 100 feet long, and to
allow people to ski within 50 feet of the dock is dangerous. He also talked about problems
with 9 -1 -1. He urged that noise restrictions should be included as well.
Jackson asked Austin about jet skis. Austin said a person has to be 14 years old to
run one, and they seem to be a law unto themselves. They jump everything that is loose in
the water, which makes a great deal of noise. Haney said nothing in the ordinance
addresses jet skis, and it was only in March of this year that the state created a law to
address them. Haney said they are included in some of his proposed amendments
(distributed just prior to the Council meeting).
Minutes, 6/26/90, Page 7
Austin said a citizens committee in that area would be happy to offer any assistance
in enforcement efforts.
Warren Hansen: Has enjoyed swimming, boating, fishing and residing in the Lake
Whatcom area. Water skiers present quite a problem, even within the restricted zone.
There is a definite lack of concern by boat operators for swimmers. Jet skis are just as bad.
He talked about other restrictions he would like to see imposed, including a 35 mph speed
limit for boats county -wide.
Wayne Austin, Euclid Avenue: The Council should call on the expertise of residents
in the area when placing buoys. He also spoke in favor of reinstating the volunteer patrol.
Sheriff Larry Mount: The reason behind changing shoreline distances was that Wiser
and Samish lakes are so small that skiing was not allowed under present restrictions. The
distance restrictions have fluctuated over the years, he said. A compromise on Lake
Whatcom may be appropriate, he said. Baker and Ross lakes are not impacted, because
they are in National Forest lands. He discussed the changes further. He said there was a
typo on page 1 of Exhibit A of the ordinance, that the words "when feasible" should be
deleted. He discussed the matter further.
Jackson said people in Wiser Lake don't want to lose their ability to ski on that lake,
so perhaps a lesser restriction would be appropriate. Mount said he didn't have a problem
with that. Vanderpol talked about the volunteer patrol, and asked why it is no longer being
used. Mount said the Parks Department has been patrolling the lakes; this year a deputy
will join them. The County is liable for the action of the enforcement people. The
volunteers did a good job, but the County's should accept the responsibility and provide
county staff.
Vanderpol suggested the ordinance be returned to the Committee for revisions. He
asked Mount if this would be a problem. Hansey interjected if nothing is done tonight,
restrictions are in place. Mount suggested that the distance requirements could be deleted
and considered at another time, and the other parts of the ordinance should be taken into
consideration tonight. Mount discussed the matter further, including discussion of alcoholic
beverages on board boats.
The hearing was closed.
9:45
Warner suggested the ordinance be returned to Committee. Vanderpol said the
Committee was going to recommend a do -pass pending modifications. In deference to the
Sheriff, he said, something should be passed this evening.
VANDERPOL MOVED TO ADOPT THE ORDINANCE.
VANDERPOL MOVED TO AMEND EXHIBIT A OF THE ORDINANCE SO
THAT 11.20.010 PART C TO ADD THE WORDS (AFTER "... ONE HUNDRED FIFTY
FEET OR MORE FROM THE SHORELINE "), "WITH THE EXCEPTION OF LAKE
WHATCOM WHICH SHALL REMAIN AT 300 FEET FROM THE SHORE, DOCK OR
FLOAT."
Hansey noted that the effect of doing this would leave Lake Whatcom at the present
level of restrictions. Discussion ensued.
Minutes, 6/26/90, Page 8
Motion to amend the ordinance carried unanimously.
HANSEY MOVED TO AMEND 11.16.030 (2) IN ORDER TO MAKE IT
CONSISTENT WITH THE ABOVE AMENDMENT; MAKING THE SPEED LIMIT
EFFECTIVE WITHIN 150 FEET ON EVERY LAKE, EXCEPT FOR LAKE WHATCOM
WHERE IT WILL BE AT 300 FEET.
Vanderpol said this also should include jet skis. Hansey said it would be better to
include that in a new section for jet skis.
Motion to amend carried.
IMHOF MOVED TO AMEND 11.20.010 (H), TO STRIKE THE WORDS "WHEN
FEASIBLE."
Motion to amend carried.
IMHOF MOVED TO AMEND 11.12.030, TO STRIKE THE WORD "VESSEL"
AND REPLACE IT WITH "WATER CRAFT."
Haney noted that vessel means any item larger than 110 feet in length.
Motion to amend carried.
WARNER MOVED TO AMEND 11.12.013 BAFFLES AND CHAMBERS
AMENDMENT SUGGESTED BY HANSEY (in the "proposed amendments" on file).
Imhof said he didn't think this could be changed at this time because a public hearing
is needed. Warner withdrew his motion.
Warner said it didn't seem healthful for exhaust to discharge into the water, and it
probably would be a good idea.
The muffler section and jet skis would be included in a public hearing july 10, Hansey
said. He said the entire boating code needs revision.
Laidlaw said the words "our county lakes" in the title of the ordinance may not be
appropriate. She wondered if Ross and Baker lakes would be included under that
definition. Haney said he thought the entire section of the County Code should be
examined by the Public Services Committee.
Motion to adopt the ordinance as amended carried unanimously.
Jackson commended Lloyd Austin for his efforts on the lake. There was applause.
The Council took a break from 10 p.m. to 10:05 p.m.
4. RESOLUTION IN THE MATTER OF THE COMPREHENSIVE SIX
YEAR ROAD PROGRAM FOR THE YEARS 1991 THROUGH 1996
Minutes, 6/26/90, Page 9
(AB90 -218)
72 -73
The hearing was opened; there was no testimony and the hearing was closed.
Vanderpol said the committee reviewed the resolution and recommended approval.
He explained that the six year program is a sort of long -term wish list for road
improvements.
VANDERPOL MOVED THAT THE RESOLUTION BE APPROVED.
Henken noted that the one -year program is more fixed, that in order to add anything
to the program once it is passed the Council must vote to make the addition unanimously.
There was discussion.
Motion carried unanimously.
FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES
1. ORDINANCE REVISING THE 1990 BUDGET FOR SALARY AND
BENEFITS (AB90 -201) 74 -76
Warner reported that Finance Committee had reviewed the ordinance and
recommended it for approval. He said the administration had provided the Committee and
Council with a substitute ordinance at the Finance & Personnel Committee meeting earlier
that day.
WARNER MOVED THE SUBSTITUTE ORDINANCE BE ADOPTED.
He explained the ordinance, which reflects the budgetary changes needed in order
to accommodate union and exempt salary increases.
Motion carried 5 -2 with Imhof and Jackson opposed.
2. ORDINANCE CREATING TITLE 24.08 TO ADDRESS INERT WASTE
AND DEMOLITION WASTE LANDFILL REQUIREMENTS (AB90-
179)
77 -91
Warner said the Finance Committee had this ordinance in committee, as did the
Health Board Advisory Committee. He reported that the Health Board Advisory
Committee has been working on the regulations for quite a time. The regulations were
written by Dave Bader and Joni Hensley of the Health Department, and he recognized the
input and assistance provided by citizens Bernie Hilgart and Stan Lenssen. He said the
Health Board Advisory Committee recommended adoption of the regulations.
WARNER MOVED THE REGULATIONS BE ADOPTED.
WARNER MOVED TO AMEND THE ORDINANCE ON PAGE 5, SO THAT
Minutes, 6/26/90, Page 10
THE PLAN DOES NOT HAVE TO BE PREPARED BY A REGISTERED ENGINEER:
STRIKE "REGISTERED," ADD "PROFESSIONAL." ALSO, THE PHRASE "COUNTY
ENGINEERING DEPARTMENT' ON PAGE FIVE SHOULD SAY "COUNTY
ENGINEERING DIVISION."
He said other areas in the state are starting to look at this ordinance in the hopes
of adopting similar ones.
Motion to amend carried.
Motion to adopt the amended ordinance carried unanimously.
3. ORDINANCE AMENDING TITLE 24.01 TO REFINE THE DUTIES AND
POWERS OF THE HEALTH BOARD AND ITS ADVISORY
COMMITTEE (RELATED TO AB90 -196, BY -LAWS CHANGES) (AB90-
205) 127 -129
WARNER MOVED TO ADOPT THE ORDINANCE.
WARNER MOVED TO AMEND LINES 7 -9 ON PAGE 129, CHANGE BY
DELETING THE SHADED LANGUAGE; ON THAT SAME PAGE, LINE 29, THE
WORD "APPROVED" SHOULD BE "REVIEWED."
Motion to amend carried.
Warner said the amendments to the ordinance were to clarify the role of the HBAC
in budgetary decisions.
Motion to adopt the amended ordinance carried unanimously.
4. ORDINANCE ADOPTING AMENDMENTS TO THE COUNTY
DEVELOPMENT STANDARDS RELATING TO INTERIM
SEDIMENTATION AND EROSION CONTROLS FOR CLEARING OF
NON - FORESTED LANDS IN THE LAKE WHATCOM AND SAMISH
RIVER WATERSHEDS AND OTHER CRITICAL WATERSHEDS IN
WHATCOM COUNTY (AB90 -156) (INTRO'D 4/24) 105 -117
Laidlaw noted that a correction was needed to the agenda bill, in the middle of the
summary statement (instead of the June meeting it should be the April meeting). The
Planning and Development Committee recommended approval.
Iw_11 IQW.AvivA kri[el"DID CI:03990]i►EWL 4-90"'. a"., 0797JIN�a
Motion carried unanimously.
OTHER BUSINESS
Minutes, 6/26/90, Page 11
1. REQUEST TO AMEND THE OFFICIAL URBAN FRINGE COMP PLAN
MAP FROM TOURIST COMMERCIAL TO URBAN RESERVE
MEDIUM DENSITY AND AMENDMENT OF THE OFFICIAL ZONING
MAP ... FOR APPROXIMATELY 2.8 ACRES SOUTH OF AIRPORT DR.
ON WEST MAPLEWOOD (AB90 -224) 118 -125
Laidlaw reported Planning and Development Committee reviewed the ordinance and
discussed it at length. The staff and the Planning Commission requested that the rezone be
denied. The Planning Commission vote was 6 -2 to deny it. The Planning and Development
Committee recommended the Council have its own hearing (2 -1 vote with one abstention).
LAIDLAW MOVED THAT THE COUNCIL HAVE ITS OWN HEARING.
Laidlaw said the Planning Commission believes that no rezones should take place
until the overall urban fringe study is completed. Staff originally had recommended
approval. Jackson said she abstained at the Committee level because on the documentation
provided the vote of the Planning Commission was not available. She spoke now in
opposition to the motion. The Commission voted 6 -2, which should send a clear message
to the Council, she said. Ha.nsey said another thing that was taken into consideration by the
Committee in making this recommendation was that the developer was not represented at
the Planning Commission hearing; however, a neighbor spoke in opposition to the proposal
at the hearing. Discussion ensued. Jackson said the Council has made the Bakerview
residents wait for a rezone until the urban fringe plan is completed; therefore it didn't seem
fair to let others in that area be rezoned.
Warner said this seems to be part of an on -going struggle, with the Council wanting
to push ahead with the urban fringe area, and the Planning Commission wanting to hang
back. Diane Harper of Planning said the application for the rezone was received a week
prior to the Bakerview rezone request. Staff proceeded with this particular application,
because it was small and would down -zone the land.
Vanderpol said he finds it interesting that Warner is concerned about the Planning
Commission's recommendation when a few weeks ago he disregarded months' worth of the
Planning Commission's work (in amending and ultimately adopting the Point Roberts zoning
plan). Warner said he disagreed with Vanderpol. Jackson asked if the Council would be
having hearings on every denial from the Planing Commission. No one responded.
Motion carried 6 -1, with Vanderpol opposed.
2. DISCUSSION OF POSSIBLE RELOCATION OF COUNCIL OFFICES
(AB90 -215) (CAPITAL PROJECTS TOURED COURTHOUSE ANNEX
6/20, WELL MAKE A RECOMMENDATION) NO PPR
Haney said the Capital Projects Committee toured the Courthouse annex last week,
and concluded that necessary modifications should take place in order for the Council
offices to move in late August.
WARNER MOVED TO AUTHORIZE THE RELOCATION OF THE COUNCIL
Minutes, 6/26/90, Page 12
OFFICES TO THE COURTHOUSE ANNEX.
Warner explained some of the advantages to moving to the annex area, as well as
some of the disadvantages. The space now occupied by the Council will be needed by
Courts. Discussion ensued. Warner said there are significant cost impacts, in terms of
equipment and furniture, in addition to the refurbishment.
Motion carried unanimously.
Hansey asked that the Administration be notified in order to get the refurbishment
underway.
3. CANCELLATION OF COUNCIL MEETINGS (JULY 3, AUG. 14, AUG.
28) (AB90 -216) 92
Hansey said although Council already has scheduled around these dates, he thought
it would be beneficial to cancel these meetings formally.
WARNER MOVED TO CANCEL THE MEETINGS LISTED.
Vanderpol noted that he will be gone for the August 7 meeting.
Motion carried 6 -1 with Laidlaw opposed.
4. *RECEIPT OF PETITION TO VACATE AN UNNAMED COUNTY
ROAD, FILED BY WEDEN ENGINEERING ON BEHALF OF HAROLD
WALTON (HEARING TO BE SCHEDULED ON ENGINEER'S REPORT)
(AB90 -217) 126
ADDENDUM:
5. *RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON
OSBERG CONSTRUCTION
Items 4 and 5 were received without comment.
INTRODUCTION OF RESOLUTIONS & ORDINANCES ( *CONSENT ITEMS) 10:45
1. RESOLUTION IN THE MATTER OF ADOPTING A SALARY
SCHEDULE FOR THE UNREPRESENTED WHATCOM COUNTY
EMPLOYEES FOR THE YEAR 1990 (AB90 -219) 93 -98
Warner said this resolution establishes a salary matrix of 30 ranges and steps,
formalizing the salary increases provided for in the budget amendment earlier in the
evening. This also involves a salary survey.
WARNER MOVED THAT THE RESOLUTION BE ADOPTED.
Minutes, 6/26/90, Page 13
Motion carried 4 -3 with Imhof, Jackson and Vander Yacht opposed.
2. *ORDINANCE PROVIDING FOR AN APPROPRIATION IN THE
CURRENT EXPENSE FUND, NON - DEPARTMENTAL, TO PURCHASE
THE CITY OF BELLINGHAM'S INTEREST IN THE PUBLIC HEALTH
BUILDING (AB90 -220) (FINANCE) 99
3. *ORDINANCE REVISING HEALTH DEPARTMENT 1990 SCHEDULE
OF FEES AND CHARGES (AB90 -221) (FINANCE) 100
4. *ORDINANCE REVISING THE 1990 PUBLIC HEALTH FUND (AB90-
222) (FINANCE) 101
5. *ORDINANCE AMENDING WHATCOM COUNTY CODE 2.55.010
(BONDING EMPLOYEES OF COMBINED TREATMENT SERVICES)
(AB90 -223) (FINANCE) 102
6. *ORDINANCE FORMALLY ESTABLISHING THE DEVELOPMENTAL
DISABILITIES DEPARTMENT AND BOARD AND SETTING FORTH
VARIOUS RELATED POLICIES (AB90 -208) (PUBLIC SERVICES) 103
7. *ORDINANCE AMENDING COUNTY CODE SECTION 5.22,
CHANGING THE PROCEDURE FOR GRANTING PERMITS TO
SOLICITORS AND CANVASSERS (AB90 -207) (PUBLIC SERVICES) 104
ADDENDUM:
8. *ORDINANCE RE- ESTABLISHING THE DRUG TASK FORCE FUND
Items 2 -8 were introduced by consent and referred to the appropriate committees.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Billboards: WARNER MOVED TO SCHEDULE A PUBLIC HEARING ON
JULY 10 TO POSSIBLY AMEND THE BILLBOARDS ORDINANCE (INTRODUCED
5/8) BY PHASING OUT BILLBOARDS BY THE YEAR 2000.
Jackson raised the question of whether the changes were substantially different and
would need to go through the Planning Commission. Watts said as long as the Council
publicizes the ordinance and people who attended the first hearing are notified, there should
not be a problem. Discussion ensued. Warner said Attorney Robert Tull had said a phase
out of billboards is a substantive change. Hansey asked if the revised ordinance would need
to be introduced; it was determined it would not be.
Motion carried 5 -2 with Hansey and Jackson opposed.
Boating Regulations: HANSEY MOVED TO INTRODUCE AN ORDINANCE
Minutes, 6/26/90, Page 14
AMENDING THE WATER SAFETY AND BOATING CODE, SC1-- DUL1i °,?G
PUBLIC HEARING ON JULY 10.
Motion carried unanimously.
Suggestion Box Input: Laidlaw noted that the Council Staff said it wouldn't to
action on any suggestions without direction from the Council. Two people had asked tfat
the microphones be turned on during court sessions, and she thought the Superior Court's
office should be notified. The Clerk said staff had already sent a note to that office alerting
them to the suggestions.
ARCO Tanker Ride: It was announced that ARCO offered to give Council members
a ride on an oil tanker Thursday night.
Budget Retreat: Laidlaw reminded members that the retreat would be from 1 to 5
p.m. Wednesday.
Drainage In Point Roberts: Jackson asked that complaints about a drainage problem
in Point Roberts be referred to the Public Services and Solid Waste Committee.
The meeting was adjourned at 11 p.m.
ATTEST:
Ramona Reeves, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY. WASHINGTON
Minutes, 6/26/90, Page 15