HomeMy WebLinkAboutCounty Council March 27 1990WHATCOM COUNTY COUNCIL
Tuesday, March 27, 1990
The meeting was called to order by Chairman Don Hansey at 7 p.m.
Other members present Absent
Mary Vanderpol None
Emily Jackson
Marge Laidlaw
Bob Imhof
Dan Warner
Dennis Vander Yacht
READING AND APPROVAL OF MINUTES
The minutes of the March 6 Special Meeting and the March 13 Regular
Meeting were presented to Council.
Jackson noted one correction on the March 6 minutes, Page 5, first paragraph;
should read Governor's Drug Policy Board which has $450 million nationwide and $7
million for the counties through the State. Guidelines should follow Policy Board
recommendations.
The minutes were accepted as published with those corrections.
SPECIAL PRESENTATION
PRESENTATION ON THE EXPANSION OF BELLINGHAM
INTERNATIONAL AIRPORT BY S.A.F.E. (SAFE AIRPORT FOR
EVERYONE) (AB90 -102)
Haney said a major development permit for the airport expansion was applied
for at Buildings & Codes this morning. Recommendation of Hearing Examiner will
come to the Council; the Council will not be able to enter into any dialogue after
tonight as it will be acting in a quasi judicial role.
Julie Richardson, 3238 Bancroft Road: Presented the goals of Safe Airport
For Everyone (S.A.F.E.). This group has been meeting regularly and the members live
all over the area. She said it is the belief of the membership that the runway
expansion is not entirely a safety measure on the part of the Port. S.A.F.E. is
concerned about the results 10 or more years down the road. Richardson said the
group believes the Port plans to market the international airport in lower B.C. and
Skagit County. Once the airport expansion is completed future airport cargo carriers
will be free to regularly use this airport. It is very difficult to deal with the noise
problems once they are in place, Richardson stated. Richardson introduced other
members of the group. She said the group wants a positive progressive plan for
everyone with safety, convenience, and protected environment. Noise pollution
produces stress, high blood pressure, and disrupts the quality of sleep. There is a
tendency to think of noise as an inconvenience rather than a serious impact on
people. S.A.F.E. advocates a 600 foot addition for safety's sake with only certain
aircraft allowed and for jet aircraft. She said the group proposes no
routine departure or arrivals for an eight hour quiet time during the night.
Minutes, 3/27/90, Page 2
Peter Rittmueller: He discussed noise and airport growth. He showed slides
demonstrating the decibel levels at Alderwood School. He stated that Stage Three
aircraft are the quietest aircraft available. Stage Two's are significantly louder and
some airports have banned the use of all stage two aircraft. He said he thinks that
by 1994 Bellingham will have regular flights of stage two aircraft. Rittmueller said
that 85 decibels prohibits all speech except for shouting. Disturbance of sleep is the
number one irritant, stated Rittmueller. There has been phenomenol airport growth
since 1985; it has much higher than previously predicted. Population will grow
tremendously in this area; Rittmueller said it is predicted there will be 10 million
people in lower mainland of British Columbia by the year 2000. There will be a
dramatic increase in cargo use and the bulk of cargo planes are noisy. SeaTac and
Vancouver airports will suffer overcrowding and will make Bellingham look very
appealing. A 5600 ft. runway will allow a 1000 mile flight; with a 6,800 ft. runway
aircrafts could fly to the east coast non -stop.
Richardson: The proposed flight track over Lummi Bay may help somewhat
but it would not be appropriate to have excessive noise over the Lummi Reservation.
Richardson urged the Council to avoid getting into situations that others have had to
struggle with once in place.
Jackson asked Chief Civil Deputy Prosecutor Randy Watts if the Council has
the option of foregoing the possible appeal; will there be preemption of any landuse.
Watts said the process has begun with the filing of the application. Information given
to the decision makers is open. There should be no conversations between people
that is not privy to everyone. Information will be garnered at the public hearing.
Council should be open minded at the time of the hearing. Court recognizes that
with the issuance or denial of a permit, the entity has the right to impose restrictions
on the permit such as noise. Watts said the Council must wait until the process gets
to them, look at the record that is created, keep an open mind. Watts'
recommendation to Council is to not discuss the issue with each other and not to
prejudge. The Council should not shortcut the process, Watts stated.
Haney said that the word appeal has been mentioned and it is only a permit
application at this time. The Council will have the option to have a hearing when
the permit comes before it.
Laidlaw asked how long it would take for a permit of this size to go through.
Planning Director Dan Taylor said his guess would be 4 to 5 months.
EXECUTIVE ITEMS
1. REQUEST FOR AUTHORIZATION TO WAIVE BID
REQUIREMENT AND ENTER INTO A FIVE -YEAR AGREEMENT
WITH IBM FOR COMPUTER MAINTENANCE (AB90 -84) (KEPT IN
FINANCE 3/13)
Van Zanten explained this had been kept in committee for further
investigation. George Reid stated in a memo there was a considerable saving
accepting this bid; IBM is the only one qualified with technicians in Bellingham.
Warner reported Finance recommended approval of this item.
Minutes, 3/27/90, Page 3
WARNER MOVED THIS ITEM BE APPROVED.
Motion carried.
2. BID AWARD FOR THE SUPPLY OF HEPATITIS B VACCINE TO
THE LOWER RESPONSIVE BIDDER, AUBERTS PHARMACY, AT
$48 PER DOSE (ANTICIPATED ANNUAL DOSAGE NEEDED IS
APPROXIMATELY 600) (AB90 -103)
Warner reported Finance recommended approval of this item.
WARNER MOVED THIS ITEM BE APPROVED.
Motion carried.
3. NEW APPOINTMENT OF ELVIS DELLINGER TO THE HOUSING
AUTHORITY BOARD TO COMPLETE THE TERM (EXPIRING
4/18/93) OF PHYLLIS GRAHAM (AB90 -104)
Van Zanten explained this item. The Housing Authority Board solicited
applications and they have chosen Elvis Dellinger.
WARNER MOVED THIS APPOINTMENT BE APPROVED.
Motion carried.
4. EXECUTIVE'S REPORT
Solid Waste: SWAC will meet again next month to discuss the hazardous
waste issues. Informational brochure should be out next week and later in the
Ferndale and Lynden papers. Monthly status reports will be coming on the status of
the EIS report.
Warner stated the Finance Committee asked the administration to reply to
requests from Corky Smith, Jr. of Olivine.
OPEN SESSION
Mike Brennen, Exec VP Whatcom Chamber of Commerce: There is a lot of
parity and closeness in discussion that are taking place regarding the airport
expansion. The main items being discussed are highly technical ones dealing with
noise levels and market realities. He has been working with the Canadian
government and there are some serious areas of discussion. The Port is interested in
safety; things must be built to be safe. It is important to understand Whatcom
County is at the end of the road in commerce; economic development and ability to
diversify is essential, Brennen continued. The County must bring the money in rather
than try to sell the products locally. New aircrafts will be built that are not so noisy.
Lloyd Austin, Lakeside: Depending on the Council to ensure quality of life.
Minutes, 3/27/90, Page 4
The expansion may be for the Canadians and the County needs to save the
environment.
Martin McIntyre, 585 Pleasant Bay Rd: The County needs to protect the
purity of the waters and the forests; it should not forego these in the interests of
growth.
Fred Miller, 3229 North Shore Drive: Miller urges Council to act on the
clearing ordinance quickly. About the airport expansion, he said he flies a lot and
feels 5,600 ft. runway extension would be adequate.
Martin Keeley, Point Roberts: Please adopt the clearing ordinance, said
Keeley. He would like to see larger buffer zones. Keeley said he feels the Goods
and Services tax in Canada will add to the Whatcom County shopping that is done by
Canadians.
Argen Flugekvam (SP ?): Supports the runway extension to the 6,800 ft. length.
This is not the favorite landing spot for pilots; 5,600 ft. will be better but 6,800 will
be much better.
There was a short break, then the meeting reconvened.
HEARINGS AND FINAL CONSIDERATION
1. RESOLUTION AUTHORIZING THE SALE OF COUNTY OWNED
PROPERTY THROUGH PUBLIC AUCTION (AB90 -105)
Warner reported that Finance recommended approval of this item, which
involves the sale of county land near Cedarville landfill. The public hearing was
opened, there was no comment and the hearing was closed.
WARNER MOVED THAT THIS ITEM BE APPROVED.
Jackson stated she would not support the motion because if there is a problem
with the landfill down the road the County could be liable; perhaps it should hold
onto the property. Watts agreed there would be some liability to the County. A
pledge from the buyer that he would not hold us responsible may or may not be
upheld but if he sold it to someone else the new owners may come back on the
County. Watts said any kind of waiver will be challenged. A lease was suggested.
Warner said that Jackson's point was a good one and he would recommend a lease.
The buyer, Mr. Cowden said he uses the land to dump his slurry wash from his
trucks; he traded for half of the area some years ago. Warner said it might be useful
to have Watts to review this. Warner withdrew his motion.
Vanderpol asked the buyer, Mr. Cowden, if he would lease the property.
Cowden replied he would, for a small amount.
WARNER MOVED THIS GO BACK TO COMMITTEE.
Motion carried with Laidlaw voting against the motion.
Minutes, 3/27/90, Page 5
2. PETITION FOR THE VACATION OF GRAND BOULEVARD,
BLOCK 2, AMENDED PLAT OF GENEVA, FILED BY GLENN K.
JOHNSON (AB90 -41)
Warner stated Mr. Johnson had asked him during the break if this could be
held over to another meeting. Watts said Council could proceed with the hearing.
Vanderpol recommended this be held over. The public hearing was opened.
Bill Mc Cord, 2025 North Shore Drive: Said the attorney's advice conflicted
with a Council member's promise to hold this over and that would not be fair.
Hansey declared the public hearing continued to April 10th.
FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES
1. ORDINANCE ESTABLISHING FINANCIAL MANAGEMENT
COMMITTEE (AB90 -94)
Warner explained the ordinance. He stated the benefits would be most
welcome; particularly inter - office transfers without the necessity of issuing a warrant.
WARNER MOVED TO AMEND THE ORDINANCE BY ADDING
THE WORDS ON PAGE 3A LINE 16 "COMMITTEE SHALL
REPORT TO THE FINANCE COMMITTEE NOT LESS THAN
ONCE A YEAR."
Amendment carried unanimously.
Warner reported that Finance recommended approval of this item.
WARNER MOVED THIS ITEM BE ADOPTED.
Amended motion carried unanimously.
Jackson asked if elected officials are not proficient in the required areas of
financial expertise, what would happen. Van Zanten said they should designate others
who are.
Motion carried unanimously.
2. ORDINANCE REVISING CURRENT EXPENSE FUND, EXECUTIVE
OFFICE APPROPRIATION, FOR FINANCIAL MANAGEMENT
COMMITTEE PURPOSES (AB90 -95)
Warner reported Finance recommended adoption of this item.
WARNER MOVED THIS ITEM BE ADOPTED.
Minutes, 3/27/90, Page 6
Motion carried unanimously.
3. ORDINANCE REVISING THE CURRENT EXPENSE FUND, NON -
DEPARTMENTAL APPROPRIATION THEREIN FOR ANIMAL
CONTROL PURPOSES (AB90 -59)
Warner explained this item; which would increase the amount budgeted for
animal control. Finance committee recommended approval.
WARNER MOVED TO ADOPT THIS ORDINANCE.
Motion carried unanimously.
4. ORDINANCE REVISING THE 1990 PARKS AND RECREATION
FUND APPROPRIATION FOR STATE REIMBURSEMENT FOR
FLOOD DAMAGE (AB90 -96)
Warner reported Finance recommended adoption of this item.
WARNER MOVED THIS ITEM BE ADOPTED.
Motion carried unanimously.
5. ORDINANCE RE- ESTABLISHING THE DRUG TASK FORCE
FUND AND APPROPRIATION THEREFORE (AB90 -97)
Warner report that Finance recommended adoption of this ordinance.
WARNER MOVED THIS ITEM BE ADOPTED.
Jackson asked if this costs the County money; it was explained that part of the
officer's costs were borne by the County.
Motion carried unanimously.
6. ORDINANCE REVISING THE 1990 CURRENT EXPENSE FUND,
BUILDINGS AND CODE ADMINISTRATION BUDGET THEREIN
(AB90 -98)
Vanderpol asked to be excused as he had a relative involved in this issue.
Warner explained the extreme need for the addition because of the increased
building that is going on at this time. He stated that John Tyler of Buildings and
Codes had said he would be returning to ask for another person soon. Warner stated
that Finance had agreed that the second person should be considered at this time to
get the process in motion and get help as quickly as possible for this extremely busy
department.
WARNER MOVED TO ADOPT THE ORDINANCE.
Minutes, 3/27/90, Page 7
WARNER MOVED TO AMEND THE ORDINANCE BY ADDING A
PUBLIC SERVICE INSPECTOR I AND A LAND USE TECHNICIAN.
$64,775 would be the amount needed for the two additions including a car.
This would allow Buildings and Codes to start the lengthy hiring process for both
employees at once, Warner said.
Motion to amend carried 6 -0.
Motion to adopt amended ordinance carried with 6 -0 vote.
7. ORDINANCE AMENDING ZONING ORDINANCE TEXT,
MODIFYING SECTION 20.80.220 REGARDING REVERSAL OF
SETBACKS IN THE SHORELINE AREA (AB90 -99)
Laidlaw reported that Planning and Development committee recommended this
item be adopted.
LAIDLAW MOVED THIS ITEM BE ADOPTED.
Motion carried unanimously.
8. ORDINANCE AMENDING THE URBAN FRINGE
COMPREHENSIVE PLAN, CHANGING A 2.3 ACRE PARCEL AT
THE SOUTHWEST CORNER OF HANNEGAN ROAD AND EAST
BAKERVIEW FROM GENERAL MANUFACTURING TO
GENERAL COMMERCIAL (AB90 -100)
Laidlaw reported this has been through the Planning Commission and they
concur this would be appropriate.
LAIDLAW MOVED THIS ORDINANCE BE ADOPTED.
Motion carried unanimously.
9. ORDINANCE AMENDING COUNTY DEVELOPMENT STANDARDS
RELATING TO CLEARING OF FOREST LAND FOR A NON -
FORESTRY USE (AB90 -101)
Laidlaw said this has been through public hearings; it started with forest
practices and has gone on to clearing. This is meant as an interim measure to fill
the gap while the development standards are under review.
LAIDLAW MOVED PASSAGE OF THE CLEARING ORDINANCE
RELATED TO CLEARING OF FOREST LAND FOR A NON -
FORESTRY USE.
Discussion ensued. Laidlaw said Bob Moore had suggested some housekeeping
amendments. Laidlaw also said that this will be amended as the need arises; it will
Minutes, 3/27/90, Page S
be incorporated in the overall document that will be brought forward at a later date.
LAIDLAW MOVED TO AMEND THE ORDINANCE WITHOUT
SUBSTANTIAL CHANGES TO TEXT:
THAT A DEFINITION SHEET BE INCLUDED DEALING WITH TERMS
SUCH AS CONVERSION, NON - FORESTRY USE, LAND CLEARING, AND
OTHER SIMILAR TERMS TO THOSE IN THE DEVELOPMENT STANDARDS.
THAT IN EACH PLACE WHERE THE TEXT READS "...A CLEARING
PERMIT... ". THIS APPEARS THROUGHOUT THE TEXT IN VARIOUS
SECTIONS. CORRECT THE NUMBER OF THE WAC IN SECTION 3.101,
B.1. FROM 22 -16 -020 TO 222 -16 -020.
REFERENCE TO THE APPROPRIATE SECTION NUMBER SHOULD BE
CITED IN:
IN SECTION 3.101 - C.2 THE APPROPRIATE SECTION REFERENCE
NUMBER IS 3.301.
IN SECTION 3.101 - C.3 THE APPROPRIATE SECTION REFERENCE
NUMBER IS 3.001.
Motion to amend carried unanimously.
Imhof asked about the penalties and his concerns were explained by Laidlaw.
Motion adopting ordinance carried unanimously.
OTHER BUSINESS
1. DECISION ON HEARING EXAMINER'S RECOMMENDATION,
REQUEST OF BEACHWOOD RESORT TO REVISE MAJOR
DEVELOPMENT PERMIT NO. 1 -75 (AB90 -106)
Laidlaw explained this item.
LAIDLAW MOVED THE COUNCIL UPHOLD THE DECISION OF THE
HEARING EXAMINER.
Motion carried unanimously.
2. *RECEIPT OF PETITION TO VACATE ALDER STREET, FILED
BY KIEBURTZ AND CARROLL, ET. AL. (AB90 -107) (HEARING
TO BE SCHEDULED ON ENGINEER'S REPORT)
3. *RECEIPT OF PETITION TO VACATE A PORTION OF 5TH
STREET, 6TH STREET AND GENEVA AVE., FILED BY EUGENE
ALTMAN (AB90 -108) (HEARING TO BE SCHEDULED ON
ENGINEER'S REPORT)
Items 2 and 3 were received by consent.
Minutes, 3/27/90, Page 9
INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *Consent Items)
1. RESOLUTION SETTING A DATE FOR HEARING TO DECLARE
COUNTY -OWNED WATER TRANSMISSION LINE SURPLUS
PURSUANT TO RCW 39.33.020 (AB90 -109)
Warner reported Finance recommended this be approved.
WARNER MOVED THIS BE APPROVED.
Motion carried unanimously.
2. RESOLUTION AUTHORIZING THE EXECUTIVE TO ENTER
INTO A CONTRACTUAL AGREEMENT BY AND BETWEEN THE
COUNTY AND KAPLAN, MCLAUGHLIN, DIAZ ARCHITECTS
AND PLANNERS FOR THE ... APPROXIMATELY 60,000 SQUARE
FOOT ADDITION TO THE COUNTY COURTHOUSE (AB90 -110)
Warner explained this item as reviewed by Finance.
WARNER MOVED THIS ITEM BE APPROVED.
Jackson asked if Council permission would be needed for additional expendi-
tures beyond what is listed. Tyler explained that there is a cost plus 15 percent
contingency built into this. Jackson said she would prefer either the Council Finance
or Capital Projects committees be consulted if there was danger of going over budget.
Rushing said that in administering an on -going project of this magnitude
changes need to be decided on the spot. If he goes over the budget he would have
to come back to the Council and Finance Committee at that point. Imhof said he
agreed that decisions needed to be made quickly in construction. Rushing said he
had to work within a budget but needs to have flexibility. He said there is a five
percent contingency built into the budget. Warner said a nice summary of the plan is
on page 114.
Motion carried unanimously.
3. RESOLUTION AUTHORIZING THE PROSECUTING ATTORNEY'S
OFFICE TO SEEK A PETITION IN SUPERIOR COURT TO
AUTHORIZE THE TRANSFER OF PUBLIC -OWNED PROPERTY
FOR PRIVATE -OWNED PROPERTY OF EQUAL PROPERTY
VALUE (AB90 -111)
Warner said Trillium had donated land for a juvenile detention center but
since
it was not used for this purpose they would like to trade that piece of land for a
similar sized tract in the area.
WARNER MOVED APPROVAL OF THIS ITEM.
Minutes, 3/27/90, Page 10
Motion carried unanimously.
4. RESOLUTION DECLARING EQUIPMENT SURPLUS AND
SELLING IT TO ANOTHER GOVERNMENTAL ENTITY
PURSUANT TO RCW 36.34.02 (AB90 -112)
Warner reported Finance recomended approval of this issue.
WARNER MOVED APPROVAL OF THIS ITEM.
Motion carried unanimously.
5. *ORDINANCE AMENDING THE NO- SHOOTING ZONE TO ADD
TO THE AREA IN THE SAMISH WAY, YEW STREET AND
GALBRAITH AREAS (AB90 -113) (HEARING TO BE SCHEDULED
FOR 4/24) (PUBLIC SERVICES)
6. *ORDINANCE ESTABLISHING VOTING PRECINCTS (AB90 -114)
(PUB. SVCS.)
7. *ORDINANCE PROVIDING FOR ISSUANCE AND SALE OF
LINIITED TAX GENERAL OBLIGATION BOND ANTICIPATION
NOTES ... (FOR) $4,800,000, TO PROVIDE INTERIM FINANCING
FOR CONSTRUCTION OF CERTAIN COUNTY FACILITIES ...
(AB90 -115) (FINANCE)
8. *ORDINANCE AMENDING ORDINANCE NO. 87 -69, WITH
RESPECT TO THE PAYMENT OF INSTALLMENTS OF
ASSESSMENTS IN LOCAL AND ROAD IMPROVEMENT DISTRICT
NO. 9 (AB90 -116) (FINANCE)
9. *ORDINANCE REVISING THE NAME AND PURPOSE OF THE
JUVENILE FACILITY RESERVE FUND (AB90 -117) (FINANCE)
Items 5 through 9 received and will be assigned to the appropriate committee.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Bakerview rezone: Hansey said the Council had unanimously voted at the last
meeting to have the Planning Commission deal with Bakerview rezone separately from
the Urban Fringe study so it could be done quickly. He stated that the traffic is
becoming unbearable and there is a safety problem.
Planning Commission Chairman Emil Baijot sent a memo to Council saying the
Planning Department indicated they could deal with this area by fall but the Planning
Commission said it preferred to do the Bakerview area with the whole urban fringe
area. Hansey suggested Council reply to the Planning Commission, asking if it can
reconsider the Council's request; or Council could forward to the Planning
Commission a notice of rezone and if it doesn't have a public hearing and respond in
90 days, the rezone would come back to the Council to hold its own hearing.
Minutes, 3/27/90, Page 11
JACKSON MOVED TO HAVE A COMMITTEE OF THE WHOLE
MEETING WITH THE PLANNING COMMISSION TO DISCUSS SCHEDULING
OF THE PLANNING DEPARTMENT'S ACTIVITIES.
Warner said he would vote against the motion; he would prefer the 90 day
option. Laidlaw stated she would prefer it be returned to the Planning Commission
to put it on as soon as possible for review as an early part of the Urban Fringe
study.
Planning Department could not be ready until fall at any rate, said Taylor, but
it could be put on the Planning Commission agenda in July at the earliest. This will
require an extra E.I.S. if dealt with separately from the whole urban fringe study.
Motion failed 1 -6 with Jackson voting for the motion.
LAIDLAW MOVED THE COUNCIL RESPOND TO THE PLANNING
COMMISSION AND INDICATE ITS INTEREST IN HAVING THE BAKERVIEW
AREA CONSIDERED FOR APPROPRIATE REZONE DONE AS EARLY AS
POSSIBLE.
Motion carried unanimously.
Suggestion Box: Warner mentioned the suggestion box responses. Jackson said
there were administrative ramifications and the suggestions should be discussed with
the Executive. It was recommended the suggestions go to the appropriate committees
to review then on to the Executive. Jackson said the Council needs to acknowledge
the letters from the authors of the suggestions. Warner discussed the need for an
incentive program.
Affordable Housing: Laidlaw said she and Imhof had passed on some housing
grant information on to Opportunity council about affordable housing. Opportunity
Council passed this along to to Northwest Youth Services, YWCA, Lydia House,
Agape House and WomenCare; these groups jointly have submitted a RFP for the
full amount of the grant which is $75,000. If the groups receive this grant the funds
would go for re- wiring costs, utilities and new heating systems.
Transit: Laidlaw said WTA hired a new General Manager named Martin
Minkoff from Austin, Texas.
Shorelines Citizens' Advisory Committee: Planning commission has appointed
Bob Funkhouser and Dave Ernst to the Citizens Advisory Committee; the committee
is very enthusiastic and is working hard on the Shorelines issues.
The meeting adjourned at 9:51 p.m.
WHATCOM COUNTY COUNCIL
ATTEST: - -WHATCOM CONY. WASHINGTON
Maher,