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HomeMy WebLinkAboutCounty Council October 19 1989WHATCOM COUNTY COUNCIL October 19, 1989 The meeting was called to order at 7 p.m. by Council Chairman Don Hansey in the Council Chambers. Other Council Members Present: Absent: Tom Burton Emily Jackson (arrived late) Corky Johnson Will Roehl Dan Warner Mary Vanderpol EXECUTIVE ITEMS 1. REQUEST FOR APPROVAL OF BIDDERS LIST FOR THE SUPPLY OF TRUCK TIRES AND SERVICE, FIRM PRICES FOR THE PERIOD 11/1/89 TO 10/31/90 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 2. BID AWARD RECOMMENDATION FOR RID 10, CONSTRUCTION OF HORTON ROAD INFRASTRUCTURE FROM THE WESTERLY BOUNDARIES OF CORDATA PARK TO THE EASTERLY BOUN- DARIES OF THE GUIDE MERIDIAN (NOTE: BIDS TO BE OPENED ON 10/18, SO PAPER WORK WILL BE AVAILABLE ON 10/19, AND THIS WILL BE CONSIDERED AT A SPECIAL CONTINUATION OF THE FINANCE COMMITTEE MEETING SCHEDULED FOR 5:45 P.M. THAT SAME DAY) Executive Shirley Van Zanten said half of the project is being paid for by Trillium, half by Whatcom County. She said the road will provide better access to Whatcom County residents. Warner reported that after meeting in a special meeting earlier in the day, Finance recommended approval of this item. Wilder Construction's bud was $1,200 less than the Engineering estimate. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 3. BID AWARD RECOMMENDATION FOR THE SUPPLY OF TRAFFIC CONTROL SIGNS TO THE LOW BIDDER, ZUMAR INDUSTRIES, Minutes, 10/19/89, Page 2 FOR A TOTAL SIX -MONTH ESTIMATED EXPENDITURE OF $18,217, PLUS TAX Van Zanten said Zumar Ind. submitted the lowest of two bids. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 4. REQUEST FOR AUTHORIZATION TO ENTER INTO A CONTRACT WITH ZERVAS GROUP ARCHITECTS FOR WORK ON THE REMODELLING OF THE BELLINGHAM SENIOR CENTER The Park Board had recommended approval of this item. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 5. RECONSIDERATION OF INTERLOCAL AGREEMENT ESTABLISH- ING A MENTAL HEALTH REGIONAL SUPPORT NETWORK FOR ISLAND, SAN JUAN, SKAGIT, SNOHOMISH AND WHATCOM COUNTIES Van Zanten said two problems had arisen with this agreement. First a change in the mission statement was requested, and now a further difficulty has come up. Vanderpol said the original agreement indicated counties would care for their own local service agencies, such as Catholic Community Services, and by 1992 or 1993 perhaps the Region would take on these community services, as well. However, now it seems it the Region is to be formed, these local services must be committed to it right away. Vanderpol said he still thought the services would not actually completely be taken over by the region for several years. Vanderpol said state funds would not be available if the Council did not adopt this amendment. Peggy Ball, Combined Treatment Services Director, explained some of the reasons for the amendment. Vanderpol said the amendment to the mission statement would be adding the words, "community resources." Discussion ensued. VANDERPOL MOVED TO AMEND THE MISSION STATEMENT TO INCLUDE THE WORDS "COMMUNITY RESOURCES." Johnson said he doesn't like the idea of regionalization, and that he would vote against the motion on principle. Motion carried. Minutes, 10/19/89, Page 3 5A. REQUEST FOR APPROVAL OF CONTRACT Van Zanten brought this item forward without requesting that it be placed on the agenda or the addendum. She said Anne Larson Casey would be hired as a planner to help the Region get organized. The contract would run from October 9 to February 22, 1990, in an amount not to exceed $14,500. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 7. PRESENTATION OF THE PROPOSED 1990 BUDGET Van Zanten read her budget message (on file: BUDGET). The largest budget ever put forth, at $66,705,290, could be attributed to increased revenues primarily from the Auditor, sales tax, and Buildings and Codes, Van Zanten said. The Executive's proposed budget included a six percent increase in the workforce. 6. REQUEST FOR APPROVAL OF A FORMULA TO SET CONTRACT AMOUNT FOR HEALTH DEPARTMENT SERVICES TO THE CITIES IN WHATCOM COUNTY Without a data system or set of records in the Health Department, Van Zanten said it was difficult to set a formula for contributions. She said she will send a letter to the mayor of each city, requesting they contribute the same percentage of the budget as they did last year. Warner said Finance reviewed the formula and it appeared to be reasonable. He said increases to the Health Department budget should bring the department into the 1990s. Discussion ensued. 8. EXECUTIVE'S REPORT Lummi Island Grant: Planning Director Dan Taylor and his staff were commended for their work which led to the award of a groundwater study grant for Lummi Island and the Lynden, Everson, Nooksack, Sumas area. Stewart Mountain: Harper and Owes reviewed the questions sent them by the Council (9/21), and defined the location and size of the proposed site. The scoping period was extended to November 8, Van Zanten said. She read some comments from a letter from Harper and Owes, but did not leave the letter with the Council. Some of the comments included: The questions were good, but could have been raised about any site; if it turns out any site meets any of the fatal flaw criteria, it will be withdrawn; the acquifer below Stewart Mountain is not designated as a sole - source acquifer by the federal Environmental Protection Agency; some slopes exceed 30 percent in some places, but the landfill could be located in an area with lesser slope; this site should not be Minutes, 10/19/89, Page 4 eliminated due to fatal flaws; land value impacts and precipitation in the area, among other questions raised, require more evaluation. Van Zanten requested that the Council wait for the end of the scoping process, review the comments submitted, then as soon as possible the contract will be brought to the Council along with a recommendation for how to proceed. Jackson asked if the proposed site had been "staked" so citizens could easily find the boundaries. Van Zanten said no, but that the Solid Waste Division has a detailed map of the area. Jackson said the Division did not have one when she asked earlier in the day. She requested a map with a legal description of the boundaries. Van Zanten said that could be arranged, if Jackson wanted to request it. There was more discussion. OPEN SESSION Bernice Miller Mount Baker Highway Lives at the foot of Stewart Mountain. She has tried to get a press release about the Stewart Mountain that the Executive said was released October 11, but has been unsuccessful. She said she wondered where the release had been sent. She asked that someone more knowledgable than Harper and Owes study the location. Syd Wallace 528 S. Birch Road, Point Roberts Much of the information given to Council members about the Gulf View golf course proposal is colored. People from Canada are permitted to give information at public hearings, which is not fair. Asked Council to reconsider the golf course and have a public hearing. Ken Hertz Exec. Vice -Pres. of Trillium He thanked the Council for its help with Cordata and Trillium's other projects. He said Trillium is part of the problem when it comes to traffic and the environment, but is part of the solution when it comes to jobs and growth. Shelly Damewood Point Roberts Spoke about the proposed golf course, Gulf View. Protection for the heronry set by the County is arbitrary, she said. Wayne Kykowski Citizens for Bellingham Portwatch Formally requested the Council to have a hearing on the proposed expansion of the Bellingham airport. He discussed issues such as noise abatement, moving the airport and the results of a public opinion poll on the airport (all included in a letter to the Council, on file: PORT). Hansey said most of the items were administrative in nature and thus were forwarded to the Executive. Noise abatement legislation has been attempted, but was Minutes, 10/19/89, Page 5 unsuccessful in the past. Tom Bradbury Gulf View Drive He works for the proposed developer. The buffer imposed by the County will reduce the course from a Semiahmoo -type to a Riverside or Grandview -type. Public hearing testimony before the Hearings Examiner was presented by special interest groups, non - property owners. He was disappointed with the Hearing Examiner's findings. He said the developer's attorney, Phil Serka, and the president of the corporation are present. Arlene Sanders No address Complained about noise put out by CANFOR mill. She has complained to Buildings and Codes and the Council. John Tyler said his hands are tied because be feels the guidelines are not clear. Dan Taylor and Emily Jackson have visited the site, Roehl and Warner also are aware of the problem, she said. She and her husband wear earplugs to bed in order to sleep, and they live a mile from the mill, which operates in 18 to 24 -hour a day shifts. Now CANFOR is planning to expand. Warner said the Executive has been alerted to Sanders' complaint, and he has asked her what sort of bonfire the Council should light under the Administration to get action. Jim Engles District 3 Complained about signs posted along Slater Road, in the county right -of -way, by private individuals. He said they are tacky and possibly dangerous to motorists. The signs violate county codes, he said. Haney said the Council makes the codes, but does not enforce them. He said the Administration would be alerted to the problem. Art Hyatt 2318 North Shore Drive He asked how many residents are allowed under the Lake Whatcom Subarea plan, noting that he is concerned because water quality depends on population density. Last year Water District 10 granted 87 hookups, this year 112, and next year is committed to 1,000. Down - zoning should be considered for the watershed area. Haney closed open session and recessed the meeting from 8:50 p.m. to 9:02 p.m. Burton asked if the Council could talk about Gulf View golf course. He asked Chief Civil Deputy Prosecutor Randy Watts if the Council could take another look at its decision. Watts said the decision had not been prepared or signed, so the Council could make a motion to reconsider its decision. Minutes, 10/19/89, Page 6 BURTON MOVED TO RECONSIDER THE COUNCIL'S ACTION OF THE OCTOBER 5 MEETING REGARDING GULF VIEW PROPERTIES. Johnson asked if the motion brings back the whole major development permit, or just a portion of it. Hansey said it brings the whole matter before the Council. Jackson asked if the Council would still have three options: Setting its own public hearing, making a final decision, or sending it to the Planning Commission for more public hearings. Haney said yes. Motion carried. BURTON MOVED TO CHANGE CONDITION NUMBER 8, REDUCING THE BUFFER FROM 200 METERS TO 150 METERS. Burton said he didn't think any Council members had reviewed the conditional use pemrit record very thoroughly before making the decision October 2. Having reviewed the material and the environmental impact statement, he said he changed his mind. Discussion ensued. Roehl said he would vote against Burton's motion because he didn't think it would be appropriate for the Council to substitute its judgment for the Hearing Examiner's judgment. He said the Council should study the information more thorougly before making a decision. Warner agreed with Roehl, and said the importance of a world -class golf course should be weighed carefully against the destruction of the heron' habitat. Jackson agreed with Roehl and Warner, suggesting that the Planning Commission should review this and report back to the Council. Vanderpol discussed both sides of the issue, then suggested that the matter be tabled for two weeks. There was more discussion. JACKSON MOVED THAT THE MOTION BE TABLED UNTIL THE COUNCIL HAS A CHANCE TO TALK WITH THE HEARING EXAMINER. Haney noted that a motion to table takes precedent, and that it was not debatable. Jackson clarified that the motion should be tabled until the next meeting. Motion carried. There was more discussion, and Roehl said he planned to further review the information in the Hearing Examiner's record. BURTON MOVED TO COMPLETELY DELETE CONDITION NUMBER 14. Burton said he made a similar motion at the last Council meeting, only to have the condition softened so the developer would bear less of the cost for road improve- ments in the area. He said gas station and grocery owners are more to blame for traffic problems at the Point Roberts border than any golf course would be. Roehl said he Minutes, 10/ 19/89, Page 7 supported Burton, because it wouldn't be fair to impose a restriction on one developer than has not been imposed on others. Jackson and Vanderpol agreed. JACKSON MOVED TO POSTPONE FURTHER CONSIDERATION OF THE MOTION UNTIL THE NEXT COUNCIL MEETING. After some discussion, motion failed. Motion to delete condition 14 carried. HEARINGS AND FINAL CONSIDERATION 1. REQUEST TO VACATE A PLATTED COUNTY ROAD KNOWN AS DIVISION STREET LYING BETWEEN ALLAN'S ROAD & CORDATA PARKWAY, AKA WOODS ROAD, FILED BY WHATCOM COM- MUNITY COLLEGE (CONTINUED FROM 9/21 AND 1015 MEET- INGS) (SEE NOTE OF EXPLANATION IN COUNCIL PACKET) Hansey opened the hearing. Harold Heiner, president of Whatcom Community College, urged the Council to support the vacation. There was discussion. Burton asked Engineering representatives to address the proposed vacation. The hearing was closed. Nassar Mansour, Engineer, said the estimated cost of the property ($1.50 per square foot) was not a professional appraisal. The request now before the Council is an amended version of the petition, requesting about half the land originally requested. He said a new public hearing would not be necessary. JOHNSON MOVED TO APPROVE THE AMENDED PETITION FOR VACATION OF DIVISION STREET WITH THE PROVISION THAT THE COLT LEGE PAY $21,000 FOR THE 14,524 SQUARE FEET. Motion carried. 2. RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 22 The hearing was opened. No one testified and the hearing was closed. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. Minutes, 10/19/89, Page 8 FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. ORDINANCE IN THE MATTER OF RE- ADOPTION OF THE LAKE WHATCOM SUBAREA COMP. PLAN DESIGNATIONS AND TITLE 20 ZONING DISTRICTS FOR THE URBAN DESIGNATIONS AND ZONES IN THE SUBAREA, UPDATING THE ZONING MAP DESIGNATION AND CLARIFYING THE ZONING MAP, THE DENSITY LIMITATIONS AND TRANSFER OPPORTUNITIES IN THE URBAN RESIDENTIAL MEDIUM DENSITY ZONE DISTRICT, AND MODIFYING WCC 20.22.252 TO MORE CLEARLY REFLECT THE DENSITY RESTRICTIONS IN THE URBAN RESIDENTIAL MEDIUM DENSITY DISTRICT Roehl said the Planning and Development Committee reviewed the ordinance and recommended approval. ROEHL MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried. OTHER BUSINESS 1. CONSIDERATION OF MEETING SCHEDULE FOR REVIEW AND DISCUSSION OF THE 1990 BUDGET JOHNSON MOVED THAT THE BUDGET MEETING SCHEDULE BE APPROVED. Motion carried. Jackson encouraged Council members to attend the Finance work sessions. 2. DECISION ON A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT AND SHORELINE VARIANCE APPLICATIONS, AND PRELIMINARY PLAT APPROVAL FOR "SOUTH CAPE" (HEARING EXAMINER RECOMMENDATION RECEIVED 10/9; CHOICES FOR MAKING A DECISION ARE IN THE PACKET) WARNER MOVED THAT THIS MATTER BE SENT TO THE PLANNING COMMISSION FOR FURTHER REVIEW. Burton said the Commission has too much work to do already. He suggested that the Council have its own public hearing and ask questions of the Hearing Examiner. There was discussion. BURTON MOVED TO SCHEDULE THIS MATTER FOR PUBLIC HEARING. Minutes, 10/19/89, Page 9 There was discussion. Warner withdrew his motion. Burton's motion carried. 3. DECISION ON APPEAL OF THE PRELIMINARY PLAT APPLICATION FOR CHUCKANUT TRAIL ESTATES (INFO ON FILE IN COUNCIL OFFICE) ROEHL MOVED TO UPHOLD THE HEARING EXAMINER'S DECISION. Warner spoke against the motion. The Council has determined that cluster developments are preferred, but if the Hearing Examiner is upheld dwellings will be scattered in a large area. If the Hearing Examiner is overturned, due to an error in interpretation of the law, cluster development will occur. Vanderpol agreed with Warner, and there was more discussion among Johnson, Roehl and Vanderpol. Motion to uphold the Hearing Examiner's decision failed. WARNER MOVED TO OVERTURN THE HEARING EXAMINER: THE HEARING EXAMINER MADE AN ERROR IN INTERPRETATION OF LAW BY RULING THAT THREE ADDITIONAL CLUSTER UNITS MAY NOT BE AS- SOCIATED WITH THE LARGER OPEN SPACE. HOWEVER, THE OWNERS OF THREE PREVIOUSLY EXISTING CLUSTER UNITS SHOULD CONSENT PRIOR TO APPROVAL. Hansey asked Watts and Warner to include this motion in the findings of fact on behalf of the Council. There was discussion among Roehl, Warner, and Vanderpol. Motion carried. 4. *RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON CONDITIONAL USE 38-88 AND BINDING SITE PLAN 6 -88, BAKER MOUNTAIN RV PARK (FILED BY MICHAEL J. HEAD, ET. AL.) (ON FILE, PENDING RECEIPT OF TRANSCRIPT) 5. *RECEIPT OF PETITION FOR VACATION OF JUNE ROAD, FILED BY DORFFELD AND LIRHUS (HEARING ON ENGINEER'S REPORT TO BE SCHEDULED) Items 4 and 5 were received by consent and referred to the appropriate committees. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 1. *ORDINANCE ESTABLISHING THE WHATCOM COUNTY DRUG Minutes, 10/19/89, Page 10 FUND Item 1 was introduced by consent and referred to the appropriate committee. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Portage Island: Roehl said he would like the Council to ask the Prosecutor's Office to send a letter to the Lummi Tribe and the state Interagency for Outdoor Recreation on this subject. Hansey said there seemed to be consensus that this be done, and asked for a report at the next Council meeting. Solid Waste Bill: Jackson asked Watts to review the new solid waste bill (amending RCW 70.95) and report back to the Council before it makes a decision on the landfill variance. She said there still is potential for conflict when the County Council reviews the landfill permit. She asked for a report at the November 2 meeting. Transit Authority: Johnson noted he had received a letter complaining about transit service, and asked if other Council members had received it. They said they had. The meeting was adjourned at 10:10 p.m. ATTEST: Ramona Reeves, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY. WASHINGTON