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Home My WebLink AboutCounty Council May 15 1986WHATCOM COUNTY COUNCIL Minutes -- May 15, 1986 The Whatcom County Council meeting was called to order by Chairman Hansey at 7;05 p.m., in the meeting hall of the Birch Bay Water District Office. Council members present were Burton, Hawley, Johnson, and Warner. MINUTES The minutes of the meeting of May 1, 1986, and of the special meeting of May 8, 1986, were approved as written. EXECUTIVE ITEMS BID AWARD - ASPHALT OR COBBLESTONE TO TRADE FOR SCREENING TO FERNDALE READY MIX AT AN ESTIMATED VALUE OF 371500 BID AWARD - SEAL ROCK FOR ROAD MAINTENANCE IN THE DEMING/ ACME VALLEY AREA TO WILDER CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF 63,962.50, INCLUDING TAX, PENDING SATISFACTORY WASHINGTON DEPARTMENT OF TRANSPORTATION BID AWARD - ASPHALT EMULSION TO BOTH CHEVRON, U.S.A., INC. -- ASPHALT DIVISION AND CHEVRON ASPHALT LIMITED Shirley Van Zanten explained the three proposed bid awards. Warner reported that the Finance Committee had recommended approval of the bid awards. WARNER MOVED THAT THE COUNCIL ACCEPT ALL THREE BID AWARDS AS PRESENTED. Johnson asked why the County was proposing to purchase seal rock when it had the machinery available to manufacture this product. Van Zanten said she would investigate this question. WARNER WITHDREW THAT PART OF HIS MOTION WHICH INCLUDED THE BID AWARD FOR SEAL ROCK TO WILDER CONSTRUCTION. The motion to approve the bid awards to Ferndale Ready Mix and Chevron U.S.A. /Chevron Asphalt Limited carried. REPORT OF THE EXECUTIVE Van Zanten presented to the Council her First Quarter Financial Report for 1986. Whatcom County Council Minutes May 15, 1986 Page 2 OPEN SESSION Patricia Allesse Welcomed the Council and thanked 9865 Harvey Road them for holding the meeting at Blaine Birch Bay. Don Montfort Expressed concern regarding possible 8323 Harborview Rd, state route to service Birch Bay Blaine State Park, and the determination of right -of -way on Birch Bay Drive. Van Zanten explained that, in order to provide state highway service to Birch Bay State Park, the State Highway Department was proposing to extend the state highway system off the interstate to the park. The Highway Department has agreed to hold a public meeting at Birch Bay in May or June to discuss this proposal. Chuck Stirling 8316 Fawn Crescent Blaine Jerry Grable 7806 Birch Bay Dr. Blaine Donovan Kehrer of Buildin find out whether a permit to relay that information Extended thanks to the Council and County Executive for the roadside improvements along Birch Bay Drive. Expressed concern about stagnation in Terrell Creek, and asked when the creek was scheduled to be dredged. Codes and Administration volunteered to had been issued for dredging the creek, and to Mr. Grable. MUENSCHER JOINED THE MEETING AT 7:30 p.m. Robert Tull, Attorney Discussed zoning problems encountered Langabeer, Tull, and Cuillier by the Evangelical Free Church, and Bellingham requested that the Council consider amendments to two sections of the Whatcom County Code. Bill Trimm of the Planning staff expressed reservations about the suggested Code changes. The issue was referred to the Planning and Development Committee. Barbara Ford Expressed concern regarding the possible 2901 Cottonwood resumption of hazardous waste burning Bellingham by Columbia Cement Plant. Presented written data to the Council concerning this issue, and urged the Council to investigate any legal jurisdiction they may have over issuance of the permit, and to exert political pressure against the granting of the permit. ROEHL JOINED THE MEETING AT 7:43 p.m. Whatcom County Council Minutes May 15, 1986 Page 3 Jeff Margolis Also expressed concern regarding 5465 Potter Road hazardous waste burning at Columbia Deming Cement. Presented letter requesting that Council require registration with County Dept. of Emergency Services by any businesses which institute the use of hazardous waste, and also require that information concerning any emergency response involving hazardous waste be made available to the public and media. Pat Stevenson Also expressed concern regarding 1210 E. Maplewood hazardous waste burning at Columbia Bellingham Cement, and requested that Council consider relocating or shutting down that project. The issue involving the Columbia Cement Plant hazardous waste burning was referred to the Public Services Committee. FINAL CONSIDERATION OF ORDINANCES ORDINANCE TO REVISE THE 1986 MENTAL HEALTH FUND BUDGET Roehl reported that the Finance Committee had reviewed the ordinance and recommended adoption. ROEHL MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. ORDINANCE AMENDING THE EROTIC DANCE STUDIO ORDINANCE NO. 85 -11 Johnson reported that the Public Service Committee had reviewed the ordinance and recommended adoption. JOHNSON MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. ORDINANCE ESTABLISHING A NEW SECTION TO WHATCOM COUNTY CODE 3.1_2 REGARDING MANDATORY PUBLIC DISCLOSURE OF COUNTY SETTLEMENTS OF T,AWRTTTTR ROEHL MOVED TO SUBSTITUTE ANOTHER ORDINANCE FOR THE ONE CON- TAINED IN THE ORIGINAL PACKET, AND ADOPT THE ORDINANCE. Roehl reported that the Committee of the Whole had recommended passage of the ordinance, with the amendment that the County shall not be required to disclose payments made by third parties in settle- ment of their own claims. Whatcom County Council Minutes May 15, 1986 Page 4 There was further discussion concerning the ordinance. The motion carried 6 -1 (Burton). OTHER BUSINESS NOMINATIONS /APPOINTMENT TO THE BOARD OF EQUALIZATION JOHNSON NOMINATED CHESTER M. SPEZIALE TO THE BOARD OF EQUALIZATION. Hansey spoke in favor of the nomination. The nomination was approved. NOMINATIONSIAPPOINTMENT TO LAKE WHATCOM WATERSHED ADVISORY COMMITTEE BURTON NOMINATED ROBERT G. CHOWN TO THE LAKE WHATCOM WATERSHED ADVISORY COMMITTEE. The nomination was approved. CONSIDERATION OF THE HEARING EXAMINER RECOMMENDATIONS REGARDING THE PLANNED UNIT DEVELOPMENT APPLICATION OF TRILLIUM CORPORATION FOR " CORDATA BUSINESS PARK" Van Zanten distributed copies of her memo to the Council con- cerning changes to the hearing examiner's decisions, which had been arrived at during negotiations during the previous week. The Council had also received reports from Public Works and Planning staff con- cerning negotiations between the Trillium Corporation and the County, and the amendments which were agreed upon. MUENSCHER MOVED TO APPROVE THE P.U.D. APPLICATION OF THE TRILLIUM CORPORATION FOR A MIXED USE BUSINESS PARK KNOWN AS CORDATA, AND FINAL P.U.D. APPROVAL FOR PHASE 1 -A AS RECOMMENDED BY THE HEARING EXAMINER, DIRECTOR OF PLANNING, DIRECTOR OF PUBLIC WORKS, AND THE TRILLIUM COR- PORATION. INITIAL P.U.D. APPROVAL INCLUDED THE FOLLOWING DOCUMENTS: 1) P.U.D. DEVELOPMENT MASTER PLAN: 2) DESIGN AND DEVELOPMENT GUIDELINES: 3) PROTECTIVE COVENANTS; 4) DESIGN REVIEW PROCEDURES; 5) LANDSCAPE GUIDELINES; 6) SIGNAGE GUIDELINES; 7) ALTERNATE PLAN DRAWING NO. 2 -A, "INSTITUTIONAL ZONE." There was discussion concerning various aspects of the negotiated changes. ROEHL MOVED TO AMEND THE MOTION TO INCLUDE ON PAGE 6, 23A, OF THE DOCUMENT ENTITLED "CHANGES TO THE CONDITIONS RECOMMENDED BY THE HEARING EXAMINER ON CORDATA P.U.D. - VI. RECOMMENDED DECISION" THE PHRASE "AND BETWEEN THE EAST BOUNDARY OF THE PROPERTY AND THE GUIDE MERIDIAN." Whatcom County Council Minutes May 15, 1986 Page 5 The effect of the motion was to change number 23A to read: "Kline Road between the west boundary of the project and Aldrich Road, and between the east boundary of the property and the Guide Meridian. This facility shall be a major collector." The motion to amend carried. There was further discussion. ROEHL MOVED TO AMEND THE MOTION TO STRIKE, ON PAGE 9, NUMBER 39, OF THE DOCUMENT ENTITLED "CHANGES TO THE CONDITIONS RECOMMENDED BY THE HEARING EXAMINER ON CORDATA P.U.D. - VI. RECOMMENDED DECISION" THE WORDS " CORDATA REACHES 100% BUILDOUT OR UNTIL ". The effect of Roehl's motion was to change the final sentence of number 39 to read: "The covenants shall remain in effect until Ced��- e�skee- 199- b1de -e -u }� termination is approved by Whatcom County." The motion to amend carried. There was further discussion. The motion carried. CORRESPONDENCE REGARDING AN EXTENSION OF TIME FOR A MAJOR_ DEVELOPMENT PERMIT (1-76), TOMYHOI ASSOCIATES, INC. The correspondence from Tomyhoi Associates, Inc., was accepted by consent and referred to the Planning and Development Committee. APPLICATIONS FOR OPEN SPACE FILED BY CARL F. AND KATHRYN V. BATCHELOR AND JOHN AND DEBRA FREY The applications for open space were accepted by consent and referred to the Planning Commission. INTRODUCTION OF RESOLUTIONS AND ORDINANCES RESOLUTION OF INTENT IN THE MATTER OF THE ABANDONMENT OF A PORTION OF GALBRAITH LANE Johnson reported that the Public Services Committee had reviewed and recommended approval of the resolution. JOHNSON MOVED THAT THE RESOLUTION BE INTRODUCED AND APPROVED. The motion carried. Whatcom County Council Minutes May 15, 1986 Page 6 RESOLUTION AUTHORIZING THE SALE OF A DAMAGED SHERIFF'S VEHICLE AS SURPLUS PROPERTY Roehl reported that the Finance Committee had reviewed and recommended approval of the resolution. ROEHL MOVED THAT THE RESOLUTION BE INTRODUCED AND ADOPTED. The motion carried. RESOLUTION ESTABLISHING PROCEDURES FOR HANDLING LEAVE DUE TO EMERGENCIES Roehl reported that the Finance Committee had reviewed and recommended approval of the resolution. ROEHL MOVED THAT THE RESOLUTION BE INTRODUCED AND ADOPTED. The motion carried. ORDINANCE EXTENDING THE INTERIM ZONING ORDINANCE, CHAPTER 2.24 OF THE WHATCOM COUNTY CODE, UNTIL JULY 15, 1988 The ordinance was introduced by consent and referred to the Planning and Development Committee. RESOLUTION APPROVING HEARING EXAMINER'S RULES ORDINANCE AMENDING THE URBAN FRINGE SUBAREA COMPREHENSIVE PLAN MAP AND TEXT FOR A PORTION OF THE SOUTHEAST QUADRANT OF THE INTERSECTION OF SMITH ROAD AND THE GUIDE MERIDIAN, BOTH SITUATED N WHATCOM COUNTY ORDINANCE AMENDING TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, FOR A PORTION OF THE SOUTHEAST QUADRANT OF THE INTER- SECTION OF SMITH ROAD AND THE GUIDE MERIDIAN IN THE URBAN FRINGE SUBAREA. SITUATED IN WHATCOM COUNTY ORDINANCE AMENDING THE 1970 WHATCOM COUNTY COMPREHENSIVE PLAN TEXT AND MAP FOR THE GEOGRAPHIC AREA KNOWN AS THE LYNDEN- NOOKSACK VALLEY SUBAREA, SITUATED IN WHATCOM COUNTY ORDINANCE ADOPTING AND AMENDING TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, FOR THE GEOGRAPHIC AREA KNOWN AS THE LYNDEN- NOOKSACK VALLEY SUBAREA. SITUATED IN WHATCOM COUNTY The above resolution and ordinances were introduced by consent and referred to the Committee of the Whole. Whatcom County Council Minutes May i5, 1-986 Page THE 1986 F SHARED REVENUE FUND ORDINflI±ICEO :REVISE THE 1986 COUNTY PARKS FUND BUDGET ORI?-INMM TO REVISE THE 1986 CONVENTION CENTER FUND BUDGET 21!bINATCE.,;TQ_REVISE THE 1986 CURRENT EXPENSE FUND, SHERIFF'S fivnva- O) Inumg3L+TO ISE THE 1986 CURRENT EXPENSE FUND, PUBLIC THE 1986 CURRENT EXPENSE FUND. CLERK'S The above ordinances were introduced by consent and referred to the,Finance Committee. A=NNOUNCEMENT HAnsey announced that a special meeting of the Whatcom County Council would be held May 22 at 7 :00 p.m. at the County Courthouse. The meeting was adjourned at 9:05 p.m. WHATCOM COUNTY CQU X4A�COM COUNTY, I PJ ald G,/ HOfiseyl Chair ATTEST: Id x 111:�±2 "k qgt!n-- Carol Ebergson Clerk of the Council