. WHATCOM COUNTY COUNCIL Regular Meeting. May 26, 1992

Transcription

1 WHATCOM COUNTY COUNCIL Regular Meeting May 2, '.'" 4 The meeting was called to order in the Council Chambers, 1000 N. Forest St., 2nd 5 floor, by Chairman Dan Warner. Present Absent 7 Barbara Brenner None 8 Larry Harris 9 Ken Henderson 10 Bob Imhof 11 Marge Laidlaw 12 Dennis Vander Yacht 13 READING AND APPROVAL OF MINUTES 14 The minutes of the March 24, April 28, May 5 and 12 meetings were accepted as 15 presented with several scrivener's errors. 1 EXECUTIVE ITEMS : BID AWARD FOR THE RECONSTRUCTION OF HAYNIE/DELTA LINE/WEST BADGER ROADS TO THE WW BIDDER, WILDER CONSTRUCTION, FOR $728,185 (AB92-214) Laidlaw reported for Finance and recommended approval. SHE SO MOVED. BID AWARD FOR STRUCfURAL OVERLAY OF SLATER ROAD TO THE WW BIDDER, WILDER CONSTRUCTION FOR $459,07 (AB92 215) Laidlaw reported for Finance and recommended approval. SHE SO MOVED. BID AWARD FOR THE STRUCfURALOVERLAY OF HAXTON WAY TO THE WW BIDDER, WILDER CONSTRUCTION FOR $ (AB92-21)

2 1 Laidlaw reported fm Finance and recommended approval. 2 SHE SO MOVED..' ~ ':'-.' REQUESTFORAPPROYAL OF BIDDERS' USTFOR THE SUPPLY OF ASPHALTIC EMULSIONS FORTHE COMINGROAD OIUNGSEASON (AB92-21) 7 Laidlaw reported for Finance and recommended approval. 8 SHE SO MOVED REQUESTFORAUTHORIZATIONFORTHEEXECUTIVETO ENTER INTO A LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND CONTINENTAL PRINTING, INC., FOR WAREHOUSE STORAGE SPACE FOR A COUNTY-WIDE RECORDS CENTER FOR $ PER MONTH (AB92-218) 15 Laidlaw reported for Finance and recommended approval. 1 SHE SO MOVED RENEWAL AND MODIFICATION OF LEASE BETWEEN PORT OF 19 BELLINGHAM AND WHATCOM COUNTY ON BEHALF OF 20 CURRENT INDUSTRIES LOCATED AT BELLINGHAM 21 INTERNATIONAL AIRPORT INDUSTRIAL PARK (AB92-219) RENEWAL AND MODIFICATION OF LEASE BETWEEN WHATCOM 23 COUNTY AND CURRENT INDUSTRIES FOR PREMISES LOCATED 24 AT BELLINGHAM INTERNATIONAL AIRPORT INDUSTRIAL PARK 25 (TO BE CONSIDERED WITH THE LEASE AGREEMENT 2 ABOVE)(AB92-219A) 27 Laidlaw reported for Finance on Items and 7 and recommended 28 approval. 29 SHE SO MOVED. Minutes, 5/2/92, Page 2

3 EXECUTIVE'S REPORT -.',;... :. 3 First Quarter Report (AB92-249): This report was distributed. 4 Status Report on the Courthouse Building Project: This project is 9.5 perce~t 5 complete. SPECIAL PRESENTATION 7 PROCLAMATION OF THE OPENING OF THE WHATCOM COUNTY 8 IN BWOM PRESENTATION (AB92-220) 9 Roger DeSpain, Director, Parks Department, introduced Dana Hanks, Arts 10 Coordinator, who explained this item. This is the seventh year this event has been in 11 existence. 12 OPEN SESSION 13 Rebecca Malloy, 2431 Lafayette: Asked if there would be a work session on the 14 County-wide Planning issue next Tuesday. It was explained there would be further meetings. 15 i HEARINGS GROWTH MANAGEMENT ACT: CRmCAL AREAS ORDINANCE (AB92-058B) 19 Terry Galvin, Planning, explained how the department has responded to a public 20 request for a sensitive areas ordinance as well as a state mandate. There have been meetings in all held by the Planning Department, the Planning Commission, the Advisory 22 Committee and the County Council. He explained that the maps represent thousands of 23 hours of work. He showed an overlay map and one that showed what areas could not be 24 built on. He mentioned the following: TDRs; tax deferments; list ofchanges that havebeen 25 made due to public input; creation of an expiration date of three years from date of 2 acceptance; recognition of tribal rights; definition of wetlands; definition of wildlife 27 consultants; delineation of wetlands by the county; possibility of the county being able to 28 create and modify a waiv~r of the process; quantitative aquifer recharge rating system; 29 category 3 showing any wetland under 15,000 square feet could now be filled in rather than 30 10,000 as previously written; eliminated practical alternatives test; division of a single 31 wetland into a number of different classes; there should be a county review of the 32 permanent ordinance with public hearings on each of the elements and it not be passed in 33 its entirety until it has had public input; citizens advisory committee be given all citizens 34 comments to help in making recommendations to staff; enough staffing to administer this Minutes, 5/2/92, Page 3

4 1 properly; a review period of six months from effective date of the temporary ordinance on 2 the fee structure; a.technical committee should be established for a mitigation process; 3 funding for a conservation district for agricultural section; fish a:frd,wijdlife habitat board be 4 developed; staffshould develop an education and outreach program to make program more 5 understandable a non-regulatory committee. The public hearing was opened. 7 Emily Jackson, 837 Berthusen Road: Should we ask the Council to stop this 8 meeting until we could have more people in a room to hold this hearing. 9 VANDER YACHT MOVED TO CONTINUE THIS PUBUC HEARING AT A 10 LATER DATE. 11 HENDERSON MOVED TO AMEND THATTHE PEOPLEWHO WISH TO BE 12 ABLE TO SPEAK TONIGHT BE HEARD. 13 The amendment failed with Henderson, Laidlaw and Harris in favor. 14 Mary Kupfeel, Geneva Street: She stated that Lynden Middle School is not neutral. 15 The motion to continue the hearing was carried unanimously. 1 The above issue was taken last on the agenda ORDINANCE ANNEXING CERTAINPROPERTIES NEARDEMINGTO WHATCOM COUNTY FIRE PROTECTION DISTRICT NO.1 (AB91 200E) 20 Warner explained this issue. 21 The public hearing was opened. 22 Bill Manning, 3897 Mosquito Lake Road: He said he is being annexed tinder 23 protest. He said he feels he will not be getting adequate protection because of the 24 restrictions of developing this area. He was willing to accept the liabilities but is forced to 25. be annexed so he could get a building permit to replace his home should it burn down. 2 Warner explained that the Council did not pass a temporary moratorium on building 27 permits. 28 Stan Pfullman, 321 Kelly Road: The government is trying to push something down 29 their throats that they do not want. He would like an alternative solution brought forward. Minutes, 5/2/92, Page 4

5 1 Wartier explained.the liabilities to the Fire Department when they fight fires in areas 2 that are not covered Henderson said the Fire Marshall heads asked for this action. : :.. '.,,; Bill Manning, 3897 Mosquito Lake Road: He said he was forced to sign or not be 4 given a building permit. 5 The public hearing was closed. Items discussed were: possibility of returning this to committee; original threat by 7 the Fire Marshall that building permits would be denied; mechanism for people to appeal 8 this process. 9 Comments were made by: Warner; Brenner; Vander Yacht; Henderson. 10 IMHOF MOVED TO SEND THIS BACK TO COMMfITEE. 11 The motion carried 4-3 with Harris, Laidlaw and Henderson voting against PETTIlON FOR THE VACATION OF PORTIONS OF PINE STREET, CEDAR STREET, FIR STREET, D STREET, AND BASS STREET, FILED BY CHARLOTTE A PRINCE (AB92-153) 15 The public hearing was opened. Hearing no comment, the public hearing was closed. 1 Ed Henken, County Engineer, recommended the County approve the partialvacation. IMHOF MOVED TO VACATE THE PORTIONS OF PINE STREET, CEDAR 18 STREET, FIR STREET, D STREET, AND BASS STREET THAT ARE NOT 19 MAINTAINED BY THE COUNTY ROADS AT NO COST OTHER ITEMS RESOLUTION CALLING FOR AN ELECTION ON THE INCORPORATION OF BIRCH BAY AS A CITY (AB92-211) Imhof reported for Public Services and recommended approval. HE SO MOVED. RESOLUTION IN THE MATTER OF THE HEARING ON WHATCOM Minutes, 5/2/92, Page 5

6 1 COUNTY'[S SIX-:-YEAR COMPREHENSIVE ROAD PROGRAM (AB )(REFERRAL TO PUBUC SERVICE) "." :":"-, Imhof reported for Public Services and recommended approval. 4 HE SO MOVED ORDINANCE REDUCING THE SPEED UMIT ON HAXTON WAY (AB92-)(KEPT IN COMMITIEE 5/12) 8 Kept in committee until June GROWTH MANAGEMENT ACT: ORDINANCE AMENDING THE COUNTY COMPREHENSIVE PLAN TO CLASSIFY AND DESIGNATE MINERAL RESOURCE LAND ON AN INTERIM BASIS (PLANNING FILE REF. MRLC0MP2.0R)(AB92-100) 13 Henderson reported for Planning & Development and recommended adoption. 14 HE SO MOVED. 15 HENDERSOM MOVED AN AMENDMENT ON PAGE 1 TO STRIKE 1 PARAGRAPH PAGE 1, HENDERSON MOVED TO AMEND PAGE 1, LINE 19 TO 19 STRIKE THE SENTENCE "AN ESTIMATED 145 MILUON CUBIC YARDS WILL BE 20 NEEDED TO PRODUCE CONSTRUCTION MATERIALS DURING THE NEXT YEARS." ALSO TO STRIKE THE WORDS 'TO MEET THE 50 YEAR 22 REQUIREMENT' STARTING ON UNE 23 AND ADDING "FOR MINERAL USES." 23 LAIDLAW MOVED THATTHE WORD "WILL" BE CHANGED TO "MAY" ON 24 LINE 25, AND THE WORD 'THIS" BE CHANGED TO 'THESE." 25 HARRIS MOVED TO ADD THE FOLLOWING SENTENCE AFTER 2 "PURPOSES" ON LINE 27, "GRAVEL FROM THE NOOKSACK RIVER IS A 27 PREFERRED METHOD TO PROVIDE A PORTION OF THE REQUIRED GRAVEL 28 NEEDED." 29 WARNER MOVED THATTHEWORD "STAFFBECllANGED TO "COUNTY" 30 IN ALL PLACES IN 4 AND 5. Minutes, 5/2/92, Page

7 1 IMHOF MOVED TO AMEND ON UNE 15 OF PAGE 1 TO DELETE THE 2 WORDS "WITH COMMERCIAL VIABILITY FOR E~~ON." 3 The motion to amend carried unanimously. ".,,,;... 4 The motion to adopt the amended ordinance carried unanimously GROWTH MANAGEMENT ACT: ORDINANCE AMENDING THE OFFICIAL ZONING ORDINANCE, TITLE 20, TO CREATE A NEW SECTIONS: WHATCOM COUNTY CODE 20.73, MINERAL RESOURCE LAND SPECIAL DISTRICT (MRL) TO COIMPLY WITH THE GROWTH MANAGEMENT ACT MANDATE TO PROTECT MINERAL RESOURCE LANDS ON AN INTERIM BASIS (PLANNING FILE REF. MRLT202.0R)(AB92-105) 12 HENDERSON MOVED TO ADOPT THIS ORDINANCE. 13 HENDERSON MOVED TO AMEND THE ORDINANCE TO REFLECT THE 14 SAME CHANGES THAT WERE CHANGED IN THE PREVIOUS ORDINANCE. 15 The motion to amend carried unanimously. 1 The motion to adopt the amended ordinance carried unanimously RESOLUTION REGARDING HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY, REQUEST NO. 71 (AB92-221) 20 Laidlaw reported for Finance and recommended approval. 21 SHE SO MOVED RESOLUTION AUTHORIZING THE EXECUTIVE TO EXECUTE AN INTERAGENCY AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES, PART OF WHICH IS TO INITIATE FORMAL APPRAISAL PROCESS OF CERTAIN LANDS SUITABLE FOR EXCHANGE WITH TRILUUM CORPORATION (AB92-222) 28 Laidlaw reported for Finance and stated this would be held in committee RESOLUTION ESTABUSHING COUNTY ROAD PROJECT NO AND THE AWARD OF CONTRACT FOR RECONSTRUCTION OF Minutes, 5/2/92, Page 7

8 - 1 HAYNIE/DELTA.- LINE/WEST BADGER ROADS (AB92-214) 2 Laidlaw reported for Finance and recommended appro~~.c_.. :' 3 SHE SO MOVED RESOLUTION ESTABUSHING COUNTY ROAD PROJECT NO AND THE AWARD OF CONTRACT FOR THE STRUCTURAL OVERLAY OF SLATER ROAD (AB92-215) Laidlaw reported for Finance and recommended approval. SHE SO MOVED RESOLUTION ESTABUSHING COUNTY ROAD PROJECT NO AND THE AWARD OF CONTRACT FOR THE STRUCTURAL 13 OVERLAY OF HAXTON WAY (AB92-21) Laidlaw reported for Finance and recommended approval. SHE SO MOVED. 11. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM 18 COUNTY SURPLUS PROPERTY AND THE SE1TING OF A DATE FOR 19 PUBUC HEARING THEREON PURSUANT TO WCC 1.10 (TARGET 20 CARRIER SYSTEM)(AB92-227) 21 Laidlaw reported for Finance and recommended approval. 22 SHE SO MOVED DECISION ON APPEAL OF HEARING EXAMINER'S DECISION 25 REGARDING SV9-91, FILED BY PAPETTI (AB92-150): FORMAL 2 WITIIDRAWAL 27 This item was withdrawn. Minutes, 5/2/92, Page 8

9 1 Addendum ORDINANCE AMENDING WHATCOM COUNTY ENvIRONMENTAL POllCY ADMINISTRATION, TITLE 1 SECTION TO INCLUDE CRITICAL AQUIFER RECHARGE AREAS; SECTION , EXTENDING THE TIME llmits RELATING TO PROJECT REVIEW AND THRESHOLD DETERMINATIONS; AND SECTION (4C), ADDING A REFERENCE TO THE PROPOSED CRITICAL AREAS REGULATIONS (AB92-203) 9 This item was held until the June 2 meeting. 10 INTRODUCTION RESOLUTION TO GRANT A REVOCABLE ENCROACHMENT PERMIT, FILED BY MICHAEL MORBERG (AB92-21O)(HEARING TO BE SCHEDULED; POSSillLE REFERRAL TO PUBllC SERVICE) RESOLUTION STATING TIIE COUNCIL'S POllCY FOR ACCEPTANCE AND SCHEDUUNG OF AGENDA ITEMS (AB92-192)(REFERRAL TO FINANCE. ORDINANCE OF WHATCOM COUNTY, WASHINGTON, SUPPLEMENTING ORDINANCE 87-9 AS PREVIOUSLY AMENDED BY ORDINANCE NO , WITH RESPECT TO THE PAYMENT OF INSTALLMENTS OF ASSESSMENTS IN LOCAL AND ROAD IMPROVEMENT DISTRICT NO. 9 (AB92-223)(REFERRAL TO FINANCE) ORDINANCE APPROVING AND CONFIRMING THE FINAL RATES AND CHARGES ROLL FOR THE LAKE SAMISH LAKE MANAGEMENT DISTRICT NO.1; LEVYING AND ASSESSING THE AMOUNT THEREOF AGAINST THE LOTS, TRACTS, PARCELS OF LAND AND OTHER PROPERTY ON SAID ROLL; AND CERTIFYING THE SAME TO THE COUNTY measurer FOR COLLECTION (AB92-224)(REFERRAL TO FINANCE) ORDINANCE REVISING ORDINANCE CHANGINGTHE NAME AND EXPANDING THE USE OF THE MENTAL HEALTH/SUBSTANCE ABUSE REVOLVING FUND (AB92 225)(REFERRAL TO FINANCE) RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM COUNTY SURPLUS PROPERTY PURSUANT TO WCC 1.10 (AB92- Minutes, 5/2/92, Page 9

10 1 227A)(TARGET.CARRIER SYSTEM)(REFERRAL TO FINANCE) RESOLUTION TO SELL PROPERTY ACQUIRED ~li.jjie COUNTY. ON TAX FORECWSURE, REQUEST NO. 71 (AB92-221A)(REFERRAL TO FINANCE) RECEIPT OF PETITION FOR VACATION OF A PORTION OF YORK SlREET, FILED BYJEFFREYRODDICK, ETAL (AB92-212)(HEARING TO BE SCHEDULED; POSSIBLE REFERRAL TO PUBUC SERVICES) 8 Addendum ORDINANCE ESTABUSHING WHATCOM COUNTY VOTING PRECINCTS (AB92-231) 11 Items 1-9 were introduced and will be forwarded for the appropriate action. 12 The meeting was adjourned at 8:45 p.m ATTEST: WHATCOMCOUNTYCOUNC~ WHATCOM COUNTY, WASHINGTON 15 1 Clerk QAMi!/I1~ Daniel M. Warner, Chairman Minutes, 5/2/92, Page 10