HomeMy WebLinkAboutCouncil February 8 1994WHATCOM COUNTY COUNCIL
REGULAR MEETING
February 8, 1994
The meeting was called to order by Council Chair Robert Imhof at 7 p.m. in the
Council Chambers, 1000 N. Forest Street.
Also present: Absent:
Larry Harris None
Barbara Brenner
Marlene Dawson
Alvin Starkenburg
Ward Nelson
Ken Henderson
READING AND APPROVAL OF MINUTES of the December 14, 1993 and
January 25, 1994 meetings.
OPEN SESSION
The following people spoke in open session:
Dale Brandland, Sheriff: Budget (AB93 -371)
Kurt Denke: Down Zoning of the Lake Whatcom Watershed area (AB94 -086)
John Gardner, Point Roberts: Cable access (AB92 -287)
Dr. Frank James, County Health Officer: Lack of resources in the Health
Department to deal with water issues
Imhof closed the open session.
CONSENT AGENDA
1. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT AMENDMENT WITH EVERGREEN AIDS
SUPPORT SERVICES AS A SOLE SOURCE PROVIDER OF MULTIPLE
PROGRAM COORDINATION SERVICES WITH THE HEALTH
DEPARTMENT TO 12/31/94 FOR $18,000 (AB94 -075)
2. RESOLUTION TO ESTABLISH ITEM NO. 1 OF THE ANNUAL
CONSTRUCTION PROGRAM (AB94 -076)
3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
REQUEST GRANT MONIES FROM THE DEPARTMENT OF
COMMUNITY DEVELOPMENT FOR ASSISTANCE IN COMPLETING
AN EIS ON THE UPDATED COUNTY COMPREHENSIVE LAND USE
PLAN (AB94 -077)
4. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING
ON DONATION OF COUNTY -OWNED PROPERTY TO THE
WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES,
REQUEST #78 (AB94 -078)
Regular Council Minutes, 2/8/94, Page 1
5. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING
ON THE SALE OF COUNTY -OWNED PROPERTY (LAWRENCE
TOWNSHIP HALL), REQUEST NO. 79 (AB94 -079)
6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO A PROFESSIONAL SERVICES AGREEMENT WITH NADINE
KAALAND FOR $13,200 FOR SEXUAL ASSAULT COORDINATOR
SERVICES (AB94 -080)
7. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO A PROFESSIONAL SERVICES AGREEMENT FOR $18,530 WITH
SHARON EYER FOR DOMESTIC VIOLENCE SPECIALIST SERVICES
(AB94 -081)
8. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AMENDMENT TO THE EXTENDED SERVICES CONTRACT
WITH KMD ARCHITECTS FOR $250,000 (AB94 -082)
This Item was pulled from the Consent Agenda.
9. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
PURCHASE PROPERTY /FIRE INSURANCE ON ALL WHATCOM
COUNTY BUILDINGS (AB94 -083)
10. BID AWARD RECOMMENDATION FOR THE RECONSTRUCTION OF
TYEE DRIVE, (CRP 992236) POINT ROBERTS, TO THE LOW BIDDER,
TIGER CONSTRUCTION COMPANY, FOR $383,827.00 (AB94 -084)
Starkenburg reported for Finance and recommended approval of the consent agenda
as presented, noting on Items 6 and 7 that in the future a Request for Proposal be executed
before bringing this type of item forward.
Brenner noted that she would like to pull Item 8 from the Consent Agenda.
The motion carried unanimously.
Brenner reported that Item 8 was pulled because she did not feel it is appropriate
to reward the behavior of staff for not keeping the Council posted on this issue. She
believes the architect should have made sure there was some kind of agreement for the
extension. Starkenburg stated that this item was brought forth from committee even though
Brenner disagreed because there will be arbitration on this issue. This item came forward
from Finance and Personnel Committee on a 2 -1 vote.
Starkenburg moved to approve Item 8.
The motion carried 6 -1 with Brenner opposed
HEARINGS
1. ORDINANCE ESTABLISHING A WEIGHT LIMIT ON BIRCH BAY
DRIVE (AB94 -037)
Regular Council Minutes, 2/8/94, Page 2
Imhof opened the public hearing, and the following people spoke on this issue:
Carl Westman, Birch Point Road
Claudia Hollod, Birch Bay Drive
Mary Deets, Birch Bay Drive
Hearing no one else, Imhof closed the public hearing.
Dawson moved approval of the ordinance.
Harris moved to amend the motion and hold this ordinance until the February 22
meeting for language changes from staff regarding local service access and a five ton load
limit from Shintaffer to Harborview Road.
The motion to hold carried unanimously.
2. RESOLUTION TO SELL WHATCOM COUNTY PROPERTY
(WRECKED SHERIFF'S SEDAN) (AB94 -051A)
Imhof opened the public hearing.
Hearing no one, Imhof closed the public hearing.
Brenner moved approval of the resolution.
The motion carried unanimously.
OTHER ITEMS.
1. ORDINANCE IN THE MATTER OF THE ADOPTION OF THE FINAL
BUDGET OF WHATCOM COUNTY FOR THE YEAR 1994 AND
RESTRICTING THE EXPENDITURE OF CERTAIN FUNDS THEREIN
(AB94 -032)
Starkenburg reported for Finance and Personnel and recommended adoption of the
substitute ordinance as brought forth from Committee.
He so moved.
Imhof moved to amend the substitute ordinance changing (L) to reflect the following
language change: "The 1993 collections through the County General Property Tax Levy of
$192,794 shall remain unallocated in the Current Expense Fund Balance and the Road Fund
Property Tax Levy of $142,249 shall remain unallocated in the- County Road Fund unless
at least five (5) Council Members vote to overturn."
The motion carried unanimously.
Henderson moved to amend the substitute ordinance and reinstate the additional
appraisers to the assessors office, deleting the half time position already provided for in the
substitute ordinance.
The motion to amend failed 5 -2 with Henderson and Harris in favor.
Regular Council Minutes, 2/8/94, Page 3
Brenner moved to amend the substitute ordinance and eliminate the Director of
Combined Treatment position (for the remainder of 1994).
The motion failed 6 =1 with Brenner in favor.
Brenner moved to amend the substitute ordinance and eliminate the new Personnel
position.
She then withdrew her motion.
Nelson moved to amend the substitute ordinance changing (G) to reflect the
following change: "The projected Current Expense fund ending balance shall be maintained
at a level no less than $500000 i of the projected 1994 revenues in recognition of
the need for adequate cash flow; unforeseen revenue shortfalls, and contingency
supplemental budget needs."
The motion carried unanimously.
The motion to adopt the substitute ordinance carried 6 -1 with Brenner opposed.
2. INTERLOCAL AGREEMENT FOR NORTHWEST REGIONAL
COUNCIL (AB94 -035)
Dawson moved to postpone this item for two weeks to allow for further discussion.
A round -table discussion is scheduled for February 16 at 10 a.m. in the Council Chambers
to talk about organization and use of discretionary funds.
The motion carried 5 -2 with Harris and Henderson opposed.
3. PLANNING COMMISSION APPOINTMENTS FOR CONFIRMATION BY
COUNCIL (AB93 -491)
District I: Appointment of Doris Prather to a first, four -year term to run from
1/1/94 to 12/31/97. She will be replacing Lois Garlick.
Brenner moved to approve the appointment of Doris Prather to a first, four -year
term to run form 1/1/94 to 12/31/97.
The motion failed 4 -3 with Brenner, Henderson and Harris in favor.
Nelson moved to reopen nominations for this position, choosing from the existing list
of nominees.
The motion carried 5 -2 with Harris and Henderson opposed.
Nelson moved to nominate Bob Moore.
The motion carried.
Harris moved to re -open the application process with applications due by
February 22. Nominations will be scheduled for March 1.
Regular Council Minutes, 2/8/94, Page 4
The motion carried 5 -2 with Starkenburg and Dawson opposed.
District III: Appointment of Rod Erickson to a first, four -year term to run from
1/1/94 to 12/31/97. He will be replacing Fred Bierlink.
Brenner moved the appointment of Rod Erickson.
The motion carried unanimously.
4. COUNCIL APPOINTMENT TO THE BELLINGHAM INTERNATIONAL
AIRPORT ADVISORY COMMITTEE (BIAAC) (AB94 -091)
Imhof opened the nominations.
Henderson moved to appoint Brenner to the BIAAC.
The motion carried unanimously.
5. DISCUSSION ON THE PROPOSAL TO RESTRICT THE USE OF "GAS
POWERED MOTORS" ON BOATS USED FOR RECREATIONAL
PURPOSES ON CAIN LAKE, WHATCOM COUNTY (AB94 -073)
Dawson stated the Planning & Development Committee will be developing an
ordinance. Harris will lead this effort. A public hearing will be held on this issue.
INTRODUCTION ITEMS
1. RECEIPT OF NO- SHOOTING ZONE PETITION FOR THE NELSON
ROAD AREA FILED BY MARY DUCKER (94 -054) (ORDINANCE TO
BE INTRODUCED 2/22/94)
2. ORDINANCE AMENDING THE 1994 BUDGET, REQUEST NO. 1
(AB94 -085) (REFERRAL TO FINANCE)
3. RESOLUTION AUTHORIZING THE SALE OF COUNTY -OWNED
PROPERTY (LAWRENCE TOWNSHIP HALL), REQUEST #79 (AB94-
079A) (HEARING SCHEDULED FOR 3/1/94)
4. RESOLUTION AUTHORIZING THE DONATION OF COUNTY -
OWNED PROPERTY TO THE WASHINGTON STATE DEPARTMENT
OF NATURAL RESOURCES (AB94 -78A) (HEARING SCHEDULED
3/1/94)
5. ORDINANCE ADOPTING INTERIM ZONING FOR THE LAKE
WHATCOM WATERSHED OF ONE DWELLING PER TEN ACRES
(AB94 -086) (HEARING SCHEDULED 3/1/94)
6. ORDINANCE AMENDING THE INTERIM ZONING CODE WCC
CHAPTER 2.24A.100.350, TO ESTABLISH BUILDING SETBAi-"KS IN
ACCORDANCE WITH TITLE 20, CHAPTER 20.80.200 FOR THE
URBAN RESIDENTIAL ZONE (AB94 -087) (REFERRAL TO PLANNING
& DEVELOPMENT 2/22/94)
7. ORDINANCE AMENDING TITLE 20,21 AND THE CRITICAL AREAS
ORDINANCE TO INCLUDE REGULATORY LANGUAGE THAT
Regular Council Minutes, 2/8/94, Page 5
ESTABLISHES THE BASIS FOR DEVELOPING AND ADMINISTERING
THE STORMWATER PROVISIONS OF THE WHATCOM COUNTY
DEVELOPMENT STANDARDS (AB94 -088) (HEARING SCHEDULED
3/1/94)
8. ORDINANCE AMENDING WHATCOM COUNTY CODE, CHAPTER
12.08 DEVELOPMENT STANDARDS, TO ADD NEW LANGUAGE
AUTHORIZING DEVELOPMENT STANDARDS, THEIR FORMAT AND
PROCEDURES (AB94- 089)(HEARING SCHEDULED 3/1/94)
9. ORDINANCE ADOPTING INTERIM URBAN GROWTH AREAS IN
ACCORDANCE WITH THE GROWTH MANAGEMENT ACT AS
AMENDED (AB94 -090) (HEARING SCHEDULED 3/1/94)
Dawson moved to accept the Introduction Items.
The motion carried.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Northwest Regional Council (AB94 -035): Henderson asked the Council to please
communicate with Commissioners regarding their concerns.
Northwest Regional Council (AB94 -035): Nelson said there are economic
development concern in the community, particularly in the Foothills area.
Closure of Roosevelt Road and Tyee for sticker lane (AB94 -069): Brenner requested
the Council give policy direction to Planning regarding Growth Management.
COUNTY -WIDE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS
The County Council also serves as the board of supervisors for this district. Because the district
is a separate governmental unit, the Council must recess its regular Council meeting and call
to order a meeting of the County-Wide Flood Control Zone District before taking action.
ACTION: POSSIBLE RECONSIDERATION OF NOMINATIONS AND
APPOINTMENT TO THE COUNTY -WIDE FLOOD
CONTROL ZONE DISTRICT ADVISORY COMMITTEE
(AB94 -038)
Starkenburg moved to rescind the appointment of Lloyd Ludke made at the
February 1 meeting.
Motion carried unanimously.
Starkenburg moved to move Bill Harriman to the Impacted City position and forward
that nomination to Council of Governments for consideration.
Motion carried unanimously.
Regular Council Minutes, 2/8/94, Page 6
Starkenburg moved to replace Art Hyatt with Lloyd Ludke in the position of
Geographic Areas.
Starkenburg withdrew his motion.
Imhof moved to postpone this issue until February 22 to allow Prosecuting Attorney
Dan Gibson to have adequate time to look into the conflict of interest issue.
Motion carried unanimously.
ADJOURN
The regular Council meeting was adjourned at 9:50 p.m.
Respectfully submitted,
r-o �g Secretary
These minutes were accepted by the Council on March 8 , 1994.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Ramona Reeves, Clerk of ithe Council Robert Imhof, Council qhair
Regular Council Minutes, 2/8/94, Page 7