HomeMy WebLinkAboutCouncil March 22 1994WHATCOM COUNTY COUNCIL
REGULAR MEETING
March 22, 1994
The meeting was called to order by Council Chair Robert Imhof at 7 p.m. in the
Hearing Examiner's Chambers (formerly the Council Chambers), 1000 N. Forest Street.
Also present: Absent:
Larry Harris None
Barbara Brenner
Marlene Dawson
Alvin Starkenburg
Ken Henderson
Ward Nelson
SPECIAL PRESENTATION
DAVID BELL, FOURTH CORNER ECONOMIC DEVELOPMENT GROUP:
PRESENTATION OF WHATCOM COUNTY INDUSTRIAL DIRECTORY (AB94-
154) (5 MINUTES)
The presentation was given by Mr. David Bell of the Fourth Corner Economic
Development Group.
OPEN SESSION (20 MINLTTES)
The following persons addressed the Council in open session:
Jay Taber, 1212 Raymond, Bellingham, WA 98226: Petition to the Growth
Board, Growth Management deadlines (AB94 -90).
David Mason, 4507 E. Oregon Street, Bellingham, WA 98226: Sewer line in
Water District 10 (AB94 -158).
Kathy O'Connell, Northwest Road: Northwest Water Asssociation proposed
hookup with Femdale (AB93 -343).
Kurt Dessauer: Meeting at Hannegan Hall on the Smith Road by Bruce Mills of
Engineering not in compliance with ADA.
Valerie Day, Twin Lakes Drive: County road crew cut down 15 alder trees across
from her house against her protest.
Jeff Monsen, Director of Transportation Services: Road crews independently
make decision; they acted properly.
Karen Funston, Eldridge Ave: Representative of women and mothers against
resolution for jobs -based economy has a proposed amendment. (AB94 -156)
Linda Zander, Clearbrook Area: Properties in the area have not been surveyed.
Each parcel is off causing problems when trying to buy or sell.
Regular Council Meeting, 3/22/94, Page 1
Rod Pemble, Ellis Street: Resolution for a jobs -based economy needs more study
(AB94 -156)
Bob Tull, Attorney for Association of General Contractors: Resolution for a jobs -
based economy (AB94 -156)
Open Session was closed at 7:30 p.m.
CONSENT AGENDA
1. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT WITH DEBORAH OREIRO FOR
CHILD ABUSE /SEXUAL ABUSE (ONE OF A POOL OF 8
PROFESSIONALS, TOTAL ALLOTTED AMOUNT FOR THE POOL
IS $11,075) (AB94 -162)
2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
SIGN A CONTRACT WITH THE OPPORTUNITY COUNCIL /MAPLE
ALLEY INN FOR MEALS FOR THE HOMELESS FOR 1994 AT A
COST OF $10,210 (AB94 -163)
3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
SIGN THE SECOND AMENDMENT TO THE COLLECTION
AGENCY SERVICES CONTRACT #930419 (AB94 -164)
4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A CONTRACT WITH LUCIO RODRIQUEZ FOR
ENGLISH /SPANISH INTERPRETATION SERVICES FOR NON -
ENGLISH SPEAKING CLIENTS NEEDING SUBSTANCE ABUSE
EVALUATIONS AT COMBINED TREATMENT SERVICES (AB94-
165)
5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT FOR THE CAPITAL FACILITIES PLAN WITH
HENDERSON YOUNG AND COMPANY FOR AN ADDITIONAL
$15,711.70 (AB94 -166)
This item was pulled from the consent agenda. Starkenburg reported for Finance
and Personnel Committee. Starkenburg moved to approve the request with the following
amendments to paragraph 4.
"4. Paragraph 4 of Contract 9208015, . amended by Contract 9401030, smell let
U I v All retainages accumulated between July 1992 and March 1993 ($3,183.85)
Regular Council Meeting, 3/22/94, Page 2
be released to Henderson, Young and Company within 30 days of approval of this
amendment.
4. Billing procedures: The Contractor shall submit written claims for
reimbursement of services provided on the appropriate forms to the County for payment.
All payments will be based on services provided unless otherwise approved in writing by
the County. It is agreed that the Contractor shall be paid for its services by monthly
vouchers submitted to the County Auditor who will issue warrants in payment of claims.
Either- the County Auditor- shall fetain 10% of eaeh war-r-ani until wer-k is satisfaeterily
eempleted, or- the eentfaetaf shall r-edeeffl sueb wafiFants from funds available-by
The County agrees to make payment for services provided as approved
by the Auditor of Whatcom County with County warrants within forth -five (45) working
days following receipt of the Contractor's claim for reimbursement provided no payments
shall be made in the month services are rendered unless otherwise approved by the
County."
Motion carried unanimously.
6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AMENDMENT TO THE CONSOLIDATED
CONTRACT WITH THE STATE DEPARTMENT OF HEALTH FOR
AN ADDITIONAL $25,607 (AB94 -167)
7. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT WITH WESTERN WASHINGTON
UNIVERSITY FOR GIS (GEOGRAPHIC INFORMATION SYSTEMS)
ADMINISTRATION IN THE AMOUNT OF $13,759.20 (AB94 -168)
8. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
REQUEST GRANT MONIES FROM THE STATE DEPARTMENT OF
COMMUNITY DEVELOPMENT FOR TECHNICAL ASSISTANCE IN
COMPLETING THE WATER ELEMENT OF THE COMPREHENSIVE
PLAN USE EIS (AB94 -169)
Starkenburg reported for Finance and Personnel Committee. Starkenburg moved
to grant the request for the authorization and recommend item number 2 (Analysis of
county -wide water systems supply impacts and potential mitigating measures under each
of the alternatives) be the item that be pursued under the EIS study. Clerk's note.
Mr. Starkenburg stated that the intent was to add emphasis to item number 2. It does not
delete items 1 and 3.
Motion carried unanimously.
Items 1, 2, 3, 4, 6 and 7 on the consent agenda were approved as presented.
Regular Council Minutes, 3/22/94, Page 3
Items 5 and 8 were pulled from the consent agenda.
Starkenburg moved to approve the consent agenda items except #5 and #8.
Motion carried unanimously.
PUBLIC HEARINGS
1. RESOLUTION AUTHORIZING SALE OF COUNTY TAX TITLE
PROPERTY, REQUEST NO. 94 -1 (AB94 -145A)
The hearing was opened.
No one spoke.
Henderson moved approval of the resolution.
Motion carried unanimously.
3. ORDINANCE ESTABLISHING SERVICE FEES AND SETTING A
FEE SCHEDULE RELATING TO AMBULANCE SERVICE
CHARGES (AB94 -148)
The hearing was opened.
No one spoke.
Henderson moved approval.
Motion carried unanimously.
OTHER ITEMS (Council action may be taken)
1. APPEAL OF HEARING EXAMINER'S DECISION ON HEARING
EXAMINER FILE NO. APL93 -34, EMERALD ESTATES II, FILED BY
DONALD SMITH (AB93 -494)
Imhof moved to uphold Hearing Examiner's decision, deleting item number 2 and
replacing it with the wording that Ferndale shall supply water to the project.
Motion carried unanimously.
Regular Council Minutes, 3/22/94, Page 4
2. APPOINTMENT TO CEMETERY DISTRICT NO. 10 (AB94 -159)
Henderson moved to appoint Preston Cheney to the position.
Motion carried unanimously.
3. RESOLUTION SUPPORTING THE ESTABLISHMENT OF A PACE
LANE AT POINT ROBERTS (AB94 -119A)
Imhof moved to approve the resolution.
Motion carried unanimously.
4. REQUEST FOR MOTION AUTHORIZING THE COUNTY TO
PROCEED WITH A CONDEMNATION ACTION IN ORDER FOR
THE LAKE SAMISH MANAGEMENT DISTRICT NO. 1 TO
PROCEED WITH CONSTRUCTION OF A RETENTION DAM (AB94-
170)
Henderson moved to approve the authorization.
Motion carried unanimously.
5. RESOLUTION PROCLAIMING APRIL 3-9,1994 AS PUBLIC HEALTH
WEEK (AB94 -175)
Harris moved to approve the resolution.
Motion carried unanimously.
6. ORDINANCE AUTHORIZING AN INTERFUND LOAN FOR
COURTHOUSE COMPLETION (AB94 -149)
Starkenburg reported that the Finance and Personnel Committee reviewed this
matter and moved to adopt the ordinance.
Motion carried unanimously.
7. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 2 (AB94-
147)
Starkenburg reported that the Finance and Personnel Committee reviewed this
matter.
Regular Council Minutes, 3/22/94, Page 5
Starkenburg moved the ordinance be adopted.
Starkenburg moved to amend the the supplemental as shown on packet page 115,
Attachment A, to delete the 1.0 FTE Enviornmental Health Specialist - DOE Site
Hazard Assessment position and amend packet page 137 to transfer the amounts shown
for Salaries and Benefits, a total of $30,575, to line 6630 Professional Services.
The motion to amend carried unanimously.
Brenner moved to amend by deleting from attachment A public health nurse and
clerk typist II, both .4 FTEs. The motion failed 6 -1 with Brenner in favor.
The main motion carried 6 -1 with Brenner opposed.
8. AMENDMENT NO. 1 TO CONTRACT NO.V90- 235 -37 -14 (AB94 -174)
Starkenburg reported that the Finance and Personnel Committee reviewed this
matter and moved to approve the contract.
Motion carried unanimously.
9. ORDINANCE AMENDING OFFICIAL WHATCOM COUNTY
ZONING CODE, TITLE 20, CHAPTER 20.62.050 TO ALLOW SINGLE
FAMILY AND MULTI FAMILY UNITS IN GENERAL COMMERCIAL
ZONE (AB94 -150)
Nelson reported that the Planning and Development Committee reviewed this
matter and moved to approve the ordinance.
Motion carried unanimously.
10. ORDINANCE AMENDING WHATCOM COUNTY CODE, CHAPTER
12.08 DEVELOPMENT STANDARDS, TO ADD NEW LANGUAGE
AUTHORIZING DEVELOPMENT STANDARDS, THEIR FORMAT
AND PROCEDURES (AB94 -089)
The following amendments were recommended to the Council:
a. Under 'Purpose" add to "These standards are also intended to provide
flexibility and responsiveness to individual site characteristics and vroiects z d o
Regular Council Minutes, 3/22/94, Page 6
Henderson moved approval.
Motion carried unanimously.
b. Under "Scope ", do not strike "...administrative and technical application
o£.." -- this is a scrivener's error.
C. Under "Regulatory Authority ", leave in Paragraph C and insert F from the
bottom of the page after E: "F. Designed to achieve specific physical, social, economic'
and environmental goals which are specified within each chapter of the Standards."
Imhof moved approval.
Motion carried unanimously.
d. Top of page 3, leave in "...differentiations..." as a scrivener's error.
e. Under "Standards Adoption and Modifications ", delete "...based on the
authority of the office.:. ".
Imhof moved to amend.
Motion carried unanimously.
f. Under "Integration of Development Standards ", delete "...simultaneously..."
and add ... shall develop the chapters
gc,;;n::tg�����.Tn... .
..................................................::....................... ...............................
Imhof moved to amend.
Motion carried unanimously.
g. Under "Minor Modifications ", leave in "those" after "Minor modifications,...
as a scrivener's error.
........................
h. At the top of page 4, "Technical Pie -new �?'#�:r Committee or formal
:::::::...; :.:..:.......
action by the Whatcom County Eetmeif ... ".
Imhof moved to amend.
Motion carried unanimously.
Regular Council Minutes, 3/22/94, Page 7
Motion carried unanimously.
i. Under "Technical Administrator ", leave in stricken area "The Technical
Administrator shall be...''. Delete and add to "...shall be administered by a Technical
Administrator which shall be , Building
Imhof moved to amend.
Motion carried unanimously.
j. Delete all three paragraphs to "Ad Hoc Development Standards Review
Committee ". At top of page 5: "Per-fftanent Technical Advisory Committee ". At page 5,
second paragraph, "The TAC shall be comprised of seven voluntary members appointed
by the County Executive and approved by the County Council. `o€tcnFai✓
Imhof moved to amend.
Motion carried unanimously.
k. Under "Criteria for appointment... ", delete the last sentence of that
paragraph.
Imhof moved to delete the last sentence.
Motion carried unanimously.
1. "Other professional expertise:... they de the TAC does..." is a scrivener's
error. "...Development Standards adoption or amendment
proposal, the County Executive or the TAC may solicit expertise from other licensed :
'e WM x professionals... ".
`t
Imhof moved to amend.
Motion carried unanimously.
m. Last paragraph page 5: ..propose project designs
ca
................
a; "OM -not in strict compliance... . All
Imhof moved to amend.
Regular Council Minutes, 3/22/94, Page 8
Motion carried unanimously.
n. Second paragraph page 6: "The "!owing Subsequent (a scrivener's error)
chapters shall...".
The last paragraph on page 6 more appropriately belongs as an addendum to the
third paragraph (Regulatory Authority)--same paragraph. Delete the heading
"Minimum Performance Requirements ", uirements", and the sentence begins: "A i" section shall be
created th-. establish what the ......
Imhof moved to amend.
Motion carried unanimously.
Imhof moved to amend.
Motion carried unanimously.
P. Page 8, "Criteria for...": delete paragraphs A, B and C; paragraph D
becomes A; "Minimum Performance Requirements..." be not capitalized; paragraph E
becomes B; "...Minimum Performance Requirements..." be not capitalized; paragraph D:
"...Minimum Performance Requirements..." not be capitalized; and add language to: "A�
variance to the standards..."
Starkenburg moved to amend.
Motion carried unanimously.
q. Page 9 first paragraph: "The appeal shall be made to a fien paffial third
p" appein4ed by the County E-meeative ...... The next sentence shall read: The #1W
p" TAC shall have... ".
Henderson moved to amend.
Motion carried unanimously.
Regular Council Minutes, 3/22/94, Page 9
r. Under "Special Distrticts ", leave in "...
sue...'; and under "Funding ", delete the sentence in parentheses and add:
"Adequate funding, to be administrated by each of the Technical Administrators as
identified herein, shall be provided to carry out the purposes of this Ordinance."
Imhof moved to amend.
Motion failed unanimously.
11. ORDINANCE AMENDING TITLE 20,21 AND THE CRITICAL
AREAS ORDINANCE TO INCLUDE REGULATORY LANGUAGE
THAT ESTABLISHES THE BASIS FOR DEVELOPING AND
ADMINISTERING THE STORMWATER PROVISIONS OF THE
WHATCOM COUNTY DEVELOPMENT STANDARDS (AB94 -088)
Nelson reported that the Planning and Development Committee reviewed this
matter.
Nelson moved to table. Hearing to be scheduled for April 5; work session to be
scheduled at a later date.
12. RESOLUTION STATING THE WHATCOM COUNTY COUNCIL'S
POLICY TO ENCOURAGE ENHANCEMENT OF A JOBS -BASED
ECONOMY (AB94 -156)
Nelson reported that the Planning and Development Committee reviewed this
matter.
Nelson moved to approve the resolution.
Nelson moved to amend item A on page 4 of the resolution to read "Will this
action increase or decrease the creation or retention of jobs ?"
Motion to amend carried unanimously.
Motion to amend Item D on page 4, line 12 to read "...may wish to locate their
businesses in the County."
Motion to amend carried unanimously.
Nelson moved to amend page 5 line 2 item 8, to read "...a nine - member
committee consisting of one government official, four industrial industry representatives
and four representatives from business and development."
Regular Council Minutes, 3/22/94, Page 10
Brenner moved to amend the amendment by changing to three industrial, four
business and development and two citizen representatives. This motion was substituted
for Nelson's.
Motion to amend carried 5 -2 with Harris and Dawson opposed.
Brenner moved to amend page 3 line 8 to add "provided that the County does not
compromise quality of life of its citizens."
The motion to amend carried unanimously.
Brenner moved to amend page 3 line 13 to delete "...Whatcom County's
Statement of Vision for its future and in... ".
Motion to amend carried 6 -1 with Starkenburg opposed.
Henderson moved to delete page 208 lines 14 -16 section six.
Motion to amend failed 5 -2 with Henderson and Harris for.
Brenner moved to delete all wording after "public" (page 4 line 15).
Motion to amend failed 3 -4 with Dawson, Brenner and Henderson for.
Henderson moved to insert on page 208 on line 1 "and the community" after the
word "enterprise ".
Motion to amend carried unanimously.
The amended main motion carried 6 -1 with Harris opposed.
13. PLANNING STAFF PRESENTATION ON STATUS OF GROWTH
MANAGEMENT ACTS PLANNING (AB94 -094)
Tabled due to lack of time in the committee. Reschedule for April 5. Nelson
reported that the Planning and Development Committee reviewed this matter.
Dan Taylor reported that the firm of Henderson, Young would like to give a two
hour presentation and is available first two weeks in April.
Imhof will ask staff to compile a calendar of available times for staff and Council
Members.
Regular Council Minutes, 3/22/94, Page 11
Hearings on Interim Urban Growth Areas: Town Meetings possibly held in
Everson, Sumas, Nooksack, Blaine, Ferndale, Lynden and Bellingham temporarily
scheduled for April 14 and 21 to be held possibly in local churches.
14. APPOINTMENT OF SUPERVISOR TO THE BUTLER DITCH
DISTRICT (AB94 -151)
Nelson reported that the Planning and Development Committee reviewed this
matter and recommended appointment of Keith Reid and Jeff Bacon.
15. APPROVAL OF FINAL PLAT FOR NORTHERN HEIGHTS
SUBDIVISION (AB94 -157)
Nelson reported that the Planning and Development Committee reviewed this
matter and recommended full approval.
Motion to approve carried unanimously
INTRODUCTION ITEMS
1. ORDINANCE PROHIBITING THE USE OF NON - ELECTRIC
MOTORS ON CAIN LAKE (AB94 -073A) (HEARING TO BE
SCHEDULED)
2. RECEIPT OF PETITION FOR VACATION OF A PORTION OF
FRONT STREET RIGHT -OF -WAY, FILED BY HERMAN MEENK
(AB94 -127) (HEARING TO BE SCHEDULED)
3. ORDINANCE REGARDING ESTABLISHING SPEED LIMITS ON
CERTAIN COUNTY ROADS (AB94 -171) (HEARING TO BE
SCHEDULED)
4. ORDINANCE REGARDING ESTABLISHING STOP SIGNS (AB94 -172)
(HEARING TO BE SCHEDULED)
5. ORDINANCE CLOSING ROOSEVELT ROAD EAST AND WEST OF
TYEE DRIVE (AB94 -173) (HEARING TO BE SCHEDULED)
Brenner moved to accept the introduction items.
Motion carried unanimously.
Regular Council Minutes, 3/22/94, Page 12
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Annexation of Northwest Water Association (AB93 -393): Henderson wants this
matter scheduled in Water Resources Committee.
Henderson moved to have the Chair write a letter to Departments of Ecology,
Wildlife (Fisheries) and Natural Resources indicating Whatcom County's continued
support of Cherry Point Industrial Park (Scheckter proposal).
Motion carried 6 -1 with Harris opposed.
Henderson moved to request the County American Disabilities Act Coordinator
identify ADA accessible meeting locations throughout the County for all departmental
meetings.
Motion carried unanimously.
Proposal for Sewer Line in Water Dist 10 (AB 94 -158): Nelson moved the .
Council is in favor of protection of the watershed and moving forward with the sewer
proposal. Schedule Executive Session. Nelson withdrew his motion.
Court Reporter Service for Hearings (Hearing Examiner) (AB94 -192): The
appeal fee would be increased to cover this service. This would come out of the pro tern
budget.
Imhof moved to sechedule two hearings in April.
Motion carried unanimously.
Budget Item re: Interfund Transfer for Combined Treatment (AB94- 0032): The
interfund transfer request wil not be processed. Why is not known, even though there is
enough money to cover this. Woods will draft a memo to the chief judge.
Henderson said the Council needs to communicate with Judge Moynihan
regarding this matter.
Woods will draft a letter from the Council to the chief judge for clarification
purposes.
Regular Council Minutes, 3/22/94, Page 13
ADJOURN
The regular Council meeting was adjourned at 10:10 p.m.
Respectfully submitted,
Ma ' a McAllist r, Recording Secretary
These minutes were accepted by the Council on May 24 , 1994.
ATTEST:
Ramona Reeves, Clerk of the Council
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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IAZAR.-S MV
Regular Council Minutes, 3/22/94, Page 14