HomeMy WebLinkAboutCouncil May 24 1994WHATCOM COUNTY COUNCIL
Regular Council Meeting
May 24, 1994
The meeting was called to order at 7 p.m. in the Council Chambers, 311 Grand
Avenue, by Council Chair Bob Imhof.
Also Present: Absent:
Marlene Dawson None
Barbara Brenner
Larry Harris
Alvin Starkenburg
Ken Henderson
Ward Nelson
SPECIAL PRESENTATION
1. GROWTH MANAGEMENT ACT, HOUSING COMMITTEE (AB94 -294)
Committee member Phil Serka made a brief presentation to the Council.
2. PORTAGE ISLAND UPDATE BY RUTH ANDERSON, FEDERAL
PARKS DEPARTMENT (AB94 -277)
Ruth Anderson of the Federal Parks Department addressed the Council about
Portage Island and the 1980 agreement under which Whatcom County sold the property to
the Lummi Indian Nation. Imhof allowed memers of the audience to ask questions of
Anderson. The following people spoke:
Christopher Sanchez, PO Box 4427, Bellingham
Tim Slater, Ferndale
Tom Bell, Lummi Shore Road
Chris Heintz, Robertson Road
OPEN SESSION (20 MINUTES)
Lloyd Austin, 1838 Lakeside: Portage Island (AB94 -277)
Mike Brennan, Bellingham - Whatcom County Chamber of Commerce and Industry:
Presented Council with a framed Ski to Sea Festival poster.
Kurt Denke, no address given: Interim Urban Growth Boundaries (AB94 -090)
David Johnson (sp ?), Lot 117, Eliza Island: Eliza Island Comp. Plan (AB94 -260)
Regular Council Minutes, 5/24/94, Page 1
CONSENT AGENDA
(ITEMS 1 -5 SCHEDULED FOR FINANCE & PERSONNEL COMMITTEE)
1. BID AWARD RECOMMENDATION FOR PRE - LEVELING PROJECTS,
AS FOLLOWS: (AB94 -282)
• NORTH BIRCH BAY AREA TO THE LOWEST BIDDER,
WILDER CONSTRUCTION COMPANY OF BELLINGHAM
FOR $70,910.00 INCLUDING TAXES
• SOUTH BIRCH BAY AREA TO THE LOWEST BIDDER,
WILDER CONSTRUCTION COMPANY OF BELLINGHAM
FOR $62,180.00 INCLUDING TAXES
2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT AMENDMENT WITH WHATCOM
COUNSELING AND PSYCHIATRIC CLINIC TO INCLUDE THE TIME
PERIOD OF 4/1/94 TO 12/31/94 FOR $54,941, A TOTAL OF $73,254
(AB94 -283)
3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT AMENDMENT WITH CATHOLIC
.COMMUNITY SERVICES NORTHWEST TO INCLUDE THE TIME
PERIOD 4/1/94 THROUGH 12/31/94 FOR $36,220.50, A TOTAL OF
$48,294 FOR THE ENTIRE CONTRACT (AB94 -284)
4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT WITH EPICENTER ASSOCIATES FOR THE
COMPLETION OF THE 1994 COUNTY COMPREHENSIVE SOLID
WASTE MANAGEMENT PLAN REVISION FOR AN ADDITIONAL
$8,400 (AB94 -285)
5. REQUEST FOR AUTHORIZATION TO ACCEPT A $24,000 GRANT
FROM THE PUGET SOUND WATER QUALITY AUTHORITY FOR
JUVENILE COURT TO PUT JUVENILE OFFENDERS TO WORK
IMPLEMENTING PORTIONS OF WATERSHED PLANS (AB94 -286)
Starkenburg moved to approve of consent agenda items 1 -5.
Motion carried unanimously.
Regular Council Minutes, 5/24/94, Page 2
(ITEM 6 SCHEDULED FOR PLANNING & DEVELOPMENT COMMITTEE)
6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO A SETTLEMENT AGREEMENT BETWEEN WHATCOM
COUNTY, SEMIAHMOO PRIVATE GOLF CLUB AND THE LUMMI
INDIAN NATION TO ADD FURTHER CONDITIONS ON THE PUD
FOR CANNERY HILL (AB94 -287)
Nelson moved to approve of consent agenda item 6.
Motion carried unanimously.
(ITEMS 7 -8 -- NO COMMITTEE ASSIGNMENT)
7. NEW APPOINTMENT OF MAXINE JONES - GAMLEN TO THE BOARD
OF THE BELLINGHAM / WHATCOM HOUSING AUTHORITIES
BOARD TO A FIRST, FIVE -YEAR TERM TO RUN FROM APRIL 19,
1994 TO APRIL 18, 1999 (AB94 -288)
Brenner moved to approve of this item.
Motion carried unanimously.
8. READING AND APPROVAL OF MINUTES FROM THE MARCH 8 REGULAR
MEETING, THE MARCH 22 COMMITTEE OF THE WHOLE MEETING, THE
MARCH 22 REGULAR MEETING, THE APRIL 5 REGULAR MEETING, THE
APRIL 12 REGULAR MEETING, THE APRIL 21 SPECIAL MEETING, AND
THE APRIL 26 REGULAR MEETING
Brenner moved to approve of this item.
Motion carried unanimously.
PUBLIC HEARINGS
1. ORDINANCE AMENDING WCC CHAPTER 8.28 TO PROVIDE FOR LITTER
CONTROL FROM VEHICLES USING COUNTY SOLID WASTE FACILITIES
(AB94 -260)
Solid Waste Division Manager Bob Jurica delivered opening comments, as did
Planning and Development Services Director Nate Brown. Imhof opened the hearing.
Roy Giles, no address given.
Regular Council Minutes, 5/24/94, Page 3
The hearing was closed.
Henderson moved to adopt the ordinance.
Motion carried 5 -2 with Nelson and Brenner opposed.
OTHER ITEMS COUNCIL ACTION MAY BE TAKEN
(ITEM 1 SCHEDULED FOR PLANNING & DEVELOPMENT COMMITTEE)
1. ORDINANCE CREATING THE ELIZA ISLAND COMPREHENSIVE
PLAN AND CREATING CHAPTER 20.35 OF THE ZONING
ORDINANCE, ELIZA ISLAND DISTRICT (AB94 -263)
Nelson moved adoption of the ordinance.
Motion carried unanimously.
(ITEMS 2 -3 -- NO COMMITTEE ASSIGNMENT)
2. ORDINANCE ADOPTING INTERIM URBAN GROWTH AREAS IN
ACCORDANCE WITH THE GROWTH MANAGEMENT ACT, AS
AMENDED (COUNCIL WILL ESTABLISH INTERIM BOUNDARIES
FOR ALL CITIES IN WHATCOM COUNTY) (AB94 -090)
Starkenburg moved to adopt the substitute ordinance.
Harris moved to amend the substitute ordinance on page 3, line 21 to strike the
words "along with several'. On line 22 following the word "zoning ", add "will be studied ".
Motion to amend carried unanimously.
Henderson moved to amend the substitute ordinance by striking on page 5, line 21
"Exhibit A" and at the end of the sentence add "that special study areas included in Exhibit
A." A' new Section 2 should be added to read, "Areas of special study are identified in
Exhibit Al.", with later sections renumbered accordingly.
Motion to amend carried unanimously.
Starkenburg moved to amend the substitute ordinance on page 5, item 3, line 18 so
that it reads as follows: Item 4 (under "Conclusion ") "The special areas described in Exhibit
C should be further studied prior to adoption of the final IUGA." On page 6, line 10, add
Section F that reads: "The attached list of special areas (Exhibit C) shall be further studied
Regular Council Minutes, 5/24/94, Page 4
prior to adoption of the final IUGA."
Motion to amend carried unanimously.
Henderson moved to amend the substitute ordinance on page 5, line 6 to insert
"patterns and regulations" after the word "development" and delete the word 'other."
Motion to amend carried unanimously.
Henderson moved to amend the substitute ordinance using the same language on
page 5, line 9 to read "existing zoning within the proposed IUGAs together with other
development ", striking 'other" and adding the words "patterns and regulations ".
Motion to amend carried unanimously.
Brenner moved to amend the substitute ordinance by removing the area west of
Mecklam Road from IUGA to special areas and have the staff correct the maps accordingly.
Motion to amend carried unanimously.
Brenner moved to amend the substitute ordinance by removing from IUGA all the
area east of the freeway in Ferndale and south of the river and moving it into an area of
speical study.
Motion to amend carried 6 -1 with Imhof opposed.
Henderson moved to amend the substitute ordinance by removing the L- shaped
parcel by Everson as marked on Dan Taylor's map as "A" from IUGA. The area is further
described as the area south of Everson and east of the river, which Everson had previously
agreed to delete.
Motion to amend carried unanimously.
Brenner moved to amend the substitute ordinance by including in special study areas
the property owned by Jim and Carol Hitz on Hannegan Road in the Bellingham fringe.
Motion to amend carried unanimously.
Henderson moved to amend the substitute ordinance to include the agricultural area
north of Lynden as a special study area.
Henderson withdrew the motion.
Regular Council Minutes, 5/24/94, Page 5
Nelson moved to amend the substitute ordinance to remove from IUGA the Lincoln
Road area below Drayton Harbor and include it in the special study areas until issues of
water resources are resolved, in particular the Dakota Golf Course area.
Motion to amend carried unanimously.
Brenner moved to amend the substitute ordinance by removing the land at the west
end of Lincoln Road near West Semiahmoo and place it in special study areas.
Brenner withdrew her motion.
Motion to adopt the amended substitute ordinance carried unanimously.
3. REQUEST FROM EXECUTIVE FOR DISCUSSION OF A REPORT ON
A PROPOSED HUMAN SERVICES DEPARTMENT (AB94 -257)
Executive Shirley Van Zanten spoke to her report (on file) recommending against
reorganization and creation of a Human Services Department.
Imhof moved not to pursue Human Services reorganization for another 12 months
until it is better [sic] apparent how Health Care Reform will impact these departments'
operations.
Motion carried 6 -1 with Brenner opposed.
(ITEMS 4 -5 SCHEDULED FOR FINANCE & PERSONNEL COMMITTEE)
4. ORDINANCE AMENDING THE 1994 BUDGET, REQUEST NO. 4 (AB94 -261)
(FINANCE)
Starkenburg moved to adopt the ordinance.
Starkenburg moved to amend the supplemental request on page 225, line 4 of the
Council packet, Attachment A, item 4, changing the title of Chief Accountant to that of
Chief Deputy Auditor and eliminate the (1.0) FIFE reduction for that item and further (item
5) an additional 1.0 FTE Field Auditor entirely.
Motion to amend carried unanimously.
Starkenburg moved to amend the ordinance on page 241 to 246 (Supplemental #4)
of the packet to withdraw the $25,0000 expenditure from Current Expense Fund that was
to be transferred to Combined Treatment.
Motion to amend carried unanimously.
Regular Council Minutes, 5/24/94, Page 6
Brenner moved to seek an attorney general's opinion on whether or not Drug Fund
money can be used for Combined Treatment.
Motion carried unanimously.
Starkenburg moved to delete $32,000 for the Solid Waste Manager Program and refer
it to Finance Committee.
Motion to amend failed 2 -5 with Brenner and Nelson in favor.
Dawson moved to approve the above $32,000 with the understanding that the title
and duties are going to be modified in the next three to six months.
Motion to adopt the ordinance carried 6 -1 with Brenner opposed.
5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO A CONTRACT FOR TEMPORARY HEARING EXAMINER
SERVICES WITH LANGABEER, TULL & CUILLIER FOR $6,000 (AB94-
199) (TABLED AT THE 5/10 MEETING)
Starkenburg reported that this item was kept in Committee.
INTRODUCTION ITEMS (COUNCIL ACTION WILL NOT BE TAKEN
THE COUNCIL MAY ACCEPT THESE ITEMS FOR INTRODUCTION (NO ACTION) IN A SINGLE MOTION. CHANGES, IN
TERMS OF COMMITTEE ASSIGNMENT FOR EXAMPLE, MAY BE MADE AT THIS TIME.
1. RECEIPT OF PETITION TO VACATE A PORTION OF PRINCE AND
GERMAN STREETS, FILED BY STEPHEN A. SMITH (AB94 -267) (HEARING
TO BE SCHEDULED)
2. RECEIPT OF APPLICATION OF OPEN SPACE /TIMBER LAND, FILED
BY STEVEN B. AND LOIS BUCKNER (AB94 -233) (REFER TO
PLANNING COMMISSION)
3. RECEIPT OF APPLICATION FOR CLASSIFICATION OF LAND AS
OPEN SPACE /TIMBER, FILED BY SCOTT AND ANDREA THOMPSON
(AB94 -279) (REFER TO PLANNING COMMISSION)
4. RECEIPT OF PETITION TO FORM A ROAD IMPROVEMENT
DISTRICT ON ACADEMY ROAD (FILED BY PHIL SERKA) (AB94 -266)
Henderson moved to accept the introduction items as presented.
Motion carried unanimously.
Regular Council Minutes, 5/24/94, Page 7
COUNTY -WIDE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS
THE COUNTY COUNCIL SERVES AS THE BOARD OF SUPERVISORS FOR THIS
DISTRICT. BECA USE THE DISTRICT IS A SEPARATE GOVERNMENTAL UNIT, THE
COUNCIL MUST ADJOURN OR RECESS ITS COUNCIL MEETING AND CALL TO
ORDER A MEETING OF THE COUNTY -WIDE FLOOD CONTROL ZONE DISTRICT
BEFORE TAKING ACTION.
CALL TO ORDER
ACTION ITEMS:
(ITEMS 1 -3 SCHEDULED FOR COUNCIL'S FINANCE & PERSONNEL COMMITTEE)
1. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ACCEPT A SCOPE OF WORK AND FEE AS PROPOSED BY
GEOENGINEERS, INC. AND TO INCORPORATE BY LETTER OF
AUTHORIZATION AN AMENDMENT INTO EXISTING CONTRACT
9403031 FOR $29,646 (AB94 -289)
Starkenburg moved to approve of the item.
Motion carried unanimously.
2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ACCEPT THE SCOPE OF WORK AND FEE AS PROPOSED BY KCM
FOR WORK ORDER #3 AND TO INCORPORATE THE ORDER INTO
EXISTING CONTRACT #9310013 BY EXECUTING AMENDMENT NO.
2 FOR $146,656 (AB94 -290)
Starkenburg moved to approve of the item.
Motion carried unanimously.
3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT WITH CM TRUCKING AND CONSTRUCTION,
INC., FOR CONSTRUCTION OF CHANNEL AND STREAM BANK
REPAIRS (GLACIER SPRINGS /CANYON CREEK FLOOD DAMAGE
REPAIR) FOR $660,932.59 (FEMA BEARING MAJOR PORTION OF
COST; SOME BY GLACIER SPRINGS HOME OWNERS ASSOCIATION;
COUNTY SHARE: $67,375) (AB94 -291)
Starkenburg moved to approve of the item.
Motion carried unanimously.
Regular Council Minutes, 5/24/94, Page 8
ADJOURN
The Council reconvened its meeting.
ADDENDUM ITEM:
OTHER ITEMS:
6. APPOINTMENT BY COUNCIL OF JOBS BASED ECONOMY ADVISORY
COMMITTEE MEMBERS (AB94 -156B)
Harris moved to move Robin Dexter from the business and development category
to the industry category of nominees.
Motion failed 2 -5 with Henderson and Harris in favor.
The Council determined it would make appointments for each of the three categories
by calling roll, and each Council Member would state his /her preferred appointees. People
receiving four or more votes will be appointed. The categories of membership with the roll
call votes of each member follow. See the file for the roll call sheet and full names of
nominees.
Four Business and Development Organization Representatives:
Imhof voted for Anderson, Ripley, Geyer and Cutbill.
Henderson voted for Jones, Anderson, Dexter and Cutbill.
Harris voted for Ripley, Dexter, Cutbill and McGowan.
Dawson voted for Wiesen, Ripley, Geyer and Swanson.
Brenner voted for Wiesen, Anderson, Dexter and Cutbill.
Nelson voted for Wiesen, Jones, Anderson and Ripley.
Starkeburg voted for Wiesen, Anderson, Ripley and Cutbill.
Imhof announced that the four appointees would be Bob Wiesen, Art Anderson,
Wendy Ripley and Peter Cutbill.
Three Industry Representatives:
Imhof announced that since only three nominees existed, a roll call vote was
unncessary and that Dave Blair, Dennis Fox and Fred Haskell would be appointed by
default.
Two Citizen Representatives:
Starkenburg voted for Chinn and Hunter.
Brenner voted for Chinn and Hunter.
Regular Council Minutes, 5/24/94, Page 9
Henderson voted for Hunter and Nachreiner.
Harris voted for Hunter and Nachreiner.
Nelson voted for Chinn and Hunter.
Dawson voted for Chinn and Hunter.
Imhof voted for Chinn and Hunter.
Imhof announced that Wayne Y. Chinn and Jerry Hunter would be appointed to
these positions.
The Clerk announced that for the record, a roll call vote on the three industry
representatives was required. Imhof called for a roll call vote, and Blaire, Fox and Haskell
were appointed by unanimous vote.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
THE NEXT COUNCIL MEETINGS WILL BEAT 7P.M. TUESDAYS, JUNE 7AND JUNE
14, 1994 IN THE COUNCIL CHAMBERS, 311 GRAND AVENUE.
Georgia - Pacific Proposed Landfill (AB93 -294): Nelson moved to discuss this matter
in executive session.
Motion carried unanimously.
The Council moved to the Council Committee Room to discuss the matter in closed
door session, returning after 15 minutes. No action was taken.
Water Users Steering Committee (AB94 -305): Harris reported that related issues
would be discussed at the June 14 Water Resources Committee meeting.
President's National Economic Council on Cross - Border Issues (AB94 -300):
Henderson reported that he addressed this council at a special meeting at the City Hall last
week. He discussed the Cascadia Group and related issues.
Washington State Association of Counties' Conference: Dawson reported that she
would attend the session in mid -June.
Northwest Air Pollution Authority: Imhof reported that the budget was set.
Regular Council Minutes, 5/24/94, Page 10
ADJOURN
The meeting was adjourned at 10:50 p.m.
Respectfully submitted,
ri 4 , � " / � �'
Ramona Re ves, Recording Secretary
These minutes were approved by the Council on August 9
1994.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
/e jpj�'a j
Ramona Reeves, C-Te—rk of the Council Ro4ert Imhof, Co 'Chair
Regular Council Minutes, 5/24/94, Page 11