Loading...
HomeMy WebLinkAboutCouncil July 27 1993WHATCOM COUNTY COUNCIL Regular Meeting July 27, 1993 The meeting was called to order shortly after 7 p.m. in the Council Chambers, 1000 N. Forest Street, by acting Council Chair Ken Henderson. Also Present: Absent: Dan Warner Marge Laidlaw Dennis Vander Yacht Larry Harris Bob Imhof Barbara Brenner Henderson announced that Laidlaw would be absent. READING AND APPROVAL OF MINUTES of the July 6 and 13 meetings. The minutes of the July 6 meeting were withdrawn from the agenda. WARNER MOVED TO APPROVE THE MINUTES FOR THE JULY 13 MEETING. The motion carried unanimously. OPEN SESSION (Comments relating to items not scheduled for a hearing are welcomed) This portion of the meeting will be limited to 20 minutes. Henderson read the hearings that would be taken up by the Council later in the meeting and invited people to speak on any other items at this time. No one spoke during open session. HEARINGS (Council action may be taken after a hearing) 1. ORDINANCE ORDERING THE PARTIAL CLOSURE AND TRAFFIC RESTRICTION OF ROOSEVELT ROAD BETWEEN TYEE DRIVE AND A POINT 250 FEET WEST OF TYEE DRIVE IN POINT ROBERTS, WASHINGTON (AB93 -242) Engineer Ed Henken made a few introductory comments. The hearing was opened. Council Minutes, 7/27/93, Page 1 Dan Levy < ? >, 1728 Edwards Drive, chair of the Point Roberts Transportation Committee: Summarized the process followed in making the recommendation to partially close Roosevelt Road. He spoke to the "U.S. Only" proposal which would have provided for a traffic lane open to U.S. citizens only. A license plate lane seemed to be an easy way to track citizenship, he said, explaining further. Howard Karas < ? >, 649 Marine Drive, Point Roberts: Freeman Beach Property Owners Association. Felt the proposal to restrict use. of a border lane to U.S. citizens is discriminatory. He felt all property owners should'be allowed to "queue jump" as well. Victor Stusiak, Burnaby, B.C.: He owns property on Point Roberts and is making a presentation on behalf of the Maple Beach Property Owners Association. The Association asked that the Council reject the recommendation of the Point Roberts Transportation Committee and that problem be referred back to a committee made up of U.S. and Canadian citizens. He said the Council does not have authority to pass the ordinance as submitted. He quoted State and Federal law to support his assertion. Dan Levy: He spoke about precedents set at other border crossings. Sheila Larson, 9019 Lyra Place, Burnaby, B.C.: Another Point Roberts property owner. If Roosevelt West is closed, drivers who cannot use the road will cut through the neighborhood their Point Roberts home is in. She presented a petition (on file) from residents of the Sunrise Terrace subdivision, which has seven homes in it. Helen Cunningham, Cedar Point, Point Roberts: President of the Point Roberts Taxpayers Association. She distributed a petition prior to the start -of the meeting (on file). She felt that all residents should be treated in exactly the same manner. The Association would volunteer to monitor and process stickers, if that system were used. Kirk Larson, 1544 Churchill Drive: He said he has been in long line -ups at the border many times, and he spoke about the frustration involved with the unpredictability of . the lines and the people who block intersections while waiting in line. Cars speed through sub - divisions to avoid traffic bottlenecks. Bill Leewarne, 263 Bayview, Point Roberts: Former council member and mayor of Burnaby, B.C. Spoke against there being a priviledged class of people who wish to cross .the border. Cautioned against acting without getting a legal opinion on the ordinance. He urged the Council to vote down the ordinance. He also indicated a legal challenge would be made if the ordinance were adopted. Brenner commented that she did not appreciate threats. The hearing was closed. Council Minutes, 7/27/93, Page 2 BRENNER MOVED TO ACCEPT THE RECOMMENDATION FOR THE LANE AND TO ADOPT THE ORDINANCE. Brenner spoke to the discrimination issue. She noted that some countries don't allow citizens of other countries to buy land. Vander Yacht said he would vote against the ordinance because he felt it was discriminatory in spirit. Warner agreed with Vander Yacht, although he certainly sympathized with Point Roberts residents who suffer from traffic woes. Motion failed 5 -1, with Brenner in favor of the motion. Brenner asked about the neighborhood problems. Henderson said he believed Engineering should continue to work with residents to solve those problems. 2. ORDINANCE AMENDING COUNTY CHARTER TO BE SUBMITTED TO THE PEOPLE REGARDING DUTIES OF THE AUDITOR AND TREASURER (AB93 -220) Henderson explained the evolution and intent of the ordinance. He opened the hearing. No one spoke, and the hearing was closed. WARNER MOVED THAT THE ORDINANCE BE ADOPTED TO BE PUT ON THE FALL ELECTION BALLOT TO DETERMINE WHETHER PEOPLE WISH TO CHANGE THE FINANCIAL STRUCTURE OF THE COUNTY. Motion carried unanimously. 3. ORDINANCE AMENDING THE CHARTER TO BE SUBMITTED TO THE VOTERS CHANGING THE .COUNTY EXECUTIVE TO AN APPOINTED COUNTY MANAGER (AB93 -221) The hearing was opened. Richard Gilda, 2727 Jensen Road, Bellingham: Asked questions about the ordinance, including what remedies were available to address administrative abuses short of changing the Charter. Henderson explained the intent of the ordinance. Brenner stated her feelings that better checks and balances would result. Gilda wanted to know how no checks and balances could exist. Warner said there are checks and balances, pointing to the County reorganization, budget controls, etc. He said there are merits to the proposal, but there are checks and balances. Gilda asked about veto authority for the Council over the county manager. Brenner, Henderson and Warner responded. Gilda said he does not feel this is the proper time to take responsibility from the hands of the citizens. Let citizens elect people to the position, and the Council should seek balance in another way. Council Minutes, 7/27/93, Page 3 Frank Winslow, 433 17th Street, Bellingham: Spoke in favor of the ordinance and the Charter amendment. His experience with the County Executive Office is restricted to a certain extent, but in those experiences he would much prefer to have a member of the Council be making policy and let the administrator administrate. The hearing was closed, but shortly thereafter it was reopened. Conrad Vance, 1835 Marine Drive, Bellingham: There is an abandoned vehicle law in the County, and he has a problem in the Marietta area with a neighbor's 15 junk vehicles. Henderson suggested he speak with the Sheriffs "Office. Brenner noted this had been discussed in the Public Services Committee and would be taken up there. BRENNER MOVED TO ADOPT THE ORDINANCE. Brenner spoke to her motion, as did Imhof, Vander Yacht, and Warner. WARNER MOVED TO ADD TO LINE 1 ON PAGE 5 OF THE ORDINANCE: THE COUNTY MANAGER TERM SHALL COMMENCE ON JANUARY 1, 1995 AT THE CONCLUSION OF THE PRESENT ELECTED EXECUTIVE'S TERM. Council Budget .and Program Analyst Bob Woods pointed out the amendment was already addressed in the ordinance. Warner withdrew his motion. Warner said the implications of the whereas' are unduly critical of the executive. Harris said he supports the ordinance. He sought reassurance that the Charter could be amended and that the changes would be valid. Deputy Prosecutor Dan Gibson said it's not pretty, but it will fly. BRENNER MOVED TO ALLOW THE COUNCIL, BY SUPERMAJORITY, TO OVERRIDE THE APPOINTED MANAGER. Motion failed 4 -2 with Brenner and Vander Yacht in support. Henderson said he supported putting this on the ballot, that the public needs to choose the form of government. Gibson commented. Under the section on "hiring," Gibson asked that line 4 of page 44 the word supermajority be clarified. WARNER MOVED TO AMEND THAT LINE TO READ THAT IT BE A FIVE VOTE OF THE COUNCIL. Woods pointed out there were other places in the ordinance where this should be clarified. WARNER AMENDED HIS MOTION TO INCLUDE THE SAME CHANGE ON LINE 11 OF THAT SAME PAGE. Council Minutes, 7/27/93, Page 4 Motion to amend carried unanimously. Motion to adopt the amended ordinance carried unanimously. 4. ORDINANCE PROPOSING A CHARTER AMENDMENT TO BE SUBMITTED TO THE VOTERS TO REVISE COUNCIL ELECTIONS TO SOLELY VOTING BY DISTRICT (AB93 -251) The hearing was opened. Marlene Dawson, Salt Spring Drive: She spoke in favor of the ordinance. Richard Gilda: He voiced strong support for the ordinance. Mike Hollander, E. Hemmi Road: He spoke in favor of the ordinance. The hearing was closed. IMHOF MOVED APPROVAL OF THE ORDINANCE.. Comments were made by Imhof, Brenner, Henderson and Vander Yacht. Motion failed 3 -3, with Vander Yacht, Imhof and Brenner in favor. 5. ORDINANCE AMENDING THE CHARTER TO ALLOW A CHARTER COMMISSION TO BE FORMED EARLIER THAN EVERY 10 YEARS (AB93 -289) Henderson made introductory comments, then opened the hearing. No one spoke and the hearing was closed. WARNER MOVED ADOPTION OF THE ORDINANCE. Motion carried 6 -0. 6. DECISION ON PETITION TO VACATE AN ALLEY OFF SEHOME AVENUE BETWEEN BLOCK 1 AND 2, FILED BY DEAN W. CURTIS (AB93 -088) The hearing was opened. Robert. Jukes, Bellingham: He said he felt closure of the alley would land -lock his property. He clarified for Henderson that this currently is the only access to his property Council Minutes, 7/27/93, Page 5 and that it is an alleyway. Dean Curtis, 1523 Fairview, Bellingham: He said he owns the property on both sides of the alleyway, and the alleyway has never been opened. He said there is other access to the property. The hearing was closed. Henken said since this is a turn -of -the- century plat, the right of the County is gone. Private easement rights may be still under dispute, but the County's right to open the road is gone. Henken spoke to Puget Power's request to have an easement, but Henken said the County had nothing to give them. IMHOF MOVED TO APPROVE THE VACATION. Motion carried unanimously. 7. ORDINANCE EXPANDING THE USE OF AIRCRAFT LANDING AREAS TO ALLOW OPERATION OF AIRCRAFT FOR PERSONAL USE IN THE AGRICULTURE AND RURAL ZONES AS A CONDITIONAL USE AND TO ADD SECTIONS ALLOWING AIRCRAFT LANDING AREAS AS A CONDITIONAL USE IN THE RURAL FORESTRY AND COMMERCIAL FORESTRY ZONES AND AS AN ACCESSORY USE IN THE COMMERCIAL FORESTRY ZONES (AB93 -213) The hearing was opened. Diane Munson, 4123 Deming Road: She submitted a letter (the Clerk did not receive a copy). She spoke to the agriculture portion of the proposed amendment. She asked the Council to vote against the proposed ordinance. Fred Miller, no address: He spoke about the use of float planes in Lake Whatcom and other areas, and the problems associated with that. He said there are similarities to the current proposal and urged the ordinance be turned down. Imhof commented, as did Henderson and Brenner, who noted float planes already are allowed. Trisha Navarre, Deming Road: She opposed the proposal and noted that very few people have heard about this proposal. She expressed concern about the difficulty for citizens to be involved in the conditional use process. Imhof commented, saying he believed the ordinance actually makes more provisions for public notice than currently exist. Navarre said the "300 -feet rule" of notification in Hearing Examiner conditional use reviews is not adequate. Brenner responded to Imhof. Paul Coleman, 1552 "Harksell Road, Ferndale: He spoke to the benefits of airstrips on property values. Council Minutes, 7/27/93, Page 6 Doug Sande, originator of the proposed text change: He stated that aircraft are a permitted use in an agricultural zone if the plane is for agricultural use. Now it is not okay to have a plane in the Agricultural Zone for personal use. Comments were made by Henderson and Warner. Emi ly Jackson, no address: She spoke against the ordinance. Brenner commented. Judy Sande, 5375 Mariotta Road: Ordinances are not set in stone, she said. She said if the Wright Brothers had had neighbors like ours we never would have set foot on the moon. Tiffany Anderson, no address: Adoption of the ordinance would be of benefit to her, she said. Diane Munson: She responded. Richard Herman, 2892 E. Smith Road: He said aircraft are more safe than they are portrayed by the media, and he also said concerns about a proliferation of airfields in the county are unfounded. Doug Sande: He asked a rhetorical question. Mr. (unintelligible) Strickland, no address: He spoke in favor of the ordinance and about the lack of complaints from his neighbors about his flying activities. Art Anderson, 5326 Williams Road: He lives to the east of Mr. Sande, and he does support the ordinance. Hank Brown, Sorenson Road, Everson: Has an aircraft and favors the ordinance. Lloyd Gerber, 3912 Silver Beach Ave., Bellingham: A conditional use permit would be a good deal, he said. He also spoke to safety issues. He favored the ordinance. Diane Munson: Spoke about individual abuses. The hearing was closed. Warner commented. IMHOF MOVED TO APPROVE THE ORDINANCE. Imhof commented on the testimony received and spoke in favor of the ordinance and the right to ask for a conditional use for aircraft landing areas. Brenner said she would like to amend the ordinance and to send it back to staff to come up with reasonable limits for use in these zones. Imhof responded, as did Taylor. Brenner commented further about helicopters. Council Minutes, 7/27/93, Page 7 BRENNER MOVED AN AMENDMENT TO ALLOW HELICOPTERS IN COMMERCIAL FORESTRY ZONING ONLY. Henderson commented. Brenner withdrew her amendment. Discussion ensued among Taylor, Henderson, Imhof, Warner, Harris and Brenner. WARNER MOVED TO REFER THIS MATTER TO THE PLANNING & DEVELOPMENT COMMITTEE, AND WHEN THIS IS DONE, NOISE ISSUES, QUESTIONS ABOUT NOTIFICATION AND HARRIS' CONCERNS ABOUT RECREATIONAL USE NEED TO BE EXAMINED. IMHOF WITHDREW THE MAIN MOTION. (CIedds, note: it appared the 0a ncli, at this paint, regardedwarziazs motion as ttje main motion.) BRENNER MOVED THAT THE COUNCIL GET AN AGRICULTURAL PRESERVATION COMMITTEE REPORT. Motion to refer carried. The Council took a three - minute break at 9:03 p.m. 8. RESOLUTION ADOPTING THE COMPREHENSIVE SIX YEAR ROAD PROGRAM FOR THE YEARS 1994 THROUGH 1999 (AB93 -217) Henken made a short presentation on the proposed road program, and he urged the Council to make its wishes known regarding the soon- to -be- developed one -year road program. Henderson asked about item 39, the Lake Louise /Lake Whatcom Connector. Henken said it is on hold; tiny amounts of money are included in case any action should be needed, he said. Warner asked about item 9, Lake Louise reconstruction, and its relation to the Lake Whatcom Connector and the plan of a few years ago to increase classification of Lake Louise Road. Henken responded. Imhof asked about flood - proofing Slater Road, and Henken responded. Brenner asked about the West Bakerview project, the Slater /Van Wyck connection, and the Smith Road project, and Henken responded. Harris asked about Lummi Shore Road, and Henken commented. Henderson opened the hearing. Becky Peterson, 1020 Austin: She spoke to the projects located in the Lake Whatcom watershed. She asked how the road program fits in with the goals and policies being put together for the watershed. Council Minutes, 7/27/93, Page 8 Sue Blake, Water Resource manager for the County: She expressed similar concerns to those mentioned by Peterson. Martin Keeley, Point Roberts: He spoke to the widening of Tyee Road. The Heron Committee is opposed to the proposal, he said. He touched on other border issues. sherrilyn wells, 1020 Geneva: She addressed the road projects in the Lake Whatcom area and urged the Council to not put the cart before the horse. Tim Hostetler, Lummi Indian Nation planner: He spoke about the Haxton Way project and safety concerns. He submitted a list of road projects (on file). Robert Burkitt, Council of Governments: He spoke to the Hannegan Road project and others. The hearing was closed. Harris asked Henken about coordinating the six -year program with other goals and policies in place for the County. Henken responded. Warner asked about the Lake Whatcom Connector again. WARNER MOVED TO APPROVE THE SIX YEAR ROAD PROGRAM. WARNER MOVED TO AMEND THE PROGRAM TO DELETE ITEM 39, THE LAKE WHATCOM CONNECTOR. He spoke to his motion to amend. Vander Yacht spoke to leaving it on the list. Henderson commented. Motion to amend carried unanimously. BRENNER MOVED TO AMEND THE PROGRAM TO DELETE ITEM 43, THE SLATER /VAN WYCK CONNECTION. She spoke to her amendment. Imhof spoke against the motion. Henderson commented. Discussion ensued. Motion to amend failed with Brenner in favor. The motion to adopt the six -year road. program as amended carried unanimously. 9. ORDINANCE AMENDING THE CHARTER TO CORRECT SCRIVENER'S ERRORS (AB93 -248) Council Minutes, 7/27/93, Page 9 The hearing was opened. No one spoke, and the hearing was closed. IMHOF MOVED TO APPROVE THE ORDINANCE. Motion carried unanimously. OTHER ITEMS (COUNCIL ACTION MAY BE TAKEN) (ITEM 1 -- NO COMMITTEE ASSIGNMENT) 1. NEW APPOINTMENT OF JIM NOTEBOOM TO THE WHATCOM COUNTY HOUSING AUTHORITY FOR A FIRST FIVE -YEAR TERM, FROM 4/19/93 TO 4/18/98 (AB93 -303) WARNER MOVED TO APPOINT NOTEBOOM TO THE HOUSING AUTHORITY. Motion carried unanimously. (ITEMS 2 -- SCHEDULED FOR FINANCE & PERSONNEL COMMITTEE) 2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A TWO -YEAR CONTRACT WITH KEY BANK OF WASHINGTON FOR BANKING AND CUSTODIAL SERVICES (JANUARY 1, 1994 TO DECEMBER 31 1995), BASED ON A PER TRANSACTION CHARGE (ESTIMATED TO BE OVER $25,000 PER YEAR) (AB93 -305) Imhof reported that on behalf of the Finance Committee that the committee recommended approval of the request. IMHOF MOVED TO APPROVE THE REQUEST. Warner and Imhof commented. Motion carried uannimously. 3. REQUEST FOR THE EXECUTIVE TO ENTER INTO A LEASE AGREEMENT WITH NORTHWEST DEVELOPMENT I FOR AUDITOR'S SPACE AT 3975 IRONGATE ROAD FROM AUGUST 3, 1993 TO AUGUST 2, 1994 AT THE RATE OF $1,062 PER MONTH (AB93 -306) Imhof reported that the Finance Committee recommended approval of the amended proposal (for a lesser increase). Council Minutes, 7/27/93, Page 10 IMHOF SO MOVED. Motion carried unanimously. 4. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM COUNTY SURPLUS PROPERTY AND THE SETTING OF A DATE FOR PUBLIC HEARING THEREON PURSUANT TO WCC 1.10 (AB93 -307) Imhof reported the Finance Committee recommended approval. IMHOF SO MOVED. Motion carried unanimously. 5. ORDINANCE AMENDING CERTAIN SECTIONS OF THE WHATCOM COUNTY CODE TO CORRECT SCRIVENER'S ERRORS AND /OR UNCLEAR TEXT AMENDMENTS (AB93 -246) Imhof reported that the Finance Committee recommended approval. IMHOF SO MOVED. Motion carried unanimously. 6. ORDINANCE AMENDING VARIOUS SECTIONS OF THE WHATCOM COUNTY CODE TO ELIMINATE OUT -OF -DATE REFERENCES TO "COUNTY COMMISSIONERS" (AB93 -247) Imhof reported that the Finance Committee recommended approval as amended. IMHOF MOVED ADOPTION OF THE ORDINANCE WITH AN AMENDMENT AS FOLLOWS: PAGE 160, LINE 1 OF THE PACKET SHOULD READ ".. WHATCOM COUNTY EXECUTIVE ENTERS INTO AGREEMENTS ON BEHALF OF TB DEVELOPMENT, CONSTRUCTION AND OWNERSHIP.." The motion to adopt the amended ordinance carried unanimously. 7. ORDINANCE REPEALING SECTION 2.34 OF THE WHATCOM COUNTY CODE, REGARDING THE COMMUNITY RECREATION COMMISSION (AB93 -259) IMHOF MOVED TO ADOPT THE ORDINANCE. Council Minutes, 7/27/93, Page 11 Motion carried unanimously. 8. ORDINANCE REPEALING SECTION 2.52 OF THE WHATCOM COUNTY CODE REGARDING THE MULTIPURPOSE COMMUNITY CENTER (AB93 -260) IMHOF MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 9. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.21, BOARD OF EQUALIZATION, TO REFLECT PAY INCREASE AUTHORIZED BY COUNTY COUNCIL IN 1992 (AB93 -224) IMHOF MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 10. RESOLUTION REGARDING BOARD OF EQUALIZATION MEMBER'S PAY INCREASES AS AUTHORIZED IN 1992 (AB93 -224A) IMHOF MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 11. ORDINANCE AUTHORIZING AMENDMENT NO. 11 TO THE 1993 BUDGET (AB93 -288) IMHOF MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. BRENNER MOVED TO AMEND THE ORDINANCE TO AMEND THE NUMBER OF FULL TIME EQUIVALENTS IN THE AUDITOR'S DEPARTMENT FROM 2TO3. Forslof responded. Brenner withdrew her amendment. Motion carried unanimously. (ITEM 12 SCHEDULED FOR PUBLIC SERVICES & SOLID WASTE COMMITTEE) 12. DISCUSSION OF LUMMI SHORE ROAD PROJECT (ACTION NEEDED IN NEAR FUTURE) (AB93 -147) Council Minutes, 7/27/93, Page 12 Jeff Monsen, Public Works Office, gave a short presentation on the project and distributed a document (on file). He asked the Council to concur that staff is headed in the right direction in order to help solidify the interlocal agreement with the Lummi Indian Tribe. Imhof reported that the Committee recommends to offer their support of this couirse of action by the staff. Harris commented on one portion of the document and asked about funding issues. Monsen responded. HENDERSON MOVED FOR THE SUPPORT OF THE STAFF TO CONTINUE WORKING ON THE LUMMI SHORE ROAD PROJECT. Motion carried unanimously. (ITEM 13 SCHEDULED FOR PLANNING & DEVELOPMENT COMMITTEE) 13. CONSIDERATION OF A TEXT AMENDMENT CHANGE TO ADDRESS OMITTED USES IN GENERAL MANUFACTURING DISTRICTS THAT ARE INCLUDED IN GENERAL COMMERCIAL AND LIGHT IMPACT INDUSTRIAL (LII) DISTRICTS (AB93 292 - WARNER MOVED TO RECOMMEND THE COUNCIL CONCUR WITH INTERPRETATION GIVEN BY STAFF. Motion carried 5 -1 with Harris opposed. ADDENDUM: 14. SCHEDULING OF A PUBLIC HEARING TO -CONSIDER REVISING THE BEACON GROUP CONCOMITANT AGREEMENT (AB93 -314) (ALSO SCHEDULED FOR PLANNING & DEVELOPMENT COMMITTEE) Warner reported that Planning and Development reviewed the request. WARNER MOVED TO SCHEDULE A HEARING ASAP TO CONSIDER AN AMENDMENT TO CONCOMITANT AGREEMENT WITH BEACON /TRILLIUM RELATED TO TIME FRAME OF PURCHASE OF PROPERTY, LIMITING THE PUBLIC HEARING TO THAT ISSUE. Motion carried unanimously. INTRODUCTION (NO ACTION AT THIS TIME) 1. RECEIPT OF APPLICATION FOR TRANSFER FROM OPEN SPACE /AGRICULTURE TO OPEN SPACE /OPEN SPACE, FILED BY HUGH AND JUDY ANSLEY (AB93 -293) (SUGGESTED REFERRAL TO Council Minutes, 7/27/93, Page 13 PLANNING COMMISSION FOR REVIEW) ON FILE 2. RECEIPT OF PETITION FOR A FIBER OPTIC CABLE FRANCHISE, FILED BY JOHN NESBITT, STARCOM (AB93 -298) ON FILE 3. APPEAL OF THE HEARING EXAMINER'S DECISION ON THE GEORGIA - PACIFIC LANDFILL PERMIT (AB93 -294) (ON FILE PENDING RECEIPT OF TRANSCRIPT) ON FILE 4. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM COUNTY SURPLUS PROPERTY PURSUANTTO WCC 1.10 (AB93 -307A) (HEARING TO BE SCHEDULED) ON FILE 5. ORDINANCE IMPOSING A SUPERIOR COURT FILING FEE SURCHARGE AND A MARRIAGE LICENSE FEE SURCHARGE TO FUND FAMILY LAW COURTHOUSE FACILITATOR SERVICES (AB93- 309) (HEARING TO BE SCHEDULED) ON FILE 6. ORDINANCE AMENDING THE FOOTHILLS SUBAREA COMPREHENSIVE PLAN AND THE OFFICIAL ZONING ORDINANCE TO ALLOW ONE PRIVATE, NON - COMMERCIAL RECREATIONAL VEHICLE OR MOBILE HOME PER LOT WITHIN PRE - EXISTING RECREATIONAL SUBDIVISIONS AS A PERMITTED USE IN THE URBAN RESIDENTIAL AND RESIDENTIAL RURAL DISTRICTS IN THAT SUBAREA, AS WELL AS AMENDING THE FOLLOWING WHATCOM COUNTY CODE SECTIONS RELATING TO THIS CHANGE: TITLE 20.94 REGARDING ENFORCEMENT AND PENALTIES; AND TITLE 20.97, REGARDING DEFINITIONS AB93 -310 (SUGGESTED REFERRAL TO PLANNING & DEVELOPMENT) ON FILE 7. ORDINANCE AMENDING THE ZONING ORDINANCE TO ADD SECTION 20.72.280 ALLOWING 50 PERCENT OF THE TOTAL PERMITTED DWELLING UNITS AS RESORT - ORIENTED TRANSIENT ACCOMMODATIONS IN A PLANNED UNIT DEVELOPMENT OF AT LEAST 200 ACRES OF URBAN RESIDENTIAL OR URBAN RESIDENTIAL MEDIUM DENSITY DESIGNATED LANDS WHERE 50 PERCENT OF LAND AREA REMAINS IN OPEN SPACE RELATING TO LILY POINT (AB93 -163A) (SUGGESTED REFERRAL TO PLANNING & DE LOPMENT) ON FILE WARNER MOVED TO RECESS THE COUNCIL MEETING AND CONVENE THE MEETING OF THE GOVERNING BODY OF THE LAKE MANAGEMENT DISTRICT. Motion carried unanimously. GOVERNING BODY. LAKE MANAGEMENT DISTRICT NO. 1. LAKE SAMISH THE COUNTY COUNCIL ALSO SERVES AS THE GOVERNING BODY 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 LAKE MANAGEMENT DISTRICT NO. 1 BOARD BEFORE TAKING ACTION. ACTION: RESOLUTION TO ALLOW FOR THE EXTENSION OF TERM LIMITS OF THE LAKE MANAGEMENT DISTRICT Council Minutes, 7/27/93, Page 14 NO. 1 (AB93 -265) WARNER MOVED APPROVAL OF THE RESOLUTION. Motion carried unanimously. WARNER MOVED TO ADJOURN THE LAKE MANAGEMENT DISTRICT MEETING AND RECONVENE AS THE COUNTY COUNCIL. Motion carried unanimously. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS THE NEXT COUNCIL MEETINGS WILL BE AT 7 P.M. TUESDAY, AUGUST 3 AND 10, 1993 IN THE COUNCIL CHAMBERS, 1000 N. FOREST STREET. Lake Whatcom Goals and Policies (AB93 -245) : Harris reported that the Water Resources Committee forwarded two motions for Council consideration: HARRIS MOVED THAT THE ACTION PLANS FROM IMPLEMENTING TEAMS TO THE JOINT SUBCOMMITTEE WILL BE PRESENTED TO THE FULL JOINT COMMITTEE IN JOINT HEARINGS. Brenner spoke in opposition to the motion. Motion failed with Imhof, Brenner and Vander Yacht opposed. Discussion continued on this item. BRENNER MOVED TO RECONSIDER THIS MOTION AT THE FIRST COUNCIL MEETING AFTER AUGUST 5. Motion carried unanimously. HARRIS MOVED THAT ALL TEAMS SHALL HAVE PUBLIC MEMBERS REPRESENTING A VARIETY OF PUBLIC INTEREST GROUPS TO BE SOLICITIED AND SELECTED BY TEAM LEADERS. There was discussion. Nate Brown, Buildings and Codes Manager, commented. Motion failed with Henderson, Warner and Harris opposed. Introduction of items on agendas (AB93 -426) : WARNER MOVED TO ELIMINATE READING ITEMS INTO THE RECORD. The clerk explained that in case of a lawsuit it is necessary to read into the record so that it can be verified that the agenda was not forged. Council Minutes, 7/27/93, Page 15 Motion carried 4 -2 with Vander Yacht and Harris opposed. Lot consolidation relief suggested by Ruby and Jerry White (AB93 -296) : The Planning and Development committee will work on this. Interlocal Agreement for the Northwest Regional 001mcil (MM) (AB93 -138) : Vander Yacht discussed possible amendments to the interlocal agreement, and Henderson joined in. Henderson asked for direction regarding adding a second Council Member to the membership of the Northwest Regional Council board. The NWRC reviewed our suggested amendments. They were not receptive to reducing their membership to one, indicating that often one of their members doesn't attend and that they wouldn't have continuity. They felt quite strongly about it. There is support by one of the commissioners,Tom Cowan (San Juan Island), the County Executive and Dewey Dessler for Whatcom County having two council people plus the Executive, which would give us an opportunity to at least have one present all the time. Brenner spoke against the idea. Henderson responded that he feels it harms Whatcom County when it doesn't have continuity of representation. Brenner suggested having an alternate. There was extensive discussion by the Council. It was determined that the Council would support having one member. HENDERSON MOVED THAT THE DIRECTION TO THE REPRESENTATIVES WOULD BE THAT WE HAVE A SINGLE COUNCIL PERSON FROM EACH OTHER COUNTY AND ONE FROM WHATCOM PLUS THE EXECUTIVE. The motion passed 5 -1 with Henderson opposed. Term limits on the advisory boards created by the Northwest Regional Council were then discussed. BRENNER MOVED TERM LIMITS OF THE ADVISORY BOARD MEMBERS BE LIMITED TO EIGHT YEARS. There was discussion. Motion carried 5 -1 with Henderson opposed. There was discussion of pulling out of the Northwest Regional Council. Brenner stated that Whatcom County's only recourse is to pull out if it doesn't agree. Vander Yacht said that it shouldn't be taken that lightly. Henderson said another issue was the dissolution of proceeds and assets. The amendment he wrote said it would be referred back to the County based on the contributions made unless it had to go somewhere else. They said that it would be more reasonable that they would determine this at the time depending on where the programs Council Minutes, 7/27/93, Page 16 went and which ones were deemed to be beneficial. The Council itself would determine the distribution of assets. The assets are only distributed if the entire operation is cancelled. If any one unit pulls out, the operation would still retain the assets (the remaining pieces). The most likely action that will occur if the County does pull out will be that Whatcom County will define its own Area Agency on Aging. HENDERSON MOVED THAT DISTRIBUTION OF ASSETS BE BY THE DECISION OF THE NWRC. Motion carried unanimously. Signs (AB93 -185): There was discussion of signs in the Courthouse. Mailings (AB93 -315) : Henderson said he would work with Brenner and Laidlaw to get some policy on the mailings from the Council Office. There were no other items and the meeting was adjourned at 10:50 p.m. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON e4',�'74-d� Ramona Reeves, Clerk of the Council Marge laidlaw, Council Chair Council Minutes, 7/27/93, Page 17