HomeMy WebLinkAboutCouncil March 19 1996WHATCOM COUNTY COUNCIL
Regular Council Meeting
March 19, 1996
The meeting was called to order at 7 p.m. by Council Chair Ward Nelson in the
Council Chambers, 311 Grand Avenue.
Also Present: Absent:
Marlene Dawson Alvin Starkenburg
Barbara Brenner
Tom Brown
Kathy Sutter
Robert Imhof
ANNOUNCEMENTS
Nelson announced that any additional information presented to Council members at
meetings also needs to be given to staff.
Nelson reported that Laurel Baldwin of the Noxious Weed Board requested an hour to
give a presentation on planning and budgeting for 1996. The consensus was to allow 20 minutes
at the next Council meeting.
Nelson also reported that during executive session, Council was briefed by its counsel on
the Hearing Examiner's appeal filed by Vince Germann (AB95 -506).
Brown moved to postpone this item until the next regular meeting.
Motion carried unanimously.
Nelson announced a staff presentation regarding Growth Management Act procedures
(AB95 -336), which took place during executive session. Advice and direction was given by its
counsel.
Another executive session item was discussion regarding Gail Kelley (AB96 -077). Imhof
announced Council will proceed and follow up with counsel's recommendation.
OPEN SESSION
The following people addressed the Council:
Corky Smith, Jr., Olivine Corporation: Olivine (AB96 -110)
Regular Council Minutes, 3/19/96, Page 1
Bob Wiesen, 3314 Douglas Road, Ferndale: Olivine (AB96 -110)
Corky Smith, Sr., Olivine Corporation: Olivine (AB96 -110)
Jim Leppala, 2365 Thornton Road, Ferndale: Olivine (AB96 -110)
James Berg, 805 North Garden Street: Olivine (AB96 -110)
Larry McCarter, RDS: RDS contract (AB96 -120)
Brian Parberry, NW Recycling: RDS contract (AB96 -120)
Jim Austin, RECOUP: RDS contract (AB96 -120)
Gerald Baron, RECOUP: RDS contract (AB96 -120)
CONSENT AGENDA
Imhof moved to approve items 1 -8.
Brenner requested to pull items 4, 5 and 6.
Dawson requested item #1 be pulled. This item failed in committee and was not
forwarded to the full Council. Imhof agreed that item #1 was intended to be withdrawn.
Motion to approve items 2, 3, 7 and 8 carried unanimously.
1. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER AN
AMENDMENT TO THE CONTRACT WITH RE SOURCES FOR 1996
EDUCATION AND PROMOTION PROGRAM FOR WASTE REDUCTION
AND RECYCLING/HOUSEHOLD HAZARDOUS WASTE (AB95 -481A)
Imhof reported that Finance and Administrative Services Committee recommendation was
unanimous denial of approval due to funds being withheld by RECOUP and CCR.
Motion to withhold additional funding until resolution of the situation carried 5 -1 with
Brenner opposed.
2. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A ONE
YEAR CONTRACT WITH SUN COMMUNITY CENTER FOR
RESIDENTIAL SERVICES FOR CHRONICALLY OR SERIOUSLY
MENTALLY ILL ADULTS IN WHATCOM COUNTY (AB96 -103)
3. REQUEST AUTHORIZATION TO AWARD DRY DOCKING FOR THE
WHATCOM CHIEF FERRY TO THE LOW BIDDER, DUWAMISH
SHIPYARD (AB96 -104)
4. REQUEST AUTHORIZATION TO AWARD THE PURCHASE OF TWO,
ONE -HALF TON 4X4 EXTENDED CAB PICKUPS FOR PUBLIC WORKS,
Regular Council Minutes, 3/19/96, Page 2
MAINTENANCE & OPERATIONS, TO THE LOW BIDDER DEWEY GRIFFIN
(AB96 -102)
Brenner moved to deny items 4, 5 and 6.
There was discussion on the motion. Dan Gibson, Council's counsel, recommended for
procedural purposes a positive motion instead of the offered negative one.
Brenner withdrew her motion.
Imhof moved to approve items 4, 5 and 6.
Motion carried 5 -1 with Brenner opposed.
5. REQUEST AUTHORIZATION TO AWARD THE PURCHASE OF THREE,
3/4 TON 4X4 PICKUPS FOR PUBLIC WORKS, MAINTENANCE &
OPERATIONS SIGN CREW TO THE LOW BIDDER, DEWEY GRIFFIN
(AB96 -105)
6. REQUEST AUTHORIZATION TO AWARD THE PURCHASE OF TWO, SMALL
EXTENDED CAB 4X4 PICKUPS FOR PLANNING & DEVELOPMENT SERVICES
TO THE LOW BIDDER, PIONEER FORD (AB96 -106)
7. REQUEST AUTHORIZATION TO AWARD THE PURCHASE OF
ASPHALTIC MIXES FOR ROAD MAINTENANCE & REPAIR TO
MULTIPLE BIDDERS CSR/ASSOCIATED SAND AND GRAVEL, JACK
CEWE LTD., WHATCOM BUILDERS AND WILDER CONSTRUCTION
COMPANY, INC. (AB96 -107)
8. REQUEST AUTHORIZATION TO AWARD THE PURCHASE OF
AGGREGATE CRUSHING OF SEAL ROCK TO BE STOCKPILED AT
VARIOUS WHATCOM COUNTY'S PITS TO THE LOW BIDDER
AGGREGATES WEST (AB96 -108)
PUBLIC HEARING
1. ORDINANCE AMENDING LAND CLEARING REGULATIONS IN TITLE 20,
THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE (AB96 -074)
(THIS ITEM ALSO SCHEDULED FOR DISCUSSION IN PLANNING AND
DEVELOPMENT SERVICES COMMITTEE)
Regular Council Minutes, 3/19/96, Page 3
Terry Galvin, Planning Department, presented a staff report. He gave a brief history of
the proposed ordinance and the reasons this ordinance is necessary. He introduced three members
of the Technical Advisory Committee (TAC).
Nelson opened the public hearing, and the following people spoke:
Sherilyn Wells, 1020 Geneva
Lesa Starkenburg, 1115 Front Street
Bob Wiesen, 3314 Douglas Road, Ferndale
Skip Richards
Pat Jones, 153 Soundview Road, TAC member
Hearing no one else, Nelson closed the public hearing.
Dawson moved to take no action at this time and put this in a work session next Tuesday,
March 26, at 1 p.m.
Motion carried unanimously.
2. REQUEST BY MARGARET CURTIS, P.E. (FOR P.J. MURRAY- JONES) FOR
A ONE YEAR EXTENSION OF A PRELIMINARY PLAT APPROVAL (AB96-
093)
Nelson opened the public hearing.
Margaret Curtis, Wilson Engineering, 805 Dupont
Hearing no one else, Nelson closed the public hearing.
Imhof moved for approval.
Motion carried unanimously.
OTHER ITEMS
1. BID AWARD TO THE BELLINGHAM HERALD FOR WHATCOM COUNTY'S
OFFICIAL NEWSPAPER AND AUTHORIZATION FOR THE COUNTY
EXECUTIVE TO SIGN A CONTRACT WITH THE BELLINGHAM HERALD FOR
SAME (AB96 -016A)
Imhof reported for Finance and Administrative Services Committee and moved approval.
Motion carried unanimously.
Regular Council Minutes, 3/19/96, Page 4
2. EMERGENCY ORDINANCE REQUESTING APPROVAL FOR SUPPLEMENTAL
FUNDS FOR CURRENT EXPENSE, PUBLIC DEFENDERS OFFICE IN THE
AMOUNT OF $61,470.00 DUE TO INCREASING CASELOADS (AB96 -109)
Imhof reported for Finance and Administrative Services Committee and moved approval.
Motion carried unanimously.
3. REQUEST AUTHORIZATION FOR EXECUTIVE TO APPROVE DESIGNATION OF
OLIVINE CORPORATION AS A SOLID WASTE DISPOSAL SITE CONSISTENT
WITH THE FLOW CONTROL ORDINANCE (AB96 -110)
Brenner reported for Public Works and Capital Projects Committee and moved approval.
Motion carried unanimously.
4. RESOLUTION AMENDING RESOLUTION 96 -002, CLARIFYING THE
INTENT OF WHATCOM COUNTY CODE 8.15, SOLID WASTE DISPOSAL
SITES, OTHERWISE KNOWN AS THE FLOW CONTROL ORDINANCE,
AND ESTABLISHING SOLID WASTE HANDLING PERFORMANCE
STANDARDS FOR MIXED SOLID WASTES (AB96 -014A)
Brenner moved approval of the resolution.
Brenner moved to amend page 1 (of the resolution), line 26, to strike the language: "...in
"...Resolution 96 -002 is no longer valid and must be amended in
wishes of the 6ountx council for the administration... ".
Motion to amend carried unanimously.
Brenner moved to amend page 3, lines 22 and 24, and page 4, lines 13 and 15, to read:
..........:
...as M".., listed below.
Motion to amend carried unanimously.
Brenner moved to amend page 4, line 30, to strike the word "drafted" and replace with the
word "r.,,
.... .............:.................
... ...............................
"... to be excluded will be drafted ir'J by SWAC and approved by the County
Council... ".
Regular Council Minutes, 3/19/96, Page 5
Motion to amend carried unanimously.
Brenner moved to amend page 4, line 32 through page 5, line 2 to strike the language:
"The Opermor acknowledges theeounty's. ability to create this fist and will accept the eounty's
amendment to Appendix B in this i egard. ".
Motion to amend carried unanimously.
Brenner moved to amend page 5 by striking lines 22 through 27: "BE !T- FUR�HfER
either. RESOL-VED that ail disposal site agreements exectited by theeounty prioy. to 0 f ay q 1 9 000
December 3 f, f 998) shall
:1 1
- .. ..... ...
11 1 91
�• • . • ■ fl�l�l l l Lly 1.1 rs
and page 6, lines 8 through 10:
Jnuua�sw�en�R�llensLR�i.�. Isla.. �urei�l�. aryl•A.71 rill E.ltieaa.Z!rnnr4ILI0
- - 1 . . . • . . .
1-m IR to .14 - -
These lines are to be replaced with the following language:
Motion to amend carried unanimously.
Main amended motion carried unanimously.
5. DISCUSSION AND POSSIBLE ACTION ON THE PROPOSED DISPOSAL
SITE AGREEMENT FOR RECYCLING AND DISPOSAL SERVICES, INC.
(RDS) (AB96 -120)
Jeff Monsen, Public Works, gave a brief staff report; as well as answered various
questions from Council.
Regular Council Minutes, 3/19/96, Page 6
Brenner moved approval of the contract.
Brenner moved to amend to replace on page 4 (of the agreement) the word "operator"
with "RECOMP/Bellingham Agreement ".
Motion to amend carried 5 -0 with Imhof out of the room.
Brenner moved to amend on page 9 to add clause 3.2.1 (vii) to specifically allow future
.... ... ..................
A n ix B « :....: ,<, »: ,::::.::.:..:: .::.:.:::...:.. >.: >:..:.::.::.; ....:...::
amendments to ppe d 1�.;c ux:sd >:t`i
Motion to amend carried 5 -0 with Imhof out of the room.
Brenner moved to amend on page 14, section 10.1 and 10. 3, to reduce the initial ceiling
rate from $100 to $80 per ton.
Motion to amend carried unanimously.
Brenner moved to amend on page 22, section 16.3.2, to delete: "Operator consents (does
not consent) to attorneys' fees and expenses being... ".
Motion to amend carried unanimously.
Brenner moved to amend on page 12, section 9.1.2 (last paragraph), to delete "may" and
replace it with "shall": "...the Manager, by written notice, may W# declare the Operator
ineligible to receive... ".
Motion to amend carried unanimously.
Brenner moved to amend by adding a section 10.8 (page 16) to read:
There was discussion on the motion.
Motion to amend carried unanimously.
Monsen addressed Appendix A. He then noted the Council has three options: refer this to
committee; rely on the demonstration (grace) period; or consider approval tonight, reducing the
capacity numbers to a comfortable value.
Regular Council Minutes, 3/19/96, Page 7
Dawson moved to refer this to committee in order to give time for the SWAC (Solid
Waste Advisory Committee) to meet. She noted there are some concerns about Appendix B.
There was discussion on the motion.
Motion to refer to committee carried 5 -1 with Brenner opposed.
6. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED APPROVAL OF
A PLANNED UNIT DEVELOPMENT FILED BY EIFORD AND EIFORD
DEVELOPMENT COMPANY FOR "BANNER BUSINESS PARK" (PUD95 -0002)
(GBS95 -0002) (AB96 -096)
Dan Gibson gave the Council options regarding action on this item.
Imhof moved to postpone for two weeks.
Motion to postpone carried unanimously.
7. CONSIDERATION ON APPEAL OF THE HEARING EXAMINER'S
DECISION ON INTERPRETATION OF THE ZONING ORDINANCE (APL95-
0015) FILED BY VINCE GERMANN (AB95 -506) (FROM 315)
See "Announcements ".
8. REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO
APPOINT BY ROSENFELD, NATALIE BROWN AND JEAN DANIELSON
TO THE MENTAL HEALTH ADVISORY BOARD WITH JAMES
MCRANDLE AS A DESIGNATED ALTERNATE (AB96 -111)
Dawson moved to approve by acclamation.
Motion carried unanimously.
9. REQUEST APPROVAL TO GRANT A CLASS A, C, E, F LIQUOR LICENSE TO
VALLEY MARKET & DELI LOCATED AT 2275 LAKE WHATCOM BLVD (AB96-
112)
Brenner moved approval.
Motion carried unanimously.
Regular Council Minutes, 3/19/96, Page 8
10. REQUEST APPROVAL TO GRANT A CLASS E & F LIQUOR LICENSE TO
JACKPOT FOOD MART LOCATED AT 4564 GUIDE MERIDIAN ROAD
(AB96 -113)
Brenner moved approval.
Motion carried unanimously.
11. REQUEST APPROVAL TO GRANT A CLASS H LIQUOR LICENSE TO
SHUKSAN GOLF LOCATED AT 1500 E. AXTON ROAD (AB96 -114)
This item was pulled from the agenda.
12. REQUEST APPROVAL TO GRANT A CLASS H & I LIQUOR LICENSE TO
THE DOCKSIDE CAFE AND GROTTO RESTAURANT LOCATED AT 713
SIMUNDSON DRIVE, POINT ROBERTS (AB96 -115)
This item was pulled from the agenda.
13. REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO
APPOINT MICHAEL T. KNAPP AS THE DIRECTOR OF PLANNING AND
DEVELOPMENT SERVICES (AB96 -116)
Pete Kremen, County Executive, gave a brief background of Mr. Knapp's
accomplishments and asked for Council confirmation of the appointment. Knapp briefly
addressed the Council.
Imhof moved approval of the confirmation.
Motion to confirm the appointment carried unanimously.
14. RESOLUTION PROCLAI IING THE WEEK OF APRIL 1-7,1996, PUBLIC HEALTH
WEEK (AB96 -117)
Brenner moved approval of the resolution.
Motion carried unanimously.
INTRODUCTION ITEMS
1. ORDINANCE AMENDING THE BUDGET, REQUEST #1 (AB96 -119)
Regular Council Minutes, 3/19/96, Page 9
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2. ORDINANCE AMENDING CHAPTER 16.16 (CRITICAL AREAS) OF THE
WHATCOM COUNTY CODE BY AMENDING ARTICLES II AND III AND
ADOPTING ARTICLES IX, X, XI, AND XII TO COMPLY WITH THE
WASHINGTON STATE GROWTH MANAGEMENT ACT (AB96 -118)
Imhof moved approval of the introduction items.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Sutter acknowledged several young guests.
Bob Woods, Council Budget and Program Analyst, informed Council the Interlocal
Subcommittee met last week. He pointed out Council must hold an executive session April 2 to
discuss some of the items that took place in that meeting. The subcommittee will meet March 27;
Imhof is unable to attend, so someone needs to take his :place.
ADJOURN
The meeting was adjourned at 8:53 p.m.
Mar6a Mason, Recor mg Secretary
These minutes were approved by the Council on June 11, 1996 , 1996.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
bana �. ; •r"' , L.
Regular Council Minutes, 3/19/96, Page 10