HomeMy WebLinkAboutCouncil March 28 19952
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WHATCOM COUNTY COUNCIL
Regular Council Meeting
March 28, 1995
The meeting was called to order at 7 p.m. by Chair Robert Imhof in the Council
Chambers, 311 Grand Avenue.
Also Present: Absent:
Barbara Brenner None
Marlene Dawson
Larry Harris
Alvin Starkenburg
Ward Nelson
Ken Henderson
OPEN SESSION
The following persons spoke at open session:
Josephine Davidson, 543 Kellogg Road, Bellingham: Retaining Americans with
Disabilities Act (ADA) compliance when considering Courthouse security (handout on file,
AB95 -153)
Lloyd Austin, Bellingham: Lummi Nation property battle
Kurt Dessauer, Bellingham: Retaining ADA compliance when taking into
consideration Courthouse security (AB95 -153)
John Hruby: Requested information on the procedure the Council will follow when
conducting the Custer Rezone hearing (AB95 -170 and AB95 -170A)
Win Wilson, Custer: Custer Rezone (read from a handout titled "Utilization of
Previously Zoned Industrial Property ", referring to the Custer Rezone property, on file,
AB95 -170 and AB95 -170A)
Dana Feldman: Custer Rezone (AB95 -170 and AB95 -170A)
CONSENT AGENDA
1. REQUEST FOR APPROVAL TO PURCHASE A FORKLIFT TRUCK
THROUGH A CHELAN COUNTY BID FOR $28,850.45 (AB95 -159)
2. BID AWARD RECOMMENDATION FOR THE DRYDOCIHNNG, REPAIR
AND MAINTENANCE OF THE WHATCOM CHIEF TO THE
DUWAMISH SHIPYARD, INC. FOR $83,413 (AB95 -160)
Regular Council Minutes, 3/28/95, Page 1
3. BID AWARD RECOMMENDATION FOR TWO TEN -YARD DUMP
TRUCKS TO THE LOW BIDDER, MOTOR TRUCKS, INC., FOR A
TOTAL OF $186,346.68, INCLUDING SALES TAX (AB95 -161)
4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT WITH CATHOLIC COMMUNITY SERVICES
NORTHWEST FOR INTENSIVE GROUP THERAPY FOR $48,924 FOR
1995 (AB95 -162)
5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT AMENDMENT WITH THE CREDIT BUREAU
OF WHATCOM COUNTY TO EXTEND THE TERM OF THE
AGREEMENT TO OCTOBER 1, 1995 (AB95 -163)
6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT WITH LAKE WHATCOM RESIDENTIAL AND
TREATMENT CENTER FOR SUPPORTED LIVING SERVICES FOR
THE CHRONICALLY MENTALLY ILL FOR $67,115 FOR 1995 (AB95-
164)
7. RESOLUTION SETTING A HEARING ON THE OF SURPLUS
PROPERTY (SHERIFF VEHICLES) (AB95 -165)
Starkenburg reported for Finance and Administrative Services Committee and
moved approval of Consent Agenda items 1, 2, 4, 5, 6, and 7.
Motion carried unanimously.
Item 3 was held in Finance and Administrative Services Committee until April 11.
OTHER ITEMS
1. ORDINANCE AMENDING THE BUDGET, REQUEST NO 2 (AB95 -146)
Starkenburg reported for Finance and Administrative Services Committee and moved
to adopt the ordinance.
Motion carried unanimously.
2. DISCUSSION REGARDING DISPOSAL OF TOXICS FACILITY (DOT)
(AB95 -017A)
Brenner reported for the Public Works and Capital Projects Committee that this item
is held in Committee until April 11.
Regular Council Minutes, 3/28/95, Page 2
3. DISCUSSION AND POSSIBLE ACTION ON WHATCOM COUNTY'S
PROPOSED APPLICATION FOR A COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PLANNING ONLY GRANT (AB95 -172)
Harris moved approval of the proposed application.
There was discussion on the motion.
Motion failed 1 - 6 with Harris in favor.
4. DISCUSSION AND POSSIBLE ACTION ON THE ISSUE OF SECURITY
AT THE WHATCOM COUNTY COURTHOUSE (AB95 -153) (FROM
3/14)
Discussion on this item began, and the following people spoke:
Mic Moynahan, Superior Court Judge
Charles Snyder, Superior Court Judge
Whatcom County Sheriff Dale Brandland
N.F Jackson, Superior Court Clerk
Tom Sutberry, Administrative Services Director
Carla (no last name given), Womencare Shelter
This item was referred to Public Works and Capital Projects Committee for April 11.
5. NEW APPOINTMENTS TO THE MENTAL HEALTH ADVISORY
BOARD (AB95 -168)
• APPOINTMENT OF TOM RICHARDSON TO COMPLETE THE TERM
OF TERRY COLLINS WHO RESIGNED. THE TERM IS EFFECTIVE
IMMEDIATELY AND RUNS TO 12/31/97
• APPOINTMENT OF JANET LUTZ -SMITH TO COMPLETE THE
TERM OF ADRIANNE HUNTER WHO RESIGNED. THE TERM IS
EFFECTIVE IMMEDIATELY AND RUNS TO 12/31/96.
Harris moved approval of the appointments by acclamation.
Motion carried unanimously.
6. PRESENTATION OF REPORT AND DISCUSSION REGARDING
CONTRACTING VERSUS IN-HOUSE ROAD MAINTENANCE
ACTIVITIES (AB95 -169)
Regular Council Minutes, 3/28/95, Page 3
1 Public Works Director Jeff Monsen began his presentation (handout on file). Topics
2 discussed included: Background of his report; Road Fund Budget; In -House Versus
3 Contracting Task Force; and Recommendations and Alternatives.
4
5 There was discussion on this item.
6
7 This item was held and will be scheduled for discussion in a work session (time and
8 date of the work session to be announced in the near future).
9
10 (CLERK'S NOTE: THE COUNCIL RECESSED ITS REGULAR MEETING AND
11 CONVENEDAS THE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS.)
12
13 7. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
14 INTO AN AGREEMENT AMENDMENT INCORPORATING WORK
15 ORDER #4 INTO CONTRACT #9310013 WITH KCM, INC. (AB95 -166)
16
17 Starkenburg reported for Finance and Administrative Services Committee and moved
18 approval of the request.
19
20 Motion carried unanimously.
21
22 8. DISCUSSION AND POSSIBLE ACTION REGARDING GRANT
23 APPLICATION FOR FISH BARRIER REMOVAL (AB95 -167)
24
25 Starkenburg reported for Finance and Administrative Services Committee and moved
26 approval of the grant application.
27
28 Motion carried unanimously_
29
30 (CLERK'S NOTE: THE COUNCIL ADJOURNED THE FLOOD CONTROL ZONE
31 DISTRICT BOARD OF SUPERVISORS MEETING AND RECONVENED THE REGULAR
32 COUNCIL MEETING.)
33
34 9. AN ORDINANCE ADOPTING THE WHATCOM COUNTY CRITICAL
35 AREAS REGULATIONS TO COMPLY WITH THE WASHINGTON
36 STATE GROWTH MANAGEMENT ACT (AB94 -548A)
37
38 Imhof moved adoption of the ordinance (ordinance dated November 15 and
39 substitute exhibit prepared by staff March 24, 1995).
40
41 Imhof moved to delete number 3 under Findings on page 2 of the ordinance and re-
42 number the section appropriately.
43
44 Motion carried unanimously.
Regular Council Minutes, 3/28/95, Page 4
Nelson moved to strike the redlined portion under Drainage Ditch on page 8 of the
Substitute Exhibit A.
There was discussion on the motion.
Motion failed 3 -4 with Nelson, Dawson and Starkenburg in favor.
Imhof pointed out that the title Function Characteristics on page 10 of the Substitute
Exhibit A should read Functioni Characteristics. This was noted as a scriveners error.
Dawson moved to delete the redlined portion under Functional Characteristics on
page 10 of the Substitute Exhibit A.
Motion carried 4 -3 with Henderson, Harris, and Imhof opposed.
Starkenburg moved to delete section 3.5.2 from Permit Requirements, page 21 of the
Substitute Exhibit A.
Motion carried 4 -3 with Henderson, Harris, and Imhof opposed.
Starkenburg moved to delete the redlined portion of section 3.10.5, Penalties and
Enforcement, page 24 of the Substitute Exhibit A.
Motion failed 5 -2 with Starkenburg and Nelson in favor.
Henderson moved to strike the redlined portion of section 9.2.3 C and return
Category III Wetlands to 0.5 acres or greater (MDNS requirement), page 34 of the
Substitute Exhibit A.
Motion failed 2 - 5 with Henderson and Harris in favor.
Starkenburg moved to strike all redlined portions after the words "...Fisheries,
Wildlife, and Ecology;" in section 9.6.2, Relationship to Other Jurisdictional Agencies, and
add at the sentence >..c:<:::a€: ::e:ee::.'
Y ::.:::::::::::::::::::::::::.::.::::::::::.:................:::::::::::::::::::::::::::::..::: ::::.:::::::..:::::::::::::::..
............................................. ............................... ................ ............................ .. ............. ...................
to the end of the paragraph, page 39 of the Substitute Exhibit A.
There was discussion on the motion.
Motion failed 1 -6 with Starkenburg in favor.
Harris moved to leave in the word W. and strike the word fflay in the second to the
last sentence of section 9.6.2, Relationship to Other Jurisdictional Agencies, page 39 of
the Substitute Exhibit A.
Regular Council Minutes, 3/28/95, Page 5
1 Motion carried unanimously.
2
3 Nelson moved to strike the word fftay and replace it with W in the same sentence
4 referred to above by Harris.
5
6 Motion carried unanimously.
7
8 Starkenburg moved that the same language moved and carried above (from section
9 9.6.2, Relationship to Other Jurisdictional Agencies, page 39 of the Substitute Exhibit A)
10 be incorporated into section 10.4 on page 52 of the Substitute Exhibit A and section 12.4
11 on page 59 of the Substitute Exhibit A).
12
13 Motion carried unanimously.
14
15 Nelson moved to delete the ten (10) foot buffer requirement from section 10.5.3 AA.,
16 Type 4 Water.
17
18 Motion failed 3 - 4 with Nelson, Starkenburg and Dawson in favor.
19
20 The Council adopted the amended ordinance and the amended Substitute Exhibit
21 A, 5 -2 with Henderson and Harris opposed.
22
23 10. COUNCIL APPROVAL OF DESIGNATION OF SITE, IF CONSISTENT
24 WITH FLOW CONTROL ORDINANCE AND DIRECTION TO STAFF
25 TO BEGIN NEGOTIATIONS WITH RDS FOR A DISPOSAL SITE
26 AGREEMENT (AB95 -144)
27
28 Imhof moved that RDS go through an Environmental Impact Statement (EIS) for this
29 project to get them to put on paper exactly what they are going to do and how they are
30 going to do it.
31
32 Imhof withdrew his motion.
33
34 Imhof moved that RDS's proposed site be designated as a Disposal Site under
35 Section 8.0 of the Flow Control Ordinance with the following stipulations:
36
37 Designation is contingent upon compliance by the applicant with the
38 conditions of Sections 3 and 6 of the Flow Control Ordinance. Furthermore, to retain its
39 designation, the facility proposed by RDS shall comply with the Plan (CSWP), and its
40 designation must promote the public interest.
41
42
43 There was discussion on the motion.
44
Regular Council Minutes, 3/28/95, Page 6
1 Jeff Monsen, Public Works, spoke briefly on the process of designation.
2
3 Motion carried 5 -2 with Imhof and Starkenburg opposed.
4
5 INTRODUCTION ITEMS
6
7 Brenner moved acceptance of the Introduction Items.
8
.9 Motion carried unanimously.
10
11 1. RESOLUTION TO SELL SURPLUS PROPERTY (SHERIFF VEHICLES)
12 (AB95 -165A) (HEARING TO BE SCHEDULED)
13
14 2. ORDINANCE ENDING THE MAP AND TEXT OF THE BIRCH BAY -
15 BLAINE- SUBAREA TO INCORPORATE THE LIGHT IMPACT
16 INDUSTRIAL ZONE DISTRICT AND TO REDESIGNATE
17 APPROXIMATELY 440 ACRES FROM RURAL ONE UNIT PER TEN
18 ACRES (R10A) TO LIGHT IMPACT INDUSTRIAL (LII) (AB95 -170)
19 (HEARING TO BE SCHEDULED)
20
21 3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
22 ZONING MAP FROM RURAL ONE UNIT PER TEN ACRES (R 10A) TO
23 LIGHT IMPACT INDUSTRIAL (LII) FOR APPROXIMATELY 440
24 ACRES (AB95 -170A) (HEARING TO BE SCHEDULED)
25
26 4. ORDINANCE ESTABLISHING A NO- SHOOTING ZONE IN THE CAMP
27 2 ROAD AREA, SEDRO WOOLLEY (SOUTH END OF LAKE
28 WHATCOM) FILED BY LYLE HARRIS (AB94 -555)
29
30 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
31
32 Puget Sound Water Quality (AB95 -178): Dawson requested a letter of support be
33 sent to the State House Agriculture and Ecology Committee for the reauthorization of the
34 Puget Sound Water Quality.
35
36 Harris moved for approval.
37
38 Motion carried unanimously.
39
40 Comp Plan (AB94- 508A): Nelson requested assistance with the legislative process
41 for the Planning Department.
42
43 Nelson moved that the Council move forward on this evaluation of the Comp Plan
44 with a contracted service to allow the selection process to begin.
Regular Council Minutes, 3/28/95, Page 7
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Motion carried 4 -3 with Harris, Henderson and Imhof opposed.
Harris moved to amend that the full Council be the selection committee.
Motion carried unanimously.
ADJOURN
The meeting was adjourned at 10:15 p.m
ISana Brown- ' , ecording Secretary
These minutes were approved by the Council on June 6 , 1995.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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L"row]
n -av}s, rk of he Council Robe t Imhof, Council
Regular Council Minutes, 3/28/95, Page 8