HomeMy WebLinkAboutCouncil July 12 1994WHATCOM COUNTY COUNCIL
Regular Council Meeting
July 12, 1994
The meeting was called to order at 7 p.m. by Council Chair Robert Imhof in the
Council Chambers, 311 Grand Avenue.
Also Present: Absent:
Henderson None
Dawson
Nelson
Harris
Starkenburg
Brenner
SPECIAL PRESENTATION
COMMUNITY NETWORK DEVELOPMENT STEERING
COMMITTEE, LESLIE EASTWOOD (AB94 -377) (20 MINUTES)
Craig Fenske, WSU Youth Extension Office, explained the background and
composition of the committee.
Leslie Eastwood reported on youth problems and how the state -wide program
would help meet the needs of the communities.
Carolyn Rude asked that Council select three members. The deadline is
October 1. A list of community members who would be eligible will be available by
August 1. She a lso wants someone to be a contact person.
Marlene Dawson volunteered to be the contact person.
OPEN SESSION (20 MINUTES)
Jeffrey Bode, Office of Special Counsel for Warm Creek Hydro: Warm Creek
Hydro (AB94 -177)
Jay Taber, 1212 Raymond Street, Whatcom Falls Neighborhood Association:
Whatcom Connector (AB94 -415)
Roy Giles, 5385 Shields Road: his garbage bill
Regular Council Minutes, 7/12/94, Page 1
Doug Dobyns, 323 Hillside Road, Deming: state -wide retreat in November or
December on water issues (AB94 -418)
Mitch Freedman, 1155 N. State: Resolution on Management Practices for County
Operations (AB94 -344)
CONSENT AGENDA
Starkenburg reported that the first three items were not in Committee so there
was no recommendation.
The first three items were pulled from the Consent Agenda.
1. CONSIDERATION OF HEARING EXAMINER'S DECISION ON REMAND
REGARDING AN ADMINISTRATIVE APPEAL OF STRAWBERRY
SHORES COMMUNITY ASSOCIATION (WEINBERG) (APL93 -0032) (AB94-
126) (NO ACTION NEEDED; THIS ITEM APPEARS ON THE AGENDA FOR
COUNCIL /PUBLIC INFORMATION ONLY, AND FOR THE BENEFIT OF THE
OFFICIAL RECORD. UPON RECEIVING THE COUNCIL'S REMAND
ORDER, THE HEARING EXAMINER HELD A HEARING, THE PARTIES
AGREED TO A SETTLEMENT AND THIS MATTER WAS DISMISSED AS
SETTLED.)
No action required.
2. APPROVAL OF MINUTES OF THE JUNE 7, 1994 SPECIAL AND
REGULAR MEETINGS AND OF THE JULY 5, 1994 REGULAR MEETING
Nelson moved to approve the minutes as presented.
The motion carried unanimously.
3. REAPPOINTMENTS TO THE PARKS AND RECREATION COMMISSION:
GARY WILSON TO A SECOND, FOUR -YEAR TERM TO RUN FROM
JULY 1, 1994 TO JUNE 30,1998; AND CHERYL BITTNER TO A SECOND
FOUR -YEAR TERM TO RUN FROM JULY 1, 1994 TO JUNE 30, 1998
(AB94 -381)
Nelson moved to reappoint Gary L. Wilson and Cheryl L. Bittner to a second
four -year term.
Motion carried unanimously.
Regular Council Minutes, 7/12/94, Page 2
4. BID AWARD RECOMMENDATION FOR AUTOMATED GATE AND
FENCING AT THE CENTRAL SHOP TO THE LOW BIDDER, NORTH
WEST FENCE INC., FOR $33,758.37 (AB94 -379)
5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO SIGN AN
AGREEMENT WITH NORTHWEST DEVELOPMENT I (JOE PARCHER)
FOR SPACE AT THE IRONGATE ROAD USED BY THE ELECTIONS
SECTION OF THE COUNTY AUDITOR'S OFFICE FOR $10,700 (AB94 -380)
Addendum Item
6. WHATCOM CHIEF FERRY INSURANCE RENEWAL FOR POLICY
PERIOD 7/18/94 - 7/18/94 (AB94 -389)
Starkenburg moved approval of Consent Agenda items 4, 5 and 6.
Motion carried unanimously.
PUBLIC HEARINGS
PETITION FOR THE VACATION OF A PORTION OF MILL STREET,
FILED BY LIN J. AND LINDA P. NELSON (AB94 -301)
Jeff Monsen reported that the recommendation from Transportation Services was
to approve.
Brenner moved to approve the vacation.
The motion carried unanimously.
2. ORDINANCE EXEMPTING WHATCOM COUNTY FROM PROVISIONS OF
THE STATE'S FIREARMS LAWS (AB94 -345)
Roy Giles
Dale Brandland, County Sheriff
A.J. Gould, Lake Samish
Tom Brown, 7024 Mt. Baker Highway
Elton Kenyon, Nooksack
Ray Radke
Jason Reimer
Jack Barr, 5495 Mt. Baker Highway
Fern Sheridan, 5758 Guide Meridian
Sharon Apeland, 2788 Mt. Baker Highway
Bob Harriman, 2248 E. Hemmi Road
Regular Council Minutes, 7/12/94, Page 3
Dean Francisco, Mt. Baker Highway
John Spelgatti, 2045 E. Smith Road
Randy German, 2015 Fairhaven Parkway
Greg Mosher, 3616 Galiano Drive, Ferndale
Ben Hinkle, 2582 North Shore Road
Gail Patinod
Ed Hanson, Ferndale
Wayner Sherwood
Dori McKnight, Mosquito Lake Road
Bill Beck, 7153 Dahlbert Road
Dawson moved to adopt the ordinance.
The motion carried 5 -2 with Henderson and Harris opposed.
OTHER ITEMS
1. RESOLUTION REGARDING THE ROAD IMPROVEMENT DISTRICT
PROCEDURE (AB94 -336)
Stakenburg reported for Fiaance and suggested to table until September.
2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT FOR A THIRD PARTY ADMINISTRATOR FOR
THE ADMINISTRATION OF WORKERS' COMPENSATION BENEFITS
WITH JOHNSTON & CULBERSON FOR APPROXIMATELY $24,000 (AB94-
356) (REFERRED TO FINANCE COMMITTEE FROM 6128 COUNCIL
MEETING)
Starkenburg reported for Finance and moved approval.
Motion carried 6 -1with Brenner opposed.
3. RESOLUTION ON MANAGEMENT PRACTICES FOR COUNTY
OPERATIONS (AB94 -320) (REFERRED TO FINANCE COMMITTEE FROM
6128 COUNCIL MEETING)
Harris moved that Harris, Nelson and Henderson be the Council Members
working on this project.
Motion carried unanimously.
Regular Council Minutes, 7/12/94, Page 4
4. ORDINANCE CALLING FOR ELECTION OF A CHARTER REVIEW
COMMISSION (AB94 -344)
Starkenburg reported for Finance and moved approval.
Motion carried unanimously.
5. PETITION FOR THE VACATION OF A PORTION OF VALLETTE STREET,
FILED BY STEPHEN P. KEMPSTON & JULIE A. NICHOLSON, ET. AL.
(AB94 -200) (REFERRED TO PUBLIC SERVICES COMMITTEE FROM 6128
COUNCIL MEETING)
Brenner reported from Public Services Committee. Held in committee to 7/26.
6. ORDINANCE PROVIDING FOR AN ANNUAL INTEGRATED ROADSIDE
VEGETATION MANAGEMENT PROGRAM (AB94 -293A)
Introduction Item only.
7. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO TCI
CABLEVISION FOR A PERIOD OF 25 YEARS PURSUANT TO STATE
LAW AND SECTION 9.30 OF THE HOME RULE CHARTER, TO OPERATE
AND MAINTAIN A CABLE COMMUNICATION SYSTEM WITHIN
SPECIFIED AREAS OF THE COUNTY (AB94 -340) (KEPT IN COMMITTEE
AT THE 6128 COUNCIL MEETING)
Brenner reported that the Committee recommends a one -year extension and will
be held to 7/26.
8. REQUEST TO AMEND THE URBAN FRINGE SUBAREA
COMPREHENSIVE PLAN MAP AND THE OFFICIAL ZONING MAP FROM
TOURIST COMMERCIAL TO GENERAL COMMERCIAL FOR
APPROXIMATELY 29 ACRES AND FROM URBAN RESIDENTIAL
MEDIUM DENSITY/ 18 DWELLING UNITS PER ACRE TO GENERAL
COMMERCIAL FOR APPROXIMATELY SIX ACRES (AB94 -313)
(PREVIOUSLY KEPT IN COMMITTEE)
Nelson moved to hold a public hearing and ask staff to prepare the ordinance.
Motion carried 5 -2 with Henderson and Harris opposed.
9. EMERGENCY ORDINANCE EXTENDING THE INTERIM ZONING
ORDINANCE, WHATCOM COUNTY CODE, CHAPTER 2.24A, FOR SIXTY
Regular Council Meeting, 7/12/94, Page 5
(60) DAYS (AB94 -375) (SEE RELATED ORDINANCE LISTED UNDER
INTRODUCTION ITEMS)
Dan Taylor reported that that this is to cover the time lapse.
Nelson moved to approve.
Motion carried unanimously.
10. APPEAL OF THE HEARING EXAMINER'S DECISION ON WARM CREEK
HYDRO (HEARING EXAMINER FILE NO. SHS93 -0029, SHC93 -0015,
CUP93 -0047) (AB94 -177) (DISCUSSION OF THIS ITEM MAY TAKE PLACE
IN EXECUTIVE SESSION PURSUANT TO RCW 42.30.140 (2), FOR COUNCIL
TO BE BRIEFED BY ITS ATTORNEY ON A QUASI-JUDICIAL MATTER
FINAL ACTION WILL TAKE PLACE IN PUBLIC. )
This item was postponed until July 26.
11. CONSIDERATION OF HEARING EXAMINER'S DECISION ON REMAND
REGARDING AN ADMINISTRATIVE APPEAL BY WHATCOM COUNTY
FROM A WETLANDS DELINEATION WAIVER BY MARK WEINBERG
(APL93 -0029) (AB94 -092) (DISCUSSION OF THIS ITEM MAY TAKE PLACE
IN EXECUTIVE SESSION PURSUANT TO RCW 42.30.140 (2), FOR COUNCIL
TO BE BRIEFED BY ITS ATTORNEY ON A QUASI - JUDICIAL MATTER
FINAL ACTION WILL TAKE PLACE IN PUBLIC. )
(Clerk's Note: Chair responded no one appealed this decision, so this item- -
according to Council's attorney -- should not have been on the agenda.)
INTRODUCTION ITEMS
1. PETITION FOR THE VACATION OF A PORTION OF JEFFERSON
STREET, FILED BY DAVID STEEGE AND JOSIANE SCHANTZ (AB94 -371)
(HEARING TO BE SCHEDULED)
2. ORDINANCE ADOPTING COMPREHENSIVE PLAN DESIGNATIONS AND
ZONING CLASSIFICATIONS UNDER TITLE 20 FOR PROPERTY OWNED
BY SEATTLE CITY LIGHT WITHIN THE CONFINES OF NORTH
CASCADES NATIONAL PARK [FILE REF: #18- 94IZO(2)] (AB94 -374)
(REFER TO PLANNING AND DEVELOPMENT COMMITTEE)
3. ORDINANCE EXTENDING THE INTERIM ZONING ORDINANCE,
WHATCOM COUNTY CODE, CHAPTER 2.24A (FILE REF: # 18- 94IZO)
(AB94 -376) (REFER TO PLANNING AND DEVELOPMENT COMMITTEE)
Regular Council Meeting, 7/12/94, Page 6
4. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 6 (AB94 -382)
(REFER TO PLANNING AND DEVELOPMENT COMMITTEE)
5. ORDINANCE AMENDING WHATCOM COUNTY CODE 11.44,
REGARDING VESSELS PRESENTING A HAZARDOUS CONDITION IN
NAVIGABLE WATERS (AB94 -384) (HEARING TO BE SCHEDULED)
6. ORDINANCE PROVIDING FOR AN ANNUAL INTEGRATED ROADSIDE
VEGETATION MANAGEMENT PROGRAM (AB94 -293A)
Nelson moved to accept Items 1 through 5. (Clerk's Note. Clerk brought Item 6 to
Council's attention; this was then included in the vote.)
Harris moved to amend Item 4, referring it to the Finance Committee.
Motion carried unanimously.
Main motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Nelson moved to request the Administration change the text amendment
regarding light impact industrial zones to allow for appropriate food processing activities.
Motion carried unanimously.
Starkenburg reported on the Open House on August 2.
ADJOURN
There being no further business, the meeting was adjourned.
Respectfully submitted,
Marina McAllister, Recording Secretary
These minutes were approved by the Council on August 9 , 1994.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
oj"'aj
Ramona Reeves, Clerk o t e ouncil Robert Imhof, Chair
Regular Council Minutes, 7/12/94, Page 7