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Home My WebLink AboutCouncil July 26 1994WHATCOM COUNTY COUNCIL Regular Council Meeting July 26, 1994 The meeting was called to order by Council Chair Robert Imhof at 7 p.m. in the Council Chambers, 311 Grand Avenue. Also Present: Absent: Ken Henderson None Marlene Dawson Ward Nelson Larry Harris Barbara Brenner Alvin Starkenburg ANNOUNCEMENTS Vallette Street road vacation has been pulled; TCI ordinance has been withdrawn. OPEN SESSION Marvin Wolf, 5413 Barr Road: Criminal justice system funding (AB94 -103) Deb Kingsley, Commissioner of Water District 10: Shoreline Hearings Board decision (AB94 -422) Larry McCarter: Recycling Disposal Services Inc: long -haul transfer facility (AB94 -424) CONSENT AGENDA 1. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT TO EXTEND THE CONTRACT WITH DSHS, DIVISION OF VOCATIONAL REHABILITATION FOR EMPLOYMENT SERVICES FOR DEVELOPMENTALLY DISABLED PERSONS FOR $32,490 (AB94 -408)_ 2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT WITH GREG RUSTAND, DBA SECURITY SPECIALISTS PLUS, FOR $15,000 FOR TRANSPORT OF INVOLUNTARY COMMITTED PERSONS TO AND FROM COURT (AB94- 393) 3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AMENDMENT NO. 2 WITH OSPREY ENVIRONMENTAL SERVICES Regular Council Minutes, 7/26/94, Page 1 TO EXTEND THE TIME SCHEDULE FOR PROVIDING A BICYCLE CIRCULATION PLAN (AB94 -394) 4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT AMENDMENT FOR PRETREATMENT AND DISPOSAL OF LEACHATE AT THE FERNDALE WASTEWATER TREATMENT PLANT (CCR) (AB94 -395) 5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT AMENDMENT FOR PRETREATMENT AND DISPOSAL OF LEACHATE AT THE FERNDALE WASTEWATER TREATMENT PLAN (OLIVINE) (AB94 -396) 6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT WITH RECOMP, INC. FOR A DISPOSAL SITE (AB94 -397) 7. REQUEST TOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO COLLECTIVE BARGAINING AGREEMENT WITH THE INTERNATIONAL ORGANIZATION OF MASTERS, MATES & PILOTS, PACIFIC MARITIME REGION AND INLAND BOATMEN'S UNION OF THE PACIFIC (AB94 -398) 8. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT AMENDMENT WITH BOSMAN, INC., FOR CARD LOCK VEHICLE FUELING SERVICE (AB94 -399) 9. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT AMENDMENT WITH MCEVOY OIL COMPANY FOR A ONE -YEAR EXTENSION FOR FUEL DELIVERY TO THE SHOP AND THE FERRY (AB94 -400) 10. 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 (ANNUAL PUBLIC AUCTION) (AB94 -401) 11. RESOLUTION IN THE MATTER OF THE SALE OF A SURPLUS CHIP SPREADER AND THE SETTING OF A DATE FOR PUBLIC HEARING THEREON PURSUANT TO WCC 1.10 (AB94 -402) 12. BID AWARD TO MULTIPLE RESPONSIVE BIDDERS TO SUPPLY PRINTING, COPY- AND COMPUTER PAPER FOR THE PERIOD AUGUST 1, 1994 TO JULY 31, 1995 (AB94 -403) Regular Council Minutes, 7/26/94, Page 2 Starkenburg reported for Finance & Personnel Committe and moved to approve the Consent Agenda. Starkenburg asked to remove Item 6. Motion to approve amended Consent Agenda Items 1 through 12 minus Item 6. Motion carried unanimously. Nelson moved to hold Item 6 in Committee Of The Whole until the Flow Control Ordinance is complete and allow Starkenburg and Nelson to work out the agreement. Motion carried 4 -3 with Harris, Henderson and Brenner opposed. 13. APPOINTMENTS TO THE NORTHWEST SENIOR SERVICES BOARD: REAPPOINTMENT OF BESS CHRISTMAN TO A SECOND, FULL THREE - YEAR TERM TO RUN FROM JULY 1, 1994 TO JUNE 30, 1997. NEW APPOINTMENT OF KATHLEEN YEAGER TO A FIRST, FULL THREE - YEAR TERM TO RUN FROM JULY 1, 1994 TO JUNE 30, 1997 (AB94 -404) Henderson moved approval of both persons and to express appreciation for their participation. Motion carried unanimously. PUBLIC HEARINGS 1. PETITION FOR THE VACATION OF A PORTION OF PRINCE STREET AND GERMAN STREET FILED BY STEPHEN A. SMITH (AB94 -267) Jeff Monsen reported that staff recommends granting the vacation. Persons speaking: Ron Freeman, 3960 Sweet Road Henderson moved approval with inclusion of added legal language as requested by Transportation staff (legal description added). Motion carried unanimously. Regular Council Minutes, 7/26/94, Page 3 OTHER ITEMS 1. APPEAL OF THE HEARING EXAMINER'S DECISION ON LAKE WHATCOM MARINA PARTNERSHIP PERMIT (HEARING EXAMINER FILE NO. SHS92 -0030) (AB94 -178) Brenner moved to overturn the Hearing Examiner's decision on an erroneous point of law. Imhof moved to amend the motion to allow 14 moorage spaces instead of the requested 16 and to include staff conditions for the siting approval. Amended motion carried unanimously. 2. APPEAL OF THE HEARING EXAMINER'S DECISION ON WILDER CONSTRUCTION COMPANY'S CONDITIONAL USE PERMIT (HEARING EXAMINER FILE NO. CUP92 -0028) (AB94 -176) Starkenburg announced that due to appearance of fairness, he would not vote on this issue. Henderson moved to uphold the Hearing Examiner's decision. Motion carried 6 -0 with Starkenburg abstaining. 3. APPEAL OF THE HEARING EXAMINER'S DECISION ON WARM CREEK HYDROELECTRIC PROJECT (AB94 -177) Dawson moved to overturn the Hearing Examiner's decision. Imhof amended the motion to include the staff conditions (FERC) be required. Amended motion carried with Harris, Henderson and Brenner opposed. 4. ORDINANCE EXTENDING THE INTERIM ZONING ORDINANCE, WHATCOM COUNTY CODE, CHAPTER 2.24A (FILE REF: # 18- 94IZO) (AB94 -376) Nelson moved to approve the ordinance. Motion carried unanimously. 5. REQUEST FOR A PUBLIC HEARING IN THE MATTER OF AMENDING THE TEXT OF THE WHATCOM COUNTY ZONING CODE (WCC 20.36) Regular Council Minutes, 7/26/94, Page 4 TO ALLOW COMMERCIAL RENTAL STORAGE AS AN OUTRIGHT PERMITTED USE OR AN ADMINISTRATIVE APPROVAL USE IN THE RURAL ZONE (AB94 -414) Dawson moved to remand to the Planning Commission for recommendation. Motion carried unanimously. 6. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 6 (AB94 -382) Starkenburg moved to approve the ordinance. Starkenburg moved to amend the appropriation to the District Court be reduced to $18, 033 for five months instead of six. Motion carried unanimously. Starkenburg moved to delete the transfer for Combined Treatment in the amount of $25,000 from Current Expense. salary. Motion carried unanimously. Starkenburg moved to amend $35,988 total (for clarity). No vote was taken on the motion. Brenner moved to delete the $8,955 from Current Expense to reimburse executive Motion failed 1 -6 with Brenner in favor. Brenner moved to delete the supplemental request for non - departmental appropriation of $9000 from Current Expense to an arbitrator labor negotiator for union grievance. Motion failed 6 -1 with Brenner in favor. Main amended motion carried 6 -1 with Brenner opposed. 7. PETITION FOR THE VACATION OF A PORTION OF VALLETTE STREET, FILED BY STEPHEN P. KEMPSTON & JULIE A.NICHOLSON, ET. AL. (AB94 -200) (HELD OVER FROM 7/12) Held in Committee to second week in September. Regular Council Minutes, 7/26/94, Page 5 8. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO TCI CABLEVISION FOR A PERIOD OF 25 YEARS PURSUANT TO STATE LAW AND SECTION 9.30 OF AREAS OF THE COUNTY (AB94 -340) (HELD OVER FROM 7/12) Withdrawn. 9. GROWTH MANAGEMENT SCHEDULE (AB94 -413) Nate Brown reported for Planning and Development Services. He reminded Council that this is a very comprehensive schedule. This is scheduled for the next meeting for special presentation with questions. 10. HEARING EXAMINER'S RECOMMENDED DECISION ON PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT AND BINDING SITE PLAN BY BEACON STUDIOS INC. PUD93 -0001 (AB94 -360) (POSSIBLE EXECUTIVE SESSION) Starkenburg moved to recommend approval of the Hearing Examiner's decision as recommended. Harris moved to amend page 20 paragraph 9.8, second sentence to read: "Iberefore strict adherence to the proposed phasing plan will not be required provided that changes to the phasing plan exclusive of the film studio are reviewed and approved." Motion to amend the agreement carried 5 -2 with Dawson and Imhof opposed. Main motion as amended carried 6 -1with Harris opposed. INTRODUCTION. ITEMS (COUNCIL ACTION WILL NOT BE TAKEN) 1. ORDINANCE REGARDING PARKING CONTROL ON NORTHWEST DRIVE AND WEST SMITH ROAD (AB94 -405) (REFER TO PUBLIC SERVICES AND SOLID WASTE COMMITTEE) 2. ORDINANCE AMENDING ORDINANCE NO. 84 -60 TO EXTEND TCI CABLEVISION FRANCHISE TERM FOR ONE YEAR (AB94 -340A) (REFER TO PUBLIC SERVICES AND SOLID WASTE COMMITTEE) 3. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 7 (AB94- 406) (REFER TO FINANCE AND PERSONNEL COMMITTEE) Regular Council Minutes, 7/26/94, Page 6 4. RESOLUTION TO SELL SURPLUS PROPERTY (ANNUAL PUBLIC AUCTION) (AB94 -401A) (HEARING TO BE SCHEDULED) 5. RESOLUTION TO SELL A CHIP SPREADER (AB94 -402A) (HEARING TO BE SCHEDULED) 6. ORDINANCE AMENDING THE LYNDEN - NOOKSACK VALLEY SUBAREA COMPREHENSIVE PLAN MAP AND OFFICIAL WHATCOM COUNTY ZONING MAP FOR APPROXIMATELY 2.01 ACRES FROM RURAL RESIDENTIAL, TWO DWELLING UNITS PER ACRE (RR2) TO GENERAL COMMERCIAL (GC) (AB94 -416) (REFER TO PLANNING AND DEVELOPMENT COMMITTEE) 7. ORDINANCE AMEND THE CHERRY POINT - FERNDALE SUBAREA COMPREHENSIVE PLAN MAP AND THE OFFICIAL WHATCOM COUNTY ZONING MAP FORM AGRICULTURE (AG) TO RURAL FIVE ACRES (R5A) FOR APPROXIMATELY 9.75 ACRES (AB94 -417) (REFER TO PLANNING AND DEVELOPMENT COMMITTEE) Brenner moved to accept the Introduction Items. Motion carried unanimously. ADDENDUM: 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) Imhof moved to approve. Motion carried unanimously. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS None. Regular Council Minutes, 7/26/94, Page 7 ADJOURN There being no further business, the meeting was adjourned at 8:05 p.m.. Respectfully submitted, M rina McAllister, Recording Secretary These minutes were approved by the Council on August 9 , 1994. ATTEST: Ramona Reeves, Clerk of the Council WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON .VJta Z- Bert Imhof, ouncil hair Regular Council Minutes, 7/26/94, Page 8