HomeMy WebLinkAboutCouncil November 8 1994WHATCOM COUNTY COUNCIL
Regular Council Meeting
November 8, 1994
The meeting was called to order at 7 p.m. by Chair Robert Imhof in the Council
Chambers, 311 Grand Avenue.
Also Present: Absent:
Ken Henderson None
Marlene Dawson
Ward Nelson
Larry Harris
Barbara Brenner
Alvin Starkenburg
ANNOUNCEMENTS
Imhof reported that volunteers are needed to canvas on November 22 at 9:30 a.m.
and Wednesday November 23 at 9:30 a.m. Brenner volunteered for November 23 at
9:30 a.m.
Imhof also reported on the executive session (Committee of the Whole): The
Georgia- Pacific appeal (AB94 -471) was discussed. Two weeks will be allowed for
Council members to review the record. Nothing new will be accepted for the record.
Decision will be made on November 22.
Lummi Shore project (AB94 -423) was also discussed in executive session.
Discussion on impending litigation regarding the courthouse was also part of the
executive session (AB94- 115H).
Imhof moved to waive the conflict of interest and allow KMD Architects to
continue to use Preston Gates & Ellis as their attorney (AB94- 115D).
Motion carried 6 -1 with Brenner opposed.
The Temporary Critical Areas Ordinance (AB94 -548) compliance schedule was
also discussed in executive session. The Council will not meet November 23 deadline.
Imhof noted that ballots for the Irrigation District (AB94 -273) are due
November 17. The Council office has additional information available. The Irrigation
District proponents will be billed for expenses.
Regular Council Minutes, 11/8/94, Page 1
1 OPEN SESSION
2
3 Imhof declared the open session open, and the following spoke:
4
5 Roger Ellingson: represents Tom & Feebe Scott (safe drinking water) asking for
6 continuance due to being out of town. Imhof agreed to move it to December 6. Also
7 Birchwood Neighborhood Association (AB94 -313)
8 Lyle Harris, Camp 2 Road: No shooting zone being introduced this evening
9 (AB94 -555)
10 Don Fletcher, 881 Kelley Road: Gail Kelley (AB94 -538)
11 Robert Ryan, President Birchwood Neighborhood Association: Garrett rezone
12 (AB94 -313)
13 Nelda Sigurdson: Irrigation District ballot (AB94 -273)
14 Mark Weinburg: Critical Areas Ordinance (AB94 -548)
15 Trina Stye - Ferguson: Human Rights Task Force (AB94 -532)
16 Tom Scott, 5641 Everson Goshen Road: G.P. Landfill (AB94 -471)
17 Bob Tull, Attorney: GP Landfill -- Inappropriate testimony -- Should be
18 disregarded (Imhof agreed) (AB94 -471) Also regarding the Garrett rezone
19 (AB94 -313)
20 Kerstin Bailey 3206 W. Maplewood: Garrett rezone (AB94 -313)
21 Kara Nelson, 3201 McLeod Road: Garrett rezone (AB94 -313)
22 Jeff Baglio, 3108 McLeod Road: Garrett rezone (AB94 -313)
23 Rita Foley, South Lake Whatcom: No- shooting signs in her area
`4 Sherilyn Wells: Elimination of position held by Gail Kelley (AB94 -538)
25
26 Open session was closed.
27
28 CONSENT AGENDA
29
30 1. BID AWARD RECOMMENDATION FOR AN ARC /INFO LICENSE
31 ONLY TO THE LOW BIDDER, ENVIRONMENTAL SYSTEMS
32 RESEARCH, INC., FOR $27,068.58 (AB94 -558)
33
34 2. BID AWARD RECOMMENDATION FOR 9 POLICE VEHICLE
35 LIGHT BARS TO THE LOW BIDDER, SAHLBERG SAFETY
36 SUPPLY, FOR $27,049.75 (AB94 -559)
37
38 3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
39 ENTER INTO A CONTRACT WITH COSCO FIRE PROTECTION,
40 INC., OF KIRKLAND, FOR THE NECESSARY SPRINKLER SYSTEM
41 ADDITIONS IN THE COURTHOUSE FOR $48,000 (AB94 -560)
42
43
44
Regular Council Minutes, 11/8/94, Page 2
4. BID AWARD RECOMMENDATION TO MULTIPLE BIDDERS FOR
RENTAL RATES FOR MAINTENANCE AND CONSTRUCTION
EQUIPMENT FOR THE PERIOD 12/1/94 THROUGH 11/30/95 (AB94 -562)
5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
SIGN A RIDER TO THE DEED OF TRUST AND AN ESTOPPEL
AND CONSENT TO PERMIT THE WHATCOM COUNSELING AND
PSYCHIATRIC CLINIC TO OBTAIN FINANCING FOR A
CONSTRUCTION LOAN (AB94 -563)
Starkenburg moved approval of the Consent Agenda Items 1 -5.
Starkenburg moved to pull Items 4 and 5.
Imhof moved to approve Consent Agenda Items 1, 2 and 3.
Motion carried unanimously.
Item 4: Starkenburg announced will not be voting due to conflict of interest.
Henderson moved to approve Item 4.
Motion carried 6 -0 with Starkenburg abstaining.
Item 5: Copy of amended lease passed out at beginning of meeting.
Imhof moved approval of Item 5 as amended.
Motion carried unanimously.
PUBLIC HEARINGS
1. ORDINANCE AMENDING ORDINANCE 92 -001, MAKING
ADDITIONS AND GRANTING A NON - EXCLUSIVE FRANCHISE TO
BLACK ROCK CABLE, INC., TO OPERATE AND MAINTAIN A
CABLE COMMUNICATION SYSTEM WITHIN SPECIFIED AREAS
OF WHATCOM COUNTY (AB94 -520)
Mary Scrimsher, Transportation Services, gave a staff report. She explained that
this is to add areas to the franchise.
The hearing was opened.
Hearing no one, the hearing was closed.
Regular Council Minutes, 11/8/94, Page 3
Henderson moved approval.
Henderson moved to amend conditions negotiated with cable company. On -going
negotiations would apply to these conditions.
Dan Gibson spoke to the amendment, saying it is not clear enough and not
specific enough.
Henderson withdrew his motion.
Brenner moved to grant the request for one year.
Imhof moved to put in Public Services and Solid Waste Committee.
Motion carried unanimously.
2. PETITION FOR THE VACATION OF A PORTION OF OAK STREET,
FILED BY LYNNE T. SWAN (AB94 -458)
Ed Henken, Engineering, recommended approval.
The hearing was opened.
Hearing no one, the hearing was closed.
Dawson moved approval.
Motion carried unanimously.
3. ORDINANCE ADOPTING THE 1995 BUDGET FOR WHATCOM
COUNTY (AB94 -538) (HEARING WILL BE CONTINUED TO
NOVEMBER 15; FINAL ACTION BY COUNCIL WILL TAKE PLACE
NOVEMBER 22)
The hearing was opened.
Hearing no one, the hearing was closed. The hearing was continued to
November 15.
4. ORDINANCE ADOPTING THE 1995 WHATCOM COUNTY UNIFIED
FEE SCHEDULE (AB94 -540) (HEARING WILL BE CONTINUED TO
NOVEMBER 15; FINAL ACTION BY COUNCIL WILL TAKE PLACE
NOVEMBER 22)
Regular Council Minutes, 11/8/94, Page 4
The hearing was opened.
Hearing no one, the hearing was closed. The hearing was continued to
November 15.
5. RESOLUTION ADOPTING THE 1995 SIX -YEAR PHYSICAL PLANT
AND FACILITIES CAPITAL PROGRAM RELATING TO BUILDINGS
AND FACILITIES FOR WHATCOM COUNTY, WASHINGTON
(AB94 -543) (HEARING WILL BE CONTINUED TO NOVEMBER 15;
FINAL ACTION BY COUNCIL WILL TAKE PLACE NOVEMBER 22)
The hearing opened.
Hearing no one, the hearing was closed. The hearing was continued to
November 15.
6. ORDINANCE ESTABLISHING SPEED LIMITS ON CERTAIN
COUNTY ROADS (EAST HEMMI ROAD) (AB94 -544)
Ed Henken, Engineering, recommended 35 mph speed limit due to number of
accidents.
The hearing was opened.
Hearing no one, the hearing was closed.
Brenner moved approval.
Motion carried unanimously.
7. ORDINANCE ESTABLISHING SPEED LIMITS ON CERTAIN
COUNTY ROADS (A PORTION OF LAUREL ROAD) (AB94 -545)
Ed Henken, Engineering, recommended reduction adjacent to school zone.
The hearing was opened.
Hearing no one, the hearing was closed.
Nelson moved approval
Motion carried unanimously.
Regular Council Minutes, 11/8/94, Page 5
8. ORDINANCE ESTABLISHING SPEED LIMITS ON CERTAIN
COUNTY ROADS (ARNIE ROAD) (AB94 -546)
Ed Henken, Engineering, recommended increasing speed to 35 mph.
The hearing was opened.
Hearing no one, the hearing was closed.
Starkenburg moved approval.
Motion carried unanimously.
OTHER ITEMS
1. DISCUSSION OF NOOKSACK BASIN PROTECTION STEERING
COMMITTEE BUDGET AND FUNDING OPTIONS (AB94 -561)
Starkenburg reported for Finance Committee, which recommended approval of
this as a budgeting matter and include in budget preparation process. (Remove from
River Improvement Fund and put in Current Expense)
2. ORDINANCE TO AMEND THE LYNDEN NOOKSACK VALLEY
SUBAREA COMPREHENSIVE PLAN MAP AND THE OFFICIAL
WHATCOM COUNTY ZONING MAP FROM R5A TO GENERAL
COMMERCIAL (AB94 -547)
Nelson moved approval.
Motion carried unanimously.
3. ORDINANCE TO AMEND URBAN FRINGE SUBAREA
COMPREHENSIVE PLAN MAP AND THE OFFICIAL WHATCOM
COUNTY ZONING MAP (AB94 -313)
Nelson moved approval.
Gibson addressed the appearance of fairness and the need or question of whether
to have a hearing.
A public hearing will be scheduled for December 6.
Attorney Roger Ellingson asked that the record be left open.
Regular Council Minutes, 11/8/94, Page 6
4. ORDINANCE REQUIRING JURISDICTION NOTICE ON ENTERING
RESERVATION LANDS (AB94 -423) (FROM 10/25)
This item was held in Committee.
The Prosecuting Attorney is to draft a letter to Mr. Cagey or make some
suggestions to Council.
5. ORDINANCE AMENDING TITLE 21 REGARDING PLAT
APPROVALS (AB94- 307)(FROM 10/25)
Nelson moved approval.
Nelson moved to amend by adding on Section C, pg 134, at end of sentence: "...at
the time" ectsti.
Henderson moved to amend pg 134 by deleting lines 34 and 35.
Motion to amend failed.
Main amended motion carried unanimously.
6. RESOLUTION DECLARING TEXT AMENDMENT FILE 19 -94:ZT AS
AN EMERGENCY MEASURE (AB94 -564)
Nelson moved to approve.
Motion carried unanimously.
7. CONSIDERATION OF THE APPEAL OF THE HEARING
EXAMINER'S DECISION ON GEORGIA PACIFIC LANDFILL
(CUP90 -73), FILED BY GEORGIA PACIFIC CORPORATION (AB94-
471)
This item was held for two weeks, with a decision to be issued
November 22.
8. RESOLUTION REQUESTING FEDERAL COOPERATION IN
RESEARCHING NOOKSACK BASIN WATER ISSUES (AB94 -527)
Henderson moved to approve the resolution.
Motion carried unanimously.
Regular Council Minutes, 11/8/94, Page 7
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
4
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
9. REVISED RESOLUTION FOR VACATION OF A PORTION OF BRANNIAN
LAKE SHORE PLAT, ETC. (AB94 -101B)
Imhof moved approval.
Motion carried unanimously.
INTRODUCTION ITEMS
1. RECEIPT OF PETITION TO CREATE A NO SHOOTING ZONE IN
THE CAMP 2 ROAD AREA, SEDRO WOOLLEY (SOUTH END OF
LAKE WHATCOM), FILED BY LYLE HARRIS (AB94 -555)
2. ORDINANCE TO SET THE WHATCOM COUNTY HEALTH
DEPARTMENT'S MONTHLY PETTY CASH ALLOWANCE AT $1,000
(AB94 -565)
3. ORDINANCE ESTABLISHING PARKING CONTROL ON WEST
SMITH ROAD (AB94 -566) (HEARING TO BE SCHEDULED)
4. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 11 (AB94-
567)
Brenner moved approval of the Introduction Items.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
NW Annex Parking (AB94- 94- 499A): There was much ash from the burners at
the old building. The Capital Projects Committee recommends verbal approval of
$180,000 for parking improvement project.
■Henderson reported a need for an additional $25,000 to continue the parking lot
improvements.
■Blaine, Birch Bay, Lynden, Nooksack, Everson and Sumas officials would like to
meet with the Public Services and Solid Waste Committee on December 13 at 9
a.m. in Lynden at their meeting. Can Finance Committee be moved to another
time that day? They want to talk to us about a project regarding compost
materials. Agreement was to discuss this matter at a later date and let them
know.
Regular Council Minutes, 11/8/94, Page 8
1 Shellfish Protection Area (AB94 -556): The Department of Health is
2 recommending a downgrade in Drayton Harbor, which would need a shellfish protection
3 area.
4 Brenner asked that Henderson put this in writing, as it is too confusing.
5
6 Cascadia Group, Cross Border Issues (AB94 -300): There will be a meeting on
7 November 16 in Seattle regarding the cross - border. Henderson will do a presentation
8 before the Cascadia Group.
9
10 Irrigation District (94 -273): Starkenburg asked that The Bellingham Herald put
11 more information in the paper for citizens. Council Clerk will give pertinent
12 information.
13
14 Extended Area Telephone Service (AB93 -328): There is a meeting on November
15 11 at 1:30 p.m. for a process update.
16
17 Shellfish Protection Area (AB94 -556): Larry Harris will speak with the
18 Executive, and this item will be in committee in the future.
19
20 one City of Bellingham has invited the Council to attend their meeting on
21 November 14 to discuss 911 emergency services and the Medic contract.
22
23 NW Marine Sanctuary (AB93 -507): The Department of Ecology is meeting on
4 December 9 or 10.
25
26 ■There is a meeting every Wednesday with the Planning Department from 2 p.m.
27 to approximately 9 p.m. beginning November 30.
28
29 ADJOURN
30
31 The meeting was adjourned at 8:50 p.m.
32
33 (�
34
35 Malina, McAllister; Recording Secretary
36
37 These minutes were approved by the Council on February 28 , 1994.
38
39 ATTEST: WHATCOM COUNTY COUNCIL
40 WHATCOM COUNTY, WASHINGTON
41
42
43
44 'Ra ves, Clerk of the Council Robert lmhof,'CounW Chair
Regular Council Minutes, 11/8/94, Page 9