HomeMy WebLinkAboutCouncil February 28 19951
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WHATCOM COUNTY COUNCIL
Regular Council Meeting
February 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:
Marlene Dawson None
Barbara Brenner
Alvin Starkenburg
Larry Harris
Ken Henderson
Ward Nelson
READING AND APPROVAL OF MINUTES FOR THE NOVEMBER 8 AND 22,
AND DECEMBER 6 AND 13, 1994 REGULAR COUNCIL MEETINGS AND THE
JANUARY 3, 10, AND 24, AND FEBRUARY 7, 1995 REGULAR COUNCIL
MEETINGS.
The minutes were all approved as written.
ANNOUNCEMENTS
Special Council meeting tomorrow, March 1, at 6:30 p.m. at the Lynden Community
Center to discuss the Comprehensive Plan.
Imhof also reported that in executive session the Committee of the Whole discussed
the Hearing Examiner's appeal of the Custer Rezone (APL 94- 0018).
Harris moved to uphold the Hearing Examiner.
Motion failed 3-4 with Harris, Henderson and Brenner in favor.
Starkenburg moved to overturn the Hearing Examiner.
The motion carried 4 -3 with Henderson, Harris and Brenner opposed.
Imhof announced there will be a work session March 7 from 11:30 to 1 :30 on flow
control.
Regular Council Minutes, 2/28/95, Page 1
1 Imhof also announced that Committee of the Whole discussed in executive session
2 the Stipulation of Settlement reached between Alden Bodtke ( Bodtke Grandview Acres),
3 Whatcom County Division of Engineering and Whatcom County Land Use Division (AB94-
4 570).
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6 Henderson moved to adopt the stipulation of settlement reached between Alden
7 Bodtke ( Bodtke Grandview Acres), Whatcom County Division of Engineering and Whatcom
8 County Land Use Division.
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10 Motion carried unanimously.
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12 OPEN SESSION
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14 The following people addressed the Council:
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16 Dr. Hruby, 8571 Valley View Road, Ferndale: Concerned about political process.
17 Peggy Hinton, 302 Prince Avenue, Bellingham: Ordinance to amend the text of Title
18 20 (AB95 -096)
19 Al Hammers, 3007 Plymouth Drive, Bellingham, Ordinance to amend administrative
20 duties of the Health Officer (AB94 -573)
21 John Kehres, 2544 Mt. Baker Highway: Ordinance amending Ordinance 92 -001
22 granting franchise to Black Rock Cable (AB94 -520)
23 Frank James, Health Officer: Health Officer Ordinance (AB94 -573)
24 Sebulon Werre, 1792 E. Smith Road: His property is on Mt. Baker Highway, and
25 he feels he is being harassed by the building permit process.
26 Gene Hanacek, 8601 Semiahmoo Drive, Birch Bay: Beacon Group concomitant
27 agreement amendment (AB95 -110).
28 Richard Gilda, Jensen Road, Bellingham: Ordinance amending light industry in the
29 Foothills (AB95 -097), accessory dwellings in Lake Whatcom (AB95 -098) and Critical Areas
30 Ordinance (AB94 -548).
31 Dal Neitzel, 3781 Centerville, Lummi Island: Cable Advisory Committee has
32 concerns about Mary Scrimsher not serving on the committee.
33 Don Keenan: Administrative duties of the Health Officer (AB94 -573)
34 Linda Kenny, 3323 Hollywood Avenue, Bellingham: Continued involvement of
35 Whatcom County in the negotiations of cable franchise renewal with TCI (AB94- 340A).
36 Larry McCarter, RDS: Designation
37 Claudia Hollad, 927 Key Street, Bellingham: Critical Areas Ordinance (AB94 -548),
38 not Custer Rezone (AB95 -005); Health Officer (AB94 -573); Beacon Group concomitant
39 agreement amendment (AB95 -110).
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41 Seeing no other speakers, open session was closed.
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Regular Council Minutes, 2/28/95, Page 2
I
CONSENT
AGENDA
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1.
REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
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INTO A LEASE AGREEMENT WITH WHATCOM POWER
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CORPORATION FOR THE USE OF COUNTY -OWNED PROPERTY
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FOR THE GENERATION OF ELECTRIC POWER (AB95 -100)
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2.
REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
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INTO AN AGREEMENT WITH SEAMAR COUNSELING FOR
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VARIOUS SERVICES TO INDIGENT AND LOW -INCOME CLIENTS
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FOR $18,293.50 (AB95 -101)
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3.
REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
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INTO AN AGREEMENT WITH W. D. PURNELL AND ASSOCIATES
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FOR CONSULTING SERVICES FOR GROUNDWATER AND
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LANDFILL GAS MONITORING SERVICES AT THE CEDARVILLE
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LANDFILL FOR $38,350 IN 1995 (AB95 -114)
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4.
REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
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INTO AN AMENDMENT TO THE AGREEMENT WITH ROBERT
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JURICA FOR SERVICES TO THE SOLID WASTE PROGRAM BY
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EXTENDING THE TERM AND CONSIDERATION OF THE ORIGINAL
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CONTRACT (AB95 -115)
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5.
BID AWARD RECOMMENDATION FOR A STOCKLESS OFFICE
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SUPPLY SYSTEM TO THE LOW BIDDER, BOISE CASCADE OFFICE
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PRODUCTS DISTRIBUTION DIVISION FOR $84,220.54 (AB95 -116)
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6.
BID AWARD RECOMMENDATION FOR THE NORTH COUNTY
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ASPHALT PRELEVEL PROJECT TO THE LOW BIDDER, WILDER
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CONSTRUCTION COMPANY FOR $168,883 (AB95 -117)
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7.
BID AWARD RECOMMENDATION FOR POINT ROBERTS
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AGGREGATE CRUSHING CONTRACT FOR THE CHIP SEALING
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PROGRAM FOR THE MAINTENANCE OF ROADS IN POINT
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ROBERTS TO THE LOW BIDDER, CONSTRUCTION AGGREGATES
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LTD., AT A UNIT PRICE OF $24.64 FOR A TOTAL OF $879840 (AB95-
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118)
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8.
BID AWARD RECOMMENDATION FOR THE POINT ROBERTS
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ASPHALT PRELEVEL PROJECT TO THE LOW BIDDER, WHATCOM
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BUILDERS, INC., FOR $101,725 (AB95 -119)
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Regular Council Minutes, 2/28/95, Page 3
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9. BID AWARD RECOMMENDATION FOR. FIVE SMALL EXTENDED
CAB PICKUP TRUCKS TO PIONEER FORD FOR $85,447.67 (AB95-
120)
10. BID AWARD TO MULTIPLE SOURCES (ASSOCIATED SAND AND
GRAVEL COMPANY, INC., JACK CEWE, LTD., WHATCOM
BUILDERS, INC., AND WILDER CONSTRUCTION COMPANY) FOR
ALPHALTIC MIXES FOR ROAD MAINTENANCE AND REPAIR
DURING THE COMING SEASON (AB95 -121)
11. RESOLUTION DECLARING WHATCOM COUNTY PROPERTY
SURPLUS (PEA GRAVEL) AND SETTING A PUBLIC HEARING (AB95-
122)
12. RESOLUTION ESTABLISHING CRP 995014 AND AWARDING THE BID
FOR THE STRUCTURAL OVERLAY OF SLATER ROAD - ]FERNDALE
ROAD TO B.N.R.R. TO THE LOW BIDDER, WILDER CONSTRUCTION
COMPANY, FOR $349,918 INCLUDING TAXES (AB95 -123)
13. RESOLUTION SETTING HEARING AND NOTICE OF HEARING ON
THE SALE OF COUNTY -OWNED PROPERTY, WITHOUT BIDS,
REQUEST 95-4 (ROSBRUGH'S FIRST ADD TO BLAINE, LOT 8, BLOCK
1, ETC. (AB95 -124)
14. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO APPLY
FOR A $31,000 GRANT FROM RONALD MCDONALD'S CHILDREN'S
CHARITIES FOR COMBINED TREATMENT SERVICES, SUBSTANCE
ABUSE SECTION, TO ASSIST WITH THE YOUTH TASK FORCE
(AB95 -125)
Starkenburg moved approval of the Consent Items.
Items 1, 4, 9 and 14 were pulled from the Consent Items.
Motion to approve all but Items 1, 4, 9 and 14 carried unanimously.
Item 1 was held in Committee until March 14.
Item 4: Brenner moved to deny authorization.
Jeff Monsen, Public Works, gave a presentation of the background of the issue. He
said he would need to either hire Jurica or an outside consultant.
Motion failed 1 -6 with Brenner in favor.
Regular Council Minutes, 2/28/95, Page 4
Imhof moved approval.
Motion carried 6 -1 with Brenner opposed.
Item 9: Nate Brown reported that one pickup would go to Planning & Development
to replace the one that has fallen apart. Also, two additional 4 x 4s are being added to the
fleet, one for Rivers and Floods and one to M & O.
Brenner moved to table this item in order to get more information.
Motion failed 1 -6 with Brenner in favor.
Starkenburg moved approval.
Motion carried 6-1 with Brenner opposed.
Item 14: John Hooper of Combined Treatment reported on the program.
Nelson moved approval of the authorization.
Motion carried unanimously.
OTHER ITEMS
1. RESOLUTION ADOPTING A SALARY SCHEDULE FOR THE
WHATCOM COUNTY COUNCIL FOR 1998 AND 1999 (AB95 -075)
Starkenburg reported for Finance Committee and moved approval.
Starkenburg moved to amend the resolution by changing the amount in line 16 from
$15,000 to $14,500.
Motion to amend carried 6 -1 with Brenner opposed.
Main motion carried 6 -1 with Brenner opposed.
2. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.01,
REGARDING THE ADMINISTRATIVE DUTIES OF THE HEALTH
OFFICER (AB94 -573) (s&o)
Starkenburg reported for Finance Committee and moved that the substitute
ordinance be considered.. Starkenburg moved approval of the substitute ordinance.
Imhof moved to table this item until the second meeting of April.
Regular Council Minutes, 2/28/95, Page 5
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Motion carried unanimously.
3. ORDINANCE AUTHORIZING AN INCREASE IN THE COUNTY
CLERK'S CASH DRAWER /CHANGE FUND (AB95 -092)
Starkenburg reported for Finance Committee and moved approval.
Motion carried unanimously.
4. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 1 (AB95-
099)
Starkenburg reported for Finance Committee and moved approval.
Motion carried unanimously.
5. ORDINANCE TO AMEND THE TEXT OF TITLE 20, THE OFFICIAL
WHATCOM COUNTY ZONING CODE, CHAPTER 20.67, GENERAL
MANUFACTURING DISTRICT, TO ADD EATING ESTABLISHMENTS,
CONVENIENCE GROCERY STORES, VEHICLE WASHES, ETC., AS
PERMITTED USES SUBJECT TO CERTAIN LIMITATIONS (AB95-
096)
Dawson reported for Planning Committee and moved approval.
Motion carried unanimously.
6. ORDINANCE AMENDING TITLE 20, THE OFFICIAL WHATCOM
COUNTY ZONING CODE, SECTION 20.20 TO ALLOW LIMITED
LIGHT INDUSTRIAL USES IN AREAS ZONED URBAN RESIDENTIAL
WITHIN THE FOOTHILLS, SOUTH FORK SUBAREAS, SUBJECT TO
CONDITIONS (AB95 -097)
Dawson reported for Planning Committee and moved approval. Dawson noted a
correction on page 3 that the clerk does not have which was approved by the Planning
Committee. The correction involved an omission of (13)(b), which stated that parking
services as opposed to area may be reduced if it can be demonstrated that on -street parking
will not be utilized as employee parking.
Henderson moved to amend the last sentence to,read: "This is to be reviewed by the
fire department fef IM approval."
Motion to amend carried unanimously.
Main motion carried unanimously.
Regular Council Minutes, 2/28/95, Page 6
7. ORDINANCE CONVERTING ACCESSORY DWELLINGS FROM
CONDITIONAL USES TO ADMINISTRATIVE APPROVAL USES,
MODIFYING THE REQUIREMENTS FOR LAKE WHATCOM AND
LUMMI ISLAND, CREATING AN ADMINISTRATIVE APPROVAL
SECTION FOR THE RESORT- COMMERCIAL ZONE, AND
MODIFYING THE REQUIREMENTS OF ADMINISTRATIVE
APPROVALS (AB95 -098)
Dawson reported for Planning Committee and gave no recommendation.
Dawson would like to include the rural forestry zone and increase the size to 1300
feet.
Brenner moved to hold a public hearing to consider increasing the size of accessory
units and including the rural forestry zone.
Harris moved to approve the ordinance as presented.
Imhof took a straw vote to determine how many people would like a hearing on unit
size.
Four members responded.
Imhof took a straw vote to determine how many people would like a hearing on rural
forestry.
Four members responded.
A hearing will be scheduled.
8. CONSIDERATION OF THE APPEAL OF HEARING EXAMINER'S
DECISION ON HEARING EXAMINER FILE NO. APL 94 -0018, CUSTER
REZONE, FILED BY FREESTONE, ET AL (ALSO KNOW AS THE
CUSTER REZONE) (AB95 -005)
(See under Announcements)
9. DISCUSSION OF THE STIPULATION OF SETTLEMENT REACHED
BETWEEN ALLEN BODTKE ( BODTKE GRANDVIEW ACRES),
WHATCOM COUNTY DIVISION OF ENGINEERING AND WHATCOM
COUNTY LAND USE DIVISION (AB94 -570)
(See under Announcements)
10. PLANNING COMMISSION NOMINATIONS /APPOINTMENTS (AB94 -604)
Regular Council Minutes, 2/28/95, Page 7
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District One:
Imhof opened the nominations.
Nelson nominated David Simpson.
Henderson nominated Elaine McRory.
Nelson nominated Dick Gilda.
Nelson moved to close nominations.
Motion carried unanimously.
Council appointed Simpson and Gilda.
District Three:
Imhof opened the nominations.
Brenner nominated Landcastle.
Imhof nominated Mischaikov.
Brenner moved to close nominations.
Motion carried unanimously.
Council appointed Landcastle 6 -1 with Henderson opposed.
NAME
Henderson
DAWSON
NELSON
IIVIHOF
HARRIS
BRENNER
Starkenburg
Landcasde
X
X
X
X
X
X
IHenderson
X
X
X
IStarkenburg
X
X
X
X
X
District Three:
Imhof opened the nominations.
Brenner nominated Landcastle.
Imhof nominated Mischaikov.
Brenner moved to close nominations.
Motion carried unanimously.
Council appointed Landcastle 6 -1 with Henderson opposed.
NAME
Henderson
DAWSON
NELSON
IMHOF
HARRIS
BRENNER
Starkenburg
Landcasde
X
X
X
X
X
X
Mischaikow
X
11. RESOLUTION COMMENDING RAMONA REEVES, CLERK OF THE
COUNCIL, AND BIDDING HER FAREWELL (AB95 -128)
Henderson moved approval of the resolution.
Motion carried unanimously.
Regular Council Minutes, 2/28/95, Page 8
12. RESOLUTION CHANGING COUNCIL MEETING DATES TO EVERY
OTHER WEEK RATHER THAN THE FIRST, SECOND, AND FOURTH
TUESDAYS OF THE MONTH (AB95 -129)
Imhof moved approval of the resolution.
Motion carried 4 -3 with Henderson, Harris and Brenner opposed.
13. ORDINANCE REGARDING ETHICS AND CONFLICT OF INTEREST
RULES AND PROCEDURES FOR BOARDS AND COMMISSIONS
(AB95 -079) (WAS IN PUBLIC WORKS AND ADMINISTRATIVE
SERVICES COMMITTEE 2/14) (s&o)
This has been withdrawn by the proponent.
14. RESOLUTION APPROVING THE COUNCIL OFFICE POLICY AND
- PROCEDURES HANDBOOK (AB95 -107)
Harris moved approval.
Motion carried unanimously.
15. NEW APPLICATION FOR A CLASS A, C LIQUOR LICENSE FOR THE
NORTH BELLINGHAM GOLF COURSE, 203 WEST SMITH ROAD,
BELLINGHAM BY CAITAC U.S.A. CORPORATION (KAIHATA,
SUZUKI, TERAOKA) (AB95 -126)
Imhof moved approval.
Motion carried unanimously.
16. ORDINANCE AMENDING ORDINANCE 92 -001 GRANTING
FRANCHISE TO BLACK ROCK CABLE (AB94 -520) (WAS IN PUBLIC
WORKS AND ADMINISTRATIVE SERVICES COMMITTEE 2/14)
(S &O)
Imhof moved approval.
Brenner moved to amend page 2, line 11 to read: 'Further, this franchise may be
subject to change based upon the outcome of TCI negotiations."
Brenner moved to strike the last sentence in that paragraph of the ordinance.
According to Dan Gibson, Council's counsel, the sentence could read: "The
extension of service area authorized by this amendment may be subject to change dependent
upon the outcome of the negotiations with TCI.
Motion to amend carried unanimously.
Regular Council Minutes, 2/28/95, Page 9
Motion to adopt carried unanimously.
INTRODUCTION ITEMS
1. DISCUSSION OF PROPOSED AMENDMENT TO BEACON GROUP
CONCOMITANT AGREEMENT (AB95 -110) (HEARING TO BE SCHEDULED
FOR MARCH 7)
2 RESOLUTION TO SELL COUNTY -OWNED SURPLUS PROPERTY (PEA
GRAVEL) (AB95 -122A)
3. RESOLUTION AUTHORIZING THE SALE OF COUNTY -OWNED
PROPERTY, WITHOUT BIDS, REQUEST 95 -4 (ROSBRUGH'S FIRST
ADD TO BLAINE, LOT 8, BLOCK 1, ETC. (AB95 -124A)
4. RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN
SPACE /TIMBER APPLICATIONS (AB95 -127)
Dawson moved to accept the Introduction Items.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Cascadia Cross Border Fee (AB95 -108): Henderson reported that this fee is dead.
CONSIDERATION OF APPOINTMENT OF DANA BROWN -DAVIS AS THE
CLERK OF THE WHATCOM COUNTY COUNCIL (AB95 -131)
Imhof moved .approval to appoint Dana Brown -Davis as Clerk of the Council.
(Clerk's Note. Ken Henderson expressed objection to the Administration not advertising
for high -level positions He stated Ms. Brown -Davis is "extremely well - qualified': While he
supports Ms. Brown - Davis, the process is wrong. He also stated that he would not have
hesitated in private industry, but government is a different process.)
Motion to appoint carried 6 -1 with Henderson opposed.
— Starkenburg pointed out that the minutes were not approved earlier in the meeting.
Starkenburg moved approval.
Motion carried unanimously.
Runaway Alliance (94 -434): Brenner reported on her attendance of the Runaway
Alliance in Olympia.
What -Comm 911 Interlocal Agreement (AB94- 144A): Starkenburg reported that this
Regular Council Minutes, 2/28/95, Page 10
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What -Comm 911 Interlocal Agreement (AB94- 144A): Starkenburg reported that this
item is now being discussed.
Interim Urban Growth Areas (AB94 -553): Gibson reported that we received a letter
today from the Growth Planning Hearings Board stating that we continue to be out of
compliance, however they made no recommendation of sanctions.
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The meeting was adjourned at 9:33 p.m.
Marina McAllister, Recording Secretary
These minutes were approved by the Council on Jun e 6 , 1995.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Regular Council Minutes, 2/28/95, Page 11