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HomeMy WebLinkAboutCouncil November 14 19952 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 WHATCOM COUNTY COUNCIL Regular Council Meeting November 14, 1995 The meeting was called to order at 7 p.m. by Council Chair Robert Imhof in the Council Chambers, 311 Grand Avenue. Also Present: Marlene Dawson Barbara Brenner Larry Harris Alvin Starkenburg Ken Henderson Ward Nelson Bellingham City Council Members Present: Gene Knutson Don Gischer Bruce Ayers Louise Bjornson Bob Hall Arne Hanna Absent: None Absent: Pat Rowe Imhof announced that the first item under public hearings was moved to the beginning of the meeting. PUBLIC HEARINGS 1. DRAFT ORDINANCE GRANTING A 15 -YEAR FRANCHISE TO TCI CABLEVISION (AB95 -307A) This was a joint meeting of the Bellingham City Council and the Whatcom County Council. Mark Challender, spokesman for the Citizen Committee on the Cable Franchise, gave a staff report. He introduced Dan Crocker, General Manager of TCI Cablevision. Challender reported on the accomplishments of TCI cable and the use of revenue. Some of the following key points mentioned were: 15 -year term of agreement; three year review option; access channel; system upgrade; annual franchise fee payment; and improved customer service. Council Minutes, 11/14/95, Page 1 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 Z5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Some of the issues Crocker reported on were the TCI fiber optic operations; service; and community involvement. He also explained the regulating of programming, noting that the programming by TCI is set by the Federal Communication Commission. He discussed rebuilt. Dick Little, City Assistant Attorney, stated he wanted it on the record that City Councilman Pat Rowe was absent. Discussion followed. The public hearing was opened by Bob Imhof and Gene Knutson. Matt Shay, Western Washington University John Mortenson, 2828 Northwest Ave. Lynn Barton, 2006 Iron Street Marlin Prowell, 3933 Silver Beach Ave. Dean Evanson, 2501 College Street Shelly Muzzy, 1006 -15th Frank Travis, 402 Boulvard Rob Ashby Doug Allenbaugh, 732 North Forest Jim Cozad Laris Kongushug, 1423 Euclid Ave. Suzanne Blaze, 2628 Cherry Street Bill Gorman, 801 - 38th Street Kiko Anderson, 900 Nowell Street John Berry, 540 Birtram Road, Lynden Kevin Corrington, 2715 - 25th Street Laurel Baldwin, 3933 Silver Beach Ave. Joe Richardson Dennis Lane Imhof closed the public hearing. Henderson requested that the written testimony be left open until Wednesday, November 22, 1995. Council was in agreement. Imhof requested a list of questions and concerns be drawn up from tonight's open session and be sent to Dan Crocker for explanation. Brenner requested a joint work session be scheduled. After discussion, it was decided to wait until after the November 22 deadline for written comments. Council Minutes, 11/14/95, Page 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Bruce Ayers requested a list of the people who spoke tonight be put on a mailing list for work sessions and upcoming meetings regarding the franchise. Dick Little expressed concerns about the need for timing on passing of the ordinance. Crocker clarified some of the questions and concerns about the public access programming, definition of rules and regulations, and Western Washington University Radio Station and limitation of channel capacity. He also explained operational funding and discussed the Northwest News channel, which will be available December 18. (Clerk's Note. A five- minute break was taken.) OPEN SESSION The following people addressed the Council: Lori Province, Jobs with Justice: WIC Program (AB95 -276D) Frank James, Health Officer: WIC Program (AB95 -276D) Lori Province: WIC Program (AB95 -276D) Melissa Osterdahl, 2615 Birchwood Ave.: WIC Program (AB95 -276D) Linda Larshus, 1105 Kenoyer Drive: Affordable Housing (AB95 -427A) Karen Lawson, Helweg Lane: Affordable Housing (AB95 -427A) Kathleen O'Conner, 1430 Garden Street: WIC Program (AB95 -276D) Lea Butler, Grads Team Parent Education Program: WIC Program (AB95 -276D) Tom Burton, 1346 Blaine Ave.: Affordable Housing (AB95 -427A) Maureen Heaton, 1507 Lincoln Street: Canvassing Election Jody Brinkley: WIC Program (AB95 -276D) Donna Palmer, 3778 Aldergrove Road: Affordable Housing (AB95 -427A) Amanda Herting, 1420 Lakeway Drive #6: WIC Program (AB95 -276D) Douglas Ven, 5438 B Strand Road, Deming: WIC Program (AB95 -376D) and Affordable Housing (AB95 -427A) Trista Herting, 1420 Lakeway Drive #6: WIC Program (AB95 -276D) Pat Allissy, 4825 Alderson Road, Birch Bay: WIC Program (AB95 -376D) and Affordable Housing (AB95 -427A) CONSENT AGENDA Starkenburg moved approval of all three consent agenda items. Motion carried unanimously. 1. BID AWARD RECOMMENDATION TO THE ONLY BIDDER, CLAUSON LIME COMPANY, FOR RIPRAP ROCK (AB95 -443) Council Minutes, 11/14/95, Page 3 2. BID AWARD RECOMMENDATION TO THE HIGHEST RATED AND LOWEST BIDDER, SATELLITE SHELTERS INTERNATIONAL, INC., FOR PORTABLE FABRIC FRAME SYSTEM IN THE TOTAL AMOUNT OF $53,100 (AB95 -444) 3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A BANKING SERVICES CONTRACT EXTENSION FOR TWO YEARS TO DECEMBER 31, 1997 WITH KEY BANK (AB95 -445) PUBLIC HEARINGS 1. DRAFT ORDINANCE GRANTING A 15 -YEAR FRANCHISE TO TCI CABLEVISION (AB95 -307A) This item was handled at the beginning of the meeting. Starkenburg requested this be placed in Public Works and Capital Projects Committee after all written comments have been received. The Council agreed. 2. ORDINANCE ADOPTING THE 1996 WHATCOM COUNTY UNIFIED FEE SCHEDULE (AB95 -435) Nate Brown, Planning and Development Services Director, gave a staff report. Imhof opened the public hearing. Seeing no one, Imhof closed the public hearing. Discussion followed with Brown. This item was held in Finance and Administrative Services Committee until November 21 and held for budget process for the November 28 meeting. 3. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN WHATCOM COUNTY FOR THE YEAR OF 1996 (AB95 -436) Bob Woods commented on the ordinance and its modifications. Imhof opened the public hearing. Seeing no one, Imhof closed the public hearing. Council Minutes, 11/14/95, Page 4 This item was held for budget process for the November 28 meeting. OTHER ITEMS 1. RESOLUTION SUPPORTING A FUNDING CONTRIBUTION FROM WHATCOM COUNTY FOR THE WHATCOM MUSEUM OF HISTORY AND ART FOR WINDOW REPAIR IN THE TOTAL AMOUNT OF $95,000 OVER A TWO -YEAR PERIOD (AB95 -432) Starkenburg reported for Finance and Administrative Services Committee and moved approval of the resolution. There was discussion on the motion. Brenner moved to table the resolution. Motion failed 1 -6 with Brenner in favor. Motion for approval carried unanimously. 2. RESOLUTION ADOPTING A SALARY SCHEDULE FOR THE UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE YEAR 1996 (AB95 -433) Starkenburg reported for Finance and Administrative Services Committee and moved to hold in committee for the November 21 budget hearing. Bob Woods, Council Budget and Program Analyst, commented on the resolution. 3. RESOLUTION ADOPTING THE 1996 SIX -YEAR PHYSICAL PLANT AND FACILITIES CAPITAL PROGRAM RELATING TO BUILDINGS AND FACILITIES FOR WHATCOM COUNTY (AB95 -434) Starkenburg reported for Finance and Administrative Services Committee and noted the replacement of page 21 in the packet was handed out in committee. He requested a public hearing on November 21. Bob Woods commented. It was agreed to hold a public hearing on November 21. 4. ORDINANCE ESTABLISHING THE ADMINISTRATIVE SERVICES FUND AND CONSOLIDATION AND CLOSURE OF VARIOUS OTHER FUNDS (AB95 -297A) Council Minutes, 11/14/95, Page 5 1 Starkenburg reported for Finance and Administrative Services Committee and 2 moved adoption of the ordinance. 3 4 Brenner requested amendment of the name. There was discussion on this. 5 6 Starkenburg suggested this be addressed in the 1997 budget. 7 8 Motion carried unanimously. 9 10 5. ORDINANCE AMENDING WHATCOM COUNTY BUDGET 11 ORDINANCE 94 -073 BY ADDING $25,000 TO THE CURRENT 12 EXPENSE FUND FOR LEAVE PAYOUT OF EMPLOYEES BEING 13 LAID OFF IN 1995 AND FOR EQUIPMENT REPLACEMENT IN THE 14 AMOUNT OF $2,452 FOR THE DEVELOPMENTAL DISABILITIES 15 FUND (AB95 -437) 16 17 Starkenburg reported for Finance and Administrative Services Committee and 18 moved adoption of the ordinance. 19 20 Motion carried unanimously. 21 22 6. RESOLUTION SUPPORTING A COMMUNITY DEVELOPMENT 23 BLOCK GRANT (CDBG) APPLICATION FOR FUNDING TO ASSIST '4 IN THE CREATION OF AFFORDABLE HOUSING (AB95 -427A) 25 26 Starkenburg reported for Finance and Administrative Services Committee and 27 moved adoption of the resolution. 28 29 Motion carried unanimously. 30 31 7. APPEAL OF HEARING EXAMINER DECISION: FILE # VAR995- 32 0011 FILED BY WHATCOM COUNTY PLANNING AND 33 DEVELOPMENT SERVICES DEPARTMENT (AB95 -440) 34 35 Nelson moved to reverse the Hearing Examiner's decision and grant the variance. 36 37 Motion carried unanimously. 38 39 Nate Brown, Planning and Development Director, requested to meet with Ed 40 Good, the Hearing Examiner, and the Council Chair regarding this issue to discuss and 41 clarify the Hearing Examiner's definition of the Whatcom County Code (WCC). 42 43 44 Council Minutes, 11/14/95, Page 6 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 INTRODUCTION ITEMS Henderson moved approval of the introduction items. Motion carried unanimously. 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.05, SEWAGE CONTROL REGULATIONS (AB94 -581) (HEARING TO BE SCHEDULED) 2. ORDINANCE AMENDING THE WHATCOM COUNTY HEALTH CODE BY CREATING CHAPTER 24.09, COMPOST QUALITY REGULATIONS (AB94 -601) (HEARING TO BE SCHEDULED) 3. RECEIPT OF PETITION PROPOSING THE FORMATION OF A NO- SHOOTING ZONE IN THE NELSON ROAD AREA (AB95 -449) 4. ORDINANCE AMENDING TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING CODE, REGARDING PLANT NURSERIES (AB95 -442) (SCHEDULED FOR DISCUSSION IN PLANNING AND DEVELOPMENT SERVICES COMMITTEE AND FOR A HEARING BEFORE THE FULL COUNCIL 11128) 5. ADMINISTRATIVE CHANGES IN THE NORTH SOUND REGIONAL NETWORK (AB95- 44.1)(HF.ARING TO BE SCHEDULED) 6. A RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN SPACE /TIMBER APPLICATIONS (AB95 -446) (HEARING TO BE SCHEDULED) 7. A RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN SPACE /OPEN SPACE AND OPEN SPACE /OPEN SPACE FARM AND AGRICULTURE CONSERVATION APPLICATIONS (AB95 -447) 8. AN ORDINANCE AMENDING WHATCOM COUNTY BUDGET ORDINANCE 94 -073 BY ADDING $68,206 TO THE CURRENT EXPENSE FUND, SHERIFF'S OFFICE, AND $29,743 TO THE DEVELOPMENTAL DISABILITIES FUND (AB95 -448) 9. RESOLUTION AGREEING TO A DISTRIBUTION PLAN FOR ALLOCATING GROWTH MANAGEMENT ACT FUNDS (AB95 -450) Council Minutes, 11/14/95, Page 7 1 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS 2 3 1996 Budget (AB95- 276D): Starkenburg reminded all Council members of next 4 week's budget meeting. 5 6 Canvassing of the General Election: Dawson agreed to canvass on Monday. No 7 one will be available Tuesday because of the Council meeting. Harris agreed to canvass 8 on Wednesday. 9 10 The Futures Levy discussion and the Advisory Ballot: Harris reported this was 11 held in committee. 12 13 Washington State Association of Counties Convention: Henderson reported it 14 was an informative session. 15 16 ADJOURN 17 18 The meeting was adjourned at 9:40 p.m. 19 20 21 22 23 '4 Nadean Hanson, Recording Secretary 25 26 These minutes were approved by the Council on December 12 , 1995. 27 28 ATTEST: 29 30 31 32 (,-,____- 33 J 34 35 rows- Davis, erk 36 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Council Minutes, 11/14/95, Page 8