HomeMy WebLinkAboutCouncil June 14 1994WHATCOM COUNTY COUNCIL
Regular Council Meeting
June 14, 1994
The meeting was called to order by Council Chair Robert Imhoff at 7 p.m. in the
Council Chambers, 311 Grand Avenue.
Also Present: Absent:
Barbara Brenner None
Marlene Dawson
Larry Harris
Alvin Starkenburg
Ken Henderson
Ward Nelson
SPECIAL PRESENTATION
REPORT AND FINDINGS OF THE BLUE RIBBON PANEL;
RECOGNITION OF PANEL MEMBERS (AB94 -041B)
This has been postponed for one week until June 21.
OPEN SESSION (20 MINUTES)
Roger Beck, 9045 Shearwater Road, Blaine: West Semiahmoo Project (AB94 -315)
Greg Rogers, (mumbled... Avenue): York Street (AB94 -212A)
Lois Garlick, 297 Chuckanut Point: Contract with Langabeer, Tull and Cuillier
(AB94 -199)
CONSENT AGENDA
1. BID AWARD RECOMMENDATION FOR TWO LONG ARM
ROTARY BOOM MOWERS TO THE LOW BIDDER, COASTLINE
FORD TRACTOR FOR $15,900 EACH, WITH THE OPTION OF ONE
FLAIL HEAD AT $3,460 AND TWO ROTARY HEADS AT $6,044,
FOR A TOTAL OF $44,577.81, INCLUDING SALES TAX (AB94 -325)
2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH
DYANNE SHELDON TO ASSIST IN THE DEVELOPMENT OF AN
INTEGRATED ENVIRONMENTAL RESOURCE MANAGEMENT
PROGRAM FOR A MAXIMUM OF $23,000 (AB94 -326)
Regular Council Minutes, 6/14/94, Page 1
3. REQUEST ACCEPTANCE OF PROPOSAL BY LANDIS AND GYR
POWERS, INC., TO PROVIDE TECHNICAL ASSISTANCE AND
UPGRADES ON THE COURTHOUSE HVAC SYSTEM FOR A
THREE -YEAR TERM AT A COST OF $21,560 (AB94 -327)
4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH
THE WASHINGTON STATE DEPARTMENT OF COMMUNITY,
TRADE AND ECONOMIC DEVELOPMENT FOR ASSISTANCE IN
COMPLETING AN EIS ON THE UPDATED COUNTY
COMPREHENSIVE LAND USE PLAN (AB94 -331)
5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A CONTRACT AMENDMENT WITH LAKE
WHATCOM RESIDENTIAL & TREATMENT CENTER TO INCLUDE
THE TIME PERIOD 4/1/94 THROUGH 12/31/94 FOR A TOTAL OF
$50,335.84, WITH THE ENTIRE PERIOD OF 1994 NOW TOTALLING
$67,115 (AB94 -332)
6. REQUEST FOR AUTHORIZATION FOR JUVENILE COURT
ADMINISTRATION TO ACCEPT A GRANT FROM THE
DEPARTMENT OF SOCIAL AND HEALTH SERVICES, JUVENILE
JUSTICE DIVISION, FOR $47,900 TO IMPLEMENT A LEARNING
CENTER FOR JUVENILE OFFENDERS (AB94 -333)
7. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT 992249
AND THE AWARD OF CONTRACT FOR RECONSTRUCTION OF
EAST SMITH ROAD, NOON ROAD TO MISSION ROAD, TO THE
LOW BIDDER, WILDER CONSTRUCTION COMPANY, INC. FOR
$1,384,103 (AB94 -328)
8. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT 994017
FOR THE RECONSTRUCTION OF HANNEGAN ROAD, TEN MILE
ROAD TO SR 544, PHASE II, TO THE LOW BIDDER, WILDER
CONSTRUCTION COMPANY, INC., FOR $337,920 (AB94 -329)
9. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT 993029
FOR THE RECONSTRUCTION OF HANNEGAN ROAD, NORTH OF
VAN DYK ROAD TO FRONT STREET, LYNDEN, AND AWARD OF
BID TO THE LOW BIDDER, WILDER CONSTRUCTION COMPANY,
INC., FOR $965,401.50 (AB94 -330)
Starkenburg moved to approve the Consent Agenda.
Regular Council Minutes, 6/14/94, Page 2
Starkenburg moved to remove item 9; Brenner moved to remove item 6.
Motion carried unanimously to approve the Consent Agenda with Items 6 and 9
removed.
Harris moved to approve Item 6 being on the Consent Agenda.
Motion carried 6 -1 with Brenner opposed.
Jeff Monsen, Transportation Services, spoke to Item 9.
Starkenburg moved to approve Item 9 being on the Consent Agenda.
Motion carried unanimously.
PUBLIC HEARINGS
1. PETITION FOR VACATION OF A 60 -FOOT RIGHT -OF -WAY IN THE
PLAT OF BRANNIAN'S LAKE SHORE PLAT (AB94 -101)
(CONTINUED FROM 617)
Ed Henken, Engineering
Roger DeSpain, Parks & Recreation Director
The hearing was opened. Speakers were:
Rita Foley, 3878 Blue Canyon Road
Bill Brannian, 3846 South Bay Drive, Sedro Woolley
The hearing was closed.
Several questions were asked of Dan Gibson, counsel for the Council.
Imhof moved to approve the Petition.
Brenner moved to amend the motion to add the language as perfected by legal
counsel that in relinquishing the easement, the Council would mandate that the property
remain in the natural state.
Motion carried 4 -3 with Dawson, Harris and Imhof opposed.
Main motion carried 4 -3 with Harris, Imhof and Henderson opposed.
Regular Council Minutes, 6/14/94, Page 3
OTHER ITEMS
1. 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)
Nelson reported Planning & Development Committee held this item for two
weeks for additional information.
2. RESOLUTION RECONSIDERING THE OPEN SPACE APPLICATION OF
KARLHEINZ SCHWAB, EXTENSION OF TIME FOR FILING TIMBER
MANAGEMENT PLAN (AB94 -309)
Nelson reported Planning & Development Committee held this item until staff
can provide additional information.
Dan Gibson explained this situation.
Harris moved to approve the resolution. He pointed out several scrivener's errors
and then suggested striking the first four "Whereas" statements.
Motion carried unanimous.
No action was taken on the suggestion to strike the "Whereas" statements.
3. DISCUSSION OF AND REQUEST FOR CONFIRMATION OR
WAIVER OF FRANCHISE REQUIREMENTS CONTAINED IN
ORDINANCE 92 -076 (GUINESS COMMUNICATIONS) (AB94 -292)
Brenner reported Public Services & Solid Waste Committee held this item until
after the hearing on TCI Cablevision's application for franchise (AB94 -340).
4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A CONTRACT FOR TEMPORARY HEARING
EXAMINER SERVICES WITH LANGABEER, TULL & CUILLIER
FOR $6,000 (AB94 -199) (CONTINUED FROM 5124 MEETING)
Starkenburg reported Finance & Personnel Committee's update on this matter.
He moved to approve the Hearing Examiner's selection process proposed by Ed Good.
Regular Council Minutes, 6/14/94, Page 4
Henderson moved to amend the policy by adding language in Item 3, page 93 to
read: "The Finance & Personnel Committee would make a recommendation to the full
Council." On Item 4, replace the existing language with: "Confirmation would be made
by the majority of the full Council."
Motion carried unanimously.
Motion to adopt process as amended carried unanimously.
5. RESOLUTION ON MANAGEMENT PRACTICES (AB94 -320)
Starkenburg reported Finance & Personnel Committee kept this in committee to
make changes to Items 2 and 5.
6. REQUEST FOR ACCEPTANCE OF PETITIONER'S BOND
RELATING TO THE FORMATION OF AN IRRIGATION DISTRICT
(WHATCOM AGRICULTURAL WATER DISTRICT) (AB94 -273A)
(CONTINUED FROM 617 MEETING)
Starkenburg reported this item has been pulled from Finance & Personnel
Committee. Additional legal counsel is being sought regarding cost.
Dan Gibson commented by asking how much work can be done on this by
volunteers for the Auditor's Office to defray the cost?
7. CONFIRMATION OF THOMAS D. SUTBERRY AS DIRECTOR OF
THE ADMINISTRATIVE SERVICES DEPARTMENT (AB94 -334)
Shirley Van Zanten spoke to this issue.
Harris moved to approve the confirmation request.
Motion carried 5 -2 with Brenner and Henderson opposed.
8. DISCUSSION OF A FEASIBILITY STUDY FOR PROPOSED
ACADEMY ROAD RID (AB94 -266A)
Jeff Monsen, Transportation Services, requested that this item be referred to the
Finance Committee on June 28 for further review.
9. RESOLUTION ON PROCEDURE FOR FORMATION OF ROAD
IMPROVEMENT DISTRICTS (AB94 -336)
Regular Council Minutes, 6/14/94, Page 5
Jeff Monsen, Transportation Services, requested this item be referred to the
Finance Committee on June 28.
Harris moved to refer both Items 8 and 9 to Finance and Personnel Committee.
Motion carried unanimously.
10. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO
MAKE FORMAL APPLICATION TO THE INTERAGENCY
COMMITTEE FOR OUTDOOR RECREATION FOR FUNDING
ASSISTANCE FOR TRAIL PLANNING ON CHUCKANUT
MOUNTAIN (AB94 -337)
Roger DeSpain, Director, Parks & Recreation, spoke to this issue.
Dawson moved to approve.
Motion carried unanimously.
11. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO
MAKE FORMAL APPLICATION TO THE INTERAGENCY
COMMITTEE FOR OUTDOOR RECREATION FOR FUNDING
ASSISTANCE TO ACQUIRE LAND FOR OUTDOOR RECREATION
OPPORTUNITIES IN SOUTHERN WHATCOM COUNTY (AB94 -338)
Roger DeSpain, Director, Parks & Recreation, spoke to this issue.
Brenner moved to approve.
Motion carried unanimously.
OTHER BUSINESS
Dawson moved to limit the West Semiahmoo hearing to traffic circulation issues
only (AB94 -315).
Roger Beck addressed the Council on the West Semiahmoo project.
Harris amended the motion to include the Fire District.
Motion failed 2 -5 with Brenner and Harris in favor.
Main motion carried 4 -3 with Brenner, Harris and Henderson opposed.
Regular Council Minutes, 6/14/94, Page 6
INTRODUCTION ITEMS
1. RESOLUTION IN THE MATTER OF THE COMPREHENSIVE SIX -
YEAR ROAD PROGRAM FOR 1995 THROUGH 2000 (AB94 -339)
(HEARING TO BE SCHEDULED ON 6/28; SPECIAL ADVERTISING
REQUIREMENTS)
2. ORDINANCE IN THE MATTER OF 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) (HEARING TO BE SCHEDULED;
SPECIAL ADVERTISING /POSTING REQUIREMENTS INVOLVED)
3. ORDINANCE AMENDING THE BUDGET, SUPPLEMENTAL
REQUEST #5 (AB94 -341) (FINANCE AND PERSONNEL
COMMITTEE)
4. ORDINANCE ESTABLISHING AN EXCISE TAX ON RADIO ACCESS
LINES FOR CONTINUING OPERATION OF THE WHATCOM
COUNTY 911 EMERGENCY SYSTEM AND PROCEDURES FOR
COLLECTION AND ADMINISTRATION OF SAID TAX (AB94 -342)
(HEARING TO BE SCHEDULED; POSSIBLE SPECIAL
ADVERTISING REQUIREMENTS INVOLVED)
5. ORDINANCE OPEN SPACE (AB94 -280) (HEARING TO BE
SCHEDULED)
6. RECEIPT OF APPLICATION FOR OPEN SPACE FILE BY
MADELINE LAPP (AB94 -321) (REFER TO PLANNING COMMISSION
FOR REVIEW /RECOMMENDATION)
7. ORDINANCE REGARDING THE CLOSURE OF A PORTION OF LOWELL
AVENUE (AB94 -212A) (HEARING TO BE SCHEDULED)
Brenner moved to accept the Introduction Items.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Williams' Appeal (AB94 -177): Dawson moved to go forward with the request for
the extension of the deadline on this appeal for the Warm Creek Hydro with the
Regular Council Minutes, 6/14/94, Page 7
condition that expenses for the changing of the deadline is paid by the person requesting
it.
Motion carried 6 -1 with Harris opposed.
Pacific Long Term Care Demonstration Proposal (AB94 -304): Date for meeting
will be in July.
Franchise Agreement for Cable TV (AB94 -340): Henderson will ask the Council
of Governments for specific information on the contract.
Budget Retreat (AB94 -269): Scheduled for next week.
Reminder: The Watershed Tour is scheduled for July 14. The meeting has been
postponed until September.
The Humane Society contract is coming up at the end of this year. Bob Imhof
would like to meet with Council Members to discuss negotiation items.
ADJOURN
Respectfully submitted,
Ramona Reeves, Recording Secretary
These minutes were approved by the Council on August 9 , 1994.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Ramona Reeves, Clerk of the Council Ro ert mhof, C 1VIChair
Regular Council Minutes, 6/14/94, Page 8