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HomeMy WebLinkAboutCouncil June 28 1994WHATCOM COUNTY COUNCIL Regular Council Meeting June 28, 1994 The meeting was called to order at 7 p.m. by Council Chair Robert Imhof in the Council Chambers, 311 Grand Avenue. Also Present: Barbara Brenner Marlene Dawson Larry Harris Alvin Starkenburg Ward Nelson SPECIAL PRESENTATION Absent: Ken Henderson GROWTH MANAGEMENT ACT: FORESTRY COMMITTEE (AB94 -298) Roland Harper of the Forestry Committee gave a report on the progress of the Committee, reporting that the Committee had completed its work. The main goals of this Committee are the maintenance and enhancement of forest resource land and industries, and reduce conflicts between forest and non - forest landowners. Art.Hyatt, 2318 North Shore Road, Committee member, is concerned about forest industry's impact on forest land. Anthony Robb, 2834 North Shore Road, Committee member, spoke about zoning issues related to forestry zones. OPEN SESSION (20 MINUTES) The following persons spoke in open session. They all spoke on the proposed no shooting zone around Lake Samish (AB94 -368). Dan Harvey, 323 E. Lake Samish A.J. Gould, 190 E. Lake Samish Eric Contoon, 6858 E. Lake Samish Bob Harriman (no address given) Greg Pullman (no address given) CONSENT AGENDA (Items 1 -7 scheduled for Finance & Personnel Committee) Regular Council Minutes, 6/28/94, Page 1 1. BID AWARD TO MULTIPLE BIDDERS FOR RENTAL RATES FOR MAINTENANCE AND CONSTRUCTION EQUIPMENT AS LISTED ON THE TABULATION (AB94 -352) 2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT FOR STRUCTURAL DESIGN CONSULTANT SERVICES FOR H STREET ROAD BRIDGE, GILES ROAD BRIDGE AND SAXON ROAD BRIDGE SEISMIC RETROFIT TO NICHOLLS ENGINEERING OF SPOKANE, WASHINGTON FOR $44,128.26 (AB94 -353) 3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE COUNTY SHERIFF'S DEPARTMENT AND TEAMSTERS LOCAL 231 FOR DEPUTY SHERIFFS (AB94 -354) 4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT BETWEEN WHATCOM COUNTY CORRECTIONS OFFICERS AND COOKS AND TEAMSTERS LOCAL 231 (AB94 -355) 5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT FOR A THIRD PARTY ADMINISTRATOR FOR THE ADMINISTRATION OF WORKERS' COMPENSATION BENEFITS WITH JOHNSTON & CULBERSON FOR APPROXIMATELY $24,000 (AB94 -356) 6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE NOOKSACK INDIAN TRIBE TO PROVIDE THE TRIBE WITH ALLOCATED FUNDS FOR GROWTH MANAGEMENT COORDINATION IN THE AMOUNT OF $5,732 (AB94 -357) 7. REQUEST FOR ACCEPTANCE OF PETITIONER'S BOND RELATING TO THE FORMATION OF AN IRRIGATION DISTRICT TO BE KNOWN AS WHATCOM AGRICULTURAL WATER DISTRICT (AB94 -273A) Starkenburg moved to approve the Consent Agenda. Starkenburg moved to remove Items 1 and 5 to be considered separately. Motion to remove Items 1 and 5 from the consent agenda carried unanimously with Henderson absent. Motion to approve the Consent Agenda, as amended, carried unanimously with Henderson absent. Regular Council Minutes, 6/28/94, Page 2 1. BID AWARD TO MULTIPLE BIDDERS FOR RENTAL RATES FOR MAINTENANCE AND CONSTRUCTION EQUIPMENT AS LISTED ON THE TABULATION (AB94 -352) Starkenburg announced he would not be voting on this item to avoid any appearance of fairness. Starkenburg reported for the Finance and Personnel Committee. Jeff Monsen, Transportation Services, reported that this is an annual bidders list. These vendors can be used.without coming to Council for amounts up to $25,000 without further approval from Council. Starkenburg recommended "passage with the understanding that the Department do their best to obtain additional equipment, if they can, work it in, and to follow what they see fit to broaden their base a little and do that this year yet and then, of course, next year in their bidding process make sure that there's more invitation on this particular item ". Imhof moved to approve the bid award with the understanding that other bidders should be invited in the future. Motion carried unanimously with Henderson absent. 5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO .AN AGREEMENT FOR A THIRD PARTY ADMINISTRATOR FOR THE ADMINISTRATION OF WORKERS' COMPENSATION BENEFITS WITH JOHNSTON & CULBERSON FOR APPROXIMATELY $24,000 (AB94 -356) Starkenburg reported for the Finance and Personnel Committee and requested that it be held in Committee until the next meeting. PUBLIC HEARINGS 1. HEARING ON CITIZEN PETITION TO FORM AN IRRIGATION DISTRICT, TO BE KNOWN AS THE WHATCOM AGRICULTURAL WATER DISTRICT (AB94 -273) (THIS HEARING MAY BE CONTINUED FOR UP TO FOUR WEEKS) (AB94 -273) The following persons spoke: Marty Maberry, 816 Loomis Trail Road, President of Whatcom County Ag Preservation Committee John Hayter, Irrigation Design Engineer from Lynden Greg Ebe, 2212 Birch Bay Lynden Road Regular Council Minutes, 6/28/94, Page 3 Dave Buys, 1858 W. Badger Road Tom Anderson, 1744 Sapphire Trail, Manager of PUD Nelda Sigurdson, 5171 Ferndale Road, Ferndale Craig MacConnell, Cooperative Extension Jim Kaemingk, 951 Garden Drive Bob Van Weerdhuizen (no address given) Imhof moved to continue the hearing for one week. Motion to continue the hearing one week carried unanimously with Henderson absent. 2. ORDINANCE CLOSING A PORTION OF LOWELL AVENUE (AB94 -212A) Ed Henken, Assistant Director of Transportation Service, is opposed to closure of Lowell Road. He reported that the road could be closed to through traffic but open to emergency vehicles. Dave Wareing Carl Lanham Tom Fields, Fire Chief, Fire District 2 Chris Michael Paul Anderson Chris Halterman Kevin Walstrom Darrell Locke Dave Rogers Floyd Shoemaker Lou Tull Judy Frost Seeing no other speakers, the hearing was closed. Harris moved to endorse planned curbed barrier at Lowell to be coordinated by local neighborhood, emergency agencies and County Engineers and bring back to Council for approval. Motion carried unanimously with Henderson absent. The Council took a ten minute break Imhof reconvened the meeting. Regular Council Minutes, 6/28/94, Page 4 3. RESOLUTION SETTING THE SIX -YEAR ROAD PROGRAM FOR 1995 THROUGH 2000 (AB94 -339) Jeff Monsen, Transportation Services, reported that this is a planning process which is updated every year to reflect priorities in the transportation system. This is a necessary first step before starting the budget process. Imhof opened the hearing. Roy Giles, Smith Road Mike Ross Seeing no other speaker, the hearing was closed. Harris moved to approve the Six-Year Road Program. Nelson moved to amend the motion to add in the Whatcom Connector to include funding of $100,000 within the next second year of the six-year program as Item #20. The motion to amend the Resolution carried 4 -2 with Brenner and Harris opposed and Henderson absent. Imhof moved to amend Exhibit A, Item #21 into the fourth year to look at the Grandview -Pole Road Connector. Motion to amend the resolution carried unanimously with Henderson absent. Imhof moved to amend the above amendment to Exhibit A to include $100,000. Motion to amend the resolution carried unanimously with Henderson absent. The motion to approve of the Six-Year Road Program Resolution, as amended, carried unanimously with Henderson absent. 4. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED DECISION FOR THE PLANNED UNIT DEVELOPMENT APPLICATION BY THE SEMIAHMOO COMPANY FOR "WEST SEMIAHMOO" (PUD 92 -0001) (AB94 -315) (DISCUSSION LIMITED TO TRAFFIC CIRCULATION ISSUES) Jeff Monsen, Transportation Services, reported that it is very difficult to figure out what the traffic percentage will be before the development goes in. Regular Council Minutes, 6/28/94, Page 5 Carl Westman Roger Beck, President and General Manager of Semiahmoo Company Joseph Savage, Vice President KJS Associates, Bellevue Mike Ross John Smith (Beacon Group) Sylvia Goodwin, Senior Planner, City of Blaine Don Montfort P.C. Hansen Joseph Savage Seeing no other speakers, the hearing was closed. Jeff Monsen, Transportation Services, spoke to litigation funds. Imhof moved approval of the West Semiahmoo PUD as recommended by the Hearing Examiner. Brenner moved to amend to somehow leave the option of the Selder Road to be opened at a later date. The motion failed 1 -5 with Brenner in favor and Henderson absent. Brenner moved to amend to extend Lincoln Road straight out to Semiahmoo Drive. The motion failed 1 -5 with Brenner in favor and Henderson absent. The main motion carried unanimously with Henderson absent. 5. ORDINANCE REVISING WHATCOM COUNTY CODE 3.28, OPEN SPACE CLASSIFICATION PROCEDURE (AB94 -280) The hearing was opened. Seeing no one, the hearing was closed. Nelson moved to approve the ordinance. Motion carried unanimously with Henderson absent. 6. PETITION FOR THE VACATION OF A PORTION OF VALLETTE STREET, FILED BY STEPHEN P. KEMPSTON & JULIE A. NICHOLSON, ET. AL. (AB94 -200) (continued from 617 meeting) The hearing was opened. Regular Council Minutes, 6/28/94, Page 6 Rich Davis, Schmelick Attorneys, addressed the Council. The hearing was closed. Imhof moved to refer to Public Services Committee and ask Gibson to write his legal opinion for Council. Motion carried unanimously with Henderson absent. 7. 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) Polly Keith reported for What -Comm. The hearing was opened. Seeing no one, the hearing was closed. Brenner moved to adopt the ordinance. Motion carried 5 -1 with Imhof opposed and Henderson absent. 8. 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) Jeff Monsen reported and suggested that Council renew the one that expires this August for two years to give time to do more research into the possibilities. (Ord 84 -60) Dan Crocker, General Manager TCI Colleen Berg Harris moved to refer to Council Public Services Committee to organize a review of the contract and come back with the recommendation. Brenner moved to amend the motion to add inviting the City of Bellingham, Bruce Disend and any of the Committee members to join in the Public Services first available Committee meeting. Motion to amend carried unanimously with Henderson absent. Regular Council Minutes, 6/28/94, Page 7 (Clerk's note. It was understood that the main motion was unanimously agreed upon.) OTHER ITEMS (Council action may be taken) (Items 1 and 2 scheduled for Finance & Personnel Committee) 1. RESOLUTION ON MANAGEMENT PRACTICES FOR COUNTY OPERATIONS (AB94 -320) This item was tabled in Committee and held until July 12. 2. ORDINANCE AMENDING THE BUDGET, SUPPLEMENTAL REQUEST #5. (AB94 -341) Starkenburg moved to recommend that Council adopt the supplemental budget ordinance. Starkenburg moved to adopt the supplemental budget ordinance. Starkenburg moved to amend the supplemental budget ordinance by deleting $8,000 requested for repair and maintenance of Lighthouse Marine Park. The motion to amend the supplemental budget ordinance carried unanimously with Henderson absent. Starkenburg moved to amend the supplemental budget ordinance by reducing the courthouse construction project by $36,712 and adjusting the remaining totals accordingly. The motion to amend the supplemental budget ordinance carried unanimously with Henderson absent. The motion to adopt the supplemental budget ordinance as amended carried 5 -1 with Brenner opposed and Henderson absent. (Items 3 -4 -- no committee assignment) 3. POSSIBLE CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED DECISION FOR THE PLANNED UNIT DEVELOPMENT APPLICATION BY THE RESORT AT LILY POINT (PUD91 -0001) (AB94 -343) (THIS ITEM MAY BE POSTPONED TO A LATER DATE, PENDING ADVICE FROM THE COUNCIL'S ATTORNEY, DUE TO THE COMPLICATED NATURE OF THE COMBINED PUD PERMIT AND CONDITIONAL USE PERMIT (CUP91- 0042)) Imhof moved to approve of the PUD as recommended by the Hearing Examiner. Regular Council Minutes, 6/28/94, Page 8 The motion carried unanimously with Henderson absent. 4. RESOLUTION ESTABLISHING GUIDELINES FOR PREPARATION OF THE 1995 BUDGET (AB94 -269A) Brenner moved to postpone until July 5. There was no vote on this motion. (Item 5 scheduled for Planning & Development Committee) 5. 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) This item was held in Committee until July 12. INTRODUCTION ITEMS (Council action will not be taken) The Council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time. 1. ORDINANCE EXEMPTING WHATCOM COUNTY FROM PROVISIONS OF THE STATE'S FIREARMS LAWS (AB94 -345) (HEARING TO BE SCHEDULED) 2. ORDINANCE CALLING FOR ELECTION OF A CHARTER REVIEW COMMISSION (AB94 -344) (REFER TO FINANCE AND PERSONNEL COMMITTEE) 3. ORDINANCE PROVIDING FOR AN ANNUAL INTEGRATED ROADSIDE VEGETATION MANAGEMENT PROGRAM (AB94 -293A) (REFER TO PUBLIC SERVICES AND SOLID WASTE COMMITTEE) Brenner moved to accept the Introduction Items. Motion carried unanimously with Henderson absent. HEALTH BOARD BUSINESS The Health Board was called to order by Chairman Harris. Regular Council Minutes, 6/28/94, Page 9 1. MOTION REGARDING HEALTH BOARD PROCEDURAL MATTERS (AB94 -361) Harris moved that the Health Department, in accordance with WCC 24.01, is recognized as an Executive Department, and its relationship with the County Executive and the County Council, constituted as the Health Board, shall be established therein. Motion carried unanimously with Henderson absent. The Health Board adjourned. The County Council was reconvened. ADDENDUM ITEMS 6. RESOLUTION REGARDING THE GROWTH MANAGEMENT ACT CITIZENS' FINAL REVIEW AND FINAL REPORT (AB94 -363) Brenner moved to adopt resolution #6 amd 7. Motion carried unanimously with Henderson absent. 7. RESOLUTION REGARDING PREPARATION OF THE PERMANENT CRITICAL AREAS ORDINANCE FOR PRESENTATION TO THE COUNTY COUNCIL (AB94 -364) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS None. Regular Council Minutes, 6/28/94, Page 10 ADJOURN The meeting was adjourned at 11:45 p.m. Respectfully submitted, M .1 - -- Ma ina McAllister, Recording Secretary August 9 These minutes were approved by the Council on , 1994. ATTEST: 76L- '� e__ amona Reeves, Cler o the Council WHATCOM COUNTY COUNTY WHATCOM COUNTY, WASHINGTON N4,11 P Regular Council Minutes, 6/28/94, Page 11