HomeMy WebLinkAboutCouncil September 13 1994WHATCOM COUNTY COUNCIL
Regular Council Meeting
September 13, 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:
Marlene Dawson None
Barbara Brenner
Larry Harris
Alvin Starkenburg
Ken Henderson
Ward Nelson
ANNOUNCEMENTS
Special meeting tomorrow night at 5 p.m. on Capital Facilities.
SPECIAL PRESENTATION
RUNAWAY ALLIANCE PRESENTATION BY NANCY SCHLERETH (20
MINUTES) (AB94 -434)
Kristi Vanselow, parent of a runaway, gave a presentation on the problems
associated with runaway children and the inability of parents to legally get help or to
stop the children from running away from home. She asked Council to support the
efforts of the Runaway Alliance.
Several Council Members offered their help and suggested other agencies which
may be able to help.
Brenner moved to support by resolution as given in the packet from the Runaway
Alliance (Burlington's version).
Motion carried unanimously.
OPEN SESSION
The following persons spoke at open session:
Rita Foley, Blue Canyon Road: Mark Weinberg, Lake Whatcom Watershed
(AB9 -462)
Lee Denke: 615 N. 4th Street, Mt. Vernon: IUGA (AB94 -090)
Regular Minutes, 9/13/94, Page 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Sherilyn Wells, 1020 Geneva: IUGA (AB94 -090)
Joe DeMarsh: Lowe and York Streets (AB94 -212A)
CONSENT AGENDA
1. APPROVAL OF THE MINUTES OF THE AUGUST 2, 1994
REGULAR COUNCIL MEETING, AND THE AUGUST 9, 1994
COMMITTEE OF THE WHOLE AND REGULAR COUNCIL
MEETINGS
2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT WITH THE WASHINGTON STATE
DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC
DEVELOPMENT FOR A MULTI - JURISDICTIONAL DRUG TASK
FORCE GRANT (AB94 -464)
3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH
SUE BROWNE TO HELP DEVELOP THE ENVIRONMENTAL
CHAPTER OF THE COMPREHENSIVE PLAN FOR A MAXIMUM
AMOUNT OF $3,500 (AB94 -465)
4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A COLLECTIVE BARGAINING UNIT AGREEMENT
WITH LOCAL 17 (HEALTH DEPARTMENT ENVIRONMENTAL
HEALTH SPECIALISTS) (AB94 -466)
5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A 25 -YEAR LEASE AGREEMENT WITH THE
NOOKSACK VALLEY SCHOOL DISTRICT TO PROVIDE A
COMPREHENSIVE OUTDOOR EDUCATION PROGRAM AND
SITES FOR USE BY SCHOOLS AND THE PUBLIC (AB94 -467)
6. BID AWARD RECOMMENDATION FOR THE HORTON ROAD
DETENTION POND TO THE LOW BIDDER, JIJ CORPORATION OF
FERNDALE FOR $69,531.00, INCLUDING TAXES (AB94 -468)
7. BID AWARD RECOMMENDATION FOR THE FRIDAY CREEK
DETENTION STRUCTURE AND CHANNEL CLEANING TO ONE
WAY CONSTRUCTION, INC., FOR $57,247.00 (AB94 -469)
8. BID AWARD RECOMMENDATION FOR AN EXCAVATOR FOR
BRIDGE MAINTENANCE AND RIVER WORK TO THE
Regular Minutes, 9/13/94, Page 2
RESPONSIVE BIDDER, NC MACHINERY COMPANY FOR $201,131.09
(AB94 -470)
9. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT AMENDMENT WITH WALKER &
ASSOCIATES ON BEHALF OF THE BOARD OF SUPERVISORS OF
THE FLOOD CONTROL ZONE DISTRICT FOR SURVEYING AND
MAPPING SERVICES FOR $15,015 (AB94 -484)
10. APPOINTMENT OF STEVE JILK TO REPLACE MAYOR BOB
MITCHELL ON THE HEALTH DEPARTMENT ADVISORY
COMMITTEE (AB94 -483)
Starkenburg moved approval of the Consent Agenda.
Starkenburg asked that items 3, 7, 8 and 9 be pulled from the Consent Agenda.
Motion to approve carried unanimously.
3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH
SUE BROWNE TO HELP DEVELOP THE ENVIRONMENTAL
CHAPTER OF THE COMPREHENSIVE PLAN FOR A MAXIMUM
AMOUNT OF $3,500 (AB94 -465)
Starkenburg reported that Finance Committee is forwarding this item without a
recommendation. (Planning staff were unavailable to answer questions).
Starkenburg moved approval.
Motion carried unanimously.
7. BID AWARD RECOMMENDATION FOR THE FRIDAY CREEK
DETENTION STRUCTURE AND CHANNEL CLEANING TO ONE
WAY CONSTRUCTION, INC., FOR $57,247.00 (AB94 -469)
Council recessed as the Council and convened a meeting of the Lake
Management District governing board.
Starkenburg reported that Finance Committee recommended that the bid award
be approved.
He so moved.
Regular Minutes, 9/13/94, Page 3
Motion carried unanimously.
The Council adjourned as Lake Management District governing board and
reconvened as Council.
8. BID AWARD RECOMMENDATION FOR AN EXCAVATOR FOR
BRIDGE MAINTENANCE AND RIVER WORK TO THE
RESPONSIVE BIDDER, NC MACHINERY COMPANY, FOR
$2019131.09 (AB94 -470)
Starkenburg reported for Finance Committee and recommended that the bid
award not be approved.
Starkenburg moved to deny the bid award.
The motion carried 6 -1 with Harris opposed.
9. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT AMENDMENT WITH WALKER &
ASSOCIATES ON BEHALF OF THE BOARD OF SUPERVISORS OF
THE FLOOD CONTROL ZONE DISTRICT FOR SURVEYING AND
MAPPING SERVICES FOR $15,015 (AB94 -484)
Council recessed as the Council and convened as the Flood Control Zone District
Board of Supervisors.
Starkenburg reported for Finance Committee and recommended approval.
He so moved.
Motion carried unanimously.
The Council adjourned the Flood Control Zone District Board of Supervisors
meeting and reconvened as Council.
PUBLIC HEARINGS
1. PETITION FOR THE VACATION OF JEFFERSON STREET AND THE
ALLEY IN BLOCK 12 OF EAST SILVER BEACH, FILED BY DAVID
STEEGE AND JOSIANNE SCHANTZ, ET AL. (AB94 -371)
Ed Henken reported for the Engineering Division that this falls under the
territorial vintage plat and comes under the criteria that if the County cannot prove
public use by approximately 1905, the public loses its right of use and development.
Regular Minutes, 9/13/94, Page 4
Nelson moved to vacate the property.
Motion carried unanimously.
Roger DeSpain gave a brief presentation on the Nooksack Valley School District.
2. ORDINANCE AMENDING ORDINANCE NO. 84 -60 TO EXTEND TCI
CABLEVISION FRANCHISE TERM FOR ONE YEAR (AB94 -340A)
Dan Crocker, TCI General Manager, spoke.
Henderson moved approval.
Motion carried unanimously.
OTHER ITEMS
1. DISCUSSION OF AND REQUEST FOR CONFIRMATION OR
WAIVER OF FRANCHISE REQUIREMENTS CONTAINED IN
ORDINANCE 92 -076 (GUINESS COMMUNICATIONS) (AB94 -292)
(HELD OVER FROM 6/14/94)
Starkenburg moved to hold in Committee for two weeks.
Motion carried unanimously.
2. REQUEST FOR RECONSIDERATION OF VALUE PLACED ON THE
60 -FOOT RIGHT OF WAY IN THE PLAT OF BRANNIAN'S LAKE
SHORE PLAT APPROVED FOR VACATION (AB94 -101A)
Jeff Monsen, Transportation Services, reported that there should be some
reconsideration of value placed on vacation.
Dawson moved to reconsider the value placed on the vacated portion.
Motion carried 6 -1 with Harris opposed.
3. DISCUSSION REGARDING THE PAUL RUSHING CONTRACT (AB94-
115B)
Rescheduled to 9/27 awaiting some transcripts.
Regular Minutes, 9/13/94, Page 5
4. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 8 (AB94 -432)
Starkenburg reported for Finance Committee and recommended approval.
He so moved.
Henderson moved to go into Executive Session to discuss the union negotiations.
Motion carried unanimously.
Imhof reported that they discussed reclassification.
Henderson moved that the first item (salaries in the Prosecutor's Office for
$21,419) be removed and held until the next meeting so that additional information can
be provided and have it on the agenda as soon as possible with the request that the
Personnel Manager be present for discussion.
Motion failed 3 -4 with Brenner, Nelson and Henderson in favor.
The main motion carried 6 -1 with Brenner opposed.
5. ORDINANCE TO AMEND URBAN FRINGE SUBAREA COMPREHENSIVE
PLAN MAP AND THE OFFICIAL WHATCOM COUNTY ZONING MAP
(AB94 -313)
Rescheduled to September 27.
6. DISCUSSION OF OUTSIDE CONSULTANT REVIEW OF THE
BUILDING /PERMITTING DIVISION (AB94 -481)
Nelson moved approval.
Motion carried unanimously.
7. DISCUSSION REGARDING CONSULTANT TO STUDY
COSTS /BENEFITS OF LOCATING /DESIGNING SPACE FOR
TRANSPORTATION SERVICES ADMINISTRATION, EMERGENCY
MANAGEMENT AND BUILDING MAINTENANCE SPACE NEEDS
(AB94 -482)
Henderson reported for the Capital Projects Committe.
Regular Minutes, 9/13/94, Page 6
Henderson moved that the Council ask Administrative staff to use up to $7,500 in
existing funds to review siting of the Emergency Operations Center along with other
capital facilities, with work to be completed by the end of November.
Motion carried unanimously.
8. REMAND TO THE COUNTY COUNCIL FROM SKAGIT COUNTY
SUPERIOR COURT FOR A DECISION ON THE SOLE ISSUE OF
WHETHER RICHARD AND ANNE VAN KOLKEN'S APPLICATION
FOR A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT
MEETS THE REQUIREMENTS OF THE SHORELINE
MANAGEMENT PROGRAM IN EFFECT ON AUGUST 24, 1990
(AB94 -454)
Harris reported on the background and history of this issue.
Harris moved to remand to the Whatcom County Hearing Examiner for a
decision.
Nelson announced he would not be voting due to conflict of interest.
Dan Gibson spoke to clarify the issue. If Harris' motion is accepted, the Council
will then remand the matter to the Hearing Examiner for a decision of whether or not to
issue the permits which have been applied for with the application of the 1986 Shoreline
Management Program.
Motion carried unanimously with Nelson abstaining.
EXECUTIVE SESSION
Imhof moved to go into executive session to discuss the pending litigation
regarding Williams.
The motion carried unanimously.
They discussed a possible settlement of an appeal before Western Washington
Growth Management Hearings Board.
Harris moved to authorize the prosecuting attorney to enter negotiations with
Williams, Teitge and McCollum regarding settlement.
Dan Gibson: "That's correct. And then in my request to enter into those
negotiations, I also do approve those negotiations along the lines of what we have
discussed with regard to settlements." In fact, I don't have any hesitation in suggesting
Regular Minutes, 9/13/94, Page 7
1 that we indicate that it's with regard pursuing negotiations as it regards to the notice
2 requirement as it applies as to the adoption of the IUGAs related to Ferndale as
3 presented to the board by the petition of Williams, Teitge, et al."
4
5
Motion carried unanimously.
6
7
INTRODUCTION ITEMS
S
9
1.
ORDINANCE AMENDING ORDINANCE 84 -14 ESTABLISHING A
10
REVOLVING CHECKING ACCOUNT FOR THE INDUSTRIAL
11
INSURANCE FUND (AB94 -472) (FINANCE AND PERSONNEL
12
COMMITTEE)
13
14
2.
ORDINANCE ESTABLISHING A 25MPH SPEED LIMIT ON
15
EDGEWATER LANE (AB94 -473) (HEARING TO BE SCHEDULED)
16
17
3.
ORDINANCE AMENDING THE BUDGET, REQUEST NO. 9 (AB94-
18
474) (FINANCE AND PERSONNEL COMMITTEE)
19
20
4.
ORDINANCE TO AMEND WHATCOM COUNTY CODE
21
PERTAINING TO LOAD LIMITS ON VARIOUS ROADS AND
22
BRIDGES (AB94 -475) (HEARING TO BE SCHEDULED)
23
24
5.
ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO
25
THE CITY OF FERNDALE FOR A PERIOD OF 15 YEARS TO
26
OPERATE AND MAINTAIN WATER MAINS AND WATER
27
DISTRIBUTION LINES ALONG CERTAIN COUNTY ROADS (AB94-
28
410) (HEARING TO BE SCHEDULED)
29
30
6.
ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO Y-
31
SQUALICUM LAKE WATER ASSOCIATION, INC., FOR A PERIOD
32
OF 15 YEARS TO OPERATE AND MAINTAIN WATER MAINS AND
33
WATER DISTRIBUTION LINES ALONG CERTAIN COUNTY
34 ROADS (AB94 -412) (HEARING TO BE SCHEDULED)
35
36 7. ORDINANCE AMENDING ORDINANCE 94 -033 ADOPTING
37 INTERIM GROWTH AREAS TO CORRECT THE CITY OF
38 FERNDALE'S INTERIM URBAN GROWTH AREA BOUNDARIES
39 (AB94 -090A) (HEARING TO BE SCHEDULED)
40
41 S. ORDINANCE AMENDING TITLE 21 REGARDING PLAT
42 APPROVALS (AB94 -307) (PLANNING AND DEVELOPMENT
43 COMMITTEE)
44
Regular Minutes, 9/13/94, Page 8
Imhof: "There is a motion here and it is not whether you approve the concept or
anything, it's just to send it on to the Planning Commission to let them review it to see if
they think it's a good idea and then make a recommendation back to us to, to forward
that."
(Clerk's Note: It appears this motion came from a letter by Mr. Good, Hearing
Examiner, in which he made several suggestions on how to expedite the system as it now
exists.)
Brenner proposed that a notification process be added to this so that not all
would need hearings, only those that received complaints or criticism. Brenner will work
with Karen Frakes.
(Clerk's note: No vote was taken on the motion.)
NBob Woods will be on vacation next week.
OLegislative e-mail is available (possibly to WSAC).
ADJOURN
There being no further business, the meeting was adjourned at 9:35 p.m.
Respectfully submitted,
arina McAllister, Recording Secretary
These minutes were approved by the Council on December 6 , 1994.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
c4
Ramona Reeves; Clerk of the Council Ilo erf Imhof, Chai
Regular Minutes, 9/13/94, Page 10