HomeMy WebLinkAboutCouncil September 27 1994WHATCOM COUNTY COUNCIL
Regular Council Meeting
September 27, 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: Absent:
Ken Henderson None
Ward Nelson
Barbara Brenner
Larry Harris
Marlene Dawson
Alvin Starkenburg
ANNOUNCEMENTS
• There was discussion of a letter (on file, AB93 -355) from Al Swift on
moving up the date of the Blaine rail site hearing with the Whatcom County Hearing
Examiner.
Henderson moved to .instruct the Hearing Examiner to move up the hearing date
of this item.
Motion carried unanimously.
• Paul Rushing Contract: Henderson moved to go into Executive Session.
Motion carried unanimously.
Imhof moved to authorized the attorney to make an offer to Paul Rushing of two
months wages minus the expenses cited by the State Audit report.
Motion carried 6 -1 with Brenner opposed.
Brenner moved to request the Executive to repay the money from the illegal
contract.
Motion failed 1 -6 with Brenner in favor.
15. RESOLUTION CERTIFYING AND ACCEPTING THE PROPOSED
POLL BOOK FOR THE IRRIGATION DISTRICT FORMATION
Regular Council Minutes, 9/27/94, Page 1
1 ELECTION ( WHATCOM AGRICULTURAL WATER DISTRICT)
2 (AB94 -273D)
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4 Imhof said this item was being moved forward for the Auditor's convenience.
5 Shirley Forslof, County Auditor, addressed the Council in response to questions from
6 Brenner. Forslof said she could not certify the poll book as being accurate. She read
7 from a document prepared by Auditor's Office Elections Supervisor Pete Griffin (on file
8 with AB94- 273C). She said the document could not be judged as a true and accurate
9 poll book. However, it is a probable listing of the property owners within the proposed
10 district. The County Council can choose to certify the poll book, she said. Due to the
11 timing of the proposed election, Forslof said her staff had been, and would continue to
12 be, unable to help with this election. She said she could not estimate how much time it
13 would take to produce a poll book that would be certifiable by the Auditor.
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15 Imhof said this discussion would be continued when the attorney for the Whatcom
16 Agriculture Preservation District, Lesa Starkenburg, is present.
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18 SPECIAL PRESENTATION
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20 VISITORS' SURVEY RESULTS AND RELATED
21 RECOMMENDATIONS, PRESENTED BY JOHN COOPER,
22 DIRECTOR OF THE BELLINGHAM - WHATCOM COUNTY
23 CONVENTION AND VISITORS BUREAU (AB94 -504) (20 MINUTES)
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25 John Cooper did not attend the meeting.
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27 SPECIAL INTRODUCTION
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29 INTRODUCTION /WELCOME FOR KIM HERRENKOHL, INTERNAL
30 AUDITOR (AB94 -503)
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32 County Auditor Shirley Forsloff gave a brief overview of Kim Herrenkohl's
33 accounting background and what some of her new job duties will be. She then
34 introduced Kim to the Council and the audience.
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36 OPEN SESSION
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38 The Open Session was opened, and the following spoke:
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40 Gary Seat, Northwest Road, Bellingham: Paul Rushing Contract (AB94 -115B)
41 and the Flow Control (AB94 -223B)
42 Tip Johnson, Donavan Avenue, Bellingham: Flow Control Ordinance (AB94-
43 223B)
44 Robert Trench, Ferndale: Flow Control Ordinance (AB94 -223B)
Regular Council Minutes, 9/27/94, Page 2
1 Larry MacCarter, 701 -17th Street, Bellingham: Flow Control Ordinance (AB94-
2 223B-- handout to all Council members)
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4 The Open Session was closed.
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6 CONSENT AGENDA
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8 1. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
9 INTO AN AGREEMENT WITH CORPOLONGO AND QUELCH FOR
10 COURT REPORTER SERVICES FOR THE HEARING EXAMINER
11 PROCEEDINGS (AB94- 192A)14 -23
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13 2. BID AWARD RECOMMENDATIONS FOR PARKING LOT
14 IMPROVEMENTS AT THE NORTHWEST ANNEX TO THE LOWEST
15 BIDDER, WILDER CONSTRUCTION COMPANY FOR $136,932.55
16 INCLUDING TAXES (AB94- 499)24 -27
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18 3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
19 INTO A COLLECTIVE BARGAINING AGREEMENT WITH TEAMSTERS
20 LOCAL 231 (CLERICAL EMPLOYEES IN SHERIFF'S OFFICE) (AB94-
21 355A)28 -63
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23 4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
24 INTO A GRANT WITH THE STATE OF WASHINGTON TRAFFIC SAFETY
25 COMMISSION FOR THE WHATCOM COUNTY TRAFFIC SAFETY
26 PROGRAM FOR $20,500 (AB94- 501)64 -79
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28 5. ORDINANCE AMENDING ORDINANCE 84 -14 ESTABLISHING A
29 REVOLVING CHECKING ACCOUNT FOR THE INDUSTRIAL
30 INSURANCE FUND (AB94- 472)80 -81
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32 Starkenburg moved approval of the Consent Agenda items with the exception of
33 number 5. (Item 5 is an Ordinance and needs a roll call vote.)
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35 The motion to approve items 1 -4 carried unanimously.
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37 Brenner moved to reconsider Item 4.
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39 Motion failed 1 -6 with Brenner in favor.
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41 (Clerk's Note: No vote was taken on item 5.)
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Regular Council Minutes, 9/27/94, Page 3
PUBLIC HEARINGS
1. ORDINANCE ESTABLISHING A 25 MPH SPEED LIMIT ON EDGEWATER
LANE (AB94 -473)
item.
Ed Henken, Transportation Services, gave some background information on this
Imhof opened the hearing.
Hearing no one, the hearing was closed.
Henderson moved approval of the ordinance.
Motion carried unanimously.
2. ORDINANCE TO AMEND WHATCOM COUNTY CODE PERTAINING TO
LOAD LIMITS ON VARIOUS ROADS AND BRIDGES (AB94 -475)
item.
Ed Henken, Transportation Services, gave some background information on this
Imhof opened the hearing.
Hearing no one, the hearing was closed.
Henderson moved approval of the ordinance.
Motion carried unanimously.
3. ORDINANCE AMENDING TITLE 21 REGARDING PLAT APPROVALS
(AB94 -307)
Dan Taylor, Planning & Development Services, gave some background
information on this item.
Imhof opened the hearing, and the following people spoke:
Chet Lackey, Bellingham
Doug Campbell, Associated Consultants, Bellingham
Dick Skiers, Bellingham
Pat Jones, Jones Engineers, Whatcom County
Sherilyn Wells, Bellingham
Regular Council Minutes, 9/27/94, Page 4
The hearing was closed.
It was noted that there are some discrepancies in the minutes provided by the
Planning Commission.
Harris moved tabling the ordinance until the Planning Commission minutes can
be verified.
The motion failed 1 -6 with Harris in favor.
Imhof moved to hold this item in Planning and Development Committee for
discussion of the amendments mentioned in the public hearing and clarrification of the
minutes coming from the Planning Commission.
Motion carried unanimously.
4. ORDINANCE AMENDING ORDINANCE 94 -033 ADOPTING INTERIM
GROWTH AREAS TO CORRECT THE CITY OF FERNDALE'S INTERIM
URBAN GROWTH AREA BOUNDARIES (AB94- 090A)217 -219
Dan Taylor, Planning Services Division Manager, gave some background
information on this item.
Imhof opened the hearing, and the following spoke:
Lee Denke, Sedro Woolley
Roy Giles, Bellingham
Phil Serka, Bellingham
Tom Anderson, PUD, Bellingham
Ruth Morrison, Burlington
Karl Tichee (sp ?), Tacoma
Rick Simon, City Planning Director of Ferndale
Faruk Taysi, Bellingham
Gale Patton, Bellingham
Meg Gilstiein (sp ?), Ferndale
Greg Newell, Ferndale
Gary Seat, Bellingham
Imhof closed the hearing.
Imhof moved approval of the ordinance.
Brenner moved to take the Urban Reserve areas out of the ordinance (UR3).
Regular Council Minutes, 9/27/94, Page 5
Brenner amended her motion to withdraw the undeveloped urban reserve areas
that are not vested.
Brenner withdrew her motion.
Brenner moved to include the light industrial and commercial property for the
sake of consistency of boundaries and the current property (15 acres) that had been
undergoing the process of vestment.
Motion to amend failed 1 -6 with Brenner in favor.
Main motion to approve the ordinance carried 5 -2 with Brenner and Nelson
opposed.
OTHER ITEMS
1. DISCUSSION OF POTENTIAL PROPERTY ACQUISITION (AB94 -498)
This item was discussed in Executive Session.
2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A CONTRACT WITH KMD ARCHITECTS FOR
PARTICIPATION IN CONSTRUCTION CLAIM NEGOTIATION NOT
TO EXCEED $72,880 PLUS REIMBURSABLE EXPENSES (AB94-
115D)
This item was discussed in Executive Session.
Starkenburg moved for approval with changes in numbers, changing the $72,880 to
$25,000 plus reimbursable expenses not to exceed $5,000.
Motion carried 6 -1 with Brenner opposed.
3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A CONTRACT WITH JERRY HAINLINE FOR
SERVICES TO FINALIZE THE COURTHOUSE CONSTRUCTION
PROJECT AND CONSTRUCTION CLAIM NEGOTIATION NOT TO
EXCEED $75,000 (AB94 -115E)
Dawson moved adoption of the ordinance.
Motion carried 6 -1 with Brenner opposed.
Regular Council Minutes, 9/27/94, Page 6
4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A CONTRACT WITH RONALD MAUS TO FINALIZE
THE COURTHOUSE CONSTRUCTION PROJECT AND
CONSTRUCTION CLAIM NEGOTIATION NOT TO EXCEED $97,100
(AB94 -116A)
Dawson moved approval of the request.
Motion carried 6 -1 with Brenner opposed.
5. PETITION FOR THE VACATION OF A PORTION OF VALLETTE
STREET, FILED BY STEPHEN P. KEMPSTON AND JULIE A.
NICHOLSON (AB94 -200) (HELD OVER FROM 7/12)
This item was held in Committee.
6. DISCUSSION OF AND REQUEST FOR CONFIRMATION OR
WAIVER OF FRANCHISE REQUIREMENTS CONTAINED IN
ORDINANCE 92 -076 (GUINESS COMMUNICATIONS) (AB94 -292)
(HELD OVER FROM 9/13/94)
This item was tabled.
7. ORDINANCE REGARDING THE CLOSURE OF A PORTION OF
LOWELL AVENUE (AB94 -212A)
Nelson moved approval of the ordinance.
Brenner moved to amend the ordinance, eliminating lines 7 -14 from page 85 of
the packet.
Motion to amend carried unanimously.
Brenner moved to amend the ordinance by deleting the word "permanently" from
line 8, page 86 of the packet.
Motion to amend carried 6 -1 with Brenner opposed.
Brenner moved to amend the ordinance by adding "and the local fire jurisdiction"
to the end of line 12, page 86 of the packet
Motion to amend carried unanimously.
Main motion carried 5 -2 with Henderson and Imhof opposed.
Regular Council Minutes, 9/27/94, Page 7
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8. RESOLUTION PROCLAIMING OCTOBER 23 AS UNITED STATES
DAY (AB94 -495)
Brenner moved to hold this item in Committee until October 11.
Motion carried unanimously.
9. ORDINANCE TO AMEND URBAN FRINGE SUBAREA
COMPREHENSIVE PLAN MAP AND THE OFFICIAL WHATCOM
COUNTY ZONING MAP (AB94 -313)
This item was held in Committee until completion of the Urban Fringe
Comprehensive Plan or October 25, whichever date is sooner.
Motion carried unanimously.
10. ORDINANCE AMENDING TITLE 20 REGARDING PLANT
NURSERIES AND FOOD PROCESSING (AB94 -319)
Nelson moved approval of the ordinance.
Nelson moved to amend the ordinance by adding a number 9 to page 145 of the
packet, which is to read: "This type of activity will be prohibited in the Lake Watcom
Watershed and Lummi Island and in other areas deemed to be water quality sensitive,
excluding retail nurseries operating chemical free."
Motion to amend carried unanimously.
Main motion carried unanimously.
11. ORDINANCE REQUIRING JURISDICTION NOTICE ON ENTERING
RESERVATION LANDS (AB94 -423) (DELAYED FROM 9/13)
This item was held in Committee until negotiations with the tribe are complete.
The Council also requested that their legal counsel explore the following with the tribe:
changing the wording on the notices to "... ffmy " be subject to Tribal Law...; notices to
state that Tribal police may, in a criminal situation, detain a person for delivery to
county officials, and discuss making the signs a joint County /Tribal project.
12. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 9
(SUBSTITUTE ORDINANCE) (AB94 -474)
Starkenburg moved approval of the substitute ordinance.
Regular Council Minutes, 9/27/94, Page 8
Starkenburg moved to amend the ordinance to delete $250,000 in expenditures for
the excavator and $201,000 in anticipated revenues, along with $49,000 in fund balance
from the Flood Control Zone District Fund and to delete the concurrent $250,000 in
revenues and the $250,000 in expenditures in the ER &R fund for the same item.
Motion to amend carried unanimoulsy.
Starkenburg noted the Committee did not make a recommendation because
three items needed clarification. However, they have since been clarified and were:
FEMA funds to be used for a boat ($12,000), filing cabinet ($4,000) and a computer
system ($40,000). Jeff Monsen, Transportation Services, spoke to this, as did John
Matzinger, Transportation Services.
Main motion carried 6 -1 with Brenner opposed.
13. FROM THE 9/6/94 COUNCIL MEETING: CONSIDERATION OF
THE SOLID WASTE ADVISORY COMMITTEE'S RECOMMENDED
CHANGES TO THE FLOW CONTROL ORDINANCE (AB94 -223B)
Imhof moved approval of the resolution presented to the Council tonight.
Nelson moved to amend the resolution on line 2, page 3 to read: "Separation and
volume reduction and energy recovery", thereby moving #3 up to #2.
Motion to amend pg 3, line 2 and on the front to read: "To move transformation
into a Category II with a no penalty... ".
Nelson withdrew his amendment.
Imhof moved to change the terminology on the resolution to read "clarification to
staff on the intent of Flow Control Ordinance" instead of resolution.
Imhof withdrew his motion.
Imhof moved approval of the resolution.
Motion carried 6 -1 with Harris opposed.
Nate Brown, Planning & Development Services, asked for clarification of what the
motion said.
Dan Gibson clarified that the Council approved the resolution with the intent to
give direction to staff.
Regular Council Minutes, 9/27/94, Page 9
Henderson moved that the intent of passing the resolution is for staff to review if
the resolution meets the goal of cost containment, competition, and the ability to utilize
new technology using the approach as proposed in the resolution and to bring a draft
contract back, to Council.
Motion carried 5 -2 with Brenner and Harris opposed.
14. DISCUSSION REGARDING THE PAUL RUSHING CONTRACT
(AB94 -115B) (HELD OVER FROM 9/13/94)
This item was discussed in Executive Session.
15. RESOLUTION CERTIFYING AND ACCEPTING THE PROPOSED
POLL BOOK FOR THE IRRIGATION DISTRICT FORMATION
ELECTION (WHATCOM AGRICULTURAL WATER DISTRICT)
(AB94 -273D)
Lesa Starkenburg, Attorney for the Irrigation District, gave some background
information on this item and answered questions from the Council.
Imhof moved approval of the resolution.
Motion carried unanimously.
16. RESOLUTION AMENDING RESOLUTION 94 -037, REGARDING
THE ELECTION TO DETERMINE FORMATION OF AN
IRRIGATION DISTRICT TO BE KNOWN AS WHATCOM
AGRICULTURAL WATER DISTRICT (AB94 -273E)
Imhof moved approval of the resolution.
Motion carried unanimously.
INTRODUCTION ITEMS
1. ORDINANCE TO AMEND WCC 12.20, ROAD VACATION
ROCEDURE (AB94- 098)(HEARING TO BE SCHEDULED OCTOBER
11, 1994)
2. ORDINANCE INCREASING THE SPEED LIMIT FROM 45 TO 50
MPH ON EAST SMITH ROAD FROM MT. BAKER HIGHWAY TO
NOON ROAD (AB94- 502)(HEARING TO BE SCHEDULED)
Regular Council Minutes, 9/27/94, Page 10
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Dawson moved to accept the Introduction Items.
Motion carried unanimoulsy.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Imhof noted the need for canvassers for the recent election.
Woods reported that Tatyana, Japan, our sister city, will be sending some people
over on a tour to see our "engineering operation ". Is anyone available for lunch with
them on October 4? Harris and Imhof will meet with them.
ADJOURN
There being no further business, the meeting was adjourned at 11:50 p.m.
Respectfully submitted,
4W6rdiiTg Secretary
These minutes were approved by the Council on December 6 , 1994.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
R/amona Reeves, C erk of the Council
♦I
le's
Rob dhair ,
Regular Council Minutes, 9/27/94, Page 11