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HomeMy WebLinkAboutCounty Council March 3 1988WHATCOM COUNTY COUNCIL March 3, 1988 The meeting was called to order by Council Chair Roehl at 7 :38 p.m. with all Council members present. APPROVAL OF MINUTE The minutes of the Council meeting of February 18, 1988 and the Committee of the Whole meetings of February 11, 1988 and February 16, 1988 were approved. EXECUTIVE ITEMS BID AWARD RECOMMENDATION FOR A NEW OR USED DIESEL GENERATOR SET TO THE LOWEST RESPONSIVE BIDDER, NQ MACHINERY COMPANY] FOR CATERPILLAR EQUIPMENT AT A TOTAL COST OF $84,548,75, INCLUDING SALES.TAX Budget Director Tom Sutberry presented the bid to the Council. Warner reported that the Finance Committee recommended approval of the bid award. WARNER MOVED TO APPROVE THE BID AWARD. There was discussion on the motion. The motion carried. BID AWARD.RECOMMENDATION FOR TWO SINGLE AXLE DUMB' TRUCKS TO THE LOW BIDDER, TRUCK CENTER CORPORATION, FOR GMC C.7D042 TOPKICK TRUCKS WITH A LYNNWOOD BOX. AT A NET BID OF $86.128..68. INCLUDING RADE_IN AND ,SALES TA Sutberry explained that the administration had discovered that Truck Center Corporation, the apparent low bidder, did not meet the bid specification that all of the trucks' frame members be bolted rather than riveted. For that reason, the administration recommended that the bid be awarded to the next lowest responsive bidder, Motor Trucks, for two International 51954 trucks for a total bid of $87,500.70. Warner explained that while the Finance Committee had recommended approval of the award to the apparent low bidder at the time of the meeting, the new information would alter that recommendation. WARNER MOVED TO AWARD THE BID TO MOTOR TRUCKS. March 3, 1988 Page 2 There was discussion about various unresolved issues surrounding the bid award. HANSEY MOVED TO HOLD THE MATTER OVER UNTIL THE NEXT REGULAR MEETING OF THE COUNCIL. The motion carried. BID AWARD RECOMMENDATION FOR REPLACING THE BARN ROOF. AT HOVANDEE HOMESTEAD_ PARK TO THE LOW BIDDER, WEST COAST . ROOFING AND GENERAL CONTRACTING, INC.} FOR A TOTAL OF $23,641.40 INCLUDING TAXES Warner reported that the Finance Committee recommended approval of the bid award recommendation. WARNER MOVED TO AWARD THE BID TO WEST COAST ROOFING AND GENERAL CONTRACTING, INC. There was discussion on the motion. The motion carried. HEARING RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSUR The public hearing on the resolution was opened; there was no testimony and the hearing was closed. . Warner reported that the Finance Committee recommended approval of the resolution. WARNER MOVED TO APPROVE THE RESOLUTION. The motion carried. OPEN SESSIO Larry Williams Asked if the legal advice given to the Council concerning the Scott Paper Co. Shoreline Development Permit /Noisy Creek appeal was public information. Council attorney Randy Watts explained that his advice on that issue was not public information, on the basis of attorney /client privilege. March 3, 1988 Page 3 Cal Leenstra Owner of Bellingham Medical said that if the County was juvenile detention center it additions were planned. Barbara Brenner Center property near the Courthouse; interested in that property for a new should act now, since major new Encouraged all Council members to attend the Health Board work session concerning the Thermal Reduction Company. David Toller Asked why the public was not being allowed to speak during open session about the Scott Paper Co. Shoreline Permit /Noisy Creek appeal. Council Chair Roehl explained that because the Council was acting in a quasi - judicial rather than its usual legislative capacity, the Council had to base its decision on the record already established by the Hearing Examiner and could not receive new information. Arnie Klaus Used example of the numerous tax foreclosures on property in Sudden Valley, an area once considered for use as a park, to urge the Council to weigh the long -term as well as the short -term benefits of use of natural resources. There was no further testimony during open session. HANSEY MOVED TO CONSIDER THE SCOTT PAPER CO. SHORELINE PERMIT /NOISY CREEK APPEAL IMMEDIATELY. The motion carried. APPEAL OF SHORELINE.SUBSTANTIAL DEVELOPMENT PERMIT S 9 -87 0 SCOTT PAPER,CO., FILED BY FRIENDS OF NOISY CREEK HANSEY MOVED THAT THE COUNTY COUNCIL UPHOLD THE HEARING EXAMINER'S DETERMINATION IN THE MATTER OF PERMIT NUMBER S 9 -87, SCOTT PAPER CO. Hansey explained that he believed decision should be upheld because that error of law, was not erroneous on the arbitrary or capricious. He also said use of the shoreline, and not the issu forest, was before the Council. the Hearing Examiner's decision contained no entire record, and was not that only the issue of the e of the logging of the March 3, 1988 Page 4 Jackson stated that she believed the Hearing Examiner had erred in his determination that the operation of the barge would be no more disruptive than the operation of motor boats on the lake, because there was no evidence in the record to support that conclusion. Jackson said that the Hearing Examiner had also erred in his determination that the project would have state -wide economic benefits, since the barging project itself would have no economic benefits. The economic benefit was expected from the logs the barge would carry, and since the Hearing Examiner had prohibited the opponents of the project from addressing the issue of the logging operation that issue should not then be admissible as an argument in the proponents' favor. Jackson also said that the use of the shoreline was inseparable from the use of Baker Lake, since the project would involve the continual operation of a barge traveling across the lake. Burton cited the state Shoreline Management Act provisions directing that shorelines of state -wide significance be managed so as to benefit state -wide over local interests, preserve the character of the shoreline, result in long -term in preference to short -term benefits, and protect the resources and ecology of the shoreline. He further stated that Baker Lake was designated as a conservancy shoreline, meaning that its resources were to be managed on a long -term, multiple use basis, and that "uses which require substantial alterations to the area's natural character, especially its topography and land -water edge, should be directed to urban or rural areas." Burton also said that Baker Lake was designated an aquatic lake by the Whatcom County Shoreline Management Program, and that the purpose of that designation was "to preserve the limited water surfaces, tidelands, and shorelands, from encroachment." Burton cited testimony by the applicant, referred to on page 8 of the Hearing Examiner's findings, containing a description of the proposal to sink a barge and fill in an area of the shoreline with crushed rock in order to provide access for trucks. The applicant also stated that more ecological damage might be done to the shoreline by removing the materials after the project than if they were left in place. March 3, 1988 Page 5 Burton concluded that the Hearing Examiner's initial statement on page 6, that the project was compatible with the policies of the Shoreline Management Program relating to Shorelines of Statewide Significance, was in error. Burton stated that the Hearing Examiner had also made an error of law in failing to consider that the project, which was for the sole purpose of providing access to logging areas which the applicant intended to utilize in the future, was contradictory to the provisions of the Shoreline Management Act which stated that state -wide interests should be given preference over local interests. The motion to uphold the Hearing Examiner failed. A roll call vote was requested, and the motion was found to have failed on a vote of 5 -2 (Hansey, Roehl). The meeting was recessed at 8 :20 p.m. and reconvened at 8 :30 p.m. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES ORDINANCE AMENDING WHATCOM COUNTY CODE PROVISIONS MAKING THE (VIOLATION OF SAID PROVISIONS AN INFRACTION ORDINANCE ESTABLISHING A CIVIL INFRACTION PROCEDURE ORDINANCE CREATING ENFORCEMENT PROCEDURES FOR FAILING TO RESPOND OR SIGN AN INFRACTION Warner reported that the ordinances had been held in the Finance Committee. ORDINANCE TO REVISE THE 1988 CURRENT EXPENSE FUND, BUILDINGS AND CODE BUDGET THEREIN Warner explained the ordinance and reported that the Finance Committee recommended its adoption. WARNER MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. ORDINANCE ESTABLISHING A FERRY REVOLVING FUND Warner explained the ordinance and reported that the Finance Committee recommended its adoption. WARNER MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. March 3, 1988 Page 6 ORDINANCE TO REVISE THE 1988 COMBINED TREATMENT SERVICES FUND APPROPRIATION Warner explained the ordinance and reported that the Finance Committee recommended its adoption. WARNER MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. ORDINANCE DISSOLVING WATER DISTRICT .15 Johnson reported that the Public Services Committee recommended adoption of the ordinance with one amendment. JOHNSON MOVED TO ADOPT THE ORDINANCE, WITH AN AMENDMENT STATING THAT THE FUNDS LEFT IN THE WATER DISTRICT 15 BUDGET SHALL REVERT TO THE COUNTY'S CURRENT EXPENSE FUND. The motion to amend carried. The motion to adopt the ordinance as amende.d carried unanimously. OTHER BUSINESS APPEAL OF SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT S.12 -87 OF AGATE BAY PROPERTIES, FILED BY NORTH SHORE NEIGHBORHOOD GROUP WARNER MOVED TO AFFIRM THE HEARING EXAMINER'S DECISION. The motion carried. OPENING AND AWARj2ING OF BIDS FOR LEASING OF OIL AND OAS RIGHTS ON APPROXIMATELY 381.10 ACRES OF COUNTY LAND AND. 89 MILES OF COUNTY RIGHTS -OF -WAX One bid, from W.G. Van Bebber Oil and Gas Leasing, was received. Council Chair Roehl opened and read the bid, which offered an initial bonus of $16.54 per net acre of $17,009.41; a term of 5 years with option to extend for a second 5 (five) year term; rental of $1.00 per net acre per year for years 2,3,4, and 5, payment of the rental optional at Lessee's option to keep the lease in force; option to extend the lease term a second 5 (five) years by the payment of $31.21 per net acre for acreage covered in the extended term and a rental of $2.00 per net acre per year for years 7,8,9 and 10; again, payable at Lessee's option to keep the lease in force; and royalty of 12.50% (1 /8th) in the original lease and the extended term. March 3, 1988 Page 7 Public Works Director Paul Rushing stated that the offer exceeded the minimum terms. WARNER MOVED TO ACCEPT THE BID. The motion carried. APPEAL OF PLANNING COMMISSI.ON'S DENIAL OF NIELSON REZONE REQUEST Burton explained the Nielsons had requested a comprehensive plan amendment to have property zoned "Community Commercial," in order to be able to relocate their appliance business to an area on Tyee Drive in Point Roberts presently zoned residential, low density. The Planning Commission had turned down the request on a 4 -4 vote due to concerns about the impact on traffic and the fact that other land in the area had been set aside for Community Commercial development. Burton stated that much of that land designated as Community Commercial was hard to "perc" and therefore could not be developed. He reported that the Planning and Development Committee recommended that the Council schedule a hearing on the Nielson's request, and that it be approved with some mitigating conditions. BURTON MOVED TO SCHEDULE A HEARING ON A COMPREHENSIVE PLAN AMENDMENT FOR THE NIELSON PROPERTY WHICH WOULD INCLUDE THE PLANNING AND DEVELOPMENT COMMITTEE'S RECOMMENDATION THAT THE AMENDMENT INCLUDE THE NIELSON'S PROPERTY ONLY; THAT THE USES TO WHICH THE PROPERTY MAY BE PUT BE SPECIFICALLY LIMITED; AND THAT BUSINESS ACCESS TO THE PROPERTY BE FROM MCKENZIE STREET ONLY. The motion carried. The Planning staff was asked to prepare the necessary paperwork. PETITION FOR VACATION OF A PORTION OF EAST BOUNDARY ROAD..FIL.ED BY SCOTT DOHNER FOR EXPORTS, INC. The petition was received by consent, to be scheduled for a hearing and referred to the Planning and Development Committee. OPEN SPACE APPLICATION FILED BY GERALD .BARBER The application was received by consent and referred to the Planning Commission. PETITION FOR FRANCHISE FROM CITY OF FERNDALE FOR A FORCE MAIN SEWER LINE WITHIN COUNTY RIGHT'S -OF -WAY ON SMITH AND BARRETT ROADS The petition was received by consent and referred to the Public Works Department for drafting of an ordinance. March 3, 1988 Page 8 INTRODUCTION OF RESOLUTIONS AND ORDINANCES RESOLUTION IN THE MATTER OF CANCELLATION OF WARRANTS OVER ONE YEAR.OLD IN ACCORDANCE WITH THE PROVISIONS OF R..C,W. 36.22.10.0 Warner explained the resolution and reported that the Finance Committee recommended its approval. WARNER MOVED TO APPROVE THE RESOLUTION. The motion carried. ORDINANCE AMENDING WHATCOM .COUNTY CODE TITLE The ordinance was introduced by consent and scheduled for final consideration on March 17, 1988. ORDINANCE IN THE.MATTER. OF RE- ESTABLISHING THE WHATCOM COUNTY DEPARTMENT OF PUBLIC WORKS., IN ACCORDANCE WITH THE HOME RULE CHARTER FOR WHATCOM COUNTY, PROVIDING FOR 'SHE. REPEAL.OF—W,HATCOM COUNTY. CO HAP R 2..7.6,.RESOLUTION DA.TED.S EMBER 0. 8 AND ORDINANCE N0, 83 -73, DESIGNATING THE.DIVISIONS, AND .INCORPORATING WITHIN THE WHATCOM COUNTY CODE A NEW CHAPTER 2.77 The ordinance was introduced by consent and referred to the Public Services Committee. ORDINANCE AUTHORIZING A.REVISED SUPPLEMENTAL BUDGET TO THE 1.988 SEWER CONSTRUCTION FUND FOR ADDITIONAL IMPROVEMENTS TO THE FERNDALE WASTEWATER TREATMENT PLAN' The ordinance was introduced by consent and referred to the Finance Committee. REPORTS AND OTHER .ITEMS FROM COUNCIL MEMBERS MEETIN.GS SCHEDULE Warner announced that the Finance Committee had scheduled a special meeting for Monday, March 7 at 3:00 p.m. to discuss possible assistance from downtown supporters in siting the proposed juvenile detention facility in the civic center area. The Finance Committee's regular meeting on March 14 was scheduled for 2:00 p.m. The Council also agreed to. schedule a Committee of the Whole meeting for March 10 at 7:00 P.M. March 3, 1988 Page 9 •i� ; _ M RESOLUTION AUTHORIZI.NG..EMILY.JACKSON TO-APPEAR BEFORE THE UTILITIES AND 'TRANSPORTATION COMMISSION ON BEHALF OF THE WHAT,CQM COUNTY COUNCIL JOHNSON MOVED TO APPROVE THE RESOLUTION. Jackson explained the resolution, and discussion followed. JOHNSON MOVED TO DELETE "ON BEHALF OF THE WHATCOM COUNTY COUNCIL" FROM THE TITLE OF THE RESOLUTION. WARNER MOVED TO DELETE THE PHRASE "SPEAK ON BEHALF OF WHATCOM COUNTY" FROM LINE 15 OF THE RESOLUTION AND SUBSTITUTE 11TO OBSERVE AND MAKE INQUIRIES ON MATTERS OF INTEREST TO WHATCOM COUNTY." The motions to amend the resolution carried. The motion to approve the resolution as amended carried. The meeting was adjourned at 9:18 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON William P. Roehl, Chair ATTEST: Carol Ebergson Clerk of the Council