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HomeMy WebLinkAboutCounty Council April 16 1987WHATCOM COUNTY COUNCIL April 16, 1987 The meeting was called to order by Council Chair Burton at 7 :30 p.m., with all Council members present. APPROVAL OF MINUTES The minutes of April 2, 1987 were approved. SPECIAL ITEM OF BUSINESS PRESENTATION BY THE WHATCOM COUNTY STEERING COMMITTEE FOR THE LOCAL CENTENNIAL CELEBRATION George Thomas, Whatcom County Museum Director and Chair of the Steering Committee introduced some members of the Committee and spoke to the Council about the Committee's projects and goals. RESOLUTION AMENDING RESOLUTION 86 -45 REGARDING A CENTENNIAL COMMITTEE FOR WHATCOM COUNTY Executive Van Zanten explained the need for the resolution. HAWLEY MOVED TO APPROVE THE RESOLUTION. The motion carried. EXECUTIVE ITEMS Van Zanten presented the recommended contract award. Duane Stewart, Treatment Director for Human Services Associates, and Paul McBeth, Director of the Community Alcohol and Substance Abuse Center, each spoke briefly to the Council about their agencies' bids for the contract. Warner reported that the Finance Committee had reviewed the proposed contract award to the Community Alcohol Center, and recommended that it be approved. WARNER MOVED THAT THE EXECUTIVE BE AUTHORIZED TO ENTER INTO THE CONTRACT WITH THE COMMUNITY ALCOHOL AND SUBSTANCE ABUSE CENTER FOR ALCOHOL OUTPATIENT SERVICES. There was discussion on the motion. The motion carried. April 16, 1987 Page 2 WARNER MOVED THAT THE CONTRACT FOR ALCOHOL DETOXIFICATION SERVICES BE AWARDED TO THE COMMUNITY ALCOHOL AND SUBSTANCE ABUSE CENTER. The motion carried. BID AWARD RECOMMENDATION FOR THREE SINGLE AXLE DUMP TRUCKS TO THE LOW BIDDER. MOTOR TRUCKS, INC. FOR THREE INTERNATIONAL S -1954 DUMP TRUCKS WITH LYNNWOOD BOXES AT $40,335.31 EACH, FOR A NET BID OF $119.311.34, INCLUDING A TRADE -IN ALLOWANCE AND SALES TAX Van Zanten explained the bid award. Warner reported that the Finance Committee recommended approval of the bid. WARNER MOVED TO APPROVE THE BID AWARD. The motion carried. BID AWARD RECOMMENDATION FOR A ONE SON CAB AND CHASSIS SERVICE TRUCK TO THE LOW BIDDER, BELLINGHAM CHRYSLER CENTER INC., FOR A DODGE D3L64 TRUCK AT A TOTAL BID OF $10,960,59, INCLUDING TRADE - IN ALLOWANCE, SALES TAX AND EXTENDED WARRANTY Van Zanten explained the bid award. Warner reported that the Finance Committee recommended approval of the bid. WARNER MOVED TO APPROVE THE BID AWARD. The motion carried. BID AWARD RECOMMENDATION FOR BRIDGE TIMBERS AND PILING TO THE LOW BIDDER. KENNEDY JOHNSON LUMBER CO., IN THE TOTAL AMOUNT OF $49.917.41, INCLUDING SALES TAX Van Zanten explained the bid award. Warner reported that the Finance Committee recommended approval of the bid. WARNER MOVED TO APPROVE THE BID AWARD. There was discussion on the motion. The motion carried. April 16, 1987 Page 3 BID AWARD RECOMMENDATION FOR A REAR MOUNT FLAIL MOWER TO THE ONLY RESPONSIVE BIDDER. BRIM TRACTOR CO., INC., FOR A BOMFORD B588 MOWER AT $16,656,05, INCLUDING MOUNTING AND SALES TAX Van Zanten explained the bid award. Warner reported that the Finance Committee recommended approval of the bid. WARNER MOVED TO APPROVE THE BID AWARD. The motion carried. CONTRACT AWARD FOR LEACHATE PRE - TREATMENT FACILITY TO DON OLSON CONSTRUCTION IN THE AMOUNT OF $172,117.71 Van Zanten explained the proposed contract and the contention by Waterworks, Inc., that they should have been awarded the contract rather than Don Olson Construction. Public Works Director Rushing further clarified the issue. Don Olson, of Don Olson Construction, was present at the meeting and stated that he would stand by the prices stated in his bid. Warner reported that the Finance Committee recommended awarding the contract to Don Olson Construction. WARNER MOVED TO AWARD THE CONTRACT TO DON OLSON CONSTRUCTION. There was discussion on the motion. The motion carried. CONTRACT `AWARD FOR RECONSTRUCTION OF HAYNIE ROAD TO WILDER CONSTRUCTION COMPANY IN THE AMOUNT OF $271,460 INITIATING RESOLUTION FOR PROJECT NO. 99127, RECONSTRUCTION OF HAYNIE ROAD Van Zanten presented the proposed bid award and initiating resolution. Warner reported that the Finance Committee recommended approval of the contract award and the resolution. WARNER MOVED TO APPROVE THE CONTRACT AWARD. There was discussion on the motion. The motion carried. April 16, 1987 Page 4 WARNER MOVED TO APPROVE THE INITIATING RESOLUTION. The motion carried. CONTRACT AWARD FOR THE ELECTRICAL, HEATING, VENTILATION AND AIR - CONDITIONING FOR THE 6TH FLOOR COURTHOUSE REMODEL TO DIAMOND "B" PLUMBING AND HEATING IN THE AMOUNT OF $29,_336, INCLUDING STATE SALES TAX Van Zanten presented the proposed contract award, which had not been reviewed by the Finance Committee because the bids were received April 15, 1987. WARNER MOVED TO APPROVE THE CONTRACT AWARD. There was discussion on the motion. The motion carried. APPLICATION FOR A CLASS B,C,E,F LIQUOR LICENSE BY JOSEPHINE OPHAM AND MARL ENE CERVENEY FOR PALMS TAVERN, L IN Johnson reported that the Public Services Committee recommended approval of the application. JOHNSON MOVED TO APPROVE THE LIQUOR LICENSE APPLICATION. The motion carried. The meeting was recessed at 8 :30 p.m. and reconvened at 8 :40 p.m. OPEN SESSION Robert Ewing Expressed his opposition to the fact that there is a minimum lot size of 20 acres in a Forestry Zone. The Council discussed his concerns and advised that he continue to make his views known to government officials and agencies. HEARINGS ORDINANCE IN THE MATTER OF ESTABLISHING A SPEED LIMIT OF 35 M.P.H. ON ALL COUNTY ROADS EXCEPT WHERE A HIGHER LIMIT MAY SAFETY BE EFFECTED OR A LOWER SPEED LIMIT IS REQUIRED The public hearing on the ordinance was opened. April 16, 1987 Page 5 Janet Maricle 3900 E. Smith Road Spoke in opposition to the ordinance; 35 m.p.h. speed limit is unfair, time - consuming. Forrest Stremmler 308 N. 14th, Lynden Opposed to ordinance; questioned enforcement and costs involved. The Council discussed the concerns expressed by Ms. Maricle and Mr. Stremmler. There was no further testimony and the hearing was closed. A map showing the proposed speed limits for the various County roads was distributed to the Council members. Johnson reported that the Public Services Committee had reviewed the ordinance and recommended its adoption. JOHNSON MOVED TO ADOPT THE ORDINANCE AND PUBLISH THE MAP AND THE ORDINANCE IN ITS ENTIRETY. There was discussion on the motion. Johnson withdrew his motion. ROEHL MOVED TO RE -OPEN THE PUBLIC HEARING, CONTINUE IT FOR THREE WEEKS UNTIL THE NEXT COUNCIL MEETING, AND REQUEST THE NEWSPAPERS' ASSISTANCE IN PUBLICIZING THE SPEED LIMITS. There was discussion on the motion. The motion failed. JOHNSON MOVED TO ADOPT THE ORDINANCE AND PUBLISH THE MAP AND THE ORDINANCE IN ITS ENTIRETY. There was discussion on the motion. The motion carried 6 -1 (Roehl). ORDINANCE REGARDING THE MATTER OF ESTABLISHING A 35 M.P.H. SPEED LIMIT ON PARADISE ROAD The public hearing on the ordinance was opened; there was no testimony and the hearing was closed. County Engineer Henken and Council Attorney Watts clarified the need for the ordinance. April 16, 1987 Page 6 Johnson reported that the Public Services Committee recommended adoption of the ordinance. JOHNSON MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. FINAL CONSIDERA1,0N OF RESOLUTIONS AND ORDINANCES ORDINANCE REGARDING THE MATTER OF PLACING STOP AND YIELD SIGNS ON VARIOUS COUNTY ROADS (LONGDIN ROAD AND BENNETT AVENUE) Johnson explained that the Engineering Department had discovered an error in the wording of the ordinance, which had been referred back to the Public Services Committee following the public hearing April 2, 1987. JOHNSON MOVED TO ADOPT THE ORDINANCE WITH THE FOLLOWING LANGUAGE SUBSTITUTED UNDER ITEM NUMBER 2: "INSTALL A YIELD SIGN ON THE NORTHBOUND RIGHT HAND TURN LAND ON WEST BAKERVIEW ROAD AT BENNETT DRIVE." The motion carried unanimously. ORDINANCE AMENDING TITLE 20 Muenscher reported that the Planning and Development Committee recommended adoption of the ordinance. MUENSCHER MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. OTHER BUSINESS APPEAL OF HEARING EXAMINER'S DECISION ON CONDITIONAL USE PERMIT CU 2 -87, FILED BY WENDY TRULOCK ROEHL MOVED TO REVERSE THE HEARING EXAMINER AND REMAND THE DECISION TO THE HEARING EXAMINER, BASED ON AN ERROR OF LAW. Roehl explained that the error of law was the Hearing Examiner's assumption that the applicant was required to meet the conditions of the "business use" section of the Comprehensive Plan. The motion carried. April 16, 1987 Page 7 RECOMMENDED DISMISSAL OF FIRCHAU MINING APPEAL MUENSCHER MOVED THAT THE APPEAL OF FIRCHAU MINING COMPANY BE DISMISSED WITH PREJUDICE, DUE TO ITS LACK OF DILIGENT PROSECUTION OF THE APPEAL, UNLESS FIRCHAU MINING DELIVERS ITS BRIEF TO THE WHATCOM COUNTY COUNCIL OFFICE NO LATER THAN 10 DAYS AFTER A LETTER IS SENT TO THEM ADVISING THEM OF THIS DECISION. THE LETTER SHOULD BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. The motion carried. PLANNING COMMISSION RECOMMENDATIONS ON OPEN SPACE APPLICATIONS; Endicott Davis Harris Hendrickson Eii • ! 11. - • - • • ' • Iverson Saar Peterson Hubbard Muenscher reported that the Planning and Development Committee recommended approval of the Planning Commission's recommendations. MUENSCHER MOVED TO APPROVE THE PLANNING COMMISSION'S RECOMMENDATIONS ON THE OPEN SPACE APPLICATIONS. The motion carried. REQUEST FOR VACATION OF LOT LINE BETWEEN LOTS 58 AND 598 DIVISION 27, SUDDEN VALLEY FILED, BY STEVEN GLOBERMAN The request was received by consent, to be scheduled for a hearing and referred to the Planning and Development Committee. The meeting was recessed at 9:45 p.m. and reconvened at 9:50 p.m. RECONSIDERATION QF ORDINANC IN THE MATTER OF S B S NG A SPEED LIMIJ QF 35 M.P.H. ON ALL COUNlY R ADS EXCEPT WHERE HIGHER LIMIJ MAY SAFELY BE EFFECTED OR A LOWER SPEED LIMIT S REQUIRED It was noted that a problem with the wording of the ordinance had been discovered. JOHNSON MOVED TO RECONSIDER THE VOTE ON THE ORDINANCE AND SEND IT BACK TO THE PUBLIC SERVICES COMMITTEE. The motion carried. April 16, 1987 Page 8 INTRODUCTION OF RESOLUTIONS AND ORDINANCES RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TALC FORECLOSURE, SUDDEN VALLEYj LOI 115, PIVISION 1 LOT 36, DIVISION 5: LOT 75, DIVISION 5 LOT 46, DIVISION 7; LOT 5-4, DIVISION 7 RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURES SUDDEN VALLEY, LOT 520 DIVISION 23 RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TALC FORECLOSURE SUDDEN VALLEY, LOT 213, DIVISION 16 RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, NEPTUNE HEIGHTS, LOT 35 Warner reported that the Finance Committee recommended approval of the resolutions. WARNER MOVED TO APPROVE ALL FOUR RESOLUTIONS. The motion carried. ORDINANCE ESTABLISHING LITTER CONTROL WI HIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY AND PROHIBIJING UNLAWFUL DEPOSIT OF REFUSE ON PUBLIC AND PRIVATE PROPERTY AND COUNTY RIGHTS -OF -WAY AND EASEMENTS The ordinance was introduced by consent, to be scheduled for a hearing and referred to the Public Services Committee. REQORTS AND OTHER ITEMS FROM CQIzINCIL MEMBERS Hawley reported that he had been in touch with Public Works concerning the problems brought to the attention of the Council at its April 2, 1987 meeting by Willis Struiksma, and that those problems were being worked on. The meeting was adjourned at 9:55 P.M. ATTEST: Carol Ebergson Clerk of the Co ncil WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ;�PAa �-- Tom Burton, Chair