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HomeMy WebLinkAboutCounty Council for July 7 1983OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL MINUTES - JULY 7, 1983 The Whatcom County Council meeting was called to order on Thursday, July 7, 1983 at 7:36 p.m. by Chairperson Cole with members Hansey, Roehl, Van Zanten, and Muenscher present. Johnson was out of town and not able to attend. Hawley also had another commitment. MINUTES The minutes of the June 16, 1983 meeting were approved as presented. EXECUTIVE ITEMS STORM DRAINAGE STUDY Executive Louws presented the Council with information regarding the scope of services for a consultant for the purpose of a Comprehensive Storm Drainage Study. He stated the cost of the study may be approximately $75,000. Hansey reported the Finance Committee recommended the Executive be authorized to issue a request for proposals for the study. Hansey so moved to authorize the Executive to issue a request for proposal for consultant services for the County's Comprehensive Storm Drainage Study. Motion carried. CONTRACT TO PURCHASE PROPERTY Executive Louws withdrew the contract to purchase property from the agenda at this time. C O N T R A C T -- S U P E R I O R C 0 U R T B A I L I F F S Executive Louws presented the professional services contract regarding Superior Court bailiffs. The Contractor shall be reim- bursed at the rate of $7.00 per hour, with a minimum guarantee of four hours for each day. All time served in excess of eight hours in one day shall be compensated at time and one half. The Contractor will not be compensated for services after 10:00 p.m., unless the jury is in session. Hansey reported the Finance Committee recommended approval of the contract, to remain in effect through December 31, 1984. Hansey so moved to authorize the Executive to enter into contract with the terms of the contract to remain in effect through December 31, 1984. Motion carried. Whatcom County Council Minutes - July 7, 19 PAGE 2. BID AWARD -- KENDALL ROAD Hansey reported the Finance Committee recommended accep- tance of the bid of Wilder Construction, Inc. for the amount of $239,900.00, including all taxes, for the reconstruction of the Kendall Road. Hansey so moved to accept the bid as presented. Motion carried. BID AWARD -- D R A Y T 0 N HARBOR ROAD Hansey also reported the Finance Committee recommended acceptance of the bid of One -Way Construction, Inc. for the amount of $26,718.50, including all taxes, for the repair of Drayton Harbor Road. Hansey so moved to accept the bid as presented. Motion carried. BID AWARD -- SOUTH PASS ROAD Hansey reported the Finance Committee recommended accep- tance of the bid of Whatcom Builders, Inc. for their bid Alternate No. 1, in the amount of $53,570, including all taxes, for repairs to the South Pass Road. Hansey so moved to accept the bid as presented. Motion carried. REPORTS FROM EXECUTIVE Executive Louws reported a meeting will be held with repre- sentatives from the Counties of Island, San Juan, Skagit as well as Whatcom, to discuss the liability pertaining to the Jobs Training Partnership Act. The meeting is scheduled for Friday, July 15, in Snohomish. Muenscher and Van Zanten will attend the m e e t i n g o n b e h a l f o f t h e C o u n c i l. Executive Louws also stated he will be sending a letter to the State Department of Transportation requesting signalization on the Guide Meridian, due to the present deaths that have occurred. Roehl moved to authorize the Chair to sign the letter with the Executive on behalf of the Council. Roehl reported the Department of Transportation at a meeting of the Guide Meridian Transportation Corridor Analysis Group, stated there are no plans for the Guide in the State is six -year road program. Roehl's motion passed. OPEN SESSION Joe Pemberton, 8142 Birch Bay Drive, Blaine, spoke to the overall development of Birch Bay. He represented the Northwest Birch Bay Drive Association. He stated the association is Whatcom County Council Minutes - July 7, 1 j PAGE 3 proposing the Drive at its northerly end be a one -way street with an extra lane for bicycles, pedestrians, and horses. The matter was referred to the Law and Justice Committee. Corky Smith, Olivine Corporation, submitted a letter to Council regarding a proposal to build a small incinerator at one of the County's landfill sites. The matter was forwarded to the administration. HEARINGS VACATION OF CALIFORNIA AND SANSOME STREETS Hearing was continued from May 5, 1983 in the matter of the vacation of California and Sansome Streets. No testimony was r e c e i v e d a n d t h e h e a r i n g w a s c l o s e d. Van Zanten reported the Engineering and Planning Departments both recommended denial of the vacation. Also the petitioner had not filed a valid petition with the Council. Van Zanten moved to table the petition indefinitely. Motion carried. RESOLUTION RE: SIX YEAR COMPREHENSIVE ROAD PROGRAM Hearing was declared open on the RESOLUTION IN THE MATTER OF THE WHATCOM COUNTY COMPREHENSIVE SIX YEAR ROAD PROGRAM FOR THE YEARS 1984 THROUGH 1989. A request was received from the Public Works Department for the hearing to be recessed for two weeks in order for the Resolution to be reviewed by the Planning Commission. No testimony was received and the hearing was recessed until the July 21, 1983 meeting. LOT LINE ADJUSTMENT IN SUDDEN VALLEY Hearing was declared open in the matter of a lot line adjustment in the Plat of Sudden Valley, requested by Randall Reddick. Reddick was present and requested the lot line adjustment. No further testimony was received and the hearing was closed. Hansey moved to authorize the lot line adjustment as requested. Motion carried. LOT LINE ADJUSTMENT IN MARINELAND NO. 2 Hearing was declared open in the matter of a lot line adjustment in the Plat of Marineland No. 2, petitioned for by Leslie Peterson. Arlene Peterson was present requesting the adjustment. No further testimony was received and the hearing was closed. Whatcom County Council. Minutes - July 7, 19; PAGE 4 No further testimony was received and the hearing was closed. Memo was received from Building and Codes Department noting a discrepancy between the sketch of lot 6 that the petitioner submitted and the actual recorded lot 6. This will to be worked out with the surveyor. Roehl moved to authorize the lot line adjustment. Motion carried. LAWRENCE TOWNSHIP HALL Hearing was declared open in the matter of declaring surplus t h e L a w r e n c e T o w n s h i p H a 1 1 p r o p e r t y. The following testimony was .received: Marvin - -Would like to have the chairs 5943 Lawrence Road and furnace out of the building. Al Workman -- Stated the Lutheran Church is 5785 Lawrence Road interested in the piano and tables. Rushing stated the equipment, tables, chairs, etc. could be donated to the public entities in the area if the Council so desired. No further testimony was received and the hearing was closed. Roehl moved to declare the property and building surplus and further donate the non -real property to the public agencies in that community, if said donation is legal. Motion carried. DECLARE PROPERTY SURPLUS ON 34TH STREET Hearing was declared open in the matter of declaring certain real property owned by Whatcom County, a five foot strip of land on 34th Street. No testimony was received and the hearing was closed. The matter was referred to the Planning and Development Committee. ORDINANCE PARKING ON BIRCH BAY - LYNDEN ROAD Hearing was declared open in the matter of the ORDINANCE TO ETABLISH PARKING CONTROL IN THE VICINITY OF THE BIRCH BAY - LYNDEN ROAD AND HARBORVIEW INTERSECTION. No testimony was received and the hearing was closed. Whatcom County Council Minutes - July 7, 19E PAGE 5 Roehl reported the Law and Justice Committee recommend "do pass" of the ordinance. Roehl so moved the ordinance for final p a s s a g e . O r d i n a n c e p a s s e d u n a n i m o u s l y . FINAL CONSIDERATION OF ORDINANCES ORDINANCE -- AUDITOR BUDGET Hansey reported the Finance Committee recommended approval of the ordinance, which will provide for an additional full time position in the licensing devision of the Auditor's office for the remainder of 1983• Hansey moved for final passage Draft II of the ordinance with the revision amended to the six month level. A clerical correction was noted on line 12 1 /2.to change the amount of "$8,959.03" to "$6,446.68 ". Ordinance passed unanimously. ORDINANCE -- INITIATIVE AND REFERENDUM PETITION FORMS Hansey moved for final passage the substitute ORDINANCE AMENDING WHATCOM COUNTY CODE 1.08.060 PROVIDING FOR PROCEDURES AS TO THE FORM OF PETITIONS FOR INITIATIVES AND REFERENDUMS. Hansey moved to amend the ordinance on page two to place the "Official Use Only" column on the left hand side of the page instead of the right hand side. Motion to amend carried. Van Zanten moved to amend the ordinance in section 1.08.020, Definitions to read: B "Measure" means legislative enactment, statute, or law (used to refer to the complete and appropriate text of an ordinance or act requested. Motion to amend carried. Van Zanten moved to amend the ordinance in Section 1.08.050, Preparation and Filing to read: "Any legal voter, or organization of legal voters of Whatcom County, may prepare and file an initiative, mini - initiative or referendum measure with the county auditor, who, within five (5) days excluding Saturday, Sunday, and holidays, shall confer with the petitioner and the Prosecuting Attorney's office to review the proposed measure as to form, style and content to assure that it is complete and appropriate for the type of Whatcom County Council Minutes - July 7, 19c PAGE 6 enactment being1 proposed. If the DroDosed measure is deficient the petitioner(s) shall be so advised by the Auditor to allow correction to be made before filing. Roehl moved to amend Van Zanten's proposed amendment to strike the language after the word "style" and leave in the last sentence. Motion to amend the amendment carried. Van Zanten's motion to amend as amended carried. Muenscher moved to amend Van Zanten's second amendment to delete the reference made to the Prosecuting Attorney's office. Motion failed. Hansey moved to amend the ordinance on line 25 to change 1112 inches" to "11 inches ". Motion to amend carried. Hansey moved to amend the ordinance on line 24.112 after the word "quality" to insert "(including, but not limited to news- p r a n t)". M o t i o n t o a m e n d p a s s e d. Hansey moved to amend the ordinance on line 26 after the word "length" to insert ", at the option of the petitioner, ". Cole pointed out that is already stated on line 23. Hansey withdrew his motion. Roehl moved to table consideration of the ordinance until the July 21, 1983 meeting. Motion failed. Vote on the ordinance failed 3 -2 ( Roehl, Muenscher). R -oehl moved to reconsider the ordinance. Motion carried. Roehl moved to table consideration of the ordinance until the July 21, 1983 meeting. Motion passed. ORDINANCE -- ADVANCED EXPENDITURE BUDGET Hansey moved for final passage the ORDINANCE AUTHORIZING A REVISION TO THE 1983 CURRENT EXPENSE FUND, ADVANCED EXPENDITURE BUDGET THEREIN. He reported the Finance Committee recommended approval of the ordinance. Ordinance passed unanimously. ORDINANCE -- CIVIC CENTER PARKING STUDY Hansey moved for final passage the ORDINANCE AUTHORIZING A REVISED BUDGET TO THE 1983 FEDERAL SHARED REVENUE FUND TO PAY A PORTIN OF THE CIVIC CENTER STUDY. He reported the Finance Committee recommended passage of the ordinance. Ordinance passed unanimously. Whatcom County Council Minutes - July 7, 19 PAGE 7 OTHER BUSINESS A P P E A L - - B E L L I N G H A M R I D I N G C L U B Administrative Appeal of a Hearing Examiner decision filed by Barbara Thomas for Bellingham Riding Club, was received and r e f e r r e d to t h e C o m m i t t e e of t h e W h o l e. OPEN SPACE -- PAUL CROFT Open Space application filed by Paul Croft was received and r e f e r r e d t o t h e P l a n n i n g C o m m i s s i o n. P.U.D. ORDINANCE DRAFTING COMMITTEE APPOINTMENT Nominations were open for the Planned Unit. Development Ordinance Drafting Committee. Hansey nominated Muenscher and moved to close nominations and cast a unanimous ballot for Muenscher. Motion carried and Muenscher was .so appointed. LAKE SAMISH CABLEVISION RATE INCREASE Van Zanten reported the Public Services Committee had reviewed the request by Lake Samish Cablevision to increase their basic service rates. The Committee recommended the Council not invoke the jurisdiction of the Rate Review Board and allow the rate increase to go into effect. The rate would be increased from $7.50 to $10.00. Van Zanten so moved to concur with the Public Services Committee recommendation. Motion carried. L A K E W H A T C O M -- P 0 S T I N G O F S I G N S Van Zanten reported the City of Bellingham has already posted warning signs on various properties at Lake Whatcom informing people that the Lake contains dangerous debris. Van Zanten moved to request the, administration to cooperate with the City of Bellingham and post the same signs (to be uniform in size and wording) on various County properties around the Lake. Motion carried. Van Zanten also moved to send a letter to the citizen clean -up groups commending them for all of their help. Motion carried. Whatcom County Council Minutes - July 7, 19RI PAGE 8 URBAN FRINGE SUBAREA Hansey moved to ratify the Committee of the Whole's recommendation which states the following: "To refer the proposed Urban Fringe Comprehensive Plan and Zoning Texts back to the Planning Commission with the Council's suggested amendments to date, for an additional public hearing, and in the event the Commission declines to hold their own public hearing and sends the proposals back to Council that the Chair of the Council be authorized to immmediately set the matter up for public hearing before the Council. Motion carried. The Planning Commission will also be requested to notify the property owners in the Cherry Point /Ferndale Subarea affected by the LII Zone change. INTRODUCTIONS RESOLUTION -- 1983 ROAD CONSTRUCTION PROGRAM Van Zanten introduced and moved for final passage a RESOLUTION AMENDING RESOLUTION NO. 82 -61, THE WHATCOM COUNTY 1983 ROAD CONSTRUCTION PROGRAM, FOR THE PURPOSE OF ADDING CERTAIN STORM RESTORATION WORK WHICH SHALL BE FUNDED BY THE FEDERAL GOVERNMENT. Van Zanten reported the Public Services Committee r e c o m m e n d e d p a s s a g e o f t h e o r d i n a n c e. A roll call vote was taken and the Resolution passed unanimously. RESOLUTION -- SEWER IMPROVEMENT DISTRICT NO. 1 Van Zanten introduced and moved for final passage a RESOLUTION IN THE MATTER OF SETTING A DATE FOR A PUBLIC HEARING FOR THE ABANDONMENT AND DISSOLUTION OF SEWER IMPROVEMENT DISTRICT N0 1 PURSUANT TO R.C.W. 85.08.540. Van Zanten reported the Public Services Committee recom- m e n d e d p a s s a g e o f t h e r e s o l u t i o n. Resolution passed. Whatcom County Counc Minutes - July 7, 1983 PAGE 9 Hansey introduced the following ordinances and they were referred to the Finance Committee: 1. Ordinance creating and establishing within the Department of Public Works an Equipment Rental Division for Whatcom County and providing for its operation; establishing an Equipment Rental Fund to be used as a revolving fund for the purchase, maintenance and repair of equipment within the Department of Public Works and for the purpose of equipment, matrials, supplies and services required in the administration and operation of the Fund and the manufacturing of materials and supplies needed by the Department or other County departments or offices as authorized herein or by Resolution of the County Council in accordance with Chapter 36.33A RCW and Whatcom County Home Rule Charter Section 2.20 and repealing Resolution dated 11th day of March, 1974, a Resolution creating a Motor Pool and establishing a Rental Fund, and amending Whatcom County Code Chapter 2.66 by deleting Section 2.66.140/2.66.150 2. Ordinance amending Ordinance No. 82 -95 for the purpose of correcting the Order of Levy for the Current Expense, Mental Health, Developmental Disabilities, Election Reserve, River Improvement and Soldiers & Sailors Funds of the 1982 budget 3. Ordinance authorizing a revised budget to the 1983 Current Expense Fund, Non - Departmental Budget therein for Jail Construction 4. Ordinance providing for a revised budget to the 1983 Mental Health Fund 5. Ordinance providing for the establishment of the Pacific Northwest Bell Revolving Account 6. Ordinance authorizing a disbr.ibution of Public Utility D i s t r i c t P r i v i l e g e T a x R e v e n u e s 7. Ordinance providing for an increase in funds in the Central Stores Revolving Fund -- State Controlled Area Network (SCAN) Whatcom County Counc Minutes - July 7, 1983 PAGE 10 8. Ordinance providing for a revised budget to the 1983 Mental Health Fund -- Children's Hospital Alternative Program Van Zanten introduced the Ordinance establishing a Rate Review Board for the purpose of reviewing rates to subscribers for cablevision services. The ordinance was referred to the Public Services Committee. Roehl introduced and moved for final passage a RESOLUTION AMENDING RESOLUTION 83 -27 IN THE MATTER OF SETTING A DATE FOR A PUBLIC HEARING FOR DECLARING CERTAIN COUNTY -OWNED EQUIPMENT, VEHICLES AND MATERIALS SURPLUS PROPERTY PURSUANT TO REVISED CODE OF WASHINTON 36.34.020. Resolution passed. M e e t i n g a d j o u r n e d a t 1 0: 0 0 p. m. APPROVED WHA COM COUNTY COUNCIL ATTEST: W AT OM COUNTY, WA HIN ON 9VA Clerk of the Cohn it Craig o ., Chairperson ATTENDANCE LOG NAME ADDRESS Do you wis to speak? rGi)iC� 11. 12. 13. 14. 15. 16. 1-7. 1s. 19. 20. 21. 22. 23. 24. 25.