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HomeMy WebLinkAboutCouncil October 17 1995WHATCOM COUNTY COUNCIL Regular Council Meeting October 17, 1995 The meeting was called to order at 7 p.m. by Council Chair Robert Imhof in the Council Chamber, 311 Grand Avenue. Also Present: Absent: Marlene Dawson None Alvin Starkenburg Larry Harris Ken Henderson Ward Nelson Barbara Brenner ANNOUNCEMENTS Council met in executive session to discuss the following items: CONSIDERATION OF THE APPEAL OF HEARING EXAMINER'S DECISION ON CONDITIONAL USE PERMIT (CUP 94- 0021), FILED BY MICHAEL HICKEY (AB95 -064) Harris moved to uphold the Hearing Examiner's decision. Motion carried unanimously. DISCUSSION WITH CHIEF CIVIL DEPUTY PROSECUTOR RANDY WATTS REGARDING PENDING LITIGATION (WILDER VS. KIMBALL) (AB95 -373) Council gave instruction to its counsel to continue litigation. DISCUSSION WITH CHIEF CIVIL DEPUTY PROSECUTOR RANDY WATTS REGARDING PENDING LITIGATION (AB95 -336) Council gave instruction to its counsel to continue litigation. SPECIAL PRESENTATION AWARD CEREMONY FOR THE WINNERS OF THE BUMPER STICKER CONTEST ON RECYCLING (AB95 -423) Regular Council Minutes, 10/17/95, Page 1 Sandra Hebert, Schools Program Coordinator for Resources, announced the program. Robert Imhof distributed the awards. OPEN SESSION The following person addressed the Council: Christine Yatse, Administrative Finance Coordinator for Women Care Shelter, Bellingham: Thanked all for the county line for abused women to use CONSENT AGENDA Starkenburg moved approval of consent agenda items 1 and 2. Motion carried unanimously. 1. REQUEST FOR APPROVAL TO CONTINUE TO UTILIZE THE UNITY GROUP AS THE COUNTY'S INSURANCE BROKER TO OBTAIN PRICING AND QUOTES FOR PROPERTY, BOILER & MACHINERY, BONDS, AND FERRY INSURANCE (AB95 -418) 2. REQUEST FOR AUTHORIZATION FOR -THE EXECUTIVE TO ENTER INTO AN AGREEMENT WITH POINT DISTRIBUTORS, INC. FOR SOLID WASTE DROP BOX AND RECYCLING FACILITY AT THE COUNTY -OWNED JOHNSON ROAD LANDFILL SITE FOR A PERIOD OF THREE YEARS AT THE SUM OF $50 PER MONTH (AB95 -149A) PUBLIC HEARINGS 1. RESOLUTION DISSOLVING WHATCOM COUNTY TELEVISION RECEPTION IMPROVEMENT DISTRICT #1 (AB95 -392A) Imhof opened the hearing, and no one spoke. The hearing was closed. Henderson moved approval of the resolution. Motion carried unanimously. Regular Council Minutes, 10/17/95, Page 2 2. RECEIPT OF PETITION IN SUPPORT OF PROPOSED MERGER OF HOSPITAL DISTRICT #1 AND HOSPITAL DISTRICT #304, SKAGIT COUNTY (A PORTION OF HOSPITAL DISTRICT #304 LIES IN EASTERN WHATCOM COUNTY) (AB95 -391) Imhof opened the hearing, and the following person spoke: Tom Ledecker, Affiliated Health Services Dan Gibson, Council's counsel, stated that no action needs to be taken; the Council has fulfilled its obligation for a public hearing. Hearing no one else, the hearing was closed. 3. AN ORDINANCE INSTALLING STOP SIGNS ON HOPEWELL ROAD AT SIPER ROAD AND GOODWIN ROAD (AB95 -398) Imhof opened the hearing, and the following person spoke: Shirley Fuller Nielson, 6287 Siper Road, Everson Hearing no one else, the hearing was closed. Harris moved adoption of the ordinance. Motion carried unanimously. 4. INTERIM ZONING CONTROL ORDINANCE MODIFYING OPEN SPACE REQUIREMENTS IN LII, HII, AND GM ZONES (AB95 -400) A staff report was given by Nate Brown, Planning and Development Services. The following recommendation was made: add the following new finding as Finding #3: Setback requirements in LII and GM range from 10 to 30 feet. Setback requirements in HII range from 30 to 100 feet. Lot coveiage in LII, GM, and HU is limited to 60% of the lot. Buffers of 25 to 50 feet are required in the LII and GM zones and up to 660 feet when development is adjacent to other zoning boundaries. Re- number remaining findings. There was discussion. Regular Council Minutes, 10/17/95, Page 3 Imhof opened the hearing, and the following person spoke: S.C. (Gene) Moulder, 1672 Harksell Road Hearing no one else, the hearing was closed. More discussion followed. Nelson moved approval of the ordinance with the amended finding Number 3. Motion carried unanimously. OTHER ITEMS 1. ORDINANCE AMENDING THE .BUDGET, REQUEST NO. 11, IN THE AMOUNT OF $267,236 (AB95 -399) Starkenburg reported for Finance and Administrative Services Committee and moved approval of the ordinance. Motion carried unanimously. 2. REQUEST FOR APPROVAL OF AMENDMENT TO PUD 92 -0003 (HARBOR LIGHTS) TO MODIFY THE NUMBER AND TYPE OF DWELLING UNITS AUTHORIZED (AB95 -419) Nelson reported for Planning and Development Committee and moved approval of the amendments. Motion carried unanimously. 3. REQUEST FOR APPROVAL OF THE WATER DISTRICT NO. 10 COMPREHENSIVE WATER AND SEWER PLAN AMENDMENT NO. 1, SUBJECT TO PROVISIONS (AB95 -319C) Nelson reported for Planning and Development Committee and noted the committee recommended that the Council extend its review of Water District #10's Comprehensive Plan, Amendment #1, for 60 days. A work session will take place with County planning staff during this period to clarify issues raised by the amendment. Following the work session, the County's decision whether to support the amendment will be rendered. Motion carried unanimously. Regular Council Minutes, 10/17/95, Page 4 4. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S DECISION ON CONDITIONAL USE PERMIT (CUP 94- 0021), FILED BY MICHAEL HICKEY (AB95 -064) See "Announcements ". 5. NOMINATION AND APPOINTMENTS TO FILL TWO VACANCIES ON CEMETERY DISTRICT 2 BOARD OF COMMISSIONERS (AB95- 404A) Imhof opened the nominations. Dawson nominated Polly Hanson. Nelson nominated Sam Williams. Harris moved the nominations be closed. Imhof moved approval by acclamation. Motion carried unanimously. 6. RESOLUTION ENDORSING LEGISLATION FOR PROPERTY TAX RELIEF (AB95 -408) Imhof moved approval. Much discussion followed on this issue. Henderson moved the following amendment: add to page 152, line 3: "...State's portion of the property tax le qty'." Discussion followed. Motion to amend failed 1 -6 with Henderson in favor. Main motion carried unanimously. 9 7. REQUEST FOR APPROVAL OF A CLASS P LIQUOR LICENSE FOR AS YOU LIKE IT, 9389 VALLEY VIEW ROAD, BLAINE, APPLIED FOR BY KAY ARLENE AND RODERICK DREW HICKMAN AND SHARON B. AND STEPHEN H. SWANSON (AB95 -422) Regular Council Minutes, 10/17/95, Page 5 Imhof moved approval of the request. Motion carried unanimously. 8. RESOLUTION OPPOSING CHARTER AMENDMENT #3 (THRESHOLD OF FOUR EMPLOYEES PER THOUSAND RESIDENTS) (AB95 -413) Dawson moved to table. Motion carried 5 -2 with Henderson and Harris opposed. 9. RESOLUTION OPPOSING REFERENDUM 48 (TAKINGS INITIATIVE) (AB95 -415) Dawson moved to table. Motion carried 4 -3 with Henderson, Harris and Imhof opposed. 10. RESOLUTION OPPOSING CHARTER AMENDMENT #6 (TRANSFERRING LONG -RANGE PLANNING) (AB95 -424) Dawson moved to table. Motion carried 4 -3 with Henderson, Harris and Imhof opposed. INTRODUCTION ITEMS Nelson moved approval of the introduction items. Motion carried unanimously. 1. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION FILE NO. SHV 94 -0006 FILED BY LIN AND LINDA NELSON (AB94- 459) 2. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION FILE NO. SHV 95 -0001, FILED BY MARGARET KLEIN (AB95 -215) 3. AN ORDINANCE REGARDING ESTABLISHING SPEED LIMITS ON ALL ROADS WITHIN THE PLATS OF PARADISE PARK, PARADISE PROPERTIES AND PLAT OF GREENBROOK (AB95 -420) (HEARING TO BE SCHEDULED) Regular Council Minutes, 10/17/95, Page 6 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 4. AN ORDINANCE REGARDING INSTALLING STOP SIGNS ON CERTAIN COUNTY ROADS IN THE NORTHERN PORTION OF THE BIRCH BAY COMMUNITY (AB95 -421) (HEARING TO BE SCHEDULED) 5. A DRAFT ORDINANCE GRANTING A 15 -YEAR FRANCHISE TO TCI CABLEVISION (AB95 -307A) (HEARING TO BE SCHEDULED) 6. ORDINANCE CLARIFYING PROCEDURES OF THE COUNCIL WHEN ACTING IN OTHER CAPACITIES (AB95 -414) (HEARING TO BE SCHEDULED) 7. ORDINANCE ELIMINATING THE CONSERVATION FUTURES PROPERTY TAX (AB95 -412) (HEARING TO BE SCHEDULED) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS . Budget Hearings (AB95- 276C): Starkenburg will look at changing the budget hearings for November 8, but this will be difficult due to previous notification of staff. Self -Help Homes (AB95 -426): Brenner requested the Council schedule a presentation by the director of Whatcom Self -Help Homes so they may apply for a block grant. She would like this scheduled at the next Council meeting (October 31) with possible action of a resolution. ADJOURN The meeting was adjourned at 8 p.m. t� Nadean Hanson, Recording Secretary These minutes were approved by the Council on November 21, , 1995. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Regular Council Minutes, 10/17/95, Page 7