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Home My WebLink AboutCounty Council May 7 1987WHATCOM COUNTY COUNCIL May 7, 1987 The meeting was called to order by Council Chair Burton at 7 :30 p.m. with all Council members present. The Council minutes of April 16, 1987 and April 23, 1987, and Committee of the Whole minutes of April 9, 1987 and April 23, 1987, were approved. NATIONAL LAW ENFORCEMENT WEEK PROCLAMATION Council Chair Burton read the proclamation designating May 10 to May 16, 1987 as Police Week in Whatcom County, and presented the proclamation to Undersheriff Douglas Gill. EXECUTIVE ITEMS FIRST QUARTER 1287 FINANCIAL REP Executive Van Zanten distributed and briefly discussed the report. BID AWARD REC -SIZE SEDANS T L CHAMBERS gHEVHQLET, FOR H CHEVRQLET CAMALIERS Al $8,259,94 EACH, FOR A TOTAL B INCLUDING SALES TAX 1 ' 1 1 t _ • _ 1 i • • ' ' • 1 • • C 11 '• • • • • iS(• • - 1 � • - - 1 1 1 L M. Warner reported that the Finance Committee recommended approval of all three bids. WARNER MOVED TO APPROVE THE THREE BIDS. The motion carried. i / i i ' 1 • 1 � • • � • • ' t ' i t • WHOM= '• i 11 i 1 L _L •' • 1•I 1• t L •' i 1• • • 1 1 1 / • 1 L i L L 1 J 1 1 � .. • � ' 11 .. •� i L I i 1 _.1 i 1 • 1 • 1 _ L • • . _ _ 1 ' L 1 MOM ME 1 1 ' 1 1 t _ • _ 1 i • • ' ' • 1 • • C 11 '• • • • • iS(• • - 1 � • - - 1 1 1 L M. Warner reported that the Finance Committee recommended approval of all three bids. WARNER MOVED TO APPROVE THE THREE BIDS. The motion carried. i / i i ' 1 • 1 � • • � • • ' t ' i t • WHOM= '• i 11 i 1 L _L •' • 1•I 1• t L •' i 1• • • 1 1 1 / • 1 L i L L 1 J May 7, 1987 Page 2 1 Lit •1L I L • • i 1• :_ • � i � L i • _ • ' • _ i _ 1 1 L _ 1 �( L _ j _ _ • i • 1. 1 1 • i • L _ • • 1 i • Warner explained that a question had been raised about the way the specifications for the two bids were written. The bids specified that the trucks have automatic transmission without overdrive, due to past maintenance problems caused by the overdrive. That requirement resulted in the exclusion of all GMC trucks from consideration. Hansey stated that new GMC models enable the trucks to be used without the overdrive, and distributed a letter from Jerry Chambers of Jerry Chambers Chevrolet explaining the design improvements in the newer models. There was further discussion on the subject. Warner reported that the Finance Committee had recommended that the bids be awarded as recommended, to the lowest responsive bidders. WARNER MOVED TO APPROVE THE BID AWARD RECOMMENDATIONS. There was discussion on the motion. Muenscher suggested separate votes on the two bids. Warner withdrew his motion. WARNER MOVED TO APPROVE THE BID AWARD RECOMMENDATION FOR TWO 3/4-TON PICKUP TRUCKS TO THE LOWEST RESPONSIVE BIDDER, BELLINGHAM CHRYSLER CENTER. HANSEY MOVED TO SUBSTITUTE A MOTION TO NOT AWARD EITHER OF THE TWO BIDS IN QUESTION, AND AUTHORIZE NEW BIDS SPECIFYING AUTOMATIC TRANSMISSION WITH OR WITHOUT OVERDRIVE. Warner withdrew his motion. There was discussion on Hansey's motion. Hansey's motion carried 4-3 (Burton, Muenscher, Roehl) on a roll -call vote. sm. 1 May 7, 1987 Page 3 !• i � � L i _ i � A � L • i� i_ • • __ L_ i L i u i l 1 l ! , ,•1 L _ _ Johnson reported that the Public Services Committee recommended approval of both applications. JOHNSON MOVED TO APPROVE BOTH LIQUOR LICENSE APPLICATIONS. The motion carried. X-ft0wiffam rd =014 Van Zanten distributed and briefly discussed a letter from Thomas Eaton of the Washington State Department of Ecology stating that the Department will not approve the County's Solid Waste Management Plan as it is written. Van Zanten distributed several pages of statistics on this subject. Van Zanten distributed copies of a petition from County employees protesting the current parking policy and requesting that the County provide free parking for all employees. OPEN SESSION Jim Rorabaugh Everson Read a statement protesting the ordinance which would assign 35 m.p.h. speed limits to all unposted County roads. John Tollefson Spoke against the 35 m.p.h. speed limit ordinance. Jim Rorabaugh Everson Said money should be spent on warning signs rather than new speed limit signs. 0 May 7, 1987 Page 4 Fred Chesterly 4502 Loomis Trail Protested Blaine Stable's requested rezone; stated that Planning staff's information on the issue was misleading and inaccurate; proposed rezone would threaten water supply. Me 1 MUNWIFTIMMUMI M, • • • i� _ i OF WASHINGTON ADMINISIRAJIVE CQDE The public hearing was opened. Dan Taylor Whatcom County Planning Director Briefly summarized the major content and purpose of the amendments. Randy Davis Washington State Department of Ecology Explained the purpose of the hearing and subsequent procedures which will be followed in the amendment process; said he will accept written testimony until May 13. Phyllis Graham Blaine Former chair of Whatcom County Shoreline Committee; submitted written testimony suggesting changes to various sections of the Amendments; expressed particular concerns about dredging, non- user permits, and use of vague terms in the Amendments. Lois Garlick Chuckanut Point Former member of Shoreline Committee; praised provisions for public access and protection of the accretion shoreform; criticized vague wording in some section of Amendments. Elsie Zarnowitz 1486 Oriental, Bellingham Supported concerns expressed by Phyllis Graham; believes language in conditional use permit section is too permissive; other language in the document is too vague. May 7, 1987 Page 5 Wayne Schwandt Fourth Corner Development Group Stated that non -user permit was important to promote predictability in development; indefinite terms such as "encouraged" or "should" are contained in policy rather than regulatory section of the document; the number of piers which could be built is very limited; the length of time a permit is valid is determined by state law. Mike McCable Lummi Indian Tribe Read statement from Vice Chair of the Lummi Indian Tribe; tribe has not been sufficiently involved by DOE in the review process; tribe is concerned about marine resources; they are against non- user permits and concerned about dredging as a conditional use. Stated the tribe could not accept the Amendments as their effect is to change zoning from conservancy to industrial, implying that industrial use takes priority over existing uses. There was no further testimony and the hearing was closed. The meeting Was recessed at 9:10 p.m. and reconvened at 9:22 p.m. With Burton, Hansey, Johnson, Muenscher, Roehl, and Warner present. ORDINANCE ES HINQ LITTER CONTROL H AREAS OF H C CQUNjX AND PROHIBIJING UNLAWFUL DEEOSI REFUSE QN PUBLIQ AND COUNTY EIGHT�-QF-WAX AND EASEMENTS The public hearing was opened; there was no testimony and the hearing was closed. Johnson reported that the Public Services Committee recommended adoption of the ordinance. JOHNSON MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. ORDINANCE COUNTY CQPE, CHAPTER 17, ENJITLED "FLOOD DAM G V N N" FOR THE U OS OE INCOREORAIING NEW FEDERAL FLOQD DAMAQE PREVENTION REGULATIONS AS REQUIRED BY JHE NATIQNAL FLOOD INSURANCE ,PROGRAM The public hearing was opened; there was no testimony and the hearing was closed. J May 7, 1987 Page 6 Warner reported that the Finance Committee recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Hawley returned to the meeting. Public Works Director Rushing requested two changes in the wording of the ordinance. On page 8 of the ordinance, line 17, he requested that the words "and the adjacent" be deleted and the word "or" substituted. On page 68, line 19, he requested that the word "any" be deleted and the phrase "more than one foot" substituted. WARNER AMENDED HIS MOTION TO ADOPT THE ORDINANCE TO INCLUDE THE REQUESTED CHANGES. The motion as amended carried ORDINANCE IN JUE MAITER OF is ' NQN—EX HANCHI5E PTx FQPERT�JdATER. D15TRI91 NQ., •E i EEBIOP OF _i' 0PURSUANT TO STATE e.l AND_-SECTION ! • OF 1 l.i. •M COUNTY HOME 340.1 Ine 1*8 '� • ••_ L' L 1 L L ' � i L 1 � !X3 WA I I i =-,I The public hearing was opened. Syd Wallace Pt. Roberts Water District 4 Commissioner Spoke in support of the ordinance. There was no further testimony and the hearing was closed. Johnson reported that the Public Services Committee recommended adoption of the ordinance. JOHNSON MOVED TO ADOPT THE ORDINANCE. There was discussion on the motion. The motion carried unanimously. � • 11 � 1 i � � 1 1 The public hearing was opened; there was no testimony and the hearing was closed. I May 7, 1987 Page 7 Muenscher reported that the Planning and Development Committee recommended approval of the request with the conditions recommended in Paul Rushing and Larry Stoner's memo of April 28, 1987. The memo suggested that prior to the final vacation of the lot line an amended or revised deed of trust be executed between the Findleys, Whatcom Land Title, and Cascade Savings and Loan Association, listing the legal description as "Lot 186/187, Div. 3, Sudden Valley" with reference to the lot line vacation action. MUENSCHER MOVED TO APPROVE WITH THE CONDITIONS SUGGESTED IN MEMO OF APRIL 28, 1987. The motion carried. THE REQUEST FOR LOT LINE ERASURE PAUL RUSHING AND LARRY STONER'S I► A I� � + \ i L i � I i 1 I � The public hearing was opened. Dick Nolan Gray Realty (Representing Steven Globerman) Requested and received clarification concerning the recommended conditions for the lot line erasure. There was no further testimony and the hearing was closed. Muenscher reported that the Planning and Development Committee recommended approval of the request for lot line erasure with the conditions recommended in Paul Rushing and Larry Stoner's memo of April 28, 1987. The memo suggested that prior to the final vacation of the lot line, the legal description on the deed of trust (AF #1567323) between Mr. Globerman, Ticor Title Insurance Company, and Mr. and Mrs. Peter Becker, Jr., be amended to read: "Lot 58/59, Sudden Valley, Division No. 27, according to the plat thereof, recorded in Volume 12 of Plats, pages 27 through 29, Records of Whatcom County, and according to Petition for Lot Line Vacation as ordered and approved by the Whatcom County Council on May 7, 1987." MUENSCHER MOVED TO APPROVE WITH THE CONDITIONS SUGGESTED IN MEMO OF APRIL 28, 1987. The motion carried. THE REQUEST FOR LOT LINE ERASURE PAUL RUSHING AND LARRY STONER'S May 7, 1987 Page 8 !_ 6 i _ _ i 1V #C1J1Kff=iI*11_!RIJ- !MIMMOI Gll1!!i[ � ORDINANCE AMENDING WHATCOM COUNTY CODE I ILE 10 TQ ESTABLISH SPEED S EER.HOUR ON LL QOUNTY COUNTY ROADS EXCEPT kjHERE OTHERWISE POSTED Johnson reported that the Public Services Committee recommended adoption of the substitute ordinance. JOHNSON MOVED TO ADOPT THE SUBSTITUTE ORDINANCE. HANSEY MOVED TO AMEND TO MOTION TO ADD TO THE ORDINANCE THE FOLLOWING LANGUAGE, "BE IT FURTHER ORDAINED THAT THE EFFECTIVE DATE OF THIS ORDINANCE IS JULY 1, 1987.1' The motion to amend carried unanimously on a roll call vote. There was further discussion on the main motion. The main motion as amended carried 5 -2 (Muenscher, Roehl). 01HER BUSINESS BID AWARD FOR THE OFFICIAL, COUNTY NEWSPAPER Warner reported that this item had been held in the Finance Committee. CONSIDERATION U DISMISS THE APPEAL OF B OUTDOOR ADVERTISING ROEHL MOVED TO APPROVE THE REQUEST TO DISMISS THE APPEAL. The motion carried. REgUEST FOR LOT E ERASURE BETWEEN LOTS 71 AND 2 DIVISION PLAT.OF SUDDEN VALLEY, FILED BY STEPHEN SHIRELING The request was received by consent, to be scheduled for a hearing and referred to the Planning and Development Committee. OPEN SPACE AEELICATION FILED BY BENEFICIAL EIN C OF WASHINGTQN The application was received by consent and referred to the Planning Commission. INTRODUCTION QE RESOLUTIONS AND ORDINANCES RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE SUDDEN VALLEY LOTS May 7, 1987 Page 9 Warner reported that the Finance Committee recommended approval of the resolution. WARNER MOVED TO APPROVE THE RESOLUTION. The motion carried. _I _ M-9 10 Warner reported that the Finance Committee recommended approval of the resolution. WARNER MOVED TO APPROVE THE RESOLUTION. The motion carried. ORDINANCE N C U APPRQXIMAJELX 106 ACRES QE A 179-ACRE PARQEL IN THE AIRCH BAX- BLAINE SUB H 13AY PLAN) 0 RURAL CQMPREHENSIVE PLAN) The ordinance was received by consent and referred to the Planning and Development Committee. REPONTS AND 01HER 11EU FROM COUNCIL MEMBERS APPOINTMENJ TO HEALTH BOARD, Burton acknowledged Johnson's resignation from the Health Board. JOHNSON MOVED TO REAPPOINT HANSEY TO THE HEALTH BOARD. The motion carried. WARNER MOVED TO REQUEST THE EXECUTIVE TO ADOPT A POLICY REQUIRING ALL FULL -TIME EMPLOYEES TO PAY FOR THEIR PARKING, AND THAT SUCH PAYMENT SHALL NOT BE MADE FROM DEPARTMENT FUNDS. There was discussion on the motion. HANSEY MOVED TO REFER THE MATTER TO THE FINANCE COMMITTEE FOR FURTHER CONSIDERATION. There was further discussion. The motion to refer the issue to the Finance Committee carried. B May 7, 1987 Page 10 The meeting was recessed into executive session at 10:25 p.m. for discussion of labor negotiations, reconvened into open session and adjourned at 10:45 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Tom Burton, Chair ATTEST: L,,,,, , -, . . 17, - Carol Ebergson Clerk of the Council