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HomeMy WebLinkAboutCounty Council November 5 1987The meeting Chair Burton wit APPROVAL OF MINU' The minutes October 2.2, 1987 SPECIAL ORDER OF WHATCOM COUNTY COUNCIL November 5, 1987 was called to order at 7:00 p.m. by Council i all Council members present. of the Council meetings of October 15, 1987 and were approved. BUSINESS Councilman C.J. "Corky" Johnson showed slides of his trip to the Soviet Union to meet with Soviet government officials. The meeting was recessed at 7:30 p.m., and reconvened at 7:35 p.m. PRESENTATION BY NOMINEES FOR 40TH LEGISLATIVE DISTRICT VACAN9 Jamie Beletz, Jim Fox, and Vince Sellen, the candidates nominated to replace Pat McMullen in the State House of Representatives, spoke briefly on the qualifications for the position. EXECUTIVE ITEMS REQUEST FOR APPROVAL OF BIDDERS LIST FOR THE SUPPLY OF CONCRETE CULVERT IN 1988, ESTIMATED AT $30,000 10 $40,000 Warner reported that the Finance Committee recommended approval of the request. WARNER MOVED TO APPROVE THE BIDDERS LIST. The motion carried. Warner reported that the Finance Committee recommended approval of the bid award. WARNER MOVED TO APPROVE THE BID AWARD. The motion carried. November 5, 1987 Page 2 REQUEST FOR APPROVAL OF BIDDERS LIST FOR THE SUPPLY OF TRAFFIC CONTROL SIGNS FOR 3988 F R AN.AMOUNJ ESTIMATED TO EXCEED 130,000 Warner reported that the Finance Committee recommended approval of the request. WARNER MOVED TO APPROVE THE BIDDERS LIST. The motion carried. Warner reported that the Finance Committee recommended approval of the request. WARNER MOVED TO APPROVE THE BIDDERS LIST. The motion carried. BID AWARD RECOMMENDATION FOR SOFTWARE FOR WORKERS COMPENSATION PROGRAM TO RICON INC., FOR THEIR RISKPAC PRO RAM AT A TOTAL TWO - YEAR COST OF $11,40Q PLUS SALES TAX This item was added to the agenda. Warner reported that the Finance Committee recommended approval of the bid award. WARNER MOVED TO APPROVE THE BID AWARD. The motion carried. NEW APPLICATION FOR A CLASS A.C.F LIQUOR LICENSE BY JOSEF LUDWIG, BRIAN LEE OIKELLY. AND ELVIRA LUDWIG FOR THE BAVARIAN HAUS, 4739 GUIDE MERIDIAN ROAD. BELLINGHAM, WASHINGTON Johnson reported that the Public Services Committee recommended approval of the application. JOHNSON MOVED TO APPROVE THE APPLICATION. The motion carried. REPORT OF THE EXECUTIVE Executive Van Zanten distributed the report to the Council and was joined by Council Chair Burton in commending Public Works and Engineering for their excellent work during the past construction season. November 5, 1987 Page 3 The Executive reported on repairs to damage of the pilings of the Lummi Island ferry dock. Mel R Van Zanten reported that James Smith, the new appointee to the position of Superior Court Clerk, would not be taking the job because of his wife's illness, and that N.F. Jackson would temporarily assume the duties of Superior Court Clerk. HEARINGS HEARING ON THE WHATCOM COUNTY EXECUTIVE'S 1988 PROPOSED BUDGET The public hearing on the budget was opened. Executive Van Zanten briefly reviewed her proposed budget, and Finance Committee Chair Warner reported that the Finance Committee was holding working sessions and meeting with department heads on the proposed budget. Jon Ostlund Public Defender Testified that he had requested an additional attorney, secretary, and investigator for 1988; from 1983 -1987 the Public Defender's Office caseload has increased 60 %; cases are coming in faster than they are being cleared up; because of the load the investigator is not able to prepare cases in a timely fashion; they have had to hire a 1/2 -time extra worker this year in order to keep up with the clerical work. Louise Greer 5635 Hannegan Road, Bellingham President of Geological Society; urged that Council ensure the security and preservation of records stored in Auditor's Office; suggested use of microfilm to preserve the records; volunteers could do the microfilming if equipment were provided. Warner explained that the Council has taken initial steps towards a microfilm program. Virginia Cooley 215 Ashley St. Asked if the sixth floor of the Courthouse could be remodeled, rather than spending the money to construct a new Juvenile Detention facility. Roehl explained that this option had been studied and was not feasible for a number of reasons. November 5, 1987 Page 4 John Komorowski Public Defender's Office Stated that criminal justice system will continue to consume more and more public money; Council must determine the extent to which it wishes to prosecute law violations; funds could be spent in other ways to increase quality of life and decrease crime; only way to get a grip on criminal justice system is to cut into the source (the number of cases filed). There was no further testimony and the public hearing was closed. PROPOSED WHATCOM .CO.UNTY.ROAD, IMPROVEMENT DISTRICT NQ, 7 (EMERALD LAKE LIGHTING DISTRICT) County Engineer Ed Henken reviewed the proposed district and assessment rates. The public hearing on the proposed district was opened. Mike Webb 1645 Emerald Lake Way President of Emerald Lake for safety and quality of for a lighting district; types of lights and their Dirk Visser Emerald Lake resident Property Owners Association; concerns life prompted the residents' proposal residents would like to have input into locations. Some people in area live there because it is different from the city; they want to retain the country atmosphere rather than move towards an urban environment; do not want same lighting system as was previously installed; want better system which won't detract from the quality and character of the area; urged attention to interests of those who want a more sensitive approach to the lighting issue. There was no further testimony and the hearing was closed. The ordinance to create the district was scheduled for Council consideration on November 19, 1987. November 5, 1987 Page 5 ORDINANCE OF THE COUNTY COUNCIL OF WHATCOM COUNTY, WASHINGTQN CONFIRMING THE 1987 -88 .ASSESSMENT ROLL FOR ROAD IMPROVEMENT DISTRICT NO, 8 AND CERTIFYING THE SAME TO 'HE COUNTY TREASURE FOR COLLECTION The public hearing on the ordinance was opened; there was no testimony and the hearing was closed. ORDINANCE OF THE COUNTY COUNCIL OF WHATCOM COUNTY, WASHINGTON CONFIRMING THE FINAL ASSESSMENT ROLL FOR LOCAL AND ROAD IMPROVEMENT DISTRICT. N0. 9 AND CERTIFYING THE SAME TO THE COUNTY TREASURER FOR COLLECTION The public hearing on the ordinance was opened; there was no testimony and the hearing was closed. ORDINANCE ADOPTING A 1987 BUDGE) FOR THE LOCAL AND ROAD IMPROVEMENT DISTRICT NO. 9 FUND This ordinance was withdrawn. ORDINANCE AMENDING THE RESORT COMMERCIAL DISTRICT 29,64, AND ADOPTINQ THE QATEWAX INDUSTRIAL DI TRICT 2Q.65, INTO TITLE 20 THE OFFICIAL WHATCOM.COUNTY. ZONING ORDINANCE; ADOPTING JITLE 20 FOR .THE GEOGRAPHIC AREA KNOWN AS THE BIRCH BAY - BLAINE SUBAREA 0E WHATCOM COUNTY; AND ADOPTING THE BIRCH BAY - BLAINE COMPREHENSIVE PLAN The public hearing on the proposed Gateway Industrial district and the provision of sewer and water service by Water District 8 before amending the comprehensive plan and zoning for industrial use in the area north of Bay Road between the Interstate and Blaine Road was opened. Diane Harper of the Planning Department presented several changes proposed by the Planning staff which would address concerns raised by property owners and the Council. Included were changes in the required purveyor of water and sewer services in Rural areas which may be amended to Light Impact Industrial or Gateway Industrial; the percentages of open space required, regulations governing wall signs and landscaping, and a prohibition of off -site drainage of water -borne or liquid pollutants in the Gateway Industrial District; and an extension of the Gateway Industrial District requested by a property owner. James Zervais 305 Flora St. Representing Gateway Industrial District property owner Raoul Marquis; spoke in favor of his client's request for an extension of the Gateway Industrial District. November 5, 1987 Page 6 There was no further testimony and the hearing was closed. Muenscher reported that the Planning and Development Committee recommended approval of the Planning staff's recommended changes. MUENSCHER MOVED TO ADOPT THE ORDINANCE WITH THE PLANNING STAFF'S RECOMMENDED CHANGES. The motion carried unanimously. ORDINANCE IN THE MATTER OF AMENDING ORDINANCE 87 -24, AN ORDINANCE ESTABLISHING LITTER CONTROL WITHIN THE UNINCQRPORATED AREAS OF WHATCOM COUNTY AND PROHIBITING UNLAWFUL DEPOSIT OF REFUSE QN PUBLIC AND PRIVATE PROPERTY AND COUNTY RIGHTS -OF -WAY AND EASEMENTS. AMENDING .SECTION .2E AND ADDING A NEW PARAGRAPH TO SECTION 8 The public hearing on the ordinance was opened. Reg Williams 2636 Franklin, Bellingham Asked if ordinance would force a property owner to clean up his property even if the refuse had been dumped by someone else. Council attorney Randy Watts stated that the ordinance would allow the County to seek compliance no matter where the refuse had come from, but the cleanup would have to be carried out by the property owner rather than the County. John Richey 3600 McAlpine Road, Bellingham Asked who would make the decision that an automobile is a "junk" car as opposed to parts cars used by antique car buffs. This issue was discussed and it was concluded that the ordinance was not completely clear on this point. Lena Sunderman Stated that automobiles should not be classified as refuse when people have them on their private property. There was no further testimony and the hearing was closed. HANSEY MOVED TO REFER THE ORDINANCE BACK TO THE PUBLIC SERVICES COMMITTEE FOR FURTHER CONSIDERATION. The motion carried. November 5, 1987 Page 7 The meeting was recessed at 9:10 p.m., and reconvened at 9 :20 p.m. OPEN SESSSIQ Bill Thompson 1017 Queen St. Stated that ORV users still need a place to ride. FINAL CONSIDERATION OF.RESOLUTIONS.AND.QRDINANCES ORDINANCE CREAJINQ WHA C M C UN Y ROAD IMPROVEMENT DIS RIC N R STREEI LICaHTINQ MAINIENANQE, LAND5CAPING MAINTENANQE AND S ORM DETENTION FACIL I S MAINTENANCE-IN THE AREA KNQWN AS CORDATA IN WHATCOM COUNTY, WASHINGTON Executive Van Zanten reviewed for the Council all of the RID ordinances. Warner reported that the Finance Committee recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. ORDINANCE OF THE COUNTY COUNCIL OF WHATCOM COUNTY WASHINGTON CONFIRMING THE 1987 -88 ASSESSMENT ROLL FOR ROAD IMPROVEMM DISTRICI NO, 8 AND CEHJIFYINQ HE SA E TQ IHE C UN Y IREASURE FOR COLLECTION Warner reported that the Finance Committee recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. ORDINANCE CREAJINQ WHA C M NT.Y L CAL AND ROAD IMPR VEM N DISTRICT NO.. 9 FOR INFRASIRUCIURE IMPRO EMENTS INCLUDING ROAD AND WA ER AND EWER INSIALLAIION,WITHIN THE AREA KNOWN AS. CO DA A BUSINESS PARK IN WHA. COM CQUNIX,.WASHINGTON AND IN PART IN THE CITY OF BELLINGHAM Warner reported that the Finance Committee recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. November 5, 1987 Page 8 ORDINANCE OF THE COUNTY COUNCIL OF WHATCOM COUNTY, WASHINGTQN CONFIRMING THE FINAL ASSESSMENT ROLL FOR LOCAL AND ROAD IMPROVEMENT DISTRICT NO, 9 AND CERTIFYING THE SAME TO THE COUNTY TREASURER FOR COLLECTION Warner reported that the Finance Committee recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. ORDINANCE DIRECTTNQ THE US 9.9F PROCEEDS OF CERTAIN CERB LQAN5 IQ PAY COSTS INCURRED WITHIN LOCAL AND ROAD IMPROVEMENT DISTRICT NO, 9 AND PROVIDING FOR THE REIMBURSEMENT OF SUCH COSTS FROM ASSESSMENTS LEVIED WI H LOCAL AND ROAD IMPROVEMENT DISTRICT NO Warner reported that the Finance Committee recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. ORDINANCE AMENDING THE 1979.POINT ROBERTS SUBAREA COMPREHENSIVE PLAN MAP AND TEXT FOR TWO.PARCELS TOTALING APPROXIMATELY, 4,72 ACRES LOCATED ON.MARINE DRIVE NORTH OF LIGHTHOUSE.PARK.FRO.M RESIDENTIAL LOW DENSITY TO RESQRI COMMERCIAL Muenscher reported that the Planning and Development Committee recommended adoption of the ordinance. MUENSCHER MOVED TO ADOPT THE ORDINANCE. There was discussion on the motion. The motion carried 6 -1 (Roehl). 01HER BUSINESS PETITION REQUESTING.VACATION OF A PORTION OF AN UNNAMED. RQAD BOUNDED BY LOTS 55. 56, AND.57, EXTENDING FROM CAMP 2 ROAD BETWEEN LOTS 5.4 AND 59, PLAT OF CAIN LAKE, BLK, 1, FILED.BY MILDRED VILLANI Muenscher reported that the Planning and Development Committee had reviewed with the Engineer the formula for assessing the fair market value of the property in question, which the Engineer had set at $4218. November 5, 1987 Page 9 He explained that although the Committee had not found any public benefit which would justify a reduced assessment, because a portion of the roadway was on a steep unbuildable slope the Committee recommended that the assessment be reduced by 20 %, leaving a balance of $3,360. MUENSCHER MOVED TO APPROVE THE VACATION WITH AN AMENDED FAIR MARKET VALUE OF $3,360. There was discussion on the motion. The motion carried. REQUEST FOR RECONSIDERATION OF REMAND. OF APPEAL OF HEARING EXAMINER'S DECISION ON C.U. 29 -87, FILED'BY ARCQ P9JRQLEUM HEARING EXAMINER'S FINDINGS ON REMAND ORDER, ZONING CONDITIONAL USE PERMIT APPLICATION OF ARCO PETROLEUM PRODUCTS CQ., .C,U, 2g- $7.,— V 9 _ 8,3 Council Attorney Randy Watts advised that, because the Hearing Examiner had held the hearing on the remand order and issued his findings, the Council consider both items simultaneously. Watts stated that it was his opinion that the Hearing Examiner's findings on remand had cured the error of law for which his previous decision was reversed, and were supported both by the record and by the zoning ordinance. WARNER MOVED TO CONFIRM THE HEARING EXAMINER'S DECISION ON REMAND. There was discussion on the motion. The motion carried 5 -2 (Hansey, Muenscher). APPEAL OF HEARING EXAMINER'S DECISION ON CONDITIONAL USE PERMT 3,7 -87_, FILED BY NATE KRONENBERG AND JIM SC.HUSTER Council Attorney Watts advised that he did not believe that the Hearing Examiner' findings contained an error of fact or of law, and that he believed the decision was supported by the record. WARNER MOVED TO CONFIRM THE HEARING EXAMINER'S DECISION. There was discussion on the motion. The motion carried. November 5, 1987 Page 10 APPOINTMENT QF ADVISORY COMMITTEE FOR SUMAS.RIVER FLOOD CONTROL ZQNE DISTRICT Johnson reported that the Public Services Committee recommended that the Council appoint a five - members Advisory Committee for the Sumas River Flood Control District Zone. JOHNSON MOVED TO APPOINT GERRIT FEENSTRA, SYBREN LAUTENBACH, FRED NOWICKE, HARRY PELLBOER, AND TOM THORNTON TO THE ADVISORY COMMITTEE. There was discussion on the motion. The motion carried. ANNOUNCEMENT OF VACANCIES ON BOARDS AND COMMISSION Hansey announced that there was one upcoming vacancy on the Board of Equalization, one on the District Board of Health, two on the Open Space Advisory Committee, and two on the Planning Commission. He explained that the Council would nominate appointees at its meeting of November 19, 1987, and vote on the appointments at the meeting of December 3, 1987. INTRODUCTION OF RESOLUTIONa AND ORDINANQES RESOLUTION IN THE MATTER OF ESTABLISHING A COUNTY POLICY ON GRAVEL ROAD CONVERSIONS. BITUMINOUS SURFACE TREATMENT Johnson reported that the Public Services Committee recommended approval of the resolution. JOHNSON MOVED TO APPROVE THE RESOLUTION. The motion carried. RESOLD ON AU H R Z NG THE EXECUTION F AN IN ERLOCAL AgiREEMEN FOR A MULTI-JURISDICIIQNAL TASK FOR E TQ C NTROL NARCO ICS Warner explained the resolution and reported that the Finance Committee recommended its approval. WARNER MOVED TO APPROVE THE RESOLUTION. HANSEY MOVED TO AMEND THE RESOLUTION BY ADDING THE STATEMENT: "UPON TERMINATION OF THE GRANT FUNDING FOR THIS PROGRAM, ALL NEW POSITIONS ADDED WILL ALSO TERMINATE." The motion to amend carried. November 5, 1987 Page 11 The main motion as amended carried. R SOLU I N IN J.HE MAIJER OE PL.ICA I N TQ THE SECRETARY O.F.TH INJERIQR F R AN CURIN NS .ER OF.R AL EROPERTY.OWNED BY IHE UNITED S AT M RE Q.O.MMONLY KN WN AS BLAINE.AIR FORCE S A I N TO WHA C M COUNTY AND I.V G... HE PARK. IREC OR THE AUTHORI Y TO PERFORM ALL DUTIES IN THE ACQUISITION N.D.MAINTENANCE OF.SAID PROPERTY Warner explained the resolution and reported that the Finance Committee recommended its approval. WARNER MOVED TO APPROVE THE RESOLUTION. The motion carried. RES LU I N APQPIINQ 1HE-SIX.-YEAR PHYSICAL PLANI PLAN AND.FACILI IES CAPI AL IMPROMEMENI PR RAM RE A ING. BUILDINGS AN .FACIE TIES FOR WHATCOM COUNJY,.WASHING1ON The resolution was introduced by consent and referred to the Public Services and Finance Committees. ORDINANC R G IHE MATTER QF PLACINQ SJOE SIGNS QN BAY.ROAD ALDERGROVE ROAD, KICKERVILLE.ROAD. LAWRENCE ROAD, ALDERSON ROAD AND BIRCH BAY P.RIV, The ordinance was introduced by consent, to be scheduled for a hearing and referred to the Public Services Committee. ES ION ADQPTINQ JHE WHA C M QQUNTY 1988 ROAD CQNSTRUCJIQ PRQGRAM ORDINANCE CREATINQ WHA C M C UNTY IMPROVEMENT DISIRICI NO 0 STREEI LIGHTING MAINJENANCE IN THE AREA KNOWN AS EMERALD LAKE I WHAICOM COUNTY,; WASHINQJO.N ORDINANCE AMENDINQ QRPINANCE NO-85-.3, AN ORDINANCE ESTABLISHING THE OFFICE OF THE COUNTY.FIRE MARSHAL AS A FUNCTION OF THE DEPARTMENT OF P.UBLIC.WORKS AND PROVIDING FOR ARSON AND FIRE IN E IGA ION AS A FUNCIIQN OF IHE SHERIFF'S D PAR .MEN AMENDING WHATCOM COUNTY CO.DE.. CHAPTER .2.04... SECTION .2,04,.02QA, AND REPEALING SECTION 2, PARAGRAPHS,6, 7, 8 ANP 4 The resolution and ordinances were introduced by consent and referred to the Public Services Committee. November 5, 1987 Page 12 RESOLUTION IN THE MATTER.OF ADOPTING A SALARY SCHEDULE FOR THE UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE YEAR. 1988 RESOLUJION IN THE MA TIER OF ADOPTING THE SALARY SCHEDULE FOR TH UNREPRESENTED EMPLOYEES OF NOR -BELL NURSING HOME FOR THE YEAR 1988 ORDINANCE IN THE MATTER OF ESTABLISHING A DEPARTMENT QF COMBINED TREATMENT SERVICES AND REPEALING WHATCOM COUNTY CODE 2,18 AND 2,46 ORDINANCE TO ESTABLISH THE WHATCOM COUNTY INFORMATION SERMICES FUND AND REPEALING CHAPTER 2.10 OF THE WHATCOM COUNTY CODE ORDINANCE TO TRANSFER MONIES FROM THE COMMUNITY DEVELOPMEN1 FUND TO THE PHYSICAL PLANT AND CAPITAL FACILITIES FUND ORDINANCE TO PROVIDE FOR THE RETENTION OF INTEREST EARNINGS IN THE TORT CLAIMS FUND ORDINANCE TO TERMINATE CERTAIN COUNTY FUNDS AND TO PROVIDE FO THE DISPOSITION OF THEIR ASSETS OF CERTAIN FUNDS THEREIN (scheduled for hearing 11/19/87 The above resolutions and ordinances were introduced by consent and referred to the Finance Committee. The meeting was adjourned at 10 :20 p.m. ATTEST: N Clerk of the Council ' WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Tom Burton, Chair