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HomeMy WebLinkAboutCounty Council December 4 1986WHATCOM COUNTY COUNCIL December 4, 1986 The meeting was called to order at 7:31 p.m. with all Council members present. The minutes of November 20, 1986 were approved. � � i�1 � � X11- ► 4 ' •i • Shirley Van Zanten explained the transfer. Roehl reported that the Finance Committee recommended approval of the transfer. ROEHL MOVED TO APPROVE THE TRANSFER. The motion carried. • i 'i�' �• 1 1 s► •� 1 i �. i 1 • 11�.t � i s' • s e + 11 3. Shirley Van Zanten explained the recommendation. ROEHL MOVED TO APPROVE THE BIDDERS' LIST. Roehl reported that the Finance Committee recommended approval of the list. The motion carried. Shirley Van Zanten explained the request. ROEHL MOVED TO APPROVE THE BIDDERS' LIST. Roehl reported that the Finance Committee recommended approval of the list. There was discussion on the motion. The motion carried. December 4, 1986 Page 2 t COLD ASPHALTIC MIXES DURING 1987 Shirley Van Zanten explained the request. ROEHL MOVED TO APPROVE THE BIDDERS' LIST. Roehl reported that the Finance Committee recommended approval of the list. The motion carried. REQUEST FOR APPROVAL TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH SIMMERS, AYRES AND WALKER COLLECTIVELY, AND BOBBINK, INDIVIDUALLY, FOR SUPERIOR AND DISTRICT COURT CONFLICT CASES WHICH ARE CONFLICT OF INTEREST CASES FOR THE PUBLIC DEFENDER Shirley Van Zanten explained the contract, and distributed copies of a memo from the Assigned Counsel Administrator containing information requested by the Finance Committee about previous contracts and payments. Roehl explained that because one of the bidders was an employee of his law firm he had abstained from participation in the decision. Warner reported that the Finance Committee recommended approval of the contract. WARNER MOVED TO APPROVE THE CONTRACT. There was discussion on the motion. The motion carried. •'y 1 1 ' :•�1 ;•y � • �' OA M FA VAF&.*JfM • i• 1 1 •'y 1 : :I�jl �•y December 4, 1986 Page 3 APPOINTMENT OF CATHY SILINS TO THE DEVELOPMENTAL DISABILITIES BOARD EFFECTIVE IMMEDIATELY TO 12/31/87, COMPLETING THE TERM OF EVA HUNTER WHO RELOCATED OUTSIDE WHATCOM COUNTY APPOINTMENT OF GALE RICHENDRFER TO THE DEVELOPMENTAL DISABILITIES BOARD, EFFECTIVE IMMEDIATELY TO 12/31/88, TO COMPLETE THE TERM OF STAN BECHTOL WHO RELOCATED OUTSIDE WHATCOM COUNTY Shirley Van Zanten presented the list of six recommended appointments to the Developmental Disabilities Board. MUENSCHER MOVED TO CONFIRM THE SIX APPOINTMENTS TO THE DEVELOPMENTAL DISABILITIES BOARD. The motion carried. Shirley Van Zanten presented the recommended appointment, and explained the procedure used to select Parks and Recreation Board members. WARNER MOVED TO CONFIRM THE APPOINTMENT OF LESLIE B. CLARK TO THE PARKS AND RECREATION BOARD. The motion carried. Shirley Van Zanten distributed information to the Council concerning the Department of Ecology's proposed amendments to Washington State's dangerous waste regulations. She said that the standards being considered at this time are temporary, and that the permanent standards, which are of greater concern to the County, will be developed next year. Van Zanten and Council Attorney Randy Watts suggested that the County will need representation by someone qualified to give technical testimony, in order to substantiate the County's concerns, to the Committee which will develop the permanent standards. Van Zanten said that she would look into the feasibility of hiring a technical expert and report back to the Council. No one spoke at Open Session. December 4, 1986 Page 4 HEARINGS ORDINANCE REGARDING THE PLACING OF STOP SIGNS AT THE INTERSECTION OF SEMIAHMOO PARKWAY /LINCOLN ROAD AND SHINTAFFER ROAD Hansey opened the public hearing on the ordinance; 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. Hansey opened the public hearing on the ordinance; 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. Hansey opened the public hearing on the petition; there was no testimony and the hearing was closed. Muenscher reported that the Planning and Development Committee recommended approval of the petition. MUENSCHER MOVED TO APPROVE THE PETITION. The motion carried. Ilk Hansey opened the public hearing on the petition; there was no testimony and the hearing was closed. Muenscher reported that the Planning and Development Committee recommended approval of the petition. December 4, 1986 Page 5 MUENSCHER MOVED TO APPROVE THE PETITION. The motion carried. Hansey opened the public hearing on the petition; there was no testimony and the hearing was closed. Muenscher reported that the Planning and Development Committee recommended approval of the petition. MUENSCHER MOVED TO APPROVE THE PETITION. The motion carried. ail � Y l/ � ■ i�.41 i_� �;i � �Y'i : 1_ l . �. �sl_\ :l � Y�llf7F��I��: � i•: �Y � \ �l_1 ail i:l��_ Hansey explained that a public hearing was being conducted on the two ordinances because all neighboring property owners did not receive the courtesy notification of the Planning Commission's hearing on the rezone application. Hansey opened the public hearing. Daniel Taylor, Director Land Use and Economic Planning Explained the rezone application and pointed out the area on the map; ordinances should read "northwest of the interchange of Northwest Road and Interstate 5," rather than northeast. Robert Tull Attorney for applicant Jerry Chambers Discussed the application and how his client planned to address the issues involved. Darrell Oberg 4050 Northwest Ave. Stated that traffic problem already exists on Northwest Ave.; presented newspaper article citing safety concerns about Northwest Ave. freeway interchange. December 4, 1986 Page 6 Normadell Doubt 679 Kirkview Discussed accidents which have occurred at Sterling Drive and Northwest Ave.; stated that property in question has a good view and would be best used as a residential area; car dealership would have a negative cosmetic effect on neighborhood. Norman Kerr 4063 Northwest Ave. Traffic will be a major problem; if the business is approved it should be required to pay for a left -turn lane. Rans Wise 4043 Northwest Ave. Proposed rezone is an instance of spot zoning; will squeeze residents out of the area; other businesses which have located in that area have gone out of business. Fil Leanderson 4030 Northwest Ave. Area is essentially residential in nature whatever the zoning classification; traffic problems in area worsening steadily; lighting from the business will be a nuisance; interests of area residents should be taken into consideration as well as tax revenues. Cindy Wouters 3928 Northwest Ave. Displayed map demonstrating potential traffic hazards and congestion; a business with less traffic impact would be better for the neighborhood; family has owned home in that area 37 years, other residents average 22 years. Peg Deger 4016 Northwest Ave. Stated that area residents should have rights; possible airport expansion already a negative factor; residents being squeezed out; car lot will devalue her property and increase traffic problems. Ted Sealey 3870 Northwest Irreversible traffic problem will occur if business is established at that location. December 4, 1986 Page 7 Peggy Hinton Planning Commission Chair Stated that she was comfortable with the Planning Commission's recommendation to approve the rezone; approved of Council's decision to hold a public hearing although only one area resident had not been notified of the Planning Commission hearing; topics discussed by opponents had already been considered by the Planning Commission; the area in question was projected for development. Shirley Van Zanten County Executive Explained that the State has agreed to do a study of all three interchanges on the north side of the city before closing the Northwest Ave. interchange; study will begin in July 1987 Dick Jacobson Local Realtor Stated he believed property values would increase as a result of the rezone. Robert Tull Attorney for applicant Jerry Chambers Stated that he did not believe area residents would have to bear any of the costs for sewer installation for the business; traffic concerns will be addressed by various permits the business will have to obtain prior,to locating at the site. Normadell Doubt 679 Kirkview Stated that area should be rezoned residential. Cindy Wouters 3928 Northwest Ave. Said she was not the only person not notified by the Planning Commission; she knew of at least one other resident who had not received the notice. There was no further testimony and the public hearing was closed. Muenscher reported that the Planning and Development Committee had not made a recommendation on the ordinances because they met prior to the public hearing. December 4, 1986 Page 8 MUENSCHER MOVED TO ADOPT THE ORDINANCE AMENDING THE URBAN FRINGE SUBAREA COMPREHENSIVE PLAN MAP FROM LIGHT INDUSTRIAL PARK TO GENERAL COMMERCIAL FOR A 4.16 ACRE PARCEL. There was discussion on the motion. The motion carried unanimously. MUENSCHER MOVED TO ADOPT THE ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE MAP FOR A 4.16 ACRE PARCEL IN THE URBAN FRINGE SUBAREA FROM LIGHT IMPACT INDUSTRIAL TO GENERAL COMMERCIAL. The motion carried unanimously. The meeting Was recessed to Executive Session at 9:12 p.m. for discussion of personnel matters, and reconvened at 10:00 p.m. OTHER BUSINESS APPOINTMENT OF TREASURER Warner explained that the committee to screen applicants for the Treasurer's position, of which he was the chair, had narrowed the list of applicants to two candidates. He placed in nomination the names of Barbara Cory of the Whatcom County Treasurer's Office and Robert Jordan of the City Finance Department. A roll call vote, with each Council member naming the candidate of his choice, resulted in four votes for Jordan (Hansey, Muenscher, Roehl, Warner) and three for Cory (Burton, Hawley, Johnson). Robert Jordan was appointed to fill the unexpired term of County Treasurer Landy Bowen, scheduled to retire December 31, 1986. FINAL CONSIDERATION ORDINANCE TO REVISE THE 1986 CURRENT EXPENSE FUND, COUNTY EXECUTIVE BUDGET THEREIN ROEHL MOVED TO ADOPT THE ORDINANCE. Roehl explained the ordinance and reported that the Finance Committee recommended its adoption. The motion carried unanimously. ORDINANCE ESTABLISHING NOR -BELL NURSING HOME AS AN EXECUTIVE DEPARTMENT OF WHATCOM COUNTY ROEHL MOVED TO ADOPT THE ORDINANCE. December 4, 1986 Page 9 ROEHL MOVED TO AMEND THE ORDINANCE TO CHANGE THE NAME "NURSING HOME" TO "CARE CENTER" WHEREVER IT APPEARS IN THE ORDINANCE. The motion carried. ROEHL MOVED TO AMEND THE ORDINANCE IN SECTION 2.22A.220 TO STATE THAT "THE MEMBERS OF THE ADVISORY BOARD SHALL INITIALLY MEET AT THE CALL OF THE ADMINISTRATOR WITHIN THIRTY (30) DAYS OF APPOINTMENT, AND SUBSEQUENTLY AT THE CALL OF THE ADMINISTRATOR OR THE BOARD PRESIDENT OR HIS OR HER DESIGNEE." The motion carried. ROEHL MOVED TO INCLUDE IN THE ORDINANCE THE STATEMENT THAT IIALL CONTRACTS, AGREEMENTS, RIGHTS, CLAIMS, AND OBLIGATIONS, EITHER IN FAVOR OF NOR -BELL NURSING HOME OR AGAINST IT AT THE TIME THIS ORDINANCE TAKES EFFECT SHALL CONTINUE IN FULL FORCE AND EFFECT." The motion carried. Roehl explained the ordinance and reported that the Finance Committee recommended its adoption. There was discussion about the ordinance. The motion to adopt the ordinance carried unanimously. ROEHL MOVED TO ADOPT THE ORDINANCE. Roehl explained the ordinance and reported that the Finance Committee recommended its adoption. The motion carried unanimously. Johnson reported that the Public Services Committee recommended adoption of the substitute ordinance. JOHNSON MOVED TO SUBSTITUTE THE ORDINANCE DATED 12/4/86. The motion carried. JOHNSON MOVED TO ADOPT THE ORDINANCE. December 4, 1986 Page 10 The motion carried unanimously. M11 ► I ► F I Ott, moil) 4M NO e Warner nominated Norman Shearer. Hansey nominated Glen Hallman. Burton nominated Bob Funkhouser. Hansey stated that the appointments to the Planning Commission would be made at the Council's December 18, 1986 meeting. Warner nominated Zetta Bracher. Hansey stated that the appointment to the Board of Equalization would be made at the Council's December 18, 1986 meeting. Muenscher summarized the contents of his letter which the Council received at its November 20, 1986 meeting, and which stated that there were only a few outstanding code violations pending with the County. He asked Dave Cottingham of the Prosecuting Attorney's Office to explain code enforcement procedures and the current status of the Rafters Trailer Park case. Cottingham explained that whenever possible the County tries to work with violators and persuade them to comply with regulations, rather than taking them into court. He reported that the owner of the Rafters Trailer Park had a court date of December 8, 1986 for the violations for which he had already been cited, and had stated his intention to plead guilty. Cottingham also said that a conditional use permit to operate the trailer park as a mobile home site had finally been completed, and a hearing would be scheduled and nearby residents notified. The request was received by consent and referred to the Public Services Committee. December 4, 1986 Page 11 AGREEMENT WITH THE CITY OF FERNDALE FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF PRE - TREATMENT FACILITIES FOR PRE - TREATMENT AND DISPOSAL OF LEACHATE AT THE FERNDALE WASTE -WATER TREATMENT PLANT The following motion was continued from the September 18, 1986 meeting: MUENSCHER MOVED TO RECOMMEND THAT AUTHORIZATION BE GIVEN TO THE CITY OF FERNDALE AND WHATCOM COUNTY FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF PRE - TREATMENT FACILITIES FOR PRE- TREATMENT AND DISPOSAL OF LEACHATE AT THE FERNDALE WASTE -WATER TREATMENT PLANT. ROEHL MOVED TO CONTINUE THE MOTION TO THE DECEMBER 18, 1986 COUNCIL MEETING. There was discussion about how to handle action on the Solid Waste Management Plan. It was decided to hold a Committee of the Whole meeting at 7:00 P.M. on December 11, 1986, to make recommendations to the Council for consideration at its December 18, 1986 meeting. The motion carried. ORDINANCE TO REVISE THE 1986 PHYSICAL PLANT AND CAPITAL FACILITIES FUND BUDGET a-.Ml PILL" ORDINANCE AMENDING ORDINANCE N0, 86 -79, AN ORDINANCE AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A LOAN FROM RAINIER NATIONAL BANK (NORTHWEST WASHINGTON COMMERCIAL BANKING CENTER) IN THE AMOUNT OF $100,000 FOR THE FINANCING OF THE HEATING AND HOT WATER SYSTEM IMPROVEMENTS FOR THE NOR -BELL NURSING HOME, BY AMENDING SECTION 1 The above ordinances were introduced by consent and referred to the Finance Committee. The meeting Was adjourned at 10:55 p.m. ATT ST: P.. . /t 'x � L��L Carol Ebergson Clerk of the Coun it WHATCOM COUN COUNCTL A.TC.OM COU TY . , ASkY1NGTON ld Gllan$ey', Chair