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HomeMy WebLinkAboutSpecial Council May 22 1986WHATCOM COUNTY COUNCIL SPECIAL MEETING May 22, 1986 The Whatcom County Council meeting was called to order by Chairman Hansey at 7:03 p.m., with Burton, Hawley, Roehl, and Warner present. The meeting was recessed in order to convene a meeting of the Committee of the Whole. ROEHL MOVED THAT THE MEETING OF THE COMMITTEE OF THE WHOLE BE RECESSED TO EXECU`T'IVE SESSION. The motion carried unanimously. The Committee went into Executive Session to discuss pend- ing litigation and appeals. The meeting reconvened at 8:12 p.m. Johnson joined the meeting. Chairman Hansey reconvened the full Council meeting in order to allow the Council to act upon several matters. OTHER BUSINESS BID AWARD TO WILDER CONSTRUCTION FOR SEAL ROCK FOR ROAD MA NTENANCE IN THE DEMING /ACME VALLEY AREA, IN THE AMOUNT_ OF $0,962.50, INCLUDING SALES TAX, PENDING SATISFACTORY L�MP�L TION F_THE LbS ANGELES NEAR AND DEGRADATION TEST BY THE WASHINGTON DEPARTMENT OF TRANSPORTATION, Shirley Van Zanten explained, in response to a question raised by the Council at a previous meeting, that the seal rock was being purchased from an outside source because the County could not manufacture -the amount required in time to meet the road maintenance schedule. ROEHL MOVED TO APPROVE THE BID AWARD, SUBJECT TO THE STIPULATED CONDITION. The motion carried. _CO.NSIDERATION OF RON KA.ALAND' S APPEAL OF HEARING EXAMINER DECISION REGARDING A ZONING VARIANCE APPLICATION (V. 3 -86) ROEHL MOVED TO OVERTURN THE HEARING EXAMINER'S DECISION ON THE BASIS THAT NEWER INFORMATION INDICATED THAT THE PROPOSED SIGN WOULD COMPLY WITH REGULATIONS. There was discussion on the motion. The motion carried. Whatcom County Council Minutes May 22, 1956 Page 2 CONSIDERATION OF JOE ELENBAAS' APPEAL OF HEARING EXAM_INER__ DECISION REGARDING ZONING ADMINISTRATOR'S INTERPRETATION OF WHATCOM COUNTY INTERIM ZONING ORDINANCE, SECTION 2.24.510.090 (A.A 5 -85) ROEHL MOVED TO UPHOLD THE HEARING EXAMINER'S DECISION. Warner requested to be excused from deliberations on the issue because of a personal friendship with Elenbaas. Randy Watts, Civil Deputy Prosecuting Attorney for the County, advised any Council members with potential "appearance of fairness" conflicts to state for the record the.-extent of their contacts with either party in the appeal. Warner repeated that he knew Elenbaas socially, had received campaign assistance from him, and had purchased hay from him. Johnson stated that he also knew Elenbaas socially, was a neighbor, had purchased hay from him, and had grazed Elenbaas' cattle on his land. Hawley stated that he had known Elenbaas for many years and had been to his house once. Hansey stated that he socialized with Elenbaas and that a letter from the other party in the case had raised the issue of a conflict of interest in his case. Roehl said that he had served on a board and worked on a campaign with Elenbaas, and had socialized with him, but did not feel that he had a conflict of interest. Chairman Hansey ruled that of the six Council members present, only three did not have an "appearance of fairness" conflict. Randy Watts advised that, because the "appearance of fairness" conflict rendered the Council unable to reach a decision, the over- riding "doctrine of necessity" should be invoked and the full Council should vote on the issue. HAWLEY MOVED TO DELAY CONSIDERATION OF THE APPEAL UNTIL THE JUNE 5 MEETING. The motion failed. There was discussion on -the motion to uphold the decision. The motion failed. Whatcom County Council Minutes May 22, 1986 Page 3 ROEHL MOVED THAT CONSIDERATION OF THE APPEAL BE CARRIED OVER TO THE NEXT COUNCIL MEETING. The motion carried. The meeting was recessed to a meeting of the Committee of the Whole at 8 :45 p.m. Committee of the Whole ORDINANCE AMENDING THE URBAN FRINGE SUBAREA COMPREHENSIVE PLAN MAP AND TEXT FOR A PORTION OF THE SOUTHEAST QUADRANT OF THE INTERSECTION OF SMITH ROAD AND THE GUIDE MERIDIAN? BOTH SITUATED IN WHATCOM COUNTY ORDINANCE AMENDING TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONTNG ORDINANCE, FOR A PORTION OF THE SOUTHEAST QUADRANT OF THE INTERSECTION OF SMITH ROAD AND THE GUIDE MERIDIAN IN THE URBAN FRINGE SUBAREA, SITUATED IN WHAT4.OM COUNTY- ORDINANCE Y ORDINANCE AMENDING THE 1970 WHATCOM COUNTY COMPREHENSIVE PLAN TEXT AND MAP FOR THE GEOGRAPHIC AREA KNOWN AS THE LYNDEN- NOOKSACK VALLEY SUBAREA, SITUATED IN WHATCOM COUNTY ORDINANCE ADOPTING AND AMENDING TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, FOR THE GEOGRAPHIC AREA KNOWN AS THE LYNDEN- NOOKSACK VALLEY SUBAREA. SITUATED IN WHATCOM COUNTY Chairman Hansey stated that the four ordinances would be considered together since they were closely related. Bill Trimm and Sandy Palm of the Planning Department discussed the history of the proposed changes and the process followed by the Planning Department in arriving at the recommendations. Palm stated that controversy existed concerning the classification of only about 2% of the area involved. There was discussion concerning the various issues and areas involved. It was determined that a public hearing on the ordinances could be held on June 17. The Council debated whether all of the area covered by the ordinances should be discussed at the hearing, or only those sections which had appeared to generate controversy. ROEHL MOVED TO RECOMMEND THAT THE COUNCIL ADOPT THE ORDINANCES AMENDING THE COMPREHENSIVE PLAN AND ZONING ORDINANCE, BUT EXEMPT FROM INCLUSION THOSE AREAS ALONG THE GUIDE MERIDIAN SOUTH OF THE BARTLETT ROAD TO THE SMITH ROAD WHICH WERE NOT PROPOSED FOR AGRI- CULTURAL OR RURAL ZONING. Whatcom County Council Minutes May 22, 1984 Page 4 THE MOTION WAS AMENDED BY CONSENSUS TO INCLUDE IN THE EXEMPTION THE AREA SOUTH OF WISER LAKE ROAD TO THE SMITH ROAD AND THE "R" AREA SOUTH OF BADGER ROAD AND EAST OF BERTHUSEN ROAD; TO DELETE "RURAL" FROM THE DEFINITION OF THE AREAS EXEMPTED, SO THE MOTION WOULD END ". . . NOT PROPOSED FOR AGRICULTURAL ZONING. "; AND TO INCLUDE IN THE EXEMPTION THE AREA ON THE POLE ROAD BETWEEN HINOTE'S CORNER AND THE GUIDE. The motion carried. JOHNSON MOVED TO INCLUDE THE POWERS TWINE AREA, THE AREA ON WHICH THE PLANNING COMMISSION HAD MADE NO RECOMMENDATION, IN THE PUBLIC HEARING. The motion carried. Chairman Hansey stated that the main portions of the ordinances would be considered at the June 5 meeting, and those areas exempted by the Council would be discussed at a public hearing at 7:00 p.m. on June 17 at the County Courthouse. PUBLIC DEFENDER Warner requested that the Council attempt to reach a consensus concerning the additional position in the Public Defender's Office. The issue was discussed but no action was taken. RESOLUTION APPROVING HEARING EXAMINER'S RULES Consideration of this resolution was held over until the next meeting. The meeting of the Committee of the Whole and of the full Council was adjourned at 10 :15 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Donald G. Hansey, Chairman ATTEST: Carol Ebergson Clerk of -the Council