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HomeMy WebLinkAboutCounty Council for April 18 1985OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL Minutes -- April 18, 1985 The Whatcom County Council meeting was called to order at 7:35 p.m. at the Haynie Grange Hall, Blaine, by Chairman Roehl, with all members present. Also in attendance were Tom Sutberry, Budget Director; Randy Watts, Deputy Prosecuting Attorney; Paul Rushing, Public Works Director; Roger DeSpain, Parks Director; Vernon Umetsu, Planning Department; Jim Kresge, Engineering Department, and interested citizens. Chairman Roehl thanked Mr. James Purinton and Eileen Thompson, of the Haynie Grange, for inviting the Council to hold its meeting at the grange hall. MINUTES The minutes of the following meetings were approved as written: Committee of the Whole, March 28, 1985 Regular Council meeting, April 4, 1985 HARING PETITION FOR VACATION OF UNNAMED COUNTY ROADWAY BETWEEN GRANDVIEW AND ENTERPRISE ROAD, FILED BY HARKSELL Chairman Roehl explained that background on the petition filed by Mr. Harksell. Due to the original notice of hearing not being published, it is necessary to hold another public hearing. The public hearing was declared open in the matter of the petition for the vacation of an unnamed County raodway between Grandview and Enterprise Roads, filed by Peter Harksell. There being no one present to testify, the public hearing was closed. COLE MOVED THAT THE COUNCIL VACATE THAT PARTICULAR ROAD (UNNAMED) BETWEEN GRANDVIEW AND ENTERPRISE ROADS ON THE CONDITION THAT THE SUM OF $1,940 BE PAID BY THE APPLICANT. The motion carried. OPEN SESSION Jim Purinton Spoke in support of the 2241 Willies Lake Road Haynie Grange adopting the Custer Haynie School site as a park Council Minutes April 18, 1985 Page 2 Roger DeSpain, Parks Director, explained that the Parks Department was working with members of the Haynie Grange to accomplish their adoption of the Haynie School site for a park. Eileen Thompson Spoke in support of the Grange Master County donating funds or equipment to help get the project started at the Haynie School site. COLE MOVED THAT THE COUNCIL ENCOURAGE THE COUNTY PARK DEPARTMENT TO WORK WITH THE HAYNIE GRANGE MEMBERS FOR THE CLEANUP OF THE OLD HAYNIE SCHOOL SITE. The motion carried. Carol Beatty Expressed concern on the 2880 Haynie Road poor road conditions of the Custer Haynie Road; asked when the County intended to work on it. Paul Rushing, Director of Public Works, stated that it was scheduled to be worked on this summer. Jim Kresge, Engineering Department, stated that as funds were available, there would be a little work done each year.on the Haynie Road. Kenneth Bridges Read portions of a letter 4016 Toad Lake Road to Councilmembers; urged the Council to deal responsibly with the mini - initiative when it comes before them. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES ORDINANCE TO REVISE 1985 CENTRAL SERVICES FUND BUDGET Becker reported that the Finance Committee has reviewed the ordinance to revise the 1985 Central Services fund budget and recommended approval of the ordinance. BECKER MOVED FOR FINAL ADOPTION OF THE ORDINANCE TO REVISE THE 1985 CENTRAL SERVICES FUND BUDGET. Cole spoke to the motion. The motion carried unanimously. EXECUTIVE ITEMS BID AWARD FOR SUPPLY OF MISCELLANEOUS BRIDGE TIMBERS AND PILING FOR COUNTY BRIDGES AND FERRY DOCKS Tom Sutberry, Budget Director, explained the background on the request for authorization of the bid award to Kennedy- Johnson Lumber Company. Paul Rushing, Public Works Director, explained further. Council Minutes April 18, 1985 Page 3 Following further discussion, BECKER MOVED TO AUTHORIZE THE BID AWARD FOR SUPPLY OF MISCELLANEOUS BRIDGE TIMBERS AND PILING FOR COUNTY BRIDGES AND FERRY DOCKS TO KENNEDY- JOHNSEN LUMBER COMPANY. The motion carried unanimously. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES ORDINANCE TO REVISE THE 1985 DEVELOPMENTAL DISABILITIES FUND BUDGET BECKER MOVED FOR FINAL ADOPTION OF THE ORDINANCE TO REVISE THE 1985 DEVELOPMENTAL DISABILITIES FUND BUDGET. Hansey spoke to the motion and stated that the Finance Committee had recommended approval of the ordinance. The motion carried unanimously. ORDINANCE TO REVISE THE 1985 PARKS AND RECREATION FUND, SENIOR SERVICES BUDGET THEREIN BECKER MOVED FOR FINAL ADOPTION OF THE ORDINANCE TO REVISE THE 1985 PARKS AND RECREATION FUND, SENIOR SERVICES BUDGET THEREIN. Becker reported that the Finance Committee had reviewed the ordinance and recommended approval. Hansey explained the ordinance further. The motion carried unanimously. ORDINANCE AMENDING ORDINANCE 84 -100, ADOPTION OF FINAL BUDGET Becker reported that this ordinance has been held in the -' Finance Committee. OTHER BUSINESS NOMINATIONS FOR PLANNING COMMISSION Chairman Roehl explained the procedure for nominating people to the Planning Commission. Hawley nominated the following people: Max Costner, 6512 N W Rd., Ferndale Thomas Durham, Jr., 4649 Aldrich Road, Bellingham Robert B. Lindquist, 3305 McAlpine Rd., Bellingham Mike Steele, 5146 Elder Road, Ferndale Council Minutes April 18, 1985 Page 4 Becker nominated Emil Baijot, 4821 Sucia Drive, Ferndale. HAWLEY MOVED TO CLOSE THE NOMINATIONS. The motion carried. This item will be scheduled for the May 2nd Council meeting. The following items were received by consent and referred as noted below: 1. Appeal to the Whatcom County Council to review a decision of the Hearing Examiner regarding conditional use permit CU 3/85, filed by Scholten and Eshuis 2. Appeal to the Whatcom County Council to review a decision of the Hearing Examiner regarding conditional use permit CU 44 -84, shoreline variance SV 8 -84, and shoreline substantial development permit S 1084, filed by Sue Hoornbeek and Ira Uhrig (place on file until transcript received) 3. Mini - initiative petition requesting that a proposed measure known as County Initiative Measure No. 1 -85 entitled "Shall Whatcom County be declared an abortion free zone and penalties established for violation thereof" (schedule public hearing for May 23, 1985) 4. Open Space application received from Buren and Diane Smith (refer to Planning Commission) 5. Petition for lot line vacation between lot 14, Division 4 and lot 27, Division 7, plat of Scenic Estates, filed by Kjell Rye (refer to Planning and Development Committee, schedule public hearing for May 16, 1985) CONSIDERATION OF PLANNING COMMISSION RECOMMENDATIONS AND FINDINGS REGARDING 1985 OPEN SPACE TAXATION APPLICATIONS Muenscher explained the background on the Timberland applica- tions.recommended for approval by the Planning Commission. MUENSCHER MOVED TO APPROVE THE TIMBERLAND OPEN SPACE APPLICATIONS FILED BY SMALLWOOD, BAUMGART AND SMITH. The motion carried. Muenscher explained the background on the Timberland applica- tions recommended for denial by the Planning Commission. MUENSCHER MOVED TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATIONS AND DENY THE TIMBERLAND OPEN SPACE APPLICATIONS FILED BY MILNE AND BRANDSRUD. The motion carried. Council Minutes April 18, 1985 Page 5 Muenscher explained the background on the Open Space /Open Space applications. MUENSCHER MOVED TO DENY THE OPEN SPACE /OPEN SPACE APPLICATIONS OF TILLEY AND ILLMAN, AND TO APPROVE THE OPEN SPACE /OPEN SPACE APPLICATIONS OF POINT ROBERTS ESTATES LTD. AND MEIKLE. The motion carried. RECOMMENDATION FROM PUBLIC SERVICES COMMITTEE REGARDING SUMAS RIVER DRAINAGE IMPROVEMENT DISTRICT Cole reported that the Public Services Committee had met and was forwarding a recommendation to the full Council that the Council take whatever steps are necessary to facilitate the establishment of the Sumas River Drainage Improvement District. COLE MOVED THAT THE COUNCIL DIRECT THAT THE NECESSARY STEPS BE TAKEN TO FACILITATE THE ESTABLISHMENT OF THE SUMAS RIVER DRAINAGE IMPROVEMENT DISTRICT. Cole spoke to the motion. Following discussion on the motion, the motion carried. RECOMMENDATION FROM PLANNING AND DEVELOPMENT COMMITTEE REGARDING GUIDE MERIDIAN IMPROVEMENT PLAN Chairman Roehl explained that the Planning and Development Committee had recommended to the Council that they hold their own public hearing, and that the Guide Meridian Improvement Plan be forwarded to the Planning Commission with the notation that the Council would like to hold their own public hearing. The Plan will be forwarded to the Planning Commission, and a public hearing will be scheduled within the next 45 days or so. Muenscher raised a question as to the proper procedure to follow with regard to the Open Space applications acted upon earlier in the meeting. Randy Watts, Deputy Prosecuting Attorney, explained what the Council had acted on and the appeal procedure, which would be to the Superior Court. Muenscher spoke against reconsidering the Open Space applications which had been denied earlier in the meeting. BECKER MOVED TO RECONSIDER THE OPEN SPACE APPLICATIONS WHICH HAD BEEN DENIED EARLIER IN THE MEETING AND THAT THEY BE SCHEDULED FOR THE MAY 21 1985 COUNCIL MEETING. The motion carried. Council Minutes April 18, 1985 Page 6 INTRODUCTION OF RESOLUTIONS AND ORDINANCES ORDINANCE AMENDING THE EROTIC DANCE STUDIO ORDINANCE #85 -11 The ordinance amending the Erotic Dance Studio Ordinance No. 85 -11 to increase the license charge was introduced by consent, referred to Public Services Committee, and scheduled for public hearing on May 16, 1985. EMERGENCY ORDINANCE - HORSES AT BIRCH BAY COLE MOVED TO INTRODUCE AND ADOPT AN EMERGENCY ORDINANCE RELATING TO PROHIBITING, LEADING, RIDING, OR PLACING OF ANY BEAST OF BURDEN ON BIRCIi BAY DRIVE BETWEEN PT. WHITEHORN ROAD AND SHINTAFFER ROAD IN THE UNINCORPORATED AREA OF WHATCOM COUNTY BETWEEN MAY 1ST AND SEPTEMBER 30TH, PROVIDING REGULATION, ENFORCE- MENT AND PENALTIES, AND DESIGNATING THE WHATCOM COUNTY SHERIFF AS THE RESPONSIBLE AUTHORIZED AGENT FOR REGULATION AND ENFORCEMENT. Cole spoke to the motion. Roehl spoke against the motion. COLE MOVED TO AMEND THE ORDINANCE WITH THE FOLLOWING: Page 1, line 22.5 strike the words "cow, bull, steer, bison, jack, mule, donkey, sheep or goat" The motion to amend carried. COLE MOVED TO AMEND THE ORDINANCE WITH THE FOLLOWING: Page 1, line 29.5 change "$500.00" to "$100.00" and strike the rest of the sentence that reads "and /or by imprisonment in the county jail for a period not to exceed ninety (90) days." The motion to amend carried. MUENSCHER MOVED TO AMEND THE ORDINANCE WITH THE FOLLOWING: Add a new Section 2. to read as follows: "This ordinance does not apply to the use of horses in formal parades." The motion to amend carried. COLE MOVED TO AMEND THE ORDINANCE WITH TIIE FOLLOWING: Page 2, line 3.5 Add in a title for the last section entitled "Section 4. Emergency Clause" Page 2, line 5, change the word "section" to "ordinance" The motion to amend carried. Council Minutes April 18, 1985 Page 7 COLE MOVED TO AMEND THE ORDINANCE WITH THE FOLLOWING: Page 2, add a new section 5 to read as follows: "Section 5. Posting BE IT FURTHER ORDAINED that notice of this law shall be conspicuously posted by the Public Works Department in the affected area." The motion to amend carried. HANSEY MOVED TO REFER THE ORDINANCE TO THE PUBLIC SERVICES COMMITTEE. Hansey spoke to the motion. Cole spoke against the motion. Hawley spoke against the motion. The motion failed. HAWLEY MOVED TO STRIKE THE WORD " EMERGENCY" WHEREVER IT APPEARS IN THE ORDINANCE. The motion carried. COLE MOVED TO REFER THE ORDINANCE TO THE COUNCILMEMBERS FROM THE THIRD DISTRICT. The motion failed. The ordinance died. ORDINANCE - HORSES AT BIRCH BAY The following ordinance was introduced by consent and referred as noted below: Ordinance relating to prohibiting, leading, riding, or placing of any beast of burden on Birch Bay Drive between Pt. Whitehorn Road and Shintaffer Road in the unincorporated area of Whatcom County between May 1st and September 30th, providing regulation, enforce- ment and penalties, and designating the Whatcom County Sheriff as the responsible authorized agent for regulation and enforcement (schedule public hearing for 5/16/85, refer to Public Services) EMERGENCY ORDINANCE - AMENDING ORD. NO. 84 -100, FINAL BUDGET BECKER MOVED FOR ADOPTION OF THE EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 84 -100 IN THE MATTER OF THE ADOPTION OF THE FINAL BUDGET OF WHATCOM COUNTY FOR THE YEAR 1985 AND RESTRICTING THE EXPENDITURE OF CERTAIN FUNDS THEREIN. Council Minutes April 18, 1985 Page 8 BECKER MOVED TO AMEND THE ORDINANCE WITH THE FOLLOWING: Page 1, line 23, strike the entire paragraph Page 2, line 1, strike the entire paragraph Page 2, line 6, strike the words "this flexibility" and insert in their place the words "filling this vacancy" Page 2, line 14, strike the words "any of these provisions restricting" and insert in their place the words "Proviso Section II(T) in the 1985 budget which restricts" Becker spoke to the motion. The motion to amend carried. Johnson spoke against the motion to adopt the emergency ordinance as amended. Roehl spoke in support of the motion to adopt. The motion to adopt the emergency ordinance carried (5 -2, Johnson, Hawley). BECKER MOVED TO WAIVE THE APPLICABILITY OF PROVISO SECTION II(T) OF THE 1985 BUDGET. Becker spoke to the motion. The motion carried. The meeting was adjourned at 9:23 p.m. a ATTEST: Carol Ebergson Clerk of the Cou cil WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON William P. Roeh1�T Chairman