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HomeMy WebLinkAboutCounty Council for April 4 1985OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL Minutes -- April 4, 1985 The Whatcom County Council was called to order on Thursday, April 4, 1985, at 7 :35 p.m. by Chairman Roehl, with all members present except Cole. MINUTES The minutes of the following meetings were approved as written: Committee of the Whole, March 14, 1985 Regular Council meeting, March 21, 1985 Special Council meeting, March 26, 1985 EXECUTIVE ITEMS OVERLIMIT TRANSFER - TORT CLAIMS, DEFENSE, SETTLEMENT AND JUDGMENT FUND, $113,335 Executive Van Zanten explained the background on the request for an overlimit transfer in the amount of $113,335 in the Tort Claims, Defense, Settlement and Judgment Fund. BECKER MOVED TO APPROVE THE OVERLIMIT TRANSFER IN THE AMOUNT OF $113,335 IN THE TORT CLAIMS, DEFENSE, SETTLEMENT AND JUDGMENT FUND. Becker spoke to the motion and stated that the Finance Committee recommended approval of the overlimit transfer. The motion carried. LIQUOR LICENSE APPLICATION - RONALD NIELSON AND THOMAS BRADBURY, POINT ROBERTS SHELLMART Executive Van Zanten presented the liquor license application by Ronald Nielson and Thomas Bradbury for the Point Roberts Shell - mart, 423 Tyee Drive, Point Roberts. Hawley reported that the Public Services Committee had recommended approval of the application. HAWLEY MOVED TO APPROVE THE NEW LIQUOR LICENSE APPLICATION BY RONALD NIELSON AND THOMAS BRADBURY FOR THE POINT ROBERTS SHELLMART, 423 TYEE DRIVE, POINT ROBERTS. The motion carried. Council Minutes April 4, 1985 Page 2 CONFIRMATION OF APPOINTMENTS - HARRY ORR AND DONALD WENKE Executive Van Zanten requested Council confirmation of the appointment of Harry Orr to a term on the Whatcom County Tele- vision Reception Improvement District No. 1 and the appointment of Donald Wenke to complete Tod Arnason's term on the Develop- mental Disabilities Board. Mr. Orr's term is from 8/31/85 to 8/31/8 7. Mr. Wenke''s term will expire on 12/31/85. HAWLEY MOVED TO CONFIRM THE APPOINTMENTS OF HARRY ORR TO THE WHATCOM COUNTY TELEVISION RECEPTION IMPROVEMENT DISTRICT NO. 1 AND DONALD WENKE TO COMPLETE TOD ARNASON'S TERM ON THE DEVELOP- MENTAL DISABILITIES BOARD. The motion carried. REPORT OF THE EXECUTIVE Executive Van Zanten distributed a memo dated April 3, 1985 from Edwin Henken, County Engineer, regarding the winter damage to the County roads during the winter of 1984/1985 (see copy attached). HEARINGS PETITION TO VACATE THE LOT LINE BETWEEN LOTS 51 AND 52, DIVISION 10 PLAT OF SUDDEN VALLEY - R. BROOKS The public hearing was opened in the matter of the petition requesting that the lot line be vacated between lots 51 and 52, Division 10, Plat of Sudden Valley, filed by Richard L. Brooks. This hearing was continued from the March 7th Council meeting, in order to allow Mr. Brooks time to collect additional signatures of the owners of lots 51 and 52. There being no one present to speak, the hearing was closed. HANSEY MOVED TO APPROVE THE PETITION TO VACATE THE LOT LINE BETWEEN LOTS 51 AND 52, DIVISION 10, PLAT OF SUDDEN VALLEY, FILED BY RICHARD L. BROOKS, ET AL. The motion carried. PETITION FOR ROAD VACATION, PORTION OF LOWE AVENUE, FILED BY DONALD GRIFFIN The public hearing was declared open in the matter of the petition for road vacation of a portion of Lowe Avenue, filed by Donald Griffin. There being no one present to.speak, the public hearing was closed. Muenscher reported that the Planning and Development Committee recommended denial of the petition. Council Minutes April 4, 1985 Page 3 Chairman Roehl reopened the public hearing in order to allow testimony by the applicant. Donald Griffin 1526 Lowe Avenue Spoke in support of granting the road vacation. MUENSCHER MOVED TO REFER THE PETITION FOR ROAD VACATION OF A PORTION OF LOWE AVENUE FILED BY DONALD GRIFFIN BACK TO THE PLANNING AND DEVELOPMENT COMMITTEE. The public hearing was closed. The motion carried. ORDINANCE DISSOLVING FIRE PROTECTION DISTRICT NO. 20 The public hearing was declared open in the matter of the ordinance dissolving Fire Protection District No. 20. There being no one present to speak, the hearing was declared closed. HAWLEY MOVED FOR FINAL ADOPTION OF THE ORDINANCE DISSOLVING FIRE PROTECTION DISTRICT NO. 20. The motion carried. OPEN SESSION The following persons spoke during the Open Session: Barbara Ford Distributed letters to Council - 2901 Cottonwood members regarding the herbicide resolution; read one of the letters into the record. Chairman Roehl stated that anyone wishing to comment on the proposed "Dodson Mobile Home Park" during Open Session must restrict their comments to procedural related issues, as the Council is acting in a quasi- judicial manner with regards to the application by W.L. Dodson. Robert Frost 5602 Guide Meridian Spoke in support of Landy Bowen; asked if Council would consider enacting an ordinance that would require business licenses for business in the unincorporated areas of the:County, especially with Expo 186 coming up soon. Peter Raap Asked a question about the 1295 Bradley Hearing Examiner recommendations regarding the "Dodson Mobile Home Park" and the Planning and Development Committee's recommen- dation; stated he didn't fully understand the procedure; spoke in support of another public hearing. Council Minutes April 4, 1985 Page 4 Jeff Morris Provided information on a study 2513 Kelly Road he had done regarding costs of roadside maintenance (herbicide spraying vs. non-herbicide) Sandy McCandless Provided information she had Lummi Island received after contacting other counties in the state and asking them about their costs for road- side maintenance; referred to the Lummi Island "Outline of Events" which Barbara Ford had distributed earlier. Rita Foley Urged Council not to consider S. Lake Whatcom the monetary issue with regards to herbicide spraying, but to consider the value of human life. Marshall Bayes Spoke in support of herbicide 550 W. Badger Rd. spraying as long as it is done Lynden properly. Karin Sprague Asked for clarifications of 2832 N. Shore Rd. language in the herbicide resolution. JoAnn Schutt Spoke in support of a responsible 905 E. Victor roadside vegetation management program; also spoke in support of considering other costs that may be involved if the county does spray. Scott Swanson P.O. Box 37 Glacier Michael Savatgy 5804 N. Fork Rd. Deming Presented letter to Councilmembers; stated he is available for consulta- tion if needed. Spoke in support of correlating costs of roadside vegetation management with their effectiveness. Richard Gwisdala Spoke against the use of herbicides. 9948 Mt. Baker Hwy. Glacier There being no one else to speak during Open Session, the Council meeting was recessed at 9 :00 p.m. The meeting was reconvened at 9 :25 p.m. HANSEY MOVED TO IMMEDIATELY CONSIDER THE RESOLUTION PROVIDING FOR AN ANNUAL INTEGRATED ROADSIDE VEGETATION MANAGEMENT PROGRAM, WHICH MINIMIZES THE USE OF HERBICIDES AND PROHIBITS THE USE OF HERBICIDES IN CERTAIN AREAS OF THE COUNTY. Hansey spoke to the motion. The motion carried. Council Minutes. April 4, 1985 Page 6 Johnson spoke in support of the motion. The motion carried. BECKER MOVED TO AMEND THE RESOLUTION WITH THE FOLLOWING: Page 2, line 27, add the following words after the phrase "in consultation with ": "a specific and on -going group of" Becker spoke to the motion. The motion carried. JOHNSON MOVED TO AMEND THE RESOLUTION WITH THE FOLLOWING: Page 2, line 20, add the following words after the word "preserved ": "and made available to the public." Johnson spoke to the motion. The motion carried. HAWLEY MOVED TO AMEND THE RESOLUTION WITH THE FOLLOWING: Page 2, line 6, delete the words "commencing the annual program" and insert in their place the words "actual spraying" Page 2, line 14, insert the word "the" before the word "signs" Page 2, line 15, delete the words "seven (7) days" and insert in their place the words "one week" Roehl spoke to the motion. The motion carried. The motion to adopt the resolution, as amended, carried. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES ORDINANCE - REVISE 1985 CURRENT EXPENSE FUND, SHERIFF`S BUDGET THEREIN BECKER MOVED FOR FINAL ADOPTION OF THE ORDINANCE TO REVISE THE 1985 CURRENT EXPENSE FUND, SHERIFF'S BUDGET THEREIN. Becker stated that the Finance Committee recommended approval of the ordinance. The motion carried unanimously. Council Minutes April 4, 1985 Page 5 RESOLUTION - ANNUAL INTEGRATED ROADSIDE VEGETATION MANAGEMENT PROGRAM JOHNSON MOVED TO INTRODUCE AND BRING BEFORE THE COUNCIL DRAFT NUMBER 4 OF THE RESOLUTION PROVIDING FOR AN ANNUAL INTEGRATED ROADSIDE VEGETATION MANAGEMENT PROGRAM, WHICH MINIMIZES THE USE OF HERBICIDES AND PROHIBITS THE USE OF HERBICIDES IN CERTAIN AREAS OF THE COUNTY. The motion carried. JOHNSON MOVED TO AMEND THE RESOLUTION WITH THE FOLLOWING: Page 3, line 14. Insert a new section F to read as follows: "F. All other areas designated as sensitive areas in Whatcom County." Then change the present Section F. to Section G. Johnson spoke to the motion. Becker asked for a clarification on the intent of the motion. Johnson stated that the intent was to have the motion read "All other shoreline areas..." Roehl spoke in support of rewording the motion to read "F. All areas within the jurisdiction of the Shorelines Management Act." Following further discussion, Roehl restated the motion as follows: "F. All areas within the jurisdiction of the Whatcom County Shorelines Management Program." The motion carried. HAWLEY MOVED TO AMEND THE RESOLUTION WITH THE FOLLOWING: Page 3, line 24 Insert the words "and frontslopes" after the word "Backslopes ". Hawley spoke to the motion. The motion carried. BECKER MOVED TO AMEND THE RESOLUTION WITH THE FOLLOWING: Page 4, line 1 - Strike the entire paragraph, lines 1 -4. Becker spoke to the motion. Council Minutes April 4, 19.85 Page 7 ORDINANCE AMENDING SECTION VI.A.1.05.2, LAKE WHATCOM SUBAREA COMPREHENSIVE PLAN MUENSCHER MOVED FOR FINAL ADOPTION OF THE ORDINANCE AMENDING SECTION VI.A.1.05.2 OF THE LAKE WHATCOM SUBAREA COMPREHENSIVE PLAN FOR THE PURPOSE OF INCLUDING TRACT Y OF SUDDEN VALLEY INTO THE LANGUAGE OF THAT SECTION, AND INCLUDING NEW LANGUAGE THAT WAS INADVERTENTLY DELETED UPON PUBLICATION. Muenscher reported that the Planning and Development Committee recommended approval of the ordinance. Donovan Kehrer, Buildings and Code Administration, explained the ordinance. The motion carried. OTHER BUSINESS CONSIDERATION OF APPLICATION FILED BY W.L. DODSON FOR ZONING CONDITIONAL USE PERMIT, PRELIMINARY PLAT AND DESIGN VARIANCE, " DODSON MOBILE HOME PARK" Muenscher reported that the Planning and Development Committee had forwarded Mr. Dodson's application to the full Council without a Committee recommendation. MUENSCHER MOVED THAT THE COUNCIL HOLD THEIR OWN PUBLIC HEARING IN THE MATTER OF THE APPLICATION FILED BY W.L.DODSON FOR A;ZONING CONDITIONAL USE PERMIT, PRELIMINARY PLAT AND DESIGN VARIANCE APPROVAL TO CREATE A 29 -SPACE MOBILE HOME PARK TO BE KNOWN AS " DODSON MOBILE HOME PARK ". Muenscher spoke to the motion. Johnson spoke in support of the motion. Muenscher spoke in support of trying to hold the public hearing in the Lynden area, if possible. The motion carried. RESIGNATION OF PLANNING COMMISSIONER ROBERT REHPOHL The Council received the resignation of Planning Commissioner Robert Rehpohl and announced the vacancy on the Planning Commission. The vacancy is to be filled by someone from District 3, and nomina- tions can be received from Councilmembers from District 3 and the Councilmember At Large. Nominations will be received at the next Council meeting. Council M�Autes April 4, 1985 Page 8 The following agenda items were received and referred as noted below: 1. Planning Commission recommendations and findings regarding 1985 Open Space taxation applications (referred to Planning and Development Committee) 2. Guide Meridian Transportation Corridor Analysis Group recommendation on the Guide Meridian Improvement Plan (referred to Planning and Development Committee) 3. Open Space applications received: a. Patrick W. Campbell b. Alva Osborne (referred to Planning Commission) INTRODUCTION OF RESOLUTIONS AND ORDINANCES RESOLUTION - CONTRACT BETWEEN WHATCOM COUNTY AND ARNOLD, ARNOLD & ASSOCIATES Becker reported that the Finance Committee had reviewed the resolution authorizing the County Executive to enter into a contract for consulting services between Whatcom County and Arnold, Arnold & Associates for investigation on the Hannegan Road bridge, design for a new ferry transfer facility and evaluation of existing facility at Gooseberry Point, and report on Rock Creek, Dakota Creek, Dakota Creek North, and Welcome bridges, and the Committee recommended approval of the resolution. BECKER MOVED TO INTRODUCE AND ADOPT THE RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT FOR CONSULTING SERVICES BETWEEN WHATCOM COUNTY AND ARNOLD, ARNOLD & ASSOCIATES FOR INVESTIGATION ON THE HANNEGAN ROAD BRIDGE, DESIGN FOR A NEW FERRY TRANSFER FACILITY AND EVALUATION OF EXISTING FACILITY AT GOOSEBERRY POINT, AND REPORT ON ROCK CREEK, DAKOTA CREEK, DAKOTA CREEK NORTH, AND WELCOME BRIDGES. Following discussion on the contract, the motion carried. RESOLUTION AMENDING RESOLUTION NO. 84 -26. SURPLUS PROPERTY Becker reported that the Finance Committee had reviewed the resolution and recommended approval. BECKER MOVED TO INTRODUCE AND ADOPT THE RESOLUTION AMENDING RESOLUTION NO, 84 -26 WHICH ESTABLISHES SALE OF WHATCOM COUNTY PROPERTY AS SURPLUS. Becker spoke to the motion. The motion carried. Council Minutes April 4, 1985 Page 9 RESOLUTION TO SELL REAL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE BECKER MOVED TO INTRODUCE AND ADOPT THE RESOLUTION TO SELL REAL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE. Becker reported that the Finance Committee had reviewed the resolution and recommended approval. Becker spoke to the motion. The motion carried. RESOLUTION - SETTING DATE FOR PUBLIC HEARING FOR DECLARING CERTAIN COUNTY -OWNED EQUIPMENT SURPLUS PROPERTY JOHNSON MOVED TO INTRODUCE AND ADOPT THE RESOLUTION IN THE MATTER OF SETTING A DATE FOR PUBLIC HEARING FOR DECLARING CERTAIN COUNTY -OWNED EQUIPMENT SURPLUS PROPERTY PURSUANT TO RCW 36.34.020. The motion carried. RESOLUTION AMENDING WATER DISTRICT NO. 4 TO POINT ROBERTS WATER DISTRICT NO. 4 HAWLEY MOVED TO INTRODUCE AND ADOPT THE RESOLUTION AMENDING WATER DISTRICT NO. 4 TO BE CHANGED FROM " WHATCOM COUNTY WATER DISTRICT NO. 4" TO "POINT ROBERTS WATER DISTRICT NO. 411. The motion carried. ORDINANCE - REVISE THE 1985 CENTRAL SERVICES FUND BUDGET The ordinance to revise the 1985 Central Services Fund Budget was introduced by consent and referred to the Finance Committee. ORDINANCE - REVISE 1985 DEVELOPMENTAL DISABILITIES FUND BUDGET The ordinance to revise the 1985 Developmental Disabilities Fund budget was introduced by consent and referred to the Finance Committee. EMERGENCY ORDINANCE - AMENDING ORD. #84 -100, FINAL BUDGET BECKER MOVED TO INTRODUCE AND ADOPT 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. Hawley spoke against the motion. Johnson spoke against the motion. Council Minutes April 4, 1985 Page 10 Muenscher spoke in support of the motion. Roehl spoke in support of the motion. Hansey spoke in support of the motion. BECKER MOVED TO AMEND THE EMERGENCY ORDINANCE WITH THE FOLLOWING: Page 1, line 23, Strike the last "WHEREAS" paragraph on page 1 (lines 23 -31) Page 2, line 1, Strike the first "WHEREAS" paragraph one page 2 (lines 1 -5) Page 2, line 6, delete the words "this flexibility" and insert in their place the words "filling this vacancy" Page 2, line 14, amend to read as follows: "(Z) The Council may, by motion waive the applicability of Proviso Section 2 T) in the 1985 budget which restricts the expenditure of certain appropriations in specific circumstances.' Becker spoke to the motion to amend. Chairman Roehl restated the motion. The motion to amend carried. The motion to adopt the emergency ordinance, as amended, carried (4 -2, Hawley, Johnson). The following ordinances were introduced by consent and referred as noted below: 1. Ordinance to revise the 1985 Parks and Recreation Fund, Senior Services budget therein (referred to Finance) 2. Ordinance amending non - exclusive franchise granted to Delta Cablevision (referred to Public Services; schedule public hearing) 3. Ordinance amending Lummi Island Comprehensive Plan referred to Planning and Development; schedule public hearing for 5/2/85). Council Minutes April 4, 1985 Page 11 4. 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 (referred to Finance). There being no further business, the meeting was adjourned at 10:40 p.m. WHATCOM_COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON William P. Roehl Chairman ATTEST: - . Carol- -Ebergson Clerk -of the C uncil