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HomeMy WebLinkAboutCounty Council for March 7 1985OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL Minutes -- March 7, 1985 The Whatcom County Council was called to order on Thursday, March 7, 1985, at 7:35 p.m. by Chairman Roehl, with all members present. MINUTES The minutes of the February 21, 1985 Council meeting were approved as written. EXECUTIVE ITEMS BID AWARD - FERNDALE WASTEWATER TREATMENT PLANT IMPROVEMENTS Executive Van Zanten provided background information on the recommended changes to the bid award for the Ferndale Wastewater Treatment Plant Improvements. She stated that the amount of the bid would be $917,830.12, and deleting alternates #1, 2, and 5. Chairman Roehl read a letter from Ron Peterson, City of Ferndale, supporting the bid award with the changes noted above. BECKER MOVED TO AUTHORIZE THE EXECUTIVE TO ACCEPT THE BID AWARD FOR THE FERNDALE WASTEWATER TREATMENT PLANT IMPROVEMENTS IN THE AMOUNT OF $917,830.12, WHICH IS THE BASIC BID WITH THE DELETION OF ALTERNATES #1, 2, AND 5. The motion carried. AGREEMENT - BETWEEN NOR -BELL AND WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES, AFL -CIO Executive Van Zanten provided information on the 1985 contract for the Whatcom County Nor -Bell employees. BECKER MOVED TO AUTHORIZE THE EXECUTIVE TO SIGN THE CONTRACT BETWEEN WHATCOM COUNTY NOR -BELL AND WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES, AFL -CIO, AFSCME, LOCAL 1581 - I. The motion carried. REPORT OF THE EXECUTIVE Executive Van Zanten distributed a letter dated 2/25/85 which reports on the proposed schedule to do the County's share of the improvements for safety on the Guide Meridian. She also reported on the full signalization at the Birch Bay - Lynden /Guide Meridian intersection. Council Minutes March 7, 1985 Page 2 HF A R T NaR PETITION FOR LOT LINE VACATION - BROOKS The public hearing was declared open 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 Brooks. Being that no one was present to speak, the hearing was closed. Muenscher reported Committee had reviewed the petition not be granted at background on the petition requested that a letter be signatures from the other the Council could consider that the Planning and Development petition and recommended that the this time. Muenscher provided further and stated that the Committee had written to Mr. Brooks explaining that property owners must be obtained before the petition. MUENSCHER MOVED TO HOLD OVER UNTIL THE FIRST APRIL MEETING THE PETITION REQUESTING THAT THE LOT LINE BE VACATED BETWEEN LOTS 51 AND 52, DIVISION 10, PLAT OF SUDDEN VALLEY, FILED BY RICHARD BROOKS. The motion carried. PETITION FOR LOT LINE VACATION - MCMILLAN The public hearing was declared open in the matter of the petition requesting that the lot line be vacated between lots 73 and 74, Division 8, Plat of Paradise Lakes Country Club, filed by Elizabeth McMillan. Being that no one was present to speak, the hearing was closed. Muenscher reported that the Planning and Development Committee had reviewed the petition and recommended approval of the petition filed by Ms. McMillan. MUENSCHER MOVED TO APPROVE THE PETITION REQUESTING THAT THE LOT LINE BE VACATED BETWEEN LOTS 73 AND 74, DIVISION 8, PLAT OF PARADISE LAKES COUNTRY CLUB, FILED BY ELIZABETH MCMILLAN. The motion carried. PETITION FOR LOT LINE VACATION - SIBBALD The public hearing was declared open in the matter of the petition requesting that the lot line be vacated between lots 118 and 119, Division 2, Plat of Sudden Valley, filed by B.R. Sibbald. Being that no one was present to speak, the hearing was closed. Muenscher reported that the Planning and Development Committee had reviewed the petition and recommended approval of the petition filed by Mr. Sibbald. Council Minutes March 7, 1985 Page 3 MUENSCHER MOVED TO APPROVE THE PETITION REQUESTING THAT THE LOT LINE BE VACATED BETWEEN.LOTS 118 AND 119, DIVISION 2, PLAT OF SUDDEN VALLEY, FILED BY B.R. SIBBALD. The motion carried. PETITION FOR ROAD VACATION - HOLEMAN /SIMONARSON The hearing was declared open in the matter of the petition for road vacation of unimproved Celia Drive filed by C.W. Holeman and Arni Simonarson, et al. JoAnn Simonarson Provided background on the request for road vacation. Chairman Roehl read the Engineer's report and recommendation of approval of the road vacation subject to a rededication as outlined in Ed Henken's memo dated February 26, 1985. Being that no further testimony was received, the hearing was declared closed. MUENSCHER MOVED TO ALLOW THE REALIGNMENT OF CELIA DRIVE TO BE FINALIZED UPON RECEIPT OF THE REDEDICATION DEED AS OUT- LINED IN ED HENYEN'S MEMO DATED FEBRUARY 26, 1985 ( SEE ATTACHED ). The motion carried. OPEN SESSION No one was present to speak at Open Session. OTHER BUSINESS ASSIGNMENT OF FRANCHISE - DELTA CABLEVISION Hawley reported on the background of the Assignment of Franchise from Delta Cablevision to Guinness Communications, Inc. HAWLEY MOVED TO GRANT THE ASSIGNMENT OF FRANCHISE FROM DELTA CABLEVISION TO GUINNESS COMMUNICATIONS, INC. The motion carried. There was further discussion on the two other requests of Delta Cablevision - -to waive the requirements of lines 18 through 21 of Section 24 of their franchise document, and to change the basic cable service fee for Point Roberts. Council Minutes March 7, 1985 Page 4 Cole reported that the Public Services Committee had discussed changing the language in Delta's franchise that would make their rate language similar to other franchises' language that references the Rate Review Board. COLE MOVED THAT THE COUNCIL'S ATTORNEY BE REQUESTED TO DRAFT LANGUAGE IN CONNECTION WITH THE DELTA CABLEVISION FRANCHISE ORDINANCE THAT WOULD MAKE THEIR RATE PROCESS SIMILAR TO THAT WHICH IS ESTABLISHED FOR MCCAW CABLEVISION AND NATIONWIDE CABLE TELEVISION IN THEIR FRANCHISE ORDINANCES, AND FURTHERMORE THAT COUNCIL'S ATTORNEY RESEARCH THE COUNTY'S PRESENT AUTHORITY TO REGULATE RATES. The motion carried. Further discussion on Delta's requests will take place once the Council has reviewed and acted on the amended franchise, and after the Council's attorney has researched the County's present authority to regulate rates. NOMINATION /APPOINTMENT OF COUNCIL REPRESENTATIVE TO MUSEUM BOARD Chairman Roehl stated that Ellen Vaughn had correspondedi with the Council and requested that she be reappointed to serve as the Council's representative to the Museum Board. HAWLEY MOVED TO NOMINATE ELLEN VAUGHN TO SERVE AS COUNCIL REPRESENTATIVE TO THE MUSEUM BOARD. JOHNSON MOVED TO CLOSE THE NOMINATIONS. The motion to close the nominations carried. Ellen Vaughn was appointed to serve as Council representative to the Museum Board by unanimous ballot. The following items were received and referred as noted below: -- Correspondence from Bob Tull, attorney for Ben Millman,_ withdrawing Mr. Millman's appeal (received) -- Correspondence from Bill Trimm, regarding a zone change (referred to Planning and Development Committee) -- Correspondence from Faruk Taysi, Director of Marketing for Trillium Corporation (referred to Planning and Development Committee) Council Minutes March 7, 1985 Page 5 - -Open Space application filed by R.L. Van Egdom (referred to Planning Commission) -- Petition for road vacation of portion of Lowe Avenue filed by Donald D. Griffin (referred to Planning and Development Committee; schedule public hearing for 4/4/85) DISCUSSION ON PUBLIC SERVICES COMMITTEE MEMBERSHIP Hansey requested that Council appoint a member to replace him on the Public Services Committee, and he asked that this discussion be held over until later in the meeting, after the coffee break. CONSIDERATION OF THE RATE REVIEW BOARD'S RECOMMENDATION ON DELTA CABLEVISION'S REQUEST This agenda item will be held over to another meeting until Council's attorney has drafted language to amend Delta's franchise ordinance and has researched the County's present authority to regulate rates. HEARING EXAMINER RECOMMENDATIONS - "ORCHARD PLACE" PRELIMINARY PLAT FILED BY MAE STANDEL The Hearing Examiner recommendations regarding the Findings and Conclusion of the application of Mae Standel for preliminary plat approval to create and develop a residential subdivision known as "Orchard Place" will be referred by consent to the Planning and Development Committee. The meeting was recessed at 8:08 p.m. The meeting reconvened at 8:15 p.m. DISCUSSION ON THE PUBLIC SERVICES COMMITTEE MEMBERSHIP BECKER MOVED TO NOMINATE MUENSCHER TO SERVE ON THE PUBLIC SERVICES COMMITTEE. The motion carried. INTRODUCTION OF RESOLUTIONS AND ORDINANCES The following ordinances were introduced by consent and referred as noted below: 1. Ordinance to revise the 1985 Mental Health Fund Budget (referred to Finance) Council Minutes March 7, 1985 Page 6 2. Ordinance amending the recreational policies of the Whatcom County 1970 Comprehensive Land Use Plan to the Interim Zoning Ordinance text creating the Seasonal Recreation Residential District (SRR); and to the 1970 Comprehensive Plan and Interim Zoning maps changing the plan designation from "Suburban" to "Recreational" and the zone district from "Suburban Residential District" (S 9.6) to the "SSR" district for an area commonly known as "Sandy Point Heights" (referred to Planning and Development Committee) 3. Ordinance amending Whatcom County Code 20.36.157(1) dealing with conditionally permitted uses in the rural district as well as adding a new section to 20.36 (referred to Planning and Development Committee) A. Ordinance amending the boundaries of the neighborhood commercial district on Tract "S" in Sudden Valley (referred to Planning and Development Committee) RESOLUTION - AMENDING RES. #85 -9 TO SELL REAL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE COLE MOVED TO INTRODUCE AND ADOPT A RESOLUTION AMENDING RESOLUTION #85 -9 TO SELL REAL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE. Chairman Roehl spoke to the motion. Hansey explained the background information on the resolution. The motion carried. OTHER ITEMS OF CONCERN FROM COUNCILMEMBERS. Johnson distributed copies of a letter he had received from Mr. Ernest C. Weed, Jr. Chairman Roehl reported that the Parks Department would like to schedule an on -site visit for Councilmembers to tour the proposed Sumas Mountain ORV site. Council staff will set up a convenient time for the tour. RESOLUTION - CHANGING OFFICIAL STATE SONG COLE MOVED TO INTRODUCE A RESOLUTION OF THE WHATCOM COUNTY COUNCIL TO THE LEGISLATURE OF THE STATE OF WASHINGTON TO PROCLAIM "LOUIE LOUIE" AS THE OFFICIAL STATE SONG. Council Minutes March 7, 1985 Page 7 Cole spoke to the motion and read the resolution. The motion carried, 4 -3. Chairman Roehl announced that a Committee of the Whole meeting will be scheduled for March 14, 1985 at 7:30 p.m. in order to discuss Councilmembers' proposals regarding a roadside management program and herbicide spraying. The meeting adjourned at 8:35 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON WILLIAM P. ROEHL Chairman ATTEST: Carol Ebergson Clerk of the Council