HomeMy WebLinkAboutCounty Council for May 16 1985OFFICIAL PROCEEDINGS
WHATCOM COUNTY COUNCIL,
Minutes -- May 16, 1985
The Whatcom County Council meeting was called to order
at 7:33 p.m. by Chairman Roehl, with all members present except
Cole and Becker, who arrived at 7:53 p.m.
Chairman Roehl thanked the Mt. Baker School District for
allowing the Council to meet in the Library of Mt. Baker High
School.
MINUTES
The minutes of the following meetings were approved as
written:
Special Council Meeting, April 25, 1985
Committee of the Whole, May 2, 1985
Regular Council Meeting, May 2, 1985
EXECUTIVE ITEMS
OVERLIMIT TRANSFER - $25,966.00 WITHIN RIVER IMPROVEMENT FUND
Executive Van Zanten explained the background on a request
for an overlimit transfer in the amount of $25,966.00 within the
River Improvement Fund.
Hansey reported that the Finance Committee recommended
approval of the overlimit transfer.
HANSEY MOVED TO APPROVE THE OVERLIMIT TRANSFER IN THE AMOUNT
OF $25,966.00 WITHIN THE RIVER IMPROVEMENT FUND.
The motion carried.
BID AWARDS - PETROLEUM FUELS; TRUCK - MOUNTED EXCAVATOR, AND
REPAIR OF NUGENT ROAD
Executive Van Zanten provided background information.on
the following requests for approval of bid awards:
1. Petroleum Fuels to Bosman Fuels in the amount of
$303,367.
2. Truck - mounted excavator to AirPro Equipment, Inc., in
the amount of $114,622.17
3. Repair of Nugent Road on Lummi Island to One -Way Con-
struction in-the amount of $47,017.24
Whatcom County Council Meeting
May 16, 1985
Page 2
Hansey reported that the Finance Committee had reviewed all
three bid awards and recommended approval.
Hawley requested that the bid awards be voted on separately.
HANSEY MOVED TO APPROVE THE BID AWARD FOR PETROLEUM FUELS
TO BOSMAN FUELS IN THE AMOUNT OF $303,367.
The motion carried.
HANSEY MOVED TO APPROVE THE BID AWARD FOR A TRUCK - MOUNTED
EXCAVATOR TO AIRPRO EQUIPMENT, INC., IN THE AMOUNT OF $114,622.17.
The motion carried..
HANSEY MOVED TO APPROVE THE BID AWARD FOR THE REPAIR OF
NUGENT ROAD ON LUMMI ISLAND TO ONE -WAY CONSTRUCTION IN THE AMOUNT
OF $47,017.24.
The motion carried.
HEARINGS
ORDINANCE AMENDING THE EROTIC DANCE STUDIO ORDINANCE #85 -11
The public hearing was declared open. No one was present
to speak at the public hearing. The public hearing was closed.
Muenscher reported that the Public Services Committee recom-
mended approval of the ordinance.
MUENSCHER MOVED TO ADOPT THE ORDINANCE AMENDING TIIE EROTIC
DANCE STUDIO ORDINANCE #85 -11 TO INCREASE THE LICENSE CHARGE.
JOHNSON MOVED TO AMEND THE ORDINANCE ON PAGE 2, LINE 6,
TO CHANGE THE AMOUNT FROM "FIFTY DOLLARS ($50.00)" TO "TWENTY -FIVE
DOLLARS ($25.00) ".
Johnson withdrew his motion to amend.
JOIINSON MOVED TO AMEND HE ORDINANCE ON PAGE 2 LINE 5,
TO CHANGE THE AMOUNT FROM "ONE HUNDRED TWENTY -FIVE ($125.00)"
TO "FIVE HUNDRED DOLLARS ($500.00) ".
The motion to amend carried.
The motion to adopt the ordinance as amended carried.
ORDINANCE - HORSES ON BIRCH BAY DRIVE
The public hearing was declared open in the matter of the
ordinance relating to prohibiting, leading, riding, or placing
Whatcom County Council Meeting
May 16, 1985
Page 3
of horses 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,
enforcement and penalties, and designating the Whatcom County
Sheriff as the responsible authorized agent for regulation and
enforcement.
Chuck Sterling Spoke in support of the
Birch Bay Chamber of Commerce ordinance.
There being no one else present to speak at the public
hearing, the hearing was closed.
Cole reported that the Public Services Committee recommends
approval of the ordinance.
COLE MOVED FOR FINAL ADOPTION OF THE ORDINANCE RELATING
TO PROHIBITING, LEADING, RIDING, OR PLACING OF HORSES 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, ENFORCEMENT AND PENALTIES,
AND DESIGNATING THE WHATCOM COUNTY SHERIFF AS THE RESPONSIBLE
AUTHORIZED AGENT FOR REGULATION AND ENFORCEMENT.
The motion carried.
PETITION FOR LOT LINE VACATION FILED BY KJELL -JON RYE
The public hearing was declared open in the matter of the
petition to vacate the lot line between lots 13 and 14, Division
#4 in the Plat of Lummi Island Scenic Estates, filed by Kjell -Jon
Rye.
There being no one present to speak, the public hearing was
closed.
Chairman Roehl noted that this item will be scheduled for
the Planning and Development Committee on May 28th.
APPEAL OF ASSESSOR'S DETERMINATION OF DESTROYED PROPERTY,
FILED BY PAUL GROH
Victor Battson, County Assessor, provided background infor-
mation on the appeal of the Assessor's determination of destroyed
property filed by Paul Groh.
Mr. Groh spoke in support of granting his appeal and provided
further documentation and pictures for the Council's review.
HANSEY MOVED TO UPHOLD THE PETITIONER'S APPEAL OF THE
ASSESSOR'S DETERMINATION OF DESTROYED PROPERTY.
The motion carried.
Whatcom County
May 16, 1985
Page 4
OPEN SESSION
Council Meeting;
Rod Hentz Asked a question about the
619 Trout Lake Dr. appeal procedure.
Randy Watts, Deputy Prosecuting Attorney, explained the
nature of the appeal process and the quasi - judicial status of
appeals.
Following discussion between Councilmembers and Mr. Hentz
and Mrs. Huber regarding appeals, Cole read the state statute
regarding appeals to legislative bodies.
Hugh Smith Stated that he didn't receive
629 Trout Lake Dr. the Hearing Examiner's notice
of public hearing until after the
hearing was held.
Following further discussion on appeals and the process,
the meeting was recessed at 8:35 p.m.
The meeting reconvened at 8:45 p.m.
FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES
RESOLUTION - EXTENSION OF AGREEMENT BETWEEN WHATCOM COUNTY
AND HARPER -OWES, PHASE 2, FERNDALE WASTEWATER TREATMENT
The resolution authorizing the County Executive to approve the
extension of an agreement for consulting services between Whatcom
County and Harper -Owes for completion of the engineering and
construction supervision of the Nor -Bell project, Phase 2, City of
Ferndale Wastewater Treatment Plant Improvements was hold in the
Finance Committee.
RESOLUTION - REQUESTING PLANNING COMMISSION TO BRING W.C.
COMPREHENSIVE PLAN INTO CONFORMITY WITH RES. #85 -17
Muenscher reported that the Planning and Development Committee
recommended denial of the resolution requesting the Planning Com-
mission to review the Whatcom County Comprehensive Plan in order
to bring it into conformity with Resolution No. 85 -17.
Cole spoke in support of the resolution.
Becker spoke in support of the resolution.
Following discussion on the resolution, JOHNSON MOVED TO
REFER THE RESOLUTION REQUESTING THE PLANNING COMMISSION TO REVIEW
THE WHATCOM COUNTY COMPREHENSIVE PLAN IN ORDER TO BRING IT INTO
CONFORMITY WITH RESOLUTION NO. 85 -17 BACK TO THE PLANNING AND
DEVELOPMENT COMMITTEE.
The. motion carried.
Whatcom County Council Meeting
May 16, 1985
Page 5
ORDINANCE TO REVISE CURRENT EXPENSE FUND, PUBLIC DEFENDER
Becker provided background information on the ordinance to
revise the 7.985 Whatcom County Current Expense Fund, Public
Defender's budget therein., She stated that the Finance Committee
recommended approval of the ordinance.
Chairman Roehl reported that the Public Defense Advisory
Committee had reviewed the ordinance and recommended funding
for the remainder of the year, although the ordinance as it is
presently written only provides funding through September, 1985.
Johnson spoke against the ordinance.
HANSEY MOVED TO AMEND THE ORDINANCE BY STRIKING THE
AMOUNT "$19,804.00" AND INSERTING IN ITS PLACE THE AMOUNT OF
"$10,000.00 ", WHICH IS THE AMOUNT OF THE PROFESSIONAL SERVICES
LINE ITEM.
Hansey spoke to the motion to amend.
Becker spoke against the motion to amend.
The motion to amend failed.
The ordinance passed (5 -2, Johnson, Hawley).
ORDINANCE AMENDING SETBACK REQUIREMENTS, W.C.C. 20.80
Muenscher stated that the Planning and Development'Committee
recommended approval of the ordinance amending the setback
requirements of the General Manufacturing Zone found in Whatcom
County Code 20.80.
MUENSCHER MOVED FOR FINAL ADOPTION OF THE ORDINANCE AMENDING
THE SETBACK REQUIREMENTS OF THE GENERAL MANUFACTURING ZONE FOUND
IN WHATCOM COUNTY CODE 20.80.
The motion carried.
ORDINANCE AMENDING TITLE 20.40 OF THE INTERIW ZONING ORD.
Cole left the meeting at this point due to a potential
conflict of interest.
Muenscher provided background information on the ordinance
amending Title 20.40 of the Interim Zoning Ordinance.
Chairman Roehl explained the ordinance further.
r
Whatcom County Council Meeting
May 16, 1985
Page 6
The ordinance amending Title 20.40 of the Interim Zoning
Ordinance passed (5 -1, Johnson - Cole abstained).
Cole returned to the meeting.
OTHER 13US I NESS
COUNCIL MEETING DATES FOR JULY AND AUGUST
HANSEY MOVED TO HOLD THE COUNCIL MEETINGS FOR JULY AND
AUGUST ON JULY 11 & 25, AND AUGUST 8 & 22.
Chairman Roehl noted that the reason for changing the
meeting dates was due to the 4th of July holiday falling on
the first Thursday of July.
The motion carried.
RECONSIDERATION OF VACATION OF LOWE AVENUE. FILED BY GRIFFIN
Chairman Roehl stated that this agenda item will be continued
to the June 6th meeting, as Mr. Griffin will be working with
Roger DeSpain of the Park Department on this matter.
CONSIDERATION OF OPEN SPACE APPLICATION FILED BY BILL ROBINS
Chairman Roehl read a letter. from Bill Robins regarding
his open space application for the golf course at Raspberry Ridge
(see attached).
Following discussion, COLE MOVED TO APPROVE THE OPEN SPACE
APPLICATION FILED BY BILL ROBINS WITH CONDITIONS FOR THE ENHANCE-
MENT OF PUBLIC RECREATIONAL OPPORTUNITIES ALONG THE SAME GENERAL
TERMS AS OUTLINED IN THE LETTER SUBMITTED BY BILL ROBINS TO THE
COUNCIL, AND THAT THE CHAIR OF THE COUNCIL BE AUTHORIZED TO ENTER
THOSE CONDITIONS WITH TIIE AGREEMENT OF THE APPLICANT.
The motion carried.
Chairman Roehl informed Mr. Robins that he would get together
with him and let him know what conditions have been imposed
on other golf course open space applications in the past, if any,
and work out the details with him.
CONSIDERATION OF MT. BAKER BANK APPLICATION FOR RESIDENTIAL
SUBDIVISIONS "SUDDEN VALLEY DIV. 37 & 38, AREAS R & P"
MUENSCIIER MOVED TO GRANT APPROVAL OF THE APPLICATION OF
MT. BAKER BANK TO CREATE RESIDENTIAL SUBDIVISIONS KNOWN AS
"SUDDEN VALLEY DIVISION 37 & 38, AREAS R & P ".
Muenscher reported that the Pl.anni.n�,, and Development
Committee recommended approval of the application.
Whatcom County Council Meeting
May 16, 1985
Page 7
The motion to approve the application of Mt. Baker Bank
to create residential subdivisions known as "Sudden Valley
Division 37 & 38, Areas R & P" carried.
CONSIDERATION OF BID AWARD FOR OFFICIAL NEWSPAPER
Becker reported that the Finance Committee recommended
awarding the contract to the "low bidder, Westside Record Journal.
BECKER MOVED TO AWARD THE BID FOR THE OFFICIAL NEWSPAPER
TO THE WESTSIDE RECORD JOURNAL.
The motion carried.
DISCUSSION ON DISCONTINUATION OF THE PUBLICATION OF
NOTICES OF HEARING BY WHATCOM COUNTY HEARING EXAMINER
Muenscher reported that the Planning and Development Committee
recommended approval of Air. Kintz' request to discontinue the
publication of notices of hearing. He reported that property
owners within 300' would be notified, as required by law.
Chairman Roehl explained the Hearing Examiner's request
further.
MUENSCHER MOVED TO APPROVE THE HEARING EXAMINER'S REQUEST
TO DISCONTINUE THE PUBLICATION OF NOTICES OF HEARING BY THE
WHATCOM COUNTY HEARING EXAMINER.
The motion carried.
The following agenda items were received and referred as
noted below:
1. Petition to vacate a lot line between lots 28 and
f 29, Division 3 in the Plat of Sudden Valley filed by
L. DeMarco (schedule public hearing 6/6; refer to
Planning and Development Committee)
2. Appeal to the Whatcom County Council to review , the
decision of the Hearing Examiner in the matter of
A.A. 2 -85, filed by Bernd and Joann Meller (place
on file until transcript received)
3. Appeal to the Whatcom County Council to review the
decision of the Hearing Examiner in the matter of
C.U. 10 -85, filed by Larry and Lynne Goolsby (place
on file until transcript received)
4. Correspondence regarding signage of Whatcom County
as a nuclear free zone, received from Lisa Neulicht
(refer to Pubic Services Committee)
Whatcom County Council Meeting
May 16, 1985
Page 8
INTRODUCTION OF RESOLUTIONS AND ORDINANCES
Chairman Roehl noted that there would be 9 items added
to the agenda under "Int.roduction of Resolutions and Ordinances ",
those items numbered 5-13.
RESOLUTION - CONTRACTUAL AGREEMENT WITH HARPER -OWES
PHASE 3, CEDARVILLE LANDFILL LEACIiATE CONTROL FACILITIES
Becker stated that this resolution had been held in the
Finance Committee.
RESOLUTION - AMENDING PT. ROBERTS WATER DISTRICT 4'S
COMPREHENSIVE PLAN
MUENSCHER MOVED TO INTRODUCE AND ADOPT A RESOLUTION AMENDING
THE POINT ROBERTS WATER DISTRICT NO. 4'S COMPREHENSIVE PLAN.
The motion carried.
The following agenda items were introduced by consent and
referred as noted below:
1. Ordinance amending the IrDterim Zoning Ordinance, as
well as the Official Zoning Ordinance with regards
to fees charged for variance, conditional use or
simultaneous,variance and conditional use application
with regards to fees charged for application of notices
(refer -to Planning and Development Committee)
2. Ordinance adopting a new title 21 which will revise
the subdivision regulations to provide for binding site
plans, consistent with state law and county plans and
zoning standards; and to modify various sections reflec-
tive of current subdivision administration and practices
(refer to Planning and Development Committee)
3. Ordinance creating new title to Whatcom County Code
entitled Guide Meridian Improvement Plan Controls
entitled Whatcom County Code 22 (schedule public hearing
6/6, refer to Planning and Development Committee)
4. Ordinance amending Whatcom County Code 12.08, the Develop-
ment standards for Whatcom County (schedule public
hearing 6/6, refer to Planning and Development Committee)
5. Ordinance amending Whatcom County Code Section 20.62 to
amend the General Commercial District to take into
consideration the Guide Meridian Improvement Plan
(schedule public hearing 6/6, refer to Planning and
Development Committee)
Whatcom County Council Meeting;
May 16, 1985
Page 9
6. Ordinance amending Whatcom County Code Chapter 20.66
regarding property within the Guide Meridian Improve-
ment Plan (schedule public hearing 616, refer to Planning
and Development Committee)
7. Ordinance amending Whatcom County Code Chapter 20.80
regarding property located in the Guide Meridian
Improvement Plan (schedule public hearing 6/6, refer
to Planning and Development Committee)
8. Ordinance amending the Urban Fringe Subarea as established
in Ordinance, No. 84 -37 (schedule public hearing 6/6,
refer to Planning and Development Committee)
9. Ordinance in -the matter of amending Section 2.24.770
of the Whatcom County Interim,,,Zoning; Ordinance providing
for the Hearing; Examiner to make final decisions on
preliminary plats (refer to Planning and Development
Committee)
10. Ordinance in the matter of amending Section 20.92 of the
Official Whatcom County Zoning Ordinance providing for
the Hearing Examiner to make final decisions on prelimin-
ary plats (refer to Planning and Development Committee)
RESOLUTION - DIRECTING COUNTY ENGINEER TO MAKE INVESTIGATION
AND FINDINGS REGARDING PROPOSED SUMAS RIVER D.I.D.
JOHNSON MOVED TO INTRODUCE AND ADOPT A RESOLUTION PURSUANT
TO RCW 85 -08 DIRECTING THE WIIATCOM COUNTY ENGINEER TO MAKE AN
INVESTIGATION AND FINDINGS REGARDING THE PROPOSED SUMAS RIVER
DRAINAGE IMPROVEMENT DISTRICT.
Chairman Roehl explained the background on the ordinance.
The motion carried.
HAWLEY MOVED TO REFER THE RESOLUTION AUTHORIZING THE COUNTY
EXECUTIVE TO ENTER INTO A CONTRACTUAL AGREEMENT FOR PHASE III
CONSULTING SERVICES BETWEEN WHATCOM COUNTY AND HARPER -OWES FOR
DESIGN AND CONSTRUCTION OF CEDARVILLE LANDFILL LEACIIATE CONTROL
FACILITIES TO THE COMMITTEE OF THE WHOLE.
Hawley spoke to the motion.
Hawley withdrew his motion.
The meeting.; was adjourned at 9:38 p.m.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASIIINGTOI4
ATTEST:
� William P. Roehl
Carol Ebergson
Chairman
Clerk of the Council