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HomeMy WebLinkAboutCounty Council for May 2 1985El OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL Minutes -- May 2, 1985 The Whatcom County Council meeting was called to order at 7:35 p.m. by Chairman Roehl with all members present. MINUTES The minutes of the April 18, 1985 Council meeting were approved as written. SPECIAL PRESENTATION JOHNSON MOVED TO INTRODUCE AND ADOPT A RESOLUTION DECLARING THE MONTH OF MAY 1985 AS OLDER AMERICANS DIONTH AND URGING ALL WI:ATCOM COUNTY CITIZE14S TO PARTICIPATE IN THE OBSERVANCE. The motion carried unanimously. Chairman Roehl noted that there would be another item added to the agenda under "Other Business" as noted below: 9. Consideration of the appeal filed by Stephen Reich of the Hearing Examiner's decision on application number C.J. 49 -84, conditional use permit, and V..26 -84, zoning variance. EXECUTIVE ITEMS COUNCIL CONFIRMATION - BOARD APPOINTMENTS Executive Van Zanten explained the background information on the Board appointments as listed below: a. Whatcom County Rural. Library Board - Appointment of V. Frances Protzeller to complete the term of Calvin Roper, term to expire 12- 31 -85. b. County Appeals to a three -year of Scott Walker new appointment immediately and Lorne Jensen to on 12- 31 -86. Board - Reappointment of Bernie Bovenkamp term from 1 -1 -85 to 12- 31 -87; reappointment to a three -year term from 1 -1 -85 to 12- 31 -87; of William Bennett to a term effective endinv on 12- 31 -86, and new appointment of a term effective immediately and ending Council Minutes May, 2 , 1985 Page 2 Council Confirmation, Board Appointments, continued C. Bellingham /Whatcom County Housing Authority - Confirmation of Bellingham's reappointment of Hortense Westerman to a second term expiring on 4- 18 -90. COLE MOVED TO CONFIRM THE ABOVE - MENTIONED APPOINTMENTS, TO THE WHATCOM COUNTY RURAL LIBRARY BOARD, THE COUNTY APPEALS BOARD AND THE BELLINGHAM /WHATCOM COUNTY HOUSING AUTHORITY. The motion carried unanimously. REQUEST FOR APPROVAL OF BIDDER'S LIST, SUPPLY OF ASPHALTIC EMULSIONS Executive Van Zanten explained the background information on the request for approval of the bidder's list for the supply of asphaltic emulsions. Becker reported that the Finance Committee recommended approval. BECKER MOVED TO APPROVE THE BIDDER'S LIST FOR THE SUPPLY OF ASPHALTIC EMULSIONS. The motion carried unanimously. FIRST QUARTER BUDGET REPORT Executive Van Zanten distributed copies of the First Quarter Budget Report dated May 1, 1985 (see copy attached) and gave a summary of the report. HEARINGS DECLARING COUNTY -OWNED EQUIPMENT SURPLUS, WASHING AND SCREENING PLANT. BARBER -GREEN MODEL #48 -SSG -G. SERIAL #48Y111 The public hearing was declared open in the matter of declaring County -owned equipment surplus, described as .follows: a washing and screening plant, Barber -Green model #48- SSG -G, serial #48Y111. No one was present to speak at the hearing, and the hearing was declared closed. Becker reported that the Finance Committee recommended approval of declaring the equipment surplus. BECKER D40VED TO DECLARE THE FOLLOWING COUNTY- OWNED-EQUIPMENT SURPLUS: A WASIIING AND SCREENING PLANT, BARBER -GREEN MODEL #48 -SSG -G SERIAL #48Y111. The motion carried unanimously. Coa.}neil DIinutes Alay 2, 1985 Page 3 HEARINGS, continued ORDINANCE AMENDING NON - EXCLUSIVE FRANCHISE GRANTED TO DELTA CABLEVISION The public hearing was declared open in the matter of the ordinance amending the non - exclusive franchise granted to Delta Cablevision. Cole reported that the Public Services Committee recommended approval of the ordinance. Stan Thomas, President Delta Cablevision Cole explained the process. Asked a question as to the process that should be followed to request a rate increase. Being that no one else was present to provide testimony, the public hearing was closed. COLE MOVED FOR FINAL ADOPTION OF THE ORDINANCE AMENDING THE NON - EXCLUSIVE FRANCHISE GRANTED TO DELTA CABLEVISION. The motion carried unanimously. ORDINANCE AMENDING THE LUDIMI ISLAND COPIPR.EHENSIVE PLAN The public hearing was declared open in the matter of the ordinance amending the Lummi Island Comprehensive Plan. No one was present to give testimony. The public hearing was closed. MUENSCHER MOVED FOR FINAL ADOPTION OF THE ORDINANCE AMENDING THE LUMMI ISLAND COMPREHENSIVE PLAN. Muenscher reported that the Planning and Development, Committee had recommended approval of the ordinance. The motion carried unanimously. PETITION, LOT LINE VACATION. FILED BY DOUG & DIANE FRASER The hearing was declared open in the matter of the petition requesting that the lot line be vacated between lots 69 and 70, Block 13, Division 8, Plat of Paradise Lakes Country Club, filed by Doug and Diane Fraser. No one was present to give testimony. The public hearing was closed. MUENSCHER MOVED TO APPROVE THE PETITION VACATING THE LOT LINE BETWEEN LOTS 69 AND 70, BLOCK 13, DIVISION 8, PLAT OF PARADISE LADES COUNTRY CLUB FILED BY DOUG AND DIANE FRASER, PROVIDED THAT THE PETITIONERS UNDERSTAND THAT THE TWO LOTS BECOME ONE UNDIVIDED' LOT FOR FUTURE USE AND POSSIBLE SALE. Council Minutes May 2, 1985 Page 4 Chairman Roehl raised a question about the ownership of lot 69. Mr. and Mrs. Fraser, who were present at the meeting, confirmed that they did own both lots. The motion to approve the lot line vacation between lots 69 and 70, Block 13, Division 8, Plat of Paradise Lakes Country Club carried unanimously. OPEN SESSION Robert Frost Raised a question on the County's 5602 Guide Meridian purchasing procedures; spoke in support of the County awarding; bids to local businesses. Chairman Roehl explained the County's purchasing procedures and the bid process to Pair. Frost. Max Costner Distributed a resume for the 6512 Northwest Road Planning Commission position which he had been nominated to; spoke on why he would like to be appointed. OTHER BUSINESS APPOINTMENT TO THE'PLANNING COMMISSION A roll call vote was taken, and the results were: Costner, 3; Lindquist, 3, and Durham, 1. The meeting was recessed at 8:20 p.m. The meeting reconvened at 8:30 p.m. A second roll call vote was taken, and the results were: Costner, 3; Lindquist, 3, and Durham, 1. A third roll call vote was taken, and the results were: Costner, 4; Lindquist, 1, and Durham, 2. Max Costner was appointed to the Planning Commission. CONSIDERATION OF PETITION FOR ROAD VACATION, LOWE AVENUE, FILED BY DONALD GRIFFIN Chairman Roehl explained the background on the request for the vacation of a portion of Lowe Avenue filed by Donald Griffin. Roger DeSpain, Parks Director, spoke in support of maintaining an easement for possible development of a trail in the future. Council Minutes May 2, 1985 Page 5 MUENSCHER MOVED TO GRANT THE VACATION OF LOWE AVENUE FOR VEHICULAR PURPOSES BUT REQUIRE THE APPLICANT TO GRANT TO WHATCOM COUNTY A 20 -FOOT WIDE EASEMENT FOR PEDESTRIAN AND DRAINAGE PURPOSES ONLY. Muenscher spoke to the motion. Chairman Roehl restated the motion. COLE IMOVED TO AMEND THE MOTION WITH THE FOLLOWING: ADD THE WORDS "IN CONSIDERATION OF THE PUBLIC BENEFITS RETAINED, THE PETITIONER SHALL BE CHARGED ONE -HALF (1/2) OF THE FAIR MARKET VALUE TO EFFECT THE VACATION." Chairman Roehl restated the amendment. Becker spoke against the motion to amend. Cole withdrew his motion to amend. BECKER MOVED TO AMEND THE MOTION WITH THE FOLLOWING: ADD THE WORDS "AND REMAND THE DETERMINATION OF THE FAIR MARKET VALUE OF THE PARCEL BACK TO THE ENGINEER TO REDUCE BY WHATEVER FACTOR HE FEELS TO BE APPROPRIATE, IN VIEW OF THE FACT THAT WE HAVE SOMEWHAT DIMINISHED THE FAIR MARKET VALUE BY RETAINING AN EASEMENT." Chairman Roehl stated that the two motions would be considered separately. Muenscher's motion carried. Becker's motion carried. CONSIDERATION OF OPEN SPACE APPLICATIONS - MILNE, ILLMAN & TILLEY Muenscher explained the process for consideration of the open space applications filed by Milne, Illman and Tilley. Randy Watts, Deputy Prosecuting Attorney, stated that if the Council denied these petitions, the appeal would be to the Superior Court. Muenscher read a statement from Mr. Milne into the record (see attached). Muenscher also spoke in support of upholding the Planning Commission's recommendation and denying the applications. MUENSCHER MOVED THAT THE COUNCIL CONCUR WITH THE PLANNING COMMISSION RECOMMENDATIONS IN THE MATTER OF THE OPEN SPACE APPLICA- TIONS FILED BY EARL MILNE, LARRY W. ILLMAN AND JOHN & JUDY TILLEY. Chairman Roehl stated that he would not vote on this issue due to the fact that one of the applicants is his client. , Council Minutes May 2, 1985 Page 6 Hawley spoke against the motion. Each application was voted on individually, by roll call vote, and the results were as follows: Milne, Planning Commission's recommendations upheld, application denied, 4 -3 vote, (Hansey, Johnson, Hawley) Illman, Planning Commission's recommendations upheld, application denied, 6 -1 vote, ( Hawley ) Tilley, Planning Commission's recommendations upheld, application denied, 6 -0 -1 abstention. ( Roehl abstained) CONSIDERATION OF OPEN SPACE APPLICATION FILED BY BILL ROBINS Muenscher reported that the Planning and Development Committee recommended approval and concurred with the Planning Commission. Following discussion, COLE MOVED TO REFER THE OPEN SPACE APPLICATION FILED BY BILL ROBINS BACK TO THE PLANNING AND DEVELOPMENT COMMITTEE FOR RE- EXAMINATION. Roehl spoke in support of the motion. The motion carried. The following agenda items were referred as noted below: 1. Petition for lot line vacation between lots 16, 17 and 18 Division 6, Plat of Lummi Island Scenic Estates, filed by Robert and Janet Kloc (referred to Planning and Development Committee, scheduled public hearing for 6/6) 2. Petition to change the plat of Sandy Point .shores, lots 22 -32, Division 1, filed by Marian Eicher, et al (referred to Planning and Develooment, scheduled public hearing for 6/6) REQUEST FROM LAKE SAMISH TV CABLE FOR RATE INCREASE HAWLEY MOVED TO REFER THE REQUEST FROM LAKE SADIISH TV CABLE FOR A RATE INCREASE TO THE RATE REVIEW BOARD. The motion carried. The following agenda items were also referred as noted below: 1. Appeal of the Assessor's determination for reduction of assessments on destroyed real or personal property, filed by Paul C. Groh (schedule rearing for 5/16/85, referred to Public Services Committee) Council Minutes May 2, 1985 Page 7 2, Hearing Examiner recommendations regarding the Findings and Conclusion of the application of Mt. Baker Mutual Savings Bank to create a residential subdivision known as t°udden Valley Division 37 and 38, Areas P and R" (referred to Planning and Development) CONSIDERATION OF THE APPEAL FILED BY STEPHEN REICH. C.U. 49 -84. V. 26 -84 MUENSCHER MOVED THAT TIDE COUNCIL REVERSE THE HEARING EXAMINER'S DECISION AND REMAND IT BACK TO HIM FOR IMPOSITION OF CONDITIONS. Muenscher spoke to the motion. Becker spoke against the motion. Cole spoke in support of the motion. The motion carried (6 -1, Becker). APPEAL FILED BY SCHOLTEN AND ESIIUIS Becker spoke in support of the Hearing Examiner drafting a document for Council consideration that would allow the Council to receive some interim guidance relating to this issue. Chairman Roehl spoke in support of having him meet with the Planning and Development Committee and going into greater detail with them. He also asked that the Chairman of the Planning and Development Committee meet with Campbell Kintz to work out the arrangements. INTRODUCTION OF RESOLUTIONS AND ORDINANCES Hansey left the meeting at this point. RESOLUTION - EXTENSION OF AGREEMENT FOR CONSULTING SERVICES HARPER -OWES, NOR -BELL PROJECT, PHASE 2 Becker reported thaL the finance Committee recommended approval of the resolution. BECKER MOVED TO INTRODUCE AND ADOPT 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 WASATEWATER TREATMENT PLANT IMPROVEMENTS. Becker spoke to the motion. Following discussion between Coun cilmembers and Paul Rushing, Director of Public Works, BECKER MOVED TO REFER THIS RESOLir;TION BACK TO THE FINANCE COMMITTEE. Council Minutes May 2, 1985 Page 8 Becker spoke to the motion to refer this matter back to the Finance Committee. Roehl spoke in support of the motion. The motion to refer the resolution back to the Finance Committee carried. Hansey returned to the meeting. RESOLUTION - CONTRACT WITH FOSS SHIPYARD, DRYDOCKING AND REPAIRS TO COUNTY -OWNED FERRY Cole abstained from participation in this matter. BECKER MOVED TO INTRODUCE AND ADOPT THE RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT WITH FOSS SHIPYARD, A DIVISION OF FOSS LAUNCH AND TUG COMPANY, FOR DRYDOCKING AND REPAIRS TO THE COUNTY -OWNED FERRY (WHATCOM CHIEF) IN THE AMOUNT OF $85,851.17, INCLUDING STATE SALES TAX. Becker reported that the Finance Committee recommended approval of the resolution. The motion carried. The following ordinances were introduced by consent and referred as noted below: 1. Ordinance amending the setback requirements of the General Manufacturing zone found in Whatcom County Code 20.80 .(referred to Planning and Development Committee) 2. Ordinance to revise the 1985 Whatcom County Current Expense Fund, Public Defender's budget therein (referred to Finance Committee) 3. Ordinance amending Title 20.40 of the Interim Zoning Ordinance (referred to Planning and Development Committee) BECKER MOVED TO INTRODUCE AND ADOPT A RESOLUTION (untitled). Becker read the resolution and spoke to the motion. Roehl spoke against the motion. HANSEY MOVED TO REFER BECKER'S RESOLUTION TO THE PLANNING AND DEVELOPMENT COMMITTEE. Johnson spoke in support of the Hansey motion to refer. Council Minutes May 2, 1985 Page 9 The motion to refer Becker's resolution to the Planning and Development Committee carried. REPORTS AND OTHER ITEMS OF CONCERN FROM COUNCILMEMBERS Chairman Roehl announced that the May 16th Council meeting will be held at the Library of the Mt. Baker High School in Deming. HAWLEY MOVED TO REFER A LETTER DATED APRIL 30, 1985 FROM AN ANONYMOUS CITIZEN REGARDING THE PROSECUTING ATTORNEY'S OFFICE TO THE FINANCE COMMITTEE. The motion carried. The meeting was adjourned at 9:55 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON William P. Roehl Chairman ATTEST.- Cdi oI E ergson Clerk o the Council