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HomeMy WebLinkAboutCounty Council for September 19 1985WHATCOM COUNTY COUNCIL Minutes -- Thursday, September 19, 1985 The Whatcom County Council was called to order at 7:35 p.m. by Chairman Roehl with all members present. EXECUTIVE ITEMS OVERLIMIT TRANSFERS:_ NORTHWEST WASHINGTON FAIR FUND, EQUIPMENT _REN_T LL_1_REVOLVING FUND,_ AND THE REAL ESTATE EXCISE TAX (REET) FUND Executive Van Zanten explained the background on the requests for overlimit transfers in the following funds: 1. Northwest Washington Fair Fund in the amount of $25,000.00 2. Equipment Rental and Revolving Fund in the amount of $85,000.00 3. Real Estate Excise Tax (BEET) Fund in the amount of $34,524.00 Becker reported that the Finance Committee recommended approval of all three transfers. BECKER MOVED TO APPROVE THE FOLLOWING OVERLIMIT TRANSFERS: 1. Northwest Washington Fair Fund in the amount of $25,000.00 2. Equipment Rental and Revolving Fund in the amount of $85,000.00 3. Real Estate Excise Tax (REET) Fund in the amount of $34,524.00 The motion carried. PPLICATIONS FOR LIQUOR LICENSES: LUMMI LIQUOR WAREHOUSE AND LA HACIENDA RESTAURANT Executive Van Zanten explained the background on the applications for liquor licenses for the following: 1. Class E,F license at Lummi Liquor Warehouse, 2616 Kwina Road, Bellingham, filed by William E. Jones, James J. Wilson and Gerald I. James 2. Class A,C license at La Hacienda Restaurant, 5896 Guide Meridian, Bellingham, filed by Ruse M. Lopez and Gustavo Olivo Whatcom County Council Minutes - September 19, 1985 Page 2 Cole reported that the Public Services Committee had reviewed both applications and recommended approval of both liquor license applications. COLE MOVED TO APPROVE THE FOLLOWING LIQUOR LICENSE APPLICA- TIONS: 1. Class E,F license at Lummi Liquor Warehouse, 2616 Kwina Road, Bellingham, filed by William E. Jones, James J. Wilson and Gerald I. James 2. Class A,C license at La Hacienda Restaurant, 5896 Guide Meridian, Bellingham, filed by Rose M. Lopez and Gustavo Olivo The motion carried. REPORT OF THE EXECUTIVE Executive Van Zanten distributed a report on the PBX phone system dated September 16, 1985 (see attached) and explained the background on the status of the phone system. Following discussion, it was suggested that this item be discus- sed in the Joint City /County Finance Committee meeting that will be scheduled in the near future. _' The public hearing was declared open in the matter of the petition for lot line vacation between lots 47 and 48, Division 12 in the Plat of Sudden Valley, according to plats recorded in Volume 16 of Plats, pages 112 -115, filed by Mr. and Mrs. Courville. There was no one present to speak, and the public hearing was closed. Muenscher reported that the Planning and Development Committee recommended approval of the petition filed by Mr. and Mrs. Courville. MUENSCHER MOVED TO APPROVE THE PETITION FOR LOT LINE VACATION BETWEEN LOTS 47 AND 48, DIVISION 12, IN THE PLAT OF SUDDEN VALLEY, FILED BY MR. AND MRS. COURVILLE. The motion carried. PETITION FOR LOT LINE VACATION. FILED BY CHAPMAN The public hearing was declared open in the matter of the petition for lot line vacation between lots 345 and 346, Division Whatcom County Council Minutes - September 19, 1985 Page 3 22 in the Plat of Sudden Valley, according to plats recorded in Volume 11 of Plats, pages 57 -61, filed by Mr. and Mrs. Chapman. There was no one present to speak, and the public hearing was closed. Muenscher reported that the Planning and Development Committee recommended approval of the petition filed by Mr. and Mrs. Chapman. MUENSCHER MOVED TO APPROVE THE PETITION FOR LOT LINE VACATION BETWEEN LOTS 345 AND 346, DIVISION 22, IN THE PLAT OF SUDDEN VALLEY, FILED BY MR. AND MRS. CHAPMAN. The motion carried. IN THE MATTER OF DECLARING SURPLUS 23 COUNTY -OWNED VEHICLES The public hearing was declared open in the matter of declaring surplus twenty -three (23) County -owned vehicles. There was no one present to speak, and the public hearing was closed. Becker reported that the Finance Committee had reviewed the amended list of surplus County -owned vehicles and recommended approval of the amended list. BECKER MOVED TO DECLARE THE TWENTY -THREE (23) COUNTY -OWNED VEHICLES SURPLUS AS NOTED ON THE AMENDED LIST (SEE ATTACHED). The motion carried. f IN THE MATTER OF ,RU(�ALR_1V§__BURPLUS AN R.LCAR MOBILE HOME The public hearing was declared open in the matter of declaring surplus an Elcar mobile home, as requested by the Parks Department. There was no one present to speak, and the public hearing was closed. Becker reported that the Finance Committee had reviewed the requestby the Parks Department to declare an Elcar mobile home surplus and recommended approval, with a minimum bid for the mobile home to be set at $10,000.00. BECKER MOVED TO DECLARE THE ELCAR MOBILE HOME SURPLUS, WITH A MINIMUM BID FOR THE MOBILE HOME TO BE SET AT $10,000.00. The motion carried. OPEN SESSION There was no one present to speak at open session. Whatcom County Council Minutes - September 19, 1985 Page 4 FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCEP ORDINANCE AMENDING AUDITOR'S BOND Becker reported that this ordinance had been held in the Finance Committee. ORDINANCE TO REVISE THE 1985 VETERANS' RELIEF FUND BUDGET Becker reported that the Finance Committee recommended approval of the Ordinance to revise the 1985 Veterans' Relief Fund budget. BECKER MOVED FOR FINAL ADOPTION OF THE ORDINANCE TO REVISE THE 1985 VETERANS' RELIEF FUND BUDGET. Becker spoke to the motion and explained the background on the ordinance. Following discussion on the ordinance, the motion carried. ORDINANCE ADOPT ING_A .B2Ey_1 D 1985_BUDGET FOR THE REFERENDA 37 CONSTRUCTION FUND, CAPITAL EQUIPMENT FOR WORKSHOP TRAINING CENTER AND WHATCOM COUNSELING AND PSYCHIATRIC CLINIC Becker reported that the Finance Committee recommended approval of the ordinance adopting a revised 1985 budget for the Referendum 37 Construction Fund for the purpose of providing capital equipment to the Workshop Training Center and the Whatcom Counseling and Psychia- tric Clinic. BECKER MOVED FOR FINAL ADOPTION OF THE ORDINANCE ADOPTING A REVISED 1985 BUDGET FOR THE REFERENDUM 37 CONSTRUCTION FUND FOR THE PURPOSE OF PROVIDING CAPITAL EQUIPMENT TO THE WORKSHOP TRAINING CENTER AND THE WHATCOM COUNSELING AND PSYCHIATRIC CLINIC. Becker spoke to the motion and explained the background on the ordinance. The motion carried. DI ANC9_ MA ENDING BUILDINQ HFIG ]TD 'I�1IT10�1�5_ 1 1D RD�ULA- TIONS OF TITLE 20 AND W.C.C. 2.24 Muenscher asked Donovan Kehrer, Deputy Administrator of the Bureau of Building and Codes Administration, to explain the background on the ordinance amending the building height definitions and regula- tions of Title 20, the Official Whatcom County Zoning Ordinance, and Whatcom County Code 2.24, the Interim Zoning Ordinance. Whatcom County Council Minutes - September 19, 1985 Page 5 Donovan Kehrer explained the background on the ordinance. There was discussion on the ordinance. MUENSCHER MOVED FOR FINAL ADOPTION OF THE ORDINANCE AMENDING THE BUILDING HEIGHT DEFINITIONS AND REGULATIONS OF TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, AND WHATCOM COUNTY CODE 2.24, THE INTERIM ZONING ORDINANCE. The motion to adopt the ordinance carried. OTHER BUSINESS CONSIDERATION OF HEARING EXAMINER'S DECISION ON DEMAND OF ZONING CONDITIONAL USE PERMIT APPLICATION OF THE FIRST SPIRITUALIST CHURCH Chairman Roehl explained the background on the appeal and subsequent remand to the Hearing Examiner in the matter of the conditional use permit application of the First Spiritualist Church. Muenscher reported that the Planning and Development Committee had revibwed the Hearing Examiner's decision on remand, and that the Committee had recommended that t-he Hearing Examiner and counsel review the remand decision and correct some of the conditions (see attached). There was discussion on the application of the First Spiritualist Church. MUENSCHER MOVED TO UPHOLD THE HEARING EXAMINER'S DECISION, WITH THE CORRECTED CONDITIONS AS NOTED IN THE MEMORANDUM DATED SEPTEMBER 16, 1985, FROM RANDALL J. WATTS. The motion carried. CONSIDERATION OF THE HEARING EXAMINER'S DECISION ON REMAND OF ZONING CONDITIONAL USE PERMIT APPLICATION OF SCHOLTEN AND ESHUIS ROOFING Muenscher explained that the Planning and Development Committee had no recommendation for the Council in the matter of the Hearing Examiner's decision on the remand of the zoning conditional use permit application of Scholten and Eshuis Roofing. MUENSCHER MOVED TO UPHOLD THE HEARING EXAMINER'S DECISION ON REMAND OF THE ZONING CONDITIONAL USE PERMIT APPLICATION OF SCHOLTEN AND ESHUIS ROOFING. There was discussion on the motion. Whatcom County Council Minutes - September 19, 1985 Page 6 The motion to uphold the Hearing Examiner's decision on remand of the zoning conditional use permit application of Scholten and Eshuis Roofing carried. CONSIDERATIOA1_OF_THE_APPEAL TO THE WHATCOM CO UNTY D -UNSIE FILED BY NATI- OAL_ApYRRT�.��COMPANX Chairman Roehl explained the background on the appeal "to review the Hearing Examiner's decision,Af a zoning conditional use permit and variance application of National Advertising Company. Cole abstained from voting and did not participate in the discussion. HAWLEY MOVED TO UPHOLD THE HEARING EXAMINER'S DECISION IN THE MATTER OF THE ZONING CONDITIONAL USE PERMIT AND VARIANCE APPLICA- TIONS OF NATIONAL ADVERTISING COMPANY. Muenscher spoke in support of the motion. Hansey spoke against the motion. Chairman Roehl spoke in support of the motion. The motion carried. CONSIDERATION OF PLANNING COMMISSION'S RECOMMENDATION S_ ON A PPL I ATTO.NS '02 _QPEN _5PACE: _.9- -j NSON._B. SMITH, R. VAN EGDOM,_E. JOHNSON, A, O B, � ORNEs_Ps_CAMPBELL Muenscher explained the background on the Planning Commis- sion's recommendations on the following applications for Open Space: S. Johnson, B. Smith, R. Van Egdom, E. Johnson, A. Osborne, and P. Campbell. MUENSCHER MOVED TO APPROVE THE PLANNING COMMISSION'S RECOMMENDA- TIONS ON THE APPLICATIONS FOR OPEN SPACE FILED BY S. JOHNSON, B. SMITH, R. VAN EGDOM, E. JOHNSON, A. OSBORNE, AND P. CAMPBELL. The motion carried. CONSIDERATION _QF_H1P_ E§TBR.N_. C9 4i4B IhL BA. NK I PURCHASE WHATCOM COUNTY RID #6 BONDS Becker reported that the Finance Committee recommended denial of the bid of Northwestern Commercial Bank to purchase Whatcom County Road Improvement District #6 bonds. Becker explained the background on the Finance Committee's recommendation. Whatcom County Council Minutes - September 19, 1985 Page 7 Hansey explained the motion and recommendation that the Finance Committee had passed. BECKER MOVED TO REJECT THE BID OF NORTHWESTERN COMMERCIAL BANK TO PURCHASE WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT #6 BONDS AND TO ASK THE ADMINISTRATION TO BRING BEFORE''TD E COUNCIL AN ALTERNATIVE METHOD O,F FINANCING THE RID #6 BONDS THROUGH AN INTERFUND LOAN. Yi n Becker spoke to the motion, There was discussion on the motion. The motion to reject the bid and request the administration to propose an alternative method of finance the RID #6 bonds carried. RESIGNATION OF ERNEST MADSEN FROM WATER DISTRICT #15, AND REQUEST TO DISSOLVE WATER DISTRICT #15 Chairman Roehl stated that the resignation of Ernest Madsen from Water District #15 would be accepted by consent, and,the request to dissolve Water District #15 would be received and referred to the Public Services Committee by consent. INTRODUCTIQN_QE RCS LUTI .NS- AND_.QRQINANCE,9 Chairman Roehl stated that there would be two additional resolu- tions and an emergency ordinance added to the agenda under "Introduc- tion of Resolutions and Ordinances ": 9. A resolution declaring the intent of the County Council to sponsor a state Community Economic Revitali- zation Board loan for the purpose of financing infra- structure within stage one of Cordata Mixed Use Business Park to further economic development within Whatcom County, and authorizing the County Executive to submit an applica- tion for a low interest loan to the Community Economic Revitalization Board and enter into an interlocal agreement with the City of Bellingham. 10. A resolution declaring the intent of the County Council to support annexation of Stage 1 of Cordata Business Park, a mixed use business park located west of Guide Meridian Road, north of Bakerview Road and south of Horton Road. 11. An emergency ordinance,.to revise the 1985 Current Expense Fund, Jail Budget therein. Whatcom County Council Minutes - September 19, 1985 Page 8 RESOLUTION IN THE MATTER OF CANCELLATION OF UNCOLLECTIBLE PERSONAL PROPERTY TAXES MORE THAN FOUR YEARS DELINQUENT BECKER MOVED TO INTRODUCE AND ADOPT THE RESOLUTION IN THE MATTER OF CANCELLATION OF UNCOLLECTIBLE PERSONAL PROPERTY TAXES MORE THAN FOUR YEARS DELINQUENT. BECKER MOVED TO AMEND THE RESOLUTION BY DELETING "BUSINESS PULSE" FROM EXHIBIT "A" OF' THE RESOLUTION. Cole stated that Business Pulse was still in business, and that their mailing address was P.O. Box 1295, Bellingham. The motion to amend carried. The motion to adopt the resolution as amended carried. It was requested that the Treasurer be notified of the current business address of "Business Pulse ". RESOLUTION E PRESERYATION AND ACQUISITION I ACCESS TO THE USE OF' THE SHORELINES OF WHATCOM COUNTY COLE MOVED TO INTRODUCE AND ADOPT THE RESOLUTION ON THE PRESERVA- TION AND ACQUISITION OF PUBLIC ACCESS TO THE USE OF THE SHORELINES OF WHATCOM COUNTY. Cole stated that the Public Services Committee had reviewed the resolution and recommended approval. Cole spoke to the motion. There was discussion on the resolution. The motion to adopt the resolution on the preservation and acquisition of public access to the use of the shorelines of Whatcom County carried. RESOLUTION IN THE MATTER'OF THE ABANDONMENT AND VACATION OF A PORTION OF HUNTLEY ROAD, COUNTY ROAD NO_, 699, IN ,SECTION 3, TOWNSHIP 38 NORTH, RANGE 3 EAST, W.M. The resolution in the matter of the abandonment and vacation of a portion of Huntley Road, County Road No. 699, in Section 3, Township 38 North, Range 3 East, W.M. was introduced by consent and referyred to the Planning and Development Committee. A public hearing will be scheduled for October 17, 1985. Whatcomibounty Council Minutes - September 19, 1985 Page 9 RESOLUTION AMENDING RESOLUTION NO. 84 -39, REPAYMENT OF THE COMMUNITY ECONOMIC REVITALIZATION BOARD LOAN BECKER MOVED TO INTRODUCE AND ADOPT THE RESOLUTION AMENDING RESOLUTION NO. 84 -39, PASSED THE 1ST DAY OF NOVEMBER, 1984 IN THE MATTER OF REPAYMENT OF THE COMMUNITY ECONOMIC REVITALIZATION BOARD LOAN. Becker spoke to the motion. The motion carried. RESOLUTION STATING THE POSITION OF TIJE WHATCOM COUNTY COUNCIL REGARDINQ HOUSE INT RESOLUTION 23 COMMUNITY REDEVELOPMEN FINANCING COLE MOVED TO INTRODUCE AND ADOPT THE RESOLUTION STATING THE POSITION OF THE WHATCOM COUNTY COUNCIL REGARDING HOUSE JOINT RESOLU- TION 23, COMMUNITY REDEVELOPMENT FINANCING. Cole asked that Wayne Schwandt, Fourth Corner Development Council, brief the Council on House Joint Resolution 23. Wayne Schwandt explained the background and studies related to House Joint Resolution 23. There was discussion on the resolution. The motion to adopt the resolution carried. The following ordinances were introduced by consent and referred as noted below: 6. Ordinance to revise the -1985 Current Expense Fund, Jail Budget therein (referred to Finance) 7. Ordinance amending Whatcom County Code 2.68, the Ordinance establishing policy and regulations governing the administration of County -owned parking areas by estab- lishing fees for public parking on County -owned parking areas (referred to Finance; schedule public hearing for October 3, 1985) 8. Ordinance adopting a revised 1985 budget for the Community Economic Revitalization Board (C.E.R.B.) Fund (Draft dated 9- 13- 85)(referred to Finance) Whatcom County Council Minutes - September 19, 1985 Page 10 RESOLUTION - DECLARING INTENT OF THE COUNTY TO SPONSOR A C.E.R.B. LOAN FOR INFRASTRUCTURE, CORDATA, STAGE 1 RESOLUTION - DECLARING INTENT OF THE COUNTY TO SUPPORT ANNEXATION OF STAGE 1, CORDATA Chairman Roehl explained the background on the two resolu- tions and stated that these would be introduced and scheduled for consideration at a Special Council meeting on Thursday, September 26, 1985, at 7:00 p.m. EMERGENCY ORDINANCE TO REVISE 1985 CURRENT EXPENSE FUND, JAIL BUDGET THEREIN Becker explained the background on the emergency ordinance to revise the 1985 Current Expense Fund, Jail Budget therein (draft 2) . BECKER MOVED TO INTRODUCE AND ADOPT THE EMERGENCY ORDINANCE TO REVISE THE 1985 CURRENT EXPENSE FUND, JAIL BUDGET THEREIN IN THE AMOUNT OF $15,000.00. There was discussion on the emergency ordinance. The motion to adopt the emergency ordinance carried (6 -1, Hansey).. ,i Hawley requested that the Ordinance related to establishing fees for parking areas be scheduled for the Public Services Committee as well as the Finance Committee. It was agreed that the ordinance would be scheduled at the end of the Finance Committee agenda and the beginning of the Public Services Committee agenda so the two commit- tees could meet together to discuss the ordinance. The meeting was adjourned at 9:40 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: William P. Roehl Chairman Carol Ebergson Clerk of the Coun6il