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HomeMy WebLinkAboutSpecial Council for July 18 1985WHATCOM COUNTY COUNCIL SPECIAL COUNCIL MEETING Minutes -- Thursday, July 18, 1985 The Whatcom County Council Special Council meeting was called to order at 7:05 p.m. by Chairperson Roehl with all members present except Muenscher, who arrived at 7:10 p.m., and Johnson. HEARING - APPEAL OF ADMINISTRATIVE DECISION TO DENY APPLICATION FOR AGRICULTURAL DIVISION OF PROPERTY, FILED BY B. MELLER., Chairman Roehl explained the background on the appeal and the reason for the hearing. He stated that lie had requested Campbell Kintz, Hearing Examiner, to conduct the public hearing for the Council. Problems with the tape machine were encountered briefly, then the public hearing was begun. Mr. Kintz stated that exhibits that were in the previous hearing examiner's file would be entered as exhibits in this hearing. Donovan Kehrer, Bureau of Building and Codes Administration, asked if the Hearing Examiner's decision in this matter would also be entered as an exhibit. Chairman Roehl stated that he didn't think it should be part of the record. Mr. Kintz concurred with Chairman Roehl. Mr. Kintz reviewed the file and the procedure for the hearing and asked Mr. Kehrer to brief the Council on the decision of the Bureau of Building and Codes Administration in this matter. Mr. Kintz also added into the record the following exhibits: #6 a letter dated 7/17/85 from Sid Mellama, et al, speaking against the appeal #7 a phone call from Leslie Honcoop, speaking against the appeal Donovan Kehrer briefed the Council on the history of the Meller appeal and the criteria that were used in the decision to deny the application. Phil Serka Provided a brief background on Attorney for applicant Mr. Meller's property and reasons 400 N. Commercial for the appeal; spoke in support of granting the appeal in Mr. Meller's favor. There was discussion between Councilmembers and Mr. Serka. Special Council Meeting Minutes -- July 18, 1985 Page 2 The following was entered as an exhibit: #8 Background information on various lots, supplied by Donovan Kehrer There was further discussion between Councilmembers and Philip Serka. Bernd Meller Appellant Explained why he wanted to subdivide his property; spoke in support of approving his appeal. Mr. Meller entered the following as exhibits: #9 Letter from John and Anna Gussen, 562 Pangborn Rd., in support of Mr. Meller's request. #10 Pictures of Mr. Meller's property #11 Plot plan of Mr. Nleller's property There was discussion between Councilmembers and Mr. Meller. Henry Wade Spoke in support of Mr. Meller's 511 Pangborn Rd. appeal. Harold Heeringa Spoke on the use of the property 9242 Benson Rd. owned by Mr. Meller. There was no one else present to speak during the public hearing, and the hearing was closed. Mr. Kintz explained the decision making procedure. Chairman Roehl thanked Mr. Kintz for conducting the public hearing on behalf of the Council. COLE MOVED TO DENY THE APPEAL FILED BY BERND MELLER. Cole spoke to the motion. Hawley spoke in support of the motion. Muenscher spoke in support of the motion. Hansey spoke in support of the motion. Becker spoke in support of the motion. The motion to deny the appeal carried. Special Council Meeting Minutes -- July 18, 1985 Page 3 The meeting was recessed at 8 :20 p.m. The meeting reconvened at 8:30 p.m. CONSIDERATION AND PUBLIC INPUT REGARDING THE BIRCH BAY DRIVE RIGHT -OF -WAY Chairman Roehl explained the procedure for public input regarding the Birch Bay Drive right -of -way and asked that testimony be limited to the issue of whether or not the County should go to court in order to find out what the right -of -way is along Birch Bay Drive from Alderson to Shintaffer Road. Barney Yorkston Blaine Asked why it is necessary to go to court to determine the width of the right -of -way. Chairman Roehl answered his question. Margie Davenport Asked who would pay for the court 8246 Birch Bay Drive costs. Chairman Roehl answered her question. Mike O'Connor 4941 Morgan Drive Phil Serka 400 N. Commercial Bellingham Attorney for a group of property owners Spoke in support of going to court Spoke on the history of the research he has done on this issue There was discussion between Councilmembers and Mr. Serka. Paul Rushing Explained why it is important Public Works Director for the County to know the width of right -of -way; also discussed potential costs of a lawsuit. There was discussion between Councilmembers and Mr. Rushing. Jim Kresge Explained the situation further; Engineering Department discussed future plans,on Birch Bay Drive. Hawley spoke against development of Birch Bay. There was discussion between Councilmembers and the staff. Special Council Meeting Minutes -- July 18, 1985 Page 4 Chairman Roehl turned the meeting over to Vice Chairperson Hansey and left the room. There was further discussion between Councilmembers. William Moore Spoke on the issue of clearing 8162 Birch Bay Drive debris when the right -of -way width is in question. Rudy Basild Spoke on a mandate in the Whatcom no address given County Code which he believes requires the County to take a right -of -way dispute to court. Don Montfort Explaih'ed why the Birch Bay Chamber 8323 Harborview of Commerce is interested in having the County go to court to determine the right -of -way width of Birch Bay Drive. Ed Ebright Spoke in support of keeping the 8218 Birch Bay Drive roads the way they are presently. Patrick Alesse Spoke in support of dropping the 9865 Harvey Road entire right -of -way issue. John Carter Spoke in support of keeping the 8168 Birch Bay Drive roads the way they are presently; stated that the problem only comes. up during the summer months. Helen Snow Spoke in support of a 60' road 7836 Birch Bay Drive right -of -way. Helen Wilson Spoke on the two sides of the 8154 Birch Bay Drive issue: 30' vs. 60' width of right -of -way. There was no further public testimony. COLE MOVED THAT PURSUANT TO R.C.W. 36.32.120 THAT THE PROSECUTING ATTORNEY'S OFFICE IS INSTRUCTED NOT TO INITIATE LITIGATION ON BEHALF OF THE COUNTY CONCERNING THE BIRCH BAY DRIVE RIGHT -OF -WAY, AND FURTHER, THAT THE ADMINISTRATION AND LEGAL COUNSEL ARE ENCOURAGED TO PURSUE, TO THE EXTENT THEY DEEM APPROPRIATE, CLARIFICATION OF RIGHT - OF -WAY ISSUES THROUGH MEANS OTHER THAN BY LAWSUIT ONCE THE COUNTY'S ROLES AND NEEDS FOR THE AREA HAVE BEEN DEFINED. Cole spoke to the motion. Special Council Meeting Minutes -- July 18, 1985 Page 5 The motion instructing the Prosecuting Attorney's office not to initiate litigation on behalf of the county concerning the Birch Bay Drive right -of -way carried. The meeting was adjourned at 9:45 p.m. WHATCOM COUNTY OUNCIL- WHATCOM COUNT , SHIN ON nald G. a sey ATTEST: Vice Chair n Carol Ebergson Clerk of the Co ncil