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HomeMy WebLinkAboutCounty Council for April 19 1984OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL Minutes -- April 19, 19814 The Whatcom County Council meeting was called to order on April 19, 19814 at 7:50 p.m. by Chairperson Cole with all members present except Roehl. A quorum was present. v MINUTES The minutes of the April 3, 19814 Committee -of- the -Whole and the April 5, 198+ Council meetings were approved as written. SPECIAL ORDER OF BUSINESS Chairman Cole congratulated the Morse Hardware Company on their 100th year of business. Bob Morse introduced three generations of the Morse family and thanked the Council for the recognition. HANSEY INTRODUCED AND MOVED FOR FINAL PASSAGE A RESOLUTION SALUTING MORSE HARDWARE COMPANY IN ITS 100TH YEAR. Motion carried unanimously. Chairperson Cole presented the resolution to Mr. Bob Morse and Mr. David Morse. EXECUTIVE ITEMS ,/Executive Shirley Van Zanten requested approval of a contract with Raymond D. Weden and Associates, Inc. for consulting services on the Wood /Kellogg Roads infrastructure project. The Executive referred to her memorandum, dated April 18, 1984, to the Council. The amount of the contract shall not exceed $50,000, without written approval of the County Executive and in no case shall the amount exceed $78,000, unless modified in accordance with the contract. Becker reported the Finance Committee recommended approval. BECKER MOVED TO RECOMMEND APPROVAL OF THE CONTRACT. Motion carried. Report of the Executive ,/Graffiti The Executive spoke regarding the grafitti that appeared on the new jail. The Executive reported that the Public Works Department had been trying to find a chemical that would remove the grafitti without defacing the surface of the building. She also reported that one had been found and the Public Works' staff was now in the process of removing the graffiti. i Council Minutes April 19, 1984 PF'ge 2 First Quarterly Report -/The Executive presented to the Council a copy of the First Quarterly (January 1 - March 31) County Fiscal Report for 1984 (dated 4- 19 -84). Tom Sutberry was introduced as the new Budget /Fiscal Manager. j Solid Waste Disposal The Executive spoke regarding the solid waste disposal interim proposals. She stated that it has been a difficult process to try and make a honest and careful decision and that she will present her recommendation at the Special Council meeting set for April 30, 1984 at 7:00 p.m. HEARINGS ,/VACATION OF FOURTH STREET - CHUCK SWIFT Hearing was declared open in the matter of the vacation of Fourth Street, City of Custer Plat, filed by Chuck Swift. The following testimony was received: Nancy Haugness Custer, WA Joanne Cresey 7654 4th St Custer, WAa Judy Haugness 2940 Arnie Road Custer, WA Jake Creasey Custer, WA Referred to her letter to the Council, dated 4- 17 - -84, and spoke against the proposed vacation. Stated that Mr. Swift's business creates an eyesore, is a nuisance to the community and that he intends to make a "junkyard" out the property. Referred to her letter to the Council, dated 4- 16 -84, and spoke against the proposed vacation. Feels the loss of the parking spaces due to the vacation would make an impact on the city of Custer. Presented to the Council a petition signed by 40 residents of Custer opposing the vacation. Spoke against the proposed vacation. Council Minutes April 19, 1984 Page 3 Chuck Swift Spoke in support of the proposed vacation in that his sole intention in purchasing the land is to clean it up and lay crushed gravel. Nancy Haugness Spoke regarding Mr. Swift's comments. Boyd Sawyer Spoke in support of the vacation Employee of Mr. Swift and reiterated Mr. Swift's 4826 Haxton Way intention to clean up and maintain Ferndale, WA the property Being that no further testimony was received, the hearing was closed. Hansey reported the Planning and Development Committee recommended approval of the vacation subject to the outcome of the Public Hearing. He also referred to the report of the Engineering and Planning Departments, which recommended approval. It was the consensus of the Council to refer this matter back to the Planning and Development Committee so as to allow the residents a chance to work this issue out. VACATION OF PORTION OF FRONT STREET - INGRID JOHNSON Hearing was declared open in the matter of the Vacation of a portion of Front Street, filed by Roger Almskaar for Ingrid Johnson. The following testimony was received: Craig Hayes, Attorney for Ingrid Johnson Explained the purpose of the vacation request. Reference was made to a letter, dated 4- 17 -84, signed by Dean Nelson, Pt. Robert's Registered Voters Association, in which he supports an exchange of an equivalent area of land be considered as an alternative to the direct vacation of county property. Being that no further testimony was received, the hearing was closed. HANSEY MOVED TO GRANT THE VACATION WITH THE NOTATION IN THE MINUTES THAT IT IS THE INTENT OF THE COUNCIL THAT CONSIDERATION OF PUBLIC ACCESS TO THE BEACH BE GIVEN IN THE FUTURE PERMITTING PROCESSES PRIOR TO CONSTRUCTION. Council Minutes April 19, 1984 Page 4 Hansey reported the Planning and Development Committee recommended the same. Motion carried. The Chair will communicate with the Hearing Examiner and the Bureau of Building and Codes Administration about public access. ,/PETITIONS TO ESTABLISH DOG CONTROL ZONES Hearing was declared open in the matter of petitions for the establishment of dog control zones in the following areas: 1. Point Roberts 2. Dutch Haven 3. Paradise Lakes 4. Glenhaven Lakes The following testimony was received: Gari Howe Spoke regarding the dog problems at 269 Pollman Circle Dutch Haven. Lynden, WA Chris Mellroth Spoke in support of the need for a 6825 Vail Drive dog control zone in Dutch Haven Lynden, WA and the lack of cooperation with the Humane Society. Gary Crawford Spoke in favor of a dog control 271 Pollman Circle zone in Dutch Haven. Lynden, WA Linda Howe Spoke regarding the dog issues in 269 Pollman Circle Dutch Haven and supports the need Lynden, WA for a dog control zone in that area. Mike Easely Stated the dog problems in Dutch 6853 Dutch Haven Dr. Haven have gotten worse since the Lynden, WA initial petition was presented to the Council. Urged the Council to consider making this area a dog control zone. Council Minutes April 19, 1984 Page 5 Jack Graham Spoke in support of a dog control Pt. Roberts, WA zone in Pt. Roberts. Suggested that dogs be required to wear a collar, ID tag and a County tag. Tillie Gerber Spoke regarding the need for a dog 477 Rainbow Drive control zone in Glenhaven Lakes. Glenhaven Lakes Presented a chart with proposed revenue sources. Jess Watson He represented 1,400 families of Paradise Lakes the Paradise Lakes area and.spoke in favor of a dog control zone in that area. Steve Mellroth Questioned the process in which the 6825 Vail Drive Council will decide and declare an Lynden, WA area a dog control zone. Sheila McCaffrey Opposed to a dog leash law in Pt. Pt. Roberts, WA Roberts, however, would support dog control. Felt that because of the location, of Pt. Roberts, this area cannot be treated in the same way as the other areas. Mike Henry Spoke on dog problems in Dutch 214 Pollman Circle Haven and spoke in support of a dog Lynden, WA control zone. Pat Munger Spoke in support of a dog control 218 Pollman Circle zone in Dutch Haven. Lynden, WA Marlene Easley Stated incidences of dog control 6853 Dutch Haven Drive problems and spoke in favor of a Lynden, WA dog control zone in Dutch Haven. Being that no further testimony was received, the hearing was closed. Chairperson Cole asked Mr. Tim Lucy, Educational Director of the Humane Society to speak on the Humane Society's behalf. He spoke on the issues brought up at the hearing, stating that the Humane Society is working on a low budget, there being only one staff member available to enforce laws in the whole county. Council Minutes April 19, 1984 Page 6 A petition signed by 15 residents of Point Roberts opposing dog control, and a letter from Ruby White opposing a leash law were received. Becker reported the Finance Committee discussed the issue of dog control, alternatives for enforcement, and the availability of revenue to enforce laws within the zones. Becker also reported that Paul Rushing, Director of Public Works, was asked to propose, for future review by the Finance Committee, some changes to the animal control ordinance and also change the criteria by which dog control zones would be set up, but primarily to make a change to a different method of enforcement. Johnson spoke in support of establishing these four areas as dog control zones now, and then dealing with a resolution establising the density and population requirements and establish any future zones in accordance with the resolution. Chairperson Cole spoke in support of the establishment of dog cont -rol zones, stating however, he could not support the establishment of more dog control zones without the revenue for enforcement. Becker also spoke in support.of Chairperson Cole's statements. Chairperson Cole requested the Finance Committee attempt a comprehensive review of the animal control issues and report back to Council. ORDINANCE - FRANCHISE TO SUNDAY HARBOR COMMUNITY COUNCIL Hearing was declared open regarding AN ORDINANCE IN THE MATTER OF GRANTING A NON- EXCLUSIVE FRANCHISE TO SUNDAY HARBOR COMMUNITY COUNCIL FOR A PERIOD OF 25 YEARS PURSUANT TO STATE LAW AND SECTION 9.30 OF THE HOME RULE CHARTER, TO OPERATE AND MAINTAIN WATER PIPELINES IN AND ALONG CERTAIN ROADS WITHIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY. Being that no testimony was received, the hearing was closed. Hawley reported the Public Services Committee recommended approval of the franchise. HAWLEY MOVED FOR FINAL ADOPTION, AS RECOMMENDED BY THE PUBLIC SERVICES COMMITTEE., AN ORDINANCE IN THE MATTER OF GRANTING A NON- EXCLUSIVE FRANCHISE TO SUNDAY HARBOR COMMUNITY COUNCIL FOR A PERIOD OF 25 YEARS PURSUANT TO STATE LAW AND SECTION 9.30 OF THE HOME RULE CHARTER, TO OPERATE AND MIANTAIN WATER PIPELINES IN AND ALONG CERTAIN ROADS WITHIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY. Chairman Cole questioned whether this ordinance had any amendments to it. Hawley stated that there had been some amendments and that they were incorporated in the draft before the Council. Council Minutes April 19, 1984 Page 7 HAWLEY MOVED TO HOLD THIS ORDINANCE UNTIL THE NEXT COUNCIL MEETING TO BE HELD ON MAY 3, 1984. Motion carried unanimously. OPEN SESSION This part of the agenda was deleted due to time constraints. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES Chairperson Cole stated the following resolutions and ordinance are being held, as noted: 1.;- Resolution by the Whatcom County Council establishing the -� policy for the acceptance of petitions for the creation of dog control zones; and setting forth the minimum area and population density requirements (held in Law and Justice Committee). 2. ;Resolution regarding the establishment of a policy of the V Whatcom County Council on the imposition of development fees on private development and the use of the Real Estate Excise Tax as required by Senate Bill #4972 (Chapter 49, Section 11 -16, Laws of 1982, First Extraordinary Session) (held in Planning and Development Committee). 3.�- Ordinance establishing a supplemental budget to the Building Maintenance Fund 1984 Budget to provide for remodeling of Courthouse facilities (held in Finance Committee). BECKER MOVED FOR FINAL ADOPTION OF ALL THE FOLLOWING UNIFORM CODE ORDINANCES (agenda items 4, 5, 6, & 7): ✓4. ORDINANCE ADOPTING, BY REFERENCE, THE 1982 EDITION OF THE UNIFORM BUILDING CODE, RELATED STANDARDS, SUPPLEMENTS AND APPENDICES THERETO, THE 1982 EDITION OF THE UNIFORM HOUSING CODE AND THE 1982 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; ALL PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; AND THE WASHINGTON STATE ENERGY CODE BOTH AS ADOPTD BY THE STATE BUILDING CODE ADVISORY COUNCIL AND REPEALING ORDINANCE NO. 79 -71 AND CHAPTER 15.04 OF THE WHATCOM COUNTY CODE. ✓5. ORDINANCE RELATING TO THE IMPLEMENTATION OF THE UNIFORM FIRE CODE AND ADOPTING BY REFERENCE THE 1982 EDITION OF THE UNIFORM FIRE CODE AND APPENDICES THERETO PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND THE WESTERN FIRE CHIEFS ASSOCIATION, EXCEPT AS MODIFIED HEREIN, AND REPEALING WHATCOM COUNTY ORDINANCE NO. 79 -69, as amended. Council Minutes April 19, 1984 Page 8 ,/6. ORDINANCE ADOPTING BY REFERENCE THE 1982 EDITION OF THE UNIFORM MECHANICAL CODE, APPENDICES AND STANDARDS THERETO PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, EXCEPT AS HEREIN MODIFIED, AND REPEALING WHATCOM COUNTY ORDINANCE NO. 79 -69. 7. ORDINANCE ADOPTING, BY REFERENCE, THE 1982 EDITION OF THE UNIFORM PLUMBING CODE, EXCEPT AS MODIFIED HEREIN, AND INSTALLATION STANDARDS OF PLUMBING AND MECHANICAL OFFICIALS AND IN ACCORDANCE WITH THE PROVISIONS OF THE STATE BUILDING CODE ACT. RCW CHAPTER 19.27 AND REPEALING ORDINANCE NO. 79 -69 AND OTHER RELATED ORDIANCES IN CONFLICT HEREIN. Hawley stated that he intended to vote against the ordinances if there were any fee changes. Becker clarified that there were no new fee changes. Becker reported the Planning and Development Committee recommended approval of the Uniform Codes as amended. Donovan Kehrer, Deputy Administrator of Building and Codes, stated that the ordinances are all similar to the 1979 codes, and explained the adoption of Chapter 70, which is a a "fill and grade" provision in the building ordinance. Mr. Kehrer also stated that a fill and grade permit will now be required. Dave Langford, Fire Marshall, explained the amendments to the Uniform Fire Code. Chairperson Cole noted that the Planning and Development Committee recommended approval of Draft 2 of the Building Code, Mechanical Code, the Plumbing Code, and the Fire Code. Chairperson Cole also stated the Planning and Development Committee recommended approval of the amended drafts that are before the Council now. The Chair clarified that the motion before Council was the adoption of Draft 2 of each ordinance. Motion to adopt all four ordinances passed unanimously. OTHER BUSINESS ,/OPEN SPACE- APPLICATIONS HANSEY MOVED THAT THE COUNCIL APPROVE THE OPEN SPACE APPLICATION RECOMMENDATIONS AS RECOMMENDED BY THE PLANNING COMMISSION IN THEIR FINDINGS, REASONS AND MOTION, DATED 3- 27 -84. Council Minutes April 19, 1984 Page 9 Timber Land Kaufman D. Nelson Brown Endicott Webb Tice & Essex Tice Philpott Satushek Engels Open Space Williams Champion R. Nelson Corey KVH Holdings Padovan Johnson Hansey reported the Planning and Development Committee recommended approval of the applications. Hansey stated that there was one objection, Brown, who felt his property should not be classified down from Timberland to Open Space. The Committee, reported Hansey, did not make a recommendation to accept that change. Motion carried. CEMETERY DISTRICT NO. 9 MUENSHCER MOVED TO APPOINT VERNON EDIN TO THE BOARD OF CEMETERY DISTRICT NO. 9 (appointment of a qualified registered elector of the District to serve until the next General Election on November 6, 1984). Chairman Cole noted that the rules regarding board appointments state that nominations will occur and then voting is done at the next Council meeting, unless five Council members wish to suspend the rules and vote at this meeting. JOHNSON MOVED TO SUSPEND THE RULES AND VOTE ON THE APPOINTMENT OF TO THE CEMETERY DISTRICT. Motion carried unanimously. Motion to appoint Vernon Edin to Cemetery District No. 9 carried unanimously. ,jRESIGNATION OF DONALD HANSEY FROM LEOFF BOARD Councilmember Donald Hansey submitted his resignation from the LEOFF Board, stating his work schedule does not permit him to attend the morning meetings. JOHNSON MOVED TO APPOINT COUNCIL MEMBER WILL ROEHL TO THE LEOFF BOARD IN THE PLACE OF HANSEY. Motion carried unanimously. HANSEY REQUESTED, BY CONSENT, THAT THE FOLLOWING ITEMS BE REFERRED AS NOTED. The Chair so ordered. Council Minutes April 19, 1984 Page 10 1%� Petition requesting franchise ordinance for water lines, filed by Mark Asmundson for Sandy Point Improvement Company (referred to the Public Services Committee and scheduled for a public hearing). 2.v/' Hearing Examiner recommendations regarding the application of Gensis Development Co., (James VanderZee) for Major Developpment Permit and Preliminary Plat Approval to create and develop a Commercial Recreational Complex known as "Exit 270" (referred to Planning and Development Committee) ✓ BOARD OF EQUALIZATION Chairperson Cole announced a pending vacancy to the Board of Equalization, due to the pending departure of Sue Guthrie. Executive Van Zanten clarified that Ms. Guthrie has not officially submitted her resignation. Vic Battson, Assessor, noted another pending vacancy to the Board of Equalization. HANSEY MOVED TO DIRECT THE CHAIRPERSON TO DETERMINE ANY VACANCIES THAT WILL OCCUR ON THE BOARD OF EQUALIZATION AND NOTIFY THE COUNCIL MEMBERS PRIOR TO THE NEXT MEETING OF SUCH VACANCIES, AND NOTE WHICH AREAS THEY ARE TO COME FROM. Motion carried unanimously. Muenscher suggested that Council be prepared to make a nomination, move to suspend the rules and appoint a person to the Board, due to the time limitations of the appointment. INTRODUCTION OF RESOLUTIONS AND ORDINANCES HANSEY MOVED THAT ITEMS 1, 2, 3, & 4 BE INTRODUCED BY CONSENT AND REFERRED TO THE APPROPRIATE COMMITTEES AS NOTED ON THE AGENDA: Motion carried. 1.,/ Resolution changing the name of Vining Street to Vining road outside the City of Bellingham (referred to Planning and Development Committee). 2. Ordinance amending Ordinance 80 -57 (Public Official Bonds for the purpose of establishing the bonding of the position of Finance Director (referred to Finance Committee). 3. J Ordinance authorizing a revised budget for the 1984 Current Expense Fund Prosecuting Attorney therein (referred to Finance Committee). 4. J Ordinance authorizing a revised budget for the 1984 Current Expense Fund County Council Budget therein (referred to Finance Committee). Council Minutes April 19, 1984 Page 11 i MUENSCHER MOVED THAT THE CHAIR BE AUTHORIZED TO CERTIFY AND PERFECT OFFICIAL DOCUMENTS ENACTED BY ORDINANCE N0. 84-38, WHICH RELATES TO TITLE 20 (THE ZONING CODE). Motion carried unanimously. Chairman Cole announced the next Council meeting will be a special meeting to be held on April 30, 1984 at 7:00 p.m. The Kiewit and garbage issues will be on the agenda. There will be no April 26th meeting as had been previously scheduled. Becker spoke regarding dog control zones. She suggested that Johnson's proposal regarding dog control issues be considered by either the Law and Justice Committee or the Finance Committee. Chairman Cole stated that it could be done either way. Meeting was adjourned at 10:55 p.m. WHATCOM COUNTY COUNCIL WHkfC6M COUNTY„ _WASAIN94ON 1 4 CT i g-l'4-. C o e Chairperson f^ A T.TE ST`,: "r w� Clerk`o the• -£oun it CMAPR.02 D #2