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HomeMy WebLinkAboutCounty Council for April 5 1984v \M.. OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL Minutes -- April 5, 1984 The Whatcom County Council meeting was called to order on Thursday, April 5, 1984 at 7;110 p.m. by Vice- Chairperson Johnson, with all members present except Cole. Cole arrived at 8:10 p.m. and took over as Chairperson. MINUTES The minutes of the March 15, 1984 Council meeting were ordered corrected as noted by Hansey. On page 3, Mt. Baker Theatre, the outcome of the nation needs to be stated. EXECUTIVE ITEMS Overlimit Transfer - Hearing Examiner B2g&et An overlimit transfer in the amount of $5,279.16 was presented by Executive Van Zanten. Executive Van Zanten explained the amount of $5,279.16 will be transferred to the Deputy Hearing Examiner line item from the Hearing Examiner line item. This transfer is necessary because the Hearing Examiner was paid out of the Deputy Hearing Examiner line item until he was confirmed as the Hearing Examiner. BECKER MOVED TO APPROVE THE OVERLIMIT TRANSFER TO THE DEPUTY HEARING EXAMINER LINE ITEM IN THE AMOUNT OF $5,279.16. Motion carried. Overlimit Transfer - Non - Departmental Budget An overlimit transfer in the amount of $211,000 was presented by Executive Van Zanten. This transfer takes $211,000 from Contingency Emergency and transfers it to the following; Contributions to Active Funds (Rivers) 175,000 Flood Control Rentals 24,000 Interfund Distribution 12,000 $211,000 BECKER MOVED TO AUTHORIZE THE OVERLIMIT TRANSFER IN THF AMOUNT OF $211,000. Motion carried. Bid Award - Kiels Inc. and Van's Plumbing Z ! Executive Van Zanten requested authorization to award a bid to Kiels Inc. for structural work and to Van's Plumbing for plumbing and airing work for the restrooms at the N. W. Washington Fair, as follows: 1Ciela Inc. $18,222050 Tax 12366.68 019,589 88 Van's Plumbing $12,780.00 Tax 985.50 � 13 , 738.50 J 11.1 ti Council Minutes April 5, 1904 Page 2 BECKER MOVED TO AUTHORIZE A BID AWARD TO KIELS INC. AND VAN'S PLUMBING IN THE AMOUNT OF 03,327.68. Motion carried. � Engineer Consultant - Kello &and Woods Roads Executive Van Zanten withdrew this .item from the agenda. " Confirmation of Appointment of Director of Alcohol Services Executive Van Zanten requested confirmation of the appointment of Mr, Greg Cory, as Director of Alcohol Services. HAWLEY MOVED TO CONFIRM THE APPOINTMENT OF MR. GREG CORX AS �'HE AIRNCTOR OF ALCOHOL SERVICES. Motion carried. Solid Waste Disposal Executive Van Zanten read to the Council a memorandum, dated 4 -5 -84, regarding proposals for INTERIM solid Waste disposal pro,jeots, HEARINGS VACATION OF A PORTION OF FOURTH STREET, CUSTER Hearing was declared open in the matter of the VACATION OF A PORTION OF FOURTH STREET, CUSTER, filed by Chuck Swift. Being that no testimony waa received, the hearing was closed, Roehl reported the Planning and Development Committee recommended approval and referred to a letter, dated April 4, 1984, from Mr. and Mrs. Hugh Behme. In their letter, Mr. and Mrs. Dehme, stated their concern about the proposed vacation. ROEHL MOVED TO APPROVE THE STREET VACATION. Chairperson Cole stated that the letter from the Behme's will be made part of the public record. ROEHL MOVED TO RE -OPEN THE PUBLIC HEARING. Motion carried, Tom George Clarified the location of the proposed Ferndale, WA vacation as it relates to the fire station. Being that no further testimony was received, the hearing was closed, MUENSCHER MOVED TO CONTINUE THE HEARING UNTIL THE NEXT COUNCIL MEETING (April 19, 1984) . Motion carried 6 -1 (Hansey) . Council Minuts April 5, 1984 Pap 3 OvODINANCE - ADOPTING BUILDING CODE Chairperson Cole referred to a letter, dated April 3, 1984 from Dave Wolf, Executive Officer, Homebuilder's Association. Beaker stated that the ordlognoes presented tonight were substitute drafts recently released by Public Works. Donovan Kehrer, Bul.lding and Codes, stated the ordinance presented tonight is "Draft 2" and is a result of public input to the City Municipal Appeal and Code Reviow Board process, Hearing was declared open in the matter of an ORDINANCE ADOPTING, BY REFERENCE, THE 1982 EDITION OF THE UNIFORM BUILDING CODE, RELATED STANDARDS, SUPPLEMENTS AND APPENDICES THERETO, THE 1982 EDITION OF THE UNIFORM HOUSIKQ CODR AND THE 1982 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; ALL PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; AND ADOPTING THE REGULATIONS FOR BARRIER FREE FACILITIES, AND THE WASHINGTON STATE ENERGY CODE BOTH AS ADOPTED By THE STATE BUILDING CODE ADVISORY COUNCIL AND REPEALING ORDINANCE NO. 79-7 AND CHAPTER 15.04 OF THE WHATCOM COUNTY CODE. Being that no testimony was received, the hearing was olosed. Chairperson Cole reported that the ordinance will be referred bank to the Planning and Development Committee. ✓ORDINANCE - ADOPTING UNIFORM FIRE CODE Hearing was declared open in the matter of an ORDINANCE RELATING TO THE IMPLEMENTATION OF THE UNIFORM FIRE CODE AND ADOPTING BY REFERENCE THE 1982 EDITIONS 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. 79-09. A letter, dated April 4, 1984, from Jerry Joubert, Fire Chief; Was received. Being that no testimony was received, the hearing was closed. Chairperson Cole stated that this ordinance will be referred back to the Planning and Development Commmittee. ORDINANCE - ADOPTING UNIFORM MECHANICAL CODE Hearing was declared open in the matter of an 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. Council Minutes April 5, 1984 Page 4 Being that no testimony was received, the hearing was closed. Chairperson Cole referred this ordinance to the Planning and Development Committee. ORDINANCE - ADOPTING UNIFORM PLUMBING CODE Hearing was declared open in the matter of an ORDINANCE ADOPTING, BY REFERENCE? THE 1982 EDITION OF THE UNIFORM PLUMBING CODE, EXCEPT AS MODIFIED HEREIN, AND INSTALLATION STANDARDS AND CERTAIN APPENDICES PUBLISHED BY THE INTERNATIONAL ASSOCIATION 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 ORDINANCES IN CONFLICT HEREWITH. Being that no testimony was received, the hearing was closed. Chairperson Cole referred the ordinance to the Planning and Development Committee. Hansey suggested that written testimony could be received until April 10th at 12:00 p.m. Council agreed. OPEN SESSION Al Weivoda Guide Meridian Bellingham, WA FINAL CONSIDERATIONS Spoke regarding the elderly people who live on the Guide and their concerns about being taxed off of their property if the Guide is zoned GC. ORDINANCE - FINANCIAL ADMINISTRATIVE SERVICES BECKER MOVED FOR FINAL ADOPTION OF AN ORDINANCE AUTHORIZING A REVISED BUDGET TO THE 1984 CURRENT EXPENSE FUND, FINANCIAL AND ADMINISTRATIVE SERVICES BUDGET THEREIN. Becker reported the Finance Committee recommended approval of the ordinance. Hawley stated his concerns about the purpose of a Budget /Fiscal Manager Becker spoke in support of the newly created position. Cole, Hansey and Roehl spoke in support of the ordinance. Johnson stated his concerns about the ordinance and said that he would vote against the ordinance. Motion carried 5 -2 (Hawley, Johnson). Council Minutes April 5, 1984 Page 5 ",-• ORDINANCE - EXECUTIVE BUDGET BECKER MOVED FOR FINAL ADOPTION OF AN ORDINANCE AUTHORIZING A REVISED BUDGET TO THE 1984 CURRENT EXPENSE FUND, EXECUTIVE BUDGET THEREIN. Becker reported the Finance Committee recommended approval of the ordinance. Motion carried 5 -2 (Hawley, Johnson). Fawley requested Chairperson Cole to draft a letter to Pamela Kope thanking her for her service. ✓ORDINANCE - PURCHASING /GRANTS BUDGET BECKER MOVED FOR FINAL ADOPTION OF AN ORDINANCE AUTHORIZING A REVISED BUDGET TO THE CURRENT EXPENSE FUND PURCHASING /GRANTS BUDGET THEREIN. Becker reported the Finance Committee recommended approyal of the ordinance. Motion carried 5 -2 (Hansey, Hawley). ARDINANCE - MENTAL HEALTH DRUG ABUSE FUND BECKER MOVED FOR FINAL ADOPTION OF AN ORDINANCE AUTHORIZING A REVISED BUDGET FOR THE MENTAL HEALTH AND DRUG ABUSE FUND. Becker reported the Finance Committee recommended approval of the ordinance. Motion carried unanimously. ✓ORDINANCE - ALCOHOLISM FUND BECKER MOVED TO SUBSTITUTE DRAFT 2, WHICH IS THE EMERGENCY ORDINANCE AUTHORIZING A BUDGET FOR THE 1984 DEPARTMENT OF ALCOHOL SERVICES AND TO BRING IT BEFORE THE COUNCIL. Motion carried unanimously. DECKER MOVED TO ADOPT THE FOLLOWING AMENDMENTS TO THE EMERGENCY ORDINANCE: Page 1, after the second paragraph, add: "WHEREAS, the technicalities of creating a new department have created a gap in time during which no funds could be made available without this emergency ordinance, and i Council Minutes April. 51 1984 Page 6 WHEREAS, the lack of funding for this department would result in the County being without vital alcohol services for a period of weeks." Motion to amend carried. BECKER MOVED FOR FINAL ADOPTION OF THE EMERGENCY ORDINANCE AS AMENDED. Motion carried unanimously. ORDINANCE - RIVER IMPROVEMENT FUND BECKER MOVED FOR FINAL ADOPTION OF AN ORDINANCE AUTHORIZING A REVISED BUDGET FOR THE RIVER IMPROVEMENT FUND. Becker reported the Finance Committee recommended approval of the ordinance. Motion carried unanimously. /ORDINANCE - ESTABLISHING BID REQUIREMENTS BECKER MOVED FOR FINAL ADOPTION OF AN ORDINANCE AMENDING CHAPTER 3.08 OF THE WHATCOM COUNTY CODE FOR THE PURPOSE OF ESTABLISHING HID REQUIREMENTS FOR CERTAIN CONTRACTS FOR PROFESSIONAL SERICES. Backer reported the Finance Committee recommended approval of the -� ordinance. Motion carried unanimously. Chairperson Cole stated that the following ordinances will be dealt with at a special council meeting to be held on April 12, 1984 at 7:30 P.M. in the Council Chambers. The ordinances are as follows: 1.� ORDINANCE AMENDING THE 1970 WHATCOM COUNTY COMPREHENSIVE PLAN TEXT AND MAP FOR THE GEOGRAPHIC AREA KNOWN AS THE URBAN FRINGE SUBAREA OF � WHATCOM COUNTY. 2./ ORDINANCE ADOPTING AND AMENDING TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE FOR THE GEOGRAPHIC AREA KNOWN AS THE URBAN FRINGE SUBAREA OF WHATCOM COUNTY. OTHER BUSINESS ,/4ID AWARD - OFFICIAL COUNTY NEWSPAPER Becker reported the Finance Committee recommended awarding the bid to the Bellingham Herald as opposed to the Westside Record Journal. M Council Minutes April 5, 1984 Page 7 BECKER MOVED TO AWARD THE BID TO THE BELLINGHAM HERALD. Chairperson Cole asked for input from the Bellingham Herald and Westptde Record - Journal. Christopher Dix, Editor, Bellingham Herald spoke in favor of his newspaper. Tom George, Westside Record - .Journal, declined to speak on behalf of his newspaper, stating that his previously aubmitted written oopments were s sufficient statement of his position. Decker spoke regarding her motion stating the flexibility of daily newspaper versus a meekly newspaper and the oost effectiveness. Motion to award the bid to Bellingham Herald failed 1 -6 (Cole, Johnson, Roehl, Muenacher, Hawley, Hansey). The bid was so awarded to Westaide Fecord Journal. V , PRELIMINARY PLAT - GROUSE MEADOWS ESTATES A review was held regarding the reoonsideration of the Preliminary Plat of Grouse Meadows. Roehl reported the Planning and Development Committee recommended approval of the Preliminary Plat with amendments to the subdivision oond1t1on4, as stated in the 3 -15 -84 memorandum from Donovan Kehrer, Building and Codes �1 Administration. I,,,. ROEHL MOVED TO GRANT APPROVAL, WITH THE CHANGED CONDITIONS AND DECISIONS, OF THE REQUEST FOR PRELIMINARY PLAT OF GROUSE MEADOWS ESTATES Cole referred to a letter from Mr, and Mrs. Brock, dated 3-26-849 which states concerns regarding the water table. Becker spoke regarding the concerns of some of the residents, as stated at the Public Hearing, of a possible lowering of the water table due to the development off' Grouse Meadows. Muenscher spoke in support of the motion. Cole re- stated the motion as THAT THE VARIOUS CONDITIONS OF PLAT APPROVAL. BE REVISED AND AMENDED FOR GROUSE MEADOWS ESTATES PLAT (LS -6 -82) AND THOSE AMENDMENTS BE AS SET FORTH IN THE 3 -15 -84 MEMORANDUM TO THE COUNCIL FROM DONOVAN KEHRER, BUILDING AND CODES ADMINISTRATION. Roehl acepted the reatotement, Motion carried. Council Minutes. April 5, 1984 Page 8 LOW CROSSING BRIDGE OVER TODD CREEK Whatcom County Engineer, Ed Henken, referred to his letter, dated 4 -4 -84, to the Council. In his letter, Mr. Henken states the costs involved in terminating the already awarded contract and building a replacement bridge and /or a high bridge. Those figures are as follows: LOW WATER CROSSING REPLACEMENT BRIDGE HIGH BRIDGE $34,000 $88,500 $2201000 (The total amount for a Replacement Bridge and and a High Bridge, both include a $51,000 terml.- nation of contract fee). It was the consensus of the Council to table this matter and refer back to the Public Services Committee. The residents were told that the Council could take no further action on this matter. GARBAGE INITIATIVE A discussion was held regarding the Public Services Committee review of correspondence related to the Citizen's Initiative Measure No, 1 -83 re: solid waste. HAWLEY MOVED THAT WHATCOM COUNTY COUNCIL IMPLEMENT THE ACTION TAKEN BY THE VOTERS OF WHATCOM COUNTY PERTAINING TO INITIATIVE 1 -83 DURING THE LAST GENERAL ELECTION. Hawley spoke regarding the motion and requested for a rollcall vote when the vote is taken. Muenscher spoke against the motion. MUENSCHER MOVED TO POSTPONE INDEFINITELY CONSIDERATION OF THIS MATTER, Becker stated that she intended to vote against Muenaeher'a motion and Hawley'* motion. Muenaoher then withdrew his motion. Hawley'* motion failed 3 -4 (Cole, Roehl, Becker, Muenseher), HAWLEY MOVED THAT WHATCOM COUNTY REQUEST THAT THE PROSECUTING ATTORNEY ASK AS SOON AS POSSIBLE, FOR A COURT DATE TO ADDRESS INITIATIVE 1 -83. Hawley spoke regarding his motion. Hansey spoke in favor of the motion. Roehl stated he will vote against the motion. I Motion failed 3 -4 (Cole, Roehl, Becker, Muenscher). Council Minutes April 51 1984 Page 9 CORRESPONDENCE - BELLINGHAM- WHATCOM COUNTY HUMANE SOCIETY Correspondence was received from the Bellingham- Whatcom County Humane Society and SPCA regarding animal contracts was referred to the Finance Committee. The following items were referred to the Planning and Development Committee: �1. Vacate lot line in the Plat of Sudden Valley, filed by Merle and Deborah Adrian. ✓2. Vacation of lot line in the Plat of Sandy Point Shores, Filed by Don Cooper. 3. Franchise for water lines in Paradise Lakes Country Club area, filed by Esther Henderson. v".4. Request for extension of time of Shoreline Substantial Development Permit No. 5 -76. INTRODUCTION OF RESOLUTIONS AND ORDINANCES It It was the consensus of the Council to refer to the Planning and Development Committee, the following resolution: U RESOLUTION REGARDING THE ESTABLISHMENT OF A POLICY OF THE 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, SECTIONS 11 -16, LAWS OF 1982, FIRST EXTRAORDINARY SESSION). RESOLUTION - SALARY SCHEDULE FOR UNREPRESENTED EMPLOYEES Roehl introduced A RESOLUTION IN THE MATTER OF THE SALARY SCHEDULE FOR THE UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE YEAR 1984. Becker reported the Finance Committee recommended amending the resolution so that the monthly wage for the Deputy Hearing Examiner should read $1,083 instead of $1,300 per month. (The $13,000 budgeted for the year should have been divided by 12 months instead of 10 months). BECKER MOVED TO AMEND LINE 20 112 TO READ 11$1,083." Motion to amend carried 6 -0 ( Roehl abstained) . Motion to adopt the resolution as amended carried 6 -0 ( Roehl abstained). O Council Minutes April 5,1984 Page 10 v/ RESOLUTION - WASTE WATER DISPOSAL SYSTEM FOR WD NO. 4 ROEHL INTRODUCED AND MOVED FOR FINAL PASSAGE A RESOLUTION APPROVING THE ADOPTION OF PART I OF A COMPREHENSIVE PLAN FOR WASTE WATER DISPOSAL SYSTEM FOR WHATCOM COUNTY WATER AND SEWER DISTRICT NO. 4. Roehl reported the Planning and Development Committee recommended approval of the resolution. Motion to adopt carried 7 -0. The following measures were introduced by consent of the Council and referred 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 (referred to Law and Justice Committee). 2. ORDINANCE ESTABLISHING A SUPPLEMENTAL BUDGET TO THE BUILDING MAINTENANCE FUND 1984 BUDGET TO PROVIDE FOR REMODELING Of COURTHOUSE FACILITIES (referred to Finance Committee). 3. ORDINANCE RELATING TO THE IMPLEMENTING OF THE COUNTY SERVICES ACT AS PROVIDED FOR IN WHATCOM COUNTY COMPREHENSIVE SEWER AND WATER PLAN, JUNE 1969, AND RCW CHAPTER 36.94 AND WHATCOM COUNTY RESOLUTION CREATING THE DEPARTMENT OF PUBLIC WORKS ADOPTED THE 20TH DAY OF SEPTEMBER 1978, AND REGULATING THE USE OF COUNTY -OWNED WATER SYSTEM AND PROVIDING FOR THE SALE OF SAME, FIXING THE PRICE THEREOF, PROVIDING A METHOD OF COLLECTING CHARGES THEREFORE, PROVIDING PENALTIES FOR VIOLATIONS. (referred to Finance Committee). BECKER MOVED TO INTRODUCE AND REFER TO THE FINANCE COMMITTEE0 THE FOLLOWING: e✓ AN ORDINANCE REVISING AND REBUDGETING THE 1984 ALCOHOLISM FUND It was so ordered by the Chair. Chairperson Cole added the following to the agenda under OTHER BUSINESS. The items were received and referred as noted. - r Council Minutes April 50 1984 Page 11 1. Planning Commission Resolution in the matter of Recommendations on 1984 -A Open Space Taxation, for the following. (referred to the Planning and Development Committee). TIMBER LAND OPEN SPACE Kaufman Tice Williams Corey D. Nelson Philpott R. Nelson Brown Satushek KVH Holdings Endicott Engels Padovan Webb Johnson Tice 4 Essex Champion 2. Kiewit Construction Company Major Development and' Shoreline Substantial Development and Conditional Use Permits. (To be heard at a Special Council meeting to be held at 7:30 p.m. on April 12, 1984. The Hearing Examiner will be scheduled to review and summarize his decision. 3. Petition requesting vacation of lot lines, filed by Robert G. Martin, (referred to Planning and Development Committee), 4. Petition to vacate an alley between Custer School Road and 4th Street, Custer, filed by Stewart Kirchner. (referred to Planning and Development and scheduled for a public hearing). 5. An announcement of a vacancy to be filled on the Board of Cemetery District No. 9. (will be held until the next Council meeting). Meeting adjourned at 10:30 P.M. n ATTEST: Clerk of the Coupoi CMAPR.01 WHAT Craig-W, COUNTY COUNCIL COUNTY, WASHINGTON , c rson