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Home My WebLink AboutCounty Council for July 19 1984OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL Minutes -- July 19, 1984 The Whatcom County Council meeting was called to order on Thursday, July 19, 1984 at 7:50 p.m. by Chairperson Cole with all members present except Hansey and Johnson, who were. excused. MINUTES There were no minutes available for review. EXECUTIVE ITEMS OVERLIMIT TRANSFER - PARK ACQUISITION AND IMPROVEMENT FUND County Executive Shirley Van Zanten requested authorization of an overlimit transfer in the 1984 Park Acquisition and Improvement Fund in the amount of $25,000. Becker reported the Finance Committee recommended approval of the overlimit transfer. BECKER MOVED TO APPROVE THE OVERLIMIT TRANSFER. Motion carried. OVERLIMIT TRANSFER - ROAD FUND The Executive requested authorization of an overlimit transfer in the 1984 County Road Fund in the amount of $23,000. Becker reported the Finance Committee recommended approval. BECKER MOVED TO AUTHORIZE THE OVERLIMIT TRANSFER. Motion carried. OVERLIMIT TRANSFER - CENTRAL SERVICES FUND The Executive requested authorization of an overlimit transfer in the Central Services Fund in the amount of $52,000. Becker reported the Finance Committee recommended approval. BECKER MOVED TO APPROVE THE OVERLIMIT TRANSFER. Motion carried. ADDENDUM TO COMPU -TECH CONTRACT The Executive requested authorization to enter into an agreement with Compu -Tech, Inc. for the provision of operational computer programs for the Whatcom County Assessor and Treasurer Departments. ' The amount of the agreement is for $189,630.00. BECKER MOVED TO AUTHORIZE THE EXECUTIVE TO ENTER INTO THE AGREEMENT WITH COMPU -TECH, INC. Motion carried. ::a Council Minutes '. July 19, 1984 Page 2 CONTRACT - FOURTH CORNER DEVELOPMENT COUNCIL The Executive stated that the name of the Fourth Corner Development Corporation has been changed to "Fourth Corner Development Council." The Executive requested authorization to enter into an agreement with the Fourth Corner Development Council in the amount of $12,000. The purpose of this agreement is for the marketing of Whatcom County for the purposes of economic development and job creation. BECKER MOVED TO AUTHORIZE THE EXECUTIVE TO ENTER INTO A CONTRACT WITH THE FOURTH CORNER DEVELOPMENT COUNCIL FOR 1984. Motion carried. BOARD APPOINTMENTS The Executive requested confirmation of the appointment of the following people to the following boards: Alcoholism Administrative Advisory Board - Ernest A. Bentley w Bellingham /Whatcom County Housing Authority - Frank Brown Northwest Senior Services Advisory Board Glenn Hallman (three year term) Catherine May (three year term) Marvin Jordan (three year term) Grace Kenoyer (two year term) Hortense Westerman (two year term) HAWLEY MOVED TO APPROVE ALL THE APPOINTMENTS TO THE BOARDS, AS SET FORTH IN THE JULY 11, 1984 MEMORANDUM FROM THE COUNTY EXECUTIVE. Motion carried. BUILDING AND CODE SIX -MONTH FINANCIAL REPORT The Executive presented the Building and Code Six -Month Financial Report. BECKER MOVED TO REFER THE FINANCIAL REPORT TO THE FINANCE COMMITTEE. Hawley spoke against the motion. Muenscher, Roehl and Becker spoke in support of the motion. Motion to refer to the Finance Committee carried. HAWLEY MOVED TO ALSO REFER THE FINANCIAL REPORT TO THE PUBLIC SERVICES COMMITTEE. Motion failed. �r Council Minutes July 19, 1984 Page 3 SECOND QUARTER FINANCIAL REPORT The Executive presented the Second Quarterly (April 1 - June 30) = "r Financial Report for 1984. The Executive stated that Whatcom County appears to be in solid financial condition at the close of the second quarter of 1984. REPORT OF THE EXECUTIVE The Executive stated that suggestions and input regarding amendments to the County's comprehensive solid waste plan need to be received by her no later than July 24, 1984. OPEN SESSION Don Fletcher 2345 Yew St. Rd. Bellingham, WA John Williams 3273 North Shore Drive Bellingham, WA Keith Locke 2600 North Shore Drive Bellingham, WA Darryl Bornstein, Jr. 414 - 20th Street Bellingham, WA Dave Wolf Homebuilders Association 3012 Cascade Place Bellingham, WA Spoke in opposition to the use of fireworks in the County. Spoke in opposition to the ordinance that would require notification of perspective property owners that the land is located in an alluvial fan flood hazard area. Opposed to the ordinance that would require notification that property is located in an alluvial fan flood hazard area. Spoke in opposition to the ordinance that would require noti- fication to perspective property owners the property is located in an alluvial fan flood hazard area. Requested clarification of how and when notification will be made to perspective property owners that the land is located in an alluvial fan flood hazard area. Council Minutes July 19, 1984 Page 4 Bob Moore 2694 North Shore Drive Bellingham, WA Nelda Sigurdson 5171 Ferndale Rd. Ferndale, Wa Jim Freeman 112 Acacia Place Bellingham, WA Myron Wambold P. 0. Box 2985 Bellingham, WA Russ Van Buren P. 0. Box 1078 Bellingham, WA Spoke against the ordinance that would require notification of per- spective property owners that the property is located in an alluvial fan flood hazard area. Spoke regarding the County Water Services ordinance. Opposed to the resolution, as it presently reads, regarding rate increases as proposed by Puget Power. Urged Council to reject the resolution as it now reads or refer to committee for re- wording. Spoke in support of the resolution he proposed that opposes electrical rate increases by Puget Power. Spoke in opposition to the resolu- tion that prohibits electrical rate increases by Puget Power. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES RESOLUTION - ELECTRICAL RATE INCREASE REQUESTED BY PUGET POWER HAWLEY MOVED THAT A RESOLUTION IN THE MATTER OF OPPOSING THE ONE HUNDRED FIVE MILLION DOLLAR ($105,000,000) RATE INCREASE REQUESTED BY PUGET SOUND POWER AND LIGHT COMPANY IN CAUSE NO. U -83 -54 BE REFERRED TO THE PUBLIC SERVICES COMMITTEE. Hawley spoke in support of his motion. Becker spoke against the motion and suggested that the resolution be voted on at tonight's meeting. Hawley withdrew his motion. BECKER MOVED FOR FINAL ADOPTION OF THE RESOLUTION. BECKER MOVED THE FOLLOWING AMENDMENT: "TO DELETE LINES 15 112 THROUGH 29 112, AND ADD THE FOLLOWING:" "BE IT RESOLVED, that the Whatcom County Council is opposed to an attempt to charge ratepayers for the costs of abandoned projects, and construction work in progress, and directs the County Council Chair to transmit this resolution to the State Utilities and Transportation Commission." Council Minutes July 19, 1984 Page 5 AND TO DELETE ALL REFERENCE TO " PUGET SOUND POWER AND LIGHT COMPANY," AND DIRECT THE CHAIR AND STAFF TO CORRECT THE RESOLUTION SO THAT IT IS GENERIC RATHER THAN REFERENCING PUGET POWER. Muenscher spoke against the amendment. Cole spoke in support of the amendment. Motion to amend the resolution carried. Motion to adopt the resolution, as amended, carried. ORDINANCE - REGULATING THE USE OF COUNTY -OWNED WATER SYSTEM ROEHL MOVED FOR FINAL ADOPTION OF AN ORDINANCE RELATING TO AND REGULATING THE USE OF COUNTY -OWNED WATER SYSTEM AND PROVIDING FOR THE SALE OF WATER, FIXING THE PRICE THEREOF PROVIDING A METHOD OF COLLECTING CHARGES THEREFOR, AND PROVIDING PENALTIES FOR VIOLATIONS. ROEHL MOVED TO SUBSTITUTE THE THIRD REVISION, DATED 7- 11 -84, AND BRING IT BEFORE THE COUNCIL. Motion carried. Roehl reported the Planning and Development Committee recommended approval. BECKER MOVED TO DEFER CONSIDERATION UNTIL THE NEXT COUNCIL MEETING. Becker spoke in support of her motion. Chairperson Cole re- stated the motion as TO POSTPONE ACTION UNTIL THE NEXT MEETING. Motion carried unanimously. ORDINANCE - AMENDING TITLE 1 ROEHL MOVED TO REFER THE ORDINANCE AMENDING TITLE 17 OF THE WHATCOM COUNTY CODE TO ESTABLISH CERTAIN AREAS OF THE COUNTY AS ALLUVIAL FAN FLOOD HAZARD AREAS AND TO SET FORTH THE PROCEDURE FOR PROVIDING NOTIFICATION TO PERSONS APPLYING FOR BUILDING PERMITS IN THESE AREAS BACK TO THE PLANNING AND DEVELOPMENT COMMITTEE. Motion carried. HAWLEY MOVED TO REFER TO THE PUBLIC SERVICES COMMITTEE. Roehl and Chairperson Cole spoke against the motion. Hawley spoke in support of his motion. Motion failed. ORDINANCE - AMENDING RESORT COMMERCIAL POLICY NO. A.1.1.2 Argument was heard from the following parties regarding AN ORDINANCE AMENDING THE RESPORT COMMERCIAL POLICY NO. A.1.1.2 OF THE POINT ROBERTS COMPREHENSIVE PLAN TEXT TO ALLOW EATING AND DRINKING ESTABLISHMENTS FOR A PORTION OF THE GEOGRAPHIC AREA KNOWN AS MAPLE BEACH: 'f. Council Minutes July 19, 1984 Page 6 Harry Fulton 1537 Glenn Cove Lane Bellingham, WA James Madden, Applicant 51 Bayview Drive Point Roberts, WA Spoke in support of the ordinance. Spoke in support of the ordinance. Bob Tull, Attorney Spoke in opposition to the Maple Beach Property Owners ordinance. P. 0. Box 1126 Ferndale, WA Harry Fulton Spoke in favor of the ordinance. 1537 Glenn Cove Lane Bellingham. WA Roehl reported the Planning and Development Committee recommended denial by a 2 -1 vote. ROEHL MOVED TO DENY THE RECOMMENDATION OF THE PLANNING COMMISSION. Roehl spoke in support of his motion. Muenscher spoke against the motion. Chairperson Cole re- stated the motion as TO DENY THE PLANNING COMMISSION'S RECOMMENDATION, DATED 4- 17 -84. Motion failed 3 -2 (Muenscher and Hawley). ROEHL MOVED TO APPROVE THE PLANNING COMMISSION'S RECOMMENDATIONS. Motion failed 2 -3 (Cole, Roehl, and Becker). The Council recessed for a few minutes. The Council re- convened. MUENSCHER MOVED TO RECONSIDER THE ORDINANCE. Motion carried. MUENSCHER MOVED TO DENY THE DECISION MADE BY THE PLANNING COMMISSION. Muenscher spoke in support of his motion. Motion carried 4 -0 (Hawley not present). ORDINANCE - REVISED BUDGET FOR ASSIGNED COUNSEL BUDGET Becker left the chambers due a possible conflict -of- interest. Muenscher reported the ORDINANCE AUTHORIZING A REVISED BUDGET FOR THE 1984 CURRENT EXPENSE FUND, ASSIGNED COUNSEL BUDGET THEREIN comes to the Council with a split 1 -1 recommendation from the Finance Committee (Becker not voting). Council Minutes July 19, 1984 Page 7 1984. Executive Van Zanten referred to her memorandum dated June 29, MUENSCHER MOVED FOR THE FINAL ADOPTION OF THE ORDINANCE. MUENSCHER MOVED TO AMEND THE ORDINANCE AS FOLLOWS: Line 19 Change "$25,000" to 11$30,000" Line 21 Change "$25,000" to 11$30,000" Chairperson Cole spoke against the motion. Chairperson Cole re- stated the motion as TO AMEND LINES 19 AND 21 BY CHANGING THE "$25,000" TO READ 11$30,000." Motion failed. ROEHL MOVED TO AMEND THE ORDINANCE AS FOLLOWS" Line 19 Line 21 Change 11$25,000" to "$5,000" Change "$25,000" to 11$5,000" Motion to amend the ordinance carried. Motion to adopt, as amended, carried 4 -0 (Becker abstained). OTHER BUSINESS CONSIDERATION OF APPEAL OF ASSESSOR'S DENIAL Roehl reported that the consideration of the appeal of the Assessor's denial of the Open Space Agriculture application filed by Darch Oborne comes to the Council without a recommendation. Vic Battson, Whatcom County Assessor, spoke regarding his denial of the Open Space application of Darch Oborne. The Obornes, although invited, did not appear. ROEHL MOVED TO UPHOLD THE RECOMMENDATION OF THE ASSESSOR'S OFFICE. Chairperson Cole re- stated the motion as TO DENY THE APPEAL AND UPHOLD THE RECOMMENDATION OF THE ASSESSOR'S OFFICE. Motion carried. PRELIMINARY PLAT - SANDY POINT ARM, DIVISION 3 Roehl reported the Planning and Development Committee recommended approval of the application of Sandy Point Heights Company for preliminary plat approval to create and develop a residential subdivision to be known as Sandy Point Arm, Division 2. t:fr; Council Minutes July 19, 1984 Page 8 ROEHL MOVED TO APPROVE THE APPLICATION FOR PRELIMINARY PLAT APPROVAL. ROEHL MOVED TO DELETE CONDITION #5 and #8 ON PAGE 11. Motion carried. ROEHL MOVED TO AMEND CONDITION #3 ON PAGE 11, AS FOLLOWS: "A Note shall appear 61 9MO fzidd df 9MO ffriiX OY iX zirid in the Restrictions and Covenants giving notice that the lots are subject to view restriction requirements under the Whatcom County Interim Zoning Ordinance . Sddifdrl 1L7 #lXQlQlL�SP1 /iirtd /XYidi! xHddd r�d¢��ff�d�6drixd *fly 111iff fm; dfdd ziAd Yddzifug df 160adfigd oYiddd 61 fMO Y6991 TMfd N6fd iMiX1 /i0ogZir /zit /9MO b0gfgAfig df fmi 06#ggiAfA, im in 160 u dzioffdy Xdxxdod, dAd df d f�00 dfid yiogdo XHdd u fmo b6dy df fmo dd6A06Af 1 Motion to amend Condition #3 carried. ROEHL MOVED TO DELETE CONDITION #6 ON PAGE 11. Motion carried. Chairperson Cole re- stated the motion on the floor as TO GIVE PRELIMINARY APPROVAL TO THE PLAT APPLICATION IN ACCORDANCE WITH THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDATIONS OF THE HEARING EXAMINER, AS NOW AMENDED. Motion carried. OPEN SPACE APPLICATIONS Roehl reported the Planning and Development Committee recommended approval and MOVED TO APPROVE THE OPEN SPACE APPLICATIONS OF E.A. de Wilde, and T. Andrews. Motion carried. CORRESPONDENCE RECEIVED Items 4a and 4c under OTHER BUSINESS were disposed of by consent, as noted on the agenda, the dispositions being as follows: 4a. J. Swanson -- concerning a revision to condition No. 34 of the preliminary plat of Peaceful Valley Division 2A (referred to Planning and Development Committee). 4c. Dave Edelstein, President of the Homebuilders Association concerning the proposed Planned Unit Development (PUD) Ordinance (referred to Planning and Development Committee) r -. Council Minutes July 19, 1984 Page 9 Item 4b, correspondence from Jacqueline Battson, Chair of the Mental Health /Drug Abuse Prevention Board -- concerning representation on the Board will be placed on the agenda for the August 2, 1984 Council meeting. Items 5, 6, 7, and 8 under OTHER BUSINESS were disposed of by consent, as noted on the agenda, the dispositions being as follows: 5. Hearing Examiner recommendations regarding the application of Welsh Development, Inc., fora- Major development Permit and Preliminary Plat approval to create a residential subdivision and ercreational development known as "Seacliffe Park" (referred to Planning and Development Committee). 6. Hearing Examiner recommendations regarding the application of Lonnie A. Collins for Preliminary Plat approval to create and develop a residential subdivision to be known as Timberline Terrace Estates: (referred to Planning and Development Committee). 7. Petition received from Dale A. Ennor, City Manager for the City of Blaine, requesting the County to grant a franchise to the City (referred to Public Services Committee). 8. Appeal filed by Jacob Smith, Attorney for Douglas Buck, to the Council to review a decision of teh Hearing Examiner regarding Conditional Use Permit CU 21 -83 (referred to Committee of the Whole). INTRODUCTION OF RESOLUTIONS AND ORDINANCES RESOLUTION - AUTHORIZING CONTRACTUAL AGREEMENT FOR LEACHATE STUDY BECKER INTRODUCED AND MOVED FOR FINAL ADOPTION A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACTUAL AGREEMENT FOR PHASE II CONSULTING SERVICES BETWEEN WHATCOM COUNTY AND HARPER -OWES FOR LANDFILL LEACHATE STUDY. Becker reported the Finance Committee recommended approval. Motion to approve the resolution carried. Items 2, 3, under INTRODUCTION OF RESOLUTIONS AND ORDINANCES , were introduced by consent and disposed of as noted on the agenda, the dispositions being: 2. Ordinance authorizing a revolving fund for the Whatcom County Public Defender's Office (referred to Finance Committee) Council Minutes July 19, 1984 Page 10 3. Ordinance authorizing a revised budget for the 1984 Current Expense Fund, Non - Departmental, DWI Program Budget therein (referred to Finance Committee) Items 4 and 5 under INTRODUCTION OF RESOLUTIONS AND ORDINANCES were introduced by consent and referred as noted: 4. Ordinance amending the Official Whatcom County Zoning Ordinance, Title 20 to adopt Chapter 20.85 and amend Chapter 20.92, Planned Unit Development (PUD) (referred to a Committee -of- the -Whole meeting) 5. Ordinance relating to the control of large domestic animals in the unincorporated areas of Whatcom County providing for administration, regulation, enforcement and penalties pursuant to RCW and amending by modifying Chapters 6.04.010 and 6.04.020 of the Whatcom County Code and designating the Department of Public Works as the responsible authorized agency for administration andd enforcement of control of large domestic animals pursuant to RCW (referred to a Committee -of- the -Whole meeting) An ORDINANCE ESTABLISHING AN EXPO 186 CONTINGENCY FUND was introduced by consent and referred to the Finance Committee. Meeting adjourned at 11:50 p.m. WHATCOM COUNTY COUNCIL WRA-T- OM COUNTY.; WAOINGTON erg c:ole Chairp son ,ATTkST: - Clerk of the Co cil CMJUL .02 r.•�r s