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HomeMy WebLinkAboutCounty Council for May 17 1984�r OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL Minutes -- May 17, 1984 The Whatcom County Council was called to order on Thursday, May 17, 1984 at 9:05 p.m. by Chairperson Cole with all members present, except Roehl, who was excused. MINUTES There were no minutes available for review. Hawley suggested that the OPEN SESSION portion of the agenda be considered as the first item of business. Council agreed. OPEN SESSION Mark Anderson, Principal North Bellingham School Northwest Road Bellingham, WA Nelda Sigurdson 5171 Ferndale Road Ferndale, WA Elizabeth Bailey North Bellingham Resident Clara Wieland 4041 Tarte Road Ferndale, WA EXECUTIVE ITEMS Spoke regarding the Ordinance relating to the implementation of the County Services Act.` Spoke regarding the Ordinance relating to the implementation of the County Services Act. Suggested to the Council that more research regarding the implementation of the County Services Act in the North Bel- lingham area is needed prior to its implementation. Spoke regarding the County Services Act and solid waste disposal. BID AWARD - WILDER CONSTRUCTION Executive Shirley Van Zanten requested authorization to award a bid to Wilder Construction Company for the reconstruction of the Heron Lane Bridge over Johnson Creek in the amount of $80,406.00 (which includes tax). BECKER MOVED TO AUTHORIZE THE BID AWARD, AS DETAILED BY THE COUNTY EXECUTIVE, AND PASS THE I:i:`'IATING RESOLUTION, SUBJECT TO THE RECEIPT OF CITY /COUNTY AGREE- -iT SUPPLEMENT #3. Becker re- quested the County Engineer to report back to Council on options available other than building /replacing bridges on isolated roads. Council Meeting May 17, 1984 Page 2 Chairperson Cole requested that the Executive report back to the Finance Committee regarding the options available to the County regarding bridge reconstruction on isolated roads. Motion to authorize the bid award and pass the initiating resolution carried. ,,, OVERLIMIT TRANSFER - 1984 SELF INSURANCE FUND Executive Van Zanten requested authorization of an overlimit transfer to the 1984 Self Insurance Fund in the amount of $116,782.64. Executive Van Zanten explained that this transfer is a procedural change to assist the Auditor's Office in identifying monies paid to the State and to individuals in the Self Insurance Fund for Industrial Insurance. BECKER MOVED TO APPROVE THE TRANSFER. Motion carried. BID AWARD - ALPINE H & S. INC. Executive Van Zanten requested authorization of a bid award to Alpine H & S, Inc. for crushed aggregate for Lummi Island in the amount of $97,280. The Executive explained that the bid award was not reviewed by the Finance Committee and because the Lummi Island ferry is scheduled to be closed down for 10 -14 days beginning the 1st of June, it was desired to obtain authorization to award the bid at tonight's Council Meeting. The necessary equipment could be transported prior to the closure of the ferry. Hawley requested that this matter be referred to the Finance Committee prior to awarding the bid. BECKER MOVED THAT THE BID AWARD BE REFERRED TO THE FINANCE COMMITTEE FOR REVIEW. Motion carried. CERTIFICATE OF GOOD PRACTICE Executive Van Zanten presented Ed Henken, Engineer, with a Cer- tificate of Good Practice from the County Road Administration Board. REPORT FROM THE EXECUTIVE " The Executive reported that negotiations with the County's union employees of the Teamsters' Union have been settled and that Harold Raymond, Personnel Director; and a representative from the Teamsters' Union are working on the language for the three -year contract. The Executive stated that the new contract will be pre- sented to the Council at its-June 7, 1984, meeting. "The Executive reported that three proposals have been received by the County for a drainage study and that it may be possible that a request for authorization to award the bid may be presented at the June 7th Council meeting. Council Meeting May 17, 1984 Page 3 REPORT FROM THE EXECUTIVE (CONT'D) -/The Executive presented to the Council, for its information, a memorandum, dated 5 -11 -84 from Ed Henken, Engineer, regarding the equipment replacement program. HEARINGS LOT LINE VACATION - ARCHER Hearing was declared open regarding a petition to vacate a lot line between Lots 53 and 54, Division 5, Plat of Sudden Valley, filed by Thomas Archer. Being that no testimony was received, the hearing was closed. Hansey reported the Planning and Development Committee recom- mended approval of the lot line vacation subject to the outcome of the public hearing. HANSEY MOVED TO APPROVE THE PETITION TO VACATE THE LOT LINE BETWEEN LOTS 53 and 54, DIVISION 5, PLAT OF SUDDEN VALLEY, FILED BY ARCHER. Motion carried. ORDINANCE - GRANTING NON- EXCLUSIVE FRANCHISE TO PARADISE LAKES' COUNTRY CLUB Hearing was declared open regarding an ORDINANCE IN THE MATTER OF GRANTING A NON - EXCLUSIVE FRANCHISE TO PARADISE LAKES COUNTRY CLUB, FOR A PERIOD OF 25 YEARS PURSUANT TO STATE LAW AND SECTION 9.30 OF THE WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE AND MAIN- TAIN WATER MAINS AND WATER DISTRIBUTION LINES ALONG CERTAIN ROADS WITHIN THE UNINCORPORATED AREA OF WHATCOM COUNTY. The following testimony was received: Esther Henderson Requested that the Council Board of Trustees approve the petition for the Paradise Lakes Country franchise. Club Being that no further testimony was received, the hearing was closed. Hansey reported the Planning and Development Committee recom- mended approval subject to the outcome of the public hearing. HANSEY MOVED FOR THE FINAL ADOPTION OF THE ORDINANCE. Motion carried unanimously. Council Meeting May 17, 1984 Page 4 RESOLUTION - CHANGING THE NAME OF VINING STREET Hearing was declared open regarding a RESOLUTION CHANGING THE NAME OF VINING STREET TO VINING ROAD OUTSIDE THE CITY OF BELLINGHAM. Being that no testimony was received, the hearing was closed. Hansey reported the Planning and Development Committee recom- mended approval of the resolution subject to outcome of the public hearing. HANSEY MOVED FOR FINAL PASSAGE OF THE RESOLUTION. Motion carried. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES ORDINANCE - IMPLEMENTING COUNTY SERVICES ACT BECKER MOVED TO REFER BACK TO THE PLANNING AND DEVELOPMENT COMMITTEE AN 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 WATER, FIXING THE PRICE THEREOF, PROVIDING A METHOD OF COLLECTING CHARGES THEREFOR, PROVIDING PENALTIES FOR VIOLATIONS. Motion carried. Hawley requested that the Clerk notify the proper entities regarding this ordinance. ORDINANCE - REVISED BUDGET FOR FEDERAL SHARED REVENUE "BECKER MOVED FOR FINAL ADOPTION OF AN ORDINANCE AUTHORIZING A REVISED BUDGET FOR THE 1984 FEDERAL SHARED REVENUE FUND. Becker reported the Finance Committee recommended approval of the ordinance. Motion to adopt carried unanimously. ORDINANCE - FINAL MATURITY DATE FOR CONSOLIDATED DRAINAGE IMPROVEMENT DISTRICT NO.. 31 BONDS. Cynthia Weed from Preston, Thorgrimson, Ellis and Holman, Bond Counsel for Whatcom County explained that the bonds issued and sold in November 1983 were interim bonds, to be replaced at a time when the final bonds were printed. Ms. Weed stated the final bonds were now ready for exchange. BECKER MOVED FOR FINAL ADOPTION OF AN ORDINANCE OF THE COUNTY COUNCIL OF WHATCOM COUNTY, WASHINGTON, AMENDING ORDINANCE NO. 83 -88 Council Meeting May 17, 1984 Page 5 TO CONFIRM A FINAL MATURITY DATE FOR THE IMPROVEMENT DISTRICT NO. 31 BONDS, 1983, FIRMING ORDINANCE NO. 83 -88. Motion to OTHER BUSINESS CONSOLIDATED DRAINAGE AND RATIFYING AND CON - adopt carried unanimously. APPLICATION OF GENESIS DEVELOPMENT COMPANY HANSEY MOVED THAT THE APPLICATION OF GENESIS DEVELOPMENT COMPANY FOR MAJOR DEVELOPMENT PERMIT AND PRELIMINARY PLAT APPROVAL. TO CREATE AND DEVELOP A COMMERCIAL RECREATIONAL COMPLEX KNOWN AS "EXIT 270" BE APPROVED. Hansey reported the Planning and Development Committee recom- mended approval as amended. HANSEY MOVED TO DELETE CONDITION #50, as follows: "All sites shall positively drain. All sites shall be free from standing water in the summer. Fifty percent of the sites shall be free from standing water in the winter." Motion to delete Condition #50 carried. Chairperson Cole re- stated the motion as to APPROVE THE APPLI- CATION MDP 3 -83 and L.S. 8 -83 IN ACCORDANCE WITH THE HEARING EXAMINERS RECOMMENDATIONS, DATED 13 APRIL 1984, AS AMENDED. Motion carried. APPLICATION OF MT. BAKER MUTUAL SAVINGS BANK. Hansey reported the Planning and Development Committee recom- mended approval and MOVED THAT THE APPLICATION OF MT. BAKER MUTUAL SAVINGS BANK FOR PRELIMINARY PLAT APPROVAL TO CREATE AND DEVELOP A RESIDENTIAL SUBDIVISION KNOWN AS SUDDEN VALLEY, DIVISION 35, AREA "K" BE APPROVED. Chairperson Cole re- stated the motion as TO APPROVE THE APPLI- CATION OF MT. BAKER MUTUAL SAVINGS BANK IN THE MATTER OF FILE NUMBER L.S. 3 -84 IN ACCORDANCE WITH THE FINDINGS OF FACT AND RECOMMENDATION OF THE HEARING EXAMINER. Motion carried. VACATION OF FOURTH STREET. CITY OF CUSTER PLAT BE.CKER MOVED TO GRANT AN ORDER OF VACATION FOR THE PROPERTY, APPLIED FOR BY CHUCK SWIFT, ON FOURTH STREET IN THE CITY OF CUSTER PLAT AND THAT THE COUNCIL INCORPORATE THE FOLLOWING LANGUAGE INTO THE ORDER OF VACATION: 111. That the vacated property shall be maintained in a clean, neat and sanitary-cond tiori, and that no damaged teh�cles vehicle parts, or related items shall be stored upon said property. M r Council Meeting May 17, 1984 Page 6 "2. That the portion of the property abutting Portal Way shall be used for customer and /or public parking. The parking area, and spaces, shall be marked or otherwise identified so as to assure orderly and safe parking by customers and /or members of the public." Becker explained that the issues raised by some of the resi- dents of Custer were resolved at the Planning and Development Committee meeting. Chuck Swift, petitioner, stated that he had no objection to Condition #1; however, he objected to the language of Condition #2. Becker suggested amending the first sentence of Condition #2 as follows: "That a_ portion of the property abutting Portal Way shall be used for customer and /or public parking." Mr. Swift stated that he had no objection to Becker's proposed amendment. BECKER MOVED TO HOLD THIS MATTER UNTIL THE NEXT MEETING SO AS TO CONFER WITH MR. DISEND, PROSECUTING ATTORNEY, REGARDING THE LANGUAGE IN CONDITION #2. Motion carried. BOARD OF EQUALIZATION VACANCIES Chairperson Cole announced that three appointments are to be made to the Board of Equalization as follows: "Council may appoint two persons in District I and one in District II or III, or one member in each District I, II, or III." HANSEY MOVED THAT THE POSITION OF ARNE HANNA BE DECLARED VACANT BY REFERENCE TO STATE LAW, DUE TO HIS ELECTION TO THE BELLINGHAM CITY COUNCIL. Motion carried. HAWLEY MOVED TO ELECT ONE PERSON IN EACH DISTRICT AND STRUCTURE THE NOMINATIONS ACCORDINGLY. Motion failed. Hawley requested that his motion be re- voted. Chairperson Cole re- stated the motion as TO APPOINT ONE PERSON IN EACH DISTRICT AND STRUCTURE THE NOMINATIONS ACCORDINGLY. Motion failed. •1 Council Meeting May 17, 1984 Page 7 HANSEY MOVED TO COMPLETE SELECTIONS IN THE FIRST DISTRICT AND PROCEED TO THE. OTHERS. Motion carried. Hansey nominated Jere Hawn. Becker nominated Zetta Bracher. Muenscher nominated James Beletz.. MUENSCHER MOVED TO SUSPEND THE RULES AND VOTE IMMEDIATELY ON ALL THREE POSITIONS. Motion carried unanimously. JOHNSON MOVED TO CLOSE NOMINATI.ONS'IN DISTRICT I. Motion carried. The three candidates for District I. were Jere Hawn, Zetta Bracher and James Beletz. The voting was as follows: Johnson - Bracher Becker - Bracher Hawley - Bracher Muenscher - Beletz Cole - Bracher Hansey -- Hawn Zetta Bracher was appointed to the Board of Equalization, District I, having received a majority vote. Nominations were opened in Districts I, II, or III. Hawley nominated Bob Bruce, District III. Muenscher nominated Helen Rhea, District II. Becker nominated Bob.Bengen, District II. Johnson nominated Howard Sheline, District ITI. Becker nominated Ginny Walst, District III. HAWLEY MOVED THAT NOMINATIONS BE CLOSED. Motion carried. Chairperson Cole stated that each Councilmember should state their preference for two different people, not in the same district. Hansey spoke in support of Helen Rhea and Jere Hawn. Muenscher spoke in support of Helen Rhea.. Johnson spoke in support of Howard Sheline. Becker spoke in support of Ginny Walsh and Bob Bengen, and against Howard Sheline for reasons relating to his recent employ- ment with the Assessor's Office. Chairperson Cole spoke in support of Helen Rhea and Ginny Walsh. The candidates are as follows: DISTRICT I Jere Hawn James Beletz D I STR I'CT II Helen Rhea Bob. Bengen Howard Sheline The results were as follows: DISTRICT III Bob Bruce Ginny Walsh_ Becker -- Bengen and Walsh. Muenscher ­Rhea and Walsh. Hawley Bruce and Rhea Cole - Rhea and Walsh Hansey - Rhea and Hawn- Johnson - Bruce and Sheline Council Minutes May 17, 1984 Page 8 Helen Rhea, District II, was appointed to the Board of Equali- zation, having received a majority vote. Chairperson Cole stated that the results were inconclusive as to the other candidates. Hansey changed his vote from Jere Hawn to Ginny Walsh. Walsh, District III, was appointed to the Board of Equaliza- tion, having received a majority vote. HANSEY MOVED THAT THE DISTRICT I POSITION BE DECLARED THE TERM THAT EXPIRES ON MAY 21, 1984, AND BRACHER BE APPOINTED TO SUCCEED HERSELF FOR AN ADDITIONAL FULL TERM EXPIRING ON JUNE 30, 1987. The Chair re- stated the motion as THAT THE DISTRICT I POSITION UNEXPIRED TERM WILL END ON MAY 21, 1984 AND THAT IT BE DECLARED THAT BRACHER BE APPOINTED FOR A SUBSEQUENT THREE YEAR TERM BE- GINNING ON MAY 22, 1984. Hawley spoke against the motion. Motion carried. .. HANSEY MOVED TO STIPULATE THAT THE RHEA TERM EXPIRE JUNE 30, 1985. Motion carried. HANSEY MOVED THAT THE WALSH TERM EXPIRE JUNE 30, 1986. Motion carried. CORRESPONDENCE The following correspondence was received and referred as noted on the agenda: 1. ..Raymond and Barbara Kendall regarding ditch maintenance on the Behme Road, Custer, (referred to Public Services Committee). 2.- "Maple Beach property owners regarding proposed amendments to the Point Roberts Comprehensive Plan (referred to Planning and Development Committee). INTRODUCTIONS OF RESOLUTIONS AND ORDINANCES RESOLUTION - IMPROVING WOODS ROAD "BECKER MOVED FOR FINAL ADOPTION OF A RESOLUTION IN THE MATTER OF IMPROVING THE WOODS ROAD FROM THE KELLOGG ROAD SOUTHERLY 1400 FEET WITHIN THE CITY OF BELLINGHAM; AND THE KELLOGG ROAD FROM THE WOODS ROAD WESTERLY 1000 FEET WITHIN ININCORPORATED WHATCOM COUNTY. Council Minutes May 17, 1984 Page 9 Becker reported the Finance Committee recommended approval. Motion carried unanimously. ,,. RESOLUTION DEMOLISHING TWO COUNTY OWNED BUILDINGS BECKER MOVED FOR FINAL ADOPTION OF A RESOLUTION ACCEPTING THE LOW BIDDER FOR DEMOLISHING TWO COUNTY OWNED BUILDINGS AND AUTHORIZ- ING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT WITH R AND R CONSTRUCTION, FOR THE REMOVAL OF THE TWO STRUCTURES LOCATED AT 210 PROSPECT STREET, AND 217 -221 GRAND AVENUE, BELLINGHAM, WASHINGTON. Becker reported the Finance Committee recommended approval of the resolution. Motion carried. BECKER MOVED TO REQUEST THE ADMINISTRATION TO PREPARE A PLAN FOR THE UTILIZATION OF THE PARKING AREA, AND THAT THE PLAN BE BROUGHT BACK BEFORE THE COUNCIL BEFORE ANY STEPS ARE TAKEN TO IMPLEMENT IT. Becker re- stated her motion as TO REQUEST THE ADMINISTRATION TO DEVISE A SPECIFIC PLAN FOR HOW THAT PARKING IS GOING TO BE ADMINISTERED IN THOSE TWO AREAS AND REPORT BACK TO THE COUNCIL FOR APPROVAL BEFORE ANY STEPS ARE TAKEN TO CARRY IT OUT. Motion carried. Chairperson Cole stated that Item #5, an Ordinance authorizing a revision to the 1984 Mental Health Fund, has been striken from the agenda. Items 3, 4, 6, and 7, under INTRODUCTIONS OF RESOLUTIONS AND ORDINANCES were introduced by consent and disposed of as noted on the agenda, the dispositions being: 3. Ordinance to provide a revised budget for the 1984 Current Expense, Non - Departmental W.S.A.C. Dues Budget therein (referred to Finance Committee). 4.1 Ordinance authorizing a revised budget for the 1984 Current Expense Fund, Non - Departmental, Humane Society Budget therein (referred to Finance Committee). Council Minutes May 17, 1984 Page 10 6.✓ Ordinance adopting a supplemental budget for the Whatcom County Road Fund 1984 Budget (referred to Finance Committee). 7. Ordinance in the matter of granting a non - exclusive franchise to Nation Wide Cablevision, Inc., for a period of 25 years pursuant to State Law and Section 9.30 of the Whatcom County Home Rule Charter, to operate and maintain a cable communication system within the unin- corporated areas of Whatcom County (referred to Public Services and scheduled for a public hearing on June 21, 1984). Chairperson requested permission from Council to add three Ordinances to the agenda for introduction and referral to the Planning and Development Committee. Council had no objection. The following ordinances were introduced by consent and referred to the Planning and Development Committee: 1.-'An Ordinance amending the Urban Fringe Official Zoning Map from Urban Residential Medium Density Twelve (12) Units per acre to Urban Residential Medium Density Eighteen (18) units per acre for certain land situated south of I -5, west of Maplewood Avenue and north of the Bellingham city limits (.scheduled for public hearing on June 7, 1984). 2. 'An Ordinance amending the Urban'Fringe Official Zoning Map for certain areas located east of and adjacent to I -5 frontage road, south of Slater Road and north of West Bakerview Road. 3. --An Ordinance amending the Urban Fringe Comprehensive Plan Map for certain areas located east of and adjacent to I -5 frontage road, south of Slater Road and north of West Bakerview Road. REPORT OF COMMITTEES AND OTHER ITEMS OF CONCERN FROM COUNCIL MEMBERS Chairperson Cole stated that Bellingham City Mayor Tim Douglas requested that Council make an appointment to the Mt. Baker Theatre Management and Operations Board. Hansey stated that he will be out of town from May 23, 1984 through June 11, 1984. Council Minutes May 17, 1984 Page 11 Meeting adjourned at 11:00 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON �. aig W, o e Chairp n ATTEST: C�. Clerk of the ,Coounc'