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HomeMy WebLinkAboutCounty Council for October 18 1984OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL Minutes -- October 18, 1984 The.Whatcom County Council was called to order on Thursday, October 18, 1984, by Chairperson Cole with gall members present. MINUTES The minutes of the October 4, 1984 Council meeting were corrected as follows and approved: Page 4, first paragraph "Pe}tepeted restated" The minutes of the October 9, 1984 Special Council meeting were approved as written. ANNOUNCEMENT OF APPOINTMENT OF HEARING EXAMINER Chairperson Cole announced that Campbell Kintz had been appointed as the Hearing Examiner. EXECUTIVE ITEMS OVERLIMIT TRANSFER - FEDERAL SHARED REVENUE, FROM JAIL CONSTRUCTION BUDGET TO COURTHOUSE BUDGET Executive Van Zanten provided background information'on the resurfacing of the roof on the northside of the courthouse, and the resurfacing and striping of the parking lot, which were covered in this overlimit transfer. The amount of the transfer is $34,000.00 in the the.Federal Shared Revenue Fund from the Jail Construction Budget to the Courthouse Budget. BECKER MOVED TO APPROVE THE OVERLIMIT TRANSFER. Becker stated that the Finance Committee recommended approval of the overlimit transfer. Motion carried. REQUEST FOR ADMINISTRATION OF SOLDIERS AND SAILORS RELIEF FUND Executive Van Zanten gave the background of this request and then presented the Council with a Resolution approving and endorsing procedures for administration and investigation of applications for assistance from the Whatcom County Soldiers and Sailors Relief Fund. The Resolution was introduced by consent and referred to the Public Services Committee. Council minutes October 18, 1984 Page 2 PRESENTATION OF PROPOSED 1985 WHATCOM COUNTY BUDGET Executive Van Zanten presented Council members with her 1985 budget message dated October 18, 1984 and highlighted certain aspects of the message. Becker distributed the Finance Committee schedule to the Council members and stated that Council members would be notified by the Clerk as to when each department would be scheduled to meet with the Finance Committee. HEARING PETITION TO VACATE UNNAMED COUNTY ROAD BETWEEN GRANDVIEW AND ENTERPRISE ROADS - PETER HARKSELL, SR. The hearing was declared open in the matter of the petition to vacate a county road (unnamed) between Grandview and Enter- prise Roads, filed by Peter Harksell, Sr. Being that no testimony was received, the hearing was closed. Roehl reported that the Planning and Development Committee recommended to allow the vacation of the unnamed road and that the fair market value was set at $1,940.00 by the Engineering office. ROEHL MOVED THAT THE COUNCIL ROAD (UNNAMED) BETWEEN GRANDVIEW CONDITION THAT THE SUM OF $1,940 Motion carried. OPEN SESSION George Wilcox 4146 W. Maplewood Bellingham, WA Dave Williams 2926 Lynn St. Bellingham, WA VACATE THAT PARTICULAR COUNTY AND ENTERPRISE ROADS ON THE BE PAID BY THE APPLICANT. Spoke regarding the Soldiers and Sailors Relief Fund and supported having no action on the request by Major Lepic. Requested that Council members meet with members of the Vietnam Veterans of America regarding the Soldiers and Sailors Relief Fund. Council Minutes October 18, 1984 Page 3 FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES RESOLUTION - ASSISTING PROPERTY OWNERS IN ESTABLISHING THEIR PROPERTY UNDER THE OPEN SPACE ACT MUENSCHER MOVED FOR FINAL ADOPTION OF THE RESOLUTION ASSISTING PROPERTY OWNERS IN ESTABLISHING THEIR PROPERTY UNDER THE OPEN SPACE ACT, CHAPTER 84.34 R.C.W. Muenscher spoke to the motion. Muenscher introduced Rand Jack who was present at the meeting in order to answer any questions the Council members may have regarding the resolution. Mr.. Jack explained the background of the resolution further. Becker spoke in favor of the resolution. JOHNSON MOVED TO INTRODUCE AND SUBSTITUTE THE RESOLUTION WITH A RESOLUTION IN THE MATTER OF OPEN SPACE DEDICATION CON- CERNING AGRICULTURAL AND TIMBER LANDS. Johnson spoke to the substitute resolution. Roehl spoke regarding the wording of the substitute resolu- tion. Becker also addressed the wording of the:,substitute resolution. Cole spoke against the substitute resolution. Roehl spoke against the substitute resolution and spoke in favor of the original resolution. Motion to substitute failed. Hawley spoke against the original motion. Motion to adopt the resolution assisting property owners in establishing their property under the Open Space Act, Chapter 84.34 R.C.W. carried. Hawley and Johnson abstained. ORDINANCE TO REVISE THE 1984 CURRENT EXPENSE FUND, DISTRICT COURT AND PROSECUTING ATTORNEY BUDGETS THEREIN BECKER MOVED FOR FINAL ADOPTION OF AN ORDINANCE TO REVISE THE 1984 CURRENT EXPENSE FUND, DISTRICT COURT AND PROSECUTING ATTORNEY BUDGETS THEREIN. Council Minutes October 18, 1984 Page 4 Becker stated that the Finance Committee recommended that the ordinance be amended so as to separate the two budgets into two separate ordinances, and adjust the total revenue amounts accordingly. BECKER MOVED TO AMEND THE ORDINANCE BY DELETING THE DISTRICT COURT PORTION OF THE ORDINANCE UNDER "EXPENDITURES" AND ADJUST THE REVENUE AMOUNT ACCORDINGLY. Becker spoke to the amendment. Cole restated the amendment and said that on line 18 the revenue amount would be reduced to $11,211.00, the District Court Expenditures which are between lines 20 and 24 inclusive would be stricken, so that the total expenditure amount for the Prosecuting Attorney's budget would read $11,211.00. Motion to amend carried. BECKER MOVED TO AMEND THE ORDINANCE BY INSERTING THE FOLLOWING WORDING ON LINE 14: "AND LET IT BE FURTHER ORDAINED that any employees hired under this ordinance shall be temporary employees whose tenure shall not exceed the period of the grant revenue supplied for this project by the State of Washington." Motion to amend carried. The motion to adopt the ordinance, as amended carried. (6 -1, Muenscher). BECKER MOVED TO REQUEST THE ADMINISTRATION AND THE COUNCIL'S ATTORNEY TO DRAFT AN ORDINANCE REQUIRING THAT NO GRANTS BE ACCEPTED AND NO PERSONNEL BE HIRED PURSUANT TO GRANTS UNLESS THE GRANT APPLICATION HAS RECEIVED PRIOR APPROVAL FROM THE COUNCIL. Hansey and Cole requested that the Budget Director ask the attorney what obligation the County has with regard to temporary employees and unemployment compensation. Becker spoke to the motion. Motion carried. OTHER BUSINESS CONSIDERATION OF STARRY /HAMMER APPEAL (L.C.R. 1 -84) This agenda.item will be held until the November 1, 1984 Council meeting at the request of the attorney for the case. Council Minutes October 18, 1984 Page 5 NOMINATIONS TO THE BOARD OF EQUALIZATION The nominations to the Board of Equalization will be held open until the January 3, 1985 Council meeting. PRELIMINARY PLAT APPROVAL - MOORLAND ESTATES ROEHL MOVED TO APPROVE THE PRELIMINARY PLAT APPLICATION TO CREATE AND DEVELOP A RESIDENTIAL SUBDIVISION KNOWN AS "MOORLAND ESTATES" FILED BY ROBERT E. MOORE, ACCORDING TO THE HEARING EXAMINER'S RECOMMENDATIONS. Roehl stated that the Planning and Development Committee recommended approval. ROEHL MOVED TO AMEND THE MOTION TO DELETE THE LANGUAGE IN CONDITION #8 OF THE HEARING EXAMINER'S RECOMMENDATION AND INSERT THE FOLLOWING LANGUAGE FROM DONOVAN KEHRER'S MEMO DATED OCTOBER 16, 1984: "LANGUAGE TO APPEAR ON THE FACE OF THE PLAT: NOTE: Soil types indicate that a perched water table may be present during the winter months. Care should be used in providing for adequate damp - proofing of subsurface basements." Mr. Fulton, representing the applicant, was asked if the amendment was agreeable to his client. He stated it was agree- able. Motion to amend carried. ROEHL MOVED TO AMEND THE MOTION BY DELETING CONDITION #22 OF THE HEARING EXAMINER'S RECOMMENDATION. Roehl stated that the deletion of this condition had been discussed in the Planning and Development Committee meeting. It involves the requirement that the developer put in a stub road for use as a future outlet from the development. Roehl stated that the City of Ferndale had been contacted and the Council had received a letter from the City dated October 17, 1984, stating the proposed.road would not create any signifi- cant impacts on the Church road, and there is no need to eliminate the currently proposed access to Church Road. The motion carried. The motion to approve the preliminary plat, as amended, carried. Council Minutes October 18, 1984 Page '6 LOT LINE VACATION, LOTS 95 AND 96, DIVISION 3, SUDDEN VALLEY, FILED BY OLIVE LOCKITCH ROEHL MOVED TO RECOMMEND APPROVAL OF THE PETITION REQUESTING A LOT LINE VACATION BETWEEN LOTS 95 AND 96, DIVISION 3, IN THE PLAT OF SUDDEN VALLEY, FILED BY OLIVE LOCKITCH. Roehl reported that the Planning and Development Committee recommended approval of the application. The motion carried. BINDING SITE PLAN - REQUEST THAT PLANNING CO11MISSION ISOLATE FROM SUBDIVISION ORDINANCE' ROEHL MOVED THAT THE COUNCIL REQUEST THAT THE BINDING SITE PLAN BE ISOLATED FROM THE SUBDIVISION ORDINANCE AND THAT THE PLANNING COMMISSION BE REQUESTED TO REVIEW IT AND FORWARD IT AS EXPEDITIOUSLY AS POSSIBLE FOR COUNCIL ACTION. Roehl gave the Planning and Development Committee's report stating that the Committee recommended that Council make this request. Cole restated the motion saying that the Council would send a request to the Planning Commission to isolate the binding site plan from the ordinance, review it and return it as expedi- tiously as possible for Council action if this motion passes. The motion carried. BUILDING PERMIT PROCESS - COUNCIL ENDORSEMENT ROEHL MOVED THAT THE COUNCIL ENDORSE THE REPORT ON THE BUILDING PERMIT PROCESS AND GOALS CONTAINED IN THE COUNTY EXECUTIVE'S MEMO DATED JULY 24, 1984. Roehl reported that the Planning and Development Committee recommended that the Council endorse this report. The motion carried. The following items were moved by consent and referred as noted below: Hearing Examiner's recommendations regarding the application of Mt. Baker Mutual Savings Bank for preliminary plat approval to create and develop a residential subdivision known as "Sudden Valley Division 36, Area Q" (referred to Planning and Development Committee) Council Minutes October 18, 1984 Page 7 Petition to vacate a lot line between lots 45 and 46, Division 4, Paradise Lakes Country Club, filed by Park and Sekoutris (schedule a public hearing and refer to Planning and Development Committee) LIQUOR LICENSE APPLICATION - JACKPOT FOOD MART CO. JOHNSON MOVED TO APPROVE THE LIQUOR LICENSE APPLICATION FOR CLASS EF BY JACKPOT FOOD MART CO. Johnson reported that the Law and Justice Committee recommended approval of the application. Cole spoke on the Class EF license clarifying that consumption would occur off the premises. The motion carried. CORRESPONDENCE REQUESTING APPEAL OF BREAKERS BE WITHDRAWN BECKER MOVED TO DISMISS THE APPEAL OF THE BREAKERS. Motion carried. INTRODUCTION OF RESOLUTIONS AND ORDINANCES RESOLUTION ESTABLISHING DATE FOR PUBLIC HEARING - 1985 ROAD CONSTRUCTION PROGRAM ROEHL MOVED TO INTRODUCE AND ADOPT THE RESOLUTION IN THE MATTER OF ESTABLISHING A DATE FOR PUBLIC HEARING ON WHATCOM COUNTY'S 1985 ROAD CONSTRUCTION PROGRAM. The motion carried. RESOLUTION - ADOPTING 1985 ROAD CONSTRUCTION PROGRAM The resolution adopting the Whatcom County 1985 Road Construc- tion Program was introduced by consent, scheduled for public hearing on November 15, 1984, and referred to the Public Services Committee. RESOLUTION - ESTABLISHING DATE FOR PUBLIC HEARING - 1985 HOUSING AND COMMUNITY DEVELOPMENT PLAN ROEHL MOVED TO INTRODUCE AND ADOPT THE RESOLUTION IN THE MATTER OF ESTABLISHING A DATE FOR PUBLIC HEARING ON WHATCOM COUNTY'S 1985 HOUSING AND COMMUNITY DEVELOPMENT PLAN. Council Minutes October 18, 1984 Page 8 The hearing date was set for November 15, 1984. The motion carried. RESOLUTION - ADOPTION OF 1984 UPDATED WHATCOM COUNTY COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN ROEHL MOVED TO INTRODUCE THE RESOLUTION REGARDING THE MATTER OF ADOPTION OF THE 1984 UPDATED WHATCOM COUNTY COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN AND REFER THE RESOLUTION TO THE COMMITTEE OF THE WHOLE. The motion carried. OTHER BUSINESS OPEN SPACE APPLICATION - MACDONALD The open space application filed by Lloyd MacDonald is referred to the Planning Commission. The meeting was adjourned at 9:30 p.m. WHATCOM COUNTY COUNCIL ATTEST: - Carol Ebergson Clerk of the Cou cil