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HomeMy WebLinkAboutCounty Council for April 21 1983WHATCOM COUNTY COUNCIL Minutes April 21, 1983 The Whatcom County Council meeting was called to order on Thursday, April 21, 1983, at 7 :32 p.m., by Chairperson Cole, with all members present except Muenscher. The minutes of the April 7, 1983 meeting were approved as presented. EXECUTIVE ITEMS BOARD APPOINTMENT Executive Louws requested confirmation of the appoint- ment of Neill Mullen to fill the unexpired term of Phyllis Entrikin, of the Whatcom Museum of History and Art Board. The term will expire February 28, 1985. Johnson moved to confirm the appointment. Motion passed. BOARD APPOINTMENT Executive Louws requested confirmation of the appoint- ment of Phyllis A. Graham to a five -year term on the Bellingham / Whatcom County Housing Authority Board. The term will expire April 17, 1988. Van Zanten moved to con- firm the appointment. Motion passed. BID AWARD - FERRY DRYDOCKING Hansey reported the Finance Committee had reviewed and recommended acceptance of the bid of Duwamish Shipyard, Inc. in the amount of $37,317.00 for the drydocking of the Lummi Island Ferry. Hansey so moved to accept the bid. Motion passed. BID AWARDS - FUEL, MOWER The bid awards for fuel and mower were withdrawn at the request of the Executive. CONTRACT - NOR -BELL NURSING HOME Hansey reported the Finance Committee had reviewed and recommended approval of the Union Agreement for the Nor -Bell Nursing Home employees. Hansey so moved to authorize the Executive to enter into said contract. Whatcom County Council Minutes April 21, 1983 page two Van Zanten pointed out there are no salary increases included in the contract. Executive Louws stated that if the State was to raise its funding rate over one percent (1%) than the County may look at a possible wage increase. Hansey's motion passed. -- Muenscher entered the meeting. -- LIQUOR LICENSE - BAKER LAKE RESORT Van Zanten reported the Law and Justice Committee had reviewed and recommended approval of the liquor license for Baker Lake Resort and Campground. Van Zanten so moved to approve the Class A, C, E, and F, liquor license. Motion passed. CAPITAL IMPROVEMENT PROGRAM Council received the Executive's memorandum dated April 13, 1983, along with the recommendations : of Bill Trimm, Planning Director, regarding capital improvement program amendments to the 1969 Sewer and Water Comprehensive Plan. Van Zanten moved to refer the matter to the Public Services Committee. Motion passed. EXECUTIVE'S QUARTERLY BUDGET MESSAGE Council also received the Executive's quarterly budget report for the first three months of 1983. Executive Louws reviewed the main points of the report. SPECIAL BUSINESS CORRESPONDENCE RECEIVED FROM BELLINGHAM HERALD Cole brought to the attention of the Council that a letter had been received from the Bellingham Herald, request- ing the Council to reconsider their decision of April 7, 1983 with regards to the official printing of the County. Roehl moved to add the request to the agenda for discussion. Motion failed. Whatcom County C,,ncil Minutes April 21, 1983 page three OPEN SESSION No one spoke during Open Session. FINAL ASSESSMENT ROLL - RID NO. 5 Hearing was declared open on the final assessment roll for Road Improvement District No. 5, including portions of Coronado, Columbus and Lewis Avenues. Jim Kresge, Project Engineer, was present to answer any questions. Douglas Werschkul, 4840 Fermont St., felt the improve- ments were for the purpose of providing access to the devel- opment behind his property, and therefor should not be assessed for road running the entire length of his property. Percy Maneval, 540 W. Pole Rd., stated the property which he owns in the area does not border any of the roads which are included. Kresge spoke with Werschkul and Maneval. The Hearing was continued to later in the meeting. ORDINANCE - NORTHWEST WASHINGTON FAIR BUDGET Hearing was declared open on the ORDINANCE ADOPTING A 1983 BUDGET FOR THE 1982 NORTHWEST WASHINGTON FAIR CONSTRUC- TION FUND. Rick Waldemar requested approval of the ordinance. No further testimony was received and the hearing was closed. Hansey reported the Finance Committee recommended "do pass" of the ordinance. Hansey so moved the ordinance for final passage. Ordinance passed unanimously. ORDINANCE - RULES AND REGULATIONS FOR MOBILE HOMES Hearing was declared open on the ORDINANCE SETTING FORTH RULES AND REGULATIONS FOR THE INSTALLATION OF MOBILE HOMES ON BUILDING SITES, ESTABLISHING AN ADMINISTRATIVE PROCEDURE FOR THE ISSUANCE OF PERMITS AND PROVIDING FOR INSPECTION THEREOF. Wendall Feenstra, Lynden, questioned who the changes were proposed by, the anchoring systems, and the amount of ties required. Donovan Kehrer, Administrative Assistant to Building and Codes Department, stated the revi- sions come from the State. Also the requirements will apply only to the installation of a mobile home which is Whatcom County C Ancil Minutes April 21, 1983 page four not covered by a manufacturers, engineers or architects recommendations. Jeff Vanderpol, Lynden, questioned who decides whether the ties are needed or not. Kehrer stated the Building Official makes the determination. No further testimony was received and the hearing was closed. Roehl moved the ordinance for final passage. Motion passed on a 6 -1 vote (Hansey). ROAD IMPROVEMENT DISTRICT NO. 5 Hearing was continued on the final assessment roll for Road Improvement District No. 5. Kresge reported he had spoke with Werschkul and Maneval. They were satis- fied with the information given by him. No further testimony was given and the hearing was closed. ORDINANCE - JOE LOUIE FRANCHISE Hearing was declared open on the ORDINANCE IN THE MATTER OF GRANTING A NON - EXCLUSIVE FRANCHISE TO JOE LOUIE WATER ASSOCIATION, 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 WATER MAINS AND WATER DISTRIBUTION LINES ALONG CERTAIN ROADS WITHIN THE UNINCOR- PORATED AREAS OF WHATCOM COUNTY. No testimony was received and the hearing was closed. Van Zanten reported the Public Services Committee would be holding the ordinance for two weeks. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES RESOLUTION - SUPERIOR COURT BAILIFFS The RESOLUTION ESTABLISHING WAGES AND COMPENSATION GUIDELINES FOR SUPERIOR COURT BAILIFFS was held in Finance Committee for two weeks. ON Whatcom County Council Minutes April 21, 1983 Page five ORDINANCE - FEDERAL SHARED REVENUE, JUVENILE PORTION Roehl moved for final passage the ORDINANCE AUTHORIZING A REVISED BUDGET TO THE FEDERAL SHARED REVENUE FUND FOR THE JUVENILE PORTION THEREOF. Roehl reported the Finance Commit- tee recommended "do pass" of the ordinance. Ordi'macec passed unanimously . ORDINANCE - RID NO. 5 Hansey moved for final passage the ORDINANCE CONFIRMING, RATIFYING AND APPROVING THE FORMATION OF WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT NUMBER 5. Ordinancepassed unanimously. ORDINANCE - RID NO. 5 Hansey moved for final passage the ORDINANCE OF THE COUNTY COUNCIL OF WHATCOM COUNTY CONFIRMING THE FINAL ASSESSMENT ROLL FOR COUNTY ROAD IMPROVEMENT DISTRICT NO. 5 AND CERTIFYING THE SAME TO THE WHATCOM COUNTY TREASURER FOR COLLECTION. He reported the Finance Committee recommended "do pass" of the ordinance. Clerical changes were made on page 1, line 12, to change the date from "April 7" to "April 21" and on line 31 to insert the amount of $191,000.00 ". Ordinance passed - unanimously. ORDINANCE - WHATCOM COUNTY CABLEVISION Van Zanten moved for final passage the ORDINANCE IN THE MATTER OF GRANTING Q NON - EXCLUSIVE FRANCHISE TO WHATCOM COUNTY 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 UNINCORPORATED AREAS OF WHATCOM COUNTY. She reported the Public Services Committee recommended "do pass" of the ordinance with some amendments. Van Zanten moved the following amendments to the ordinance: 1. Page 1, lines 101 through 17� Strike language beginning "provided that ..." through "have no value" line 18j, strike "and Section 36.55.010 2. Paae 1. line 29 and PaLze 2. line 20 delete "audiovisual" and insert "coaxial" Whatcom County C ncil Minutes April 21, 1983 Page six 3. Page 2, line 5 delete "or to the year 2008" 4. Section 1, page 2, line 18 delete "or to the year 2008" and insert "commencing on the date this ordinance shall become effective" 5. Section 10(a), page 12, line 24 delete "immediately" and insert "within 30 working days" 6. Section 13, page 14, line 15 delete "thirty (30)" and insert "sixty (60)" 7. Section 24(b), page 20, line 192 after the words "written notice" insert "to the local systems office" 8. Section 25(b)- (2) -V, page 21, line 24 after final delete the period and add: "and binding upon the parties, provided, however, the applicant may appeal the decision to the County Council within ten (10) days of the decision being given." 9. Section 30, page 26, line 2 strike "are hereby repealed" and insert "shall be repealed, and the terms of the franchise granted hereunder shall become effective, at such time as an acceptance of franchise is filed by the grantee with the County in accordance with Section 2 herein.�� Van Zanten's motion to amend passed. Mike White, Assistant Manager of Whatcom County Cablevision, Inc., requested that the notification of delinquency be sent by certified mail. Van Zanten stated the Committee did not include this in their recommendations. Roehl moved to amend the proposed amendments on page 34, line 13, to insert after the word "office" the words "by certified mail ". Motion to amend the amendment passed. Muenscher questioned the length of the franchise, stating Whatcom County Cc cil Minutes April 21, 1983 Page seven that 25 years may be too lengthy. He stated he would vote against the ordinance. Hawley questioned the proposed Rate Review Board's authority in making decisions. He felt the Board should be advisory only. Motion to adopt the ordinance as amended passed on a 5 -2 vote (Muenscher, Hawley). ORDINANCE - AMENDING TITLE 20 Johnson moved for final passage the ORDINANCE AMENDING TITLE 20 WHATCOM COUNTY CODE, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE TO ALLOW TEMPORARY DWELLINGS FOR DISABLED FAMILY MEMBERS AS A CONDITIONAL USE IN RESIDENTIAL DISTRICTS. Johnson moved to amend Exhibit A in the first para- graph, line 3, to insert after the word "provide" the word "temporary ". Motion passed. Johnson moved to amend Exhibit A in the first para- graph, line 5, to insert after the word "disorders," the words "or dependency ". Cole moved to amend the amendment on line 4, after the word "disorders," strike the comma and insert "or risks of such disorders ". Motion failed. Johnson withdrew his motion. Johnson moved to amend Exhibit A, item 1, to strike "buffering and parking requirements ". Grammatical changes were made also on line 3, to insert a comma after the word "egress" and strike the word "and" after the word "egress ", add the word "and" after the word "restrictions" and after the word "coverage" add the word-,. "requirements ". Motion passed. Roehl moved to amend Exhibit A, first paragraph, line 5 to strike the words "or dependency" and add "or risks of such disorders ". Motion passed. Motion to adopt the ordinance as amended passed unanimously. Whatcom County Cc cil Minutes April 21, 1983 page eight ORDINANCE - FARM LABOR HOUSING t� Johnson moved for final passage the ORDINANCE AMENDING SECTION 2.24.270.155 OF THE OFFICIAL WHATCOM COUNTY INTERIM ZONING ORDINANCE AND SECTION 20.40.153 OF THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE TO REDUCE SETBACK REQUIRE- MENTS FOR SEASONAL FARM LABOR HOUSING AND CAMPING FACILITIES. Johnson reported the Planning and Development Committee recommended "do pass" of the ordinance. Ordi:harwe passed unan- imously. OTHER BUSINESS NOMINATIONS TO BOARD OF EQUALIZATION The resignation of Helen Rhea, Board of Equalization, was received. Hansey moved to open nominations this date. Motion passed. Muenscher nominated the following: , District II District III John W. Bruton Lloyd Halladay James Berg Katherine Ling Lorraine Rohwer Tula Trames Robert R. Bengen Sharon Isenhart Hansey nominated Linda Zander from District No. 2. Nominations will remain open until the next Council meeting. OPEN SPACE RECOMMENDATIONS Planning Commi .9sion recommendations regarding Open Space applications of the following were received and referred to the Planning and Development Committee: OPEN SPACE TIMBERLAND V Lowery Freeman Ogla Bell Bieber Hueston and Quiggle Bennik Benson Wheat Lee Sudden VAlley Community Ossewarde Association Cammock Weaver Held Cohen and Timmber Lenssen Whatcom County C ncil Minutes April 21, 1983 Page nine RATE ADJUSTMENT - RENTAL OF EQUIPMENT The rate adjustment for rental of equipment owned by Equipment Rental and Revolving Fund was held in Finance Committee for two weeks. PRELIMINARY PLAT - YELTON ESTATES Consideration was held of the Preliminary Plat of Yelton Estates. Johnson reported the Planning and Devel- opment Committee recommended approval of the plat with amendments. Johnson moved to amend the Hearing Examiner findings on page 13, item 6, line 3, to insert after the word "road" the words "or other approved drainage outlet ". Motion passed. Johnson moved to adopt the recommendations of the Hearing Examiner as stated in his memorandum of April .13, 1983. Motion passed. Van Zanten-:.moved to refer the matter back to the Planning and Development Committee for additional review. Van Zanten withdrew her motion. Roehl moved to approve the preliminary plat of " Yelton Estates" per the Findings of Fact and recommendation of the Hearing Examiner dated March 11, 1983, as amended this day, and per the Hearing Examiner memorandums dated March 16, 1983 and April 14, 1983. Motion passed. PRELIMINARY PLAT - GROUSE MEADOW ESTATES Consideration was also held of the Preliminary Plat of Grouse Meadow Estates. Johnson reported the Planning and Development Committee recommended approval of the plat. Johnson so moved to approve the preliminary plat of Grouse Meadow Estates per the Hearing Examiner Findings of Fact and recommendations dated March 1, 1983. Johnson moved to amend the recommendations per the Hearing Examiner's memorandum dated April 13, 1983. Motion to amend passed. Motion to approve the preliminary plat as amended passed. Whatcom County C ncil Minutes April 21, 1983 Page ten SHORELINE DEVELOPMENT PERMIT - BEACHWOOD PARK Consideration was held of the request of Raymond D. Weden and Associates, Inc., on behalf of Sound Pacific Resources, Inc., owners of the development known as "Beachwood Park ", to: (1) Vary the terms and regulations of Whatcom County Interim Zoning Ordinance 2.24.840, in order to allow for the installation of a perimeter fence six (6) feet in height; and (2) Revise Shoreline Substantial Development Permit No. S. 5 -76 and Whatcom County Major Development Permit No. MDP 1 -75 by the deletion or modification of Condition P -1.7 so as to allow /permit the installation of chain link perimeter fencing. Johnson reported the Planning and Development Committee recommended approval of the request. Johnson so moved to approve both items of the request. Motion passed. CORRESPONDENCE - CHERYL ALFANO Correspondence was the dog control zone in to the Law and Justice received from Cheryl Alfano regarding Sudden Valley. The matter was referred Committee. / CORRESPONDENCE - TONY WINSKI �/ Correspondence was received from Tony Winski regarding card rooms in the unincorporated areas of Whatcom County. The matter was referred to the Law and Justice Committee. PETITION - DOG ZONE, PARADISE LAKES DEVELOPMENT V A petition was received requesting a dog control zone be established in Paradise Lakes Development. The matter was referred to the Law and Justice Committee. INTRODUCTION OF RESOLUTIONS AND ORDINANCES RESOLUTION DEFERRED COMPENSATION PLAT Hansey introduced a RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAT FOR WHATCOM COUNTY EMPLOYEES. The resolution was referred to the Finance Committee. Whatcom County C( <cil Minutes April 21, 1983 page eleven /Van Zanten introduced the following ordinances and they were referred'to the Public Services Committee: 1) Ordinance amending Ordinance No. 82 -30 for the purpose of including new precinct boundaries for wards in the City of Blaine 2) Ordinance amending Ordinance No. 82 -30 for the purpose of establishing new boundaries for Ferndale Township precincts No. 2 and 3 3) Ordinance in the matter of granting a non- exclusive franchise to Thomas E. Isenhart and Julian N. Pavesi 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 unincorporated areas of Whatcom County 4) Ordinance in the matter of granting a non-exclu- sive franchise to Robert,Snydar and Elvis Head 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 unincorporated areas of Whatcom County. Meeting adjourned at 10:31 p.m.