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HomeMy WebLinkAboutCounty Council for May 5 1983WHAT"COM COUNTY COUNCIL Minutes May 5, 1983 The Whatcom County Council meeting was called to order on Thursday, May 5, 1983 at 7:42 p.m. by Vice - Chairman Roehl with members Van Zanten, Hansey, Hawley, and Muenscher pre- sent. Chairperson Cole was on vacation. Correspondence was read into the record from Johnson stating he would not be able to attend the meeting. Minutes of the April 21, 1983 meeting were approved as corrected on page six to note that Van Zanten's motion to amend passed. EXECUTIVE ITEMS v" Executive Louws requested approval of a Class E & F liquor license for Bird Development, Inc. Van Zanten reported the Law and Justice Committee recommended the license be approved. Van Zanten so moved to grant the liquor license. Motion passed. A memorandum was also received from Executive Louws requesting the Council to appoint two representatives to the Solid Waste Advisory Committee. Van Zanten moved that the Council concur with the Executive that the six at -large representatives be appointed by the rest of the Committee, once it is formed. Motion passed. The following nominations were made: Muenscher -------- - - - - -- by Van Zanten Cole ------------- - - - - -- by Van Zanten Hawley ----------- - - - - -- self nomination Hansey ----------- - - - - -- Van Zanten Van Zanten moved to close the nominations and vote on the appointments. Motion passed. A roll call vote was taken with Muenscher - 5, Hansey - 3, Hawley - 2. Muenscher was so appointed. Hansey moved to hold the remaining appointment until the next Council meeting. Motion passed. Whatcom County )uneil Minutes May 5, 1983 Page two OPEN SESSION Joe Parcher 2408 View Ridge Paul Moceri 4696 Mt. Baker Hwy Deming,- WA -Spoke to the initiative petition to modify the Council's Solid Waste decision. - Submitted a petition signed by 48 residents of the Nelson Road area objecting to the Department of Natural Resources proposed 12 gauge timber sale. He stated DNR is scheduled to walk the proposed area on Saturday, May 7, at 9:00 a.m. Chair Roehl will attend the meeting with DNR. Phil Sharpe, attorney - Requested the open space appli- Sudden Valley Comm. cations of the Sudden Valley Assoc. Community Association be held in Planning and Development Committee for further review. Nadine Swanson 4610 Curtis Road Wayne Harrison 5691 Linde Road Allan Kachelmeier 820 High-St. NFARTNaR V - Submitted a letter signed by 18 residents of the Curtis Road area, requesting a hearing before the Council regarding the General Manufacturing Zone in the Curtis Road area. -Also spoke to the proposed DNR logging in the Nelson Road area. - Submitted comments regarding Solid Waste. ASSESSMENT ROLL - DID NO. 31 Hearing was declared open in the matter of the assessment roll for Johnson Creek Drainage Improvement District No. 31. The following testimony was received: JoAnn Miller - Reviewed the project and submitted District Manager fact sheet. Whatcom County Council Minutes May 5, 1983 page three Mayor Ken Roberts -Has in the past been informed that City of Nooksack the City of Nooksack is not a part of the system. Also concerned with the culvert on Schoolhouse Road. Miller explained that only a portion of Nooksack is in the district. The district is only responsible for clearing the main laterals. Jim Blair -He has cleaned out the creek on 3650 E. Badger his property at his expense. Questions why his proposed assess- ment is $2,230 and the fact sheet states that no parcel is assessed over $1,600. Miller checked the assessment and reported he has two parcels, one at $1,077.31 and the other at $1,055.27. Pierson Dykstra, Supervisor, stated Blair cleaned out the creek before the district was formed and cannot be reimbursed for his work. Hope Johnson - Stated there is no creek on property, no runnoff, no ditches. Miller checked Johnson's assessments. Johnson's proposed assessments are on 3 parcels, 1) $38.50, 2) $23.74, 3) $104.00 with a 15% benefit Linda Zander - Questioned how the percent of Pangborn Road benefit was determined. Also questions regarding the financing on bonds and maintenance money. Miller reported the Board of Appraisers set the benefits. Bas Scholten, Supervisor, stated there should be adequate funds forthe maintenance work in the future. Burt White 848 Van Buren - Question regarding Skinner Ditch. Water is draining onto his property and is not being drained off. Is not benefiting from the District.. Feels if he is not receiving any benefit that the tax should be dropped. No further testimony was received and the hearing was closed. Whatcom County Council Minutes May 5, 1983 page four VACATION CALIFORNIA AND SANSOME STREETS Hearing was declared open in the matter of the vacation of California and Sansome Streets in Smith's Garden Addition. David Downing, representative for petitioner, requested the hearing to be postponed for two months, to allow more review with the Planning and Engineering Departments. Van Zanten stated the petition is also required to be signed by 10 freeholders of the County in said vacation vicinity, of which requirement the petition does not meet. Hawley moved to recess the hearing until the first Council meeting in July, 1983. Hansey reported the Planning and Development Committee recommended denial of the request for vacation per the Engineer and Planning reports. Motion to recess the hearing passed. VACATION OF STEWART ROAD v/ Hearing was declared open in the matter of the vacation of Stewart Road in Bakerview Addition. Don Murray was present for petitioner Veenstra, requesting the vacation. No further testimony was received and the hearing was closed. Hansey reported the Planning and Development Committee recommended approval of the vacation subject to the payment of $900.00, which is 25% of the Fair Market Value. Hansey so moved to approve the vacation as recommended by the Planning and Development Committee. Motion passed. .'ORDINANCE - POINT ROBERTS SPEED LIMIT Hearing was declared open on the Ordinance in the matter of establishing speed limits on Point Roberts. Jack Graham, representing the Pt. Roberts Chamber of Commerce and Community Association, stated they agree with the speed limit that is proposed. No further testimony was received and the hearing was closed. Whatcom County Council Minutes May 5, 1983 page five Van Zanten moved the ordinance for final passage. She reported the Law and Justice Committee made no recommendation on the ordinance, but forwarded it to Council for considera- tion. Ordinance passed unanimously. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES RF..g0T.TTTT0'NT _ gTTDFRT0P POTTRT RATT.TPP.Q The RESOLUTION ESTABLISHING WAGES AND COMPENSATION GUIDE- LINES FOR SUPERIOR COURT BAILIFFS was held in Finance Committee. RESOLUTION - DEFERRED COMPENSATION PLAN Hansey reported the Finance Committee recommended approval of the RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN FOR WHATCOM COUNTY EMPLOYEES with Independent Contractors included in the plan. Hansey moved the Resolution for final passage. Hansey moved to amend the resolution on page two, to strike the present item number 4 and insert a new item 4 as follows: "That the Council hereby accepts and approves the Deferred Compensation Plan attached as Appendix I to this Resolution as the Deferred Compensation Plan for Whatcom County." Motion passed. - Resolution as amended passed. RESOLUTION - BOARDS AND COMMISSIONS v V Van Zanten moved for final passage the RESOLUTION AMENDING RESOLUTION NO. 80 -13 IN THE MATTER OF ESTABLISHING TERMS OF OFFICE ON BOARDS AND COMMISSIONS AS APPOINTED BY WHATCOM COUNTY COUNCIL. She reported the Law and Justice Committee recommended passage of the resolution with amend- ment. Van Zanten moved to amend the resolution on line 23 to strike the words "without just cause, or ". Motion to amend passed. Resolution as amended passed. Whatcom County .until Minutes May 5, 1983 Page six ORDINANCE - SUBDIVISION REGULATIONS Muenscher moved for final passage draft II of the ORDINANCE AMENDING SECTION 8.12.030 AND SECTION 8.28 OF THE WHATCOM COUNTY SUBDIVISION REGULATIONS. Muenscher moved to amend the ordinance, Exhibit A, page 1, line 112, item two, after the word "tracts" add "which are less than twenty (20) acres, ". Motion to amend passed. Muenscher moved to amend the ordinance, Exhibit A, page 1, line 252, item 2D, after the word "parcels." add "less than twenty (20) acres in size ". Motion to amend passed. Muenscher moved to amend the ordinance, Exhibit B, page 3, line 22j item 3, after the word "prepared" insert a period and strike the remainder of the sentence. Add a new sentence as follows: "The legal description on the instrument shall be prepared by a licensed surveyor and described by a metes and bounds description where feasible." Motion to amend passed. Muenscher moved to amend the ordinance, Exhibit B, page 4, line 5, strike the underlined wording "The instrument shall be inscribed with the following:" and continue the deletion of the entire subsequent underlined paragraph. Motion to amend passed. Ordinance as amended passed on a 4 -1 vote (Hansey). / ORDINANCE - JOE LOUIE WATER ASSOCIATION Y .Van Zanten moved for final passage the ORDINANCE IN THE MATTER OF GRANTING A NON - EXCLUSIVE FRANCHISE TO JOE LOUIE WATER ASSOCIATION, INC., FOR A PERIOD OF TWENTY -FIVE (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 UNINCORPORATED AREAS OF WHATCOM COUNTY. Van Zanten moved to amend the ordinance as follows: 1) Page 12, Section 19, line 5, strike the period after the word "ordinance" and insert a comma and the following: "and this franchise may be terminated at any time if the grantee's lines and facilities are not operated or maintained in accordance with such statute, order or regu- lation." and on page 12, subsection B of section 19, delete entire subsection. Whatcom County 3uncil Minutes May 5, 1983 page seven 2) Page 14, add a new Section 23 and renumber the remaining sections, to read as follows: "Section 23. License, Tax, and Other Charges No privileges or rights granted hereunder shall exempt grantee from any future uniform rent, license, tax charge, or impost which may here - after be required by the grantor, for revenue or as reimbursement for use and occupancy of public ways, and failure to timely remit any sums properly due thereby, shall be cuase for forfeiture of rights hereunder." Motion to amend passed. Van Zanten reported the Public Services Committee recom- mended passage of the ordinance with the two amendments. Ordinance as amended passed unanimously. ORDINANCE - BLAINE PRECINCTS Van Zanten moved for final passage the ORDINANCE AMENDING ORDINANCE NO. 82 -30 FOR THE PURPOSE OF INCLUDING NEW PRECINCT BOUNDARIES FOR WARDS IN THE CITY OF BLAINE. Van Zanten reported the Public Services Committee recommended "do pass" of the ordinance. Ordinance passed unanimously. ORDINANCE - FERNDALE PRECINCTS Van Zanten moved for final passage the ORDINANCE AMENDING ORDINANCE NO. 82 -30 FOR THE PURPOSE OF ESTABLISHING NEW BOUNDARIES FOR FERNDALE TOWNSHIP PRECINCTS NO. 2 AND 3. Van Zanten reported the Public Services Committee recommended "do pass" of the ordinance. Ordinance passed unanimously. / . MOTION - Van Zanten moved to add the RESOLUTION OF THE ✓ COUNTY COUNCIL OF WHATCOM COUNTY CONFIRMING THE SCHEDULE OF APPORTIONMENT FOR DRAINAGE IMPROVEMENT DISTRICT NO. 31, LEVYING ASSESSMENTS AGAINST THE SEVERAL LOTS AND PARCELS OF LAND AS SHOWN ON THE SCHEDULE OF APPORTIONMENT, PROVIDING FOR THIS PAYMENT OF ASSESSMENTS IN INSTALLMENTS, FIXING INTEREST AND PENALTIES, AND PROVIDING FOR THE PAYMENT OF SUCH ASSESSMENTS, INTEREST AND PENALTIES INTO THE BOND FUND OF DRAINAGE IMPROVEMENT DISTRICT NO. 31, to the agenda at this time. Motion passed Whatcom County ..ouncil Minutes May 5, 1983 page eight Hansey introduced and moved for final passage the RESOLU- TION OF THE COUNTY COUNCIL OF WHATCOM COUNTY CONFIRMING THE SCHEDULE OF APPORTIONMENT FOR DRAINAGE IMPROVEMENT DISTRICT '`.NO. 31, LEVYING ASSESSMENTS AGAINST THE SEVERAL LOTS AND PARCELS OF LAND AS SHOWN ON THE SCHEDULE OF APPORTIONMENT, PROVIDING FOR THIS PAYMENT OF ASSESSMENTS IN INSTALLMENTS,. FIXING INTEREST AND PENALTIES, ANDPROVIDING FOR THE PAYMENT OF SUCH ASSESSMENTS, INTEREST AND PENALTIES INTO THE BOND FUND OF DRAINAGE IMPROVEMENT DISTRICT NO. 31. Hansey reported the Finance Commitee recommended passage of the resolution. Resolution passed. OTHER BUSINESS Van Zanten moved to add as number 8 under Other Business the Preliminary Plat of Sealinks. Motion passed. APPOINTMENT TO BOARD OF EQUALIZATION S, The following are nominations made to the Board of Equalization at the April 21, 1983 meeting: District II District III James Berg Tula Trames Lorraine Rohwer Katherine Ling John W. Bruton Lloyd Halladay Robert R. Bengen Sharon Isenhart Linda Zander The nominations were closed and the appointment was before the Council. A roll call vote was taken with votes cast for Zander - 2, Bengen - 2, and Bruton - 1. A second roll call vote was taken on Zander, Bengen and Bruton. The vote was Zander - 2, Bengen - 2, and Bruton - 1. There was not a majority vote of the Council for the appointment and it will so be held until the Council meeting of May 19, 1983. It was also the consensus of the Council to have the Law and Justice Committee look at the policies and guidelines for the Board of Equalization. Whatcom County kouncil Minutes May 5, 1983 page nine OPEN SPACE Consideration was held of Planning Commission recommenda- tions regarding Open Space /Timber Land applications of the following: OPEN SPACE TIMBER LAND Lowery Freeman Ogle Bell Bieber Hueston and Quiggle Bennink Benson Wheat Lee Sudden Valley Ossewarde Community Association Cammock Weaver Held Cohen and Timmber Lenssen Hansey moved to accept the Planning Commission recommendations. Hansey moved to amend the recommendations and delete the applications of Sudden Valley Community Association and Weaver and refer those back-to the Planning and Development Committee for further review. Motion to amend passed. Motion to accept the Planning Commission recommendations as amended passed. Approval was so given Of the applications of Lowery, Ogle, Freeman (S10- T40N -R1E), Bell, Ossewarde, Wheat, Held, Cohen / Timmber, and Lenssen; and approval of the applica- tions of Freeman (S20- T40N -R1E), Benson, and Cammock for open space classification; and denial was made of Bennink, Bieber, Freeman (S11 and 536, T40N, RE), Hueston / Quiggle, and Lee. OPEN SPACE - BACON The Open Space application of Helen and Steven Bacon was received and referred to the Planning Commission. CAPITAL IMPROVEMENT PROGRAM ,Van Zanten reported the Public Services Committee had reviewed the request to amend the Capital Improvement Program amending 1969's Sewer and Water Comprehensive Plan. Van Zanten moved to authorize the Executive to submit concept papers on the proposal to the Department of Ecology as outlined in his memorandum to Council. Motion passed. Whatcom County uncil Minutes May 5, 1983 page ten V REQUEST TO ESTABLISH CARDROOMS IN UNINCORPORATED AREAS A request to establish cardrooms in the unincorporated areas of Whatcom County was before the Council. Hawley moved to have the Prosecuting Attorney draft an amendment to the Whatcom County Code to allow cardrooms in the unincorporated areas of Whatcom County. Motion failed. j GUIDE MERIDIAN TRANSPORTATION CORRIDOR ANALYSIS GROUP V Discussion was held regarding the formation of the Guide Meridian Transportation Corridor Analysis Group. Van Zanten submitted a suggested plan. Van Zanten moved to authorize the establishment of the analysis group according to the suggested guidelines she submitted. Motion passed. Faruk Taysi, Planning Commission member, presented possible names for nomination to the Council; Al Weivoda, George J. Shiffer and Bob Tull. Nominations and appointments will be held at the next Council meeting. ,ZPRELIMINARY PLAT OF SEALINKS Van Zanten moved to receive and refer to the Planning and Development Committee the Hearing Examiner recommendations with regard to the application of Birch Bay Golf Resort, Inc., for preliminary plat approval to create and develop a resi- dential subdivision known as "Sea Links at Birch Bay ". Motion passed. EQUIPMENT RENTAL AND REVOLVING RATES Hansey reported the Finance Committee has reviewed the rate changes for the rental of equipment owned by the Equipment Rental and Revolving Fund. No action is necessary on this matter. INTRODUCTIONS RESOLUTION - CUSTOMS AND IMMIGRATION SERVICES Van Zanten introduced and moved for final passage the RESOLUTION OPPOSING CUSTOMS AND IMMIGRATION SERVICES PLANS FOR CHANGES IN OPERATING HOURS AND STAFF REDUCTIONS AT UNITED STATES - CANADIAN BRODER CROSSINGS IN WHATCOM COUNTY, WASHINGTON. Resolution passed. Whatcom County „ouncil Minutes May 5, 1983 page eleven RESOLUTION - FISHING REGULATIONS Hansey who requested that the RESOLUTION SUPPORTING STATE LEGISLATION REGARDING FISHING REGULATIONS be placed on the ,agenda was not ready to come forward with a draft of the resolution. The following ordinances were introduced by Hansey and referred to the Finance Committee: ,it) Ordinance amending Ordinance No. 82 -95 for the purpose of correcting the levy for the Veterans' r Relief Fund Ordinance authorizing a revised budget for the 1983 Current Expense Fund Assigned Counsel Budget therein �) Ordinance establishing a revised budget for the Current Expense Fund of 1983 Public Defense Budget therein Y. Ordinance amending Ordinance No. 82 -93 regarding the use of Motor Pool Vehicles The following ordinances were introduced by Van Zanten and were referred to the Law and Justice Committee: 1� %' Ordinance establishing speed limits on River Road, Horton Road, Kellogg Road, Prince Road and East Smith Road, all dead -end roadways 2� Ordinance in the matter of establishing speed limits on Kline Road, Wynn Road, and Marietta Avenue 3), Ordinance establishing a weight restriction on LaBounty Road No further business came before the Council and adjournment was•made at 11:02 p.m.