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HomeMy WebLinkAboutCounty Council for August 5 1982WHATCOM COUNTY COUNCIL Minutes August 5, 1982 The Whatcom County Council meeting was called to order on Thursday, August 5, 1982 at 7:38 p.m., by Chair Roehl with all members present except Van Zanten. The minutes of the July 7 and July 15 Council meetings were approved as presented. OPEN SESSION No one spoke in the opportunity of open session. - - -- Hansey excused himself from the meeting. - - -- EXECUTIVE ITEMS Executive Louws presented and requested concurrence from Council to enter into agreement with the City of Ferndale re- gatding the Nor -Bell Wastewater Interceptor. Johnson questioned the language on page three, dealing with the third member of the board. The language states the third member "may" be appointed, not "shall" be appointed. Johnson.so moved on page three, para- graph five, line five, after the word "member" to strike "may" and insert "shall ". Motion passed unanimously. Hawley moved to authorize the Executive to enter into the agreement. Motion passed unanimously. The Executive presented an additional item to Council. He requested the Nor -Bell Sewer Service Agreement with the property owners be amended on page three, item five, last three lines, language to be modified to clarify that the County must also purchase said connections under schedule "A ", cost including interest. Cole moved to amend the the paragraph, second line from the bottom after the word "resale" add a period and strike the remainder of the sentence. Motion passed unanimously. At this point in the agenda Cole introduced and moved for final passage a resolution amending Resolution No. 82 -40 accept- ing Nor -Bell Wastewater Facility Plan Alternate No. 3 for the construction of a gravity flow interceptor sewer line for various public entities in the North Bellingham area. Cole stated this Whatcom County Council Minutes August 5, 1982 page two additional amendment would allow the Executive to do a credit check if possible, on the buyer of the connection, prior to entering into such agreement. Discussion folloVed. Johnson moved to strike on page one of the resolution, line 28 and 29 item #1 and renumber the remaining items. Roehl spoke against the motion. Motion failed. Motion for final passage of the resolution passed. - - -- Hansey re- entered the meeting - - -- Bid Award - Cole stated the Finance Committee recommended acceptance of the Blythe Plumbing and Heating, Inc. bid in the amount of $60,938.00, including tax, for the Central Shop Fuel- ing Station. Cole so moved to accept the bid. Motion passed unanimously. Bid Award - Cole also stated the Finance Committee recommended acceptance of the bid of Wilder Construction, Inc. in the amount of $137,147.00, including tax, for the construction of Road Improvement District No. 5, Coronado Avenue, Columbus Street, and Lewis Street. Cole so moved to accept the bid. Motion passed unanimously. The following board appointments ware confirmed by Council: Mr. Francis J. Winslow to the Northwest Senior Services Board, term to expire June 30, 1985 Orma Slater to the Mental Health /Drug Abuse Board, term to expire December 31, 1983 Mr. Donovan Kehrer to the Mental Health /Drug Abuse Board, term to expire December 31, 1984 Mr. James E. Wilson to the Bellingham /Whatcom County Housing Authority, term to expire April 18, 1987 HEARINGS Hearing was declared open on the ordinance establishing that is shall be unlawful to maintain a disorderly house. No testimony was given and the hearing was closed. Johnson reported the Law and Justice Committee in its review questioned the vagueness of the ordinance. Johnson stated, however, the committee recommended passage of the ordinance. Whatcom County Council Minutes August 5, 1982 page three Doug Gill, Under Sheriff, addressed the Council on the matter. He stated this ordinance is directed to the loud parties and stereos. Cole moved to refer the matter back to the Law and Justice Committee for further clarification. Hansey and Muenscher spoke against the motion. Motion to refer back to committee failed. There was further dis- cussion. Cole moved to amend the ordinance on page one, line 232, at the end of the sentence to change the period to a comma and add the following language: "after having first been warned by a law enforcement officer of the possibility of being in violation of the ordinance." Motion failed. Motion to adopt the ordinance passed on a 4 -2 vote (Hawley, Cole). Hearing was declared open on the Ordinance establishing that it shall be unlawful to create a breach of the peace. No testimony was given and the hearing was closed. Johnson reported the Law and Justice Committee had reviewed the ordinance and recommended passage.- Johnson so moved for final adoption of the ordinance. He stated this is quite similar to the previous one. Motion to adopt the ordinance passed on a 4 -2 vote (Hawley, Cole). FINAL CONSIDERATION OF ORDINANCES The ordinance authorizing a revised budget for the Whatcom County Alcoholism Fund of 1982 was before-the Council for con- sideration. Cole moved the ordinance for final passage. He reported the Finance Committee had further reviewed the ordi- nance and recommended it back to Council without further changes to their prior recommendation of "do pass ". Motion to adopt the ordinance passed unanimously. Cole moved for final passage the ordinance authorizing a revised budget for the Sheriff Budget of the Current Expense Fund. He reported the Finance Committee recommended "do pass" of the ordinance. Motion to adopt the ordinance passed unanimously. Whatcom County Cv,__,cil Minutes August 5, 1982 page four Cole moved for final passage the ordinance authorizing a revised budget for the Law Library Fund. He stated the Finance Committee recommended "do pass" of the ordinance. Motion to adopt the ordinance passed unanimously. Cole moved for final passage the ordinance authorizing a revised budget for the Federal Shared Revenue Fund (Law Library). He stated the Finance Committee recommended "do pass" of the ordinance. Motion to adopt the ordinance passed unanimously. Hansey moved for final passage the Ordinance amending the 1970 Whatcom County Comprehensive Plan Text and Map for the geo- graphic area commonly known as the Lake Whatcom Subarea of Whatcom County. Hansey moved to accept the amended draft of the ordinance for consideration. Motion passed unanimously. Cole moved to accept the amendments made to Exhibit "A" by the Council in Committee of the Whole meetings. Motio n passed unanimously. Hansey spoke to the North Shore area. He so moved to amend the map and test, as required, to relocate the East boundary of the RR2 zone and extend it further East, South of the power line easement to Agate Bay Lane. Hansey spoke to the motion. Discussion followed. Motion passed. Hansey moved to also amend the text and map, as required, to provide for a change in the Georgia Pacific, Department of Natural Resources along with other private properties in the vicinity of Strawberry Point, to change the zoning from Forestry to R2A (as shown on Exhibit "A" as the portion outlined in green, attached hereto). Roehl stated that these properties should be consistent with the properties lying to the West. Hawley moved to amend Hansey's motion to include and extend the R2A designation to include the McDougal property. Hansey spoke against the motion. Hawley withdrew his motion. Hansey's motion passed. Whatcom County Council Minutes August 5, 1982 page five Cole moved to make the entire area R2A, which includes the McDougal property. Discussion followed. Motion failed. Cole referred to a letter received from Phil Serka, local attorney, dated July 26, 1982 regarding the clarification of the emergency clause to apply only to those areas within the watershed. Cole moved to amend the ordinance on page two, line 21 after the word "densities" to insert "located within the watershed ". Motion passed. Hansey moved on page three of the ordinance, line 151 to change the period to a comma and add the following: "provided such assessment shall commence no later than January 1, 1983." Motion failed. A division was called on the vote. At the show of hands the motion passed. The matter of the Denke property was also brought up before the Council. Hawley moved to zone the North j of Denke's property Urban Reserve and the South j R2A. Motion failed. Motion to adopt the ordinance as amended passed on a 5 -1 vote. (Hawley) Hansey moved to accept the substitute ordinance adopting the official Whatcom County Zoning Ordinance Text and Map, Title 20 of the Whatcom County Code, for the Lake Whatcom Sub- area of the Whatcom County Comprehensive Plan. Motion passed. Hansey moved the ordinance for final passage. Cole moved to accept the amendments made by the Council Committee of the Whole and refer to the same as Exhibit "C ". Motion passed. Cole moved to table the ordinance until the next Council meeting and request the Planning and Prosecuting Attorney's Departments to review both the Plan and Zoning text to insure property coordination.with one another. Motion passed. - - -- Muenscher excused himself from the meeting - - -- OTHER BUSINESS The request for Preliminary Plat approval of Raspberry Ridge Golf Community was before Council for consideration. Hansey moved to accept the Technical Committee's report, including suggested conditions, dated Whatcom County Council Minutes August 5, 1982 page six November 6, 1981 to pertain to the entire area with the exception of the golf course and the condominium tracts, and to adopt the applio=t':s recamiended conditions S through 11 in the memprandmn dated May 10, 1982, attached. Cole reviewed the key.points of.the,matter. Cole stated he would vote in favor of the motion. Roehl stated he would vote in favor of the motion if the project were located elsewhere. Motion passed. Johnson moved to endorse Joe Van Ry as the nominee to the State Council on Aging. Motion passed unanimously. The Chair will send.the appropriate correspondence. Council received the Planning Commission recommendations regarding the 1982 Open Space Applications of: Thorstenson Trust Lucinda Hall Thorstenson Trust B Jean Kershner Alvin Ash The recommendations were referred to the Planning and Development Committee for review. Council also received a request for Preliminary Plat approval to create and develop a subdivision known as Hollinger Replat. The request was forwarded to the Planning and Develop- ment Committee. Hansey moved to add to the agenda and receive a memorandum from the Prosecuting Attorney's office regarding Design Variance Standards. Motion passed. The matter was.referred to the Planning and Development Committee. INTRODUCTION OF ORDINANCES AND RESOLUTIONS Cole introduced the following ordinances and they were referred to the Finance Committee: 1) Ordinance authorizing a revised budget for the Medical Examiner Budget within the Current Expense Fund of 1982 2) Ordinance authorizing a revised budget for the County Garage -Shop Construction Fund 3) Ordinance authorizing a revised budget for the Convention Center Fund of 1982 Whatcom County Council Minutes August 5, 1982 page seven Johnson introduced the following ordinances and they were referred to the Law and Justice Committee: 1) Ordinance to modify the stop sign control at the intersection of Birch Bay - Lynden Road, Harborview Road and Morgan Drive 2) Ordinance establishing certain acts of trespass as infractions and establishing penalties therefor The above two ordinances will also be scheduled for public hearing.. Cole introduced the Ordinance creating County Dog Control Zone No. 3 i the area of Woodlawn Cemetery and the Plat of Laurel Grove in Whatcom County. The Ordinance was referred to the Law and Justice Committee and will also be scheduled for public hearing. Hansey introduced the following ordinances and they were referred to the Public Services Committee and will be set up for public hearing: 1) Ordinance in the matter of granting a non - exclusive franchise to Whatcom County Cablevision, Inc., for a period of 12 years pursuant to State Law, Section 9.30 of the Whatcom County Hom Rule Charter, to operate and maintain a cable communication system within the unincoporated areas of Whatcom County. 2) Ordinance in the matter of amending Ordinance No. 79 -8, an Ordinance granting a 15 -year non - exclusive audiovision television cable franchise on certain County roads to Whatcom County Cablevision, Inc., and Ordinance adopted May 1, 1978 COMMITTEE REPORTS Johnson reported from the Law and Justice Committee regarding the situation in the Birch Bay area.. He stated the Committee recommends that the County provide $1,000 for garbage pick -up. This would include 20 cans to be picked up three times per week until September 18, 1982. The paper work will be drafted for this matter and brought before the Council at a later date. Meeting adjourned at 10:55 p.m.