HomeMy WebLinkAboutPublic Works April 9 20131
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WHATCOM COUNTY COUNCIL
Public Works, Health, and Safety Committee
April 9, 2013
CALL TO ORDER
Committee Chair Barbara Brenner called the meeting to order at 1:32 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(1:32:57 PM)
Present: Barbara Brenner, Ker
Absent: None.
Also Present: Carl Weimer and Bill
COMMITTEE DISCUSSION
Mann and Pete Kremen.
Knutzen.
1. DISCUSSION REGARDING THE POTENTIAL PURCHASE OF 28 ACRES IN
EVERSON FOR A CONSERVATION AND STORM WATER PROJECT WITH A
RECREATIONAL OVERLAY (COUNTY WOULD ASSIST WITH PURCHASE,
EVERSON WOULD DEVELOP, MAINTAIN, AND OPERATE) (AB2013 -134)
Jack Louws, County Executive, stated the City of Everson contacted him regarding a
20 -acre parcel that went back to the bank. The City asked if the County would be willing to
help them purchase the property so the City could develop a portion into regional ball fields.
Johnson Creek runs through a portion that could be in a conservation easement. He would
like the City to explain the purchase to the councilmembers to see if the Council has a
general interest in going forward.
Knutzen stated he heard that it hadn't been run through the Flood Control Zone
District Advisory Committee, and there was concern about whether this would cause water
to be diverted. Louws stated that if the Council indicates it wants to proceed, it will go
through the Advisory Committee as part of the process.
Rollin Harper, City of Everson, submitted information (on file) and stated they would
like funding for a project located within the city of Everson. It is a project with multiple and
regional benefits. They have already met with the Flood Advisory Committee last month.
The committee member and staff reception was very positive.
Brenner stated the Council still needs a recommendation.
Harper stated the Nooksack River overflow corridor goes through this property. It
has plat approval for 48 lots that would be located in the flood way. That is a concern. The
Flood Advisory Committee wants to get that plat off the books. Paula Cooper stated water
would flow deep and fast through the property. They are trying to avoid a subdivision
development in that property. Leave the corridor unobstructed. Nooksack Mayor Ackerman
was concerned that fill would divert the flood waters toward Nooksack. Now, they are
Public Works, Health, and Safety Committee, 4/9/2013, Page 1
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talking about retaining the property as open space, not developing houses or bringing in fill.
It would be open space for ball fields and trails.
Another aspect of the project is that it would be regional open space for ball fields to
serve the east part of the county. They won't be able to use the ball fields during the few
days of flooding. The remaining days of the year, the use would be fantastic. He read
through his handout.
They met with the Flood Advisory Committee. The Executive recommended going to
the Council simultaneously. It's on the advisory committee agenda this week. He expects
they will make a recommendation.
Funding options include funds from the conservation futures fund and the flood fund.
The proposed uses and benefits are on the fact sheet in the handout.
Kremen stated he appreciates the elaborate, concise, and understandable
presentation. He asked how they determined the amounts of the potential flood funding
sources and the amount the City of Everson general fund would contribute. The project is
worthwhile and makes sense. As with most requests, there is usually some sort of benefit
to the requesting agency, which is the City of Everson. The requesting agency should
contribute to some extent.
John Perry, Everson Mayor, stated the City will make a sizeable investment once the
property is acquired and to use the property in the best way possible for East County. Once
the acquisition happens, the City will start putting money into the project. The City's
general fund reserve is $200,000, so the City doesn't have a lot of extra funds. When these
opportunities present themselves, they look to other agencies due to their limited funds.
Harper stated the City of Everson expects to participate. He hopes the other two
funds can take care of the lion's share, if possible. The City will fill in the gaps. City
residents recognize that they all put money into the conservation futures and flood funds.
Brenner stated the Council received one complaint that doesn't seem to make much
sense. The conservation comes from not building 42 houses there. She gave a copy of the
complaint to Mr. Harper.
Knutzen asked if this qualifies for Economic Development Investment (EDI) funding.
Louws stated it may. They did an initial research of the project, based on project benefits.
Because it is in the flood plain and flood way, they felt flood funds are the most appropriate.
Based on new scoring criteria of EDI funds, this project won't score high. He can research
that opportunity if the Council desires.
Brenner stated there is not a real connection with EDI.
Knutzen stated there was a property transfer for Everson in this vicinity, to transfer
property from here out of the urban growth area (UGA) and into the west side. Harper
stated they added a strip of property to the south side of the city, put in the UGA reserve.
As a trade, the City gave back a substantial part from the UGA. It was to the west side of
this property, property on the east side of Highway 9, and property along Stickney Road.
Knutzen asked how it will affect Everson regarding the Comprehensive Plan update if
the County puts this into open space. Harper stated the areas in the floodway are already
eliminated through the critical area deduction. The Everson Comprehensive Plan identified
Public Works, Health, and Safety Committee, 4/9/2013, Page 2
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this property as a golf course. If this property was analyzed
to provide that density at other locations. He would be very
expand its UGA. If necessary, Everson would bring in the
outside the flood plain.
for 48 lots, Everson will need
surprised if Everson seeks to
UGA reserve area, which is
Mann asked how they ended up with subdivisions in flood ways. Harper stated the
northeast part of the property is in the flood way. No houses were planned for that part of
the property. There are a lot of flood plain areas that are okay. This spot is unique. In the
1990's, when Everson created its Comprehensive Plan, the zoning for this property was
residential. He's not sure why. There was a house and golf course on it. The future zoning
was planned to allow golf courses, but it wasn't rezoned. No one thought about it until the
developer purchased the property, submitted an application, and was vested. It caught
everyone by surprise. However, the developer wasn't able to build, so it worked out. It
was a glitch that happened in the past.
Mann asked if this purchase price reflects the 48 potential buildable lots. Harper
stated there is a vested and approved preliminary plat. The final plat hasn't happened. The
developer was not able to perfect the plan and record the lots. The lots don't exist, except
they are eligible to be built out and then sold.
Brenner asked what the owner gets. Harper stated the property has been
foreclosed. The bank owns it.
Perry stated Whatcom Education Credit Union (WECU) is taking a substantial loss.
This is about 50 percent of what they have invested. The WECU owns the property now.
Mann stated this seems like a good place to have ball fields. He has a concern about
the distribution of funding sources. The City could put in ten or 20 percent to make him feel
better. He asked who would own the property, and if the City would take up full
maintenance and ownership responsibilities. Perry stated it would. Their goal is to pursue
State conservation funds for development. They would work on grants that open up in a
year. Between now and then, the City would work with the County and other agencies to
pull the project together and make it work. They want to build something that is beneficial
to all. There are a lot of ideas, but limited resources. He's open to any ideas.
Mann stated he would like the City to put up some percentage up front. Make sure
the funding allocation between the flood fund and conservation futures fund is equitable.
He would like to see this happen.
Louws stated he discussed an up -front contribution from the City of Everson. He
agreed to bring it forward with the understanding that the City would own the title and be
responsible for all future maintenance and development. If the County receives ten percent
from the City, about $36,000, it would be reasonable. He proposes conservation futures
and flood funds because Johnson Creek runs through the property and there is a golf course
at the northeast portion of the property. Create a conservation easement along the
Johnson Creek corridor. There is a good tie to both funds. He will come forward at the
Finance Committee in two weeks to present a major fund overview.
At the end of 2012, the conservation futures fund had $4.9 million. The County
plans to spend about $550,000 in the next two years. The administration also transferred
the $1.522 million from Parks back into the conservation futures fund. At the end of 2014,
the conservation futures fund will have $6.415 million, minus money for purchases of
development rights.
Public Works, Health, and Safety Committee, 4/9/2013, Page 3
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The flood fund at the end of 2012 had $11.9 million. It generates $4.7 million per
year. The County will spend $11.1 million in the next two years, mostly on the Canyon
Creek project. The revenue estimate includes tax money and grants. At the end of 2014,
the flood fund will have $10.2 million. Therefore, the combined amount of both funds at the
end of 2014 will be $16.6 million. They are talking about a $324,000 cut from $16 million.
The project takes more than 40 lots out of the tax roles in a very poor location. The
project provides ball fields, a drainage corridor, and conservation along the creek. That's
his reasoning for approving the project. He doesn't want the county to have another big
ball field it must maintain. He's pleased the City will take that on.
Brenner stated it sounds great. Use more conservation futures funds and fewer flood
funds. It only takes one bad flood to use all that money. Louws stated he doesn't have a
problem with that suggestion.
Harper stated he talked about this with Paula Cooper, who suggested a maximum of
$100,000 to $50,000 from the flood fund, knowing the big expenses that were coming up.
Kremen asked how they decided on a price of $360,000, and if the property is
appraised. Perry stated the City made WECU an offer. There is a signed purchase and sale
agreement with WECU. The City has 90 days to secure financing.
Kremen stated he's slightly concerned about the amount of $360,000. Even though
there are technically lots associated with the property, they realistically can't be built. He
asked if the City would realistically approve any kind of development in this area, given the
flooding potential. He asked how many lots could realistically be developed. Perry stated
there are five separate tax parcels that could have five separate homes.
Kremen asked the real value of the property. Harper stated they evaluated it looking
at recent sales of agricultural property. From that respect, the price isn't based on the
number of lots.
Kremen stated that before buying it, the property would have to be appraised.
Louws stated they have to make sure there is proper documentation, and the City will have
the property valued and appraised.
Kremen stated ten percent, $36,000, is a significant part of the City of Everson's
fund balance. He would accept a five percent contribution, totaling $18,000.
Knutzen stated the cost is $12,800 per acre. He believed there was an offer on this
property for more than that. Harper stated there was a lower offer.
Weimer stated he supports the idea. He asked when is the end of the 90 days.
Harper stated they have about three weeks.
Weimer asked about Johnson Creek. Harper stated it is perennial. It has lots of
branches that come off the uplands from Van Buren Road and north of East Badger Road.
The main route of the creek is right through the City of Sumas.
Weimer asked if there would be other conservation benefits to Johnson Creek.
Harper stated it is relatively small. The Nooksack River isn't that far to the south. There
are no listed species in that area.
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Knutzen stated Sumas has the fishing derby every year. Breckinridge, which has
salmon, may go into Johnson Creek. Harper stated Breckinridge doesn't go into Johnson
Creek. They parallel.
Brenner stated this provides a broad public good beyond the benefits to the City of
Everson.
Greg Brown stated it's a great idea. The City of Everson could commit to
contributing a range, from zero to a certain percentage, depending on how much funding
they get elsewhere. Also, this is taking property out of the tax roles. He asked if they are
making up the lost development potential and taxes elsewhere. Perry stated that as a
builder, he typically doesn't like land to go into open space. For him to support a project, it
must contribute a lot to the community. His councilmembers fully support the project.
Developing the property is a bad idea. They can find land elsewhere.
Louws stated he is getting a sense the administration should move forward.
The Committee concurred.
Louws asked the percentage that committee members would like the City to
contribute.
Mann stated specify the City will contribute five percent.
The Committee concurred.
Louws asked if there is consensus that they use more from the conservation futures
fun than the flood fund.
Mann stated he wants a 50/50 split, or quantify how much benefit is from flood and
how much is from conservation futures, which is hard to do.
Kremen stated go with a formula consistent with what is already presented. Despite
the large amount in the flood fund, that amount could disappear in one flood. The
conservation futures fund is more robust than ever. He prefers a formula that is heavier on
conservation futures funds.
Mann stated don't spend money based on which fund has more money in it. There
should be a nexus with the value that the fund contributes. Louws stated he will research
that nexus with both funds.
Mann stated link the fund that pays for it and the value they get. They must justify
it on some factual basis. Louws stated he's done preliminary research, and will continue to
do so. He will run it past legal counsel also.
Brenner stated the nexus should be which fund is more apt to be used for crises.
Knutzen stated he would rather use conservation futures. They are getting more
than 40 development rights for $8,000 per right, which is better than they've ever gotten.
They are getting a bargain using the conservation futures to buy 48 development rights.
With all the demands of the flood fund, it can easily be depleted. He would also consider
using EDI funds. He is against using flood funds.
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2C
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Weimer stated he is leaning toward using conservation futures funds 2 to 1.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 2:21 p.m.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@�omhatcomma.us
Public Works, Health, and Safety Committee, 4/9/2013, Page 6