HomeMy WebLinkAboutCommittee of the Whole February 9 20101
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WHATCOM COUNTY COUNCIL
Committee Of The Whole
February 9, 2010
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 1:00 p.m. in the Council
Conference Room, 311 Grand Avenue, Bellingham, Washington.
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken Mann, L.
Ward Nelson and Carl Weimer
Absent: None
1. DISCUSSION WITH THE COUNCIL'S PLANNING AND POLICY ANALYST
REGARDING WORK ASSIGNMENTS (AB2010 -017)
Rebecca Craven, Council Policy Analyst, stated they need to clarify the geographic
scope of the direction to remove the provisional zoning aspects Ordinance 2004 -049
regarding Birch Bay. She indicated the area currently subject to the ordinance on a map.
The discussion at the last meeting was specific to the general commercial area. The
proponents would like it to include the entire area. Clarify if the Council wants the entire
area or the general commercial area.
Crawford stated he wants it the whole area. His intention was for the urban
residential, mixed use (URMX) area that envelops the general commercial area as well,
because he wants to remove the provisional aspect of the zoning. Introduce this ordinance
tonight, with the entire area.
The Council concurred.
Nelson asked to have a discussion about the URMX area. He asked if URMX can be
applied.
David Stalheim, Planning and Development Services Department Director, stated the
repeal went through Planning Commission. If the Council introduces a different zone, it
must go through the Planning Commission process again.
Craven stated the Lake Whatcom interim moratorium expires in late March. She
sent a memo and maps with a table about how many parcels are subject to the moratorium.
She needs direction on whether to prepare another interim moratorium, and if it is in
anticipation of a permanent downzone or completion of the rural element.
Nelson stated he won't support another interim. Complete the rural element and
deal with the issue that way. He is not inclined to downzone in those areas.
There was discussion about whether or not to continue the interim; when they will be
done with the rural element, which will result in a decision about these lots; the area of the
Sudden Valley limited area of more intense rural development (LAMIRD); whether any of
the properties are platted; continuing the interim moratorium while they deal with the rural
element; whether the affected lots are developable; whether the area has septic or sewer,
and; whether development in Hillsdale can happen.
Committee of the Whole, 2/9/2010, Page 1
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Mann stated continue the moratorium. It has a significant impact to the watershed.
They will also deal with these issues as the rural element unfolds. Those things are taking
longer than expected. Discuss this more holistically than just letting the moratorium expire.
Crawford stated he is not in favor of another interim.
Weimer stated keep the interim going. It makes more sense than trying to do a
permanent downzone while waiting for the rural element. Creating any more lots is the
wrong way to go.
Brenner stated she would support the interim moratorium. It's the one area of the
county she has ever supported a downzone. Don't create more lots than they absolutely
have to have.
Kershner stated she doesn't know yet about it, but is leaning toward not extending
the moratorium. It's only 20 houses.
Knutzen stated there is no harm in extending the moratorium, if they are just going
to rezone this property anyway. He's seen how lapses in zoning regulations affect property
in the county. It's not always good.
Crawford stated it seems like five people are interested in considering a moratorium
extension. Councilmember Kershner was a maybe. Ms. Craven can go ahead and draft an
interim ordinance. Ms. Craven will prepare an ordinance for introduction regarding the Birch
Bay thing.
2. AUTHORIZATION OF NEGOTIATED PAYMENT FOR LUMMI ISLAND FERRY
SERVICE TO GOOSEBERRY POINT, PER SIGNED INTERIM AGREEMENT
BETWEEN WHATCOM COUNTY AND THE LUMMI INDIAN BUSINESS COUNCIL
(AB2010 -078) [Discussion of this item may take place in executive session
(closed to the public) pursuant to RCW42.30.110 (1)(i)]
Dan Gibson, Prosecutor's Office, stated that if the councilmembers have no questions
about the material in the paper, there is no need for an executive session. He didn't intend
to seek executive session for this, but if they need to discuss property, they can go into
executive session.
He gave a staff report. They have reached broad areas of conceptual agreement.
There are many details to work out, including the amount of monthly payment for the
interim. He provided the agreement of the parties that addresses the issue of payment on
an interim basis while they work out the details. They have received confirmation from
federal officials that they will take this agreement as the basis to withhold any action that
may arise out of a claim of trespass. The Lummi Nation indicates it does not intend to
pursue a claim of trespass through this agreement.
Brenner asked what the County must remove from the budget to offset the costs for
this interim.
Frank Abart, Public Works Department Director, stated there will be an increase to
the budget.
Brenner asked if they will adjust the ferry fare. Abart stated the Council can decide
to do that. It's likely he will bring something forward, once they know more details. It's not
Committee of the Whole, 2/9/2010, Page 2
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productive to come forward every few months with an increase proposal. They want to
come forward just once when they know the details.
Brenner stated have an understanding of the costs by the time the Council addresses
the biennial budget. Abart stated he agrees.
Dewey Desler, Deputy Administrator, stated a work group will model some of the
options and costs. They are still in the midst of negotiations. They need to understand
impacts and will then present options to Council.
Knutzen stated he was alarmed about issues with the last contract, and who signed it
in place of Henry Cagey.
Crawford stated that Mr. Cagey didn't attend the meeting as expected due to illness,
so someone else who was authorized signed the agreement on behalf of the Tribe.
Weimer moved to approve payment according to the agreement. He is in favor of
it. He asked the budget authority for spending this money. Desler stated they have
authority in the current budget.
Abart stated he has budget authority from professional services.
Desler stated if they need approval to shift funds, then administration will ask the
Council for that.
Gibson stated they are voting to approve the expenditure of the money.
Kershner stated the agreement isn't valid due to a signature discrepancy. Get a
valid agreement.
Weimer withdrew his motion, because they need to make the motion as the full
Council.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 1:28 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on March 16 , 2010.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council &o.w hatcom .wa.us
Committee of the Whole, 2/9/2010, Page 3