HomeMy WebLinkAboutCouncil April 28 20091
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WHATCOM COUNTY COUNCIL
Regular County Council
April 28, 2009
Council Chair Seth Fleetwood called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Barbara Brenner
Bob Kelly
Sam Crawford
Carl Weimer
Laurie Caskey- Schreiber
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
None
1. DISCUSSION OF POTENTIAL PROPERTY ACQUISITION FOR THE FLOOD
CONTROL ZONE DISTRICT (AB2009 -181)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion
of the meeting.)
Nelson moved to rescind the offer of the purchase of the 1880 Marine Drive
property.
Motion carried 7 -0.
Nelson moved to authorize the Executive, acting on behalf of the Whatcom County
Flood Control Zone District Board of Supervisors, to move forward with the complete
acquisition of one additional property in Marietta, as long as the purchase price does not
exceed the amount discussed in executive session.
Motion carried 7 -0.
OPEN SESSION
Dan McShane, Grant Street, stated vote for the Comprehensive Plan amendments on
Lake Whatcom. He thanked the Council for working out an interlocal agreement
amendment with the City of Bellingham on transfers of development right at the last
meeting. He also thanked the County Planning staff and City Council Members.
Gary Lysne, 2472 Northshore Road, submitted and read from his testimony (on file).
Four councilmembers voted to approve the Shoreline Management Program by resolution
rather than ordinance. That goes against the laws of the County, which the
councilmembers swore to uphold. Subsequently, the County was sued. Skagit County
Whatcom County Council, 4/28/2009, Page 1
1 Superior Court Judge Rickert ruled that the plan was not enforceable and should have been
2 passed according to the County Charter and County Code. Those four councilmembers
3 should remember they work for the citizens, not their special interests. He hopes the
4 citizens remember on election day that those councilmembers don't have their best
5 interests at heart. He thanked the three councilmembers who voted against the resolution.
6
7 Michael Geesen, 4761 Mosquito Lake Road, stated he spoke previously to the Council
8 about using the e- verify system for the use of contractors. Since, he left messages for his
9 three representative councilmembers. None called him back. He doesn't understand why
10 they wouldn't want to do this. Stimulous money is going to contractors who hire illegal
11 workers. Those illegal workers send their money out of the country. E- verify is a very
12 simple process to use.
13
14 Nelson stated he talked with Mr. Gleeson on the phone. He asked if the Finance and
15 Administrative Services Committee could look into and discuss this item. At this time,
16 contracts have many State and federal stipulations already in place. E- verify has been
17 implemented in other states and jurisdictions to make sure contract workers are eligible to
18 work in this country. This is one step that can be added to the process.
19
20 Crawford stated the Obama administration is looking to employers to use e- verify.
21 There is an effort to get employers to use the system. He asked if the County uses e- verify.
22
23 Dewey Desler, Deputy Administrator, stated the County uses the e- verify system for
24 its employees. It has an extensive checklist for contractors and employees. He'll check into
25 it.
26
27
28 MINUTES CONSENT
29
30 Weimer moved to approve the minutes.
31
32 Motion carried 7 -0.
33
34 1. SPECIAL COMMITTEE OF THE WHOLE FOR JANUARY 13, 2009
35
36 2. REGULAR COUNTY COUNCIL FOR MARCH 17, 2009
37
38 3. COMMITTEE OF THE WHOLE FOR MARCH 31, 2009
39
40 4. REGULAR COUNTY COUNCIL FOR MARCH 31, 2009
41
42 S. BOARD OF HEALTH FOR APRIL 7, 2009
43
44 6. SPECIAL COMMITTEE OF THE WHOLE FOR APRIL 14, 2009
45
46 7. COMMITTEE OF THE WHOLE FOR APRIL 14, 2009
47
48
49 PUBLIC HEARINGS
50
51 1. ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMITS ON BIRCH BAY
52 AND HARBORVIEW DRIVES (AB2009 -201)
53
Whatcom County Council, 4/28/2009, Page 2
1 Fleetwood opened the public hearing, and the following people spoke.
2
3 Kelvin Barton, 7691 Francis Lane, Birch Bay, stated he is the lead planner for the
4 Transportation Service Department for the City of Everett. He owns property in Birch Bay.
5 He is a steering committee member, and supports the steering committee proposal. The
6 resort commercial area should stay at 20 miles per hour all year. On Birch Bay Drive, the
7 accident rate per one million miles is 1.7, which is high. There is no information on the
8 highest practical speed for Birch Bay Drive. Also, there are no pedestrian counts, which is a
9 significant part of the speed limit.
10
11 Sue Terry, 5117 Sea View Drive, stated she supports a speed limit of 25 miles per
12 hour all year. A limit of 20 miles per hour would be better. Birch Bay is a small urban
13 resort community all year now, not just during the summer. A slower speed limit is safer.
14
15 Ross Clement, 5117 Sea View Drive, stated he supports a speed limit of 25 miles per
16 hour all year on Birch Bay Drive. It takes an additional 55 seconds of travel time if the
17 speed limit were reduced to 25 miles per hour. That small gain doesn't justify sacrificing
18 safety. The amount of space on the road shoulder of Birch Bay Drive between Harborview
19 Road and Shintaffer Road is small. All of Birch Bay Drive from the State Park to Birch Bay
20 Village should have the same speed limit.
21
22 Woody Heron, 8236 Birch Bay Drive, stated he supports the Birch Bay Steering
23 Committee recommendation of 25 miles per hour all year for Birch Bay Drive for safety
24 reasons.
25
26 LouInda Heron Churchward, 8234 Birch Bay Drive, stated she supports a speed limit
27 of 25 miles per hour all year, as recommended by the Birch Bay Steering Committee. Birch
28 Bay is busy all year now, not just during the summer.
29
30 Bob Jordon, 5102 Anderson Road, asked why Anderson Road isn't part of this
31 ordinance. If the speed limit is lowered, all the traffic will move to Anderson Road. He
32 supports a lowered speed limit on Birch Bay Drive, but also apply it to Anderson Road.
33
34 Claudia Hollod, 8240 Birch Bay Drive, submitted and read from a portion of
35 information (on file). She stated she supports a speed limit of 25 miles per hour all year.
36 People from all over the northwest come to Birch Bay. It's about more than this
37 community. She read an excerpt from something written by Wolf Bauer, a shoreline
38 restoration expert. They need a resource study of economic benefit to the shoreline area.
39
40 Lisa Guthrie, 7369 Nautical Court, stated she is the President of the Birch Bay
41 Chamber of Commerce. She asked the Council to reject the proposal put forth the by Public
42 Works Department. She is a member of and supports the steering committee member. A
43 speed limit of 35 miles per hour on Jackson Road and Anderson Road is not appropriate.
44 She described the roadway and shoulders. It should be 25 miles per hour.
45
46 Doralee Booth, 8188 Birch Bay Drive, submitted information (on file) and thanked
47 the Speed Limit Task Force. She asked the Council to reject the speed limit proposed by
48 the Public Works Department. Bring forward a new ordinance that addresses all roads in
49 the area.
50
51 Patrick Alesse, 4875 Alderson Road, submitted his speed limit survey results (on
52 file). Generally, the people who live at Birch Bay Village want to drive faster on Birch Bay
53 Drive toward Drayton Harbor. It's important to listen to all the people, not just those who
Whatcom County Council, 4/28/2009, Page 3
1 have an axe to grind. Do nothing for now, and talk about turning the speed limit back to 25
2 miles per hour in the fall.
3
4 Dennis Sandvig, 8212 Birch Bay Drive, stated the speed limit needs to be 25 miles
5 per hour all the way. Walking on Birch Bay Drive is very scary.
6
7 Eydie Berry, 8250 Birch Bay Drive, stated the National Highway Traffic Safety
8 Administration literature indicates that higher vehicle speeds are associated with a higher
9 likelihood of pedestrian crash occurrences and more serious pedestrian injuries. Birch Bay
10 no longer shuts down during the winter. The people who walk and ride bikes along the bay
11 are residents and neighbors. It only takes 58 more seconds to travel if the speed were
12 lowered. A lower speed limit would be safer. She supports a speed limit of 25 miles per
13 hour all year all around the bay. There are many driveways that access Birch Bay Drive.
14 The speed limit shouldn't be 30 miles per hour past Shintaffer Road because people don't
15 slow down.
16
17 Carol Sandvig, 8212 Birch Bay Drive, read a letter written by Katy Montford
18 supporting a speed limit of 25 miles per hour all year, as proposed by the speed limit task
19 force. She hopes the Council will consider a speed limit of 25 miles per hour on all the
20 roads at Birch Bay, as the task force recommended.
21
22 Hearing no one else, Fleetwood closed the public hearing.
23
24 Weimer moved to reject the staff proposal and ask the staff to bring back a
25 proposal that includes the Speed Limit Task Force recommendation, except section two
26 should also be 25 miles per hour. Staff brought forward a proposal based on good science
27 and engineering, but this is a community decision.
28
29 Caskey- Schreiber stated she is in favor of the motion. The community has an urban
30 level of density, and they should treat the streets as if they are a city neighborhood. They
31 must err on the side of safety. She liked all the community input.
32
33 Brenner stated she went on a ride -along with a resident deputy. Although the speed
34 limit could possibly be a little faster, she is comfortable with a speed limit of 25 miles per
35 hour. The Council requested a recommendation from the Birch Bay Task Force. She is in
36 favor of the Birch Bay Task Force's recommendation. It was a fair and inclusive process.
37
38 (Clerk's Note: End of tape one, side A.)
39
40 Crawford asked if the motion is to make the speed limit through Birch Bay State Park
41 to the intersection at Birch Point Road 25 miles per hour all year long.
42
43 Weimer restated the motion to make the speed limit through Birch Bay State Park
44 to the intersection at Birch Point Road 25 miles per hour all year long and also include the
45 Task Force proposal for the side roads.
46
47 Crawford stated he is not in favor of the proposal for the side roads. Mr. Rutan
48 made it clear that would impact other roads. He moved to amend the motion to make the
49 speed limit through Birch Bay State Park to the intersection at Birch Point Road 25 miles per
50 hour all year long. He does not include the side roads in this motion. He's ready to
51 approve the change on Birch Bay Drive, but not the other roads until he hears from the
52 Public Works Department staff.
53
Whatcom County Council, 4/28/2009, Page 4
1 Joe Rutan, Public Works Department, stated the staff could bring forward two
2 ordinances, one for each option, and deal with them at the same time.
3
4 Crawford withdrew his motion to amend. He suggested a friendly
5 amendment to change Councilmember Weimer's motion and request the Public Works
6 Department staff to draft two ordinances.
7
8 Weimer accepted the friendly amendment. He restated his motion to ask staff to
9 present two new ordinances. One ordinance is to change the speed limit just on Birch Bay
10 Drive to make the speed limit through Birch Bay State Park to the intersection at Birch Point
11 Road 25 miles per hour all year long. The second ordinance is to change the speed limit on
12 the roads as recommended by the Task Force, other than Birch Bay Drive.
13
14 Motion carried 7 -0.
15
16 2. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.06, SOLID WASTE
17 RULES AND REGULATIONS — STANDARDS AND PERMITS, TO ALLOW
18 RETRACTABLE SHARPS WASTE TO BE DISPOSED AS SOLID WASTE IN THE
19 MUNICIPAL SOLID WASTE STREAM (AB2009 -189) (Council acting as the
20 Health Board)
21
22 Fleetwood opened the public hearing, and hearing no one, closed the public hearing.
23
24 Nelson moved to adopt the ordinance.
25
26 Motion carried 7 -0.
27
28
29 ADDITIONAL PUBLIC HEARINGS
30
31 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 1.08.170 TO CLARIFY
32 PROCEDURES FOR THE "'MINI- INITIATIVE ", AND WHATCOM COUNTY CODE
33 1.08.090, "PETITION - REQUIRED NUMBER OF SIGNATURES ", TO AMEND
34 THE LANGUAGE SO THAT EACH CONFORMS TO LANGUAGE USED IN THE
35 WHATCOM COUNTY CHARTER (AB2009 -185)
36
37 Fleetwood opened the public hearing, and the following people spoke.
38
39 Brett Bonner, 3025 Ellis Street, Bellingham, stated substantial changes have been
40 proposed since the ordinance was introduced. The public hasn't seen the changes until
41 tonight. They are good changes, but he asked the Council to hold the proposal and have
42 another public hearing on the new proposal.
43
44 Bob Wiesen, 3314 Douglas Road, Ferndale, stated he asks the Council to hold this
45 due to last minute changes.
46
47 Shirley Forslof, Whatcom County Auditor, described the background of this issue.
48 The existing mini - initiative language isn't clear. The ordinance makes the process clearer.
49 There is no harm to putting this item off for two weeks. There is no deadline.
50
51 Hearing no one else, Fleetwood closed the public hearing.
52
53 Brenner moved to hold for another public hearing in two weeks.
Whatcom County Council, 4/28/2009, Page 5
1
2 Motion carried 7 -0.
3
4 2. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 21, LAND
5 DIVISION REGULATIONS, REGARDING GENERAL PROVISIONS, EXEMPT
6 LAND DIVISIONS AND BOUNDARY LINE ADJUSTMENTS, SHORT
7 SUBDIVISIONS, PRELIMINARY LONG SUBDIVISIONS, FINAL LONG
8 SUBDIVISIONS, SURVEYS AND DEDICATIONS, AND DEFINITIONS (AB2009-
9 177)
10
11 Fleetwood opened the public hearing, and the following people spoke.
12
13 Caskey- Schreiber stated this ordinance is changed due to input from stakeholders,
14 so the Council will only accept the revised version during Introduction Items. There will be
15 a public hearing in two weeks.
16
17 Bob Wiesen, 3314 Douglas Road, stated this has convoluted language that can be
18 interpreted in many ways. It doesn't clearly identify the problems it is supposed to remedy.
19
20 Jay Irwin, Land. Use Professional, stated they're mostly talking about moving a line.
21 He understands there can be abuse of boundary line adjustments, but there is a very wide
22 variety of land use actions that are minimal. They were intended to be very minor land use
23. actions. Often, it is used to correct mistakes or resolve lines that have changed over time.
24 He is not comfortable with all these reviews in a case when the land is already developed.
25 Most uses in the county are nonconforming with current regulations because they were
26 developed many years ago. Also, the issue regarding lots of record is dangerous. Many
27 lots exist that don't rribet the definition of lots of record.
28
29 Brenner stated that when someone buys a lot, it should be their due diligence to
30 make sure their lot is a legal lot of record.
31
32 Larry Quinliven, 2327 Northshore Road, stated a person can build a house according
33 to the rules in place, and then it becomes nonconforming. All rules are subject to change.
34
35 Gary Lysne, 2472 Northshore Road, stated the citizens must beware of the Whatcom
36 County Council. The Council has changed ordinances it already tried to adopt two weeks
37 ago. That doesn't exude confidence to the citizens. The Shoreline Management Plan makes
38 almost every home on Lake Whatcom nonconforming. Whatcom County is the biggest non -
39 conformers by its road ownership on the lake. Tell staff exactly what the problem is and
40 what problem should be corrected in the current regulation.
41
42 Hearing no one else, Fleetwood closed the public hearing.
43
44 Brenner asked why the County cares about a nonconforming lot becoming more
45 nonconforming if it's already built on. She moved to amend the revised version of this
46 ordnance being introduced tonight to delete Whatcom County Code 21.10.020(5)(6)
47 regarding definitions.
48
49 Nelson asked the reason for this definition.
50
51 David Stalheim, Planning and Development Services Department Director, stated
52 they must look at the decision criteria for boundary line adjustments, which shall result in
53 lots that contain sufficient area and dimension for a building site. That is directly from the
Whatcom County Council, 4/28/2009, Page 6
1 Revised Code of Washington (RCW). The reason for the second option with the term
2 "legally developed" is because they don't want people with existing homes to have to go
3 through the whole process in subsection (A).
4
5 Brenner stated that if the building sites are already developed and the owners agree
6 to a boundary line adjustment, there should not be a reason to require them to trade land.
7 Stalhein) stated that is a separate section about nonconforming. It's not in the definition of
8 a building site.
9
10 Crawford stated he is concerned that they are putting boundary line adjustments
11 through a huge process. He is reluctantly against the motion.
12
13 (Clerk's Note: End of tape one, side 8.)
14
15 Motion failed 1 -6 with Brenner in favor.
16
17 3. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.83.110 TO INCLUDE
18 LANGUAGE REGARDING "REDUCTION OF AREA" IN THE NON - CONFORMING
19 USE CHAPTER (AB2009 -179)
20
21 Fleetwood opened the public hearing, and the following people spoke.
22
23 Mary Dickinson, Building Industry Association of Whatcom County Governmental
24 Affairs Director, stated she is in favor of having another hearing in two weeks. She
25 submitted a letter previously. This item was originally to be in Title 21. As written, it may
26 conflict with current language in the Shoreline Master Program and WCC 20.83.020. As
27 written, the language appears to apply to any nonconforming use and parcel. It limits what
28 an individual with a nonconforming lot can do. Many lots have become or are about to
29 become nonconforming. In land use law, the existing of a nonconforming lot is supposed to
30 be rare and an exception, not the norm. Reexamine the issue of making everything
31 nonconforming.
32
33 )ay Irwin, Bellingham, stated the policy of this ordinance is flawed because it covers
34 thousands of nonconforming lots and is too broad. The existing substandard five -acre
35 parcels should be able to conform and adjust over time.
36
37 Hearing no one else, Fleetwood closed the public hearing.
38
39 Brenner asked what would happen if they didn't have this language.
40
41 David Stalheim, Planning and Development Services Director, stated they would
42 approve boundary line adjustments that would increase the nonconformity of lots. Required
43 setbacks of five feet could be adjusted to one foot.
44
45 Crawford stated that in the absence of this, the County would have to develop an
46 entire new set of regulations based on a bunch of hypothetical questions about the
47 acceptable minimum size of nonconformity. The code can't be silent. They would have to
48 add language to every zone. There is value to set a standard that is easily enforceable.
49
50 Nelson asked if this would make it more difficult for a property owner of two adjacent
51 lots that are nonconforming due to shorelines adjust the common boundary line. Stalheim
52 stated that is a separate code. This is only to do with zoning.
53
Whatcom County Council, 4/28/2009, Page 7
1 Fleetwood stated the Council will accept for introduction an amended version of this
2 item.
3
4
5 CONSENT AGENDA
6
7 Crawford reported for the Finance and Administrative Services Committee and
8 moved to approve Consent Agenda items one, two, and four through six.
9
10 Motion carried 7 -0.
11
12 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #09 -19
13 TO LOW BIDDER PUGET SOUND SECURITY FOR SECURITY SERVICES AT
14 GOOSEBERRY POINT FERRY IN THE APPROXIMATE AMOUNT OF $60,680
15 (AB2009 -216)
16
17 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #09 -32
18 TO LOW BIDDER NOLAN'S ROOFING FOR THE REPLACEMENT OF THE METAL
19 ROOFS ON THE RENTAL CABINS AT SILVER LAKE PARK IN THE AMOUNT OF
20 $36,781.50 (AB2009 -217)
21
22 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #08 -57
23 TO VENDOR PAPE MACHINERY FOR THE PURCHASE OF A REPLACEMENT
24 TRUCK MOUNTED DITCHING MACHINE IN THE AMOUNT OF $286,168.75
25 (VENDOR IS WILLING TO HONOR 2008 PRICING) (AB2009 -218)
26
27 Crawford reported for the Finance and Administrative Services Committee and stated
28 this item is held for two weeks.
29
30 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD RFP #09 -30
31 TO SOLE RESPONDENT, THE LYNDEN TRIBUNE, FOR DESIGN, PRINTING AND
32 DISTRIBUTION OF VOTERS' PAMPHLETS FOR AN AMOUNT THAT COULD
33 EXCEED $35,000 (AB2009 -219)
34
35 S. REQUEST APPROVAL FOR THE, COUNTY EXECUTIVE TO ENTER INTO A
36 CONTRACT BETWEEN WHATCOM COUNTY AND PIONEER HUMAN SERVICES
37 FOR THE PURPOSE OF PROVIDING HOUSING FOR HOMELESS EX- OFFENDERS
38 IN THE AMOUNT OF $1,086,987 (AB2009 -220)
39
40 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A ONE -
41 YEAR LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND CASEY
42 HOLLORAN AND ETHAN ROE FOR 673 N. LAKE SAMISH DRIVE IN THE
43 AMOUNT OF $895 PER MONTH (AB2009 -221)
44
45
46 OTHER ITEMS
47
48 1. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN TO
49 ADD THE NECESSARY REFERENCES TO RECOGNIZE THE SIGNIFICANCE OF
50 LAKE WHATCOM AS A DRINKING WATER SOURCE, THE STATE LISTING OF
51 LAKE WHATCOM AS AN IMPAIRED WATERBODY, AND THE ROLE OF
52 FORESTRY IN THE LAKE WHATCOM WATERSHED (AB2009 -204)
53
Whatcom County Council, 4/28/2009, Page 8
1 Weimer reported for the Natural Resources Committee and moved to forward to
2 concurrent review.
3
4 Motion carried 7 -0.
5
6 2. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN
7 REMOVING THE `PROVISIONAL URBAN GROWTH AREA" DESIGNATION
8 FROM SUDDEN VALLEY (AB2009 -205)
9
10 Weimer reported for the Natural Resources Committee and moved to forward to
11 concurrent review.
12
13 Motion carried 6 -1 with Crawford opposed.
14
15 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
16 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM
17 CONSERVATION DISTRICT REGARDING PROVIDING TECHNICAL EXPERTISE
18 TO THE COUNTY FOR IMPLEMENTATION OF THE CPAL PROGRAM IN THE
19 AMOUNT OF $195,000 (AB2009 -213)
20
21 Crawford reported for the Finance and Administrative Services Committee and stated
22 staff withdrew this item.
23
24 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE
25 AGREEMENT BETWEEN WHATCOM COUNTY AND POINT RECYCLING AND
26 REFUSE LLC FOR THE JOHNSON ROAD POINT ROBERTS LANDFILL FACILITY
27 TO BE USED AS A DROP BOX AND RECYCLING CENTER IN THE AMOUNT OF
28 $50 PER MONTH (AB2009 -214)
29
30 Crawford reported for the Finance and Administrative Services Committee and
31 stated the title of this item should indicate a lease amount of $1,000 per month, not $50
32 per month. The information in the Council packet is correct. He moved to approve the
33 request.
34
35 Brenner stated they shouldn't approve a long -term lease agreement with this
36 provider while the County is engaged in a legal matter before the Utilities and
37 Transportation Commission (UTC), with a third party that is also protesting this provider.
38
39 Crawford stated this lease provides the County with the option to cancel the lease
40 should the provider no longer be the provider per the UTC.
41
42 Brenner stated this is an insult to the Point Roberts residents who have filed their
43 legal motions.
44
45 Motion carried 6 -1 with Brenner opposed.
46
47 5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
48 CONTRACT FOR SERVICES BETWEEN WHATCOM COUNTY AND KERR WOOD
49 LEIDAL ASSOCIATES TO ASSESS CHANGED CONDITIONS TO THE UPPER
50 JONES CREEK WATERSHED AND FURTHER DEVELOP THE MITIGATION
51 ALTERNATIVES IDENTIFIED IN THE JONES CREEK ALLUVIAL FAN STUDY IN
52 THE AMOUNT OF $44,700 (AB2009 -215)
53
Whatcom County Council, 4/28/2009, Page 9
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(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion
of the meeting.)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Motion carried 7 -0.
6. RESOLUTION AMENDING THE 2009 WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BUDGET, THIRD REQUEST, IN THE AMOUNT OF $1,386,980
(AB2009 -207)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion
of the meeting.)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Motion carried 7 -0.
7. ORDINANCE AMENDING THE 2009 WHATCOM COUNTY BUDGET, FOURTH
REQUEST, IN THE AMOUNT OF $1,140,000 (AB2009 -208)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Motion carried 7 -0.
7A. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.16.110, REMOVING
SPECIFIC REFERENCE TO RCW 36.67 (AB2009 -187)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Motion carried 7 -0.
OTHER BUSINESS
7B. DISCUSSION REGARDING PROPOSED ROAD PROJECTS, YEW STREET ROAD
(CITY LIMITS TO TACOMA STREET) AND LINCOLN ROAD, PHASE I
(SHINTAFFER TO HARBOR VIEW ROAD) (AB2009 -017)
Crawford reported for the Finance and Administrative Services Committee.
Frank Abart, Public Works Director, stated the road fund has funding to do one of
these two projects, but would like confirmation to proceed in light of the budget issues. Mr.
Desler indicated they could use real estate excise tax (REST) funds to do the second of the
two projects. He asked the Council for direction. He asks the Council whether the Council
is still committed to the Yew Street Road project or whether they should give up $2.25
million of STP funding.
Whatcom County Council, 4/28/2009, Page 10
1
2 Brenner stated she's concerned about using REET funds because they have other
3 infrastructure projects on which they want to use that money. The City of Bellingham will
4 probably never annex this quarter -mile of Yew Street Road. They would get more benefit
5 for the money with Lincoln Road, which is a full mile.
6
7 Caskey- Schreiber stated Lincoln Road will be more expensive than they think. She
8 feels obligated to the school district, which located a school on Yew Street Road assuming
9 the County would keep that area in the urban growth area (UGA) and things would be
10 brought up to standard for safety reasons. She asked if Yew Street Road is safe now for the
11 children. Abart stated he doesn't know of any pedestrian incidents in that area. There is
12 sidewalk access from the north. The issue is from the subdivisions to the south. The school
13 district is currently busing kids from those subdivisions. To correct that problem, it will cost
14 $10 million to $12 million. From an engineering perspective, the Yew Street Road project is
15 complete and ready to go. The Lincoln Road engineering is 60 to 70 percent ready.
16
17 Fleetwood asked if the City has made an official statement that is not interested in
18 annexing that portion of Yew Street Road.
19
20 Crawford stated the City Council just approved its annexation phasing plan. This
21 area is put into a medium- to long -term phased program. This is an urban growth area for
22 the City. This is not in the area of the Lake Padden watershed in the urban growth area,
23 which people have asked be removed from the urban growth area. Also, this is and always
24 will be a vital transportation area.
25
26 Tonight, the Council has three options. It can choose Yew Street Road, Lincoln
27 Road, or both using REET funds. The administration isn't asking the Council to kill both
28 projects. He is in favor of proceeding with the Yew Street Road project, partly because
29 funds are available for it that they have to use or they will lose. However, the County has
30 six years to come up with money for Lincoln Road project. Most likely, they will have a
31 more robust economy in six years and there will be opportunities to complete the project in
32 that area. The school was built with the understanding that road would be improved. The
33 area for the Yew Street Road project is directly in front of the school. The School District
34 wants this project very much. If the Lake Padden watershed area is removed from the
35 UGA, the school will have even more heartache. He's pretty certain that the private portion
36 of the Lincoln Road project will not be built within the next few years. It makes sense to
37 delay the Lincoln Road project because the developer is also delayed. He is also concerned
38 about using REET funds. They can always talk about using REET funds for one of these
39 projects. He prefers to complete the Yew Street Road project only at this time.
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41 Kelly asked about not doing either project in order to save some money for other
42 budgetary needs. Abart stated that doing nothing is almost always an option. However,
43 they will risk losing the $2.2 million to other jurisdictions.
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45 (Clerk's Note: End of tape two, side A.)
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47 Dewey Desler, Deputy Administrator, stated the Council has the option of doing
48 nothing on both projects. However, this project has been in the making for four years. The
49 Executive wants to see both of these projects done. They have $8 million in project costs
50 and $5 million in grants for the two projects. They have to find another $3 million, half of
51 which could be found in time from other grants.
52
Whatcom County Council, 4/28/2009, Page 11
1 Weimer stated the City does have an annexation phasing plan. However, the City's
2 population recommendation for its UGA's is one that clearly shows the City doesn't need any
3 of its UGA's. City Council Members have said privately that Yew Street Road doesn't pencil
4 out very well for annexation. However, Yew Street Road is in the City's phasing plan, and
5 the City has said for sure that they don't want it. He asked when the six year timeline
6 starts for the Lincoln Road funding, and the difference in the traffic count between Yew
7 Street Road and Lincoln Road. Abart stated the six -year timeline begins next week.
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9 Joe Rutan, Public Works Department, stated he doesn't know the traffic counts, but
10 would guess they are about the same.
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12 Brenner stated that if the City won't annex Yew Street Road for ten to 20 years, then
13 the County won't be reimbursed for any of the cost. The property owners on Lincoln Road
14 want to pay for the road upgrade because they want to develop. Even though they have
15 been planning these projects for years, the economy is bad right now and could get worse
16 Be aware of that. She doesn't count on grant money to do these things. The projects
17 always turn out to be much more expensive than they plan for. Either do nothing, or do
18 just the Lincoln Road project.
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20 Caskey- Schreiber stated she would like to wait and get an update on the viability of
21 both projects. She asked why the Yew Street Road project is needed, what is to be done,
22 and who will benefit. Abart described the project.
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24 Rutan described the history and engineering of the project.
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26 Caskey- Schreiber stated a cost of $4 million for 1,500 feet is a bit much. She
27 doesn't want to lose funding, but she needs more justification about why they need to do
28 that.
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30 Nelson stated an expenditure in this piecemeal fashion doesn't benefit the taxpayers.
31 They have gone through the six -year road program process. Lincoln Road was made a high
32 priority. He recognizes the school's concern, but he can't justify that expenditure. In the
33 long term, there will be funds for the Yew Street project in the future. In the meantime,
34 they've committed to the residents of the Birch Bay area. He supports the Lincoln Road
35 project.
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37 Caskey- Schreiber asked about the connecter portion of Lincoln Road to be developed
38 by Mr. Bovencamp. Rutan stated that when the connector is built, the Public Works staff
39 would like this section of Lincoln Road ready to accept it. Both roads warrant improvements
40 right now on their own merit, whether or not these projects go forward. They are both high
41 accident roads. The pavement is in bad condition. Until the State does improvements on
42 Blaine Road, Harborview Road is safer to get people south to Birch Bay Lynden Road.
43
44 Fleetwood stated he would call for a straw vote of those in favor of supporting the
45 Lincoln Road project.
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47 The Council voted 4 -3, with Crawford, Kelly, and Fleetwood opposed.
48
49 Fleetwood stated he would call for a straw vote of those in favor of supporting the
50 Yew Street Road project.
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52 The Council voted 3 -4 with Crawford, Fleetwood, and Weimer in favor.
53
Whatcom County Council, 4/28/2009, Page 12
1 Fleetwood stated he would call for a straw vote of those in favor of supporting
2 neither project.
3
4 The Council voted 1 -6 with Kelly in favor.
5
6 Weimer stated he would like to have a discussion on the REET fund. The reason he
7 leans toward the Yew Street Road project is because for the safety of the kids at the school.
8 Also, they have six years to come up with the money for Lincoln Road. Abart stated there
9 may be a discussion on Thursday at the technical committee about the viability of the Yew
10 Street Road project and possible other uses for the $2.2 million funding. He doesn't know
11 what would happen if the Council initially approved going forward with the Yew Street Road
12 project tonight, and then changed its mind after getting more information on REET at a
13 future meeting.
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15 Desler stated that after they calculate all the commitments and obligations to the
16 REET fund as well as the projected revenue, he projects a balance of $5.5 million at the end
17 of 2010. Of that balance, they would apply the money needed for the Yew Street Road
18 project in 2010, bringing the fund balance down to $4 million. That calculation includes all
19 the money budgeted for the REET fund for parks, roads, and stormwater in the current two
20 year budget.
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22 Fleetwood stated he would call for a straw vote of those in favor of supporting both
23 projects.
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25 The Council voted 4 -3 with Kelly, Brenner, and Nelson opposed.
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27 Fleetwood stated the Council provides direction to pursue both road projects as
28 discussed.
29
30 S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
31 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN WHATCOM
32 COUNTY AND THE CITY OF BELLINGHAM FOR THE PURPOSE OF
33 ANNEXATION OF APPROXIMATELY 20 ACRES — THE CORDATA PARK
34 ANNEXATION (AB2009 -203)
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36 Caskey- Schreiber reported for the Planning and Development Committee and
37 moved to approve the request.
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39 Motion carried 7 -0.
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41 9. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 20, TO AMEND THE
42 BELLINGHAM URBAN FRINGE SUBAREA PLAN (AB2009 -206)
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44 Caskey- Schreiber reported for the Planning and Development Committee and
45 moved to adopt the substitute version of the ordinance.
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47 Crawford stated he will vote for the ordinance, but notes he is very sympathetic to
48 the concerns of the people as expressed today regarding the lack of information on the
49 internet, based on certain assumptions that everything would be provided. This was a good
50 opportunity for staff and Council to realize how important it is.
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52 Brenner stated she won't support the ordinance because of those concerns. This is a
53 housekeeping item, and they can hold it for two weeks.
Whatcom County Council, 4/28/2009, Page 13
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Motion carried 6 -1 with Brenner opposed.
10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM FOR THE PURPOSE OF ANNEXATION AND DEVELOPMENT WITH
THE CITY OF BELLINGHAM UGA FOR APPROXIMATELY 233 ACRES IN THE
VICINITY OF VAN WYCK AND JAMES STREET (AB2009 -223)
Caskey- Schreiber reported for the Planning and Development Committee and
moved to approve the request.
Motion carried 7 -0.
11. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM FOR THE PURPOSE OF ANNEXATION AND DEVELOPMENT WITH
THE CITY OF BELLINGHAM UGA FOR APPROXIMATELY 38 ACRES - QUEEN
MOUNTAIN (AB2009 -224)
Caskey- Schreiber reported for the Planning and Development Committee and
moved to approve the request.
Motion carried 7 -0.
12. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
SUMAS FOR THE PURPOSE OF ANNEXATION AND DEVELOPMENT WITHIN
THE CITY OF SUMAS UGA FOR APPROXIMATELY 11 ACRES IN THE VICINITY
OF HIGHWAY 9 /EASTERBROOK ROAD, SOUTH AND WEST OF THE CITY
LIMITS - SKILLMAN ANNEXATION, BRB 2009 -04 (AB2009 -225)
Caskey- Schreiber reported for the Planning and Development Committee and
moved to approve the request.
Motion carried 7 -0.
13. REQUEST CONFIRMATION OF COUNTY EXECUTIVE APPOINTMENT OF
STEPHANIE WILLIAMS TO THE WHATCOM COUNTY MARINE RESOURCES
COMMITTEE (AB2009 -226)
Brenner moved to confirm the appointment.
Motion carried 7 -0.
14. REQUEST CONFIRMATION OF COUNTY EXECUTIVE APPOINTMENTS TO THE
CHEMICAL DEPENDENCY /MENTAL HEALTH PROGRAM FUND OVERSIGHT
ADVISORY COMMITTEE (AB2009 -227)
Weimer moved to confirm the appointments.
Motion carried 7 -0.
Whatcom County Council, 4/28/2009, Page 14
1 15. REQUEST CONFIRMATION OF COUNTY EXECUTIVE APPOINTMENT OF JOHN
2 WILEY TO LAKE MANAGEMENT DISTRICT NO. 1 COMMITTEE (AB2009 -228)
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4 (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
5 Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion
6 of the meeting.)
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8 Fleetwood moved to confirm the appointment.
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10 Motion carried 7 -0.
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12 16. APPOINTMENTS TO FILL GEOGRAPHIC POSITION VACANCIES ON THE
13 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT ADVISORY
14 COMMITTEE - ONE VACANCY FILLING A PARTIAL TERM ENDING
15 12/31/2009, AND ONE VACANCY FILLING A PARTIAL TERM ENDING
16 12/31/2010. NEW APPLICANTS: ALAN SOICHER AND JIM HANSON.
17 APPLICANTS FROM THE WHATCOM COUNTY FLOOD CONTROL ZONE
18 COMMITTEE ALTERNATE LIST: RICHARD MARICLE, MARY RIANES, JUDY
19 SANDE, TOM WESTERGREEN, AND TIM HYATT (AB2009 -232) (COUNCIL
20 ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF
21 SUPERVISORS)
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23 (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
24 Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion
25 of the meeting.)
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27 Fleetwood nominated applicants.
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29 Caskey- Schreiber voted for Jim Hanson and Alan Soicher.
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31 Nelson voted for Tom Westergreen and Mary Rianes.
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33 Brenner voted for Tom Westergreen and Jim Hanson.
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35 Fleetwood voted for Alan Soicher and Jim Hanson.
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37 Weimer voted for Alan Soicher and Jim Hanson.
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39 Kelly voted for Alan Soicher and Jim Hanson.
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41 Crawford voted for Tom Westergreen and Mary Rianes.
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43 The Council appointed Alan Soicher and Jim Hanson.
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45 17. APPOINTMENTS TO THE ALTERNATE LIST FOR THE WHATCOM COUNTY
46 FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE, APPLICANTS:
47 ALAN SOICHER AND JIM HANSON (AB2009 -233) (COUNCIL ACTING AS THE
48 FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS)
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50 (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
51 Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion
52 of the meeting.)
53
Whatcom County Council, 4/28/2009, Page 15
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Weimer stated that since the Council just voted to appoint these two applicants to
the Committee, they don't need to be appointed as alternates.
INTRODUCTION ITEMS
Brenner moved to accept the Introduction Items, included the items from the
addendum.
Crawford suggested a friendly amendment to add the Ordinance amending
Whatcom County Code 1.08.170 to clarify procedures for the "mini- initiative ", and
Whatcom County Code 1.08.090, "Petition - Required number of signatures ", to
amend the language so that each conforms to language used in the Whatcom
County Charter (AB2009 -185) (revised ordinance).
Brenner accepted the friendly amendment.
Motion carried 7 -0.
1. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 20, FOR. THE
PURPOSES OF CLARIFYING THE DEFINITIONS OF BED AND BREAKFAST
OPERATIONS AND ADDITIONAL STANDARDS THROUGHOUT THE CODE
(AB2009 -229)
2. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 20, FOR THE
- PURPOSES OF CLARIFYING THE DEFINITIONS OF DAY CARE OPERATIONS
AND ADDITIONAL STANDARDS THROUGHOUT THE CODE (AB2009 -230)
3. ORDINANCE REMOVING THE LOT CLUSTERING PROVISION FROM WHATCOM
COUNTY CODE 20.42, RURAL FORESTRY DISTRICT (AB2009 -210A)
4. RESOLUTION APPROVING SALE OF F34 AND LAUREL GRAVEL PITS AS
SURPLUS REAL PROPERTY (AB2009 -231)
5. ORDINANCE ADOPTING THE LUMMI ISLAND SUBAREA PLAN - A
COMPONENT OF THE WHATCOM COUNTY COMPREHENSIVE PLAN (AB2009-
088A)
6. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 21, LAND
DIVISION REGULATIONS, REGARDING GENERAL PROVISIONS, EXEMPT
LAND DIVISIONS AND BOUNDARY LINE ADJUSTMENTS, SHORT
SUBDIVISIONS, PRELIMINARY LONG SUBDIVISIONS, FINAL LONG
SUBDIVISIONS, SURVEYS AND DEDICATIONS, AND DEFINITIONS (AB2009-
177) (REVISED ORDINANCE)
7. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.83.110 TO INCLUDE
LANGUAGE REGARDING "REDUCTION OF AREA" IN THE NON - CONFORMING
USE CHAPTER (AB2009 -179) (REVISED ORDINANCE)
S. ORDINANCE AMENDING WHATCOM COUNTY CODE 1.08.170 TO CLARIFY
PROCEDURES FOR THE "MINI- INITIATIVE ", AND WHATCOM COUNTY CODE
1.08.090, "PETITION - REQUIRED NUMBER OF SIGNATURES ", TO AMEND
Whatcom County Council, 4/28/2009, Page 16
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THE LANGUAGE SO THAT EACH CONFORMS TO LANGUAGE USED IN THE
WHATCOM COUNTY CHARTER (AB2009 -185) (REVISED ORDINANCE)
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
There were no reports or other items.
ADJOURN
The meeting adjourned at 9:54 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on May 26 , 2009.
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Whatcom County Council, 4/28/2009, Page 17