HomeMy WebLinkAboutCouncil May 29 20011 WHATCOM COUNTY COUNCIL
2 Regular County Council
3
4 May 29, 2001
5
6
7 The meeting was called to order at 7:00 p.m. by Council Chair L. Ward
8 Nelson in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
9
10 Also Present: Absent:
11 Marlene Dawson Dan McShane
12 Connie Hoag
13 Barbara Brenner
14 Sam Crawford
15 Robert Imhof
16
17
18 ANNOUNCEMENTS
19
20 Nelson announced that the Ordinance amending Whatcom County Code
21 1.12, District Boundaries (AB2001 -045A) was withdrawn. A hearing will be
22 held on June 5, 2001 at noon, after the Board of Health meeting. Adoption is
23 scheduled for the June 12, 2001 regular Council meeting.
24
25 Nelson announced that there was discussion with Senior Deputy
26 Prosecutor Karen Frakes regarding potential litigation (AB2001 -018) in
27 executive session during the Committee of the Whole meeting. The Council
28 received advice from its attorney. The Council will also discuss a proposed
29 ordinance later in the agenda.
30
31 Nelson also announced that there was discussion with Senior Deputy
32 Prosecutor Dave Grant regarding pending litigation (AB2001 -018) in
33 executive session during the Committee of the Whole meeting. The discussion
34 regarded the Park Store and what would be allowed within certain zones. The
35 Council received recommendations from its attorney. This item will be added to the
36 introduction items for tonight, and scheduled for the next regular Council meeting.
37
38 The Council concurred.
39
40
41 SPECIAL PRESENTATION
42
43 JOINT PROCLAMATION PRESENTED BY COUNTY EXECUTIVE PETE
44 KREMEN RECOGNIZING HOMEOWNERSHIP WEEK, JUNE 3 -10, 2001
45 (AB2001 -017)
46
47 Pete Kremen, County Executive, read a proclamation into the record.
48
49 Paul Schissler, Kulshan Community Land Trust, received the proclamation.
Regular County Council Meeting, 5/29/2001, Page 1
1 He thanked the County administration and County Council for their support for
2 affordable housing issues and home ownership. This is a timely matter for several
3 reasons. This is the first time in Whatcom County when there has been an
4 emphasis on Affordable Home Ownership week. All of the affordable home
5 ownership non - profit agencies in the county have joined to put together the first
6 home ownership fair next Thursday, June 7, 2001. A recent Bellingham Herald
7 article reported that, for the first time in Bellingham, home ownership rates are less
8 than 50 percent. They will be disappointed later this summer when they learn from
9 the census data how many people are spending more than 30 percent of their
10 income for housing costs. The State of Washington last estimated that over 4,000
11 households in Whatcom County were spending more than 50 percent of their
12 income for housing. Whatcom County is moving in the wrong direction. In most
13 areas of the country, home ownership rates are increasing. He hoped that local
14 efforts would be able to help increase home ownership rates among low and
15 moderate income households. He thanked the Council for its support.
16
17 Brenner questioned whether the census data would show the number of
18 renters and homeowners who are paying more than 30 percent of their income for
19 housing costs. There are quite a few homeowners who are paying more than 30
20 percent. Schissler stated they would be able to look at that information by area of
21 the county, by age range, and by ownership versus renting.
22
23 Nelson stated he was quite shocked when he read the article in the
24 newspaper. He questioned whether there are any particular things that would help
25 the people in the community, particularly in the areas of encouraging people to
26 take the step into investment and home ownership. Schissler stated there are a
27 host of things that local government can do. The County, in partnership with the
28 small cities, could focus on some of the good ideas that were included in the
29 housing element of the County Comprehensive Plan and the small cities'
30 comprehensive plan housing elements. Encourage residential development inside
31 the urban growth areas, where the services are. He encouraged partnership with
32 other local cities. Purchase or transfer development rights out of the watershed or
33 off of farmland and into the urban growth areas.
34
35 Hoag questioned the impact on the statistics because of the presence of the
36 university and college renters. Schissler stated there is an impact to the statistics
37 to some degree. Their presence also puts upward pressure on rental costs.
38 Students are willing to pay a certain amount for a room or shared housing. It also
39 creates a demand for rental housing so they end up with a boom and bust cycle.
40 As the university expands, rental construction happens, and there may be some
41 over - building.
42
43 Hoag questioned whether the statistics are able to separate that out at all.
44 Schissler stated one could take a look at the information by student population and
45 by age. Many students are families and may rent because they can't purchase.
46 One can sort that information out a bit. That is probably why Bellingham has a
47 higher than average rental rate compared to the other small cities in the county.
48
49
Regular County Council Meeting, 5/29/2001, Page 2
1 APPROVAL OF MINUTES
2
3 COMMITTEE OF THE WHOLE FOR MAY 15, 2001; WATER RESOURCES
4 WORK SESSION FOR MAY 8, 2001
5
6 Dawson moved approval of the substitute minutes. In addition, she
7 submitted scrivener's errors to the clerk.
8
9 Motion carried unanimously.
10
11
12 OPEN SESSION
13
14 The following people spoke:
15
16 Bob Wiesen, 3314 Douglas Road, stated he was concerned about the benefit
17 of sending councilmembers to Washington D.C. and Hawaii.
18
19 He questioned what Whatcom County has done in the last few years to
20 improve the affordability of housing in this county. All the County documents say
21 they should encourage affordable housing. However, the action they take to make
22 rules and regulations does not make housing more affordable.
23
24 Anna Marie Bangs, Bellingham, asked the Council to leave the laws and
25 requirements for adult businesses in the County as they are. There are plenty of
26 outlets for people to get their adult needs met without compromising the integrity
27 of this community. This is not a judgement against these people or a refusal to
28 allow them the right to free speech. That argument is a thin veil to cover the desire
29 of a few people to make more money. Freedom of speech and expression also
30 means that those people who oppose this type of business becoming more
31 prevalent have a right to be heard and make choices for what they want. They live
32 here. She chooses the freedom to say that she doesn't want more adult
33 businesses. They bring increased crime and send a message to children that
34 excessive behavior is acceptable. Make this County the exception to the rule, and
35 make a better choice for the quality of life in the county. Don't bend to the
36 pressure of money, and stand up for the more difficult pressures of doing what is
37 healthy for the community.
38
39 Brenner questioned why Ms. Bangs thought they were making the law
40 weaker. Bangs stated the newspaper article said the Council would vote to decide
41 whether or not to decrease all the requirements.
42
43 Brenner stated she didn't read the article. The restriction of the use to
44 industrial areas is already more restrictive than it used to be. They are not getting
45 more lenient.
46
47 Leonard Lindstrom, 2058 W. Maplewood, stated people who claim
48 constitutional rights will lose their rights to the person with the biggest gun. People
49 should mature, share, and talk business wisely.
Regular County Council Meeting, 5/29/2001, Page 3
1
2
3 CONSENT AGENDA
4
5 Imhof reported for the Finance and Administrative Services Committee and
6 moved approval of items one through thirteen. Item eight passed through
7 committee on a 2 -1 vote.
8
9 Brenner withdrew item eight.
10
11 Motion to approve Consent Agenda items one through seven and nine
12 through thirteen carried unanimously.
13
14 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #01-
15 41 FOR FIVE REPLACEMENT ONE -HALF TON PICKUP TRUCKS TO THE
16 LOWEST RESPONSIVE BIDDER, DWAYNE LANE'S DODGE, IN THE
17 AMOUNT OF $115,556.10 (AB2001 -169)
18
19 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #01-
20 52 FOR THE LAKE WHATCOM /GLENHAVEN AREA ASPHALT PRELEVEL
21 AND OVERLAY PROJECT TO THE LOWEST RESPONSIVE BIDDER,
22 WHATCOM BUILDERS, INC., IN THE AMOUNT OF $512,915 (AB2001-
23 170)
24
25 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #01-
26 56 FOR THE ANNUAL SUPPLY OF ASPHALTIC MIXES FOR COUNTY
27 ROAD PROJECTS, TO THE APPROPRIATE LOW BIDDER FROM THE LIST
28 OF VENDORS, BASED ON JOB LOCATION, DISTANCE FROM THE PLANT
29 AND PRODUCT AVAILABILITY, IN THE ANNUAL AMOUNT OF
30 APPROXIMATELY $375,000 (AB2001 -171)
31
32 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #01-
33 57 FOR TWO REPLACEMENT TRACTOR MOWERS TO THE LOWEST
34 RESPONSIVE BIDDER, BRIM TRACTOR, IN THE AMOUNT OF
35 $89,539.74 (AB2001 -172)
36
37 S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
38 PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY
39 AND NORTHWEST CARE ADVOCATES TO PROVIDE COORDINATION OF
40 MENTAL HEALTH AND DRUG AND ALCOHOL SERVICES, IN THE
41 AMOUNT OF $56,000 (AB2001 -173)
42
43 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
44 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND CASCADE
45 VOCATIONAL - INDIVIDUAL EMPLOYMENT TO PROVIDE FUNDING FOR
46 PLACEMENT AND FOLLOW -UP SERVICES NECESSARY TO ASSIST
47 INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES TO OBTAIN AND
48 CONTINUE EMPLOYMENT FOR REMUNERATION IN COMMUNITY
Regular County Council Meeting, 5/29/2001, Page 4
1
EMPLOYMENT SETTINGS, IN THE AMENDED AMOUNT OF $7,500 FOR
2
A TOTAL AMENDED AMOUNT OF $80,233 (AB2001 -174)
3
4
7.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
5
AGREEMENT WITH LESLIE PETERSON TO PURCHASE THE SECOND OF
6
THREE FLOOD DAMAGED PROPERTIES UNDER THE HAZARD
7
MITIGATION GRANT FROM THE WASHINGTON STATE MILITARY
8
DEPARTMENT, IN THE AMOUNT OF $127,500 (AB2001 -175)
9
10
8.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
11
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM COUNTY
12
AGRICULTURE PRESERVATION COMMITTEE TO SUPPORT FUNDING
13
THE WRIA WATERSHED MANAGEMENT PROJECT —
14
AGRICULTURE/ DIKING DRAINAGE DISTRICTS CAUCUSES, IN THE
15
AMOUNT OF $18,560 (AB2001 -176)
16
17
Brenner questioned the reason for Councilmember Dawson's concern in
18
committee.
19
20
Dawson stated she objected to the total amount of money being given for
21
this
use.
22
23
Motion to approve carried 5 -1 with Dawson opposed.
24
25
9.
RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NOS. 994010
26
AND 998021 AND THE AWARD OF CONTRACT FOR THE MAINTENANCE
27
REPAIRS AND PAINTING OF THE LUMMI ISLAND AND GOOSEBERRY
28
POINT FERRY DOCKS TO THE LOWEST RESPONSIVE BIDDER, BOSS
29
CONSTRUCTION, INC., IN THE AMOUNT OF $550,128.04 (AB2001-
30
177)
31
32
10.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
33
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND ST.
34
JOSEPH HOSPITAL TO PROVIDE SUBSTANCE ABUSE CRISIS
35
INTERVENTION SERVICES IN THE CONTRACT AMOUNT OF $82,656
36
(AB2001 -178)
37
38
11.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
39
CONTRACT AMENDMENT OF AN INTERLOCAL AGREEMENT BETWEEN
40
WHATCOM COUNTY AND THE CITY OF BELLINGHAM TO EXTEND THE
41
EXPIRATION DATE TO DECEMBER 31, 2001 (AB2001 -179)
42
43
12.
RESOLUTION TO CREATE MONEY PURCHASE PLAN AND TRUST
44
ADOPTION AGREEMENT FOR THE WHATCOM COUNTY SUPPLEMENTAL
45
RETIREMENT PLAN (AB2001 -180)
46
47
13.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
48
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE STATE
49
DEPARTMENT OF SOCIAL & HEALTH SERVICES, DIVISION OF
Regular County Council Meeting, 5/29/2001, Page 5
1 ALCOHOL AND SUBSTANCE ABUSE (DASA) HIDTA GRANT, FOR DRUG
2 COURT FUNDING, IN THE GRANT AMOUNT OF $100,000 (AB2001-
3 181)
4
5
6 OTHER ITEMS
7
8 1. MEMORANDUM OF AGREEMENT BETWEEN THE NORTHWEST AIR
9 POLLUTION AUTHORITY (NWAPA) AND WHATCOM, SKAGIT, AND
10 ISLAND COUNTIES FOR OUTDOOR FIRE PERMIT WARDEN (AB2001-
11 164A)
12
13 Imhof reported for the Finance and Administrative Services Committee and
14 stated information on the County's options will come forward at a future meeting.
15 The committee voted approval of the agreement on a 2 -1 vote. He moved approval
16 of the agreement.
17
18 Hoag stated she supported the motion. She questioned whether the
19 discussion of the options could be scheduled for the Public Works Committee.
20
21 Brenner agreed to schedule the discussion in the Public Works Committee.
22 She didn't support the agreement. It will be a nightmare if the County begins to
23 require permits for residential fires that are small. If this 4 -foot by 4 -foot by 3 -foot
24 fire is too big, then the size of the fire allowed should be reduced. It doesn't matter
25 if there is a small fire in a non -urban area of the county. She questioned who wrote
26 the information on packet pages ten through 12. It is very prejudiced and not very
27 professional.
28
29 Warner Webb, 5280 Northwest Drive, Fire Marshall's Office, stated he wrote
30 that information. It is a rough draft that looks for the options. He pulled that
31 information back so the administration can look for other options to cut costs.
32
33 Brenner asked who put together options one and two. Webb stated he put
34 those options together.
35
36 Brenner stated option two is incorrect. Whatcom County pays money to the
37 Northwest Air Pollution Authority (NWAPA) to educate people on and enforce open
38 burning. That should not be Whatcom County's job to do. Webb stated that is why
39 that item is listed as a con. If Whatcom County has to take the time to do that, it
40 takes staff time.
41
42 Brenner stated option two would not require Whatcom County to do
43 education. The person hired by the County would not have to be a fulltime person.
44 Webb stated that if NWAPA is paying the County to do it, then the County would
45 have to take on a portion of that education component.
46
47 Imhof suggested that the Council wait until the other options are developed
48 before having this discussion. These concerns are why this issue didn't go forward
49 in committee.
Regular County Council Meeting, 5/29/2001, Page 6
1
2 Webb stated that the County is required to issue permits for all open
3 burning, even the small fires, according to the Washington Administrative Code
4 (WAC). The County is currently setting up a telephonic system for permitting.
5 Getting a permit will only cost a telephone call. There is no fee or paperwork.
6
7 Brenner stated the County needs to do heavy lobbying to not have to permit
8 small fires in non -urban residential areas.
9
10 Hoag stated this discussion is what she would like to see in the Public Works
11 Committee. This agreement only says that, since the state Department of Natural
12 Resources is pulling back in its permitting, Whatcom County is willing to take over
13 those functions so it doesn't end up with a general rule burn.
14
15 Crawford stated the fire districts should take care of this. Let the fire
16 districts begin doing the area - specific management that they are best at doing.
17 The County has 18 fire districts. There is a lot of fire equipment and volunteer
18 personnel. The County could assist with the permitting administration without
19 committing over $40,000. The fire districts want involvement in a lot of things,
20 including emergency medical services (EMS). He is willing to give the districts that
21 involvement. Along with that involvement comes direct management
22 responsibilities for their particular geographic area when it comes to outdoor
23 burning.
24
25 Nelson asked if there was consideration of that option. Webb stated they
26 didn't look at the fire districts. Councilmember Imhof has a lot of history with that
27 issue because he was on the NWAPA board. The state took a stance and gave
28 jurisdiction to the local fire marshal's office because the County would end up with
29 18 different interpretations on what is allowed to burn. Many of the districts are
30 not even staffed to take on the education function.
31
32 Hoag stated the agreement doesn't prevent the County from enlisting the fire
33 districts. The agreement just says that the County will come up with the program.
34 Mr. Webb's office has done an excellent job of educating the public. The number of
35 complaints that NWAPA has gotten on fires has gone way down because they are
36 interacting with these people, issuing permits, and inspecting the fires. They are
37 also advising 911 and dispatch that there is a permitted fire in an area in case
38 anyone calls. The program here is working well. The Fire Marshall deserves a lot of
39 credit.
40
41 Brenner stated the County is very lucky to have Mr. Webb as the fire
42 marshal. She agreed with Councilmember Crawford. The Council should not
43 approve this until they know what the program will be. She would rather have the
44 18 fire districts than Mr. Webb try to do it all. Right now, the County allows those
45 18 fire districts to save peoples' lives. The County has to give the districts some
46 kind of confidence and respect that they would do a good job on this. She wanted
47 to hold this item until the options are in place. Webb stated this memorandum of
48 agreement doesn't prevent the County from passing the work to the fire districts.
49
Regular County Council Meeting, 5/29/2001, Page 7
1 Brenner questioned the reason for doing this. Webb stated the NWAPA board
2 needs to make some decisions and know if the County is willing to put a program
3 together. There is a deadline.
4
5 Nelson restated the motion to support the memorandum of agreement.
6
7 Motion carried 5 -1 with Crawford opposed.
8
9 Nelson stated the options would be scheduled for the Public Works
10 Committee.
11
12 2. RESOLUTION DISSOLVING THE CITIZENS PROPERTY REVIEW
13 COMMITTEE (AB2001 -167)
14
15 Imhof moved approval.
16
17 Motion carried unanimously.
18
19 3. ORDINANCE AMENDING WHATCOM COUNTY CODE 1.12, COUNCIL
20 DISTRICT BOUNDARIES (AB2001 -045A)
21
22 See "Announcements."
23
24 4. EMERGENCY ORDINANCE TEMPORARILY AMENDING THE ADULT
25 BUSINESS PROVISIONS OF THE WHATCOM COUNTY COMPREHENSIVE
26 PLAN AND THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE
27 (TITLE 20) AND DECLARING AN EMERGENCY (AB2001 -182)
28
29 Imhof questioned why this is an emergency.
30
31 Matt Aamot, Senior Planner, stated this has been reviewed by the County
32 attorney. The attorney believes that the County should shorten its timeframes for
33 processing these types of permits, and also make the approval criteria more
34 objective.
35
36 Imhof questioned why it is categorized as an emergency, and if the
37 emergency is to deal with potential litigation. Aamot stated it is. If someone
38 applies, the County would have criteria in place that would stand up under court
39 challenge.
40
41 Imhof moved to adopt the ordinance.
42
43 Brenner stated she didn't see anything in the ordinance that makes it more
44 lenient. Making it objective or administrative is one thing, but they've not changed
45 any of the criteria that an applicant must meet to obtain a permit. Aamot stated
46 that the locational criteria have not been weakened. The use can only be in a light
47 impact industrial zone and not within 1,000 feet of a school, church, library, park,
48 residential zone, and so forth. The approval criteria would be changed. The
49 conditional use right now has standards such as not adversely impacting the
Regular County Council Meeting, 5/29/2001, Page 8
1 character of the community. The court cases suggest that similar language is too
2 vague.
3
4 Brenner stated the Council's action is to prevent the criteria from being
5 subjective and vague, but it is not changing any of the specific locational criteria.
6 Aamot stated that is correct. They did add some items, such as a closure period
7 when there is live entertainment and lighting requirements. There are some things
8 that are more restrictive than the way it is now.
9
10 Nelson stated they are dealing with this because of potential litigation. He
11 questioned whether this is an emergency in regards to what is required for an
12 emergency ordinance.
13
14 Dave Grant, Senior Civil Deputy Prosecutor, stated that if the fiscal welfare of
15 the county is in jeopardy, than this is an emergency. The condition of "general
16 welfare" incorporates the financial responsibilities of the County.
17
18 Hoag questioned the specific criteria for meeting the emergency threshold.
19 There are three conditions. Currently, the use is a conditional use and the public
20 has the ability to speak to the issue at a hearing. The emergency ordinance would
21 change the process to an administrative approval process, and the public would be
22 able to write a letter if they were notified because of their proximity to the
23 proposed use. The public would have to pay to appeal the application if they
24 wanted to have a public hearing. Aamot stated that is correct. There is no public
25 hearing in the administrative approval process. Someone would submit a proposal,
26 notice would go out to people owning property within 300 feet, property would be
27 posted, and people could submit written comments. Someone could appeal the
28 application directly to the Council.
29
30 Hoag questioned whether a person could be impacted by the siting of an
31 adult business if the property is farther away than 300 feet.
32
33 Nelson stated that is subjective.
34
35 Hoag stated she was asking for an opinion.
36
37 Nelson stated staff doesn't need to answer that. That is the Council's
38 discretion.
39
40 Hoag stated her opinion was that a person more than 300 feet away from a
41 proposed use could be affected.
42
43 Imhof stated that is her opinion.
44
45 Nelson stated it is not fair to put staff in that position.
46
47 Hoag stated she wanted the staff's professional opinion as a planner and to
48 know if the County could extend the number of feet that the notification could go to
49 if the impacts extend beyond 300 feet. She questioned whether the Council could
Regular County Council Meeting, 5/29/2001, Page 9
1 extend the distance for notification in this document. Aamot stated the Council
2 could extend the notice. The only time that has been done is with the surface
3 mining administrative approval. That could easily be done on Council packet page
4 140, Whatcom County Code (WCC) section 20.84.235(1)(c).
5
6 Hoag questioned whether that section of the code applies to all
7 administrative approval uses. Aamot stated that it does apply to all administrative
8 approval uses.
9
10 Hoag stated that the extension of the distance for surface mining is not in
11 this section. She questioned whether the Council could extend the distance for
12 adult businesses in a different section of the code. Aamot stated the Council could
13 make the change to Whatcom County Code (WCC) 20.66.131, which is the
14 provision for the light impact industrial zone that allows the adult business use.
15
16 Brenner questioned what people Councilmember Hoag is talking about. This
17 is light industrial zone. There are no houses within 1,000 feet. The existing
18 language says that the adult business cannot be within 1,000 feet of any residential
19 or rural zoning district.
20
21 Imhof stated there might be preexisting houses inside those light impact
22 districts.
23
24 Hoag stated that even if there are businesses there, the business owners
25 would want to know.
26
27 Brenner stated she didn't mind the notification being 1,000 feet.
28
29 Hoag stated there were suggestions provided by the City of Blaine Director of
30 Public Safety and the County Health Officer. She didn't see those suggestions in
31 the proposed ordinance. Aamot stated the County Code regulates the conduct
32 within these businesses in chapter nine. Those suggestions may be more
33 appropriate in that section. They could include the suggestion for having a five -foot
34 aisle in this ordinance.
35
36 (Clerk's Note: End of tape one, side A.)
37
38 Grant stated County Charter section 2.40 says that an ordinance necessary
39 for the immediate preservation of the public peace, health, or safety, or the support
40 of the County government and its existing institutions may be passed by a two -
41 thirds vote. The emergency aspect of this can be found in the need that this
42 County has to create an adult entertainment ordinance that would past
43 constitutional muster. The existing ordinance is subject to invalidity and would not
44 offer the protection that it was intended to offer the citizens of Whatcom County. If
45 the Council adopts this proposal, then the County will have a constitutionally
46 defensible ordinance that would incorporate much, if not all, of the previous siting
47 criteria in addition to more activity - related restrictions to offer protection to the
48 public, which may not now exist. That is the reason it could be perceived as an
49 emergency. Because the County is dealing ultimately with a Comprehensive Plan
Regular County Council Meeting, 5/29/2001, Page 10
amendment, they have the batching and concurrency review requirements of the
Growth Management Act. It is imperative to get this underway and considered as
an emergency so the County can incorporate the item into the existing stream of
Comprehensive Plan amendments. He encouraged the Council to find that an
emergency exists for those reasons. He suggested that it is not out of line to say
that keeping a close guard over the purse strings of the County is a laudable
objective as well. The County Executive mentioned to him that the Council may
want to incorporate an amendment to require published notification. He didn't see
any reason why the County could not require a published notification in a timely
fashion, in addition to mailed notices to the neighborhood.
Hoag questioned whether administrative approval applications currently have
to be published. Aamot stated they do not. Currently, the notifications are only
mailed and posted on the property.
Brenner stated that if the County was to be challenged, and the ordinance
was to be found unconstitutional, the current ordinance would not be in effect.
There are plenty of health and safety issues dealing with adult establishments.
There are strict regulations in place. This ordinance almost directly deals with
protecting public health and safety because the County doesn't want to lose the
restrictions they've put in place. This very directly has to do with public health and
safety. Grant stated that is a good observation.
Hoag moved to amend Council packet page 139, WCC 20.66.131, to add
subsection five, "(5) Planning and Development Services shall send a notice of the
proposal to all owners of property within 1,000 feet of the external boundaries of
the subject property at least 15 days prior to the decision date. Public notice shall
be published in the newspaper of record."
Motion carried unanimously.
Aamot questioned when the staff should publish the notification. The staff
has an overall time limit of 20 days. It will take them a couple of days to get it into
the newspaper.
Hoag stated there isn't a time limit on publishing the public notice. It should
occur prior to the decision.
Grant suggested that there be a time limit for publishing the public notice.
Hoag moved to amend the previous amendment to WCC 20.66.131,
"(5) ... Public notice shall be published in the newspaper of record at least 5 days
prior to the decision."
Motion carried unanimously.
Hoag moved to amend the new section 20.66.131(5), "...prior to the decision.
This is in addition to the requirement of 20.84.235(2)."
Regular County Council Meeting, 5/29/2001, Page 11
1 Motion carried unanimously.
2
3 Hoag moved to amend Council packet page 141, WCC 20.84.235(7)(d), "(iii)
4 Aisles outside viewing booths shall be a minimum of five feet wide." That would be
5 consistent with the recommendation of the Blaine Safety Officer.
6
7 Motion carried unanimously.
8
9 Hoag moved amend Council packet page 141, WCC 20.84.235(7)(d), "For
10 adult businesses containing one ore more viewing booths ... shall require an
11 unannounced inspection every six months...."
12
13 Nelson questioned whether the Planning Department does these inspections.
14 Aamot stated he would be happy if the Health Department did the inspection. The
15 Planning Department does not have this inspection process right now.
16
17 Nelson questioned where the language came from. Aamot stated it is the
18 proposal of the Planning Department to make sure there is ongoing compliance.
19
20 Pete Kremen, County Executive, stated the administration supports the
21 amendment by Councilmember Hoag. He suggested adding the words "during
22 business hours" to Councilmember Hoag's amendment.
23
24 Hoag accepted the suggestion as a friendly amendment.
25
26 Nelson questioned whether the administration preferred the Planning
27 Department or the Health Department to do the inspection. Kremen stated the
28 administration could have the latitude, as long as the inspection is conducted.
29
30 Hoag accepted the suggestion as a friendly amendment. She restated her
31 motion to change the wording on Council packet page 141, WCC 20.84.235(7)(d),
32 "For adult businesses containing one ore more viewing booths ... shall require an
33 unannounced inspection every six months during business hours by planning ar'd
34 development seFvi Whatcom County to ensure that measures (d)(i) afnd through
35 (d)(iii) above are..."
36
37 Motion carried unanimously.
38
39 Motion to adopt the ordinance as amended carried 5 -1 with Hoag opposed.
40
41 Hoag stated the use should be a conditional use.
42
43 S. RESOLUTION INITIATING AN EMERGENCY COMPREHENSIVE PLAN
44 AMENDMENT RELATING TO ADULT BUSINESSES (AB2001 -182A)
45
46 Imhof moved approval.
47
48 Hoag questioned the difference between this item and the previous item.
49
Regular County Council Meeting, 5/29/2001, Page 12
1 Crawford stated this is to get it in the Comprehensive Plan.
2
3 Motion carried 5 -1 with Hoag opposed.
4
5 6. REQUEST CONFIRMATION FOR THE EXECUTIVE TO APPOINT MR. JAY
6 CLEMENTS TO THE BELLINGHAM - WHATCOM COUNTY COMMISSION
7 AGAINST DOMESTIC VIOLENCE TO FILL THE UNEXPIRED MAJOR
8 EMPLOYER REPRESENTATIVE VACANCY CREATED BY THE
9 RESIGNATION OF GARY GOODMAN (AB2001 -183)
10
11 Hoag moved approval.
12
13 Motion carried unanimously.
14
15 7. REQUEST CONFIRMATION FOR THE EXECUTIVE TO APPOINT
16 KIMBERLY CUNNINGHAM TO HER FIRST FULL TERM ON THE PUBLIC
17 HEALTH ADVISORY BOARD (AB2001 -184)
18
19 Brenner moved approval.
20
21 Motion carried unanimously.
22
23 8. REQUEST CONFIRMATION FOR THE EXECUTIVE TO APPOINT THE
24 INITIAL ELEVEN MEMBERS OF THE BICYCLE/ PEDESTRIAN ADVISORY
25 COMMITTEE AS FOLLOWS: ELLEN BARTON, ED CALDWELL, DAVID J.
26 CUNNINGHAM, DAVID DETERMAN, CATHERINE HERRING, JULIANN
27 IRISH, PATRICK MADSEN, MARK PETERSON, LORI RIGGLEMAN,
28 RICHARD STURGILL, AND SCOTT THOMPSON (AB2001 -185)
29
30 Dawson moved approval.
31
32 Motion carried unanimously.
33
34 9. REQUEST CONFIRMATION FOR THE EXECUTIVE TO APPOINT ROB
35 DHALIWAL TO FILL THE UNEXPIRED TERM LEFT VACANT BY THE
36 RESIGNATION OF MARTY MABERRY ON THE AGRICULTURAL
37 ADVISORY COMMITTEE (AB2001 -186)
38
39 Hoag moved approval.
40
41 Motion carried unanimously.
42
43
44 INTRODUCTION ITEMS
45
46 Dawson moved to accept the Introduction Items.
47
48 Motion carried unanimously.
49
Regular County Council Meeting, 5/29/2001, Page 13
1 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.03, BOARDS AND
2 COMMISSIONS, TO CLARIFY TERM LENGTHS AND CREATE UNIFORM
3 TERM ENDING DATES (AB2001 -155)
4
5 2. RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S DECISION ON
6 VAR2001- 00003, FILED BY DEBORRA GARRETT FOR JOHN AND
7 DORIE MICHAELSON, REGARDING A REQUEST FOR A ZONING
8 VARIANCE (AB2001 -166)
9
10 3. ORDINANCE ESTABLISHING A NEW FUND DEDICATED TO INMATE
11 TRUST FUND ACCOUNTING (AB2001 -187)
12
13 4. ORDINANCE ESTABLISHING A NEW FUND DEDICATED TO THE
14 WHATCOM COUNTY SUPPLEMENTAL RETIREMENT PLAN (AB2001-
15 188)
16
17
18 OTHER BUSINESS
19
20 Dawson moved to rescind the previous action taken on May 15, 2001
21 regarding the ordinance amending the Official Whatcom County Zoning
22 Ordinance, Title 20, to include the Lake Samish watershed under chapter
23 20.71 - Water Resource Protection Overlay District, designating the Lake
24 Samish watershed as a water resource special management area under
25 section 20.80.730, and amending section 20.80.634 - Stormwater Special
26 Districts (AB2001 -115).
27
28 Motion carried unanimously.
29
30 Dawson moved to adopt the ordinance.
31
32 Dawson moved to amend Whatcom County Code (WCC) 20.71.302(4), "(4)
33 For parcels where the applicable formulas in subsections .302(1), .302(2) or
34 .302(3) would not allow a 3,000 square foot impervious surface area, 3,000 square
35 feet of impervious surface shall be allowed."
36
37 Brenner stated that doesn't clarify the language. It changes the language
38 that is already there. Even if that is the intent, it still changes what the current
39 language is.
40
41 Sylvia Goodwin, Planning Division Manager, stated that if the Council
42 rescinds and readopts the ordinance, it doesn't matter whether the ordinance is
43 changed or clarified, as long as it is rescinded and readopted by motion.
44
45 Hoag questioned whether it matters if the change is substantial. Goodwin
46 stated that as long as the change is still within the scope of what was advertised
47 and considered, it is not substantial.
48
Regular County Council Meeting, 5/29/2001, Page 14
1 Hoag stated she felt badly that the Council did not go with the 80 percent
2 compromise in the ordinance that the Council adopted. Many of the people who
3 testified mentioned they thought the committee's will was the 80 percent
4 requirement, but the Council kept the 90 percent requirement. She questioned
5 whether that is a proposal she could bring forward at this time. She questioned
6 whether there is support among the Ccuncilmembers to make that change.
7
8 Nelson stated he was only looking at the change moved by Councilmember
9 Dawson.
10
11 Brenner stated that if they are going to talk about what more accurately
12 reflected the committee's recommendation, then the Council should just go with
13 what the committee recommended. If they are going to open it back up, they
14 should open up the whole issue of the percentage.
15
16 Hoag stated the testimony during the hearing was that there were members
17 of the advisory committee absent during their final vote, and if the full committee
18 had been there, the full committee would have recommended 80 percent.
19
20 Brenner stated the proposed amendment is still better and more flexible for
21 the property owners.
22
23 Hoag stated the Council really didn't want anyone to have less than 3,000
24 square feet. However, on a 12,000 square foot lot in Rural Residential zoning, the
25 approved wording only allowed 2,400 square feet, regardless of how steep the lot
26 is. This language is just to clarify that no lot should have to have less than 3,000
27 square feet.
28
29 Goodwin stated that the reason the error occurred is because the original
30 ordinance recommended by the Planning Commission specified seventy percent.
31 When the Council changed the percentage allowed, it didn't catch the 10,000
32 square feet. This is really just a scrivener's error because the entire Council
33 discussion was that the property owners would be allowed 3,000 square feet. The
34 language just did not get changed.
35
36 Dave Grant, Senior Civil Deputy Prosecutor, stated a substantive change
37 would require a hearing. Now, the Council is making a correction in a formula
38 which inaccurately reflects the legislative intent of the ordinance that was
39 approved. In contrast, the Council could not legitimately take action to alter the
40 percentage approved at the previous meeting.
41
42 Crawford stated he would not approve the motion for the same reasons he
43 did not approve the ordinance two weeks ago.
44
45 Motion to amend carried 5 -1 with Crawford opposed.
46
47 Hoag questioned whether the Council could reconsider the percentage
48 decision. Grant stated the Council could on the same night that the ordinance was
49 originally adopted, but not on another night.
Regular County Council Meeting, 5/29/2001, Page 15
1
2 Motion to adopt the ordinance as amended carried 5 -1 with Crawford
3 opposed.
4
5
6 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
7
8 Hoag reported that she attended the National Association of Counties (NACo)
9 conference. They dealt with energy, land use, and agricultural issues. It was very
10 beneficial. It was for the western interstate region. There were council members
11 and commissioners from many western states. It was helpful to talk with fellow
12 council members who were dealing with similar problems. Copies of the
13 information she obtained are available for all the councilmembers.
14
15 Brenner stated she would like to send a letter to NACo stating that it is
16 inappropriate to have conferences in Hawaii. It is less money to send a few people
17 from Hawaii to the mainland than to send a bunch of people from the mainland to
18 Hawaii.
19
20 Imhof stated the location rotates.
21
22 Brenner stated it doesn't make government look good.
23
24 Nelson stated he expressed that concern at the conference in Washington
25 D.C.
26
27 Hoag stated the councilmembers don't have a choice in where the
28 conferences are scheduled. The next one is in Montana.
29
30 Brenner stated the County Council has a choice to send a letter in protest.
31
32 Dawson stated Councilmember Hoag did a good job representing Whatcom
33 County. NACo is encouraging a letter, which will soon come forward, to be
34 approved regarding energy.
35
36 Nelson stated the County Council has the responsibility to be prudent with
37 the use of their resources available for travel. However, these NACo conferences
38 and Washington State Association of Counties (WSAC) conferences provide the
39 ability for Whatcom County to enhance its services. There are benefits for lobbying
40 and gathering information.
41
42 Brenner stated she was not concerned about Whatcom County having a
43 representative at the conference.
44
45 Brenner reported that the Cascadia workshop on Friday is regarding Growth
46 Management issues. It is scheduled from noon to 2 p.m. at the Port of Bellingham.
47 People from Holland will talk about ways to manage many people in small areas
48 without losing the feeling of community.
49
Regular County Council Meeting, 5/29/2001, Page 16
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Hoag reported that she told people at the NACo conference that the local
industry is being negatively affected by the high electrical prices. People from
many other states were surprised to hear that. They felt that, because Washington
State is regulated, it isn't affected. The other states are very willing to help
Washington State in this matter. People are willing to help.
Nelson reported that he appreciated the councilmembers who attended the
transportation summit last Friday.
Brenner reported that the Marine Resources Summit was last week. There
were many Canadian attendees who felt that Whatcom County has a better
opportunity to work with the development community on issues to protect marine
resources.
ADJOURN
The meeting adjourned at 8:24 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on June 12 , 2001.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Chair
Regular County Council Meeting, 5/29/2001, Page 17