HomeMy WebLinkAboutCommittee of the Whole March 7 20001
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WHATCOM COUNTY COUNCIL
Committee Of The Whole
March 7, 2000
The meeting was called to order at 6:15 p.m. by Council Chair Marlene
Dawson in the Council Committee Room, 311 Grand Avenue, Bellingham,
Washington.
Also Present:
Dan McShane
L. Ward Nelson
Connie Hoag
Barbara Brenner
Sam Crawford
Robert Imhof
OTHER BUSINESS
ADDENDUM:
Absent:
REQUEST FOR DIRECTION REGARDING APPEAL OF A GROWTH
MANAGEMENT HEARINGS BOARD DECISION (BIRCHWOOD
NEIGHBORHOOD ASSOCIATION VS. WHATCOM COUNTY)
Karen Frakes, Senior Civil Deputy Prosecutor, stated part of the discussion
needs to be held in executive session.
Crawford moved to go into executive session.
Motion carried unanimously.
(Clerk's Note: Committee came out of executive session at 6:16 p.m.)
Dawson stated the Council's understanding is that the property owners in the
Birchwood area would appeal the decision. The question is whether or not the
Council will support the citizens in that hearing.
Frakes questioned whether any of the councilmembers wanted any more
discussion about the difference between the Council piggybacking on their deal or
the Council instigating its own appeal. There is a difference between those two
options. The direction she needs is whether or not to appeal the decision, and
whether or not she needs to take an inactive or active role.
Brenner questioned why they are voting on this during Committee of the
Whole. It is not fair to the public.
Committee of the Whole, 3/7/2000, Page 1
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Hoag stated she believed committees could not take official Council action.
Dana Brown - Davis, Clerk of the Council, stated the Committee of the Whole
can take action because it is comprised of the entire Council.
McShane moved to go into executive session.
Motion carried unanimously.
(Clerk's Note: Committee came out of executive session at 6:21 p.m.)
Frakes stated that, based on the motion that will be made, it isn't really
taking any action.
Brenner stated they are committing money. Frakes stated they aren't, to the
same extent that they would if she filed an appeal. The code requires that, if a
lawsuit is going to be filed, the Council has to take action and decide whether that
will happen. When the Council gives legal counsel direction on how to act on
another's appeal, it isn't action.
Brenner disagreed because it is a money commitment.
Imhof moved to actively participate in the Garrett appeal.
Hoag objected to that because of all the time and effort that the City of
Bellingham and the neighborhoods spent coming up to an urban fringe plan for that
area. The plan limited commercial uses so that it would help to guarantee the
development of light industrial. The regulations that were adopted did not do that.
She agreed with the Growth Management Boards findings on this. She did not
think the Council should go against all the testimony they received, the
neighborhood, and the City of Bellingham.
Brenner agreed with Councilmember Hoag. The Growth Management Act
said they were supposed to deal with the general good, not just the good for a few
property owners. She assumed the Port of Bellingham would also object because
that is the main entrance to the airport. There is already office space and
manufacturing in the area. The intersection is already a messy one. Any more
development will further impede the free flow of traffic there. That is opposite of
what they said they wanted to do with growth management. She questioned how
they can call an area a light industrial area if there are no safeguards to ensure that
there will be any light industrial development. It could totally build out to
commercial uses.
McShane stated the councilmembers are hearing only what they want to
hear. He can't read the development regulations and find them even remotely
defensible. They don't carry out what the plan of the area says. There is an
emphasis on the city concurrency, which he feels strongly on, but it goes beyond
the concurrency issue of public process. It just doesn't match what the plan says.
Committee of the Whole, 3/7/2000, Page 2
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The motion carried 4 -3 with Hoag, Brenner, and McShane opposed.
1. DISCUSSION REGARDING CURRENT COLLECTIVE BARGAINING
NEGOTIATIONS (AB2000 -121)
Imhof moved to go into executive session to discuss this and the next item
until approximately 7:00 p.m.
Nelson left during this discussion.
2. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES
REGARDING PENDING LITIGATION (AB2000 -018)
ADJOURN
The meeting adjourned at approximately 7:00 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on April 18 , 2000.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Marlene Dawson, Council Chair
Committee of the Whole, 3/7/2000, Page 3