HomeMy WebLinkAboutCouncil August 12 1997WHATCOM COUNTY COUNCIL
Regular Council Meeting
August 12, 1997
The meeting was called to order at 7 p.m. by Council Chair Ward Nelson in the Council
Chambers, 311 Grand Avenue.
Also Present: Absent:
Marlene Dawson None
Barbara Brenner
Tom Brown
Alvin Starkenburg
Kathy Sutter
Robert Imhof
ANNOUNCEMENTS
Nelson announced that an appeal of the Hearing Examiner's decision on revision of
zoning conditional use permit (CUP89 -0002, filed by Joe Louie Water Association, A1397 -213)
was discussed in Council Committee of the Whole during executive session and Council
members were briefed by legal counsel.
Nelson moved to remand the Hearing Examiner's decision for further Findings and
determination on the water supply question.
Motion to remand carried unanimously.
He also announced that flood - proofing of Haxton Way (AB97 -280) comment will be
allowed during open session.
SPECIAL PRESENTATION
Mike Brennen, Bellingham/Whatcom County Chamber of Commerce, presented
information on the 1997 Ski to Sea Festival (AB97 -279)
Mr. Brennen gave an update on this year =s festival and spoke to the tourism potential
brought about by the increased TV coverage of the events. He thanked Council for its support,
along with the Sheriff =s department and Public Works staff, and presented the Council office
with a 1997 poster.
Nelson thanked all for their work.
OPEN SESSION
Regular Council Meeting, 8/12/97, Page 1
The following people addressed Council:
Jean Freestone, 3200 Vallette Street, Bullitt Foundation donations on environmental
issues
Glen Henderson, Chair, Water District #13, Kendall: Comprehensive Plan (AB96 -051)
David Redfox, 184 E. Kellogg Road #E4: Complimented Starkenburg, Brenner, Brown,
and Dawson for being good representatives of the people
Ginger Essex, 3716 Vining Street: Ethics ordinance (AB97 -187)
Gene Strandberg, 5627 East Road: Conditional Use Permit in the Bakerview spur area
(AB96 -051) Dan Gibson, Prosecuting Attorney =s Office, offered to explain the process to the
property owners.
Sid Worry, 1729 E. Smith Road: Bakerview spur area (AB96 -051)
Richard Gilda, Jensen Road: Ethics ordinance (AB97 -187)
David Taylor, 1792 E. Smith Road: Private water district request to remove a well in
order to subdivide property. Imhof offered to help him get through the process.
Patrick Alesse, 4825 Alderson Road, Birch Bay: Growth in Birch Bay area (AB96 -051)
Robin Dexter, 3726 Broad Street: Critical Areas Ordinance appendices (AB97 -226A)
Lynn Barten, 1280 W. Bakerview: TCI equipment. Dave Wareing, Executive =s Office,
offered to contact TCI about the upkeep. Brenner also suggested the committee be informed.
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee and moved approval
of items 1 through 15.
Motion carried unanimously.
REQUEST FOR APPROVAL TO AWARD BID FOR ANNUAL LIST OF
PAPER SUPPLIERS - VENDOR SELECTED WILL BE THE LOWEST
RESPONSIVE BIDDER AT THE TIME OF PURCHASE (AB97 -281)
2. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT WITH THE DEPARTMENT OF SUBSTANCE ABUSE AND
ALCOHOL SERVICES (DASA) FOR SUBSTANCE ABUSE TREATMENT
AND PREVENTION SERVICES FOR LOW INCOME AND INDIGENT
CLIENTS (AB97 -282)
3. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER IN AN
AGREEMENT WITH WHATCOM COUNSELING AND PSYCHIATRIC
CLINIC TO ESTABLISH AN ACTIVITY CENTER FOR MENTALLY ILL
ADULTS (AB97 -283)
4. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO AN
Regular Council Meeting, 8/12/97, Page 2
AGREEMENT WITH DSHS FOR PUBLIC HEALTH NURSING IN HOME
SERVICES TO FAMILIES WITH BABIES AND YOUNG CHILDREN AT
RISK (AB97 -284)
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE CITY OF BELLINGHAM FOR
HAZARDOUS WASTE AND YARD WASTE OPERATING COSTS (AB97 -
285)
6. RESOLUTION IN THE MATTER OF IMPROVEMENT OF E. AXTON ROAD
- HANNEGAN ROAD TO STARRY ROAD - FOR ADDITIONAL COUNTY
PARTICIPATORY FUNDS (AB97 -286)
7. RESOLUTION IN THE MATTER OF ESTABLISHMENT OF CRP 997001,
THE STRUCTURAL OVERLAY OF EVERSON - GOSHEN ROAD, AND
APPROVAL OF AWARD OF CONTRACT TO THE LOWEST RESPONSIVE
BIDDER, WILDER CONSTRUCTION INC. IN THE AMOUNT OF $698,790
(AB97 -287)
8. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO AN
AMENDMENT TO AN AGREEMENT WITH THE CAMP HORIZON
FOUNDATION FOR THE OPERATION OF BAY HORIZON PARK
(AB97 -288)
9. REQUEST APPROVAL TO INCREASE FTE LIMIT BY 0.4 FTE IN COUNTY
CLERK =S OFFICE (AB97 -289)
10. RESOLUTION AUTHORIZING THE DISBURSEMENT OF REVENUES TO
THE CITY OF LYNDEN FOR CERTAIN SALES TAXES INCORRECTLY
DISTRIBUTED TO THE COUNTY (AB97 -290)
11. RESOLUTION TO AMEND THE ADMINISTRATION =S CONTRACT
AUTHORITY AMOUNT FOR EMERGENCY FLOOD CONTROL WORK
AND FISHERY HABITAT ENHANCEMENT PROJECT ALONG THE
BANKS OF THE NOOKSACK RIVER (AB97 -291)
12. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT WITH HIZZONER =S RESTAURANT IN THE CIVIC CENTER
BUILDING (AB97 -292)
13. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING ON
THE SALE OF TAX TITLE PROPERTY, BY AUCTION, REQ. #97 -2 (AB97 -
293)
Regular Council Meeting, 8/12/97, Page 3
14. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING ON
THE SALE OF TAX TITLE PROPERTY, BY NEGOTIATION, REQ. #97 -3
(AB97 -294)
15. REQUEST AUTHORIZATION TO ENTER INTO AN AMENDMENT TO THE
PROFESSIONAL SERVICES CONTRACT WITH OWENS, DAVIES, AND
MACKIE FOR LEGAL SERVICES PROVIDED TO BRING THE COUNTY
INTO COMPLIANCE WITH THE GROWTH MANAGEMENT ACT (AB97 -
145A)
PUBLIC HEARING
ORDINANCE ADOPTING A PERMANENT WHATCOM COUNTY CODE
CHAPTER 16.16, CRITICAL AREAS, TO COMPLY WITH THE
WASHINGTON STATE GROWTH MANAGEMENT ACT (AB97 -226A)
Jeff Griffin, Planning and Development Services, gave a staff report.
(Clerks Note: Tape 1, side B)
Roland Middleton, Land Use Division, also gave a brief report.
Nelson opened the public hearing, and the following people spoke:
Roger Almskaar, Land Use Consultant, 1401 Astor Street
Richard Gilda, 2727 Jensen Road
Skip Richards, PO Box 4150
Geoff Menzies, 988 W. Laurel
Emily Weaver
D.A. Strickland, 7105 River Road, Ferndale
Hearing no one else, Nelson closed the public hearing.
Nelson moved to keep the written record open for two weeks (August 26). Also, the
record is to include all documentation that pertains from the original Critical Areas Ordinance.
Motion carried unanimously.
Nelson moved to put this into Planning and Development Committee on September 9 to
allow sufficient time for public comment and Council review of the appendices.
There was consensus.
Regular Council Meeting, 8/12/97, Page 4
There was brief discussion on a possible work session, but it was decided to first discuss
this in committee.
2. ORDINANCE ALLOWING FOR A BIENNIAL (TWO YEAR BUDGET) AS
RECOMMENDED FOR LONG TERM STRATEGIC PLANNING (AB97 -268)
Pete Kremen, Executive =s Office, explained the history of this proposal. Shirley Forslof,
Auditor, commented.
Nelson opened the public hearing, and no one spoke.
Nelson closed the public hearing.
Imhof moved to adopt the ordinance.
Motion to adopt carried unanimously.
ORDINANCE, TITLE 20, BY CREATING A NEW ZONE DISTRICT, URBAN
RESIDENTIAL - MIXED (UR -MX) (AB97 -269)
Carl Batchelor, Planning and Development Services, Planning, gave a staff report which
included items 3, 4 and 5.
(Clerks Note: Tape 2, side A)
Nelson opened the public hearing, and the following people spoke:
Greg Aucutt, city of Bellingham Planning Department
Roger Almskaar, 1401 Astor
Bill Geyer, 1008 -16th Street
Mary Petty, Mt. Baker Highway at Noon Road
Hearing no one else, Nelson closed the public hearing.
Imhof moved to hold this item to the next Council meeting (September 9) with the
written record left open for two weeks (August 26).
There was consensus.
4. ORDINANCE ADOPTING THE URBAN FRINGE SUBAREA ZONING MAP
UPDATE (AB97 -273)
Regular Council Meeting, 8/12/97, Page 5
Nelson opened the public hearing, and the following people spoke:
Kay Campbell, 2870 E. Bakerview Road
Mark Lee, Langabeer, Tull, & Cuillier, 1616 Cornwall Avenue #209
David Williams, Fire District #4, 2183 Alpine Way
Robin Hitz, 4243 Hannegan Road
Bill Geyer, 1008 -16th Street
(Clerks Note: Tape 2, side B)
Roger Ellingson, PO Box 1258, Blaine
Jack Swanson, 1200 Harris Avenue #307
Bob Ryan, Bellingham City Council
David Blair, 523 Everglade Road, speaking on behalf of Dean Foods
Mark Lee, representing the Garretts on Bakerview
(Clerks Note: A brief break was taken. Tape 3, side A)
Hearing no one else, Nelson closed the public hearing.
There was discussion.
Imhof moved to hold the written record open for two weeks (August 26) and hold in
Planning and Development Committee to the next meeting (September 9).
There was consensus.
5. ORDINANCE ADOPTING THE URBAN FRINGE SUBAREA PLAN LAND
USE ELEMENT (AB97 -273A)
Nelson opened the public hearing, and the following people spoke:
Donna Macomber, 159 Larson Road
Bill Geyer, 1008 -16th Street
Hearing no one else, Nelson closed the public hearing.
Imhof moved to hold the written record open for two weeks (August 26) and hold in
committee to the next meeting (September 9).
There was consensus.
6. INTERIM ORDINANCE 97 -032 WHICH AMEND CHAPTER 16.16 OF THE
Regular Council Meeting, 8/12/97, Page 6
WHATCOM COUNTY CODE, CRITICAL AREAS, TO COMPLY WITH THE
WASHINGTON STATE GROWTH MANAGEMENT ACT (AB97 -226) (THIS
ORDINANCE WAS ADOPTED JULY], 199 7)
Nelson opened the public hearing, and no one spoke.
Nelson closed the public hearing.
OTHER ITEMS
ORDINANCE AMENDING THE 1997 BUDGET, REQUEST #8 (AB97 -270)
Imhof reported for Finance and Administrative Services Committee and moved to adopt.
There was discussion on the motion. Topics discussed included: in -house vs outside
counsel on growth management; counsel should strategize regarding timeframe of growth
management; additional information/changes regarding growth management; additional monies
expended; the amount of documentation to present to the Growth Management Hearings Board
for the December 1997 hearing; and the length of the various phases.
In responding to a concern regarding conjoining the various appellants in just using the
court system on the Comprehensive Plan appeal, Gibson stated he felt that given how the
litigation has been going, one side or another will be seeking review at some court level. He also
felt it Amade perfect sense- at this stage to seek review in Superior Court. However, all parties
must agree to this. Using this process would save all time and money. He further stated that no
communication with the other parties has been made regarding this particular issue at this time.
There was further discussion regarding County staff vs outside counsel; the Growth
Management Hearings Board (GMHB); monies expended; the legality of the actions of the
GMHB; and joining other counties= cases for rulings on these Comprehensive Plan issues.
Gibson commented further on these items.
Nelson requested the Prosecutor's Office to seek concurrence with all parties to the
appeal to go directly to Superior Court.
There was consensus.
Motion to adopt carried 6 -1 with Brenner opposed.
2. ORDINANCE AMENDING THE 1997 BUDGET, REQUEST #9 (AB97 -271)
Imhof reported for Finance and Administrative Services Committee and moved to amend
from six (6) to three (3) correction officers and one (1) lieutenant. The revised costs are:
Regular Council Meeting, 8/12/97, Page 7
Lieutenant for 4 months (Sept. -Dec.) $20,292.00
(3) corrections officers for 9 months (start October 1) 32,088.00
Extra help (acting chief of corrections) 31,470.00
TOTAL $83,850.00
There was discussion on the motion.
Motion carried 4 -3 with Imhof, Brown and Starkenburg opposed.
3. RESOLUTION AUTHORIZING APPLICATION FOR HAZARD
MITIGATION GRANT FUNDING TO FLOOD -PROOF HAXTON WAY
(AB97 -280)
Imhof reported for Finance and Administrative Services Committee and moved approval.
Motion carried unanimously.
4. APPROVAL OF THE NORTH SOUND REGIONAL SUPPORT NETWORK
INTERLOCAL AGREEMENT (AB96 -428)
Imhof reported for Finance and Administrative Services Committee and moved approval.
Motion carried unanimously.
5. ORDINANCE ESTABLISHING A CODE OF ETHICS REGARDING
CONTRACT INTERESTS FOR WHATCOM COUNTY ELECTED OFFICIALS
(AB97 -187)
This item was withdrawn.
6. ORDINANCE ESTABLISHING A CODE OF CONDUCT WITH
PROCEDURES FOR RESOLUTION OF ETHICS VIOLATIONS (AB97 -187D)
This item was withdrawn.
7. ORDINANCE ESTABLISHING A CODE OF ETHICS FOR WHATCOM
COUNTY ELECTED PUBLIC OFFICIALS (AB97 -187E)
Brenner reported for Public Works and Capital Projects Committee and moved to adopt
the amended version from committee.
There was discussion on the motion.
Regular Council Meeting, 8/12/97, Page 8
Dawson moved to omit the sections that address an ethics commission, which are 9, 10
and 11, packet pages 294 -295. She further moved to add the following language in place of 12,
packet page 295:
AReview and enforcement will be made after submittal of a report and a response
produced within twenty (20) days has been made to the Prosecutor =s Office. A
penalty will be levied by the Council Chair and confirmed by a majority. of
Council.=
(Clerks Note: Tape 3, side B)
There was discussion on the motion. Pete Kremen, Executive =s Office, also commented.
Brenner moved to delete Section 7, Filing of Reports, packet page 292:
Brenner's motion carried unanimously.
Sutter moved to define the term Afamily =, packet page 290.
Discussion followed. Starkenburg moved to adopt the same language used by the Public
Disclosure Commission, which would be dependent family members.
room.
Starkenburg =s motion carried 4 -2 with Brown and Brenner opposed and Imhof out of the
There was further discussion.
Dawson retracted her amendment.
Motion to adopt the amended substitute ordinance carried unanimously.
CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER =S
DECISION ON REVISION OF ZONING CONDITIONAL USE PERMIT
(CUP89 -0002, FILED BY JOE LOUIE WATER ASSOCIATION, C/O FRANK
CHMELIK, ATTORNEY (AB97 -21)
See AAnnouncements =.
Regular Council Meeting, 8/12/97, Page 9
9. APPOINTMENT OF COUNCIL MEMBER TO SERVE AS
REPRESENTATIVE TO THE OPPORTUNITY COUNCIL (AB97 -020A)
Imhof asked for volunteers. He suggested Chuck Benjamin or someone else from the
Health Department. There were no volunteers.
INTRODUCTION ITEMS
Imhof moved to accept the introduction items.
Motion carried unanimously.
RESOLUTION AUTHORIZING THE SALE OF TAX TITLE PROPERTY BY
AUCTION, REQ. #97 -2 (AB97 -293A) (HEARING TO BE SCHEDULED)
2. RESOLUTION AUTHORIZING THE SALE OF TAX TITLE PROPERTY BY
NEGOTIATION, REQ. #97 -3 (AB97 -294A) (HEARING TO BE SCHEDULED)
3. RESOLUTION IN THE MATTER OF MODIFYING THE CURRENT
WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT FUNDING
MECHANISM PERTAINING TO DEPARTMENT OF NATURAL
RESOURCES DESIGNATED FOREST LANDS (AB97 -295) (HEARING TO BE
SCHEDULED)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Washington State Association of Counties (AB97 -001): Imhof stated he will be
bringing a list of items coming before this legislative steering committee for Council member =s
review and comment.
ADJOURN
The meeting was adjourned at 11:13 p.m.
Marina Mason, Recording Secretary
Regular Council Meeting, 8/12/97, Page 10
These minutes were approved by Council on 11997.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk L. Ward Nelson, Council Chair
Regular Council Meeting, 8/12/97, Page 11