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HomeMy WebLinkAboutCouncil July 1 1997WHATCOM COUNTY COUNCIL Regular Council Meeting July 1, 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 the Committee of the Whole met to discuss the Deputy Sheriffs Guild contract negotiations (AB97 -244) and pending litigation (AB97 -018). OPEN SESSION The following people addressed Council: George Boggs, 6975 Hannegan Road, Lynden: Conservation District (AB97 -233) William La Frenier, 641 Kelly Road: SR20 Management Plan (AB97 -137) Henry Cagey, Chairman, Lummi Nation: Interim zoning (AB97 -227) Don Fletcher, 881 Bennett Road: Six Year Road Program (AB97 -215). Nelson requested he speak at the public hearing on this issue. Bernice Brannon (sp ?), 4097 Putman Road, Sandy Point: Interim Zoning Ordinance (AB97 -227) Tony Idczak, 6300 Saxton Road, Acme, Whatcom County Parks Horticulturalist: Newspaper article from July 1 regarding Starkenburg Gail Pattenaude, Bellingham: Ethics ordinance (AB97 -187) Dawson requested Dan Gibson, Prosecuting Attorney =s Office, to respond to some of the issues in the newspaper (from July 1) regarding the cited cases in that article, which he stated are factually distinct from any situation described in said article. Brenner commented about the articles and wondered if this issue is state law. Gibson read from RCW 42.23.010, which is a declaration of purpose. Regular Council Minutes, 7/1/97, Page CONSENT AGENDA Imhof reported for Finance and Administrative Services Committee and moved approval of all items. Motion carried unanimously. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO AN AMENDMENT TO THE SOCCER COMMISSION AND BOYS AND GIRLS CLUB LEASE AGREEMENTS (AB97 -237) 2. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH ST. JOSEPH HOSPITAL RECOVERY CENTER FOR SUBSTANCE ABUSE SERVICES (AB97 -238) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH NORTHWEST YOUTH SERVICES FOR YOUTH DIVERSION SERVICES (AB97 -239) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH SEAMAR COUNSELING FOR SUBSTANCE ABUSE TREATMENT FOR LOW INCOME AND INDIGENT CITIZENS OF WHATCOM COUNTY (AB97 -240) 5. REQUEST COUNCIL RATIFICATION OF THE WASHINGTON STATE NURSE =S ASSOCIATION BARGAINING AGREEMENT FOR A THREE YEAR PERIOD BEGINNING JANUARY 1, 1997 (AB97 -241) 6. REQUEST COUNCIL RATIFICATION OF THE TEAMSTER CORRECTIONS OFFICERS & COOKS COLLECTIVE BARGAINING AGREEMENT FOR A THREE YEAR PERIOD BEGINNING JANUARY 1, 1997 (AB97 -242) PUBLIC HEARING ORDINANCE AMENDING WCC 8.13, SOLID WASTE DISPOSAL DISTRICT, AND ALLOWING FOR COLLECTION OF AN EXCISE TAX ON SOLID WASTE DISPOSAL SERVICES (AB97 -228) This item has been withdrawn. 2. RESOLUTION IN THE MATTER OF THE WHATCOM COUNTY COMPREHENSIVE SIX YEAR ROAD PROGRAM FOR THE YEARS 1998 Regular Council Minutes, 7/1/97, Page 2 THROUGH 2003 (AB97 -215) Jeff Monsen, Public Works Director, gave a staff report. The purpose of this program is to begin the process for adoption of the annual budget; lay the foundation for the priorities of work in future years, as well as maximize the ability to obtain federal and state grants and private local partner funds. Nelson opened the public hearing, and the following people spoke: Lee Hallak, Lake Whatcom Blvd. Roger Bourm, 1923 Lake Whatcom Blvd. David Fitts, 1685 West Badger Road, Custer Ariel Culjis (sp ?), 1900 block of Yew Street Road Donna Clark, 1041 Coronado Kay Zeals, 975 Grand Blvd. Villene Lansberry, 2255 Yew Street Road Don Fletcher, 881 Bennett Road Robert Grant, 1107 Austin Street (Clerks Note: Beginning tape 1, side B) Ross Wood, 2011 East Hemmi Road Chris Mensch (sp ?), 1896 Yew Street Road Margaret Loomis, 3110 South Bay Vista Jerry Hunter, 5531 Knight Road Richard Hoyer, 1969 Yew Street Road Hearing no one else, Nelson closed the public hearing. Discussion followed. Topics discussed included: Bellingham--s responsibility; steep curving; the adequacy of site distance; all- weather road; the Lake Whatcom Connector and Bellingham =s role; interlocal agreements; and arterials which will benefit the city. This item was held for a special work session on July 8 at 1 p.m. (Clerks Note: A ten - minute break was taken.) OTHER ITEMS ORDINANCE ESTABLISHING A CODE OF ETHICS REGARDING CONTRACT INTERESTS FOR COUNCIL MEMBERS (AB97 -187) Regular Council Minutes, 7/1/97, Page 3 Brenner reported for Public Works and Capital Projects Committee and stated this item was held in committee for two weeks (July 15); also, two amendments were made: incorporate RCW 42.52.070 and 42.52.080 into the ordinance and set up an ethics committee or board. 2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY SHORELINE MANAGEMENT PLAN, TITLE 23 (AB97 -225) Starkenburg reported for Planning and Development Committee and moved approval. Starkenburg moved to amend to include Attachment B in the ordinance at the bottom of packet page 243, line 40: A ... Attachments AA- and AB =.= Motion to amend carried unanimously. Motion to approval the ordinance as amended carried unanimously. 3. INTERIM ORDINANCE EXTENDING THE CRITICAL AREAS EMERGENCY ORDINANCE 97 -018 WHICH AMENDS CHAPTER 16.16 OF THE WHATCOM COUNTY CODE TO COMPLY WITH THE WASHINGTON STATE GROWTH MANAGEMENT ACT (AB97 -226) Starkenburg reported for Planning and Development Committee and moved approval. There was discussion on the motion. Motion carried 5 -2 with Brown and Sutter opposed. 4. ORDINANCE REPEALING THE INTERIM ZONING ORDINANCE, CHAPTER 2.24A AND ADOPTING TITLE 20 ZONING ON A SIX MONTH INTERIM BASIS FOR THOSE AREAS OTHERWISE REGULATED BY CHAPTER 2.24A INCLUDING THE LUMMI RESERVATION AND PRIVATE IN HOLDINGS WITHIN THE MT. BAKER, SNOQUALMIE NATIONAL FOREST (AB97 -227) Starkenburg reported for Planning and Development Committee and moved approval of the substitute ordinance (Alternate #1) per the memorandum of June 30, 1997 from Planning and Development Services. There was discussion on the motion, in particular the question of jurisdictional authority. Regular Council Minutes, 7/1/97, Page 4 Motion carried unanimously. 5. ORDINANCE MODIFYING ACCESSORY DWELLING SIZE AND USES AND ADDITIONALLY MODIFYING THE REQUIREMENTS FOR THE LAKE WHATCOM WATERSHED AND LUMMI ISLAND (AB97 -230) Starkenburg reported for Planning and Development Committee. This item was referred to the Planning Commission for its consideration and return to his committee. (Clerks Note: Beginning tape 2, side A) Gibson spoke to accessory dwelling size and uses. Discussion followed. Sylvia Goodwin, Manager, Planning and Development Services, also commented. 6. RESOLUTION APPROVING A BOUNDARY LINE ADJUSTMENT OF THE CITY OF FERNDALE =S CORPORATE BOUNDARIES TO INCLUDE TWO ENTIRE PARCELS WITHIN THE INCORPORATED LIMITS OF THE CITY OF FERNDALE (AB97 -159) Starkenburg reported for Planning and Development Committee and moved approval of the resolution. Motion carried 6 -0 with Imhof abstaining because his cousin owns the property. 7. RESOLUTION IN THE MATTER OF CREATION OF DIKING DISTRICT #3 IN THE VICINITY OF THE RITTER ROAD (AB97 -245) Imhof moved approval. Motion carried unanimously. 8. REQUEST APPROVAL FOR THE EXECUTIVE TO APPOINT LAWRENCE PARADIS TO LAKE MANAGEMENT DISTRICT #1 ADVISORY COMMITTEE TO REPLACE JAN OMEY (AB97 -246) Imhof moved approval. Motion carried unanimously. INTRODUCTION ITEMS Brown moved to accept the introduction items. Motion carried unanimously. Regular Council Minutes, 7/1/97, Page 5 RESOLUTION CREATING A DIKING DISTRICT IN THE RITTER ROAD AREA AND CALLING FOR AN ELECTION (AB97 -245A) 2. ORDINANCE AMENDING THE WHATCOM COUNTY CODE 3.08, PURCHASING SYSTEM, SMALL WORKS ROSTER (AB97 -247) 3. ORDINANCE ADOPTING ZONING OVERLAY MAPS TO IMPLEMENT SHORT TERM PLANNING AREAS DESIGNATED IN THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN ON AN INTERIM BASIS (AB97 -170A) 4. ORDINANCE ALLOWING PUBLIC MARKETS AS A TEMPORARY USE IN THE RESORT COMMERCIAL ZONE (AB97 -186A) 5. ORDINANCE AMENDING THE 1997 BUDGET, REQUEST #7 (AB97 -248) 6. ORDINANCE ADOPTING INTERIM DEVELOPMENT REGULATIONS RELATING TO GROWTH MANAGEMENT AND LAND USE DEVELOPMENT (AB97 -169A) 7. RECEIPT OF APPEAL OF THE HEARING EXAMINER =S DECISION ON FILE NUMBER CUP97 -0002 AND CUP93 -0036 FILED BY ROBERT CARRUTHERS (AB97 -212) ORDINANCE ESTABLISHING A CODE OF ETHICS FOR WHATCOM COUNTY PUBLIC OFFICIALS AND EMPLOYEES AND PROCEDURES FOR RESOLUTION OF CODE OF ETHICS VIOLATIONS (AB97 -187C) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Guide Meridian Corridor (AB95 -260): Brenner attended the Department of Transportation meeting on the widening of the Guide Meridian and noted she was discouraged. Sutter also attended one of the meetings and stated she was encouraged by what she heard. Starkenburg questioned the special meetings scheduled for July 8. Washington State Association of Counties (AB97 -001): Imhof reported on its recent meetings. Most of the discussion was focused on transportation. Sutter noted she attended the first meeting of the International Mobility and Trade Corridor Project, B.C. /Whatcom County Region Core Working Group, which is an international cross - border group of public /private partnership to work on transportation, especially freight mobility. She reported on the funding. Regular Council Minutes, 7/1/97, Page 6 Nelson stated he will be attending a public health meeting regarding five -year planning this Thursday, July 3. ADJOURN The meeting was adjourned at 9:05 p.m. NaDean Hanson, Recording Secretary These minutes were approved by Council on , 1997. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown - Davis, Council Clerk L. Ward Nelson, Council Chair Regular Council Minutes, 7/1/97, Page 7