HomeMy WebLinkAboutCouncil July 15 1997WHATCOM COUNTY COUNCIL
Regular Council Meeting
July 15, 1997
The meeting was called to order at 7 p.m. by Council Vice Chair Alvin Starkenburg in
the Council Chambers, 311 Grand Avenue.
Also Present:
Marlene Dawson
Barbara Brenner
Tom Brown
Kathy Sutter
Robert Imhof
ANNOUNCEMENTS
Absent:
Ward Nelson
Starkenburg announced Council met as the Committee of the Whole and in executive
session discussed an appeal of the Hearing Examiners decision filed by Pete and Sandy Hansen
(AB97 -194).
Imhof moved to uphold the Hearing Examiners decision.
Motion carried unanimously.
Also discussed was the erosion and flooding of the Riverberry property on the Nooksack
River (AB97 -196). Direction was given to Public Works, Engineering, and they will be
reporting at a future date.
READING AND APPROVAL OF MINUTES
APPROVAL OF MINUTES OF THE JANUARY 14, FEBRUARY 25,
MARCH 11, APRIL 22, JUNE 17, AND JULY 1, 1997 COUNCIL MEETINGS
AND THE MAY 6, 1997 COMMITTEE OF THE WHOLE MEETING.
Imhof moved approval of the minutes.
Motion carried unanimously.
SPECIAL PRESENTATION
Regular Council Minutes, 7/15/97, Page I
SPECIAL PRESENTATION BY THE COUNCIL OF GOVERNMENTS
REGARDING THE INTERNATIONAL MOBILITY AND TRADE CORRIDOR
(AB97 -017)
Gordon Rogers, Council of Governments, Transportation, Planning and Project Manager,
spoke about the background of the International Mobility and Trade Corridor project. The
genesis began when problems were encountered in crossing the border in a timely manner, which
especially affected trade. Several groups have been working to find alternatives to these
problems. His office has taken the lead in pulling the groups together and organizing an effort to
solve problems. Three committees have been formed to work on the project: a steering
committee (administration), a core group (decision- making body), and a general assembly
(handout on file). The overall goal is to identify specific shortcoming, show impediments to
efficient trade, tourism, and transportation across the border. There are four issues to be worked
on: at border problems, off - border problems, infrastructure needs (funding needs to be provided),
and policy shortcomings.
Sutter stated she will be bringing forth a resolution for Whatcom County to be a signator
to those terms of reference in order to initially support this effort.
OPEN SESSION
The following people addressed Council in open session:
Rita Foley, South Lake Whatcom: Thanked people who were concerned about her;
concerned about the impolite conduct of Canadians when they drive in the states; and expressed
support for Alvin Starkenburg
Don Flescher, 881 Bennett Road: South end of Yew Street Road (AB97 -215)
Muriel Terry, 5199 Drayton Harbor Road: Water service in the area fronting Drayton
Harbor Road (AB97 -051)
Fred Nowicke, 3341 Berg Road, Everson: Flooding in the Swift Creek area (AB97 -197)
Connie Hoag, 2633 Halverstick Road, Lynden: Ethics ordinance (AB97 -187)
Sherilyn Wells, 1020 Geneva: Six -Year Road Plan (AB97 -215)
Joe Elenbaas, Smith Road, Bellingham: Agreed with Rita Foley in her defense of Alvin
Starkenburg; the media should be focusing on people who are truly creating problems
Donna Clark, 1041 Coronado Street: Council packet
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee and moved approval
of all consent agenda items.
Brown requested item #7 be pulled.
Regular Council Minutes, 7/15/97, Page 2
Motion to approve items 1 - 6 carried unanimously.
REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT WITH DSHS FOR TRAINING AND EMPLOYMENT
SERVICES FOR THE DEVELOPMENTALLY DISABLED (AB97 -250)
2. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO AN
INTERAGENCY AGREEMENT WITH DSHS (AB97 -251)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID
97 -26 TO THE LOWEST RESPONSIVE BIDDER, DIGITAL BIOMETRICS, INC.,
FOR FINGER PRINTING EQUIPMENT IN THE AMOUNT OF $57,069.32
(AB97 -252)
4. RESOLUTION ESTABLISHING CRP- 995021, THE REPLACEMENT OF
MARINE DRIVE BRIDGE NO. 4 OVER PORTAGE SLOUGH, AND
APPROVAL OF AWARD OF CONTRACT TO THE LOWEST RESPONSIVE
BIDDER, IMPERO CONSTRUCTION CO., IN THE AMOUNT OF $407,310
(AB97 -253)
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
TWO -YEAR EXTENSION AGREEMENT WITH WASHINGTON STATE
DOT FOR THE COMMUTE TRIP REDUCTION PROGRAM (AB97 -254)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT WITH THE WASHINGTON STATE TRAFFIC
SAFETY COMMISSION FOR THE FUNDING OF YOUTH PROJECTS
(AB97 -255)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT WITH THE OPPORTUNITY COUNCIL
(AB97 -256)
Brown stated it is not a function of the County to provide telephone service to the
homeless. If anything, it should be handled by the city of Bellingham. Brenner responded that
this service gives people an opportunity to job hunt, make doctors appointments, etc. Also, grant
money will be available.
Imhof moved approval.
Motion carried 5 -1 with Brown opposed.
PUBLIC HEARING
RESOLUTION CREATING A DIKING DISTRICT IN THE RITTER ROAD
Regular Council Minutes, 7/15/97, Page 3
AREA AND CALLING FOR AN ELECTION (AB97 -245A)
Ed Henken, Public Works, Engineering, gave a staff report and stated the engineer =s
boundary recommendation is on packet page 219. Tom Hayden, Engineering, gave a
background on the issue. The river is to be divided up into sections. The area residents are
asking Council to authorize an election to form a diking district.
Starkenburg opened the public hearing, and the following person spoke:
Buzz Strickland, 7105 River Road
Hearing no one else, Starkenburg closed the public hearing.
Hayden stated that Engineering has explained to the group that they need to work within
the framework of the Flood Management Hazard Management Plan.
(Clerks Note: Tape 1, side B)
Imhof moved approval of the resolution.
Motion carried unanimously.
2. ORDINANCE AMENDING THE WHATCOM COUNTY CODE 3.08,
PURCHASING SYSTEM, SMALL WORKS ROSTER (AB97 -247)
Jeff Monsen, Public Works Director, gave background and stated that the term Apublic
works projects= is a statutory definition describing a kind of work, not a specific department.
Many of these projects are done by different departments. He thought this ordinance will allow
more work to be done and at a better price.
Starkenburg opened the public hearing, and no one spoke.
Starkenburg closed the public hearing.
Imhof moved approval of the ordinance.
Starkenburg stated he will abstain from voting as an appearance of fairness.
Motion carried 5 -0 with Starkenburg abstaining.
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)
Regular Council Minutes, 7/15/97, Page 4
Sylvia Goodwin, Planning Division Manager, gave a staff report. These maps were
included as part of the Comprehensive Plan and adopted as an emergency ordinance. There is a
substitute ordinance which she distributed (on file). The only two changes in the two documents
are a AWHEREAS =, dealing with the SEPA review process, and a change on the Birch Bay area
map on Arnie Road (to reflect a mapping error from the earlier ordinance).
Starkenburg opened the public hearing, and the following people spoke:
Kurt Denke, 601 N. Fourth, Mt. Vernon
Mark Lee, 1616 Cornwall
Muriel Terry, 5199 Drayton Harbor Road
Hearing no one else, Starkenburg closed the public hearing.
Imhof moved approval of the ordinance.
Brenner moved to amend the Bellingham urban growth area (UGA) map to include
Summit View in the short-term boundary.
Knapp stated that staff has never said the area should not be included. Staff believes it
should be included. The city of Bellingham said it has enough UGA. County staff does not
concur that it is a downzone. The vested plat can proceed at anytime. This area would be
covered by the Environmental Impact Statements (EIS) done through the Comprehensive Plan
process. Imhof clarified that with any land placed in the urban growth boundary (UGB), it is the
owner =s responsibility to request annexation; it is the city =s decision to accept that annexation.
There was discussion regarding the timeline for adopting a permanent ordinance. Also
discussed was interim vs permanent ordinance; public hearing; involvement of the Planning
Commission; return this to committee; changes made as a package; and this item standing on its
own.
Dawson moved to hold Brenner--s motion until the end of the meeting upon receiving
advice from Council =s legal counsel.
Brenner would like to discuss the property mentioned by Muriel Terry. She felt staff
should examine this item to be included in the Birch Bay area instead of the Blaine area.
Brenner moved to hold the ordinance in committee for further discussion.
This ordinance as a whole was delayed to the end of the meeting.
4. ORDINANCE ADOPTING INTERIM DEVELOPMENT REGULATIONS RELATING
TO GROWTH MANAGEMENT AND LAND USE DEVELOPMENT (AB97 -169A)
Regular Council Minutes, 7/15/97, Page 5
Sylvia Goodwin, Planning Division Manager, gave a staff report. This regulation
ordinance was recommended by Sandy Mackie, Whatcom County Legal Counsel, as the County
needed to be in compliance with the Growth Management Hearings Board (GMHB). This
changes several sections of Title 20 and would be in effect for six months.
Starkenburg opened the public hearing, and the following people spoke:
Paul Nielson, 398 Marine Drive, Pt. Roberts
(Clerks Note: Tape 2, side A)
Glen Henderson, Chair of Water District 13
Connie Hoag, 2633 Halverstick Road, Lynden
Roger Almskaar
Hearing no one else, Starkenburg closed the public hearing.
Imhof moved approval of the ordinance as an emergency ordinance and keep it as is,
giving Council 60 days. The items brought forward would be discussed by Planning and
Development Committee in the meantime.
Brenner moved to amend by deleting on page 263 the asterisk on 0.158 which restricts
accessory dwellings in unincorporated Whatcom County.
Goodwin summarized in a chart where accessory housing units are and are not allowed.
There was discussion regarding the GMHB =s opinion on accessory units. Further discussion
was held.
Motion to amend failed 3 -3 with Dawson, Imhof and Starkenburg opposed.
Motion to adopt as an emergency ordinance carried 5 -1 with Brenner opposed.
OTHER ITEMS
ORDINANCE AMENDING THE 1997 BUDGET, REQUEST #7 (AB97 -248)
Imhof reported for Finance and Administrative Services Committee and moved approval
of the ordinance.
Motion carried unanimously.
2. DISCUSSION REGARDING THE INVESTMENT OF INTEREST EARNED
ON FLOOD CONTROL ZONE DISTRICT ASSESSMENTS (AB97 -249)
Imhof reported for Finance and Administrative Services Committee and stated the
Regular Council Minutes, 7/15/97, Page 6
recommendation is to leave the investment interest in the General Fund through the end of 1997.
At the beginning of 1998, the funds will be deposited into the Flood Control Zone Fund.
Dave Wareing, Executive =s Office, added that will remove $400,000 to $500,000 out of
Current Expense and that money will need to be replaced.
Motion carried unanimously.
3. ORDINANCE ESTABLISHING A CODE OF ETHICS REGARDING
CONTRACT INTERESTS FOR COUNCIL MEMBERS (AB97 -187)
Brenner reported for Public Works and Capital Projects Committee and stated this item
was held in committee for two weeks (July 29).
4. ORDINANCE ESTABLISHING A CODE OF ETHICS FOR WHATCOM
COUNTY PUBLIC OFFICIALS AND EMPLOYEES AND PROCEDURES
FOR RESOLUTION OF CODE OF ETHICS VIOLATIONS (AB97 -187B)
Brenner reported for Public Works and Capital Projects Committee and stated this item
was not worked on in Public Works Committee.
Dawson withdrew this item.
5. ORDINANCE ALLOWING PUBLIC MARKETS AS A TEMPORARY USE IN
THE RESORT COMMERCIAL ZONE (AB97 -186A)
Starkenburg reported for Planning and Development Committee and moved to amend the
language change on packet page 164, line 29, to state:
"No overnight vehicle parking or camping is allowed on site."
Motion carried unanimously.
Starkenburg moved to amend language on packet page 164, line 35, to add:
AThere shall be no storage outdoors. Health Department certificates must be
secured before permit is issued, where applicable.-
Motion carried unanimously.
Starkenburg moved to adopt the ordinance as amended.
Motion carried unanimously.
6. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER =S
Regular Council Minutes, 7/15/97, Page 7
DECISION ON PRELIMINARY PLAT PLS96 -0006 FILED BY PETE AND
SANDY HANSEN (AB97 -194)
See AAnnouncements =.
7. RESOLUTION IN THE MATTER OF THE CREATION OF A DIKING
DISTRICT IN THE VICINITY OF BERTRAND CREEK (AB97 -257)
Imhof moved approval.
Motion carried unanimously.
8. RESOLUTION IN THE MATTER OF THE WHATCOM COUNTY
COMPREHENSIVE SIX YEAR ROAD PROGRAM FOR THE YEARS 1998
THROUGH 2003 (AB97 -215)
Brenner gave background on discussion held in the Council work session. There were
three amendments to the road program. Council referred to the substitute from Public Works for
its recommendation.
(Clerks Note: Tape 2, side 2)
Motion to approve the substitute resolution carried unanimously.
PUBLIC HEARING #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)
Starkenburg returned to this item to update legal counsel, Dan Gibson, on the discussions
earlier in the meeting.
Gibson stated it is the Comp Plan process to change short -term boundaries through a
rezone process. This does not require Comp Plan amendment but Planning Commission review
and recommendation.
There was discussion regarding the legality of including the Summit View property in the
short -term boundary.
Gibson suggested Council adopt this item as both an emergency and an interim
ordinance.
Motion to amend to include Summit View failed 2 -4 with Brenner and Brown in favor.
Regular Council Minutes, 7/15/97, Page 8
Imhof moved to amend his previous motion to adopt this as an emergency and an interim
ordinance.
Motion to adopt carried 5 -1 with Brenner opposed.
Imhof moved to adopt the Interim Development Regulations as an interim ordinance in
addition to an emergency ordinance.
Motion to adopt carried 5 -1 with Brenner opposed.
INTRODUCTION ITEMS
RECEIPT OF APPEAL OF THE HEARING EXAMINER =S DECISION ON
FILE NO. CUP89 -0002, FILED BY JOE LOUIE WATER ASSOCIATION C/O
FRANK CHMELIK, ATTORNEY (AB97 -213)
2. RESOLUTION IN THE MATTER OF THE FORMATION OF A DIKING
DISTRICT IN THE VICINITY OF BERTRAND CREEK (AB97 -257A)
Imhof moved to accept the introduction items.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Sutter stated she will be leaving on vacation.
Comprehensive Six -Year Road Program (AB97 -215): Imhof stated a road
construction project is being proposed; he would like to hear from Council members.
Information will become available within the next ten days.
Comprehensive Six -Year Road Program (AB97 -215): Brenner stated Imhof made a
presentation during Finance and Administrative Services Committee, which is available on tape.
She also proposed holding a County Council meeting in Point Roberts within the next
two to three months. Also proposed was an agenda be set up for the next six months for holding
Council meetings in other parts of the County. There was discussion regarding limiting agenda
to issues pertaining to the area. Pete Kremen, Executive =s Office, stated Birch Bay formally
requested a meeting be held in their area and because of that request, they should be given first
consideration for a remote meeting. Due to the location of Point Roberts, Kremen suggested
holding a special Council meeting.
Regular Council Minutes, 7/15/97, Page 9
Brenner requested staff be given direction to set up an itinerary for remote meetings.
There was brief discussion. Starkenburg noted Chair Nelson will be notified of this item for
follow up.
Muriel Terry stated she came to the meeting feeling hostile and is leaving feeling
sympathetic to the Council members.
ADJOURN
The meeting was adjourned at 9:50 p.m.
Jill Nixon, Recording Secretary
These minutes were approved by Council on 51997.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Alvin Starkenburg, Council Vice Chair
Regular Council Minutes, 7/15/97, Page 10