HomeMy WebLinkAboutCouncil May 20 1997WHATCOM COUNTY COUNCIL
Regular Council Meeting
May 20, 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 in executive session of the Committee of the Whole, pending
litigation (AB97 -018) and the ongoing real estate issues that relate to the consolidation of the
Health Department (AB97 -018) were discussed.
SPECIAL PRESENTATION
PRESENTATION BY MICHAEL BURNETT, LISA MEUCCI, AND ROBIN
ROBERTSON REGARDING THE CENTER PROJECT (AB97 -193)
Michael Burnett, 4878 Beechway Road, Ferndale, The Center Project Manager, gave
background of the project, its vision, and the benefits. They are currently seeking to secure the
remaining $60,000 by June 30 from public agencies, private interest, and local foundations and
are asking Council for $20,000. Also speaking was Lisa Meucci, The Center Project
Coordinator.
OPEN SESSION
The following people addressed Council:
Martin Van Buren, 623 E. Wiser Ridge, Lynden: Brown Charter Amendment to limit the
collection of taxes (AB97 -177)
Kathy Leahy, 2100 Electric: Brown Charter Amendment (AB97 -177)
Leroy Deardorff. Habitat Enhancement Ordinance (AB97 -181)
Jeff McKay, 4693 Sucia Drive, Ferndale: Comp Plan (AB96- 051L); Brown Charter
Amendment to limit the collection of taxes (AB97 -177); and Criminal Justice (AB97 -157)
Sally Spraque, 2095 North Shore Road: Habitat Enhancement Ordinance (AB97 -181)
Council Minutes, 5/20/97, Page 1
Gail Pattenaude, Bellingham: Brown Charter Amendment (AB97 -177)
Steve Hood, 217 North 5th Street, Mt. Vernon: Habitat Enhancement Ordinance (AB97-
181)
Sherilyn Wells, 1020 Geneva: WCC 20.38.060 (3), Comprehensive Plan (AB96 -051)
Henry Bierlink, 9713 Double Ditch Road, Lynden: Habitat Enhancement Ordinance
(AB97 -181)
Giovanna Rosenlich, Bellingham: Ethics Ordinance (AB97 -187)
Curt Denke, 615 N. 4th, Mt. Vernon, representing Lee and Barbara Denke: Emergency
ordinance establishing an interim zoning control (AB97 -186)
Rita Foley, South Lake Whatcom: Humane Society (AB97- 164A); blasting in the Lake
Whatcom Watershed
(Clerk's Note: Tape 1, side B)
Joe Elenbaas, 600 E. Smith Road: Thanked Council for involvement with the
Administration
Clare Fogelsong, 2312 Walnut Street: Habitat Enhancement Ordinance (AB97 -181)
John Hruby, Valley View Road, Ferndale: Comprehensive Plan (AB96 -051L)
Burt Webber, Vice President, Nooksack Recovery Team: Habitat Enhancement
Ordinance (AB97 -181)
Howard Andreason, 2696 Willeys Lake Road, Everson: Brown Charter Amendment to
limit the collection of taxes (AB97 -177)
Perry Welch, 1927 Dakin Street: Habitat Enhancement Ordinance (AB97 -181)
Dan Neff, 2056 Prairie Road, Sedro Woolley: Habitat Enhancement Ordinance (AB97 -
181)
Mike McRory, Board member, Nooksack Salmon Enhancement Association: Habitat
Enhancement Ordinance (AB97 -177)
CONSENT AGENDA
Brenner reported for Finance and Administrative Services Committee and moved
approval of items 2 and 3, noting item 1 was pulled for discussion.
Motion to approve carried unanimously.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH SSP- PREFERRED ANIMAL CARE FOR ANIMAL
CONTROL SERVICES (AB97 -164A)
Brenner explained the vote in committee was 1 -1 with Brown in favor, Brenner opposed,
and Imhof absent. Brenner explained that she fears the volunteer rate will decline, especially for
a profit organization, and also fears a higher euthanasia rate.
Nelson moved to approve the contract.
Council Minutes, 5/20/97, Page 2
Imhof announced he will be abstaining from the vote for personal reasons.
There was discussion on the motion.
Motion to approve carried 5 -1 with Brenner opposed and Imhof abstaining.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT WITH WHATCOM COUNSELING AND
PSYCHIATRIC CLINIC FOR HEALTH CASE MANAGEMENT AND OTHER
SERVICES IN THE WHATCOM COUNTY JAIL (AB97 -163)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
CONSOLIDATED CONTRACT AMENDMENT #2 FOR ALTERNATIVE ON-
SITE SEPTIC SYSTEMS SURVEY AND LUMMI BEHAVIORAL RISK
FACTOR SURVEY (AB97 -189)
PUBLIC HEARING
ORDINANCE REGARDING INSTALLING STOP SIGNS ON CERTAIN
COUNTY ROADS IN SUBDIVISIONS (AB97 -174)
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.
2. ORDINANCE REGARDING INSTALLING STOP SIGNS ON CERTAIN
COUNTY ROADS IN SUBDIVISIONS (AB97 -175)
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.
OTHER ITEMS
ORDINANCE AMENDING THE 1997 BUDGET, REQUEST #5 (AB97 -173)
Council Minutes, 5/20/97, Page 3
Brenner reported for Finance and Administrative Services Committee and moved
approval.
Motion to adopt carried unanimously.
2. APPOINTMENT TO FILL DRAINAGE DISTRICT COMMISSIONER
VACANCY, DRAINAGE DISTRICT #6 (AB97 -160)
Imhof moved approval by acclamation of David Burgess to District #6.
Motion carried unanimously.
Imhof moved approval by acclamation of Dick Bedlington to District #2.
Motion carried unanimously.
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(AB97 -176)
Shirley Forslof, Auditor, gave a staff report and explained the background of this
ordinance.
Nelson moved to adopt the ordinance.
Motion to adopt carried unanimously.
Brenner suggested Council write a letter to the state to ask that special elections not be
allowed.
4. ORDINANCE ESTABLISHING THE DOCUMENTATION OF HABITAT
ENHANCEMENT ACTIVITY (AB97 -181)
Dawson moved to table the ordinance.
Motion to table carried unanimously.
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN AN
APPLICATION FOR A CLASS A AND CLASS C LIQUOR LICENSE FOR
MOUNTAIN LAUREL CAFE LOCATED AT 9393 MOUNT BAKER HIGHWAY,
DEMING (AB97 -190)
Nelson moved to approve.
Council Minutes, 5/20/97, Page 4
Motion to approve carried unanimously.
6. REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO
APPOINT LAURA WITTER TO THE MENTAL HEALTH ADVISORY
BOARD (AB97 -191)
Brown moved approval of the confirmation.
Motion to confirm carried unanimously.
7. COUNCIL TO REAFFIRM THE BELLINGHAM WHATCOM ECONOMIC
DEVELOPMENT COUNCIL (FORMERLY THE FOURTH CORNER
ECONOMIC DEVELOPMENT GROUP) AS THE DESIGNATED ASSOCIATE
DEVELOPMENT ORGANIZATION (ADO) IN WHATCOM COUNTY (AB97 -
192)
Imhof moved to approve.
Motion carried unanimously.
8. ORDINANCE AMENDING THE WHATCOM COUNTY CHARTER, TO BE
SUBMITTED TO THE PEOPLE, REGARDING LIMITING THE
COLLECTION OF TAXES (AB97 -177)
Brown moved to adopt the ordinance.
There was discussion on the motion. Brown distributed a handout (on file) regarding
Whatcom County's property taxes. Discussion continued.
(Clerk's Note: Tape 2, side A)
Dan Gibson, Prosecuting Attorney's Office, explained that the state legislature is putting
a proposal before the voters to limit the collection of taxes less than 6% if inflation is, in fact,
less than 6 %. WCC 84.55.010 adds new construction to the levy amount. Bond contracts
require that a county pledges and covenants itself to levying taxes within and as a part of the
taxes permitted to that county without a vote of the electors and is able to pledge our full faith,
credit and resources to the payment of the bond debt. This means that when the County goes to a
bond issue, its collateral is its power to tax.
Keith Willnauer, Assessor, explained that the difference to the taxpayer on a $100,000
house from 100% to 106% would be about $17.50 per year of the portion collected by the
County for Current Expense and the Road Fund.
Discussion followed. Topics discussed included: time involved with the yearly budget
Council Minutes, 5/20/97, Page 5
process; credit rating for bonding process; infrastructure; the County's road program in general;
and the issue of responsibility.
Motion to adopt failed 2 -5 with Brenner and Brown in favor.
(Clerk's Note: A ten - minute break was taken. Tape 2, side B)
9. EMERGENCY ORDINANCE ADOPTING INTERIM DEVELOPMENT
REGULATIONS TO IMPLEMENT THE PROPOSED WHATCOM COUNTY
COMPREHENSIVE PLAN (AB97 -169)
Sandy Mackie, Whatcom County legal counsel, explained that it is necessary to change
and add to WCC 20.92.205, recommended decisions from the Hearing Examiner, a new
section 5, major development review, pursuant to WCC 20.88 for the master plans /rezone of the
Custer provisional urban growth area.
Imhof moved approval of the amendment.
Motion to amend carried unanimously.
Nelson moved approval of the emergency ordinance.
Motion as amended carried 6 -1 with Brenner opposed.
Nelson explained that this emergency ordinance is in effect for 60 days. Gibson
explained that re- adoption of a final ordinance is forthcoming.
10. EMERGENCY ORDINANCE ADOPTING ZONING OVERLAY MAPS TO
IMPLEMENT THE SHORT TERM URBAN GROWTH AREAS
DESIGNATED IN THE OFFICIAL WHATCOM COUNTY
COMPREHENSIVE PLAN ON AN INTERIM BASIS (AB97 -170)
Sutter moved to amend the ordinance to include the area on Map 28E, packet page 169,
the area west of the Tromp Road /Flynn Road, which should be in Lynden's short term urban
growth area.
Motion carried unanimously.
Main amended motion 6 -1 with Brenner opposed.
11. ORDINANCE ADOPTING THE WHATCOM COUNTY COMPREHENSIVE
PLAN (AB96 -051L)
See attached verbatim transcript of this portion of the meeting.
Council Minutes, 5/20/97, Page 6
Gibson asked for the opportunity to sharpen and to add the Finding of Facts and
Conclusion of Law and to return them to Council by staff.
A possible work session is to be scheduled if necessary after the Findings of Fact are
received. Findings are due back by the next meeting (June 3).
ADDENDUM
EMERGENCY ORDINANCE ESTABLISHING AN INTERIM ZONING CONTROL
TO ADDRESS PUBLIC MARKETS AS A TEMPORARY USE IN THE RESORT
COMMERCIAL ZONE (AB97 -186)
Nelson moved to adopt.
Motion to adopt carried unanimously.
INTRODUCTION ITEMS
Imhof moved to accept the introduction items.
Motion carried unanimously.
RESOLUTION REGARDING THE VACATION OF A PORTION OF AN
UNNAMED DEEDED RIGHT -OF -WAY WEST OF OLSON ROAD AND
SOUTH OF ALDERGROVE ROAD, FILED BY JAMES FORSS (AB97 -179)
(HEARING TO BE SCHEDULED)
2. ORDINANCE ESTABLISHING AN INTERIM ZONING CONTROL TO
ADDRESS PUBLIC MARKETS AS A TEMPORARY USE IN THE RESORT
COMMERCIAL ZONE (AB97 -186)
See "Other Items, Addendum ".
3. ORDINANCE ESTABLISHING A CODE OF ETHICS REGARDING
CONTRACT INTERESTS FOR COUNCIL MEMBERS, BOARD MEMBERS,
OR EMPLOYEES (AB97 -187)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Flood Protection on the South Fork of the Nooksack River (AB97 -267): Brown
requested putting this item, which is an ongoing problem, in Public Works and Capital Projects
Committee. It is funded out of flood control funds.
Council Minutes, 5/20/97, Page 7
Comprehensive Plan (AB96 -051): Starkenburg thanked staff for all the help and hard
work.
ADJOURN
The meeting was adjourned at 10 p.m.
Jill Nixon, Recording Secretary
These minutes were approved by Council on August 10 , 1999.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk L. Ward Nelson, Council Member
Council Minutes, 5/20/97, Page 8