HomeMy WebLinkAboutCouncil September 23 1997WHATCOM COUNTY COUNCIL
Regular Council Meeting
September 23, 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 during executive session, a resolution in the matter of adopting a
salary schedule for the unrepresented Whatcom County employees for the year 1998 was
discussed (AB97 -329).
Imhof moved approval of the resolution.
Motion to approve carried unanimously.
Nelson also noted that Council's counsel, Dan Gibson, reported on pending litigation
(AB97 -018).
SPECIAL PRESENTATION
SPECIAL PRESENTATION BY STEVE JILK, REPRESENTING THE
NOOKSACK STEERING COMMITTEE, AND JIM MILLER, EXECUTIVE
DIRECTOR OF THE WHATCOM COUNTY COUNCIL OF GOVERNMENTS,
REGARDING THE ACTIVITIES OF THE NOOKSACK STEERING
COMMITTEE (AB97 -326)
Steve Jilk, representing the Nooksack Steering Committee, gave background on the issue
and introduced Jim Miller, Executive Director, Council of Governments, who gave a slide
presentation.
Whatcom County Council of Governments (COG) Water Resources Management
proposed the following: It is widely recognized that water, and the many aspects of quantity,
quality, and rights associated with it, is central to the health and economic well being of the
Regular Council Minutes, 9/23/97, Page 1
citizens of Whatcom County. In addition, fish and wildlife habitat, as well as flooding hazard
reduction, are among the issues needing attention. Some of these issues are clearly contentious.
Local, state, federal, and tribal government entities; water purveyors; farmers; and local citizens
maintain varying perspectives on water issues. At times, these interests may be at odds with one
another. Currently, there is no regionally recognized central forum for issue coordination or
resolution. In addition, there is no central clearinghouse for a citizen to get answers for water
related questions. Both are indeed timely and, we believe, appropriate. The goals for such a
water forum must include an action - oriented agenda. Enabling legislation affirms COG'S role in
resources planning and conservation and mandates cooperation with other jurisdictional agencies
and state and federal government. The entire Water Resource Management Committee effort
would be a process and organization driven by water use and supply. The key to success of this
process is the coordinated activities of the WAC (citizens advisory committee) and successful
integration of WAC initiatives into overall water resource management. Some general
recommendations were: include the broadest possible representation of organizations and
individuals affected by any water - related decision. The process must be action - oriented and
focused on decisions and actions designed to reach cooperative solutions to existing and
anticipated water quality and quantity issues including, but not limited to, water allocation,
instream flow, fish habitat, flooding, and dredging. He further explained the organizational
chart.
He then reviewed the following proposed draft budget:
Potential Revenue
Local jurisdictions
PUD
HB2054
State Agencies
Federal Agencies
Total Potential Revenue
Expenses
Salaries
Water Manager
Water Tech
WCCOG support staff
Total Salaries
Benefits at 28 percent
Total Expenses
Operating Expenses
0
$85,000
35,000
50,000
0
$170,000
$45,000
30,000
20,000
95,000
26,600
$206,600
Regular Council Minutes, 9/23/97, Page 2
Office supplies
$4,000
Communications
2,500
Advertising
1,000
Rent
8,400
Insurance
500
Conference /training
Total $153,000
There was discussion.
OPEN SESSION
The following people addressed Council:
Bob Andersen, PO Box 3183, Bellingham: Nooksack Steering Committee (AB97 -326)
(Clerks Note: Tape 1, side B)
Marion Beddill, 3600 Seely: Nooksack Steering Committee (AB97 -326)
Karl Martin, 7133 Guide Meridian, Lynden: Airport zoning (AB97 -273)
Jean Freestone, 3200 Vallette Street: October 3 at 1:30 p.m. will be arguing summary
judgment regarding the Growth Management Hearings Board on the invalidity of Custer =s
interim UGA (AB96 -051)
Kathy Bovenkamp, Building Industry Assn.: Nooksack Steering Committee (AB97 -326)
Rita Foley: Water protection in Whatcom County
Davell Sieverson, 2705 Iron Street: Airport zoning (AB97 -273)
PUBLIC HEARING
1. ORDINANCE ESTABLISHING A FLOOD CONTROL ZONE DISTRICT SUB -
ZONE IN THE LYNDEN /EVERSON AREA (AB97 -312A)
Tom Hayden, Engineering, gave a staff report.
Nelson opened the public hearing, and the following person spoke:
Steve Jilk, City Administrator, City of Lynden
There was discussion.
Hearing no one else, Nelson closed the public hearing.
Imhof moved to adopt the ordinance.
Regular Council Minutes, 9/23/97, Page 3
Motion to adopt carried unanimously.
2. ORDINANCE ESTABLISHING A FLOOD CONTROL ZONE DISTRICT SUB -
ZONE IN THE ACME/VANZANDT AREA (AB97 -313A)
Tom Hayden, Engineering, gave a staff report.
Nelson opened the public hearing, and the following person spoke:
Bob Knutson, 6070 Saxon Road, Acme
Hearing no one else, Nelson closed the public hearing.
Imhof moved to adopt the ordinance.
Motion to adopt carried unanimously.
3. ORDINANCE ESTABLISHING A FLOOD CONTROL ZONE DISTRICT SUB -
ZONE IN THE SUMAS/NOOKSACK/EVERSON AREA(AB97 -314A)
citizen.
Tom Hayden, Engineering, gave a staff report and distributed a letter of concern from a
Nelson opened the public hearing, and the following people spoke:
Fred Nowicke, 3341 Berg Road, Everson
Tom Hanson, 1020 -108th Avenue N.E., Bellevue WA (Forest Manager for the
Toring Family Tree Farm)
Hearing no one else, Nelson closed the public hearing.
There was discussion.
Imhof moved to adopt the ordinance.
Motion to adopt carried unanimously.
4. ORDINANCE AMENDING THE WHATCOM COUNTY SHORELINE
MANAGEMENT ACT INCORPORATING CIVIL PENALTIES FOR
VIOLATORS (AB97 -316)
Regular Council Minutes, 9/23/97, Page 4
Michael Knapp, Director of Planning and Development Services, spoke to the proposed
ordinance, stating that there have been many violations occurring recently along the shores of
Lake Whatcom.
Nelson opened the public hearing, and the following people spoke:
Rita Foley, South Lake Whatcom
Patrick Aleese, 4825 Alderson Road, Birch Bay
Hearing no one else, Nelson closed the public hearing.
Imhof moved to adopt the ordinance.
Motion to adopt carried unanimously.
OTHER ITEMS
ORDINANCE AMENDING THE 1997 BUDGET, SUPPLEMENTAL #10 (AB97 -315)
Imhof reported for Finance and Administrative Services Committee and moved to adopt.
(Clerks Note: Tape 2, side A)
The reason for the funds requested by the Prosecutor's Office was discussed. Dave
Wareing, Executive =s Office, replied.
Motion to adopt carried 6 -1 with Brenner opposed.
2. RESOLUTION IN THE MATTER OF ADOPTING THE NOOKSACK RIVER
COMMUNITY RATING SYSTEM FLOOD MANAGEMENT PLAN (AB97-
308A)
Brenner reported for Public Works and Capital Projects Committee that this item was
pulled from committee discussion because she felt it was important for all Council members to
participate in this discussion.
Nelson moved to approve the resolution.
Brenner moved to amend the chart on packet page 25 to combine all residents, businesses
and agricultural areas in the floodplain affected by a flood.
Jeff Monsen, Public Works Director, offered to remove the chart and modify the text to
make the impacts more clear.
Regular Council Minutes, 9/23/97, Page 5
Brenner amended her amendment to request the AX- be filled in on the AAgriculture
and Business= column and on the AResidents in Floodplain- column.
Nelson offered a friendly amendment by including a statement in the Flood Management
Plan that all stated problems affect all noted areas (see packet page 25). Brenner accepted
Nelson =s friendly amendment.
Topics discussed included: remapping; coordination of regulatory programs; timeframe
of projects; and how the chart should read.
Brenner restated the motion to read: The columns in the chart on packet page 25 would
then read: AResidents, Agriculture and Businesses in Floodplain =; AResidents Outside
Floodplain =; AAgriculture and Businesses Outside Floodplain -; and ALocal Government =.
Motion to amend carried unanimously.
Motion to approve the resolution carried unanimously.
3. ORDINANCE ADOPTING A PERMANENT WHATCOM COUNTY CODE
CHAPTER 16.16, CRITICAL AREAS, TO COMPLY WITH THE
WASHINGTON STATE GROWTH MANAGEMENT ACT (AB97 -226A)
Starkenburg reported for Planning and Development Committee that this item is held in
committee until October 7.
4. RESOLUTION IN THE MATTER OF ADOPTING A SALARY SCHEDULE
FOR THE UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR
THE YEAR 1998 (AB97 -329)
See AAnnouncements =.
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN AN
APPLICATION FOR A ACLASS E & F= LIQUOR LICENSE FOR THE
LAUREL CORNER MARKET, LOCATED AT 5927 GUIDE MERIDIAN,
BELLING14AM (AB97 -330)
Imhof moved approval.
Motion to approve carried unanimously.
(Clerks Note: A short break was taken)
6. RESOLUTION ESTABLISHING FLOOD CONTROL SUB -ZONE ADVISORY
COMMITTEES AND APPOINTING COMMITTEE MEMBERS (AB97 -297)
Regular Council Minutes, 9/23/97, Page 6
Lynden/Everson:
Starkenburg
Roorda
H. Polinder
Van
Bronsema
F. Polinder
Dawson
Juergens
Parker
Dyken
Westergreen
Koehler
Brenner
Bronsema
Roorda
Slease
Noteboom
Van
Nelson
Reeves
Juergens
Parker
Nowicke
Dyken
Brown
Roorda
H. Polinder
Van
Bronsema
Slease
Brenner
Davis
Westergreen
Dyken
Reeves
Koehler
Nelson
Roorda
H. Polinder
Van
Noteboom
Bronsema
Dyken
Imhof
Roorda
H. Polinder
Van
Bronsema
F. Polinder
Dyken
Dawson
F. Polinder
Noteboom
H. Polinder
DeBoer
Roorda
Sutter
Roorda
Slease
Van
Bronsema
F. Polinder
Dyken
Sumas/Nooksack/Everson:
Sutter
Juergens
Parker
Koehler
Nowicke
Westergreen
Dawson
Juergens
Parker
Nowicke
Westergreen
Koehler
Imhof
Juergens
Parker
Koehler
Nowicke
Westergreen
Nelson
Reeves
Juergens
Parker
Nowicke
Westergreen
Brown
Davis
Westergreen
Nowicke
Koehler
Parker
Brenner
Davis
Westergreen
Nowicke
Reeves
Koehler
Starkenburg
Juergens
Parker
Nowicke
Westergreen
Lautenbach
Acme/Van Zandt:
Nelson
Knudsen
Close
Strachila
Jacoby
La Monte
Brown
Close
Strachila
Knudsen
Boice
La Monte
Brenner
Close
Knudsen
Margolis
Jacoby
La Monte
Regular Council Minutes, 9/23/97, Page 7
Starkenburg
Close
Knudsen
Hill
Hoyt
Margolis
Dawson
Close
Knudsen
Hill
Hoyt
Jacoby
Imhof
Close
Knudsen
Strachila
Boice
La Monte
Sutter
Close
Knudsen
Hill
Hoyt
Jacoby
Starkenburg
Hill
Brenner
Hill
Brown
Strachila
Nelson
Strachila
Imhof
Hill
Dawson
Hoyt
Sutter
Hill
Lvnden/Everson
Henry Polinder
Ron Bronsema
Arnold Van Dyken
Hank Roorda
Fred Polinder
Acme/VanZandt
BettyLou Close
Robert Knudsen
Duane Jacoby
John La Monte
Michael Hill
Imhof moved approval.
Motion carried unanimously.
Sumas/Nooksack/Everson
Gerald Juergens
Michael Parker
Stephen Koehler
Fred Nowicke
Tom Westergreen
7. CITIZEN REQUEST FOR REPEAL OF WHATCOM COUNTY CODE
9.04.030, PROHIBITING PUBLIC CARDROOMS IN THE
UNINCORPORATED AREAS OF THE COUNTY (AB97 -331)
Dave Wareing, Executive =s Office, reported that this item should be forwarded to the
Planning Commission for zoning considerations. It then would need to come back in ordinance
form.
Brenner moved approval.
Motion carried unanimously.
8. RESOLUTION AMENDING RESOLUTION 97 -012 AND RE- PRIORITIZING
Regular Council Minutes, 9/23/97, Page 8
WHATCOM COUNTY PROJECTS FOR THE WASHINGTON COMMUNITY
ECONOMIC REVITALIZATION TEAM (WA -CERT) (AB97 -320)
(Clerks Note: Tape 2, side B)
Imhof moved to:
1. Remove from the list the current project number 12, Patrick Rooney, D.D.S.,
Low Income Child Dental Clinic;
2. Move the current project number 3, Next Step - REDO, to the last position; and
3. Reprioritize the current project number 8, City of Blaine - Wastewater Treatment
Plan Upgrade and Sewer Improvement, to project number 3.
Motion carried unanimously.
Starkenburg moved to insert the Visitor and Convention Bureau =s Long -Term Tourism
Development project as #4 and move everyone else down one notch.
Motion carried unanimously.
Motion to approve the amended resolution carried unanimously.
1. Port of Bellingham - Industrial Park
2. City of Lynden - West Lynden Infrastructure Construction
3. City of Blaine - Wastewater Treatment Plant upgrade and sewer improvement
4. Visitor & Convention Center - Long -term tourism development
5. Sustainable Options - Business Incubator
6. Port of Bellingham - Blaine Waterfront
7. Sandy Point Improvement Company - Water Main Transmission Installation
8. Public Utility District #1 - Nooksack Basin Water Management Model
9. City of Everson - Economic Development Plan
10. Water District #10 - Sudden Valley Detention Basin
11. Water District #10 - Lake Louise Road Interceptor
12. Rooney Family Limited Partnership (RLFP) - Blaine Industrial Complex
13. Next Step - REDO
9. RESOLUTION OF THE WHATCOM COUNTY COUNCIL ENCOURAGING
AN AGREEMENT TO ACHIEVE AND MAINTAIN EQUITABLE CATCH
SHARING AND ENCOURAGING A BUY -OUT OF THE FISHING IN
WASHINGTON STATE (AB97 -323)
Brenner moved approval.
Motion carried unanimously.
Regular Council Minutes, 9/23/97, Page 9
INTRODUCTION ITEMS
Nelson announced that item #3 has been pulled and will be introduced at a later date.
Imhof moved to accept the introduction items.
Motion carried unanimously.
RECEIPT OF APPEAL OF THE HEARING EXAMINER =S DECISION OF
FILE NO. APL97 -0003 AND APL96 -0004 FILED BY JAMES AND KYLE
BRIDE, D.B.A. EVERETT ROCK, C/O JEFFREY PRATT, ATTORNEY AT
LAW (AB97 -296)
2. ORDINANCE AUTHORIZING A CHARGE TO PROVIDE REVENUE FOR
FLOOD CONTROL ZONE DISTRICT SUB -ZONES (AB97 -332) (HEARING
TO BE SCHEDULED)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 8.28,
LITTER CONTROL (AB97 -325)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Nelson reported that the Lake Whatcom Watershed Analysis Plan, brought forward from
the Department of Natural Resources (DNR), is available for public review.
ADJOURN
The meeting was adjourned at 9:40 p.m.
Marina Mason, 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, 9/23/97, Page 10