HomeMy WebLinkAboutCouncil July 7 20091
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WHATCOM COUNTY COUNCIL
Regular County Council
July 7, 2009
Council Chair Seth Fleetwood called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Barbara Brenner
Bob Kelly
Sam Crawford
Carl Weimer
Laurie Caskey- Schreiber
L. Ward Nelson
Seth Fleetwood
FLAG SALUTE
ANNOUNCEMENTS
There were no announcements.
MINUTES CONSENT
Absent:
None
Weimer moved to approve the Minutes Consent Items.
Motion carried 7 -0.
1. SPECIAL COMMITTEE OF THE WHOLE FOR OCTOBER 28, 2008
2. SPECIAL COUNTY COUNCIL (9:15 A.M.) FOR NOVEMBER 4, 2008
3. SPECIAL COUNTY COUNCIL (10:50 A.M.) FOR NOVEMBER 4, 2008
4. SPECIAL COMMITTEE OF THE WHOLE FOR NOVEMBER 12, 2008
S. SPECIAL COUNTY COUNCIL FOR NOVEMBER 18, 2008
6. SURFACE WATER WORK SESSION FOR MAY 19, 2009
7. REGULAR COUNTY COUNCIL FOR MAY 26, 2009
8. COMMITTEE OF THE WHOLE FOR JUNE 9, 2009
9. REGULAR COUNTY COUNCIL FOR JUNE 9, 2009
10. SURFACE WATER WORK SESSION FOR JUNE 16, 2009
11. SPECIAL COUNTY COUNCIL AND PLANNING COMMISSION FOR JUNE 16,
2009
Whatcom County Council, 7/7/2009, Page 1
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PUBLIC HEARINGS
1. ORDINANCE AUTHORIZING PLACEMENT OF TEMPORARY STOP SIGNS ON
ABBOTT ROAD AT THE INTERSECTION OF THIEL ROAD AND
IMPLEMENTATION OF TEMPORARY ROAD WEIGHT RESTRICTIONS ON
PORTIONS OF ABBOTT, THIEL, AND VAN DYK ROADS (AB2009 -304)
This item was withdrawn from the agenda.
OPEN SESSION
Odai Johnson, 1210 Bowman Road, Acme, submitted information (on file). Quite a
number of people in the audience are here to talk about the Saxon Gravel Pit expansion
proposal. There are a few people who live out there. There is a list of 48 signatures, with
more to come. He described the topography, which is steep. There would be runoff
damage to key water sources. The headwater of the Samish River is inside this overlay
project. The water table will be affected. Everyone has a well. The proponent has done
five core samples for water. Four of them reached the water table in less than 20 feet. All
the resident wells are less than 20 feet deep. This is a rural area. He urges the County to
do an environmental review early on.
Crawford stated this has been docketed to go to the Planning Commission. This is
not a proposal to do gravel mining. This proposal is to reserve the area as a mineral
resource overlay, which simply designates that there is mineral potential for future use.
Caskey- Schreiber stated Mr. Johnson should also go to the Planning Commission
hearing.
Becky Robertson, 1165 Bowman Road, stated she urges the Council to do every
environmental study that is needed regarding the Saxon Gravel Pit proposal. She has lived
there 20 years. She was told they would never run out of water, but she ran out of water
within two years. She continues to save rainwater and conserve water. There are 20
homes on Durham Road and 20 or more homes on Bowman Road. She does not want to
lose water. She wants to continue to live there and use her water.
Brenner asked how deep Ms. Robertson's well is. Robertson stated it is 52 feet deep.
They have about 2 to 3 feet of water now.
Brenner asked what they did when it went dry. Robertson stated she got water from
the neighbors. She catches the rainwater and has learned to conserve and catch the
rainwater. She has done much to preserve her water.
Dennis Jones, 142 Windward Drive, Sudden Valley, stated the Council needs to check
into things regarding Lake Whatcom. He would like the Council to ask the Sudden Valley
Community Association Board of Directors to join the County Council in the letter regarding
the Northwest Straits Marine Conservation Initiative to Washington State's federal
legislators.
He also supports the land clearing timing as it is. It also supports the timing as it's
proposed in the Introduction Items.
Whatcom County Council, 7/7/2009, Page 2
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Last, the purchase of development rights (PDR) program is important if people are
going to down plat further. They need to compensate people for moving out of the
watershed.
Jack Hovenier, Holly and Associates and S.C. Goshen LLC, stated the subarea
committee asked for some type of mixed use zoning for his project in the ordinance
amending a portion of the official Whatcom County zoning map from Rural
Forestry (RF) to Urban Residential 4 (UR4) on 80 acres within the
Columbia/ Kendall Urban Growth Area (AB2009 -302). The only land in the Columbia
Valley urban growth area (UGA) not zoned compliant is his area, except for the land
designated light industrial. His land is the only land that is nonconforming. This application
is three years old. It's important to move forward now. The zoning must be consistent with
the UGA. He shouldn't be at a disadvantage with other land owners who have appropriate
zoning. He would be happy with any urban zoning. He is not asking for a short -term
planning area. He is asking for a long -term planning area, so that other issues can get
resolved.
Kevin Zender, 2181 Sutton Road, Everson, stated his 80 acres in the ordinance
amending a portion of the official Whatcom County zoning map from Rural
Forestry (RF) to Urban Residential 4 (UR4) on 80 acres within the
Columbia /Kendall Urban Growth Area (AB2009 -302) are relatively flat. He described
the location of the property. He thanked the Council for its work on this issue.
Heather Wolf, Attorney, stated the ordinance amending a portion of the official
Whatcom County zoning map from Rural Forestry (RF) to Urban Residential 4
(UR4) on 80 acres within the Columbia/ Kendall Urban Growth Area (AB2009 -302)
is purely a legal issue. They need to bring the zoning into compliance with the Growth
Management Act.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the Consent Agenda items.
Motion carried 7 -0.
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND EDUCATIONAL SERVICE
DISTRICT 105 FOR THE ANNUAL HIDTA GRANT AWARD FOR PARTIAL
FUNDING OF THE DRUG COURT COORDINATOR, IN THE AMOUNT OF $30,000
(AB2009 -310)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF ECOLOGY
AND WHATCOM COUNTY NORTHWEST STRAITS PROJECT: MARINE
RESOURCES COMMITTEE FOR GRANT FUNDING FOR ADMINISTRATIVE AND
ACTION PROJECTS, IN THE AMOUNT OF $235,544 (AB2009 -311)
OTHER ITEMS
Whatcom County Council, 7/7/2009, Page 3
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1. RESOLUTION DECLARING THE COUNTY COUNCIL'S GOALS FOR FARMLAND
PRESERVATION, ITS PRIORITIES FOR CONSIDERATION AND ADOPTION OF
POLICIES TO FURTHER FARMLAND PRESERVATION, AND REQUESTING THE
COUNTY ADMINISTRATOR TO ALLOCATE STAFF SUPPORT TO ACCOMMODATE
THIS IMPORTANT POLICY INITIATIVE (AB2009 -308)
Weimer reported for the Natural Resources Committee and moved to approve the
resolution.
Crawford stated he's given this a lot of thought. He is going to support the
resolution. However, he will take it at face value that this doesn't necessarily mean they
will go out there and downzone areas. It means they will look for creative, thoughtful, and
fair solutions for landowners. Balance the community's values of agricultural sustainability
and the interests of the property owners. That is very important. He will take the
arguments of other councilmembers at face value and believe in them.
Brenner stated an entire new resolution would have to come forward if it were a
downzone. It's not an issue. She is very comfortable with the minimum threshold for
agricultural land. Make sure all lands with really good soils are considered. Use small
acreage properties and niche agriculture as a buffer to larger agricultural operations with
more intensive uses. Every acre is important. Farming is diverse. The soil is the most
important thing.
Caskey- Schreiber stated she is thrilled that Councilmember Crawford has come to
the light. In the last ten years, the farm gate value has increased. The industry can
continue if the land base is protected. They have to work to get more. The County Council
can comment to the U.S. Department of Agriculture (USDA) about the change in the match
requirements to meet the purchase of development rights (PDR) program requirements.
She asked the Executive to have staff draft comments on things that the County would like
to change. The County Council would be more than willing to sign a letter asking the USDA
to reconsider its decision to not match Whatcom County funding of the PDR program. Also,
seriously consider bonding the conservation futures fund. Land prices are hitting record
lows. Farmers need equity right now. This is a pivotal time when they can make a
difference.
Pete Kremen, County Executive, stated he wholeheartedly supports the resolution.
He thanked the committees that worked on this. Agricultural land needs to be protected
and preserved. His political record shows he supports polices that enable agriculture to
survive and thrive. He commends the members of the agricultural community for their
recommendations.
Motion carried 7 -0.
2. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 6.04, ANIMAL
CONTROL, INCLUDING A NEW PROCESS FOR CONTESTED MEETINGS
(AB2009 -303)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Motion carried 7 -0.
Whatcom County Council, 7/7/2009, Page 4
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3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
COOPERATIVE AGREEMENT BETWEEN THE US ARMY CORPS OF ENGINEERS
AND WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT FOR
REHABILITATION OF A NON - FEDERAL FLOOD CONTROL WORK JOB NO. NSK-
4-09, IN THE AMOUNT OF $241,000 (AB2009 -309)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion
of the meeting.)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Motion carried 7 -0.
4. REQUEST REVIEW AND APPROVAL OF THE 2009 -2010 INTEGRATED
ROADSIDE VEGETATION MANAGEMENT PLAN (AB2009 -312)
Brenner reported for the Public Works and Safety Committee and moved to
approve the request.
Motion carried 7 -0.
S. ORDINANCE AMENDING A PORTION OF THE OFFICIAL WHATCOM COUNTY
ZONING MAP FROM RURAL FORESTRY (RF) TO URBAN RESIDENTIAL 4
(UR4) ON 80 ACRES WITHIN THE COLUMBIA /KENDALL URBAN GROWTH
AREA (AB2009 -302)
Crawford reported for the Planning and Development Committee. The committee
does not recommend approval.
Crawford moved to adopt the ordinance.
Caskey- Schreiber described the history of this proposal. This is resource land and is
in an urban growth area (UGA). She asked if resource land can be in a UGA. She asked
what it means to leave this land designated as a long -term planning area. She asked if they
can still apply some kind of transfer of development right (TDR), purchase of development
right (PDR), or impact fee if the Council adopts this into the Comprehensive Plan. She
asked if this is not the top priority area to remove from the UGA.
David Stalheim, Planning and Development Services Department Director, stated the
Growth Management Act does not allow resource lands in UGA's unless there is a transfer of
development rights program. Whatcom County kind of has a TDR program, but he doesn't
know if it would qualify. The TDR program is focused on Lake Whatcom and doesn't really
apply to the Columbia Valley area. This property is designated as an urban growth area,
not a resource land. Urban growth anticipates density of four units per acre as a minimum
residential density, so there is clearly a conflict between the zoning and the Comprehensive
Plan.
The application is in the long term planning area, so the density would be one unit
per five acres, not four units per acre. The owner would have to come back through the
process for consideration of four units per acre. At that point, they could consider a
development agreement for mitigation issues. He is troubled at this point about having a
Whatcom County Council, 7/7/2009, Page 5
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Comprehensive Plan policy in place on this application, versus an application to extend an
urban growth area. It's not very clear. To get to a density of four units per acre, the
applicant would clearly have to go through the Planning Commission again.
Regarding the priority, the Foothills Advisory Committee wanted to support the initial
recommendation. However, the committee recognized that staff had been doing a land
capacity analysis and the Council had done a population allocation that was less than its
recommendation. Therefore, the committee suggested areas that had other limitations,
which were focused on areas not within a utility service area and that had critical area
limitations. This property does not have those types of limitations.
Brenner stated she is going to support the motion. She is a strong proponent of
forest practices. Rural forestry is very important. However, this application evens out the
boundary, which has been scaled back. Also, she would be more concerned if there were
development limitations. Last, any urban development will have to come back for Council
approval.
Fleetwood stated he is going to oppose the ordinance because of the process. He
voted earlier to not include this area in the limited area of more intense rural development
(LAMIRD) or urban growth area. He will vote consistently. Also, the Council will make
decisions on UGA sizes later this year. This could be considered for a limitation. It's
premature to adopt this ordinance at this time.
Kelly stated this is clearly a conversion from forestry land to residential land. This
goes against protecting rural character.
Caskey- Schreiber stated she is going to support the ordinance. The conversion was
done when the area was included in the UGA. They are shrinking the UGA, but not in this
area, which has available services. It will remain in the long -term planning area until the
Council approves development. The Council should be able to extract mitigation funds to
protect other forestry resource lands or agricultural resource lands.
Weimer stated he is going to support the ordinance. He agrees with Councilmember
Caskey- Schreiber. He is concerned about the timing and whether they should first decide
the boundary of the urban growth area. At that point, they will know how much land they
need out there. It sounds like other properties are more appropriate for being removed
from the UGA. This property seems to have utility service. A zone with a density this low
should not be in the UGA.
Motion carried 5 -2 with Fleetwood and Kelly opposed.
6. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
DAVE REYNOLDS TO THE CHEMICAL DEPENDENCY/ MENTAL HEALTH
PROGRAM FUND OVERSIGHT ADVISORY COMMITTEE (AB2009 -313)
Caskey- Schreiber moved to approve the request.
Motion carried 7 -0.
CORRESPONDENCE APPROVAL
Whatcom County Council, 7/7/2009, Page 6
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1. APPROVAL OF LETTERS TO BE SENT TO SENATOR CANTWELL, SENATOR
MURRAY, AND REPRESENTATIVE LARSEN IN SUPPORT OF THE
REAUTHORIZATION OF THE NORTHWEST STRAITS MARINE CONSERVATION
INITIATIVE(AB2009 -027)
Caskey- Schreiber moved to approve the letters.
Motion carried 7 -0.
INTRODUCTION ITEMS
Crawford moved to accept the Introduction Items.
Motion carried 7 -0.
1. ORDINANCE ESTABLISHING A NO SHOOTING ZONE IN THE COLUMBIA
VALLEY URBAN GROWTH AREA (AB2009 -251A)
2. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, ON AN
INTERIM BASIS, TO MODIFY THE DATES OF SEASONAL RESTRICTIONS ON
CLEARING ACTIVITIES FROM SEPTEMBER 1 THROUGH APRIL 30 TO
OCTOBER 1 THROUGH MAY 31, AND IMPOSING A DEADLINE ON THE
ISSUANCE OF DEVELOPMENT PERMITS TO TWO WEEKS PRIOR TO THE
SEASONAL CLOSURE DATE IN THE WATER RESOURCE SPECIAL
MANAGEMENT AREAS (AB2009 -314)
3. RESOLUTION ADOPTING A BUDGET AND WORK PLAN FOR THE BIRCH BAY
WATERSHED AND AQUATIC RESOURCES MANAGEMENT DISTRICT FOR THE
REMAINDER OF 2009 (AB2009 -315)
4. ORDINANCE ESTABLISHING A YEW STREET ROAD CONSTRUCTION FUND
(AB2009 -316)
S. ORDINANCE FOR 2009 PROJECT BUDGET REQUEST #2 (AB2009 -317)
6. ORDINANCE AMENDING THE 2009 WHATCOM COUNTY BUDGET, EIGHTH
REQUEST, IN THE AMOUNT OF $2,624,307 (AB2009 -318)
7. RESOLUTION AMENDING THE 2009 WHATCOM COUNTY FLOOD CONTROL
DISTRICT BUDGET, FOURTH REQUEST, IN THE AMOUNT OF $29,020
(AB2009 -319)
S. ORDINANCE PROHIBITING, ON AN INTERIM BASIS, THE ILLEGAL AND
ILLICIT DISCHARGE OF HAZARDOUS MATERIALS AND NON - STORMWATER
RUN -OFF TO THE COUNTY'S MUNICIPAL SEPARATE STORM SEWER SYSTEM
(MS4) (AB2009 -320)
OTHER BUSINESS
Caskey- Schreiber reported for the Planning and Development Committee regarding
the discussion regarding the Urban Growth Area review process (AB2009 -052). A
Whatcom County Council, 7/7/2009, Page 7
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c
range of options will come forward mid - October. The Council and Planning Commission will
have a public hearing on those options on September 8, 2009. The Planning Committee will
begin discussions simultaneous with the Planning Commission, which should make an
official recommendation by the second County Council meeting in October. She continued
to describe the proposed timeline.
Fleetwood stated there was discussion with Chief Civil Deputy Prosecutor
Randall Watts regarding pending litigation (AB2009 -018) in executive session during
the Committee of the Whole meeting.
Crawford moved to authorize coverage for employees in the Donald Kelvin
litigation.
Motion carried 7 -0.
Brenner stated she attended the Public Defender Advisory Committee. She read the
case load standards. The case loads are above standard. The committee recommends that
the County Council talk about reestablishing the Law and Justice Council with a different
configuration. Work loads are okay, but District Court caseloads need to be reviewed. It's
getting tight. The department is doing an excellent job.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
There were no reports or other items from councilmembers.
ADJOURN
The meeting adjourned at 7:55 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on September 15 , 2009.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council &o.w hatcom .wa.us
Whatcom County Council, 7/7/2009, Page 8