HomeMy WebLinkAboutCouncil April 24 20071
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WHATCOM COUNTY COUNCIL
Regular County Council
April 24, 2007
Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington:
Present:
Barbara Brenner
Dan McShane
Sam Crawford
Seth Fleetwood
Laurie Caskey - Schreiber
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
None
Weimer announced that the following three items were discussed in the Committee
of the Whole meeting:
1. Discussion with Chief Civil Deputy Prosecutor Randall Watts regarding pending
litigation (AB2007 -017)
2. Update on open collective bargaining agreements (AB2007-207)
I Discussion regarding the hiring process for the Council's Planning and Policy
Analyst position (AB2007 -017)
SPECIAL PRESENTATION
PRESENTATION BY DR. ROBERT GIBE ON THE PROPOSED CHUCKANUT PARK
DISTRICT (AB2007 -208)
Robert Gibb stated they are trying to save the Chuckanut Mountain range from
development. The Cascade Chuckanut Conservation Plan is important. There are unique
features, properties, and geologies of the Chuckanut mountain range. The environment
upholds the economy of the northwest, according to one study. Tourism has brought $396
million to Whatcom County in 2005, which was a 9.5% increase over 2004. The future
industry for Whatcom and Skagit counties is going to be tourism and recreation if they keep
the attractions that bring folks here. Given the number of people who are predicted to
come here, as tourists and as residents, that property must be protected and managed or it
will be destroyed. They must save enough open space to accommodate the future
population. Don't count on the federal or state governments to do this for them. They
have 3,094 names on a petition to put the park district on the ballot in November.
A metropolitan park district allows multi - jurisdictions. They will partner with Skagit
County. After their petition is approved, they will go through a boundary review. They
Whatcom County Council, 4/24/2007, Page i
I have been helped tremendously by the Whatcom County Prosecutor's Office with legal
2 questions. A park district involving more than one jurisdiction hasn't been done before in
3 the State of Washington. There is a lot of enthusiasm for this district. Five commissioners
4 will govern this district. People can file for these positions during this election. If the
5 proposal doesn't pass, their election is moot.
6
7 Brenner asked why Dr. Gibb is making this presentation. They are allowed to do this
8 legally. Gibb stated this presentation is for their information. The only people who will vote
9 on it are the people within the proposed district. They are asking for a $.25 levy. The law
10 allows for a levy up to $.75. The assessed value of the property in the district is $2.5
11 million. It will generate about $625,000 per year. The advisory committee recommends
12 that 80 percent of the levy collected be for acquisition, ten percent for administration, and
13 ten percent for maintenance and development. The final decision will be made by the
14 elected commissioners.
15
16 Skagit County and Lake Samish folks were concerned that the City of Bellingham
17 residents would dominate because the majority of the revenue will be collected from city
18 residents. One commissioner will represent each of the following areas: City of Bellingham,
19 unincorporated Whatcom County, and Skagit County. The other two positions will be at-
20 large positions. Their biggest challenge will be finding dedicated, knowledgeable folks who
21 will spend their time and energy in managing this district, however his organization will not
22 promote one candidate over another.
23
24
25 MINUTES CONSENT
26
27 Caskey- Schreiber moved to approve Minutes Consent items one through five.
28 °
29 Motion carried unanimously.
30
31 1. SURFACE WATER WORK SESSION FOR MARCH 20, 2007
32
33 2. BOARD OF HEALTH FOR APRIL 3, 2007
34
35 3. SPECIAL COUNTY COUNCIL MEETING FOR APRIL 3, 2007
36
37 4. COMMITTEE OF THE WHOLE FOR APRIL 10, 2007
38
39 S. REGULAR COUNTY COUNCIL FOR APRIL 10, 2007
40
41
42 OPEN SESSION
43
44 The following people spoke:
45
46 Frank Eventoff, Skagit County, stated the Chuckanut Mountains is unique
47 geologically. It is the only place where the Cascade Mountains meet the sea. It is the
48 home of five mountain lakes. They have an opportunity to permanently protect a reserve
49 area for passive recreation and habitat conservation based on biological, ecological, and
50 recreational values. The use of the Chuckanut mountains should not be based on private or
51 industrial profit motives. The Chuckanut Mountain Park District plans to protect existing
52 mature forests, other sensitive habitat, and associated corridors for preservation and
53 restoration, including the connection to Larrabee State Park. The Chuckanut mountains
Whatcom County Council, 4/24/2007, Page 2
1 represent the largest remaining mature coastal mainland forest, including old growth,
2 between Vancouver B.C. and Olympia, Washington. It is the only coastal marbled murelet
3 nesting area in the greater Puget Sound region. They will protect fish, wildlife, and habitat.
4 If kept in tact, it won't be necessary to spend taxpayer dollars to restore the damage
5 incurred from industries such as logging. There are positive economic and recreation
6 benefits for leaving the range intact.
7
8 Virginia Watson, 2729 Jensen Road, stated the temporary moratorium removing the
9 lot cluster provision from the rural forestry zone is going to expire on May 21. It should be
10 on tonight's agenda for extension. Nothing has happened in the past six months. The
11 Council should discuss and vote on this item before the elections come in November. City
12 water is now being extended to the west side of Squalicum Mountain. This is contrary to
13 State law and the County Comprehensive Plan. They prohibit urban levels of services going
14 outside an urban growth area (UGA) or into the rural areas. Councilmembers have said that
15 urban services belong in urban areas. This isn't happening. The majority of the people in
16 the county want the forest preserved and protected. They don't want residences clustered
17 all over.
18
19 Gwen Hunter, 2540 Applejack Lane, Bellingham, stated Vineyard Drive, off of
20 Academy Road, has been widened, lengthened, and paved. She is shocked by the County
21 Planning Department's determination of non - significance (DNS) for this development. The
22 developer's wetland report makes no mention of Lake Whatcom. The developer also
23 reported that stormwater runoff will infiltrate into the soil. This development includes a
24 large paved road and significant runoff that will add to urban problems that are destroying
25 the drinking water source. Nowhere on the DNS form is a question that asks about the
26 impact of a proposed development to a city drinking water supply. The questions that are
27 on the form can be answered in a way to easily skirt the issue. Instruct the Planning
28 Department to include direct questions on its DNS application form that lead to a clear
29 description of a proposals impact on Lake Whatcom or any other reservoir. In the
30 meantime, halt and review the Vineyard Drive project, which is occurring in watershed lands
31 zoned rural forestry. She submitted a copy of the DNS (on file). There are other
32 inconsistencies between the activities stated in the form and what is actually happening.
33
34 Brenner stated the County Council can't instruct the Planning Department to do
35 anything. They don't work for the Council. They are administrative, and work for the
36 Executive. She doesn't know what development Ms. Hunter is talking about.
37
38 Hal Hart, Planning and Development Services Director, stated the development is
39 Vineyard Estates. At one point, they discussed a moratorium. Many people came in with
40 exempt divisions. They cut up the property into five -acre pieces. Now, they are seeing the
41 logical outcome of dividing the area into small five -acre pieces. These are the five -acre
42 exempt lots. They are gift exemption lots.
43
44 Brenner stated this is about five -acre lots, not clusters.
45
46 Bob Hollingsworth, 1877 Academy Road, Bellingham, stated he speaks on behalf of
47 the Squalicum Valley and Academy Hill groups. He questions how they can go down to two
48 and a half lots when the maximum is three lots, He also questions how they can put in an
49 asphalt road. Growth Management does not allow District 7 to pump water up there.
50 Homes are going in up there. Deforestation is going on. Regarding global warming, they
51 must do away with deforestation. However, the developers are doing a clear cut. They are
52 making a big profit to the disadvantage of those who use Lake Whatcom for drinking water.
53
Whatcom County Council, 4/24/2007, Page 3
Brenner asked why areas zoned rural, one unit per five acres (RSA) or rural forestry
zones have City water. Hart stated he will have to look into the situation.
Crawford stated Water District 7 purchases 100 percent of their water supply from
the City of Bellingham.
Brenner stated she thought this was all about not clustering, and that people were
fine with the existing zoning densities. This isn't anything different from that.
Hollingsworth stated that someone has somehow made parcels that are smaller than
five acres.
Brenner stated she would like to know from the Planning Department how there can
be a two and a half acre lot in an RSA zone.
Crawford stated platting and development is happening. The DNS is for 800 cubic
yards of fill- and -grade for the installation of a curtain drain. This is one little component of
a very big project. There is much more to the story. The Planning staff can give a
presentation on what's happening.
Sandra Carlson, Academy Road, stated there are two developments. The cluster
development was the Vineyard Development on top of the mountain. This one is on the
west side of the mountain.
She is opposed to what's going on at Squalicum Mountain. The elected officials can't
seem to follow the law. The Growth Management Act was enacted to enhance, conserve,
and protect rural and resource lands from bad planning. Prior to the Growth Management
Act (GMA) Squalicum Mountain was set aside in a general protection area. After the GMA,
the State's mandate was to protect resource lands, not let them be whittled away, which is
what's happening. The GMA prohibits storm and sanitary services outside of UGA's. This
cluster development requires these urban services. Over 200 people have signed a petition
to support the halt of cluster development at the top of Squalicum Mountain. Clustering is
prohibited in rural resource forest land. Despite legal challenges, that has been upheld.
Clustering is for urban growth areas, not resource lands.
Squalicum Mountain is a highly significant recharge for Lake Whatcom. Keeping the
mountain rural will protect that recharge area. Act in the best interests of the majority.
Don't cave in to the developers. Squalicum Mountain must be preserved for the future.
This issue was very important to loan Beardsley and many others in the watershed.
Dennis ]ones, 1487 Sudden Valley, stated he is a parks and watershed advocate. He
praised Dr, Bruce Roll for putting together the plan they have. In 1992, 21 goals were
established for Lake Whatcom. Dr. Roll turned those goals into policies and then into tasks
for which they can get funding. The best way to get funding for those plans is to create a
district.
Ricky Bates, 5848 Bow Street, Bow, Washington, stated he just found out about the
proposal to create a Chuckanut Mountain Park District from a flyer in his mailbox. He is
appalled that they are going to have more commissioners. Much Skagit County farmland
will be turned into a park. No information was put out to the property owners or the
common citizens in the county. He is opposed to the proposal. Those in Skagit County are
a minority to those in Whatcom County. He is not opposed to parks. He is in favor of
saving Blanchard Mountain. However, he is opposed to the words imminent domain and
Whatcom County Council, 4/24/2007, Page 4
1 levying more taxes. Many small taxes incrementally add up to a lot. He is concerned about
2 future property values of homes in the proposed district. Everyone he knows is very
3 opposed to this, If they are going to do this, leave Skagit County out of it.
4
5 Weimer stated the County Council has no jurisdiction over this. State law allows
6 residents to set up this district by a vote of the people.
7
8 Brenner stated that Mr. Bates should talk to the people who are working on this to
9 make sure that there are protections against his concern.
10
11 Fleetwood stated that imminent domain is compensated at fair market value, not
12 assessed value.
13
14 Kurt Russo, 3963 Squalicum Lake Road, Y- Squalicum Water Association Board of
15 Directors, submitted and read from his testimony (on file) and is opposed to Squalicum
16 Mountain development.
17
18 (Clerk's Note: End of tape one, side A.)
19
20 Russo continued to read his letter into the record.
21
22 Stephanie Russo, 3963 Squalicum Lake Road, Bellingham, stated she supports her
23 neighbors and friends regarding Squalicum Mountain. She enjoyed Dr. Gibb's presentation
24 on the Chuckanut Park District. Those arguments apply to Squalicum Mountain also. They
25 are afraid that the west side of Squalicum Mountain become all homes. This county and this
26 planet need forests. Make the clustering on rural forest land moratorium permanent. Lots
27 can still be developed at a density of rural, one unit per 20 acres (R20A) and drill a well.
28 The Planning Department is not acting responsibly to the laws and the voices of the people.
29
30 Brenner stated they can't do a permanent moratorium. They can keep a moratorium
31 in effect until they figure out whether or not clustering is appropriate in forestry areas. It
32 will take a while to decide whether or not they should remove the cluster provision.
33
34 McShane stated there are significant legal processes before a permanent zoning
35 change can take effect. What is in place is not a moratorium. It's an interim zoning change
36 that had to be done as an emergency to do the process in the short-term. It has to go
37 through the Planning Commission before coming to the Council. The Council can renew it
38 every six months as long as the County can show some progress. He explained the
39 process.
40
41 Johnnie Grames, Bellingham, stated the way to effect change in a democracy is by
42 voting. The electorate must have information. He is working for free television and public
43 access so that people in the community can express themselves.
44
45 Jack Petree, 2955 Sunset, Bellingham, stated he is not for or against the Chuckanut
46 Mountain Park District proposal. The Council will receive more input and be asked to do
47 more than they expect. He has a copy of the document and will bring it to the Council.
48
49
50 PUBLIC HEARINGS
51
52 1. ORDINANCE TO ESTABLISH THE COUNTY BOARD OF APPEALS AND TO SET
53 FORTH THE MAKE -UP OF THE BOARD, THE AUTHORITY, DUTIES AND
Whatcom County Council, 4/24/2007, Page 5
1 RESPONSIBILITIES THEREOF AND THE CRITERIA FOR APPOINTMENT
2 THERETO (AB2007 -193)
3
4 Sam Ryan, planning and Development Services Department, gave a staff report.
5 The Board of Appeals is being updated to reflect the new building codes called the I- Codes.
6 The County is no longer enforcing the Uniform Building Code (UBC) and has adopted the
7 International Building Codes (IBC) set of model codes. The membership will go from seven
8 full members to five full members and two alternates.
9
10 Weimer opened the public hearing and, hearing no one, closed the public hearing.
11
12 Nelson moved to adopt the ordinance.
13
14 Motion carried unanimously.
15
16 2. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS
17 PROPERTY PURSUANT TO WCC 1.10 (AB2007 -189A)
18
19 Weimer opened the public hearing and, hearing no one, closed the public hearing.
20
21 Nelson moved to adopt the ordinance.
22
23 Motion carried unanimously.
24
25
26 CONSENT AGENDA
27
28 Crawford reported for the Finance and Administrative Services Committee and
29 moved to approve Consent Agenda items one, two, and four through ten. Item three is
30 held in committee.
31
32 Motion to approve Consent Agenda items one, two, and four through ten
33 carried unanimously.
34
35 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
36 CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND THE GILMORE
37 RESEARCH GROUP TO CONDUCT BRFSS (BEHAVIORAL RISK FACTOR
38 SURVEILLANCE SYSTEM) PUBLIC HEALTH TELEPHONE SURVEY, IN THE
39 AMOUNT OF $29,127 (AB2007 -197)
40
41 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A FARM
42 LAND LEASE AGREEMENT WITH ]IM SNYDAR TO FARM APPROXIMATELY 80
43 ACRES WITHIN THE BOUNDARIES OF HOVANDER HOMESTEAD PARK IN
44 FERNDALE, WA, IN THE AMOUNT OF $3,000 FOR A 9 MONTH LEASE
45 (AB2007 -198)
46
47 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
48 CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND GALLATIN
49 GROUP IN THE AMOUNT OF $95,000 TO AID THE COUNTY EXECUTIVE WITH
50 INTERGOVERNMENTAL ADVOCACY SERVICES AT BOTH THE STATE AND
51 NATIONAL LEVEL (AB2007 -199)
52
Whatcom County Council, 4/24/2007, Page 6
1
4.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
2
AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE
3
UNIVERSITY TO PROVIDE SUPPORT FOR THE DELIVERY OF NUTRITION
4
EDUCATION FOR THE RESIDENTS OF WHATCOM COUNTY WHO ARE FOOD
5
STAMP ELIGIBLE, IN THE AMOUNT OF $26,436.83 (AB2007 -200)
6
7
5.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ALLOCATE 2163
8
FUNDING FOR THE CTED HGAP GRANT, BASED ON A RECOMMENDATION
9
FROM THE WHATCOM COUNTY HOUSING ADVISORY BOARD COMMITTEE
10
(AB2007 -201)
11
12
6.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO CONTRACT
13
AMENDMENT #3 BETWEEN WHATCOM COUNTY AND NORTHWEST
14
HYDRAULIC CONSULTANTS TO INCLUDE EVALUATING FLOOD HAZARD
15
REDUCTION ALTERNATIVES AND DEVELOPING FLOODPLAIN MAPS, IN THE
16
AMOUNT OF $128,000, FOR A TOTAL AMENDED CONTRACT AMOUNT OF
17
$328,000 (AB2007 -202)
18
19
7.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
20
INTERLOCAL LOAN AND GRANT AGREEMENT WITH THE CITY OF FERNDALE
21
UTILIZING EDI PROGRAM FUNDING (FROM THE PUBLIC UTILITIES
22
IMPROVEMENT FUND) FOR USE IN THE CITY OF FERNDALE'S CENTENNIAL
23
RIVERFRONT PROJECT, IN THE AMOUNT OF $1,530,900 INCLUDING
24
$504,900 IN GRANT FUNDING (AB2007 -203)
25
26
S.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #07 -31 TO
27
SOLE BIDDER HYDRA PLATFORMS MANUFACTURING, INC. FOR THE
28
PURCHASE OF AN UNDER - BRIDGE PLATFORM INSPECTION TRAILER, IN THE
29
AMOUNT OF $154,741 (AB2007 -204)
30
31
9.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #07 -20 TO
32
ALL BIDDERS FOR INCLUSION ON THE ON -CALL CONTRACTOR/ EQUIPMENT
33
LIST TO BE USED ONLY SHOULD A SPECIFIC NEED ARISE (AB2007 -205)
34
35
10.
RESOLUTION AMENDING CRP NO. 904018 FOR INNIS CREEK ROAD BRIDGE
36
NO. 126 CONSTRUCTION AND REQUEST AUTHORIZATION FOR THE
37
EXECUTIVE TO APPROVE AWARD OF CONTRACT TO WILDER
38
CONSTRUCTION, AS LOW BIDDER IN THE AMOUNT OF $399,487 (AB2007-
39
206)
40
41
42
OTHER ITEMS
43
44
1.
ORDINANCE AMENDING THE 2007 WHATCOM COUNTY BUDGET, FOURTH
45
REQUEST, IN THE AMOUNT OF $1,566,525 (AB2007 -191)
46
47
Crawford reported for the Finance and Administrative Services Committee and
48
moved to adopt the ordinance.
49
50
Motion carried unanimously.
51
52
2.
APPROVAL OF A PRELIMINARY LONG PLAT EXTENSION REQUEST FILED BY
53
LOIS MEYERS (AB2007 -194)
Whatcom County Council, 4/24/2007, Page 7
1
2
Fleetwood reported for the Planning and Development Committee and moved to
3
approve the extension.
4
5
Motion carried unanimously.
6
7
3.
RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN SPACE /TIMBER
8
APPLICATIONS (AB2007 -192)
9
10
Fleetwood reported for the Planning and Development Committee and moved to
11
approve the resolution.
12
13
Motion carried unanimously.
14
15
4.
APPOINTMENT TO FILL A VACANCY ON THE FLOOD CONTROL ZONE
16
DISTRICT ADVISORY COMMITTEE, ALTERNATE POSITION, APPLICANT IS
17
JUDY SANDE (COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT
18
BOARD OF SUPERVISORS) (AB2007 -19S)
19
20
Caskey - Schreiber moved to appoint Judy Sande.
21
22
Motion carried unanimously.
23
24
S.
APPOINTMENT TO FILL A VACANCY ON DIKING DISTRICT #3 (VACANCY
25
DUE TO RESIGNATION APPLICANT), APPLICANT IS A. STRICKLAND
26
(AB2007 -1S7)
27
28
Brenner moved to appoint B. A. Strickland.
29
30
Motion carried unanimously.
31
32
6.
REQUEST CONFIRMATION OF COUNTY EXECUTIVE KREMEN'S APPOINTMENT
33
OF CHARLES P. SMAY TO THE DEVELOPMENT STANDARDS TECHNICAL
34
ADVISORY COMMITTEE (TAC) (AB2007 -209)
35
36
Brenner moved to confirm the appointment.
37
38
Motion carried unanimously.
39
40
7.
REQUEST CONFIRMATION OF COUNTY EXECUTIVE KREMEN'S APPOINTMENT
41
OF LYNNEA FLARRY TO THE WHATCOM COUNTY PARKS & RECREATION
42
COMMISSION (AB2007 -210)
43
44
Brenner moved to confirm the appointment.
45
46
Motion carried unanimously.
47
48
S.
REQUEST CONFIRMATION OF COUNTY EXECUTIVE KREMEN'S APPOINTMENT
49
OF KAREN BURKE AND JOY MONJURE TO THE BELLINGHAM- WHATCOM
50
COUNTY COMMISSION AGAINST DOMESTIC VIOLENCE (AB2007 -211)
51
52
Caskey - Schreiber moved to confirm the appointment.
53
Whatcom County Council, 4 /24/2007, Page 8
I Motion carried unanimously.
2
3
4 INTRODUCTION ITEMS
5
6 Brenner moved to accept the Introduction Items.
7
8 Motion carried unanimously.
9
10 1. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION REGARDING
11 OCEAN POINTE CONDOMINIUMS, (APL07 -0007, SEPO5- 00161, & CUP05-
12 0021), FILED BY JONATHAN SITKIN ON BEHALF OF WHATCOM COUNTY FIRE
13 DISTRICT NO. 21 (AB2007 -179)
14
15 2. ORDINANCE AMENDING WHATCOM COUNTY CODE 16.32, REGULATIONS
16 FOR FERTILIZER APPLICATION ON RESIDENTIAL LAWNS AND PUBLIC
17 PROPERTIES WITHIN THE LAKE WHATCOM AND LAKE SAMISH WATERSHEDS
18 (AB2007 -196) (HEARING TO BE SCHEDULED)
19
20 3. ORDINANCE ADOPTING, ON AN INTERIM BASIS, REGULATIONS RELATED TO
21 DENSITY, LOT CLUSTERING, AND RESERVE TRACTS FOR THE UR AND URM
22 ZONING DISTRICTS IN THE BELLINGHAM URBAN GROWTH AREA (AB2007-
23 212)
24
25
26 OTHER BUSINESS
27
28 There was no other business.
29
30
31 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
32
33 Caskey- Schreiber reported on the community center in the Kendall area. The County
34 must spend the first allotment before the State will grant more. She would like to work with
35 the County administration to make a plan and begin implementation this year.
36
37
38 ADJOURN
39
40 The meeting adjourned at 8:14 p.m.
41
42
43
44 Jill`�i1x t,• Ae r E iption
45 O • •
46 V; •l�e �Vts these minutes on May 8 , 2007.
47
48 A�FTEJT- STA OF WHATCOM COUNTY COUNCIL
49 ; .9 WHATCOM COUNTY, WASHINGTON
50
52
53 Dana Br GGf�Hct�IL� ouncil Clerk Carl Weimer, Council Chair
Whatcom County Council, 4/24/2047, Page 9