HomeMy WebLinkAboutCouncil April 6 20041
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Regular County Council
April 6, 2004
Council Chair Dan McShane called the meeting to order at 7:00 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner L. Ward Nelson
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Sharon Roy
FLAG SALUTE
ANNOUNCEMENTS
McShane announced there was discussion with Senior Deputy
Prosecutor David Grant regarding BP (AB2004 -018) in executive session
during the Committee of the Whole meeting. He was absent during the discussion.
(Clerk's Note: The Council continued discussion of and action on this item at
the end of the meeting under Other Business.)
McShane also announced there was discussion with Public Works
Director Jeff Monsen regarding a possible land acquisition (AB2004 -018) in
executive session during the Committee of the Whole meeting.
MINUTES CONSENT
Brenner moved to approve the Minutes Consent items, including the two
substitute pages.
Motion carried unanimously.
1. SPECIAL COUNTY COUNCIL (MASTER FACILITIES PLAN) FOR MARCH
9, 2004
2. WATER RESOURCES WORK SESSION FOR MARCH 16, 2004
Whatcom County Council, 4/6/2004, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
3. SPECIAL COUNTY COUNCIL (MASTER FACILITIES PLAN) FOR MARCH
16, 2004
4. SPECIAL COUNTY COUNCIL (BIRCH BAY SUBAREA PLAN HEARING)
FOR MARCH 16, 2004
S. COMMITTEE OF THE WHOLE FOR MARCH 23, 2004
6. REGULAR COUNTY COUNCIL FOR MARCH 23, 2004
7. SPECIAL COMMITTEE OF THE WHOLE FOR MARCH 30, 2004
OPEN SESSION
The following people spoke:
Dennis Jones, 1487 Sudden Valley, thanked those who represented the
community at the State Department of Natural Resources (DNR) Board of Natural
Resources meeting today. They have an opportunity for sustainable forestry in the
watershed. Private logging in the watershed is a disaster, including areas at Agate
Bay, Glenhaven, and Lake Louise Road at gate 13 of Sudden Valley. Consider a
third alternative from the City regarding a public utility.
Gary Lysne, 2472 Northshore Road, stated he attended a City County Lake
Whatcom Watershed and Land Acquisition Citizen Advisory Board Meeting. Patricia
Hernandez from the City gave a short report regarding land acquisition. He has the
following questions for her. He asked the County Council to look into these
questions on his behalf. He filled out a public disclosure form requesting this
information from the City.
The City has been purchasing property in the county, taking it off their tax
roles. He asked for information about short- and long -term goals and a mission
statement; the number of acres purchased in both the city and county; the amount
of money that has been spent, and; the amount of County tax and revenue that is
being lost by property being purchased by the City. The City is buying property in
Sudden Valley, which is in the county. The watershed has 29,000 to 33,000 acres.
He's heard that the City wants to purchase 15,000 acres that would be taken off the
tax roles.
Dick Bedlington, 6937 Holeman Avenue, Blaine, stated he has applied to be a
member of Diking District 1. He farms about 2,000 acres in the Lynden and
Ferndale areas. He farms 1,000 acres and owns 60 acres in the diking district area.
He helped form Diking District 4, and has been a member of that district. He is also
a member of Drainage District 1. He's been involved in drainage and diking district
issues, and can contribute to Diking District 1.
Whatcom County Council, 4/6/2004, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Leonard Lindstrom, City, stated home and schools are their first and last line
of prevention against a godless society. Schools must give top priority to speaking
and speech and the proper use of rights and freedoms. If they don't use their rights
and freedoms right, it is disruptive.
Frank Moser, Diking District 1, stated he recommends appointing Bob Imhof
to Diking District 1. He's been on the Diking District 1, a federal diking district,
since it originated. He'd like to see someone on the commission who lives there.
During floods, the members should be close. He doesn't live there anymore, and
will not be in the district anymore. Half of the district belongs to the reservation.
Lincoln Rudder, 8373 Semiahmoo Drive, stated there was a hearing in 1996
where the Growth Management Hearings Board found the County out of compliance
with the Growth Management Act on the size of the Birch Bay urban growth area
(UGA). Get a copy of the settlement agreement. There may be a precedent that
would affect the current proposal to potentially downzone the UGA. The settlement
agreement called for a distinction between short- and long -term UGA's as a method
of mitigating against the irrational size of the UGA. Be aware of the precedent.
The Semiahmoo South planned unit development (PUD) was voluntarily
withdrawn by the applicant because of wetland acres within the area of the PUD.
Before the County now is an application to convert that same acreage to pasture
land. The State Department of Natural Resources (DNR) forest practice applications
state that the only way to mitigate against wetland degradation in a clear cut
situation is by reforestation, which was scheduled to take place the spring after the
harvest. However, two years have elapsed. In June, the DNR is scheduled to
commence enforcement proceedings. This issue of downzoning the size of the UGA
and Birch Bay Community Plan is timely. It could compel the DNR to enforce
application and get that area reforested. The issue of downzoning affecting water
quality is important. Both Sylvia Goodwin and Hal Hart can work with the Council
on that issue. There is an Environmental Protection Agency (EPA) presentation that
describes the fact that the absence of forest canopy due to a clear cut increases
runoff by 35 percent, which destroys the aquifer.
There's nothing in the United States Constitution or the Fifth Amendment that
grants any American the right to subdivide his or her land. The concept of
preservation of property is entirely different from the future right to subdivide land.
Land use planning is appropriate to do these sorts of downzones.
Cathy Berg, 7585 Sterling Avenue, Birch Bay, stated she would speak about
the James Way right -of -way access to the beach. A while ago, the County Council
voted to deny public access vacation. The Council specifically said that public
access should remain at that end of James Way. In the last week, the entire parcel
has been cleared and leveled. A portable chain link fence continues to block the
access to the beach. A sign on the fence says, "Construction Area - Keep Out."
This is unacceptable. Look into the situation and see to it that the Council's will is
implemented.
Whatcom County Council, 4/6/2004, Page 3
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Bob Imhof, 2287 Slater Road, Ferndale, stated he is one of the applicants to
the Diking District 1 vacancy. He has lived in the diking district area all his life. He
owns 160 acres of the family farm. His father was one of the original diking district
members. They have dealt with tribal issue through the diking district for 54 years.
He has a good working relationship with the tribe. He is interested in serving. He's
worked on many flood events.
Patrick Alesse, 4825 Alderson Road, Birch Bay, stated people have been
asking him about what is happening at James Way. He recently saw survey stakes
near the area. It looks like there might be a four -foot wide path to the water, but
he doesn't know. There has been some construction near beach access. In 1912,
Morrison and others put together a project there. That property was to be the
right -of -way for residents to go to the beach reserve, which was part of the
promised property. Somehow, that property got swallowed up a few years ago.
The Birch Bay Chamber of Commerce asked the County Council a few years ago to
purchase the property. That would have been much simpler. People don't know
what's happening. When they look at the old platted areas, the beach reserve, lots
off the beach, and rights -of -way was good planning, but it went away.
Joe Rutan, County Road Engineer, stated there is a fence placed across the
right -of -way at the beach access on James Way. The request for a vacation was
denied last year. He asked the Engineering Division's land surveyor to look into
that fence and why it's there. It seems to be a temporary situation. He was
surprised to see the fence and understands that it shouldn't be there. He will look
into the issue and keep the Council informed. It is a public right -of -way for public
access.
Robert Burke stated he no longer has a residence. He is a victim of police
misconduct here and elsewhere. This problem seems to be escalating. The hardest
thing is to convince people that the problem exists. Law enforcement agencies have
existed in the country for 230 years, and know a lot of ways to hurt and harm
people in addition to solving real crimes. There is a need for an independent
agency, outside of internal affairs offices, to look into police and sheriff misconduct
in this and other cities. The misconduct does happen and people are victimized.
The police do not police themselves. Create an independent agency to look into the
problem.
Lynn Barton, Bellingham, stated that she agreed that the previous speaker
has a valid point. She's talked to others who have mentioned this problem. She
described three incidents that happened to her. In one case involved an
unconfirmed federal agent of the Treasury Department who came to her door asking
questions about her neighbors. In another incident, an Iranian friend, who is a
community resident and homeowner, was detained for three hours while coming
home from Vancouver, British Columbia. Questionable things happened during that
detention. A third incident happened a year ago in Sumas while she was trying to
find the library. A helicopter had been tracking her as she looked for the library.
Whatcom County Council, 4/6/2004, Page 4
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
She really recognized what the community up there goes through. She wonders if
they need to take a closer look at how all this affects the residents in that area. It
affects the quality of life for a lot of people. She will provide more detail in a letter
to the Council.
PUBLIC HEARING
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 12.44 TO CLARIFY
PROCEDURES FOR FILING OF APPLICATION SUMMARIES AND OTHER
MISCELLANEOUS CLARIFICATIONS (AB2004 -104)
Joe Rutan, County Road Engineer, gave a staff report and stated there are
three key changes. The first two key changes are to Whatcom County Code (WCC)
subsection 12.44.040 regarding when the application summary must be recorded
and how the assessment shall be made for residential zoning within the assessment
area. The third key change is to WCC 12.44.080 regarding the County permit
approvals that trigger the assessment collection. There are other changes that
clean up the ordinance.
McShane opened the public hearing, and hearing no one, closed the public
hearing.
Brenner moved to adopt the ordinance.
Roy stated she understands that this new language will satisfy most of the
community members who are dissatisfied with this process.
Brenner stated it will help those in the future. It won't do anything for the
Mission Road people.
Crawford stated the folks who would be discouraged by this are the
developers. They've raised the bar for triggering the assessment to single - family
residences or commercial or industrial development. Before this, the trigger was
only a building permit. The developer's opportunity for reimbursement will be less.
However, the Council has realized real challenges in latecomers agreements. This
change is a step forward. The program so far has not been successful. There have
only been a few agreements and all have been problematic. A benefit to the
different assessment trigger is that all property owners should be included in the
assessment area. It will still be up to the developer to create the proposal, but it
shouldn't be a jigsaw pattern like it has been. Everyone in the area will be
included, but someone must burden the road before the assessment is triggered.
Caskey- Schreiber asked if there is something requiring a note on the deed if
there is a pending latecomer agreement on undeveloped land.
Whatcom County Council, 4/6/2004, Page 5
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Rutan stated the preliminary assessment area would be recorded. The
Council can accept, deny, or change the assessment area. The intent is for
notification, but if the area is changed, there could be a situation of non -
notification.
Brenner stated the Council has the option of taking out parcels, but can't put
more parcels in the assessment area.
Motion carried unanimously.
2. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST NUMBER 01 -04 (AB2004 -141A)
Steve Oliver, Chief Deputy Treasurer, gave a staff report and stated the
Treasurer is asking that the County Council authorize the sale of 73 Sudden Valley
parcels as a single lot, with the restrictive covenant in place.
McShane opened the public hearing and the following people spoke:
Zane Welty, 425 Chuckanut Drive North, Bellingham, asked that the lots be
sold individually or in smaller packets to generate more income for the County.
This would allow lower income people in the area the opportunity to buy property.
Hearing no one else, McShane closed the public hearing.
Caskey- Schreiber stated the speaker made good points. However, the
County, City of Bellingham, Water District 10, and Sudden Valley are working
together to buy the development rights on these lots, which are good target areas
for density reduction. They have proximity to streams and sensitive areas, or
Sudden Valley will trade other more sensitive lots for these. This agreement took a
long time to craft by Erika Stroebel. Reducing density in the watershed has a
benefit to everyone because it reduces the human impact, which results in pollution
and increased trips on the roads that parallel the lake. She supports this sale.
Otherwise, she supports the speaker in getting more money for the County.
However, that is not the goal of this sale. The goal is to work with the Sudden
Valley community to reduce density.
Caskey- Schreiber moved to approve the resolution.
Crawford agreed with Councilmember Caskey- Schreiber. This is a unique
opportunity to protect Lake Whatcom. This is not the normal tax title procedure of
the County. Today in Finance Committee there were four lots in the Birch Bay area
that will go through the normal hearing and auction process. He agreed with the
speaker that the tax title sales do present some unique opportunities for some
folks.
Motion carried unanimously.
Whatcom County Council, 4/6/2004, Page 6
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee
and moved to approve Consent Agenda items one through five.
Motion carried unanimous /y.
1. RESOLUTION SETTING THE HEARING TO SELL TAX -TITLE PROPERTY
BY PUBLIC AUCTION, REQUEST 02 -04 (AB2004 -151)
2. RESOLUTION SETTING THE HEARING TO SELL TAX -TITLE PROPERTY
BY PUBLIC AUCTION, REQUEST 03 -04 (AB2004 -152)
3. RESOLUTION SETTING THE HEARING TO SELL TAX -TITLE PROPERTY
BY PUBLIC AUCTION, REQUEST 04 -04 (AB2004 -153)
4. RESOLUTION SETTING THE HEARING TO SELL TAX -TITLE PROPERTY
BY PUBLIC AUCTION, REQUEST 05 -04 (AB2004 -154)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A
DECLARATION OF COVENANTS AND RESTRICTIONS FOR WETLAND
MITIGATION AREAS — HOVANDER COUNTY PARK (AB2004 -155)
OTHER ITEMS
1. DISCUSSION AND POSSIBLE APPROVAL OF RECOMMENDATIONS OF
THE FINAL DRAFT OF THE SALMON RECOVERY INTERLOCAL
AGREEMENT BETWEEN THE LUMMI NATION, NOOKSACK TRIBE,
WASHINGTON STATE DEPARTMENT OF FISH AND WILDLIFE,
WHATCOM COUNTY, AND THE CITIES OF BELLINGHAM, BLAINE,
EVERSON, FERNDALE, LYNDEN, NOOKSACK, AND SUMAS (AB2004-
115A)
Roy reported for the Natural Resources Committee and stated this item is
held in committee for two weeks.
2. DISCUSSION REGARDING WRIA 1 WATERSHED MANAGEMENT
PROJECT (AB2004 -025A)
Roy reported for the Natural Resources Committee and stated these items
will be discussed further in next week's Water Resources work session.
(Clerk's Note: End of tape one, side A.)
Whatcom County Council, 4/6/2004, Page 7
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
McShane stated the Public Utility District has asked to meet with
councilmembers. He asked if that is related to these items.
Roy stated it is related to the items requested for funding. The
administration is working on setting overall goals and priorities. The draft
implementation plan is a draft. They'll have to discuss a lot what is the most
important thing to fund. They have no money for action items now.
3. ORDINANCE AMENDING WHATCOM COUNTY CODE 1.08.060,
INITIATIVE, REFERENDUM, AND RECALL — FORM OF PETITION
(AB2004 -145)
Crawford reported for the Finance and Administrative Services Committee
and moved to adopt the ordinance.
Caskey- Schreiber asked if petitions currently in process will still be accepted.
Roy stated they will be accepted.
Motion carried unanimously.
6. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
ZONING ORDINANCE, TITLE 20, TO SPECIFY WHERE PARKS AND
RECREATION FACILITIES ARE PERMITTED IN VARIOUS ZONING
DISTRICTS (AB2004 -137)
Fleetwood reported for the Planning and Development Committee and
moved to adopt the ordinance.
Motion carried unanimously.
S. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE
PLAN TEXT AND MAP REGARDING THE BIRCH BAY URBAN GROWTH
AREA (AB2004 -122)
Fleetwood reported for the Planning and Development Committee and stated
this is held in committee until the Birch Bay Community Plan is adopted.
4. ORDINANCE ADOPTING THE BIRCH BAY COMMUNITY PLAN (AB2004-
121)
Fleetwood reported for the Planning and Development Committee and stated
this item was amended and recommended for approval. Two of the amendments
recommended by committee are to remove two areas of the northern Birch Bay
area from the urban growth area (UGA), which are the Birch Point area south of
Lincoln Road and west of Birch Bay Village and a wetland surrounded by Shintaffer,
Lincoln, Harborview, and Anderson roads.
Whatcom County Council, 4/6/2004, Page 8
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
McShane suggested that Council vote on those amendments tonight so that
the effect elsewhere in the plan can be considered and the public can have an
opportunity for input.
Fleetwood stated the community requested that the County Council public
hearing be held after the April 28 Birch Bay Steering Committee meeting.
Caskey- Schreiber stated she wants to remove the Birch Point area for
environmental reasons and also because it would be costly to service. There is a
significant wetland area, an aquifer recharge area, has steep slopes, is significant
for the herring population, and is home to bird populations. In committee it was
mentioned that removing the area from the UGA would be a downzone. However,
it is not a downzone. The current zoning is rural, one unit per five acres (R5A) and
converts to urban residential, four units per acre (UR -4) if sewer is installed in the
area.
Sylvia Goodwin, Planning Division Manager, stated the current zone is UR -4,
which is held at a density of R5A until sewer comes to the area. The zone is
currently UR -4.
McShane asked if the density would remain at R5A and the sewer would not
come to the area if removed from the UGA. Goodwin stated that if the Council
removes the area from the UGA, it would also want to downzone the area to R5A
instead of leaving it UR -4, because urban zoning is not appropriate outside a UGA.
Caskey- Schreiber stated they should keep the current practical density of
R5A in this area. It will be really susceptible to erosion and shoreline instability.
Every time they take away pervious surface, water hits the cliffside faster. It would
behoove the community to treat that area differently.
Regarding the other amendment from committee to remove wetlands from
the UGA, that area is about 80 percent critical area wetlands. It doesn't make
sense to designate that area for development when there really isn't a way to
develop. Don't risk that area. It is one of last natural filtration systems in the area
before the water goes to Birch Bay. There is dense housing around two sides of the
wetland right now. Wetlands are valuable for filtering stormwater runoff.
Sacrificing wetlands will be detrimental to the bay. She asked the acreage of the
wetlands. Goodwin stated the acreage is approximately 220 acres. The Birch Point
acreage is approximately 300 acres.
McShane stated he supported the proposal to remove the wetland area from
the UGA.
Fleetwood moved to amend the Birch Bay Community Plan figure 8 -4 on
plan page 8 -22, to remove everything in the Birch Point urban growth area (UGA)
Whatcom County Council, 4/6/2004, Page 9
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
south of Lincoln Road and west of the north -south boundary of Birch Bay Village,
extending from Birch Bay to Lincoln Road.
Brenner stated she supported the motion, however she wants to hear from
community members about the proposal and where the density should be
transferred.
Roy stated she would preliminarily vote against the motion. She watched
the Birch Bay Steering Committee try to fit the incredible growth that is happening
and will continue to happen in the urban growth areas they inherited. However, the
Birch Point neighborhood was represented at all the steering committee meetings.
She is reluctant to vote on something that has this big of an impact on the entire
density distribution without hearing from the steering committee. She appreciates
the environmental concerns, which are real and significant. She would rather hold
her vote for this motion and support the plan the way it came from the community
until after the hearing.
McShane stated he had concerns about the near -shore habitat and fiscal
impacts of dealing with stormwater and runoff issues in the future.
Fleetwood moved to adopt the ordinance.
Fleetwood restated the motion to amend the Birch Bay Community Plan
figure 8 -4 on plan page 8 -22, to remove everything in the Birch Point urban growth
area (UGA) south of Lincoln Road and west of the north -south boundary of Birch
Bay Village, extending from Birch Bay to Lincoln Road.
Motion to amend carried 4 -2 with Crawford and Roy opposed,
Fleetwood moved to amend the Birch Bay Community Plan figure 8 -4 on
plan page 8 -22, to remove from the UGA the area east of Shintaffer Road, south of
Lincoln Road, west of Harborview Road, and north of Anderson Road.
Brenner stated she would support this item for the same reason she
supported the previous motion to amend, but she still wants to hear from the
community.
Roy stated she would not support this item for the same reasons she did not
support the previous motion. She is concerned about the absorption of the density
from these areas they are removing from the UGA. She supports having a corridor
between different UGA's. She asked if there is any way they can look at having
corridors that are green spaces or bicycle paths that would retain the rural flavor
between the UGA's without taking out an entire area.
McShane stated it might be more appropriate to have that buffer to the north
because of the sewer service. It is an issue they should explore.
Whatcom County Council, 4/6/2004, Page 10
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Roy stated the Council may need to work with the City of Blaine, which is
half of the problem.
Motion to amend carried 4 -2 with Roy and Crawford opposed,
Caskey- Schreiber stated the Birch Bay Steering Committee will comment on
where they need to increase density to make up for the density that has just been
removed from the UGA. She asked staff to also provide options.
Roy stated many hours were spent on the plan looking at how the population
projections will fit into the UGA. She understands that the County is required to fit
the population projection into the UGA somewhere.
Crawford asked to be notified of the upcoming Birch Bay Steering Committee
meeting that will discuss these amendments.
McShane moved to removed from the UGA the Point Whitehorn area south
of Grandview Road, but leaving in the existing waterfront development at the end
of Koehn Road. It's an area of statewide significance and is part of what makes
Birch Bay special for everyone in the county. It might not make good sense to
develop that area heavily. The location is next to the most significant herring
spawning grounds in the Puget Sound.
Roy stated it is also right next to the heavy industrial area, which puts out 50
tons of toxins per year. She's not persuaded that this one piece will have a big
impact. She feels strongly that the people in the Point Whitehorn community are
very connected with Birch Bay. She can't support cutting off that one piece, and is
not sure of the benefit of doing so. Those lots are for sale. She asked if they are
already platted. Goodwin stated there are large parcels south of Grandview with
pending subdivisions. Each tract could have 30 houses if they are further platted.
If the amendment is passed and the area is downzoned, they can't be platted more
than one house per five acres.
McShane stated the area is outside the Birch Bay Water and Sewer District
service area. The sewer district said it would need to add tanks and pressure
pumps to get above an elevation of 100 feet, which this area is. The area is outside
the boundary of a water association that is located nearby.
Caskey- Schreiber stated she values the near -shore area. They have to do
what they can for the unstable slopes. This is a significant shoreline with steep
slopes, herring, wetlands, and an aquifer recharge area. She supports the motion
to amend.
Brenner stated she can't support another removal at this point. She might
be convinced to do so at the public hearing. They've just about gutted the entire
area right now. She's not going any further.
Whatcom County Council, 4/6/2004, Page 11
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Roy stated the Birch Bay Water and Sewer District was an integral part of the
planning process. If there was a problem with this area being in the UGA, they
would have brought it up. The district let the steering committee know of any
problem that came up.
Fleetwood asked about designating this area as a limited area of more
intense rural development (LAMIRD) and whether the motion needs to identify the
area presently developed.
McShane stated they will figure out later whether LAMIRD's need to be
designated.
Motion to amend failed 3 -3 with McShane, Fleetwood, and Caskey -
Schreiber in favor.
McShane stated the other committee amendments made were small, so the
Council will leave them for now.
Caskey- Schreiber asked if Councilmember McShane will drop his proposal to
remove from the northeast corner of the UGA. She wants the opportunity to vote
against that proposal.
McShane stated he won't bring it forward at this time. The amendments just
made have been adopted to the current draft plan. They will be added to the plan
that will eventually have a public hearing. There may be other amendments from
the Planning Committee.
Fleetwood stated that in two weeks the Planning Committee will take up the
question of how to redistribute the density that has been removed.
McShane stated this item will go back to the Planning Committee.
Roy stated staff is critical for coming up with density alternatives. This is an
extremely complex process. One community meeting is not going to solve the
problem. Staff will really have to work on this.
Caskey- Schreiber stated she asked staff to provide options that could be
forwarded to the steering committee. One option may be to expand the UGA in a
more appropriate area.
Caskey- Schreiber stated she talked to Ms. Goodwin about the concept of
transfers of development rights (TDR's) and why the Council needs to plan for the
entire population projection. It seems like they're giving something away if they
already target their high density areas.
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7. APPOINTMENT TO DIKING DISTRICT #1 VACANCY DUE TO
RESIGNATION, APPLICANTS: DICK BEDLINGTON, ROBERT IMHOF,
ED TOMLIN (AB2004 -139)
Brenner nominated Dick Bedlington.
Crawford nominated Bob Imhof.
Crawford voted for Imhof.
Fleetwood voted for Bedlington.
McShane voted for Imhof.
Brenner voted for Bedlington.
Caskey- Schreiber voted for Bedlington.
Roy voted for Bedlington.
Dick Bedlington was appointed.
8. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
LARRY DAUGERT TO THE BICYCLE/ PEDESTRIAN ADVISORY
COMMITTEE (AB2004 -156)
McShane moved to confirm the appointment.
Motion carried unanimously.
9. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
DEBORAH ANN FREDERICK TO THE WHATCOM COUNTY MENTAL
HEALTH ADVISORY BOARD (AB2004 -157)
Brenner moved to confirm the appointment.
Motion carried unanimously.
10. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
CRAIG PARKINSON AND BRET BEAUPAIN TO THE DEVELOPMENT
STANDARDS TECHNICAL ADVISORY COMMITTEE (TAC) (AB2004 -158)
McShane moved to confirm the appointments.
Motion carried unanimously.
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11. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
CANDY PETERSON, RICHARD EMERSON AND MARILYN BADER NESSE
TO THE SUBSTANCE ABUSE ADVISORY BOARD (AB2004 -159)
McShane moved to confirm the appointments.
Motion carried unanimously.
INTRODUCTION ITEMS
Brenner moved to accept the Introduction Items except Introduction Item
seven, which was withdrawn from the agenda.
Motion carried unanimously.
1. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST 02 -04 (AB2004 -151A)
2. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST 03 -04 (AB2004 -152A)
3. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST 04 -04 (AB2004 -153A)
4. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST 05 -04 (AB2004 -154A)
S. ORDINANCE AMENDING THE 2004 BUDGET, FOURTH REQUEST
(AB2004 -160)
6. ORDINANCE CONTINUING THE INTERIM CONDITIONAL USE
CRITERIA ADOPTED BY ORDINANCE 2003 -050 FOR THE SITING OF
MUSHROOM COMPOSTING AS A CONDITIONAL USE WITHIN THE
AGRICULTURAL ZONING DISTRICT (AB2004 -150)
8. ORDINANCE REVISING WHATCOM COUNTY CODE 3.40.030, BONA
FIDE CHARITABLE OR NONPROFIT ORGANIZATIONS (AB2004 -161)
9. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
LAND DIVISION REGULATIONS (TITLE 21) (AB2004 -163) (THIS
ORDINANCE MAY BE DIVIDED INTO SEVERAL DIFFERENT
ORDINANCES IF NECESSARY)
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OTHER BUSINESS
Roy spoke regarding discussion with Senior Deputy Prosecutor David
Grant regarding BP (AB2004 -018) and stated Council Chair Dan McShane is the
County's representative on the Energy Facility Site Evaluation Council (EFSEC) and
is unable to participate or take needed actions on behalf of the Council in that
matter. Therefore, she moved to authorize Council Vice -Chair Caskey- Schreiber to
exercise the Council Chair's powers as approved by the Council regarding the BP
negotiation matter and to sign documents necessary to move forward with the
pending negotiations surrounding the application.
Motion carried 5 -0 with McShane abstaining.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Crawford asked permission to be excused from next week's Council activities
because he will be on family vacation next week.
McShane stated he went to the Board of Natural Resources meeting in
Olympia today regarding the Lake Whatcom Landscape Plan (AB2004 -084).
The Board is in a very difficult position. The Board of Trustees is very concerned
about making sure the trust beneficiaries make as much money as possible. It isn't
very comfortable with the fact that it might need to do things to protect water
quality in a sensitive watershed. However, it is obligated to do something under
State law. It hasn't been able to make a decision yet because the nuances of the
committee recommendation is difficult to understand. They will get a good review.
One issue is how the interjurisdictional committee will be appointed. He and others
recommended to the Board that the committee be appointed by the County Council
to ensure that the Landscape Plan is carried out. Since the committee will oversee
the State Department of Natural Resources (DNR), it should not be appointed by
the DNR. They have also made a commitment to paying for the committee, so it
should have some say in who is appointed. He thanked everyone who worked on
this issue.
ADJOURN
The meeting adjourned at 8:35 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on April 20 , 2004.
Whatcom County Council, 4/6/2004, Page 15
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ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Council Chair
Whatcom County Council, 4/6/2004, Page 16