HomeMy WebLinkAboutCouncil February 25 20031
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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
February 25, 2003
The meeting was called to order at 7:00 p.m. by Council Chair Dan McShane
in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Barbara Brenner
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Sharon Roy
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
None
McShane announced that the Council had a special presentation during a
Committee of the Whole meeting from Thomas Dorr, Small Business Development
Center Director for Western Washington University, to present information on
small business development in Whatcom County (AB2003 -099).
MINUTES CONSENT
1. REGULAR COUNTY COUNCIL FOR JANUARY 28, 2003
Crawford moved to approve the minutes.
Motion carried unanimously.
OPEN SESSION
The following people spoke:
Whatcom County Council, 2/25/2003, 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.
Leonard Lindstrom, Bellingham resident, stated the best teachers are first
grade students who have never seen a battle line. The rest of us are too busy
putting down our battle lines.
Richard Emerson, Building Industry Association of Whatcom County
Government Affairs, stated the County Council has on its agenda a report from the
Planning and Development Committee about a new stormwater protection overlay
plan for the county. The focus of discussion today was about seasonal clearing,
trees and tree canopies, and impervious surfaces. Each of these topics is uniquely
complex. During the committee meeting, he suggested that each of these three
topics be looked at individually. Environmentalists and contractors met for six
weeks last fall to work out an agreement for regulation on land clearing. The
stormwater overlay management protection plan was initially introduced to this
Council six weeks ago. It has been shunted aside for more than a month, during
the last two Council and Planning Committee meetings. Today, he learned that
staff was directed to gather input and present changes to the County Council in two
weeks. While waiting for six weeks for the County to get around to addressing this
issue, it will turn out to be what the County Planning Department staff can come up
with in two weeks and sell to the Council. He asked what about him. He is tired if
having inexperienced, but dedicated, Planning Department staff members working
at the direction of an agenda- driven County Council and coming up with ridiculously
stringent rules and regulations for builders.
Frank Eventoff, 7086 Atwood Road, Ferndale, stated there is a site specific
rezone requested by All Jansen (AB2003 -104). The neighbors are concerned
about the proposed item. Most of the neighbors have sent letters to the County
Council. Excess stormwater runoff is one of the concerns. There are other issues
that will affect the neighborhood.
Robert Verhoeven, 7098 Atwood Road, Ferndale, stated he is also concerned
about the site specific rezone requested by All Jansen (AB2003 -104). He is
concerned about his well being contaminated from the runoff. He would like to see
a 200 -foot barrier around the property. There are several other items of concern.
Kathy Freeman, 7072 Atwood Road, stated she is also concerned about site
specific rezone requested by All Jansen (AB2003 -104). One of the big
concerns is that the neighbors weren't given any notification. She understood that
this would happen in the long -term, not immediately. However, he is already out
there working to get stuff done. He doesn't seem as concerned as the neighbors
are about the ecological ramifications. Her well is only 20 feet deep. Her children
run and play on this road. The development is not needed. The industrial park
across the road can't fill their space. All the industrial development is on the west
side of the freeway, not the east side. Introducing this on the east side is a silly
notion at this point.
Jo Koss, 4176 Malachite Road, stated she represents the Emerald Lake
Homeowners Association. One of the introduction items tonight is receipt of
Whatcom County Council, 2/25/2003, 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.
appeal of a Hearing Examiner's decision filed by Mark Weinberg (AB2003-
095). The Homeowners Association is concerned.
Dave Grant, Senior Civil Deputy Prosecutor, stated the County Council
cannot hear an argument on this issue.
McShane stated that this is a quasi - judicial matter for the Council. Mr. Grant
can provide direction on how Ms. Koss can participate in this matter. The County
Council cannot take testimony outside of the record it already has or will be created
as a part of the process.
PUBLIC HEARING
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 8.10, SOLID
WASTE AND RESIDENTIAL RECYCLING COLLECTION (AB2003 -093)
Jeff Monsen, Public Works Director, gave a staff report and stated the
intention is to bring the ordinance current with today's situation. The ordinance will
bring the regulations up -to -date, and it transfers some of the language to the solid
waste plan to address these kids of issues.
McShane opened the public hearing and, hearing no one, closed the public
hearing.
Nelson moved to adopt the ordinance.
Brenner asked who Washington Waste Hauling and Recycling is. Monsen
stated he did not know, but he would find out for her. There have not been any
changes to any service areas, so it must be a name change to a company that is in
place and operating today.
Motion to adopt the ordinance carried unanimously.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee
and moved approval of Consent agenda items one and two.
Motion to approve Consent Agenda items one and two carried
unanimously.
1. RESOLUTION CANCELING UNCOLLECTABLE PERSONAL PROPERTY
TAXES (AB2003 -100)
Whatcom County Council, 2/25/2003, 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.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE ENTER INTO A
COOPERATIVE AGREEMENT BETWEEN WHATCOM COUNTY AND THE
ARMY CORPS OF ENGINEERS FOR REPAIR OF A DAMAGED LEVEE
SEGMENT ON THE NOOKSACK RIVER IN THE AMOUNT OF $217,000
(AB2003 -101)
OTHER ITEMS
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE
CITY OF BELLINGHAM TO PROVIDE EMERGENCY MEDICAL SERVICE
THROUGH THE E.M.S. LEVY (AB2003 -047)
Crawford reported for the Finance and Administrative Services Committee
and stated the administration has not made any progress on this issue. It has been
held in committee.
2. ORDINANCE AMENDING THE 2003 WHATCOM COUNTY BUDGET,
SECOND REQUEST (AB2003 -094)
Crawford reported for the Finance and Administrative Services Committee
and moved approval.
Motion to adopt carried unanimously.
OTHER BUSINESS
Crawford stated there was a discussion in the Finance Committee regarding
the County's participation in the Public Facilities District (AB2003 -44A). He
moved to request the administration to put a priority on developing a parking
facility in the Public Facilities District plan.
Motion carried unanimously.
McShane stated the contractor has drilled down 40 feet at the southwest
corner of the property. They have not hit bedrock yet. They have now moved the
drill rig to the northwest corner of the property.
OTHER ITEMS
3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, CHAPTER 20.71 — WATER RESOURCE
PROTECTION OVERLAY DISTRICT, CHAPTER 20.80 —
SUPPLEMENTARY REQUIREMENTS (STORMWATER AND CLEARING),
CHAPTER 20.85 — PLANNED UNIT DEVELOPMENTS, AND CHAPTER
Whatcom County Council, 2/25/2003, 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.
20.97 — DEFINITIONS, TO PROVIDE ADDITIONAL REGULATORY
PROTECTION FOR SENSITIVE WATERSHEDS (AB2002 -222B)
Fleetwood reported for the Planning and Development Committee and stated
this item was held in committee for two weeks.
4. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.05.010, TORT
AND DAMAGE CLAIMS (AB2003 -092)
Brenner moved to adopt the ordinance.
Motion carried unanimously.
S. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
ALAN FRIEDLOB TO THE NORTHWEST SENIOR SERVICES BOARD
(AB2003 -102)
Caskey- Schreiber moved to appoint Mr. Friedlob
Motion carried unanimously.
INTRODUCTION ITEMS
Brenner moved to accept Introduction Items one and two.
Motion carried unanimously.
1. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON API-02-
0009, FILED BY MARK WEINBERG (AB2003 -095)
2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, TO ADD NEW TEXT TO THE RURAL DISTRICT,
CHAPTER 20.36, TO ALLOW FOR THE TRANSFER OF MULTIFAMILY
FARM WORKER HOUSING SEPARATE OF THE FARMLAND (AB2003-
103)
3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM RURAL (1115A) TO LIGHT IMPACT INDUSTRIAL (LII) FOR
50.3 ACRES ON ATWOOD ROAD NORTH OF THE I- 5 /GRANDVIEW
INTERCHANGE (SITE SPECIFIC REZONE) (AB2003 -104)
Brenner stated this came before the Council once before with a request to
rezone ten acres. The County Council denied it. Now the request is back to rezone
50 acres. She is concerned about taking up staff time if the Council is not serious
about proceeding with the rezone. The City of Ferndale is opposed to the item at
Whatcom County Council, 2/25/2003, 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.
this time. She assumed the City would not extend services. She asked about the
reason item number three is coming back to the Council.
McShane stated that the last time this was before the Council, the request
was to add the ten west acres to the urban growth area. That request was denied.
This portion is part of the urban growth area. It is a site specific rezone for the
area inside the urban growth area.
Sylvia Goodwin, Planning Division Manager, stated this is a site - specific
rezone that does not need a Comprehensive Plan amendment. It doesn't go to the
Planning Commission. It has gone through the Hearing Examiner process.
Brenner asked if the Council could send it to the Planning Commission.
Goodwin stated it could not. The Council can have its own public hearing if it wants
to deny it.
Dave Grant, Senior Civil Deputy Prosecutor, stated there was already a
hearing in front of the Hearing Examiner.
McShane stated the Hearing Examiner has recommended approval. This is
the third site - specific rezone that has come to the Council through the Hearing
Examiner.
Fleetwood asked the weight the Council should give to the fact that the City
of Ferndale is opposed to the application. Goodwin stated the City has not provided
a lot of information in the record. She will notify the City if the Council has a
hearing. The City has not been very vocal about its opposition. There might have
been something brief in writing, but it did not attend the meeting.
Fleetwood asked if there is an interlocal agreement that binds the County to
agree to annex in this instance. Goodwin stated there is not. In this case, the
Public Utility District (PUD) will provide the services. The City doesn't have services
out there. The PUD will provide water. Sewer isn't available, and the project
doesn't require it at this point.
Fleetwood asked if the Council could deny the request, even if it is in the
urban growth area. He's wondering the legal implications of denying the request.
Goodwin stated the area is in a 20 -year urban growth area. The intent is to
become an urban area within the next 20 years. The County Council has the ability
to deny it now if that is what the Council wants. It is designated by the City of
Ferndale as an industrial area. That means that in the long -term, it will convert to
an industrial area.
Fleetwood stated a considerable portion of the property has been cleared.
He asked by what authority the landowner was able to clear the land. Goodwin
stated they are working on a wetland mitigation project that is authorized by the
Whatcom County Council, 2/25/2003, 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.
State Department of Ecology. It is not a County project at this point. The Army
Corps of Engineers and State Department of Fish and Wildlife are involved.
Nelson asked who would provide sewer services in the long -term. Goodwin
stated the City would provide sewer if and when it needs sewer.
Nelson stated the City stated it was not prepared to provide sewer at this
time. Goodwin stated that is correct. The Grandview Industrial Park, which is
across the freeway from this location, also does not have sewer service. Once it
comes to the County Council from the Hearing Examiner, the Council needs to
consider it. The Council has to have a public hearing if it wants to deny the
request. This is not like a Comprehensive Plan application where the Council has
the ability to decide whether or not to docket it. They need to at least send it to
committee for discussion.
Roy moved to introduce item three and schedule it in the Planning
Committee.
Motion carried unanimously.
OTHER BUSINESS
RESOLUTION SUPPORTING INCLUSION OF THE KENDALL
COMMUNITY RESOURCE CENTER AS ONE OF THE TOP THREE
PROJECTS FOR THE WHATCOM COUNTY WA -CERT PRIORITIZATION
RANKING (AB2003 -106)
McShane stated he submitted an amended version since the original was
distributed today.
Brenner read the amended version into the record. She moved approval of
the amended version.
Motion carried unanimously,
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Caskey- Schreiber stated the Northwest Air Pollution Authority (NWAPA) is
excited about a pending house bill that would charge a one -time registration fee of
$10, which would be put toward retrofitting school buses to run cleaner diesel.
Brenner stated the Public Works Committee held two discussions. The first
was a discussion regarding a request by citizens in the Geneva
neighborhood to have a stop sign installed on Lakeway Drive (AB2003-
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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.
097). County Engineer Joe Rutan does not support installing a stop sign, but will
bring forward alternatives that might reduce the speed in the area.
The second item in the Public Works Committee was a discussion
regarding the Austin Creek Bridge on Lake Whatcom Boulevard in Sudden
Valley (AB2003 -098). County Engineer Joe Rutan will meet with the folks from
Sudden Valley and the administration, and then report back to the committee. Mr.
Rutan is very innovative. She is impressed with his new ideas.
McShane stated the Council owes a debt of gratitude to the County Executive
for hiring Joe Rutan.
ADJOURN
The meeting adjourned at 7:36 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on March 11 , 2003.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Council Chair
Whatcom County Council, 2/25/2003, Page 8