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HomeMy WebLinkAboutCouncil February 12 20021 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 12, 2002 The meeting was called to order at 7:00 p.m. by Council Chair L. Ward Nelson in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Barbara Brenner None Laurie Caskey- Schreiber Sam Crawford Seth Fleetwood Dan McShane Sharon Roy ANNOUNCEMENTS Nelson announced that the League of Women Voters invited the councilmembers to attend a function on March 16 from 10 a.m. to noon at the Bellingham Public Library. The League members will consider what local issues the League might study next year. Nelson also announced that there was consideration of an appeal of the Hearing Examiner's decision on file no. LSS01 -0001, filed by Tom Pratum, regarding requested preliminary approval for a five -lot cluster subdivision (AB2001 -439) in executive session, during the Committee of the Whole meeting. Crawford moved to uphold the Hearing Examiner's decision. Motion carried unanimously. Nelson announced that there was also discussion regarding pending litigation (AB2002 -018) in executive session during the Committee of the Whole meeting. More information will be given to the councilmembers regarding that pending litigation. MINUTES CONSENT Crawford moved approval of the Minutes Consent items one through three. Motion carried unanimously. 1. COMMITTEE OF THE WHOLE FOR JANUARY 29, 2002 Whatcom County Council, 2/12/2002, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. SPECIAL BOARD OF HEALTH FOR JANUARY 17, 2002 3. REGULAR COUNTY COUNCIL FOR JANUARY 15, 2002 OPEN SESSION The following people spoke: Rita Foley, South Lake Whatcom, stated Park Road is really a mess. She doesn't know how the County will correct the sinking problem. They've destroyed wetland marshlands that they didn't need to destroy. Then they planted trees in the swamps. The trees fell over. It is very discouraging because the diversion is right there. The contractor was allowed to take up all the waste and dump it on farmland and spread it out. It has bacteria and foreign material in it. She questioned why they would do that if they are worried about water and the watershed. They've spread huge amounts over 1 /8t" to 1/41h of an acre that is right at the diversion. Something should be done about this. Planning and Development Department staff members are meeting her there tomorrow. They should have resurfaced in, installed guardrails, and made the school buses slow their speed from 60 miles per hour to 25 miles per hour. Also, she is against rezone of Park Store, which is a motorcycle shop. They are selling everything from light bulbs to trailers that haul motorcycles. This is a quiet, recreational neighborhood. Rebecca O'Brine- Wilson, 921 W. Lake Samish, stated the Council will have an opportunity in the near future to decide whether or not to put a review of the Lake Samish zoning on the Planning Commission docket for the year. She encouraged the Council to put the issue on the docket. The Council has a responsibility to plan for the growth of the county in the next 20 years. That includes planning for residential, commercial, and agricultural needs. It also includes responsibility to plan for the recreational and environmental needs of the county. Part of the Comprehensive Plan talks about urban versus rural distinctions. It talks about those being addressed by discouraging urban levels of development outside of urban growth areas, defining rural areas, drawing distinct boundaries between rural and urban areas, and minimizing the impacts on the resource lands, which are environmentally sensitive areas. Lake Samish has already been declared an environmentally sensitive area, and it is one of the few resources that the county has. As the population increases over the next 20 years, the Council needs to address the maintenance of those recreational areas. They all need places for their children to fish. One resident told her that they would have to sacrifice the fish in some lakes. She finds that unacceptable. Children should always be able to fish in Lake Samish and eat the fish. She didn't want to have the warnings on Lake Samish that exist at Lake Whatcom. They need clean places for all the people in the county to swim and boat. They are already Whatcom County Council, 2/12/2002, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. dealing with problems in Lake Whatcom. She encouraged the Council to look at whether or not this area is environmentally sound enough to support the build out that it is currently zoned for. According to the Comprehensive Plan, the Council is to look at contiguous orderly development and planning, and identify areas where timely and adequate services can be provided. She asked the Council to consider whether or not Lake Samish is a place for development, given that the road would be very expensive to widen. The County's budget is restricted due to the success of Tim Eyman's initiatives, and she suggested that would not be the best expenditure of tax money. Put the consideration of the zoning on the docket, and look at all the ways that the County can encourage people to not develop in that very sensitive watershed. Crawford questioned how the Council will move the docket items forward. Nelson stated they all have to go forward together. It is still in the Planning Committee. Crawford stated they don't have to all go forward to the Planning Commission together. The State law doesn't tell the Planning Commission how to do it. He didn't know whether or not the speakers should wait to speak on these items until the Council moves the items forwards. McShane stated the Planning Committee did not get to this item in committee. It was continued. He would be glad to take input. Sue Parrot, 1212 Bear Creek Lane, stated she lives in the Lake Samish watershed. She supported the resolution to initiate a Comprehensive Plan and zoning amendment that would change the designation of Lake Samish from suburban enclave to rural, and change the zoning from Rural, two units per acre (RR2), to Rural, one unit per two acres (R2A). The County Council has the job of looking out for the long term and best interest of the county for its residents and its natural environment and resources. The vision guiding the Comprehensive Plan specifically addresses the need to limit urban growth and to make clear distinctions between rural and urban areas. The vision statement also references minimizing impacts on natural resources and protection of the environment. Lake Samish is rural in nature. It is the Council's role as elected decision - makers to set policy that will ensure the vision of the Comprehensive Plan is articulated in actual implementation. While talking with many residents around Lake Samish, people overwhelmingly support a downzone. They have concerns about increased traffic, which has impacts on safety and recreational use of the roads; infrastructure and whether the systems are in place to handle the development; air quality; and water degradation. Whatcom County Council, 2/12/2002, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. Some of the councilmembers may be concerned that downzoning will have a financial impact on those landowners who currently own land zoned as RR2. There may be a financial impact, however the Council should consider other aspects to this argument. First, buying land is a risk, just like any investment. The stocks that she purchases are not guaranteed a certain rate. As a landowner, she hopes the value will increase, but she doesn't expect that guarantee from anyone. Second, keeping the zoning at RR2 has huge implications for the Lake Samish area. Drive the loop from West Lake Samish to the fire hall, and back around on Summerland Road. Imagine 1,000 new homes in the section of land that is currently undeveloped. There will be huge costs to this development, far greater than the loss a landowner might experience. She questioned who would pay for road improvements. Boat traffic will increase. The potential loss to landowners by downzoning must be weighed against the huge costs to all the residents. Third, she questioned who would speak for the environment. It is also the Council's responsibility to think about the implications on the environment of that type of development. She is not alone in her concern. Mark Herrenkohl, 321 Summerland Road, Lake Samish, stated he supports the downzone, and encouraged the Council to put it on the docket for review. The amendment is needed and proposed for several reasons: • To protect the water quality of drinking water for Lake Samish residents; • To protect water quality for salmonid fish populations in Lake Samish and Friday Creek, including coho, chum salmon, and Kokanee. Now, they have a coho salmon fishery in Lake Samish, which they haven't had in years. • To protect water quality from accelerated eutrophication as more and more stormwater is produced and routed to Lake Samish. They've seen an increased amount of stormwater during the winter, and very little during the summer. There is quite a bit of erosion and a lack of water going to Friday Creek and the fisheries downstream. • To reduce the water level of Lake Samish and erosion of stream banks that flow into Lake Samish from high water flows due to the lack of significant buffers around the streams. • To protect resident safety from increased traffic along Lake Samish roads. He's been living at Lake Samish for eight years. He is amazed at the increase in the number of accidents that occur on the very narrow roads. • To be consistent with the requirements of the final Samish Bay Watershed Action Plan that the County Council and the Planning Department agreed to support. He and his wife have a one -acre parcel that is currently zoned RR2. They are willing to downzone to do their part to protect the sensitive watershed. He encouraged the Council to place the amendment on this year's docket for review. Whatcom County Council, 2/12/2002, Page 4 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. 1 Gary Simon, Concerned Neighbors of Lake Samish President, read the vision 2 statement of the Comprehensive Plan in section 2.1 of the Introduction. On 3 February 9 and 10, 2002, members of the Concerned Neighbors contacted 200 4 residents in Lake Samish and received 253 signatures in favor of a downzone from 5 RR2 to a rural designation of R2A. Seventeen people declined to sign at this time. 6 The total percentage was 94 percent who were in favor of the downzone. In 7 addition, 18 people who own a combined 81 acres zoned RR2 signed the petition 8 and fully support the downzone to R2A. 9 10 Before initiating this process, he knew that many residents around the lake 11 supported this view, but they had no idea that the response would be so 12 overwhelmingly supportive of the downzone. This petition drive is an ongoing 13 process, but the residents of Lake Samish are speaking loudly. Listen to them. He 14 thanked the Council for the proactive and supportive actions of this Council. 15 Support the review of the Comprehensive Plan, and place it on the docket. 16 17 Ed Hanson, 697 N. Lake Samish, stated he is opposed to the downzone. He's 18 lived on the lake for 12 years. He has a couple of acres. It has always been his 19 dream to divide the property up and have his son and daughter build their homes 20 on the lake so they can enjoy some of the things that he is enjoying. He's put off 21 trying to do any rezoning while waiting for the possibility of water to be available 22 around the lake. Now that there may be some water available, everyone wants to 23 slam the door and say that no one can build anything more. He questioned where 24 else they should put houses, and whether more houses should go in the middle of 25 Lynden farmland. People want to live in a place that has a natural environment to 26 look at. It sounds like the people who have moved in the last few years, now that 27 they are finally here, want to shut the door behind them and make sure no one else 28 can come in. He strongly opposes the downzone around Lake Samish. Regarding 29 the water quality, it will be taken care of if the water is brought in from Skagit 30 County. They will no longer need the water in the lake for drinking water. There 31 are two sides to this argument, and the Council has only heard one side. 32 33 James Stanford, 1200 Harris Ave, Suite 403, stated he has been coordinating 34 a project for 47 lots over 25 acres. This project has energized the water pipeline to 35 be brought in from Skagit County. It has also energized the opposition to this and 36 every other project. He respectfully disagreed with some of the information that 37 has been brought forward tonight as it relates to water quality and fish. The 38 information he handed out (on file), includes comments from Larry Wasserman, 39 who is the Environmental Services Director for the Skagit County Cooperative, 40 which is a coalition of three tribes. Mr. Wasserman states that the current water 41 withdrawal adversely affects the water quality in Lake Samish, Friday Creek, and 42 the Samish River. That adverse impact has a direct impact on fish. 43 44 He read from the letter In the Bellingham Herald by Mrs. Sharon Scott, which 45 said that anyone who is willing to develop to the most current environmental 46 development standards should have the same opportunity to live there. 47 Whatcom County Council, 2/12/2002, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. The Lake Samish subdivision moratorium is similar to the subdivision moratorium on Lake Whatcom. It works on ways to protect the lake from development. In his knowledge, there has been very little planned development at the lake. He asked the status of the lake at this very moment. He asked what the residents are doing to protect the lake as it sits there today that allows the general public to participate. It appears that what his client is being asked to develop to is much more stringent and much more conducive to water quality and a habitat that is environmentally sound than what has ever come before. Mrs. Scott also asked whether or not she has to spend more while someone else profits. The answer is absolutely not. He questioned whether it is also fair for those property owners who bought that property and have prudently sat on it to now not be able to develop it because these folks think that they shouldn't. That isn't fair either. All the residents need to be protected, including the residents that hope to move there. Jim Malin, 244 Summerland Road, Lake Samish, stated he has resided there for approximately 20 years. Over the years, he's watched the traffic increase drastically. People drive too fast on that road. There have been six accidents near the power pole in front of his house. There are too many blind corners on that road to direct any major traffic flow. These roads are not wide enough to accommodate the kind of traffic that would result from all of this development. On Summerland Road, there cannot be two full size trucks on the road side by side without having one tire on the shoulder. A logging truck takes up 2/3 of the road. Now, this is a major hazard. Safety of residents should come before profit. Tom Noel, 180 Bear Creek Lane, Lake Samish, asked the Council to consider the downzone. He is not opposed to land development, but he is opposed to the irrational land development that is proposed. Look into the zoning and find out when it was zoned, why it was zoned the way it is, and consider keeping the area rural. The developer talked about developing to the current standards. However, the developer is grandfathered into the 1992 standards, which aren't current. He built a house there in 1999, and he had to build to the current standards. He is not opposed to development, but he doesn't want irrational development that will damage the environment. The purpose is to protect the environment and rural climate. He would hate to see the lake ruined because of more vehicles, runoff, fertilizers, and oils from the cars. He questioned the lifestyle of people when the area was zoned. It needs to be considered. Now, they have boats, jet skis, and other watercraft. Develop to standards that will maintain the rural climate of the community. Crawford stated that any houses that are built would have to be built to today's standards. It's the subdivison that follows the 1992 code. When the developers build the homes, they will be to 2002 standards. Noel stated they wouldn't. They have been grandfathered in. The point is that everyone enjoys the rural community and they want the future generations to enjoy the same thing. Whatcom County Council, 2/12/2002, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. Bruce Preszler, 483 Summerland Road, Lake Samish, stated he supports putting this on the docket to consider a downzone for the reasons that they've already heard. He worked in the real estate business for three or four years. During that time, he learned that it isn't prudent to buy land and sit on it, thinking something will be done in the future because things change. The prudent buyer of land will buy it and develop it while he or she still knows what the rules are, and not expect to hold it for 25 years and be able to develop to those original rules. The state of science changes and the best standards are continually climbing so they can develop responsibly as time goes by. Up to 1,500 homes could be built at Lake Samish. That's an incredible increase. They've already heard about the traffic problems. Given the number of cars and car trips, he doesn't think they can have that many more homes in the lake basin. Consider putting this item on the docket to take another look at that zoning. Charles VanGorder, 1503 E Street, stated he represents the Concerned Neighbors of Lake Samish. Mr. Stanford stated that the subdivisions were being built and developed to current environmental standards. The County Planning and Development Services Department made a decision last year that the subdivision was vested in 1992. The current Whatcom County Critical Area Ordinance did not apply to that subdivision. The Concerned Neighbors appealed that decision to the Whatcom County Hearing Examiner. The Hearing Examiner denied the appeal in December. This County Council sustained the Hearing Examiner. As it is now, the Sleepy Hollow subdivision, which is pending at the County Planning Department, does not have to adhere to the Whatcom County Critical Area Ordinance, so it is not being developed according to the current environmental ordinances in Whatcom County. Elsie Zarnowitz, 1486 Oriental Avenue, stated her son and daughter has property on Lake Samish. They have six acres of high bank on West Lake Samish Road. It is wooded, nice property that is undeveloped. They don't plan to ever try to divide it. By now, most of them know that a small lake with a limited inflow of fresh water will be ruined by sediment from clearing the land in the watershed and from pollution running off lawns, driveway, and streets. Homes and property around such a damaged lake are damaged property. The natural ecosystem of such a lake is almost damaged, perhaps forever. The emergency moratorium is necessary to stop permitting for development in the watershed. Rezone is mandatory to less density, perhaps to two acres per home. Chuck Swanson, Summerland Road, stated he has lived there for 12 years. He supports the downzone, because the traffic is getting worse. The speed limit is 25 miles per hour around the lake. If someone drives that, he or she will have several cars behind trying to pass. More and more people are joining the community. They are having an average of one accident per month where the car leaves the road. He only drives from Summerland Road to I -5 by the Texaco, at North Lake Samish. He only sees half of the traffic flow. If the housing is increased, there will be more traffic and more accidents. Now, people ride bikes and walk their dogs all over the place. It is risky to do at best right now. With Whatcom County Council, 2/12/2002, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. more traffic, they will be in jeopardy even more. If the County widens the road, the cars will go faster. That will mean more accidents and will require more police activity to slow people down. He recommended that the councilmembers go there with the purpose of looking at the road condition, and drive the speed limit. Focus on the road situation and what would happen if it was widened. Steven Harper, 121 Bear Creek Lane, commented on the proposed amendment to the Comprehensive Plan for the Lake Samish watershed. He asked the Council to support the amendment to change the current zoning that allows a build out of up to 1,700 new homes, according to the watershed overlay plan that was developed. He also supports the comments made by the supporters of this amendment. He is concerned about comments made by the Planning Department regarding workload issues. He has the impression that the department is balking at the additional work that is coming their way. He asked the Council to support this amendment and to also insist that the Planning Department do a full comprehensive review of the situation to evaluate the environmental traffic, public safety, and recreational impacts of the current zoning. They only have one opportunity to protect the quality of life for the residents of the watershed, to protect the air quality, and to protect the water quality for salmon and recreational users. Don't squander this opportunity. PUBLIC HEARING 1. ORDINANCE REGARDING INSTALLING STOP SIGNS ON CERTAIN COUNTY ROADS (AB2001 -435) Bruce Mills, Assistant Director of Engineering, gave a staff report and stated this item and the next item are for subdivisions. Brenner stated she requested that Mr. Mills provide a map that shows where they are. Mills stated he didn't attend the last meeting, and didn't get that request. Brenner asked to have a map next time that shows where they are. Nelson continued the public hearing from January 29, and, hearing no one, closed the public hearing: Crawford moved to adopt the ordinance. McShane questioned whether there are any that are not in subdivisions. Mills stated each of these is related to a development. McShane questioned whether an intersection that came to the attention of the Public Works Department because of concerning traffic counts would come up at a separate time. Mills stated it would. Whatcom County Council, 2/12/2002, Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 asked the process that neighbors would go through to have a stop sign installed if one didn't meet the Public Works Department criteria. Mills stated the residents can bring the request to the Engineering Division for review or petition the County Council, which would typically ask the Engineering Division to do a study. The division would provide the Council with a recommendation. McShane questioned whether stop signs are ever installed if they don't meet the criteria. Mills stated there probably are stop signs that were put up some time in the past that didn't necessarily meet all the criteria. He is trying to analyze it a little more scientifically today. McShane stated he'd been contacted about the Lakeway Drive and Austin Road intersection, near Geneva Elementary. It seems that a stop sign there would be a good idea. Brenner stated that at least seven of these stop signs are at a main county road. She appreciated that they are technically inside a subdivision, but the stop signs are at the county roads. Mills stated that is correct. They are new subdivisions that are coming onto existing county roads. Motion carried unanimously. 2. ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMITS ON CERTAIN COUNTY ROADS (AB2001 -436) Nelson continued the public hearing from January 29, and, hearing no one, closed the public hearing: are. Crawford moved to adopt the ordinance. Brenner asked to see a map in the future of where the speed limit changes Motion carried unanimously. (Clerk's Note: End of tape one, side A.) 3. RESOLUTION REGARDING VACATING ALL OF RAILROAD DRIVE RIGHT -OF -WAY AS PLATTED IN SOUTH BLAINE FIVE ACRE TRACTS (AB2001 -393) Bruce Mills, Assistant Director of Engineering, gave a staff report and stated the railroad acquired a triangular piece of property. After acquiring it, they're asking to vacate a small portion of unused County right -of -way. Nelson continued the public hearing from January 29, and the following people spoke: Whatcom County Council, 2/12/2002, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. Brenner moved to approve the resolution. Motion carried unanimously. 4. ORDINANCE (2001 -067) IMPOSING AN EMERGENCY MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS OF LAND INTO PARCELS SMALLER THAN FIVE ACRES WITHIN THE LAKE WHATCOM WATERSHED (AB2001 -377B) Nelson continued the public hearing from January 29, and the following people spoke: Marian Beddill, 3600 Seeley Street, Bellingham, stated she approved of the ordinance. Hearing no one else, Nelson closed the public hearing. McShane moved to adopt the ordinance. Brenner asked why they are adopting this emergency moratorium, when they already adopted an emergency moratorium. Dave Grant, Senior Civil Deputy Prosecutor, stated the Council adopted an emergency, and has to have a public hearing within 60 days. Nelson stated the Council adopted an emergency ordinance to institute the moratorium during the two -week period it takes for an interim ordinance to go into effect. Dana Brown - Davis, Clerk of the Council, stated a vote for adoption is not necessary because the Council already voted to adopt the ordinance. The only requirement was to hold a public hearing. 5. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS OF LAND INTO PARCELS SMALLER THAN FIVE ACRES WITHIN THE LAKE SAMISH WATERSHED (AB2002 -063) Nelson continued the public hearing from January 29, and the following people spoke: James Stanford, 1200 Harris Avenue, #403, stated the original vested application for the Sleepy Hollow subdivision had 25 -foot buffers. He hired a consultant to do an environmental assessment of the drainage corridors on that property. There are three. The consultant determined that there is no egress for fish into the stream or the corridors, and there is no ingress back into Lake Samish Whatcom County Council, 2/12/2002, Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. as the corridors drain under the street. This subdivision wasn't part of the discussion on the last topic they talked about. He wanted to clarify that he is developing to it. He is opposed to the interim moratorium. He's been retained by property owners at Lake Samish. He and Jack Swanson are founding a nonprofit organization to defend the current zoning. The studies that have come before this and previous councils were excellent for preparing and protecting the public's interest. The Council will hear from him in the weeks ahead. Eric McHenry, 644 W. Lake Samish Drive, Bellingham, commented on Mr. Cal Leenstra's comments at the previous Council meeting. Representatives from the Concerned Neighbors of Lake Samish would like to rebut Mr. Leenstra's comments regarding his property assessment between $40,000 and $50,000 for construction of the sewer around Lake Samish in 1974. Mr. Leenstra stated his assessment was linked to the zoning and the potential for building three houses per acre on 25 acres. Mr. Leenstra made these statements during the public hearing on January 29. He researched the sewer construction assessment records at the Samish Water District. He also received information on how individual property owners were assessed. He discovered that Cal Leenstra and his business partner, Frank Muljat, were asked to pay $.03 per square foot for a total of $17,028 for 21.75 acres they owned, not $40,000 or $50,000. Their assessment was not based on current zoning, but on square footage only. The total cost that the residents of Lake Samish were assessed for the sewer construction was a little over $3 million, with the option for very low interest loans. The total federal and state grants received was nearly $5 million. The potential developers of Lake Samish got a sweetheart deal for buying into the sewer at that time. Ernie Griffiths, 2076 Firelane Road, Lake Samish, stated he's seen a lot of changes on Lake Samish since 1973. Some changes were good, such as the installation of the sewage system, which lead to clean water they can drink and swim in. He hoped it continues, and it could continue if they don't overdevelop and look after their environment. Growth must be gradual. With any development on a hillside, trees are cleared out, which leaves animals homeless and creates soil erosion. The erosion causes silt, mud, and many types of pollutants to enter into the drinking water. Clearing also kills fish, plants, and animals. Slow down and look at the mistakes made at Lake Whatcom by the City of Bellingham. Elsie Zarnowitz, 1486 Oriental Avenue, Bellingham, stated she repeated what she said before about small lakes and ruining the watershed. It's human nature to rush to beat the deadline if things are going to be cut off. They need the emergency moratorium to stop that from happening. Gary Baker, 875 E. Lake Samish Drive, Lake Samish, stated he has lived on Lake Samish for 30 years. The current zone for the property on the lake is the correct zone. There is a value to living on the lake, and that doesn't do damage to the lake. However, any type of property in a valuable watershed needs to be looked at on a case -by -case basis. If the hill next to the lake is left at two homes per acre, it will still probably destroy what many of them have enjoyed for many Whatcom County Council, 2/12/2002, Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. years. He is not opposed to development, but it needs to be done while still leaving trees and ground. The way it is done now with blanket zoning would ruin the rural life. The value of those homes in a development will be nearly as great by putting in as many homes as possible. It is an important watershed. They need to take some time to look at it, even if it takes a moratorium. Sue Parrott, 121 Bear Creek Lane, urged Council to support the interim moratorium. They need some time to look at what's happening in the Lake Samish watershed. Sharon Scott, 482 W. Lake Samish Drive, Lake Samish, thanked the Council for adopting the emergency moratorium, and encouraged the Council to support a longer -term moratorium so proper review and implementation of watershed development standards could be accomplished. The strict standards are necessary to prevent irresponsible and inappropriate land disturbances that occur under the current best management practices. She distributed photos to the Councilmembers of a development in the works at Lake Samish. Damage has occurred. She encouraged the councilmembers to drive out there and look at what has happened. Consider what is best for the protection of Lake Samish. Ruth Holbrook, 244 Appaloosa Lane, stated this is all going to take some time to sort out given all the different interests. That is a perfect reason to impose a longer moratorium. Overall, the guiding question is whether two homes per acre is reasonable or one home per two acres is reasonable. The preservation of the quality of living she's known depends on that distinction. Bruce Preszler, 483 Summerland Road, stated they do need to have some emergency coverage to stop a land rush while Council considers this issue. A little over a year ago, there was talk about extending the watershed overlay protection district that Lake Whatcom has to Lake Samish. The Planning Commission said the Lake Samish community should decide and then make a recommendation to the Planning Commission. That effectively delayed any action for another building season. He's never seen so much paving going on as he saw last summer. Have time to give this thought and consideration without having everyone jumping on board to lock into the old regulations. He supported the moratorium. Jim Malin, 244 Summerland Road, Lake Samish, stated he would like to see a moratorium imposed on logging and building in the area. The streams used to be clean 20 years ago. They are no longer clean. Due to the silt runoff, they have dirty streams flowing down to both the east and west sides of the lake. The infrastructure of this lake is not capable of handing sustained development. The infrastructure should be upgraded at the developer's expense before any more building is done in the area. Hearing no one else, Nelson closed the public hearing. Brenner moved to adopt the ordinance. Whatcom County Council, 2/12/2002, Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 moved to amend Council packet page 287 to add language, "BE IT FURTHER ORDAINED,...within the Lake Samish watershed to rural, but in no event, absent further extensions allowed by law, no more than 180 days from the effective date of this ordinance." Brenner questioned whether the moratorium automatically lasts 180 days. Dave Grant, Senior Civil Deputy Prosecutor, stated it does. However, it helps provide better notice to the public about what is going on. Motion to amend carried unanimously. Motion to adopt the ordinance as amended carried unanimously. Brenner suggested that the councilmembers take a bus tour of the Lake Samish watershed with County staff. Nelson requested that the administration look into organizing a bus tour. 6. ORDINANCE (2002 -004) IMPOSING AN EMERGENCY MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS OF LAND INTO PARCELS SMALLER THAN FIVE ACRES WITHIN THE LAKE SAMISH WATERSHED (AB2002 -063A) Nelson continued the public hearing from January 29, and the following people spoke: Rebecca O'Brine- Wilson, 921 W. Lake Samish, stated the best management practices that were developed for the county were developed based on the Bellingham environment. The Lake Samish area gets double the rainfall that Bellingham gets. The erosion from one house that was put in by mistake is amazing. Hearing no one else, Nelson closed the public hearing. 7. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL (R5A) TO GENERAL COMMERCIAL (GC) FOR APPROXIMATELY FOUR AND ONE -HALF ACRES ONE QUARTER MILE SOUTH OF THE SOUTHEAST INTERSECTION OF EAST SMITH ROAD AND GUIDE MERIDIAN (AB2002 -060) Sylvia Goodwin, Planning Division Manager, gave a staff report and stated the property owner is requesting a rezone of 4.47 acres at the intersection of Smith Road and the Guide Meridian from Rural, one unit per five acres (R5A) to General Commercial zoning. This property was considered during the 1997 Comprehensive Plan discussions and the 1990 subarea plan discussion. The property is a vacant Whatcom County Council, 2/12/2002, Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. lot. Mr. Markwood said that he has used the property to train dogs and as an accessory to the kennel. A kennel and a training area would be an allowable use in the rural zone. The Planning Commission recommended approval of the rezone based on a changed condition that the Guide Meridian is scheduled for widening in 2003. Planning Commission also found that there is a need for additional commercial development in the rural area. Staff recommended denial due to traffic concerns and driveway access to the Guide Meridian. Commercial development would have access from the Guide Meridian. There is an approved driveway access for the parcel, because there was a house there. The approved access is not restricted to a particular use. Nelson opened the public hearing and the following people spoke: Mike Sygitowicz, 315 Lakeway Drive, stated he is a realtor representing Mr. Markwood. He requested that the Council approve the request for a rezone, as the Planning Commission recommended, for five reasons: 1. This parcel has been owned and used continuously as a commercial property since 1959. For 42 years, he's owned approximately 40 acres in the area. They are talking about the westerly portion of his property that abuts the Guide Meridian. He's used the property for the kennel, without regard to property lines. There are three parcels. The property was used in the 1940's as the Shantytown Tavern. It has been used for commercial for a long time. 2. The Planning Commission recommended approval in 1995, 1997, and 2001. No one opposed it during the public hearing. 3. with respect to the recent Caitac proposal, this property is directly across the Guide from this parcel. 4. The property is in the path of current growth. There are 22 parcels between the Kelly Road and the Smith Road, on the same side as the Markwood Kennel. Fourteen of those parcels are currently used as commercial businesses now. Mr. Markwood is trying to correct an error that was made years ago. A line was inadvertently drawn through the property used for the kennel. Because of the continued growth that exists, the natural progression is for business to continue along the Guide Meridian. There has not been a single residential construction there in the last 15 years. No one is going to build there in the future. 5. Widening the Guide Meridian is not only to mitigate current congestion, but to also accommodate the growth that is occurring. The widening is in process now. Pam Rorvig, 3791 Greenville Street, Bellingham, stated she owns property behind the Markwood's property. She supports the commercial zoning of the property. There are businesses on both sides of the property. Residential zoning would be harmful to the Markwoods. No one will want to buy that property and build a home there. Hearing no one else, Nelson closed the public hearing. Whatcom County Council, 2/12/2002, Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. Crawford moved to adopt the ordinance. He questioned the driveway cut on the rezoned property. Sygitowicz stated the State Department of Transportation (DOT) set aside a 175 foot apron that will access a proposed new driveway. Crawford asked why that apron is larger than the ones on the existing General Commercial property. Sygitowicz stated he couldn't answer that question. Crawford asked if the turn lane arrows on the plan designate the location of a turn lane or turn arrows. Sygitowicz stated it is the location for turn arrows. The entire area will be part of a five -lane road with two lanes going north, two lanes going south, and a middle turn lane. Brenner stated she agreed with just about everything Mr. Sygitowicz said. She also agreed that no one will build a house there. Rural zoning and housing zoning is not appropriate. However, General Commercial isn't the only potential zoning once the road is widened. There could also be a Light Impact Industrial zone, which would be a use that wouldn't generate as much traffic. The only problem is that she would support this if the road was widened. The road hasn't been widened yet. She doesn't feel comfortable supporting a rezone on the Guide without the infrastructure there. Fleetwood stated he appreciated staff's logic of not creating a strip mall all the way to Lynden. He questioned whether staff was at all persuaded by the fact that this rezone proposal is south of an existing commercial zone, instead of to the north. Goodwin stated that is correct. In the past, there has been a pattern of commercial intersections, but not all the way between the intersections. It would be ideal if the owners could develop a shopping center or something with an access off of Smith Road, so they don't have all the individual accesses off the Guide. The owners need incentive to do that. If they don't, and the County continues to allow individual accesses up and down the Guide, there will be a mess. They will not get a strip mall all the way to Lynden if they stop at Smith Road. Recently, there was a rezone on the other side of Smith Road that reaches toward Lynden, and an application at Wiser Road in which the Planning Commission recommended denial. It is a continuing trend to push to rezone that entire Guide because people don't want to live there. However, some of the busiest roads in Vancouver are tree -lined with houses. They are not going to have a strip mall all the way to Lynden if they stop at the Smith Road. Fleetwood stated an applicant could argue that, by rezoning this commercial south of an existing commercial zone, the County is not adding to sprawl all the way to Lynden. Someone could make that argument if the parcel were north of commercial zoning, but this isn't moving to Lynden. Brenner stated it is infilling. Whatcom County Council, 2/12/2002, Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. Goodwin stated it is infilling. There could be commercial from Smith Road to the edge of Bellingham. Nelson stated they worked on this corner during Comprehensive Plan discussions. One of the concerns then was that they looked at the development nodes that were occurring in the rural communities. The County wanted to contain those nodes as much as possible, while recognizing the impacts of already- existing businesses and what they were providing to the local communities. At the time, he didn't recall adding to that area. He questioned whether this is a separate parcel. Goodwin stated there was discussion at that time about adding this parcel. At that time, Mr. Markwood wanted to be a part of the commercial zone. The motion was clear that the commercial zone only include those parcels that had the commercial structures on them. That didn't include this piece. The issue was discussed. Nelson questioned whether the discussion revolved around the existing structures to protect those businesses. Goodwin stated that is correct. The mapping was accurate, and matched the motion. Nelson asked if there was any other discussion about looking at this if the Guide Meridian were widened. Goodwin stated the plans for widening the Guide were not firm at that time. Roy stated she would not support the rezone. All day, they've been hearing proposals to change the Comprehensive Plan and zoning. Many of the rationales are because the properties are right next to a zone they want to become. She is concerned that the County needs to be firm about protecting that rural character along the Guide Meridian. They have to do what they can to stop the sprawl. Widening the road will not help the sprawl issue. It just means more cars will turn onto the road faster and get in each others' way. Motion to adopt the ordinance failed 1 -6 with Crawford in favor. CONSENT AGENDA Crawford reported for the Finance and Administrative Services Committee and moved approval of Consent Agenda items one through eleven. There are two scrivener errors, on items eight and nine. The amount for item eight should be $44,500. The amount for item nine should be $37,500. Those two requests are moving forward together for a total of $82,000. Brenner withdrew items eight and nine. Motion to approve Consent Agenda items one through seven, ten, and eleven carried unanimously. Whatcom County Council, 2/12/2002, Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF A VARIETY OF ROAD MAINTENANCE PRODUCTS USING THE WASHINGTON STATE CONTRACT FOR ROAD STRIPING PAINT AND BEADS IN THE AMOUNT OF $375,000; HERBICIDES IN THE AMOUNT OF $75,000; TIRES IN THE AMOUNT OF $50,000; GUARDRAIL MATERIALS IN THE AMOUNT OF $50,000; AND RUBBERIZED ASPHALT IN THE AMOUNT OF $30,000 (AB2002 -089) 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF LIGNOSITE FROM SOLE SOURCE MEENDERINCK LLC FOR DUST CONTROL ON COUNTY ROADS IN AN AMOUNT NOT TO EXCEED $85,000 (AB2002 -090) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF THREE POLICE VEHICLES USING THE WA STATE CONTRACT FROM DWAYNE LANES DODGE, IN THE TOTAL AMOUNT OF $58,077 (AB2002 -091) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO RENEW PROPERTY INSURANCE (AB2002 -092) 5. RESOLUTION FOR HEARING AND NOTICE OF HEARING ON SALE OF A PORTION OF COUNTY -OWNED PROPERTY, REQUEST NO. 01 -02 (AB2002 -093) 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY PUBLIC WORKS SOLID WASTE DIVISION AND THE CITY OF BELLINGHAM TO OPERATE THE DISPOSAL OF TOXICS FACILITY, SATELLITE TOXIC WASTE STATIONS AND COLLECTION SITES, AND THE LAKEWAY YARD WASTE COLLECTION FACILITY IN THE AMOUNT OF $364,000 (AB2002 -094) 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT MODIFICATION BETWEEN WHATCOM COUNTY HEALTH AND HUMAN SERVICES AND THE CITY OF BELLINGHAM - DETOX SERVICES TO PROVIDE FUNDING FOR THE ALCOHOL PROTECTIVE CUSTODY PROGRAM IN THE AMOUNT OF $56,036 (AB2002 -095) 8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN SERVICES AND THE CITY OF BELLINGHAM - DOMESTIC VIOLENCE COMMISSION FOR SUPPORT OF THE COMMISSION AGAINST DOMESTIC VIOLENCE IN THE AMOUNT OF $44,500 (AB2002 -096) Whatcom County Council, 2/12/2002, Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. Nelson moved approval. Brenner stated the only scope of work for items eight and nine was on Council packet page 94. She had an incident last August where she was a witness to domestic violence. She called and reported it. She talked to the Prosecutor. She is concerned because nothing in the scope of work gives her an idea of what these people will actually do. No one got back to her about what was going on in her situation. The guy pled guilty. He was back in the residence within a day. She's heard screaming, and has been called by the neighbors. She asked what the Commission Against Domestic Violence is actually doing. That is a lot of money. She asked where people go to get information. She couldn't get any information about the incident she witnessed. Crawford stated he attends many of the Domestic Violence Task Force meetings. (Clerk's Note: End of tape two, side B.) Crawford continued to state that the mission of the Task Force is to coordinate community resources for prevention programs on domestic violence. The Task Force does not respond to specific incidents. Brenner stated prevention is fine before the first occurrence, but they want to prevent it before it keeps happening. Neighbors called her repeatedly, because they didn't know what to do. Prevention includes future occurrences for at -risk families. Nelson read the function of the Task Force into the record. Brenner stated she didn't know how the Task Force is working with the general public and community. People are going to be less apt to report this and get involved if they feel they are isolated. Nelson stated the Task Force looks at projects that they can endorse. Crawford suggested that he and Councilmember Brenner attend the next meeting. Nelson stated the Task Force is scheduled to give a presentation to the Council on April 23, 2002. Crawford stated this item is an agreement with the City of Bellingham for the County to receive $44,500 from the City of Bellingham. Motion carried unanimously. Whatcom County Council, 2/12/2002, Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN SERVICES AND WHATCOM CRISIS SERVICES TO SUPPORT THE COMMISSION AGAINST DOMESTIC VIOLENCE IN THE AMOUNT OF $82,000 (AB2002 -097) Nelson moved to approve. Crawford stated the total amount that Whatcom County will spend on this contract is $82,000, with $44,500 coming from the City of Bellingham and $37,500 coming from the County. This contract is for total of $82,000. Motion carried unanimously. Crawford announced that the Finance Committee also recommends introducing an ordinance creating and providing for the organization, powers, and governance of a public facilities district to be known as the '"Whatcom County Public Facilities District" to explore the possible acquisition, construction, operation, and /or financing of one or more public facility projects including related parking facilities located within the county; adding a new chapter 1.17 to Title 1 of the Whatcom County Code (AB2002 -116). Dewey Desler, Deputy Administrator, stated the County Executive is interested in creating a public facilities district. The Council would create it. He wrote a draft ordinance to be introduced at this meeting and scheduled for a hearing and discussion at the next meeting. 10. RESOLUTION CANCELING UNCOLLECTABLE PERSONAL PROPERTY TAXES (AB2002 -098) 11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND RE SOURCES FOR CONDUCTING OUTREACH SERVICES PROMOTING WASTE REDUCTION AND RECYCLING AND PROPER HOUSEHOLD HAZARDOUS WASTE MANAGEMENT IN THE AMOUNT OF $25,000 (AB2002 -099) OTHER ITEMS 1. REPORT AND POSSIBLE ACTION ON THE RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING AMENDMENTS 2002 G, H, K, L, M, AND N (AB2002 -084) McShane reported for the Natural Resources Committee and stated the committee recommended approval of all. Whatcom County Council, 2/12/2002, Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. RESOLUTION APPROVING ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN ARCO AND BP, ASSIGNING THE NON- EXCLUSIVE PIPELINE FRANCHISE AGREEMENT TO BP (AB2002 -046) Brenner reported for the Public Works and Capital Projects Committee and stated this comes forward with a recommendation for approval. She so moved. Motion carried unanimously. 3. PRESENTATION BY ROLAND MIDDLETON, PDS LAND USE SERVICES DIVISION MANAGER, REGARDING JUNK CARS (AB2002 -113) Brenner reported for the Public Works and Capital Projects Committee and stated lack of coordination of enforcement is the biggest problem, according to the administration. The Planning Department, Health Department, and Public Works would try to work out those problems. The committee recommended that, when those solutions from the departments come back to the Council, they also include strengthening code enforcement, incrementally raising fines, and limiting the number of junk vehicles. Nelson questioned whether a legal opinion on raising fines would be included in the staff's recommendation. Brenner stated Mr. Middleton would run it through legal counsel. The issue has been handed to the administration, which will bring it back to the Council when there is a recommendation. 4. ORDINANCE AMENDING CHAPTER 24 OF THE WHATCOM COUNTY CODE TO INCLUDE MINIMUM REQUIREMENTS FOR AN ADEQUATE WATER SUPPLY AND MINIMUM REQUIREMENTS FOR THE SELLER TO PROVIDE INFORMATION TO THE BUYER CONCERNING THE WATER SOURCE WHEN SELLING DEVELOPED PROPERTY (AB2001 -369) Brenner reported for the Public Works and Capital Projects Committee and stated this item is held in committee for two weeks. Paul Chudek has been very patient while working with her and the committee. Nelson questioned whether the Council would see the original version along with the amendments. Brenner stated the committee would bring forward the amended version of the ordinance instead of starting from scratch. That is what the committee is for. Crawford agreed with Councilmember Brenner. Whatcom County Council, 2/12/2002, Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. Nelson stated he would like to see the amendments compared to the original language. Brenner stated staff would do that. S. DISCUSSION AND POSSIBLE ACTION REGARDING THE WATER SYSTEM COMPREHENSIVE PLAN FOR WHATCOM COUNTY WATER DISTRICT 10 (AB2002 -087) McShane reported for the Planning and Development Committee and stated no one had any comments during the committee meeting. 6. REPORT AND POSSIBLE ACTION ON THE RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING AMENDMENTS 2002 A, B, C, D, E, F, I, J, AND O (AB2002 -084) McShane reported for the Planning and Development Committee and stated this was held in committee. The committee's recommendation for item C was to not docket the item, but to write a resolution to request the City of Bellingham include this area in their urban growth boundary plan five -year review. The City already indicated that they would probably do that. He moved to approve a resolution for the City of Bellingham to include the area outlined in the Comprehensive Plan and zoning amendment 2002 -C in their five year review for urban growth areas. Nelson questioned whether this is appropriate. McShane stated the idea is that, until this Comprehensive Plan amendment came forward, the City of Bellingham had not been thinking that area as a potential area to extend it's urban growth boundary. Nelson stated Mr. Templeton paid to have his property considered as a docket item for a rezone. He questioned whether this individual had the opportunity to state whether or not he wants to continue with the docket process or withdraw. Heather Wolfe, Langabeer, Tull & Lee, stated she represents John Templeton. Ms. Decker said the City of Bellingham would consider Mr. Templeton's property as one of the five -year review areas. Nelson questioned whether the applicant would object to the resolution. Wolfe stated she supported the resolution. Caskey- Schreiber stated the committee learned that the Council could not docket the item without violating an interlocal agreement with the City of Bellingham. Whatcom County Council, 2/12/2002, Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. Goodwin questioned what kind of a resolution the Council wants, and whether or not the County needs a resolution to put the area into its five -year review. Nelson stated it is not a resolution. It is merely a motion to remove item 2002 -C from the list of docket items. McShane stated it is just a symbolic gesture. They talked about doing this for the Caitec property. It is very clear that the City will look at the Caitec property. The City is going to look at this area also. Nelson questioned what action is necessary. McShane stated there was no recommendation from the committee to docket items 2002 -B and 2002 -C. The committee is done looking at these items. Goodwin stated the Council would finish the resolution that is on Council packet page 164 when all recommendations from committees are in. The items that are approved for the docket will be attached as Exhibit A. She questioned who would draft the Templeton resolution. McShane restated his motion to support including the Samish Way proposed Comprehensive Plan amendment as part of the Bellingham urban growth area five - year review. Motion carried unanimously. 7. REQUEST APPROVAL TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM FOR CONSULTANT SERVICES TO OBTAIN A POPULATION, EMPLOYMENT AND HOUSING GROWTH PROJECTION STUDY FOR WHATCOM COUNTY AND THE CITIES WITHIN WHATCOM COUNTY IN THE AMOUNT OF $20,000 (AB2002 -100) McShane reported for the Planning and Development Committee and moved approval. Brenner asked why the County would only do this with the City of Bellingham, and not include the other cities. Sylvia Goodwin, Planning Division Manager, stated all of the cities are participating. It was prorated based on population. The small cities are putting in small amounts of money. Motion carried unanimously. Whatcom County Council, 2/12/2002, Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. 8. CONSIDERATION OF AN APPEAL OF THE HEARING EXAMINER'S DECISION ON FILE NO. LSS01 -0001, FILED BY TOM PRATUM, REGARDING REQUESTED PRELIMINARY APPROVAL FOR A FIVE -LOT CLUSTER SUBDIVISION (AB2001 -439) See "Announcements." 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A NEW LIQUOR LICENSE APPLICATION FOR BOB'S OK CORRAL, 7876 BIRCH BAY DRIVE, BLAINE, WA (AB2002 -101) Roy moved to approve. Motion carried unanimously. 10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE AN AMENDED LIQUOR LICENSE APPLICATION TO ADD OFF - PREMISES PRIVILEGE FOR GRAHAMS RESTAURANT, 9989 MT. BAKER HIGHWAY, GLACIER, WA (AB2002 -102) Crawford moved to approve. Motion carried unanimously. 11. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF TRENT VIGOR AND ALLAN SCOTT TO THE BICYCLE/ PEDESTRIAN ADVISORY COMMITTEE (AB2002 -103) Brenner moved to approve. Motion carried unanimously. 12. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF NATHAN KRONENBERG TO THE SCOPING COMMITTEE FOR SURFACE MINING (AB2002 -104) Brenner moved to approve. Motion carried unanimously. 13. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF LAURA WITTER FOR A PARTIAL TERM TO THE SUBSTANCE ABUSE ADVISORY BOARD (AB2002 -105) Nelson moved to approve. Motion carried unanimously. Whatcom County Council, 2/12/2002, Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. 14. NOTIFICATION OF THE EXECUTIVE'S ACCEPTANCE OF WENDY JONES AS THE DESIGNATED COUNTY JAIL ADMINISTRATION POSITION TO THE ESSENTIAL PUBLIC FACILITIES ADVISORY COMMITTEE (AB2002 -106) The Council concurred with the appointment. 15. REDISTRIBUTION OF COUNCIL COMMITTEE DUTIES (AB2002 -023) Brenner stated they are trading Roy for Crawford. Councilmember Roy was doing too much. She moved to remove Councilmember Roy from the Public Works Committee. Motion carried unanimously. McShane moved to appoint Councilmember Crawford to the Public Works Committee. Motion carried unanimously. 16. APPOINTMENT TO THE UTILITIES PLANNING AND ADVISORY COMMITTEE (AB2002 -088) Brenner moved approval of the applicant. She thanked David B. Determan for his application. Motion carried unanimously. INTRODUCTION ITEMS Brenner moved to accept the Introduction Items, including the additional items. Dewey Desler, Deputy Administrator, stated the administration requests the Council introduce a proposed ordinance. Motion carried unanimously. 1. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 20, TO ADD A NEW POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICT, CHAPTER 20.37, TO IMPLEMENT THE 2001 POINT ROBERTS SUBAREA PLAN AND MAP (AB2002 -107) 2. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.72, POINT ROBERTS SPECIAL DISTRICT, TO IMPLEMENT THE GOALS, POLICIES Whatcom County Council, 2/12/2002, Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. AND PROJECTS OF THE 2001 POINT ROBERTS SUBAREA PLAN (AB2002 -108) 3. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN, UTILITIES CHAPTER, WHATCOM COUNTY CODE, TITLE 20, AND WHATCOM COUNTY CODE, TITLE 21, TO ADD AND CLARIFY LANGUAGE RELATING TO THE REGULATION AND OPERATION OF UTILITIES PARTICULARLY NATURAL GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES AND TO INCLUDE SITING CRITERIA FOR TRANSMISSION PIPELINES AND OTHER TECHNIQUES TO PROMOTE HEALTH, SAFETY AND PUBLIC WELFARE (AB2002 -109) 4. ORDINANCE AMENDING THE 2002 WHATCOM COUNTY BUDGET, REQUEST #2 (AB2002 -110) 5. RESOLUTION AUTHORIZING THE SALE OF COUNTY RIGHT -OF -WAY TO THE STATE OF WASHINGTON FOR THE GUIDE MERIDIAN WIDENING PROJECT (AB2002 -093A) (HEARING TO BE HELD) 6. ORDINANCE AMENDING WHATCOM COUNTY CODE 10.24, FERRY RATES (AB2002 -114) 7. ORDINANCE AMENDING THE 2002 WHATCOM COUNTY UNIFIED FEE SCHEDULE (AB2002 -115) 8. ORDINANCE CREATING PUBLIC FACILITIES DISTRICT (AB2002 -116) OTHER BUSINESS Dewey Desler, Deputy Administrator, gave a report on the work going on under the alternative corrections building. The administration has asked the Executive to proclaim requirements that will allow the administration to execute immediate action on the cleanup of that facility. Following the action the administration takes, it must report to the County Council. He submitted information to the Council. They've discovered some very injurious toxic material in the soil underneath the building at 401 Grand Avenue. They are trying to extricate it immediately. The County acquired the building in the 1970's. They've also found a large tank, which they've extracted. The administration has taken action to create a safe environment for the workers, citizens, and the future generations who will use the land on that property. Brenner asked what the toxic material is. Desler stated it is a solvent. They've found that the building was probably used as a laundromat and a dry cleaning operation decades ago. It was also an automobile dealership in the 1930's and 1940's. Later, it was an auto body shop, and then an insurance agency. Whatcom County Council, 2/12/2002, Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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. Brenner asked if there was anything in the tank. Desler stated there was a modest amount of diesel, which was not the contaminated material they found in the soil. They've had to remove 450 cubic yards of material so far. They have to remove additional significant soil under the building. The administration was concerned about the contaminated soil getting close to a main water line that served the city. It is also within a couple hundred feet of Whatcom Creek. The tank was underneath one of the major support posts for the building, so they've had to put in another beam under the building. Brenner stated she is concerned about the creek. She asked if that stuff generally could seep into a water pipe. Desler stated that if there was a low pressure in the water pipe, they have to make sure there is not some intrusion through the major pipes themselves. He didn't think that has occurred. Roy thanked the administration for not covering up the situation. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS There were no reports. ADJOURN The meeting adjourned at 9:08 p.m. Jill Nixon, Minutes Transcription These minutes were approved by Council on March 26 , 2002. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown - Davis, Council Clerk L. Ward Nelson, Council Chair Whatcom County Council, 2/12/2002, Page 26