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WHATCOM COUNTY COUNCIL
COMPREHENSIVE PLAN PUBLIC HEARING
March 18, 1997
The meeting was called to order at 6:30 p.m. by Council Chair Ward Nelson in the
Council Chambers, 311 Grand Avenue.
Also Present: Absent:
Marlene Dawson None
Barbara Brenner
Tom Brown
Alvin Starkenburg
Kathy Sutter
Robert Imhof
Nelson announced the written record is open until March 27 at 4 p.m. He also stated:
there will be a work session on March 25 from 11 a.m. -5 p.m.;
a work session is tentatively scheduled for April 1 from 11 a.m. -5 p.m.; and
final adoption will be scheduled for April 8.
Michael Knapp, Planning and Development Services Director, explained the Growth
Management Act (GMA). He explained protection of ag land. If someone has 20 acres or more
within the designated ag protection zone, it would begin a process that would allow one to
cluster on 20% of the land, the remaining 80% would allow the County to comply with the
Growth Management Act (GMA) as resource protection.
The following people spoke at the public hearing:
Laurel Durrett, 923 -23rd Avenue E., Seattle: She represented young people interested in
farming. She expressed concerns about mining in prime ag land, stating that 25% of the use of
that land is lost when mined and urged Council examine southern counties and use their
preservation of farmland as an example.
Curt Smelser, 601 Union St. #4100, Seattle: He spoke to the Custer
Industrial / Intermodal Transportation Urban Growth Area and proposed the following change:
should be designated as an urban growth area and not "potential ", as this goes beyond the stage
of potential. He agreed with the concept of an intermodal transportation facility and urged
Council to make a positive statement by incorporating changes suggested in the redline handout.
Jim Trull, 7417 West Mercer, Mercer Island: Growth and rail has dramatically changed;
growth in rail has increased over 50 %. Transportation in containerships has increased and, with
this change, the County will have an industrial -based economy.
Jim Lawson, 1222 Beach Ave., Lummi Island: He requested Council remove the MRL
designation and continue the quarry's non - conforming use designation and require the operator to
Comp Plan Public Hearing Minutes, 3/18/97, Page 1
I restrict activities to the area stipulated in his permit.
2 Brian Knutzen, 3600 Nelson Road, Deming: He wanted only to present a letter to
3 Council.
4 William LaFreniere, 641 Kelly Road: He presented a history of farming in the County
5 and expressed concerns regarding the loss of farming and increasing taxes.
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7 (Clerk's Note: End of tape three, side A.)
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9 LaFreniere continued to state that farming is the national heritage. He stressed the need
10 for serious housecleaning in our government.
11 Elaine McRory, 1781 N. Shore Road: She was interested in water quality issues and
12 expressed the need to have adequate protection for water quality plans in the Comp Plan.
13 Susan Taylor, 3131 Hilliard Street: She spoke against any policy shifts which will
14 decrease water quality protection. She wants strong agricultural protection zones.
15 Connie Hoag, 2633 Halverstick Road, Lynden: She displayed a map and stated that it
16 displays that the County already has enough aggregate. She spoke on reclamation, stating that
17 reclamation of prime ag soil is not possible.
18 Gayle Pattenaude, 5809 Aldrich Road: She spoke on the National Heritage Plan, noting
19 the Growth Management Hearings Board (GMHB) is non - elected. An economic impact
20 statement is needed. She would like to see a cost rundown on the cost of plans by the County.
21 Frances Barbagallo, 5625 Rutstaz Road, Deming: She spoke on a small operation on the
22 Rutstaz Road owned by Wilder and the DNR. The site does not meet the minimum criteria for a
23 MRL designation.
24 Lois Holub, 4524 Valley Highway, Deming: She pointed out each property owner is
25 responsible for his own property rights.
26 William Manthey, 5550 Aldrich Road: He would like to be downsized, as he cannot
27 compete paying taxes when the property across the road sells for golf course prices.
28 Dustin Westhoff, 8381 N. Telegraph Road: He spoke on the potential gravel pit on the
29 Halverstick and Van Buren Road. This farmland needs to be saved for the future. He urged
30 Council save the prime ag soil.
31 Jerald Hardy, 1308 E. Pole Road, Everson: Land in his area is not prime growing land; it
32 has been mined for many years. Council must examine facts, not rhetoric.
33 Rick Benner, 4406 Minaker Road, Sumas: He opposed an MRL north of the Minaker
34 Road and urged Council to not sell out the water and the citizens.
35 Debra Benner, 4406 Minaker Road, Sumas: She addressed the expansion of the Killam
36 pit, the pipeline, and the explosion of the pipeline, which was possibly caused by mining. She
37 requested Council prohibit mining in areas where pipelines are, noting the need to protect
38 County citizens.
39 Art Anderson, representing the General Contractors, 5326 Williams Road, Everson: He
40 congratulated Council on its efforts.
41 Dan Taylor, 717 -17th Street: Growth Management makes the County lose sight of this
42 visionary process. More work is needed with the cities. He stated small towns and crossroad
43 communities do have water problems which need to be addressed. Policy 2 needs to be double -
44 checked. Details were lost in the Lummi Island, Eliza Island and Point Roberts Comp Plans
Comp Plan Public Hearing Minutes, 3/18/97, Page 2
I altogether. Utilities needs to be addressed.
2 John Van Boven, 1046 Central Road, Everson: He spoke about gravel, stating his
3 employees are concerned about the environment. The gravel industry supplies a product used by
4 everyone here. There is a tremendous increase in regulations.
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6 Vincent Kelley, 4300 Kansas Street: He would like to continue the quality of life as is.
7 He inquired if anyone on the Council stands to gain from ownership of property, etc. Nelson
8 explained that would be handled under a disclosure.
9 Lois Garlick, 297 Chuckanut Point Road: She spoke on environmental hazards,
10 enforcement, and the public process.
11 Bill Riley, 16 Tee Place, Sudden Valley: He was left out of the urban growth area
12 because there was no room.
13 Darryl Ehlers, 2366 Halverstick Road, Lynden: He expressed concerns about gravel pits
14 which will cause dust which carries mites. He also spoke on the possibility of the County not
15 expecting the mining operations not to have liability bonding.
16 Jay Hoag, 2633 Halverstick Road, Lynden: He spoke on liability bonding and future
17 buyers and wondered if landowners who have been farming for generations shouldn't have the
18 same rights as potential buyers. He urged Council protect homes and farms.
19 Michael Crawford, 1868 Rocky Roll Lane, Sedro Woolley: As a pit operator, he spoke
20 on the need for gravel due to the increase in population. The mining industry needs to have land
21 that has to be used for the road, churches, streets, homes, etc. Please take a good hard look at
22 what has been done and get on with the approval. There is no evidence that mining has
23 downgraded aquifers.
24 Wayne Beech, 8702 Silver Lake Road, Maple Falls: He spoke to the exposure of the
25 impacts that have been in the paper. Gravel trucks are no different that the recreational vehicles
26 which travel to Silver Lake. We are all living in as close harmony as could be expected.
27 Gerald Holmquist, 9821 Holmquist Road, Lynden: As a fourth generation farmer, he
28 addressed the need for protection of the water for drinking, the farms and wildlife. He urged
29 Council save the best soils for agriculture and allow mining at marginal farm soil areas.
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31 (Clerk's Note: A ten - minute break was taken)
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33 Cap Galloway, 2654 Halverstick Road, Lynden: The gravel industry will be funneling
34 across the line. There is nothing conservative about turning prime ag land into gravel pits.
35 Larry Van Wervan, 7555 Hannagen Road, Lynden: He requested Council support Van
36 Boenen.
37 Win Wilson, 3015 Arnie Road, Custer: He noted most of the testimony has been about
38 gravel and spoke on the new EIS (Environmental Impact Statement) which deals with Custer.
39 He wondered why the County is sponsoring the EIS. Also, there has been no public process.
40 Rita Foley, 3878 Blue Canyon Road: She addressed helicopter logging.
41 Lora Strobel, 5337 Elder Road, Ferndale: Regarding Custer, she noted County legal
42 counsel Mackie's recommendation on page 262 did not make it into the proposed changes. Goal
43 2B needs to be tied into rail - related transportation. She was also concerned about this process,
44 as the meeting place was changed at the last minute.
Comp Plan Public Hearing Minutes, 3/18/97, Page 3
I Wendie Nickel, 32689 Huntington Road, Abbotsford: She requested the aquifer be
2 cleaned up. Reclamation does not work.
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5 Ken Nickel, 32689 Huntington Road, Abbotsford: The Abbotsford City Council has
6 denied several gravel pits. Several farmers who mined their land did not even go back to that
7 land.
8 Dana Feldmann, 3161 Arnie Road, Custer: Council was urged to make sure this process
9 occurs properly.
10 John Hruby, 7401 Valley View Road, Ferndale: He addressed Custer and this process,
11 asking if Council has considered if what it has created under the plan is the right thing for all.
12 He pointed out the need to be accountable.
13 Bruce Haas, 3501 Alm Road: He suggested word changes in MRL zoning and noted that
14 some of the proposals for mining are in the middle of a residential area.
15 Saim Ural, 3431 Alm Road: He was concerned about the gravel zone. There are a lot of
16 rules which protect the gravel industry but not the citizens of the County.
17 David Davidson, city of Nooksack Planner: He spoke to the MRL designation east of
18 Nooksack. The existing pits have lapsed and designating new MRL to a lapsed site creates a
19 domino effect.
20 Crista Simmons, 3398 Breckenridge Road: She was in support of the non - conforming
21 permit of the gravel pit.
22 Susanne Ural, 3431 Alm Road: She supports her neighbors, Bruce Haas and Crista
23 Simmons. Council does not support the citizens who live next to a gravel pit. The process has
24 been difficult, and the public was left in the dark.
25 Bill Simmons, 3398 Breckenridge Road: His property borders on the side where a
26 gravel pit could be.
27 Bill Geyer, representing Cloverleaf and Associates, 1008 -16th: He spoke to the need to
28 determine a short term vs a long -term boundary.
29 Roger Almskaar, 1401 Astor Street: He spoke to the changes in the land use map for
30 Nancy Giles and mandatory clustering. Clustering rules cannot be too tight. There is a need for
31 a larger density bonus.
32 Martin Van Buren, 623 E. Wiser Ridge: He stated more parks and trails are not needed,
33 as 70% of the land is owned by the government. The cost of the Heritage Plan should go into the
34 costs of jails, law enforcement, sheriff, and the Auditor's Office.
35 Brian Holmquist, 9805 Holmquist Road, Lynden: He is a fifth generation farmer and
36 would like his children to have the chance he had. Holmquist was opposed to gravel pits in
37 prime ag land. He requested Starkenburg abstain from voting on the ag and MRL section.
38 Steve Reimer, 161 Cain Lake Road: A plan is needed for the community in order to
39 bring it together. Also, recognizing the service and density is needed.
40 Michael Waite, 3433 S. Bay Drive: He opposed the MRL for pit #103 in South Lake
41 Whatcom. The conditional use permit (CUP) process is all that the owner would need.
42 Jeff Palmer, 2023 North Shore Drive: Every contractor needs sand and gravel. The
43 County needs the construction industry. Council can ensure the source that the contractors need
44 to continue. The gravel industry provides living wage jobs. The sand and gravel resources need
Comp Plan Public Hearing Minutes, 3/18/97, Page 4
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to be protected.
Jean Freestone, 3200 Vallette: The County continues to place demands, and it is very
frustrating to property owners. She concurred and urged the recommendations brought forward
by Phil Serka today be accepted by Council.
Keith Howard, 4680 N. King Mt. Road: He spoke on behalf of Wilder Construction,
which does about $12 million worth of business in the County. They have not harmed the water
quality.
Joanne Grist, representing 1000 Friends of Washington, 1305 -4th Avenue #303, Seattle:
She stated the Comp Plan continues to encourage sprawl. The plan has serious threats to the
water quality.
Russell Hunt, 1073 Mobile Lane, Ferndale: He stated the problem was not with the
gravel companies or the farmers; it was with the contractors who are opposed to farmland and
gravel companies. Once these businesses are eliminated, the price of gravel become very high,
as it must be trucked in which, in turn, leads to increased truck traffic, noise, etc.
(Clerk's Note: A five- minute break was taken.)
Bob Wiesen, representing the Washington Association of Water Systems, 3314 Douglas
Road, Ferndale: He expressed concern regarding the water quality. In converting the County
from a can do to a can't do, we are in the process of destroying the American dream.
Patrick Alesse, 4825 Alderson Road, Birch Bay: He was concerned about Birch Bay
becoming a city.
Brad DeHaan, 1605 Van Dyke Road, Lynden: Gravel pit land can be reclaimed and
farmed. He has done this by personal experience. His company has been prohibited from
acquiring a CUP. Shell cannot be used in the asphalt and concrete industry. There is a need to
set aside land for the gravel.
Lesa Starkenburg - Kroontje, 115 Front Street, Lynden: The Comp Plan is all tied
together. The infrastructure is needed to provide the roads, homes, etc, for growth. The interim
MRL was adopted in 1992; MRL needs to be identified within 300 feet. Planning for the future
is needed.
Rodd Pemble, 2915 Cedarwood: There must be the vision of Whatcom County, which is
a lengthy process. People are frustrated with the length of this process. Leadership is needed to
seek common ground.
Geoff Menzies, 988 W. Laurel Road, Ferndale: He is the co -owner of Drayton Harbor
Oyster and applauded the addition of the shellfish habitat, a resource worth protecting.
Peri Jahutka, 78 Columbia, Abbotsford: Connie Hoag spoke for Ms. Jahutka, who was
ill. Jahutka was concerned about the land they own next to the border which will be changed to
MRL. Gravel mining will negatively affect the local citizens' water supply, as well as the
wildlife.
Richard Gilda, Jensen Road: He spoke on the Lake Whatcom Watershed and the need
to save gravel, which is to cut the regulations. Resource overlay will cause more problems.
Anne Hayden, 915 Coronado: She urged Council to strengthen and protect the water
Comp Plan Public Hearing Minutes, 3/18/97, Page 5
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resources. Trash piles from construction sites go into the streams. The Lake Whatcom area
should not be in an urban growth boundary.
Chris Smith, 8528 Custer School Road: Smith addressed the issue of the EIS regarding
Custer, stating the process is unfair. The Final SEIS has not been adequately made available to
the public. Mackie's recommendations for Custer are fair.
Judd Ulrich, 105 A Blair Drive, Everson: He spoke to the Killam pit on the map. The
retreat should be preserved.
Stephanie Starkenburg, 8099 Emery Road, Lynden: She advocated Council set aside the
adequate supply needed by the County, which has supplied the materials for the dike repairs.
Quality materials in Whatcom County are needed.
Jim Bride, 8022 Cypress Way: He is the operator of the Lummi Island quarry and stated
the quarry meets all criteria in the MRL.
Roger Ellingson: Regarding the MRL, the issue is: is there enough material out there?
Sherilyn Wells, 1020 Geneva: She spoke to downzoning and noted that in Chapter 11,
page 2 was removed from the Plan. Water quality is more important than economic
development.
Jerry Marr, 4799 Mt. Baker Highway: He spoke to cluster houses. Land should be
flexible.
AnJOITRN
The meeting was adjourned at 10:35 p.m.
NaDean Hanson, Recording Secretary
These minutes were approved by Council on , 1997.
ATTEST:
Dana Brown- Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Member
Comp Plan Public Hearing Minutes, 3/18/97, Page 6