HomeMy WebLinkAboutCouncil January 23 1996WHATCOM COUNTY COUNCIL
Regular Council Meeting
January 23, 1996
The meeting was called to order at 7 p.m. by Council Chair Ward Nelson in the
Council Chambers, 311 Grand Avenue.
Also Present: Absent:
Robert Imhof None
Barbara Brenner
Marlene Dawson
Tom Brown
Alvin Starkenburg
Kathy Sutter
ANNOUNCEMENTS
Nelson announced that items 1 and 2 scheduled for Committee of the Whole will
be held until the next council meeting (February 6) (Budd Shoreline Variance, AB95 -453
and RECOMP of Washington HDA, AB95 -409).
He also announced that volunteers for the canvassing board are needed for
February 7 at 4 p.m and February 16 at 9:30 a.m. Brenner volunteered for February 7;
Imhof volunteered for February 16.
Also discussed in executive session was the interlocal negotiations on urban
growth areas (AB96 -042). Direction was given from staff. Tllere will be two meetings in
Lynden, one January 24 in the evening and one the following week (to be announced).
Testimony is limited to written comment. 1-
APPROVAL OF MINUTES FOR THE FOLLOWING MEETE'46S: DECEMBER 12,
1995 AND JANUARY 2, 1996 REGULAR COUNCIL MEETINGS; JANUARY 4,
1996 SPECIAL COUNCIL MEETING.
Imhof moved approval of the minutes as presented.
Motion to approve carried unanimously.
Regular Council Minutes, 1/23/96, Page 1
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SPECIAL PRESENTATIONS
1. RECOGNITION OF OUTSTANDING SERVICE PROVIDED TO THE
WHATCOM COUNTY PARKS DEPARTMENT BY A WHATCOM
COUNTY VOLUNTEER (AB96 -040)
This item was pulled due to weather conditions and will be rescheduled for
February 6.
2. RESOLUTION DESIGNATING THE WEEK OF JANUARY 21 TO
JANUARY 27, 1996 AS KIWANIS WEEK (AB96 -022)
Brenner moved approval of the resolution.
Motion to approve carried unanimously.
Before moving to the next item, Nelson explained the new public hearing policy
which requires the public to sign up to request to speak before the hearing begins. The
hearing time will be thirty minutes.
3. DISCUSSION WITH THE SHELLFISH DISTRICT ADVISORY
COMMITTEE REGARDING DRAYTON HARBOR ISSUES (AB95-
491)
Janet Hanson, Box 2147, Blaine, Chair of the Committee: She explained that due
to fecal coliform contamination about a year ago, Drayton Harbor had to be closed. A
handout was given to the clerk and Council members. Three priority sources of
pollution were identified: stormwater runoff from the City of Blaine; onsite septic
systems around the Harbor and in close proximity to it; and the small boat marinas.
She listed three items her committee requested the Council accomplish.
Jeff Menzies, 988 W. Laurel, Ferndale: He explained more of Hanson's handout.
He noted the state monitors the stations monthly, of which there are 12 in the Harbor
and a few outside the Harbor. All the stations in the approved areas met the state's
standards. He noted that a year of good data is needed in order to see an upgrade.
Tom McInerny, 6320 Rutsatz Road, Deming (Whatcom County Health Dept.):
He discussed some of the possible plans of action to help correct the problem.
Brenner moved to put this in Natural Resources Committee.
Motion carried unanimously.
Regular Council Minutes, 1/23/96, Page 2
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OPEN SESSION
The following people addressed the Council:
Rita Foley, South Lake Whatcom: She feels Council members should be sensitive
to all citizens and mentioned sewage running down Lake Whatcom Boulevard.
Rosanne Schmidts, Health Coordinator for the Well Adult Program through the
Parks Department and Senior Center and Senior Services: She thanked the County
Health Department and Senior Services for a successful flu vaccine clinic.
Jean Freestone, 3300 Vallette Street: Shellfish protection in Drayton Harbor
(AB95 -491)
John Mortenson, 2828 Northwest Avenue: TCI Cablevision (AB95 -307A)
Lora Strobel, 5337 Elder Road, Ferndale: TCI Cablevision (AB95 -307A)
Hearing no one else, Nelson closed the open session.
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee and moved
approval of consent items 1 through 13.
Imhof requested that items 1, 2 and 4 be pulled from the consent agenda.
Main motion to approve carried unanimously.
Imhof stated item #1 is less than $10,000 and does not need an RFP (Request for
Proposal). He moved approval.
Motion to approve carried unanimously.
Ray Gordon, Jail Administrator, explained item #2 and requested the item be
withdrawn at this time.
Imhof moved to withdraw the item.
Motion carried unanimously.
Ray Gordon, Jail Administrator, explained item #4.
Imhof moved approval of the extension of the contract.
Motion carried unanimously.
Regular Council Minutes, 1/23/96, Page 3
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1.
REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO AN AGREEMENT WITH DR. KENNARD MCNICHOLS
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FOR PHYSICIAN SERVICES FOR INMATES IN THE WHATCOM
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COUNTY JAIL (AB96 -036)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO AN AGREEMENT WITH DR. VON HANKS FOR
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DENTAL SERVICES FOR INMATES IN THE WHATCOM COUNTY
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JAIL (AB96 -037)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO AN AGREEMENT WITH THE WHATCOM
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COUNSELING AND PSYCHIATRIC CLINIC FOR PSYCHIATRIC
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SERVICES FOR INMATES IN THE WHATCOM COUNTY JAIL
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(AB96 -038)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO AN AGREEMENT WITH NORTH CAMPUS
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PHARMACY FOR PHARMACEUTICAL SERVICES FOR THE
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WHATCOM COUNTY JAIL (AB96 -039)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO A CONTRACT AMENDMENT WITH CASCADE
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VOCATIONAL SERVICES TO PROVIDE STATE PASS - THROUGH
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FUNDS FOR DEVELOPMENTAL DISABLED SUPPORTED
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EMPLOYMENT SERVICES FOR THE PERIOD OF JULY 1, 1995 TO
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JUNE 30, 1997, IN THE AMOUNT OF $137,028.05 (AB96 -023)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO A CONTRACT AMENDMENT WITH CURRENT
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INDUSTRIES TO PROVIDE FUNDS FOR SHELTERED
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EMPLOYMENT AND SUPPORTED EMPLOYMENT SERVICES FOR
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THE DEVELOPMENTAL DISABLED FOR THE PERIOD OF JULY 1,
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1995 THROUGH JUNE 30, 1997, IN THE AMOUNT OF $292,674.49
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(AB96 -024)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO A CONTRACT AMENDMENT WITH VANGARD, INC.
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TO PROVIDE FUNDS FOR SUPPORTED EMPLOYMENT SERVICES
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FOR THE DEVELOPMENTAL DISABLED PERSONS FOR THE
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PERIOD OF JULY 1, 1995 THROUGH JUNE 30, 1997, IN THE
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AMOUNT OF $282,310.03 (AB96 -025)
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Regular Council Minutes, 1/23/96, Page 4
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO A CONTRACT AMENDMENT WITH KULSHAN
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VOCATIONAL SERVICES TO PROVIDE STATE PASS - THROUGH
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FUNDS FOR SUPPORTED EMPLOYMENT SERVICES FOR THE
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PERIOD OF JULY 19 1995 THROUGH JUNE 309 19979 IN THE
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AMOUNT OF $1529316.19 (AB96 -026)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO A CONTRACT AGREEMENT WITH CATHOLIC
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COMMUNITY SERVICES NORTHWEST TO PROVIDE INTENSIVE
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GROUP THERAPY SERVICES FOR PRESCHOOL
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CHILDREN /PARENTS FOR THE PERIOD OF JANUARY 1, 1996
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THROUGH DECEMBER 31, 19969 IN THE TOTAL AMOUNT OF
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$939761.00 (AB96 -027)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO A CONTRACT WITH RUSTAND INC. TO PROVIDE
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OFF -SITE WORK RELEASE BEDS FOR THE PERIOD OF JANUARY
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19 1996 THROUGH DECEMBER 31, 19969 IN THE TOTAL AMOUNT
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OF $2559500.00 (AB96 -028)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO A CONTRACT WITH THE WASHINGTON STATE
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DIVISION OF ALCOHOL AND SUBSTANCE ABUSE STANDARD
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WORK ORDER, DSHS 09 -815, TO PROVIDE STRUCTURED
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RESIDENTIAL SUBSTANCE ABUSE SERVICES FOR JUVENILE
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OFFENDERS IN DETENTION AND THEIR FAIVIILIES FOR THE BI-
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ENNIUM ENDING JUNE 309 1997 (AB96 -029)
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RESOLUTION ACCEPTING THE TREASURER'S LIST OF
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PROPERTY TAX REFUNDS (AB96 -030)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO A CONTRACT AMENDMENT FOR PROFESSIONAL
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SERVICES BETWEEN WHATCOM COUNTY AND LANE POWELL
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SPEARS & LUBERSKY FOR LEGAL SERVICES TO MARCH 31, 1996
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IN THE AMOUNT OF $259000 (AB96 -031)
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PUBLIC HEARINGS
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1.
ORDINANCE ADOPTING INTERIM URBAN GROWTH AREAS IN
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ACCORDANCE WITH THE GROWTH MANAGEMENT ACT, AS
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AMENDED, AND IN RESPONSE TO THE GROWTH
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MANAGEMENT HEARINGS BOARD (AB96 -019)
Regular Council Minutes, 1/23/96, Page 5
1 (Clerk's Note. This portion of the meeting started at 8 p.m.)
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3 Starkenburg reported for the Planning and Development Committee. He
4 explained that this ordinance is in response to what the Growth Management Hearings
5 Board requested. He further explained that the Council is working from the substitute
6 ordinance. He noted this ordinance comes before the Council without a
7 recommendation.
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9 Brenner requested that staff reports be given before the public hearing so that the
10 public may respond to any new information.
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12 Vickie Hardin Woods, Planning Manager, Planning and Development Services,
13 gave a staff report. Woods gave a general summary of the background and history of the
14 process. She referred to information that was submitted to the committee earlier in the
15 day and explained the history of the issue.
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17 In May 1994 the County adopted Interim Urban Growth Area boundaries as it
18 was required to do so by the Growth Management Act that had occurred in 1993.
19 Subsequent to that, in November of that same year the draft Whatcom County
20 Comprehensive Plan was completed and final Urban Growth Area boundaries were
21 proposed. That plan was based on much public process that did some extensive
22 surveying of people's opinions about what they wanted to see in Whatcom County. Over
23 30 town hall meetings involved many citizen committees. The results of the survey were
24 then compared to the Growth Management Act goals, and a plan was drawn up by the
25 Planning staff that tried to combine those things as much as possible and propose a
26 balanced plan to the County that would try to incorporate and balance both of those
27 things. After that plan was proposed, the Planning Commission and the Council held
28 joint public hearings on the proposed final boundaries as well as all the other pieces of
29 the Comprehensive Plan around the County. Woods stated she believed there were four
30 public hearings where testimony was taken about those proposed boundaries.
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32 Meanwhile, just shortly after the plan was completed, the Growth Management
33 Hearings Board ruled that the adopted Interim Urban Growth Area boundaries adopted
34 by the County in May were inconsistent with the Growth Management Act. Two specific
35 reasons were cited why they were inconsistent: one was that there was not enough
36 supporting documentation and analysis to quantify that the urban growth areas identified
37 were of sufficient size. The other citing was that the development regulations that are in
38 place in Whatcom County were not sufficient to discourage urban sprawl outside those
39 urban growth areas. The County had relied upon its existing development regulations to
40 protect its rural areas from being developed. In February 1995 the Board notified the
41 County it was still inconsistent and asked what the County was going to do about it. The
42 option was to continue to try to get the final urban growth areas adopted as vigilantly as
43 it could, but that has been a long and drawn out process with the Planning Commission.
44 Trying to involve the public and consider all of the issues was part of that process. In
Regular Council Minutes, 1/23/96, Page 6
1 December 1995 the Board acted to consider to invalidate the Interim Urban Growth
2 Area ordinance. That was a new power that was granted to the Board by the legislature
3 in 1995 that stated not only can it rule a County's plan inconsistent with the Act, but it
4 actually may invalidate their ordinance. The Board ruled the County was still
5 inconsistent and gave it until January 19, 1996 to comply with the Growth Management
6 Act and to either roll back the Interim Urban Growth Area boundaries and adopt
7 sufficient regulations or support appropriate regulations and boundaries. They scheduled
8 a hearing to consider invalidating the ordinance on January 30.
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10 In the meantime, the State Community Department of Trade and Economic
11 Development contacted the County to offer assistance and encouragement for the
12 County to come into compliance with the Growth Management Act as best and as soon
13 as it could. The Council met and considered what the response should be to the Board
14 action and determined a desire to try to comply. It was chronologically impossible for
15 the County to be in compliance by the January 19 deadline. The Planning Department
16 put together the ordinance that was introduced a couple of weeks ago in order to do the
17 best job the County could. That ordinance relies upon the fact that there was analysis in
18 the proposed draft County plan which supported urban growth areas that there was
19 sufficient and extensive public process that allowed people to comment on that.
20 Therefore adopting those boundaries as interims would be sufficient to get the County
21 through until the Planning Commission could complete their work and the Council could
22 complete its work to adopt final boundaries.
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N That ordinance was drafted quickly. It needed some clean up work, and that was
25 the information that was submitted to the committee this afternoon. What was
26 submitted to the committee was a set of new city maps. There were several errors in the
27 maps as they had been drafted, so the corrected maps were introduced today and posted
28 outside the building. Woods stated.she believed all Council members have received
29 copies of those new city maps. They are not substantial changes but small changes and
30 were primarily errors in the way that they had been drawn so quickly. Also, the
31 substitute ordinance that Mr. Starkenburg referred to earlier was introduced. That
32 ordinance in particular includes substantial new findings that support the Urban Growth
33 Area boundaries that the County has proposed. So it does not propose substantial
34 changes but quantifies why those are appropriate boundaries. Woods said she would like
35 to reserve the right to go over the new information in detail so that it is on the record
36 why this new information is appropriate for Whatcom County. It was also provided at
37 that time an Urban Growth Area Analysis Report, which was a compilation of
38 information that had been put together to develop the Comprehensive Plan as well as
39 some updating of that information. It includes population projects that analyze city and
40 county growth and how that population would be distributed throughout the county, what
41 kind of densities occur as a result of that, what the land demand is, and how much
42 capacity there are in those areas to absorb it. Those numbers were cited in the new
43 findings that were submitted to you today in the substitute ordinance.
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Regular Council Minutes, 1/23/96, Page 7
1 Also received today were more specific County maps. Because of the size of the
2 County, there were four regional maps, and now there are 15 to 20 maps to cover these
3 regions. Staff presented a suggestion of a work plan to complete adoption of the final
4 Urban Growth Area boundaries by September 1996.
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6 Woods stated she wanted the opportunity to go over the interim urban growth
7 areas and summarize why the County's development regulations work.
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9 In answer to a question regarding documentation of the public process, Woods
10 stated she forwarded same to the Department of Community, Trade and Economic
11 Development, substantiating the public process for the Comprehensive Plan. It was also
12 submitted to the Clerk for the record.
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14 She then discussed the County's major residential areas, area by area. Pointing to
15 Birch Bay boundary, Woods stated the County's ordinance is based on the fact that the
16 County has been doing good quality Comprehensive Growth Management -based
17 planning in Whatcom County since 1981 and probably prior to that. Actually, there were
18 growth management -type goals adopted for the County in 1979. There were ten subarea
19 plans that have been adopted from 1981 through 1984 implementing those goals. Those
20 goals were to concentrate growth to prevent sprawl; recognize that development in rural
21 areas should be low density and complement the rural character; conserve agricultural
22 and forestry lands; limit the demand for urban services; and develop land use regulations
23 consistent with these goals. The subarea plans adopted zoning to implement those goals.
?4 The zoning in the County designated urban growth areas, urban residential, as intended
25 to be an urban reserve zone, which is area intended to be designated to accommodate
26 urban levels of growth but not until such time as urban services are available. The
27 development regulations affect those areas by demanding this take place. The densities
28 do not happen unless there are water and sewer service available.
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30 The Birch Bay Urban Growth Area is based on a historical pattern of
31 development and is intended to be coincidental to the boundaries of the Birch Bay
32 Water and Sewer District so that services could be provided to the area. It is also based
33 on a traditional pattern of development which is resort recreational in nature and, in
34 fact, when the Birch Bay Subarea Plan was adopted in 1987, over 50 percent of the
35 parcels in the area were in Canadian ownership. This makes predicting growth very
36 difficult and speculative. The densities in these areas are expected to increase but are
37 not intended to expand beyond the boundaries seen on the map. Based on the historical
38 development patterns and the estimated future demands in this area, it is an appropriate
39 area.
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41 Cherry Point is the second major County Urban Growth Area for residential
42 development. This area is an unincorporated industrial one and is a component of a
43 series of urban growth areas for the County that are industrial in nature that are based
44 on the County's subarea plans that have been adopted over time that intend to designate
Regular Council Minutes, 1/23/96, Page 8
1 lands which could provide a good economic base in the County, a reasonable supply of
2 land, and isolate heavy industrial areas for more intensive development. This area is
3 buffered. There are regulations in areas designated requiring it be buffered from
4 adjacent land uses.
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6 Sudden Valley is a County - designated urban growth area. This is based on zoning
7 established by the Lake Whatcom Subarea Plan and adopted in 1982 and based on
8 historical development patterns and estimated future demands. The area is extensively
9 platted with over 90 percent of the area being in platted and approved lots. This area is
10 anticipated to be infilled and is not anticipated to be increased in area.
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12 The next area is industrial and includes two pieces of land, one of which is the
13 Gateway Industrial Area, which was intended to supply a reasonable amount of land for
14 displaying industrial capabilities and allow for phased expansion in areas so that each
15 phase presents a healthy, economic image. The locational criteria for that requires that
16 it be near a major international transportation route, have the potential for sewer, water
17 and storm drainage service of some sort, and a labor pool supply within a 45 minute
18 commute.
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20 The other industrial area is a rezone that happened near the Custer area in
21 March 1995. This was not included in the original Interim Urban Growth Area
22 ordinance adopted by the County. It is not specifically designated in the proposed
23 Comprehensive Plan. It is, however, discussed and supported as perhaps appropriate in
24 the Birch Bay - Blaine Subarea Plan adopted in this area. The findings in this substitute
25 ordinance are basically the same findings that supported that rezone, which is there is a
26 need for industrial land adjacent to rail access and that conditions have changed that
27 make it appropriate to have industrial land in this area, including the establishment of
28 Amtrak service, the need for industrial jobs, and the potential availability of gas and
29 electrical power.
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31 Peaceful Valley and Paradise Lakes is another County unincorporated residential
32 area, which is platted to a great degree and has a large percentage of out -of-
33 County /country ownership. It was a recognition of a historical development pattern that
34 was established in the Foothills Subarea Plan, which was adopted in 1988. The densities
35 here will increase because it will infill. Seventy -five percent of it consists of platted lots.
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37 Point Roberts is a particularly unique area. Much work was done in order to
38 adopt a Subarea Plan in 1990. This area is a spotty, urban growth area in that only the
39 areas that are designated UR are included in the urban growth area because there was a
40 specific recognition in that Point Roberts Plan that the variety of the rural and the urban
41 areas was an important component to the character of that community. There were
42 some design standards that were recommended as part of that plan to offset some of the
43 negative impacts that could occur there. This area is very much influenced by the
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Regular Council Minutes, 1/23/96, Page 9
1 Canadian dollar, as well as Canadian activities. When the Point Roberts Plan was
2 adopted, it was identified that over 80 percent of the land is owned by Canadians. This
3 is a very difficult area to predict growth.
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5 Acme and Glacier were identified as urban growth areas and are treated in the
6 proposed Comprehensive Plan as potential hamlet areas, which would allow some
7 limited development under circumstances where facilities can be provided. They are
8 recognized for the existing development patterns and the need for small communities to
9 develop in rural areas.
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11 About 486 acres of land are designated in the unincorporated areas as
12 commercial, which were the result of the subarea planning process that happened over
13 the course of the last 10 -15 years and are based on existing development patterns and
14 future demands for rural and resort services.
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16 In particular, Woods noted she must introduce information for the record related
17 to the Guide Meridian Corridor study that has been undertaken with relationship to
18 those commercial and industrial areas identified along Guide Meridian and Whatcom
19 County and where the present zoning exists that designates those areas. The study has
20 been undertaken by the Whatcom County Council of Governments and the Washington
21 State Department of Transportation and has not yet been adopted, as it is a draft study.
22 It was, however, based on a public involvement process involving property owners along
23 the Guide. A consultant was hired to examine several areas, including the state's access
24 management plans (location of driveways, etc.) and address issues of traffic safety,
25 circulation and access, infrastructure and business competition. The draft report
26 recommended that no down zoning occur in that area and that there be a cottage
27 industry corridor develop, allowing a mixture of people living and working in that area.
28 The existing zoning is consistent with that recommendation.
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30 She also discussed County unincorporated urban growth areas. A County
31 industrial land inventory has been completed, which indicates how much industrial land
32 is provided in the County, how much of it is development, how much of it is usable and
33 how much has services. Approximately 100 acres is served with water, sewer and all-
34 weather roads in unincorporated Whatcom County. Some of those areas are included in
35 the city urban growth areas. The County unincorporated industrial Urban Growth Areas
36 include approximately 8,000 acres, a portion of which is in the Cherry Point area. The
37 remaining areas are scattered around the County, including the Gateway Industrial area
38 and the Custer rezone. These areas mostly recognize existing industrial uses that were
39 adopted by the subarea planning process and are intended to accommodate and make
40 space for resource -based industries and provide a support base for the rural areas.
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42 The reason her department is not proposing implementation of all the suggestions
43 in the draft Comprehensive Plan to make the County work the way everyone might want
44 to see it work is that the planning in the County has been based on Growth Management
Regular Council Minutes, 1/23/96, Page 10
1 Act (GMA) goals for a long time and the development regulations are consistent with
2 them. There is a relationship between zoning and services in the unincorporated County
3 rural areas. There is a variety of rural densities, the majority in large lots, R -10 or R -5A
4 zoning, and smaller portions with one unit per acre or one unit per two acres. Small
5 areas have smaller densities but do not allow the densities under one acre without having
6 water or sewer service. Those rural areas are being preserved based on consistency with
7 the GMA. These areas are based on historical and existing development patterns, which
8 recognize what has happened here and are also based on a public process for each of the
9 subarea plans that made some promises to people about the future of the County, which
10 promises were supported when the visioning for the Comprehensive Plan was done. No
11 down zoning was proposed in the Comprehensive Plan because there seemed to be a
12 perception that a good job had already been done. Incentives are recommended where
13 there are areas where very dense growth is not encouraged. Woods stated the existing
14 regulations are sufficient. No new up zoning is proposed in the rural areas, which is
15 consistent with what has been acceptable in the past.
16
17 Greg Aucutt, Senior Planner, City of Bellingham, stated Bellingham's proposed
18 Interim Urban Growth Boundary is based on an agreement from 1985 between
19 Bellingham and Whatcom County with the city providing urban services in certain areas.
20 In planning for the city's Comprehensive Plan, the areas are appropriate in terms of the
21 population growth expected and in terms of the area needed to be provided for
22 commercial and industrial development. Final boundaries may need to be somewhat
23 larger than this because the city has found the need for additional lands for commercial
24 and industrial zoning. In terms of residential development, the present boundaries
25 (along with the shaded map areas) should be sufficient. The record supports the
26 boundaries for Bellingham, in his opinion. The planning done by the city, in conjunction
27 with County planning, shows these urban growth areas with respect to open spaces, parks
28 and trails.
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30 Dan Gibson confirmed that the City of Bellingham has submitted all the
31 documentation and support for the boundaries they are requesting.
32
33 Rick Simon, City Planning, Ferndale, noted that a summary of Ferndale's analysis
34 in support of the urban growth boundary is included in Exhibit B3. He gave general
35 background on how Ferndale arrived at its proposed growth boundary.
36
37 He noted the population projections that came from the County planning process
38 and policies were examined. The city also used the 50 percent increase in land supply
39 identified in the County ,planning policies in order to determine the total number of
40 dwelling units. Slightly over 5,900 dwelling units are expected within the unincorporated
41 portion of the urban growth area. Significant growth is expected within existing city
42 limits. Presently, the density in the city limits is 1.7 dwelling units per residentially zoned
43 acre, which is anticipated to increase to 3.9 dwelling units per residentially zoned acre by
44 2015.
Regular Council Minutes, 1/23/96, Page 11
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In order to provide areas suitable for the urban growth, the city examined the
policies and the GMA provisions, attempting to avoid expanding into resource lands,
particularly the agricultural areas surrounding the Nooksack River. All the areas zoned
for urban uses within the urban growth boundary were attempted to be included. The
existing development patterns in the areas adjacent to Ferndale were considered. The
city attempted to include the areas having the most development in terms of numbers of
residences and existing utility services.
The City of Ferndale supports the growth boundaries as has been presented in the
draft ordinance. He stated the written record for justification was submitted.
Gibson asked Simon to confirm whether the public participation process
employed in arriving at their proposed boundaries is in the record or, if not, if he would
state for the record where that is. Simon stated that Woods described the process in
terms of the Comprehensive Plan and the ongoing review undertaken. There were four
public hearings in January and February, as well as questions arising regarding the
location of Ferndale's growth boundaries. The city's approach, at that point, was to see
through the County's process if those questions would be resolved and then refine their
land use plan and comprehensive planning efforts on that basis. There has not been any
further public review process initiated by the City of Ferndale during this period.
Sylvia Goodwin, Blaine City Planner, encouraged the Council to adopt the Interim
Urban Growth Boundary proposed in the substitute ordinance. She felt it was
consistent with the adopted City of Blaine Comprehensive Plan Urban Growth Boundary
with one exception: Loomis Trail area was included in Blaine's adopted Comprehensive
Plan and not in the County's. She stated she wanted to continue dialogue with the
County in order to get this area into the final Comprehensive Plan.
The City of Blaine adopted its Comprehensive Plan in August 1995 and included
an extensive public review process: neighborhood meetings; city planning commission
work sessions; and a public hearing at council and planning commission levels. Public
meetings were also held in the various boundary areas. Their plan examined the housing
and population projections and included an analysis of the residential, commercial and
public land needs, as well as infill capacity within the city limits. The infill is impacted
heavily by wetlands; Blaine's border crossings (two); support facilities for the border
crossings for the FBI, Drug Enforcement Agency (DEA), etc.; and a school and parks.
Their growth boundaries include much related land that the city feels it will need.
Transportation, utilities, water and sewer were examined also. She noted there was the
ability to provide these services as well as finance them. An environmental analysis was
also done and completed with several new regulations to protect their groundwater to
deal with wetlands, critical areas, and other issues. There is no agricultural land in the
Regular Council Minutes, 1/23/96, Page 12
1 Urban Growth Boundary and only a sliver of flood plain along California Creek. There
2 are also a few small gravel pits within the aquifer protection area. She stated the city
3 was willing to work with the County to protect the groundwater well allowing that mining
4 to take place.
5
6 She admitted the city's urban growth boundary is very large, consisting of 8,325
7 acres. This is necessary to accommodate the public land needs with the border crossings
8 and protect the aquifer. The aquifer recharge area, which is a large portion of the
9 proposed urban growth boundary, is proposed for very low density. About 20 percent of
10 this is wetlands, and they have provisions for clustered developments to prevent wetlands
11 impaction so these areas can be developed. Three golf courses are planned to be
12 accommodated; if Loomis Trail is included, that would be four. Golf courses are
13 actually commercial because tourism is attracted, is a source of revenue and takes up
14 much land.
15
16 The city has allowed a market factor of three times the projected residential lands
17 needed to allow for the market trends that are occurring in Blaine. There are statistics
18 in their Comprehensive Plan showing the residential demand because of the location, the
19 high amount of tourism, and the retirement community.
20
21 The City of Blaine recommended the Council move forward in adopting the
22 Urban Growth Boundary. She did, however, suggest one slight change to the ordinance:
23 in Section 3, the conditional urban growth boundary. She noted this area was included
24 as a conditional urban growth boundary with the condition that the city adopt a Critical
25 Aquifer Recharge Protection Plan, which was adopted at the city council meeting last
26 night (the Blaine Water Management Groundwater Program). A clearing and grading
27 ordinance was adopted within the last six months. Other aquifer protection measures are
28 being moved on, including the Stormwater Management Plan, which has been adopted.
29 The conditions of the Conditional Urban Growth Boundary have been met, so they
30 would like to have this area unconditionally included. At last night's Blaine City Council
31 meeting, the East Blaine Annexation was approved, which takes up a good portion of
32 that growth boundary. This area needs to be in their Urban Growth Boundary, both
33 interim and final, and needs to be unconditional.
34
35 She urged the Council to move forward quickly after the adoption of this
36 ordinance in completing the Comprehensive Plan and the final Urban Growth
37 Boundaries. She noted Blaine is moving forward into financing the Capital Facilities
38 and, in particular, are looking at a major sewer treatment plant expansion in the next
39 few years, which will serve the area adopted as the Urban Growth Boundary.
40
41 In answer to a question, she stated the city owns about 300 acres of the area south
42 of H Street. All Blaine City wells are located in that area, which is the most important
43 area of their aquifer, which is the subject of the Groundwater Management Plan. The
44
Regular Council Minutes, 1/23/96, Page 13
1 proposal for the Comprehensive Plan is to keep this area at a density of one unit per ten
2 acres and enforce strict aquifer protection measures on the development of this area.
3
4 She further noted that about 50 percent of their resort Semiahmoo area is
5 occupied by seasonal people who are not full time Blaine residents. Land speculation is
6 higher than in other county areas due to its Canadian location. However, there is a
7 housing shortage in Blaine, and over 50 percent of its population commutes from other
8 communities.
9
10 Amy Mangum, Planner for the City of Lynden, stated Lynden supports the
11 County's efforts to comply with the orders of the Growth Management Hearings Board
12 and Growth Management. Lynden has already adopted its Comprehensive Plan (August
13 1995). She also stated she has supplied Dan Gibson with copies of the record, both at
14 the Planning Commission level and at the Council level, for all public meetings and
15 hearings regarding the urban growth areas. Additionally, Lynden had an extensive
16 visioning process and a number of town hall meetings.
17
18 Lynden has completed a land capacity analysis, which was provided to the County
19 for an evaluation and review. This analysis was revised in December 1995 in an attempt
20 to comply with the Hearings Board requests to move ahead. The analysis was revised to
21 be compatible with the new OFM projections that were consistent with the County's
22 projections in 1992 or 1993.
23
24 The boundary now on the map was adopted by Lynden's Comprehensive Plan and
25 supported by its land use and environmental impact element. The land use element was
26 combined in an Environmental Impact Statement (EIS).
27
28 One of the major issues that came up was preservation of the Lynden community
29 character as well as protection of its resources. This is an agricultural community, so
30 one of its major goals was to preserve that community and still develop Lynden. The
31 result is that 75 percent of the land within Lynden's urban growth area that will be
32 utilized for residential uses is not zoned agricultural but UR -4. In doing this, Lynden's
33 urban growth area is extended to an odd shape to the north and east, which preserves
34 the agricultural land. Other areas in their Comprehensive Plan are zoned agricultural.
35 A ratio or balance of commercial to residential land has been attempted to be
36 maintained.
37
38 An extensive Capital Facilities Plan was done, as well as complete Water and
39 Sewer Comprehensive Plans. A Stormwater Plan and a Stormwater Utility were
40 adopted. Lynden continues to participate in water conservation efforts throughout the
41 County. Lynden needs to move outside the city limits to supply its demands. Densities
42 have been increased; they will be shifted in an attempt to preserve existing
43 neighborhoods and in areas where they will be less impacted within developments.
44
Regular Council Minutes, 1/23/96, Page 14
1 She further stated that copies of minutes for the public meetings plus the
2 summary and copies of the Comprehensive Plan have been submitted to Gibson, as well
3 as to the Hearings Board.
4
5 David Davidson, Planning Consultant for Everson, Nooksack, and Sumas stated
6 that these three cities support the Interim Growth Areas as shown in the Council's
7 proposed draft ordinance and also support the scope of work (Exhibit Q.
8
9 He noted the urban growth boundaries in the proposed draft ordinance are not
10 any either one of these cities would like. Rather than have all three cities undertake
11 extensive analysis specific to those boundaries in this proposed ordinance, the cities have
12 used the County's analysis for justification of these urban growth areas. The rate of
13 population growth in Everson is faster than the rate of land that will be consumed in the
14 growth areas. Each of these growth areas has a market factor built into it at 50 percent,
15 and these densities calculated here show an increase in density despite the fact that there
16 is some excess land in there slated still to be empty twenty years from now.
17
18 He pointed out the removed areas from the old Interim Growth Areas, which is
19 in effect now. In the southwest comer is a large area -- approximately 300 -400 acres- -
20 which is MRL. Over time, Everson would like to have a hand in the reclamation of that
21 area once it is converted from gravel to some other use. Two other small areas have
22 been removed, one of which is agricultural land. In the northwest, areas have been
23 added since the last adopted growth area boundary. Each one of those is agricultural
24 resource land, but they are smaller areas tucked more closely to city and available
25 services, which is easier to serve than was the large mineral area. In fact, the amount
26 removed is larger than the amount added, which makes the currently proposed ordinance
27 smaller than the one passed in May 1994.
28
29 Everson is interested in the area to the far east (currently zoned agricultural)
30 because of its commercial and industrial potential.
31
32 Everson had an extensive public participation process documented in its draft
33 Comprehensive Plan. A final Plan has not yet been adopted. Various drafts have all
34 been filed with the County.
35
36 Nooksack supports the Interim Growth Areas. It relied on the County's analysis.
37 Nooksack is a low density area because people had large lots for septic systems. Infill is
38 therefore difficult to achieve. Its Interim Growth Areas is smaller than the previous one.
39 The area removed included mineral resources, and the gravel mine is there.
40
41 The Nooksack Comprehensive: Plan was adopted in November 1995, and an
42 extensive public participation process has been documented and filed with the County.
43
44
Regular Council Minutes, 1/23/96, Page 15
I The Urban Growth Areas in Sumas has been affected much by the flood
2 situation. Land that is not flood prone has been included, although in many cases in
3 order to get to this land, one must go through the flood plain. The large area of
4 agricultural land also affects the urban growth areas. Three families own about three -
5 fourths of this area.
6
7 If the wetlands and flood plains are removed, this growth area is 3.2 units per
8 acre. One new area is included on the map, which is at the northwest section. Sumas is
9 an area where industrial growth can be handled well. The city has a good groundwater
10 source with excess water rights available for industrial purposes, as well as an active rail
11 spur and major electricity lines.
12
13 Sumas adopted its Comprehensive Plan in June 1995, documented its public
14 participation process and filed it with the County.
15
16 In response to a query from Dan Gibson regarding the pattern of land ownership
17 in the panhandle south of Sumas, Davidson responded that to include only land under
18 one ownership tends to create a monopoly, which would potentially artificially increase
19 land prices. He stated it would be possible to have orderly contiguous development into
20 that area.
21
22 Brown called attention to the conflicting areas Everson and Nooksack both
23 claimed. Davidson noted that Nooksack recently attempted to annex this area but was
24 denied by the Boundary Review Board. The two cities have not yet agreed on which one
25 will get that area. The County has allowed them to work this out between themselves.
26 The question then was whether this posed a problem in adoption of the ordinance.
27 Gibson stated it was a matter for the Council to consider whether to recognize it as
28 constituting an area in both or assigning to one, which makes the most sense in the long
29 run.
30
31 In answer to a question from Starkenburg, Davidson noted the Sumas panhandle
32 was not justified because of the rail. One of the reasons the panhandle is not flood
33 prone is because the rail is there. The rail embankment stops flood encroachment
34 further to the east. The zoning is more residential in nature and does not rely on the
35 rail as a necessary service.
36
37 (Clerk's Note: A brief break was taken.)
38
39 Nelson opened the public hearing, and the following people spoke:
40
41 * Julie Ann Pottermarks, 5948 Longdin, Ferndale: She understood that the North
42 Bellingham area would be excluded from the City of Ferndale's proposed urban
43 growth areas. She does not want that area included in- the Ferndale urban growth
44 area.
Regular Council Minutes, 1/23/96, Page 16
1
Janice Schuch, 1411 W. Axton, Ferndale: She opposed Ferndale's Interim Urban
2
Growth Boundary moving east.
3
Jay Taber, P.O. Box 5451, Bellingham, representing Whatcom Environmental
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Council and the Watershed Defense Fund, felt the proposed ordinance will not be
5
acceptable by the state.
6
Gary Seat, 6352 Northwest Road, Bellingham: There has been no attempt to
7
notify citizens of Ferndale.
8
Kurt Denke, 3030 -35th Avenue W., Seattle, representing Lee and Barbara Denke,
9
Geneva area property owners, stated they would like to be included in the IUGA.
10
His one editorial concern was on page 11 of the substitute ordinance, Conclusion
11
#6, lines 20 -21, which picks up from a point which has been separated in editing
12
the document. He suggested deleting "These densities and uses outside urban..."
13
and inserting "The densities and uses described in Finding #41 outside urban.... ".
14
Pam Wright, 5917 Longdin Road, Ferndale: She opposed annexation into the
15
City of Ferndale. No citizens were notified.
16
Scott Reid, 4246 Northridge Way: He supported the inclusion into the City of
17
Ferndale IUGA.
18
Stan Strebel, Box 936, Ferndale, representing the City of Ferndale, responded
19
concerning the east area of Ferndale.
20
Joe Elenbaas, 600 East Smith Road, Bellingham: He spoke to Charter
21
Amendment #2 regarding citizen review.
22
*
Curt Smelsor, 601 Union Street, Suite 4100, Seattle, representing Ruth and Jim
23
Trull, supported inclusion of the Custer area into the IUGA.
24
*
Eric Pepper, 5386 Northwest Road: He opposed annexation into the City of
25
Ferndale.
26
Bill Geyer, 1008 -16th Street: He spoke to the area south of Slater Road, a 78
27
area parcel. He supported inclusion in Bellingham's interim urban growth
28
boundaries.
29
*
John Hruby, 7401 Valley View Road, Ferndale: He felt the Council is at risk of
30
being in non - compliance with the proposed ordinance.
31.
32
(Clerk's Note. Nelson announced that the 20- minute time period was over.)
33
34
Starkenburg moved to extend the hearing to allow speakers who had previously
35
signed up to have time to speak.
36
37
Motion carried unanimously.
38
39
Lora Strobel, 5337 Elder Road, Ferndale: She felt the process is illegal and
40
stated Custer was excluded and not reviewed by Planning Commission.
41
*
Dana Feldman, 3161 Arnie Road, Custer: He stated the ordinance in its present
42
form is illegal.
43
Win Wilson, 3015 Arnie Road, Custer: He requested that A8a be amended as it
44
relates to the Custer boundaries.
Regular Council Minutes, 1/23/96, Page 17
1
Jean Freestone, 3200 Vallette Street: She supported the UGAs around I -5 exit
2
#270 (Gateway Industrial Zone).
3
Phil Serka, 400 N. Commercial, representing Mr. and Mrs. Louis Leclezio, who
4
are property owners in the IUGAs in the Custer area, requested the IUGAs be
5
adopted.
6 *
Bill Henshaw, 2653 N Park Drive, Bellingham: He recommended approval of the
7
IUGAs.
8
Bob Tull, 1616 Cornwall Ave., Bellingham: He supported approval of the IUGAs.
9
Doug Campbell, 1401 Astor Street, Bellingham: He supported annexation of East
10
Blaine.
11
12 Hearing no one else, Nelson closed the public hearing.
13
14 Dan Gibson, Chief Civil Deputy Prosecuting Attorney, responded to a comment
15 made by a previous speaker that Whatcom County is operating in a lawless manner.
16 Gibson assured the Council that this is not so. He further explained that SEPA review
17 was concluded on the proposed zoning change in the Custer area. Also, there has been
18 extensive public participation.
19
20 He also addressed the goals of the Growth Management Act (GMA) and
21 encouraged Council to bear in mind and reference as appropriate the goals of the GMA
22 in terms of the actions about to be taken.
23
24 Starkenburg moved to adopt the substitute ordinance.
25
26 Imhof queried Planning Department Manager Woods on the impact of Blaine's
27 request for an unconditional use to their aquifer recharge area and asked if the
28 stipulations placed there to make it conditional have been taken care of. Woods replied
29 that Blaine has invested the time and are proposing to do things to adequately protect
30 the aquifer.
31
32 Imhof then asked if this is something the Council should do tonight to change it
33 from a conditional to an unconditional or wait until the final adoption of the urban
34 growth areas to do that. Woods recommended to leave it conditional until the specific
35 provisions of the plan can be reviewed.
36
37 Dan Gibson suggested that the plan be included in the record.
38 -
39 Starkenburg moved to amend page 1, lines 8 and 9, by striking "be low density
40 and should ": "An rural areas should be low density emd should complement the rural ..:'.
4.1
42 Woods commented the reason that is included is a recitation of the adopted goals
43 of Whatcom County.
44
Regular Council Minutes, 1/23/96, Page 18
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Discussion followed with Gibson and Woods.
Starkenburg withdrew his motion.
Starkenburg moved on page 4, Finding #1, to direct staff to develop language to
reflect more of a finding there of what is already there for the past work rather than give
staff specific language.
After discussion, Starkenburg withdrew the motion.
Starkenburg moved to amend Page 4, line 15, by adding: "The Plan
recommends final Urban Growth..:'.
Discussion followed.
Motion carried unanimously.
Starkenburg moved to amend page 5, item 10, line 18, by adding '
.. ........:.....:................ .
c:: ><:<:«`:b • r
County unincorporated... .
After discussion, Starkenburg withdrew his motion.
Gibson suggested clarification to state the plan and then include parenthetically:
"The hereinafter Plan refers to the proposed Whatcom County Comprehensive Plan. ".
Starkenburg moved to reconsider the previous motion.
Motion carried unanimously.
(Clerk's Note. A five minute break was taken.)
Starkenburg moved to amend page 5, Finding #9, lines 7 and 8, by striking the
first two sentences: "
Motion carried unanimously.
Sutter moved to amend by withdrawing the proposed area known as North
Bellingham, east of Ferndale, for appropriate public process and justification for its
inclusion in the final UGAs.
Regular Council Minutes, 1/23/96, Page 19
1 Gibson recommended to amend number 7 to strike the area east of Ferndale,
2 which is zoned RR1, for reasons which may be set forth in some Findings in which
3 Council member Brenner may have in her possession.
4
5 Brenner added to the motion: "Except for the areas contiguous to the city that
6 are already zoned commercial, industrial or UR."
7
8 Gibson discussed Finding #7 and recommended the Council return to it if a
9 change is made to Ferndale's boundary.
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11 (Clerk's Note. No vote was taken on Sutter's motion.)
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13 Starkenburg noted for the record only that on item 20, lines 10 -17, information
14 was given today (Planning and Development Committee) that Paradise Lakes /Peaceful
15 Valley has new allocation for water rights.
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17 Starkenburg questioned a conflict of interest on page 8, #27, lines 25 -26: "Only
18 99 acres are served with water, sewer, and all weather roads." Is this in conflict with
19 page 9, #32, lines 11 -12: "The proposed County Unincorporated Industrial Areas
20 include sufficient land area to cover a reasonable market supply factor but do not
21 propose any additional areas. "?
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Woods suggested amending the above page 9, #32 when Council gets to that
page.
Starkenburg moved to amend on page 9, #32, lines 11 -12: "The proposed County
Unincorporated Industrial Areas include sufficient land area to cover a reasonable
market supply factor o? but do not propose an additional areas:
i.��
:::::::::.......:::......:...... ...::.....::...................
Motion carried unanimously.
Brown noted that somewhere in the ordinance a provision needs to be made to
provide for light industrial areas within rural areas to provide the tax base for schools.
Brenner moved amendiniz #32 by addine after the last sentence:
Motion carried unanimously.
Regular Council Minutes, 1/23/96, Page 20
Nelson moved to amend on page 9, #31,
electrical Dower: = ttt€se
Discussion followed on the motion.
Motion carried unanimously.
to the final sentence: "...and
Sutter moved to amend Finding #31 by adding a sentence: "The results of the
visioning process establish that Whatcom County citizens support industrial development
along the I -5 corridor.
Motion carried 6 -1 with Brenner opposed.
Brenner moved to amend by excluding #31 as a Urban Growth Area.
Motion failed 1 -6 with Brenner in favor.
Starkenburg moved to amend Finding #33, page 9, line 14, by changing "may" to
'Will". "...the Cherry Point area which be considered as a major... ".
Motion carried unanimously.
Brenner moved to amend by adding to #33:
Brenner withdrew her motion.
Starkenburg inquired of staff if page 9, Finding #37, line 27: "...acres of
agricultural land designation,..." should be amended by possibly saying "the interim"
where applicable.
Brown moved to amend Finding #37 by adding at the end of the last sentence:
one unit per twenty acres :::d:::::::::b::<'9fl: >::Iw:;
Motion carried unanimously.
Sutter moved to amend page 12, item 5, which would change Ferndale's proposed
Urban Growth Area map to strike that area east of the freeway, commonly known as
North Bellingham, with the exception of commercial, industrial, UR zoning adjacent to
the city limits.
Regular Council Minutes, 1/23/96, Page 21
Motion carried 6 -1 with Imhof opposed.
Brown moved to include in Finding #7, page 5, lines 1 -4, the following:
Motion to amend carried unanimously.
Nelson moved the wording to attach these amendments: "The Findings support
Ferndale's UGA as a whole:.::; o_ but do not
specifically address the differences from the proposed Final UGAs in the Plan.
Motion carried 6 -1 with Imhof opposed.
Regular Council Minutes, 1/23/96, Page 22
Brenner moved to amend Finding #41, page 10, line 12, by directing staff to
correct the mathematics on page 10, Finding #41, line 12, by replacing " 824 acres" with
approximately 2,000 acres.
Motion carried 6 -1 with Imhof opposed.
Sutter moved to amend the Bellingham map to include in the IUGAs that 78 acre
area at the southwest corner of I -5 and Slater Road.
There was discussion on the motion.
Motion failed 2 -5 with Sutter and Brenner in favor.
Sutter moved to amend the ordinance to remove the conditional designation of
the east Blaine area and adopt that area into the IUGAs of Blaine.
There was discussion on the motion.
Motion failed 2 -5 with Sutter and Brenner in favor.
Sutter moved to adopt the ordinance subject to a Finding that it complies with
Charter Amendment 2.
Motion failed 1 -6 with Sutter in favor.
Nelson moved to amend on page 1, line
Motion carried unanimously.
Discussion followed on Sudden Valley.
Brenner moved to add
Motion carried unanimously.
"...January 11, 1994
on Sudden Valley UGA:
Main amended motion to adopt the ordinance carried unanimously.
Regular Council Minutes, 1/23/96, Page 23
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Starkenburg moved to include Exhibit C, the work schedule for Planning
Commission and County Council, to adopt for the GMA the Whatcom County Final
Urban Growth Area Boundaries by September 1996. Accepted as Exhibit C, the
Planning and Development Committee brought forward a motion of recommendation.
Motion carried unanimously.
Gibson suggested consideration of this ordinance as an emergency ordinance so
that it may take place immediately upon signature by the Executive. He suggested this
because ordinarily ordinances go into effect ten days after the Executive's signature.
Imhof moved to make this an emergency ordinance.
Imhof withdrew his motion in order for voting to take place on the previous
motion on the floor.
Starkenburg moved for motion for reconsideration.
Motion carried unanimously.
Starkenburg moved to include Exhibit C.
Motion carried unanimously.
Motion to adopt amended main motion carried unanimously.
Imhof moved to make this an emergency ordinance.
Motion carried unanimously.
Karen Frakes, Civil Prosecuting Attorney, proposed emergency ordinance
language. She suggested adding at the very end a separate section, "Declaration of
Emergency. WHEREAS, the Council adopts the following Findings and Conclusions:
Findings
1. Due to the activity by the Growth Hearings Board, including the January
19, 1996 compliance deadline and the threat of a finding of invalidity, it is
necessary for this ordinance to take effect as soon as possible.
2. The public welfare could be severely jeopardized by a finding of invalidity
by the board.
Regular Council Minutes, 1/23/96, Page 24
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Conclusion
This ordinance is necessary for the immediate preservation of the public peace,
health or safety and /or the support of the County government in its existing institutions."
She also suggested including language before the actual operative part of the
ordinance before the "ordained" section. '"This ordinance is imposed on an emergency
basis to protect the public health, safety and general welfare and will take effect
immediately upon approval of the County Executive and will be effective until Ordinance
No. 96 -006 becomes effective."
Frakes stated the title of the emergency ordinance should be "An emergency
ordinance declaring the adoption of Interim Urban Growth Areas in accordance with the
Growth Management Act as amended."
Imhof stated his motion was to include the Findings as read.
Motion carried unanimously.
(Clerk's Note: This item concluded at 12 cam.)
OTHER ITEMS,
1. ORDINANCE GRANTING A 15 YEAR FRANCHISE TO TCI
CABLEVISION OF WASHINGTON (AB95 -307A)
Brenner reported for Public Works and Capital Projects Committee and
recommended approval subject to the franchise fee remaining at 4% until
implementation of Section 6. At that time, the franchise fee shall be increased to 5 %,
and the 1% increase shall be dedicated to PEG use. Section 6 will be enacted upon
request by the County with at least one (1) year of written notification to TCI. Section 6
shall be implemented until such time of written notification. PEG access shall remain as
it currently is operated by TCI in compliance with federal law. Before any of the terms
or conditions to Section 6 can be modified, those conditions shall be mutually agreed
upon by the County and TCI.
Dan Crocker, TCI General Manager, spoke to Bellingham's position.
There was discussion on the motion.
Imhof moved approval of two changes.
Regular Council Minutes, 1/23/96, Page 25
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(Clerk's Note: Crocker brought to Council's attention changing the effective date of
the Franchise to January 1, 1996 retroactively and changing the notice time regarding any
programming change from 90 to 60 days.)
Motion to adopt above language changes carried unanimously.
Motion to adopt committee's amended language carried unanimously.
Main motion to adopt as amended carried unanimously.
1. CONSIDERATION OF THE APPEAL OF THE HEARING
EXAMINER'S DECISION ON SHORELINE VARIANCE (SHV95 -0004)
FILED BY WALLY BUDD (AB95 -453)
This item was pulled and will be rescheduled for February 6.
2. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S
DECISION ON RECOMP OF WASHINGTON HDA (95 -0002) (AB95 -409)
This item was pulled and will be rescheduled for February 6.
1. APPOINTMENTS TO CITIZENS REVIEW COMMITTEE TO REVIEW
POTENTIAL SALES OF COUNTY OWNED PROPERTY (AB95 -318)
Brenner reported that there are not enough applicants and moved to postpone to
the next meeting.
Motion carried unanimously.
2. APPOINTMENT TO FILL A VACANCY ON THE HUMAN SERVICES
REVIEW COMMITTEE (AB96 -021)
Nelson opened the nominations.
Starkenburg nominated Ron Snyder.
Sutter nominated Tim Bensen.
Brenner nominated Jim Cozad.
Dawson nominated Doug Benjamin.
Imhof moved to close the nominations.
Motion carried unanimously.
Nelson closed the nominations.
Regular Council Minutes, 1/23/96, Page 26
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Ron Snyder was appointed.
3. APPOINTMENT OF COUNCIL MEMBER, TO SERVE ON THE
NORTH SOUND REGIONAL SUPPORT NETWORK (AB96 -015)
Brenner moved to nominate Nelson.
Motion carried unanimously.
4. RESOLUTION DIRECTING THE WHATCOM COUNTY AUDITOR
TO ADVERTISE FOR BIDS FOR THE COUNTY'S OFFICIAL
NEWSPAPER (AB96 -016)
Imhof moved to approve.
Dawson moved to amend by adding a section on page 481, line 16: 'Be it further
resolved that this resolution shall be effective for future years without need for further
Council action and that the Auditor annually perform the call for bids using similar
methods and timeframes as shown above."
Motion to amend carried unanimously.
Main motion as amended carried unanimously.
5. REQUEST FOR AUTHORIZATION FOR SIGNATURES OF A NEW
TASK ORDER 1B - PRESENTATION OF ETHNOHISTORIAN
REPORT. MONEY HAS BEEN BUDGETED IN 1996 FOR THE
NOOKSACK WATER USERS STEERING COMMITTEE AND
WHATCOM COUNTY COST SHARE TOTALS $600 (AB96 -035)
Regular Council Minutes, 1/23/96, Page 27
Nelson
Dawson
Brenner
Brown
Starken.
Sutter
Imhof
Snyder
X
X
X
X
Bensen
I X
X
I
I
X
I X
Cozad
X
Benjamin
X
X
Ron Snyder was appointed.
3. APPOINTMENT OF COUNCIL MEMBER, TO SERVE ON THE
NORTH SOUND REGIONAL SUPPORT NETWORK (AB96 -015)
Brenner moved to nominate Nelson.
Motion carried unanimously.
4. RESOLUTION DIRECTING THE WHATCOM COUNTY AUDITOR
TO ADVERTISE FOR BIDS FOR THE COUNTY'S OFFICIAL
NEWSPAPER (AB96 -016)
Imhof moved to approve.
Dawson moved to amend by adding a section on page 481, line 16: 'Be it further
resolved that this resolution shall be effective for future years without need for further
Council action and that the Auditor annually perform the call for bids using similar
methods and timeframes as shown above."
Motion to amend carried unanimously.
Main motion as amended carried unanimously.
5. REQUEST FOR AUTHORIZATION FOR SIGNATURES OF A NEW
TASK ORDER 1B - PRESENTATION OF ETHNOHISTORIAN
REPORT. MONEY HAS BEEN BUDGETED IN 1996 FOR THE
NOOKSACK WATER USERS STEERING COMMITTEE AND
WHATCOM COUNTY COST SHARE TOTALS $600 (AB96 -035)
Regular Council Minutes, 1/23/96, Page 27
Nelson
Dawson
Brenner
Brown
Starken.
Sutter
Imhof
Snyder
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Benjamin
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Ron Snyder was appointed.
3. APPOINTMENT OF COUNCIL MEMBER, TO SERVE ON THE
NORTH SOUND REGIONAL SUPPORT NETWORK (AB96 -015)
Brenner moved to nominate Nelson.
Motion carried unanimously.
4. RESOLUTION DIRECTING THE WHATCOM COUNTY AUDITOR
TO ADVERTISE FOR BIDS FOR THE COUNTY'S OFFICIAL
NEWSPAPER (AB96 -016)
Imhof moved to approve.
Dawson moved to amend by adding a section on page 481, line 16: 'Be it further
resolved that this resolution shall be effective for future years without need for further
Council action and that the Auditor annually perform the call for bids using similar
methods and timeframes as shown above."
Motion to amend carried unanimously.
Main motion as amended carried unanimously.
5. REQUEST FOR AUTHORIZATION FOR SIGNATURES OF A NEW
TASK ORDER 1B - PRESENTATION OF ETHNOHISTORIAN
REPORT. MONEY HAS BEEN BUDGETED IN 1996 FOR THE
NOOKSACK WATER USERS STEERING COMMITTEE AND
WHATCOM COUNTY COST SHARE TOTALS $600 (AB96 -035)
Regular Council Minutes, 1/23/96, Page 27
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Brenner moved to put in Natural Resource Committee.
Motion failed 2 -5 with Brenner and Sutter in favor.
Imhof moved approval.
Motion to approve carried 6 -0 with Sutter abstaining.
6. REQUEST FOR APPROVAL OF A CLASS H LIQUOR LICENSE
APPLIED FOR BY ROBERTS DEVELOPMENT, L.L.C. BY JOAN
PATRICIA ROBERTS AND KIT ROBERTS FOR BREWSTER'S
(AB96 -034)
Imhof moved approval.
Motion carried unanimously.
INTRODUCTION ITEMS
1. ORDINANCE AMENDING THE WHATCOM COUNTY HEALTH
CODE, CHAPTER 24.06, SEWAGE SLUDGE REGULATIONS (AB96-
044)
2. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO
THE BIRCH BAY WATER AND SEWER DISTRICT FOR A PERIOD
OF 25 YEARS (AB96 -032) (HEARING TO BE SCHEDULED)
3. ORDINANCE ADOPTING THE WHATCOM COUNTY ACCIDENT
PREVENTION PROGRAM AS THE OFFICIAL WHATCOM COUNTY
ACCIDENT PREVENTION PROGRAM (AB96 -033)
4. DISCUSSION OF PROPOSED LANGUAGE AND CONTENT OF A
GENERIC FORM OF A DISPOSAL SITE AGREEMENTS WITH
RECOMP OF WASHINGTON AND RDS INC. (AB96 -041) (HEARING
TO BE SCHEDULED)
Brenner moved approval of the introduction items.
Motion carried unanimously.
Regular Council Minutes, 1/23/96, Page 28
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ADJOURN
The meeting was adjourned at 12:20 a.m.
Marina McAllister, Recording Secretary
These minutes were approved by the Council on April 2 , 1996.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Regular Council Minutes, 1/23/96, Page 29