Loading...
HomeMy WebLinkAboutCouncil August 3 1993WHATCOM COUNTY COUNCIL Regular Meeting August 3, 1993 The meeting was called to order at 7:30 p.m. in the Council Chambers, 1000 N. Forest Street, by Council Chair Marge Laidlaw. Also Present: Absent: Dan Warner None Dennis Vander Yacht Larry Harris Bob Imhof Barbara Brenner Ken Henderson SPECIAL PRESENTATIONS 1. PUGET SOUND WATER QUALITY AUTHORITY, REPORT ON STATUS OF LOCAL GOVERNMENT IMPLEMENTATION OF THE PUGET SOUND MANAGEMENT PLAN (AB93 -319) Topics discussed: Bellingham Mayor Tim Douglas gave a brief history of the Puget Sound Management Plan. Nancy McKay described the board of the Puget Sound Management Plan. She discussed the biennial reporting process. The agency is asking for feedback on how they are doing. The plan is to adopt the plan in final form in about 10 months, approximately the end of June. This project looks at 30 different cities, including eight geographic areas. The summary of the survey findings discuss storm water facilities and the effects of the Growth Management Act. Also discussed were wetlands protection programs, permit processing, reopening shellfish beds, watershed planning and implementation, point sources, how to fund conservation districts, on -site septic systems, meeting with them on September 23 for Council's input. Betsy Peterson is liaison to Whatcom County on this issue. Laidlaw commented. 2. SPECIAL PRESENTATION BY BOUNDARY BAY CONSERVATION COMMITTEE (15 MINUTES) DESCRIBING THE BB BIOSPHERE RESERVE (MARTIN KEELEY) (AB93 -320) Topics discussed: Boundary Bay, agricultural land, shores, wildlife, proposal for biosphere reserve, endorsements from Surrey, Delta, and Whiterock, United Nations designation to preserve species and create protection areas. Structure would include core area, and buffer zone. Asking for specific recognition of support. Warner suggested that this issue go into a committee. It was not decided which committee yet. Speakers: Martin Keeley, 610 South Beach Road, Pt. Roberts; Jim Previer, Boundary Bay Conservation Committee OTHER ITEMS 1. ORDINANCE TO ESTABLISH RESPONSIBILITY FOR BURIAL OF INDIGENT REMAINS, TO REPLACE THE EMERGENCY ORDINANCE THAT EXPIRES ON THE 61ST DAY AFTER BECOMING EFFECTIVE (AB93 -219B) WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 2. REQUEST FOR ONE -YEAR EXTENSION OF A PRELIMINARY PLAT APPLICATION FOR "LINCOLN GREEN" DEVELOPMENT ON LINCOLN ROAD, BIRCH BAY, FILED BY M.G. WALKER (AB93 -300) WARNER MOVED APPROVAL OF THE EXTENSION. Motion carried unanimously. 3. DECISION ON MAJOR DEVELOPMENT PERMIT APPLICATION AND SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT APPLICATION OF JOSEPH M. SCHECKTER FOR "CHERRY POINT INDUSTRIAL PARK" (AB93 -252) Persons speaking: Laidlaw; Civil Deputy Prosecutor Dan Gibson; Imhof; Warner; Ed Good, Hearing Examiner; Nate Brown, Manager, Building and Codes; Brenner; Harris; Henderson; Vander Yacht. IMHOF MOVED TO APPROVE THE MAJOR DEVELOPMENT PERMIT APPLICATION AND SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT APPLICATION OF JOSEPH M. SCHECKTER. Laidlaw asked, for clarification, if the main motion included adoption of the mitigating measures identified in the draft and final environmental impact statement. Imhof replied that was correct. Warner commented that if the permit was approved they would not be expressing any opinion about the merits or demerits of multiple piers; that they have not compared this pier to any other pier and that there may be some other entities that determine the location. He stated that the finding would be based on this language. WARNER MOVED TO ADD THE FOLLOWING AMENDMENT TO THE CONCLUSION SECTION: WHATCOM COUNTY PRESENTLY HAS NO REGULATION LIMITING PORT OR DOCK DEVELOPMENT AT CHERRY POINT TO ONLY ONE MORE MAJOR FACILITY. THE WHATCOM COUNTY COUNCIL BELIEVES IT IS POSSIBLE THAT THE PUBLIC INTEREST MAY BE SERVED BY HAVING ONLY ONE ADDITIONAL FACILITY. WHATCOM COUNTY HAS NOT SCREENED THE CHERRY POINT INDUSTRIAL PARK PROPOSAL UPON ANY COMPARATIVE BASIS AND THEREFORE THIS APPROVAL DOES NOT EXPRESS A CONCLUSION AS TO THE COMPARATIVE ADVANTAGES OR DISADVANTAGES OF THIS FACILITY OVER ANY OTHER FACILITY OR OTHER SITE. IT IS UNDERSTOOD BY WHATCOM COUNTY COUNCIL THAT STATE AND FEDERAL DECISION MAKERS MAY ULTIMATELY DETERMINE THE PREFERRED LOCATION OF A CHERRY POINT PORT FACILITY. Warner added that the above is not an amendment or a condition to the construction of the facility, but sort of a background observation. There was further discussion on the motion. HENDERSON MOVED TO AMEND WARNER'S MOTION STRIKING THE LAST SENTENCE. Council Minutes, 813193 Page 2 Laidlaw restated the sentence as being "It is understood by Whatcom County Council that state and federal decision makers may ultimately determine the preferred location of a Cherry Point facility." Henderson commented on his motion saying that he didn't wish to give any indication that they would be giving up any of authority. The motion to amend failed 6 -1 with Henderson in favor. Warner's motion carried unanimously. BRENNER MOVED TO INCLUDE THE AMENDMENT TO ENHANCE AND MITIGATE LAKE TERRELL PROPERTY ACCORDING TO ARMY CORPS OF ENGINEERS DETERMINATION. After discussion on the motion by Imhof, Brenner & Laidlaw, Brenner withdrew her motion. BRENNER MOVED THAT IN THE SHORELINE MANAGEMENT PLAN COAL AND PETROLEUM PRODUCTS BE PERMANENTLY EXCLUDED FROM BEING ACCEPTED. THIS WOULD BE APPLIED TO THE SHORELINE MANAGEMENT PLAN NUMBER TWO. There was discussion on the motion by Imhof, Brenner, Henderson and Warner. WARNER MOVED TO AMEND BRENNER'S AMENDMENT TO SAY THAT COAL AND PETROLEUM PRODUCTS SHALL BE PERMANENTLY EXCLUDED. There was further discussion on the motions by Brenner, Warner, Laidlaw, Brown, Imhof and Gibson. Gibson stated that this is addressed in another proposed amendment. The difference is that one provides for permanent exclusion and the other provides for exclusion unless and until there is a the public hearing of the Hearing Examiner. Brenner commented. Brown reported that the limitation on the coal and petroleum products is stated as a goal and objective in the Environmental Impact Statement (EIS). This in itself does not necessarily provide the kind of exclusion that would be a direct statement and limit on the scope of work that would be done there. If it was being modified it would require coming back through this process. It puts a burden on the administration of this to be aware of the goals and policies established in the EIS. If this limitation were stated directly as a requirement of the project based on their discretionary approval it would make a much more simple and direct regulatory tool to use administratively. Brenner asked to restate her motion to incorporate Warner's amendment, as follows: BRENNER MOVED THAT BULK LOADING AND UNLOADING OF COAL AND PETROLEUM PRODUCTS SHALL BE PROHIBITED AT THE DOCK FACILITY. The motion failed 3 -4 with Harris, Brenner and Vander Yacht in favor. LAIDLAW MOVED THAT UNDER RECOMMENDATIONS AND NUMBER FOUR BE ADDED THAT COAL AND PETROLEUM ON AND OFF - LOADING FACILITIES SHALL BE PROHIBITED UNLESS APPROVED AFTER A PUBLIC Council Minutes, 813193 Page 3 HEARING WITH THE HEARING EXAMINER. Laidlaw stated that the finding for this would be that at the 7/19/93 public hearing before the Whatcom County Council the applicant testified that the EIS promises that coal and petroleum will not be handled at this facility. Based on that testimony, a condition number 4, page 16 is added which prohibits the handling of coal and petroleum on /off loading at the subject site unless approved at a future public hearing. Laidlaw restated her motion to clarify, following discussion by Brenner, Harris, Laidlaw, Gibson, Imhof, Henderson and Warner, as follows: COAL AND PETROLEUM ON /OFF - LOADING FACILITIES SHALL BE PROHIBITED UNLESS APPROVED BY THE COUNCIL FOLLOWING A RECOMMENDATION BY THE HEARING EXAMINER AFTER A PUBLIC HEARING. The motion carried 6 -1 with Brenner opposed. BRENNER MOVED THAT OIL TANKERS WILL BE PROHIBITED FROM LOADING AND UNLOADING AT THE DOCK FACILITY. There was discussion on the motion. The motion failed 6 -1 with Brenner in favor. BRENNER MOVED THAT A CLEANUP CONTINGENCY PLAN WILL BE INCLUDED. There was discussion on the motion by Warner, Brenner, Imhof, Harris, Gibson, Harris and Laidlaw. Brenner withdrew her motion. LAIDLAW MOVED THAT THE APPLICANT SHALL MITIGATE ANY ADVERSE IMPACTS TO ON -SITE WETLANDS BY ENHANCEMENT OF WETLANDS IN THE LAKE TERRELL VICINITY AS SPECIFIED IN THE APPLICANT'S WETLANDS MITIGATION PLAN SUBMITTED IN CONJUNCTION WITH THIS APPLICATION. After discussion by Laidlaw, Brenner, Warner, Gibson, and Harris, Brenner proposed the following: BRENNER MOVED TO AMEND LAIDLAW'S MOTION BY ADDING, "ACCORDING TO ARMY CORPS OF ENGINEERS' DETERMINATIONS." IMHOF MOVED TO AMEND BRENNER'S AMENDMENT TO LAIDLAW'S MOTION AS FOLLOWS: "THE APPLICANT SHALL MITIGATE ANY ADVERSE IMPACTS TO ON -SITE WETLANDS BY ENHANCING OTHER EXISTING ON -SITE WETLANDS OR WETLANDS IN THE LAKE TERRELL VICINITY AS SPECIFIED IN THE APPLICANT'S WETLAND MITIGATION." WARNER MOVED TO AMEND IMHOF'S AMENDMENT TO BRENNER'S AMENDMENT TO LAIDLAW'S MOTION AS FOLLOWS: "ADD A SEMICOLON TO THE END OF THE SENTENCE AND SAY APPLICANT MAY ALSO CHOSE TO Council Minutes, 813193 Page 4 MITIGATE WITH ON -SITE WETLANDS." After discussion on the motion and amendments Imhof withdrew his motion. Further discussion followed by Good, Laidlaw, Imhof, Brenner, and Warner. Clerk's note. Although no such action was taken, the Clerk assumed that Imhof, Brenner and Warner withdrew their amendments to Laidlaw's motion. BRENNER MOVED TO AMEND LAIDLAW'S MOTION AS FOLLOWS: 'THE APPLICANT SHALL ENHANCE AS MUCH AS POSSIBLE WETLANDS AT THE LAKE TERRELL SITE. IN ADDITION, THE APPLICANT MAY ENHANCE WETLANDS IN THE VICINITY." The motion to amend Laidlaw's motion to amend failed 5 -2 with Vander Yacht and Brenner in favor. The motion to amend carried unanimously. LAIDLAW MOVED TO ADD LANGUAGE UNDER ITEM 2 THAT WOULD SAY "FURTHER, THE APPLICANT SHALL SEEK US COAST GUARD OR OTHER AGENCY REVIEW OF THE IMPACT ON MARINE SAFETY ALONG THE ROUTE USED BY THIS PROPOSAL'S SHIPS AND SHALL SUBMIT ANY REPORTS TO THE HEARING EXAMINER AND PARTIES OF RECORD." She stated that the finding was based on findings number 18's reference to vessel traffic controls. And it would follow the same format in number 2 earlier in terms of protocols that would have to be submitted to the appropriate agencies that know about those things. There was discussion on the motion with regards to the effects on the fishing industry and marine environment impacts by Imhof, Henderson, Good and Laidlaw. The motion carried 5 -2 with Henderson and Harris opposed. There was discussion by Harris, Laidlaw, Brenner, Warner, Imhof, Henderson, Gibson, and Brown. HENDERSON MOVED THAT THE ITEMS IN THE DRAFT EIS AND FINAL EIS IN MITIGATION WITH THE PRIORITY ON THE ITEMS IDENTIFIED BY NATE BROWN IN HIS MEMO. There was discussion by Harris, Brown, Gibson, Imhof, Brenner, and Warner about the concerns of increased activity requiring increased mitigation outside of what is covered in the EIS. Henderson withdrew his motion. WARNER MOVED TO INCLUDE IN THE COUNCIL'S FINDINGS A PREAMBLE STATEMENT AS FOLLOWS: "IT IS THE COUNCIL'S INTENT THAT THIS INDUSTRIAL ZONE SHOULD BE DEVELOPMENT AS A MODEL OF ENVIRONMENTAL PROTECTION AND GOOD NEIGHBORLINESS. IF Council Minutes, 813193 Page 5 CONDITIONS APPEAR TO WARRANT SIGNIFICANT INFRASTRUCTURE IMPROVEMENTS THE INDUSTRIAL BENEFICIARIES IN THE ZONE ARE EXPECTED TO PAY FOR EVALUATED STUDIES." There was discussion on the motion by Laidlaw, Warner, Brenner, Imhof, Henderson, Brown, and Good. WARNER RESTATED HIS MOTION WITH AMENDMENTS AS FOLLOWS: "IF CONDITIONS APPEAR TO WARRANT SIGNIFICANT INFRASTRUCTURE IMPROVEMENTS THE INDUSTRIAL BENEFICIARIES IN THE ZONE ARE EXPECTED TO PARTICIPATE IN EVALUATIVE STUDIES AND MITIGATION." He added that this is to give guidance to staff as they work through the problems that are inherent in this project. There was further discussion by Warner, Good, Imhof, Laidlaw, Harris and Brown, of where in the document this statement should be placed. Clerk's note. It was not clear from the discussion, but the clerk assumed that Warner withdrew his motion. The main amended motion was approved 6 -1 with Harris opposed. Clerk's note. Even though final action had been taken on the ordinance, Warner said he wanted Council to adopt, in a separate motion, a statement of Council's intent. WARNER MOVED TO INCLUDE A STATEMENT OF INTENT THAT READS: "IF CONDITIONS APPEAR TO WARRANT SIGNIFICANT INFRASTRUCTURE IMPROVEMENTS IN THE CHERRY POINT INDUSTRIAL AREA THE INDUSTRIAL BENEFICIARIES IN THE ZONE ARE EXPECTED TO PARTICIPATE IN EVALUATIVE STUDIES AND MITIGATION." There was discussion on the motion by Laidlaw, Gibson, Warner, Good and Brenner. The motion carried 5 -2 with Imhof and Harris opposed. INTRODUCTION 1. RECEIPT OF A PETITION TO CREATE A DOG CONTROL ZONE, FILED BY GREG STEINBACH (AB93 -299) This item was received by consent. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Shorelines hearing on the sewer in Water District 10 (AB92 -246): Harris reported that the Shorelines hearing on the sewer in District 10 ran out of time. The four parties in the hearing have not had a chance to make their concluding remarks, so it is being held over. This will be done by letter. Chief Civil Deputy Prosecutor, Randy Watts would like to have meeting with full Council to report on this issue. Watts called and asked for this to be scheduled on the August 10 agenda. Council Minutes, 813193 Page 6 Humane Society conflict of interest charges (AB93- 249A): Brenner reported that she had talked to Warner about the Humane Society. Warner is going to write a personal letter to clarify some points. Brenner feels Council should make a statement as a Council. Extended area phone service (AB93 -328): Brenner reported that a letter from UTC said GTE made a mistake and that's why they were late. GTE is dictating to the UTC how, when and what extended area service will be. The ultimate goal is to have Council file suit with the state either against the UTC itself or the state generically to force them to give us county -wide phone service. Annexation for west of Northwest Road and the Bakerview area (AB93- 181): The City of Bellingham voted to do another annexation for west of Northwest Road and the Bakerview area; Brenner felt they haven't taken care of the Bakerview problem. It is going to go to the Boundary Review Board. Dan Taylor has been asked to inform the Council. Brenner said she would like this to go into committee. Warner asked Brenner to write up what she wants and it will be discussed in committee. Warner asked the clerk to pull previous information for the committee on whatever was done a couple of months ago on this issue.. TCI Presentation (AB93 -404): Laidlaw announced that TCI would like to make presentation. Council would rather not have a presentation on this. Laidlaw will write and say thank you but no. Review annexation requests, Boundary Review Board (AB93 -181): Imhof felt we should start to appeal some of the revenue generating annexations. Stated that he wants an agreement with the cities that revenue would be shared over a number of years on a declining basis. This also will go into committee. Whatcom Transportation Authority (WTA) Para - Transit (AB93 -405): Henderson reported that WTA is taking over para - transit service. Because of funding, WTA may not be able to provide service to some of the outlying areas such as Sumas, Everson, Blaine, north side of Ferndale, etc. The meeting was adjourned at 10 :00 p.m. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Marina McAllister, Assistant Clerk Marge 11idlaw, Chair Council Minutes, 813193 Page 7