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HomeMy WebLinkAboutCounty Council January 11 1990WHATCOM COUNTY COUNCIL SPECIAL MEETING Thursday, January 11, 1990 The meeting was called to order at 7 p.m. by Council Chairman Don Hansey. Other Council Members Present: Absent: Dennis Vander Yacht Emily Jackson Robert Imhof Daniel Warner Margaret Laidlaw Marvin Vanderpol EXECUTIVE ITEMS 1. REQUEST FOR CONFIRMATION OF APPOINTMENT OF HARLAN KELLEY TO THE BOUNDARY REVIEW BOARD, REPLACING CARL NIELSEN Van Zanten stated there is a new procedure for Boundary Review Board appointments according to the amendment of RCW 36.93 in the last legislative session. WARNER MOVED TO CONFIRM THE APPOINTMENT. Motion carried unanimously. OPEN SESSION There was no comment. HEARINGS AND FINAL CONSIDERATION 1. ORDINANCE ADOPTING AMENDMENTS TO THE 1986 EDITION OF THE SHORELINE MANAGEMENT PROGRAM TEXT AND THE OFFICIAL SHORELINES MAP Dan Taylor, Planning Director, asked that there be a 10 day period when people could submit written testimony. The Planning Commission did not have time to deal with Public Access and Setbacks; they recommended a committee, made up of citizens with a balanced interest, be formed to study these two issues. Department of Ecology (DOE) agrees with this approach. Taylor gave a history of the hearings and 13 work sessions; he stated that 90 percent of the program has no conflict but ten percent does has a conflict. DOE would reject the whole package if it were sent to them now so Taylor said it should be worked on before it is sent to them. Terry Galvin of the Planning department distributed handouts. He said the Special Council minutes, 1/11/90, page 2 decision will have to be made on the Staff proposal and Planning Commission proposal. There is a Shoreline Program that was adopted in 1976 that applies to areas within 200 feet of the ordinary high water mark, streams and rivers greater than 20 cfs mean annual flow, lakes larger than 20 acres in size, and shorelines of the Puget Sound. There are six designations: Urban; Urban Resort; Rural; Conservancy; Natural; and Aquatic designation. Some shorelines have State designations. Three proposals settle out to be fairly controversial: Squalicum Beach proposal to extend conservancy designation 560 feet southeast from the existing conservancy designation; Governor's Point proposed from rural to conservancy; Lily Point - public proposal to change from conservancy to natural but the Planning Commission voted against this change. There are about 15 changes that the Planning Commission made from the staff recommendations; these will have to be considered along with a letter from DOE and a 4 -page letter of minor changes from Buildings and Codes. Public Hearing opened. John Horner Squalicum Beach Committee He said he was delighted with the Planning Commission's efforts and conclusions. He discussed Cornwall Park and their 400 signature petition efforts which have culminated in the City having purchased railroad right of ways for trails. There are 13 plus acres that the County owns; it lies behind the school and extends down to the sandy beach and his committee would like it to be placed in conservancy. This would be the last sandy beach within walking distance in Bellingham. Gave an historical overview and gave the Council a booklet (Exhibit 4) showing how this beach was used years ago. Horner stated that urban development would have undesired ramifications in this area. Victor Cano 1696 Sapphire Trail Cano stated that he is an avid kayaker and spends a lot of time on the shorelines. Most of surrounding counties and the City of Bellingham have a position of permanent long- term shoreline manager or planner. Whatcom County does not have such a position; the closest is a Shorelines Technician who looks at applications of development of shoreline property. He said that someone is building a house near Whiskey Rock in the area that is supposedly designated as Conservancy. He said there has been blasting of the rock face and the erosion is terrible; the natural shoreline has been wrecked in terms of the view. He strongly recommended designating the northern part of Governor's Points conservancy. Between Governor's Point and Larabee is an incredibly beautiful area and Cano urged to Council to protect it. He submitted 3 photos (Exhibit 5, 5a, and 5b) for the record. Monty McIntyre 585 Pleasant Bay Road Attended two of the Planning Commission work sessions and was quite appalled at the process. He said he witnessed a private attorney acting in a lobbying effort for a Special Council minutes, 1/11/90, page 3 landowner. It seemed that whatever he wanted was put into the document; these changes were made over staff recommendations. He said that this document is flawed because it was personally lobbied in an illegal manner. Art Hyatt 2318 North Shore Road In 1972, initiatives 43a and 43b were passed by the voters of Whatcom County and Washington State. The voters recognized that resources related to shorelines were limited yet often subject to harmful development. The Shorelines Management Program was designed to restrict development in sensitive areas. The periodic review of this plan has been undermined by Bob Tull. Hopefully the new Planning Commission will curb this. DOE will reject this document. He urged the Council to entrust it to a citizen's advisory committee for completion. Tougher land -use regulations are needed. Dirk Petty 1376 Van Wyck Road Amateur ornithologist. This is a beautiful area and one can see birds there that can not be seen anywhere else. If this area is developed the habitat will be destroyed for the unusual birds that live there. This is one of the most beautiful areas in Whatcom County. Please be very careful of the wording because words such as covered moorage, extension of docks, ramps, excavation up to the shoreline can be changed and these changes would impact this very sensitive area. Rita Foley 3878 Blue Canyon Road Sedro Woolley I've been listening to the same kind of testimony as I've heard tonight for twenty years but we can no longer sit back and do nothing. The current flooding in Centralia is because of the over - development. Careful logging is not as detrimental to the area as development; pavement and asphalt do not absorb water. Please think carefully about this beautiful area. Steve Irving 2100 Electric Approved of holding the area down by the paper mill for the people. There will be a lot of development pressure and we must try to save what we can for the future. Frank Ancock 1620 Rainier Avenue Here on behalf of the Audibon Society. He, in general, supports the recommendations of the staff report. The changes made by the Planning Commission have made the document totally unacceptable. Some of the changes are going in the opposite direction. Shorelines are a unique and limited resources and must be protected. Canada is trying to establish a wildlife refuge in Boundary Bay and the eastern shore of Point Roberts Special Council minutes, 1/11/90, page 4. might eventually be included in this. This was a more open situation and decided by public votes. Governor's Point is a unique shoreline and might one day be considered for a state park. There is wide concern for this area. Jay Saxton 801 16th Street Moved here from Portland to start a high tech business. He would like this put back to a 200 foot setback if possible. In recruiting executives, he uses Governor's Point to show them the beauty of the area. The services for development will be very costly and few would benefit. The sandstone down to the water is outstanding except where one person had somehow gotten a variance and blasted the sandstone to build a homesite. Strip development is bad planning; it squanders an asset and destroys the environment. Kim Hyatt 2318 North Shore Road Represents Friends of Lake Whatcom. Their efforts have been to convince the DNR and the County that Lake Whatcom is a very sensitive area as it is the drinking water supply for most of us. The Planning Commission plan is full of loopholes. Please reject the revised plan and turn it over to a panel of citizens for completion. Sensitive areas need sensitive consideration. David Peebles 1815 34th He is also a kayaker and paddles down by Whiskey Rock often. He has watched the development at Whiskey Rock and feels the structure will eventually slide on top of Whiskey Rock. This is a rare and special resource and it is frightening that we may lose it to development. Don Fleming Port of Bellingham Commended the citizen's of Squalicum Beach and the Whatcom County Parks who have put this program together. We are concerned about area 11. Port of Bellingham, City and County are facing decisions. The Port Commission is aware of Park plans and thinks these can be integrated. He does ask that the future of area 11 be delayed so that it can be master - planned with the Port's plans. Stafford Smith PO Box 6064 Represents Friends of Chuckanut. Prepared an analytical document that deals with the Planning Commission procedures and handed out copies. He welcomed the new members on the Council and offered condolences that they must face such a tough issue on their first night. His clients support adoption of the Planning Department draft but not the Planning Commission one. It is too biased by special interest groups. The Planning Commission plan was influenced by Robert Tull representing landowner Roger Special Council minutes, 1/11/90, page 5 Sahlin. Smith's clients ask that the Council please reject the fruits of the biased abuse; there is definite conflict of interest. Tull was allowed to be a major participant in the work sessions and given the opportunity to testify. In March 29 minutes it was stated that the Sahlin interests would be allowed to submit information needed to support their argument. The floor was often yielded the floor to Tull and the Commission followed his suggestions in matters that affected his client's interests. Smith was not allowed any time on behalf of the residents and was not given the opportunity to submit testimony to the record as Tull was being accorded for Mr. Sahlin. Smith's clients believe that Governor's Point should never have been designated as anything but conservancy. Smith said he did not agree that Simpson, who is not an attorney, should have given a legal opinion that a reclassification from rural to conservancy would be an unlawful taking of private property; this was used to cut off further discussion. He stated that 80 to 90 percent of the changes were non - controversial but he was concerned with the changes that occurred due to improper process at the Planning Commission level; these changes were incorporated into the document and favored a special interest element. He did not favor spot zoning. Shoreline designation is tied to physical characteristics. Rural designation is for developed shorelines; undeveloped shorelines fall into conservancy or natural designation. Public access was not covered and the Commission expects the Council to provide some kind of further review of this and maybe referral to a citizen's advisory board. He did suggest that the Council ought to provide some guidelines. Public access is desirable and we should go forward to implement this. Appendix A shows the attempts to get to speak to the Commission on behalf of the Governor's Point people. The Administration responded well and Mr. Cottingham from the Prosecutor's office tried to get the Commission back on line. The minutes show that Cottingham tried to get the Commission to not take new testimony outside of the record. Appendix B are the specific indications in the minutes showing that Tull was invited to address the Commission on substantive issues. Smith thanked the Council for their patience and consideration. Roger DeSpain Park and Recreation Department Offered to answer any questions Council had about the acquisition of part of the Little Squalicum Park property. He also responded to the Port Commission offer to work together on this project. Salt water access is a hot issue and this is the time to do something. Imhof asked how long the beach owned by the County is. DeSpain said it is about 2000 feet and this acquisition would add 540 feet. Special Council minutes, 1/11/90, page 6 Sharon Schayes 599 Pleasant Bay Road Shoreline Management Act is a document that allows for long range planning. Watched the work sessions and was appalled that the staff recommendations were ignored and an attorney working on behalf of someone wishing to develop could have such an influence on the proceedings. Staff recommendations on spot zoning were ignored. Schayes did agree with fair development. The Council must open the hearings to citizens and advertise in the Bellingham Herald rather fulfill some Council member's obligations by putting it in the Westside Record Journal. Martin Keeley Pt. Roberts Welcomed new members. He brought photos of geologically unstable cliffs. He stated that it is known to be dangerous to build on cliffs. To get a variance a developer needs only to have his staff engineer or geologist declare the cliff geologically stable; this is what happened in Lily Point and now 'they have had a slide five years later. County would be liable if anything happens. There is no mention of septic field drainage runoff and this should be restricted to a 200 foot setback. He suggested a review of the high water mark every few years as they have a great deal of silt from the Fraser River going into the ocean constantly. He also was upset with the forest practices section where so much of the original wording had been crossed out. Creosoted lumber could destroy clam beds. He said this document should go to a citizen's committee or to the Council for more work. Monica Gowan PO Box 4441 She stated she is a climber, pilot and a geologist on staff at Western Washington University. Her area of expertise is slopes ability. The former definition for geologically unstable was general but quite accurate but Roger Almsgaar's recent definition is very inadequate as it infers that an area has to be unstable at the present time. Things may become unstable for a variety of reasons such as alteration of surface water drainage due to development, earthquakes, etc. Milt Schayes 599 Pleasant Bay Presented a petition signed by 110 residents. They want staff recommendations to be reinstated. The following points are: 1. all height, width and length restrictions should be kept to the established minimum and not exceeded as in the present document; 2. map be amended to reflect consistency with the surrounding areas and the tip of Governor's Point be designated conservancy; 3. Rocky Shores be duly labeled as a sensitive area; 4. Shellfish be included as a current viable resource and in need of protection where marinas and launch ramps are requested; 5. the definitions of geologically unstable and height be carefully reviewed and a definition more in keeping with the Shorelines Management Act be sought. Special Council minutes, 1/11/90, page 7 Janet Wynn 307 Pleasant Bay Road We built an office building, a home and dock under the Shorelines Management Act and find it not to be too restrictive; it should not be relaxed. Public notices are put in the Westside Record Journal; this outrages County workers, residents and Olympia. She has been guaranteed if this is not changed locally, Olympia will handle it for us. There was poor attendance of Planning Commission members in dealing with this very important issue. The only person representing the Southside was a developer's attorney. He was allowed to introduce new information but the residents were rebuffed when requesting time and laughed at when they offered boat trips to view the shoreline. She stated that Tull's handiwork is illustrated in the pictures of blasted rubble when a 0 foot setback. The bank is now eroding substantially; this is a travesty visually but is directly opposed to the Shorelines Management Act and Fisheries as the erosion flows directly into the salmon run. If this happens with the current plan what will happen if it is relaxed plan is adopted. Bob Tull Representing Governor's Point Development Co. These people have owned this property since 1953. He is unhappy but not surprised at people's tactics that have been employed this evening. People's frustrations and lack of understanding of processes make them say things that they would not say if they had a full of understanding of matters. Mr. Smith's comments are made with the adversarial zeal that people have to live with. Tull finds it interesting that so much can be distorted so adroitly. He believes the Council has good filters for figuring out what is relevant and what isn't. He appreciates the opportunity for written submission and he will be submitting a photocopy of his submission to the Planning Commission. His clients have owned the property since 1953 and have invested over $200,000 in taxes in the last 15 years. They plan to develop eventually but have no plans at present. He rejected allegations against him and said they were irrelevant. A number of people do not want Governor's Point to be developed. There was some talk of public acquisition of this land for a Park; they owners say it is not for sale. Neighbors wish to enjoy this property while someone else pays the taxes. There is lip service to property rights but nothing more. He quoted a Supreme Court ruling on the taking clause: one of the principles of the taking clause is to bar government from forcing some people alone to bear public burdens which in all fairness and justice should be borne by the public as a whole. You must be careful when exercising the police power to not make those who happen to own the property next to the water or school bear all the burdens. If it is appropriate for this to be a Park someday, this should come about through the acquisitions process not whittling away at owner's rights. He said that his other client who has been mentioned tonight will have the only home on a 1200 foot shoreline. Special Council minutes, 1/11/90, page 8 Lois Garlick 2970 Chuckanut Point Road We don't wish to keep Governor's Point inactive but wish to protect the shorelines. She was on the original shoreline committee and she would at least like to see a 75 foot setback. Sharon Schayes 599 Pleasant Bay Road Begs the Council to take the residents comments seriously and not just those of Bob Tull. Please be aware of the conflict of interest. Public Hearing closed. The written record will remain open until January 22nd at 5 p.m. Hansey made an announcement that Jackson was absent because of a medical emergency. OTHER BUSINESS 1. ANNUAL REORGANIZATION AND ELECTION OF OFFICERS FOR WHATCOM COUNTY COUNCIL Each Council member had submitted a sheet with their suggestions as to who should be in each position and on each committee. Chairman - Vanderpol nominated Hansey Vice Chairman - Vanderpol nominated Warner Executive Pro Tem. - Laidlaw nominated Vanderpol Warner said he had planned to run for Chairman but had acquiesced to Hansey who wished to be Chairman again. Warner said that Hansey had done a good job and in response to any criticisms, the Council would ride herd on him. The vote on the above nominations was unanimous. Vanderpol read the tally sheets and nominated the following: Finance & Personnel Committee - Capital Projects - Planning & Development " - Public Service & Solid Waste - Health Dept. Advisory - Lake Whatcom Watershed - Council on Aging - Council of Governments - Developmental Disabilities - Fourth Corner Development - L.E.O.F.F. - Mental Health - Laidlaw, Warner, Vanderpol Haney, Warner, Laidlaw Hansey, Jackson, Laidlaw Vanderpol, Vander Yacht, Imhof Warner, Vander Yacht, Imhof Imhof, Jackson, Vander Yacht Jackson Laidlaw, Warner Imhof Haney Imhof Vanderpol Special Council minutes, 1/11/90, page 9 Mt. Baker Theatre Mgmt & Op Bd - Vanderpol N.W. Air Pollution Authority* - Imhof N.W. Regional Council N.W. Opportunity Council Public Defense Advisory Solid Waste Advisory Substance Abuse Whatcom Transit Authority Jackson Jackson Warner Warner Vander Yacht Laidlaw Vander Yacht nominated Jackson for Whatcom Transit Authority. All committees except Transit were voted on at once and the nominations were unanimously carried. * Laidlaw asked if a former council member could serve on this board. Haney said he had checked the RCW and it must be a member 'of the Legislative Authority. There is a citizen's advisory committee appointed by Whatcom Transit Authority. Van Zanten said Whatcom Transit Authority had removed possibility of having an alternate. Whatcom Transit Authority Laidlaw - Hansey, Imhof, Vanderpol, Laidlaw Jackson - Warner, Vander Yacht Laidlaw nominated Bob Moore to continue on as a citizen on the Lake Whatcom Watershed Committee and the Health Department Advisory, Committee. 2. *RECEIPT OF PERMIT APPLICATION FROM THERMAL REDUC- TION COMPANY FOR A TRANSFER FACILITY 3. *RECEIPT OF PERMIT APPLICATION FROM INTALCO ALUMINUM CORPORATION FOR SOLID WASTE DISPOSAL Items 2 and 3 were accepted by consent and referred to the Health Department Advisory Committee. INTRODUCTION OF RESOLUTIONS AND ORDINANCES (*CONSENT ITEMS 1. RESOLUTION CANCELLING UNCOLLECTIBLE PERSONAL PROPERTY TAXES WARNER MOVED TO APPROVE THIS ITEM. Motion carried. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Hansey welcomed new members. Imhof said he and Laidlaw had discussed moving the regular Council meeting from Thursday night to either Tuesday or Wednesday. This item will be introduced at Special Council minutes, 1/11/90, page 10 the next meeting. The next regularly scheduled meeting will be January 18, 1990 at 7 p.m. The meeting adjourned at 9:25 p.m. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON M IRA VA w E Iva 14