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You are here: Home) Government) Council) Meeting Materials) January 25, 2010


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, January 25, 2010, 07:00 PM
Book: 64, Page: 1


REGULAR MEETING


Called To Order The meeting was called to order by Council President Gene Knutson with the Pledge of Allegiance led by Mayor Dan Pike.

Roll Call
Present:
    Jack Weiss, Council Member, First Ward
    Gene Knutson, Council Member, Second Ward
    Barry Buchanan, Council Member, Third Ward
    Stan Snapp, Council Member, Fourth Ward
    Terry Bornemann, Council Member, Fifth Ward
    Michael Lilliquist, Council Member, Sixth Ward
    Seth Fleetwood, Council Member, At Large

Excused:

ANNOUNCEMENT(S)
    February 8 - Public Hearing: WTA Levy @ 7:00 p.m. in City Council Chambers.
      February 8 - Employee Recognition @ 7:00 p.m. in City Council Chambers.
      January 26 - 27, Council Members Terry Bornemann, Seth Fleetwood, Michael Lilliquist and Stan Snapp will be attending the Association of Washington Cities Legislative Action Conference in Olympia.
      February 22, @ 7:00 p.m. in City Council Chambers, there will be a Public Hearing regarding the docket of proposed Comprehensive Plan Amendments for 2010

    Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.

    Council President Knutson requested a moment of silence for the people of Haiti and the late Gene Hoagland.


    APPROVAL OF MINUTES

    BUCHANAN / BORNEMANN moved approval of the January 11, 2010 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.

    15 - MINUTE PUBLIC COMMENT PERIOD

    Tanasije Chobanov, Xenia Street expressed his thanks for a quick response when he was jogging near Whatcom Falls Park and was being chased by a German Shepherd and is concerned about the amount of dogs that are off leash. He asked why there are regulations that are not being enforced.

    Marian Beddill, 2700 Old Fairhaven Parkway. At the last council meeting she discussed the problems with Lake Whatcom. Granting that those conditions are true, she listed actions that will help protect the lake: do not bring products high in phosphorus into the watershed; if they are discovered then, carefully gather then and take them to safe disposal outside the watershed; be diligent in picking up animal feces; do not construct impermeable surface in the watershed; minimize or eliminate lawns which produce runoff; if rainwater runoff flows off your property, install a capture infiltration system; do not use herbicides close to the reservoir; on the lakeshore install a barrier to stop goose access to a lawn; no not shoot fireworks over or near the lake; substantially reduce traffic within the watershed; contribute more to funds used to purchase undeveloped watershed properties; encourage governments to increase enforcement of existing regulations; encourage governments to pass new regulations which protect the water quality; try to influence others to do all of these things; and hold a Clean Water party to explain, discuss and get support for all of these things.

    Johnny Grames told how Haiti is important to United States history and shared his appreciation of the Martin Luther King celebration.


    PUBLIC HEARING(S)

    AB18727 1. A PUBLIC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT ASSOCIATED WITH THE QUASI-JUDICIAL REZONE OF THE PROPERTY LOCATED AT 1906 WILSON AVENUE

    Chris Koch, Planner II, presented the staff report. He described the location of the project and summarized the scope of the request from the proponents. The current zoning for the property is residential single. The rezone proposal does not change the density but does change the arrangement of the housing allowed on the site by clustering the housing to the north in order to facilitate future daylighting of Padden Creek across the south side of the property. Mr. Koch noted that the Planning Commission recommends approval and added that the purpose of this rezone is to ensure that the portion of the subject site that is essential for daylighting Padden Creek is dedicated to the public; will provide sufficient land for the developer; and ensure that development will be compatible in design with the surrounding neighborhood.

    He then explained that the Development Agreement was completed about one week ago and was provided to the applicants. They have requested additional time to review the Development Agreement. Only minor non-substantive changes are expected so staff recommended that the Public Hearing be opened and remain open to February 8, 2010.

    Tim Stewart, Director Planning & Community Development clarified that the quasi-judicial closed record hearing on the actual rezone, which is dependent upon approval of the Development Agreement will be delayed. Once the Development Agreement is approved the closed record hearing will be held on the change of zoning. He emphasized that this is an important project for the creek and merits careful attention because it will facilitate the daylighting of the creek. This has been a long-term goal of the city and the neighborhood for many years.

    Eric Weden, Weden Engineering, Ferndale, Washington spoke on behalf of the applicant in regard to the Development Agreement. He said that the draft of the agreement was received on January 20th and, although they have had a chance to review the document, they have not had a chance to formally respond. He expects only minor clarifications to be made.

    Council President Buchanan opened the public hearing.

    Frank Edwards, 1906 20th Street property owner adjacent north and west of the development. He bought the property two years ago. Mr. Edwards made the following points:
      • He has a city drainage ditch that is adjacent to 19th street and has, out of his own pocket, kept it pristine. Winter storms have washed debris across and the natural ditch and viaduct are plugged.
      • He has had no response from the City on who controls the ditches; he has not asked for reimbursement.
      • The city puts a high value on this ditch being in operative condition and clean but they physically have done nothing more than say, “I will go out there and look at it.”
      • 19th Street is going to be expanded. He is concerned about how and where it will be widened. If it is widened onto his land, will he be compensated? He is very concerned about the cause and effect of the widening of 19th street.

    Mark McDonald, 1809 Old Fairhaven Parkway addressed the widening of 19th Street. He said it is a single lane alleyway that is basically a walking trail; it has three or four houses so there is very little traffic but there is a great deal of foot traffic on the way to Larrabee School and the Rotary Trailhead across the street. Accessing the property from 19th, which is essentially a walking trail, and creating twelve houses with their traffic through this substandard road, essentially a pedestrian pathway, is of great concern to him.

    Eric Weden, Engineer for the applicants responded and said that this application is in the planning stages, however, they have put in quite a bit of time looking at the drainage, stormwater quality and treatment so that the water would shed away from the ditch. During the final design stages they will be looking at drainage and working with staff and submitting final design/construction documents for this project consistent with conditions of approval. Additionally, the Interurban trail that goes from Old Fairhaven Parkway deadheads in the southwest corner of the street. That has been readjusted to connect to the sidewalk.

    Public hearing held and continued to February 8th.


    REPORTS OF COMMITTEES

    EXECUTIVE SESSION
          1. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Direction was provided to staff. No action was taken.


    FINANCE & PERSONNEL
    MEMBERS: CHAIR, STAN SNAPP; BARRY BUCHANAN; MICHAEL LILLIQUIST

    AB18728 1. SUSTAINABLE STRATEGIES COUNCIL (SSC) UPDATE

    Council Member Snapp reported that Lorne Rubis, CEO of Ryzek Corporation and SSC Chairman made a presentation to council during committee. They are working to bring the 2011 National Conference of Business Alliance for Local Living Economies (BALLE) to Bellingham. They will keep the council updated with their progress. Information only.

    BORNEMANN / BUCHANAN moved to direct staff to prepare a resolution in support of the BALLE National Conference. MOTION CARRIED 7-0.


    PUBLIC WORKS / PUBLIC SAFETY
    MEMBERS: CHAIR, BARRY BUCHANAN; STAN SNAPP; JACK WEISS

    AB18729 1. APPOINTMENT OF THE MEMBERS OF THE CAPITAL FACILITIES ADVISORY TASK FORCE

    BUCHANAN / SNAPP moved to authorize the Mayor to appoint the following citizens to the Capital Facilities Advisory Task Force (CFTF) to assist the City Finance Director and who will join the representative of the Council’s Finance & Personnel (Stan Snapp) and Planning & Community Development (Terry Bornemann) Committees on the body: Scott Miles, Edie Norton, Andy Law, Dave Finet, Barbara Ryan, Bruce Clawson, John Stewart, Mark Asmundson, Karen Funston, Eric Hirst and Greg Sundberg. MOTION CARRIED 7-0.

    Council Member Buchanan reported that he has been appointed alternate for the Finance and Personnel Committee and Michael Lilliquist has been appointed alternate for the Planning Community Development Committee.


    TRANSPORTATION
    MEMBERS: CHAIR, JACK WEISS; STAN SNAPP; MICHAEL LILLIQUIST

    AB18730 CB 13592
    1. AN ORDINANCE FOR APPROPRIATION OF GRANT FUNDS FROM AMERICAN RECOVERY AND INVESTMENT ACT FOR THE RESURFACING OF BAKERVIEW AND HANNEGAN ROADS, ES-414

    AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $1,600,000.00 OF ADDITIONAL REVENUE AND EXPENSES FOR THE BAKERVIEW & HANNEGAN / WOBURN OVERLAY PROJECT.”

    WEISS / SNAPP moved approval for first and second reading. MOTION CARRIED 7-0.


    PLANNING & COMMUNITY DEVELOPMENT
    MEMBERS: CHAIR, TERRY BORNEMANN; SETH FLEETWOOD; MICHAEL LILLIQUIST; JACK WEISS

    AB18731 1. A PROPOSAL ESTABLISHING THE SCOPE OF THE REQUIRED 2011 COMPREHENSIVE PLAN UPDATE

    Council Member Bornemann reported that the 2011 Comprehensive Plan must be updated by December 1, 2011 and that the project will be completed entirely in-house, using existing staff. The Comprehensive Plan will need to address, at the minimum, the following issues:
      • a new 20 year planning period;
      • new 2031 population, housing and employment growth forecasts;
      • revisions to the Urban Growth Area boundary made by the county in 2009,
      • new policies related to land uses near the Bellingham International Airport; and
      • new Shoreline Master Program goals.

    The committee directed staff to move forward with this scope of work.

    BUCHANAN / LILLIQUIST moved to direct staff to include an Economic Development Chapter in the Comprehensive Plan. MOTION CARRIED 6-1, BORNEMANN opposed.


    AB18732 2. PRESENTATION OF BELLINGHAM EMPLOYMENT LANDS STUDY – PHASE II

    Council Member Bornemann reported on the presentation made during committee. He noted recommendations for potential regulatory tools that came of this study:
      Assign a point person for Economic Development
      Establish appropriate land use regulations
      Communicate business-friendly attitude
      Review Business & Occupation Tax for selected sectors
      Review impact fees for selected sectors
      Work with Port of Bellingham to improve air service to key hub cities
      Expand bus service to employment area
      Consider public parking structures
      Direct companies to financing sources for business expansion
      Encourage incubator development
      Information only.


      AB18587 3. A WORKSESSION TO CONSIDER EXCEPTIONS TO THE 90,000 SQUARE FOOT SIZE LIMIT FOR RETAIL ESTABLISHMENTS

      Council Member Bornemann reported that David Webster, Chief Administrative Officer, presented a proposal during committee, from the administration, presenting alternatives to expand the requirements regarding the Big Box retailers. He explained that the proposal would define two levels of mitigation that reflect values for both expansions and new stores:
        Level 1 would be less mitigation for those meeting certain criteria
        Level 2 would be all proposed expansions or new large retail outlets that do not meet one of the criteria in Level 1

      Committee directed staff to continue consideration to the February 8, 2010 meeting to consider the proposal "A Balanced Approach to Big Box Retailers" and to schedule a Public Hearing.


      COMMITTEE OF THE WHOLE
      CHAIR, GENE KNUTSON
              1. OLD/NEW BUSINESS

      Council Member Weiss reported that the City Council will be holding a Public Hearing on February 8th with regard to the WTA Levy.

      Council Member Bornemann thanked all those involved and who attended the Martin Luther King Celebration.

      MAYOR'S REPORT

              1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. No items presented.


      AB18733 2. MAYOR’S REAPPOINTMENT OF MICHAEL REED TO THE SEHOME HILL ARBORETUM BOARD OF GOVERNORS

      Information only.


      AB18734 3. MAYOR’S APPOINTMENT OF KELLY HART TO THE TOURISM COMMISSION

      Information only.



      CONSENT AGENDA
      All matters listed on the Consent Agenda are considered routine and/or non-controversial items and may be approved in a single motion. Committee review has taken place during the afternoon session on most of these items. A member of the Council may ask that an item be removed from the Consent Agenda and considered separately.

      AB18735 CB 13593
      1. RECLASSIFICATION OF JOB DUTIES IN PARKING SERVICES

      “AN ORDINANCE RELATING TO THE 2010 BUDGET RECLASSIFYING ONE PARKING SERVICES FUND POSITION IN THE PUBLIC WORKS TRANSPORTATION GROUP, WHERE NO APPROPRIATION OR REALLOCATION OF FUNDS IS REQUIRED.”

      AB18736 2. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM DECEMBER 18, 2009 TO DECEMBER 31, 2009.

      AB18737 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM DECEMBER 31, 2009 TO JANUARY 8, 2010.

      AB18738 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JANUARY 8, 2010 TO JANUARY 15, 2010.

      AB18739 5. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM DECEMBER 16, 2009 TO DECEMBER 31, 2009.

      BUCHANAN / BORNEMANN moved to approve the Consent Agenda in its entirety. MOTION CARRIED 7-0.


      FINAL CONSIDERATION OF ORDINANCES

      AB18719 1. CB 13589
      AN ORDINANCE OF THE CITY OF BELLINGHAM RELATED TO LEASING OF CITY-OWNED PROPERTY, AMENDING BMC SECTION 4.88.015 TO REFLECT OWNERSHIP CHANGES IN PROPERTIES, AND ADD THE FEDERAL BUILDING LEASES TO THE EXEMPTION SECTION.

      BORNEMANN / BUCHANAN moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote:

      AYES: BORNEMANN, BUCHANAN, FLEETWOOD, KNUTSON, LILLIQUIST, SNAPP, WEISS
      NAYS:
      ABSTENTIONS:

      MOTION CARRIED 7-0 and was thereafter named Ordinance #2010-01-005



      AB18721 2. CB 13590
      AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE SECTION 15.04.105 REGARDING FEES FOR SEWER LIEN FILINGS.

      WEISS / SNAPP moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote:

      AYES: BORNEMANN, BUCHANAN, FLEETWOOD, KNUTSON, LILLIQUIST, SNAPP, WEISS
      NAYS:
      ABSTENTIONS:

      MOTION CARRIED 7-0 and was thereafter named Ordinance #2010-01-006




      ADJOURNMENT
      There being no further business, the meeting adjourned at 8:17 p.m.


      Gene Knutson, Council President

      ATTEST: Linda D. Anderson City Clerk Representative
      APPROVED: 02/08/2010



      This is a digital copy of an original document located at Bellingham's City Hall. The City of Bellingham specifically disclaims any responsibility or liability for the contents of this document. The City of Bellingham does not verify the correctness, accuracy, or validity of the information appearing in this document.

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