RECORD OF PROCEEDING OF CITY COUNCIL
CITY OF BELLINGHAM, WASHINGTON
COUNCIL CHAMBERS, CITY HALL
Monday, October 11, 2010, 07:00 PM
Book: 64, Page: 1
Called To Order The meeting was called to order by Council President Gene Knutson with the Pledge of Allegiance led by Beverly Jacobs.
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
· On Monday, October 18, 9:00 a.m. - 12:00 p.m., in the Mayor’s Boardroom there will be a Special Worksession regarding the 2011 budget.
· On Monday, October 25, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding York Neighborhood Plan Amendments.
· On Monday, November 1, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding amendments to the Multi-Family Tax Exemption ordinance.
· On Monday, November 8, 9:00 a.m. - 4:00 p.m. in the Mayor’s Boardroom there will be a Special Worksession regarding the 2011 budget.
· On Monday, November 15, 8:30 a.m. - 12:00 p.m. in the Mayor’s Boardroom there will be a Special Worksession regarding the 2011 budget.
· On Monday, November 22, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding the Silver Beach Neighborhood Plan Amendment.
Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
APPROVAL OF MINUTES
SNAPP / LILLIQUIST moved approval of the September 27, 2011 minutes of the regular Council Meeting as corrected. MOTION CARRIED 7-0.
PUBLIC COMMENT PERIOD MOVED TO END OF MEETING.
AB18986 1. PRESENTATION OF THE ICLEI ENERGY EFFICIENCY IMPLEMENTATION INNOVATION AWARD TO THE CITY OF BELLINGHAM
Council Member Weiss announced that he had received the ICLEI Energy Efficiency Implementation Innovation Award on behalf of the City. The organization deals with sustainable issues throughout the world and Mr. Weiss recognized key community partners of the city: the Opportunity Council, Sustainable Connections and Banner Bank.
AB18987 2. PRESENTATION OF THE AMERICAN WATER WORKS ASSOCIATION (AWWA) TEN-YEAR DIRECTORS AWARD FOR CONTINUOUS SAFE WATER IN THE CITY OF BELLINGHAM
Lori Fulton presented the AWWA Ten-Year Director's Award to Bill Evans, Chief Operator at the Water Treatment Plant. This is the 10th consecutive year the city has received this award.
AB18988 3. PRELIMINARY REPORT FROM THE CAPITAL FACILITIES TASK FORCE
Council Member Snapp, Co-Chair of the Capital Facilities Task Force explained that this was a limited term task force approved by the City Council at the end of 2009. Council Member Bornemann and Council Member Snapp served as co-chairs with alternates, Council Member Buchanan and Council Member Lilliquist. Community members included: Former Mayor Mark Asmundson, Former City Council Member Barbara Ryan, Bruce Clawson, Karen Funston, Eric Hirst, Andy Law, Scott Miles, Edie Norton, John Stewart and Greg Sundberg. A sub-committee on Debt Capacity, which included Bruce Clawson and Greg Sundberg, assisted Finance Director John Carter in analysis of planning and availability of the city’s debt capacity.
Scott Miles, PhD, Professor of Planning and Environmental Policy at Huxley College at Western Washington University presented the preliminary report on behalf of the task force. Dr. Miles reviewed the process of the task force, which has developed and identified the Guiding Principles and their Directives as follows:
FIRST GUIDING PRINCIPLE: Make Fully Informed Capital Facilities Decisions
Ø Use a broad array of tools that assist in measuring financial options
SECOND GUIDING PRINCIPLE: Be Prudent
Ø Complete and maintain an inventory of capital assets
Ø Identify the drivers of capital need
Ø Evaluate full costs of existing and proposed capital assets
Ø Fix it first
THIRD GUIDING PRINCIPLE: Pursue alternatives to capital spending
Ø Maintain reserve funds to protect existing assets
Ø Maintain the financial integrity of the various funds
Ø Know when to say no
Ø Focus on progressive funding mechanisms
Ø Expand partnering and collaboration
Ø Educate public to help delay or reduce infrastructure costs
FOURTH GUIDING PRINCIPLE: Protect basic assets and services
Ø Upgrade and improve facilities and operations rather than add or replace assets.
Ø Use best available technologies and processes to manage resource demand and reduce need for new capital projects
Ø Give highest priority to public health and safety
FIFTH GUIDING PRINCIPLE: Where and how we build matters
Ø Provide a safe and adequate work environment for employees
Ø Establish realistic level of services
Ø Locate government facilities near urban centers
DEBT CAPACITY MODELING CONCLUSIONS
Ø Co-locate facilities and share assets
Ø Create facilities for flexible use
Ø Locate and provide facilities with viable transportation choices
Ø Encourage intentional design as to place and community culture
Ø Encourage green building construction, and repair practices
Ø Funding to service new debt is limited
The full report to council is expected in November.
AB18989 1. PUBLIC HEARING ON PROJECTED REVENUES AND PROPERTY TAX LEVY AMOUNT INCREASE
Brian Henshaw, Budget Manager presented a Power Point with the 2011 Revenue Forecast. Mr. Henshaw described the preceding years’ revenues and the projected General Fund tax revenues for Sales tax, B&O tax, Real Estate Excise tax, Utility taxes and estimations and variables if a 1% Property Tax levy is approved.
Budget Calendar Key Dates:
October 18 Worksession
October 25 Third Quarter Financial Review
Introduction of Property Tax Ordinance
November 1 Department Presentations
Adopt Property Tax Ordinance
November 8 Worksession
November 15 Worksession
November 22 Department Presentations
December 6 Worksession
Introduction of Budget Ordinance
December 13 Adopt Budget Ordinance
Council President Knutson opened the public hearing.
Bruce Deile addressed the city’s Proposition No. 1, Transportation Benefit District No. 1 Sales & Use Tax for Transportation Improvements. He quoted from the Whatcom Watch “[the tax]…uses a sales tax also paid by nonresidents, not a property tax paid by just Bellingham residents”.
Julie Guy spoke in support of the additional taxes that the city is asking for and encouraged the public to vote in favor of these taxes; noting that they will not affect ones’ income to any great extent but will be very important to the city.
There being no further comments, the public hearing was closed.
AB18990 Resolution #2010-27
2. RESOLUTION TO OPPOSE INITIATIVES 1100 AND 1105 RELATED TO PRIVATIZATION OF LIQUOR SALES
Council Member Bornemann presented information in support of the resolution he has proposed opposing the privatization of liquor sales. Under the current system, the state is both the distributor and retailer of hard liquor spirits; the state charges a mark-up or “profits” on their liquor sales and imposes a liquor tax. Both sources of revenue are shared in part with the cities. After the state covers the cost of its operations it then shares the excess remaining revenue:
Liquor profits: 50% to the state, 40% to cities and 10% to counties.
Ø Current six-year capital program will utilize most of the available capacity
Ø Current forecast show insufficient capacity to fund additional projects
Ø As debt is retired capacity builds rapidly
Ø New debt capacity can be generated through new funding sources
Mr. Bornemann reviewed the revenue distribution and described the impact on cities in the event that either, or both, of the initiatives 1100 and 1105 pass. Currently the profits from the sale of alcohol in state run liquor stores go to fund essential government services. If the initiative(s) pass, Bellingham would lose an estimated $800,000-$900,000 that would go to the city’s general fund. Additionally, the Liquor Control Board currently has a 94% compliance rate for liquor sales at the 315 state and contract stores. With the estimated 3,357 private stores that could sell liquor under a privatized system, Mr. Bornemann is very concerned about the access and enforcement with regard to under-aged drinkers.
Council President Knutson opened the public hearing.
No citizens spoke and the public hearing was closed.
Council Member Bornemann noted the following correction to the proposed resolution. The words ‘like Costco and Walmart’ have been removed from the seventh (7th) whereas.
BORNEMANN / LILLIQUIST moved approval of the resolution.
LILLIQUIST moved to amend the motion and submitted extensive written revisions to the resolution. There was no second to the amendment.
WEISS made a friendly amendment to:
· from the tenth (10th) whereas:
DELETE ‘that are used for important city services’
ADD ‘revenue estimated to be $’, ‘in 2010’ and ‘and’
Liquor taxes: 65% to the state, 28% to the cities and 7% to the counties.
· add an eleventh (11th) whereas to read:
“WHEREAS, the City of Bellingham’s general fund supports basic municipal services, chief among which are police and fire protection, municipal court, public parks, the public library and local community and economic development,”
BORNEMANN accepted the friendly amendment.
Resolution #2010-27 was approved as amended. MOTION CARRIED 6-1, LILLIQUIST opposed.
AB18991 3. CONSIDERATION OF MODIFICATION TO THE MERIDIAN NEIGHBORHOOD PLAN, ZONING TABLE AND MAPS AND CREATION OF A NEW CORDATA NEIGHBORHOOD PLAN
Kathy Bell, Planner explained that AB 18991 and AB 18992 would be reviewed concurrently by staff and the public but considered separately for direction by council.
Ms. Bell reviewed the two items: AB 18991, modifications to the Meridian Neighborhood
Plan, Zoning Table and maps and creation of a new Cordata Neighborhood Plan and AB 18992, a site specific rezone for a portion of Area 1, Meridian Neighborhood, also known as the “Gray Rezone” In response to residents, property owners, business owners and neighborhood groups, the Planning Director docketed the request to look at the boundaries of the northern neighborhoods. Currently there are four neighborhoods: Mt Baker (consolidation of Irongate and Barkley Neighborhoods), King Mountain, Meridian and Guide Meridian/Cordata. Staff is requesting five items:
“WHEREAS, the City of Bellingham will lose revenue estimated to be $971,043.19 in 2010 from its general fund; and”
1. Create a new Cordata Neighborhood with the neighborhood plan zoning, land use maps and zoning table.
Ms. Bell reviewed maps of the areas in question and noted that all procedural steps associated with these proposals have been met, and meet the criteria for the Comprehensive Plan per Title 20.
Adrienne Lederer (Cordata Neighborhood Association) [AB 18991] gave a brief review of the Neighborhood Association’s process to date and thanked the Planning Department for the work done on the Cordata Neighborhood plan and boundary changes.
Council President Knutson opened the public hearing.
Heather Wolff, Attorney, representing Richard and Janis Gray [AB 18992]. Ms. Wolff noted that the Planning Commission voted unanimously to recommend that the Gray’s property be rezoned and be included with Area 5 of the Meridian Neighborhood which would allow for development of both commercial and industrial uses on the property. She projected a map and, as recommended by staff, the applicants show a contiguous road to Pacific Highway from Dover along the southern boundary of the rezone area. This would allow for a potential trail corridor within the Division Street right-of-way and would be consistent with the North Bellingham trail plan. This rezone would ensure zoning consistencies with the properties to the south.
Julie Guy [AB 18991] supports the changes to the neighborhood boundaries. She said it has been carefully worked out and she encouraged support.
Beverly Jacobs [AB 18991] announced the opening of the first trail in the Cordata Neighborhood on November 7th. She noted that they would love to have library service for the Cordata Neighborhood in the future.
Lyle Sorenson President, Glenaire Estates Homeowners Association spoke with regard to the “Gray Rezone”. [AB 18992]. While they support the rezone in general, they are not in support of connecting Dover Street through to their neighborhood as they feel it would end up being a short cut route.
There being no further comments, the public hearing was closed.
Council Member Lilliquist asked when a decision would be made with regard to Dover Street.
Kathy Bell replied that it would be considered by staff with any development proposal as development occurs. Staff would consider the prerequisite considerations, the special conditions, all of the zoning tables and give notice to the public. She went on to explain that when the Glenaire subdivision went in there was the idea that Dover would connect Bakerview, extend north and essentially run parallel to Northwest Road just to help circulation and provide connecting links. Because it is an extremely wet area, the Critical Areas Ordinance and the impact that it may have is something that staff would need to consider.
BUCHANAN / BORNEMANN moved to direct staff to bring the ordinance forward for consideration on December 6, 2010. MOTION CARRIED 7-0.
AB18992 4. CONSIDERATION OF A COMPREHENSIVE PLAN AMENDMENT AND SITE-SPECIFIC REZONE FOR A PORTION OF AREA 1, MERIDIAN NEIGHBORHOOD
WEISS / LILLIQUIST moved to hold the item over for a worksession on October 25, 2010.
Council Member Weiss explained that there are five criteria for neighborhood plan amendments and he does not concur with the applicant’s responses to the criteria. He feels the council should look at this more closely and noted the following concerns:
2. Update the Meridian Neighborhood plan with maps and zoning table essentially taking property from the Guide Meridian/Cordata Neighborhood and adding it to the Meridian Neighborhood.
3. Once these two neighborhoods are complete with all their associated maps and zoning, then staff requests that the Guide Meridian/Cordata Neighborhood be eliminated because it is being replaced by the new Cordata Neighborhood and the revised Meridian Neighborhood.
4. Gray Comprehensive Plan Amendment/Rezone, a site-specific rezone for a portion of Area 1 - Meridian Neighborhood.
5. Amend Big Box regulations: to amend by reference to a change of sub-area; it is not substantive.
· Throughout the proposal it talks about the close proximity to the existing residential and commercial development nearby. He said other than the 24 homes adjacent, there is no other walkable residential to this commercial area and feels the rezone should include residential. This is a perfect opportunity to have high residential use (Fred Meyer and other shops) in addition to the commercial use.
After further discussion between council and staff, Ms. Bell clarified that under the proposed zoning; anywhere within the City of Bellingham that is planned commercial, residential uses are outright permitted uses as long as there is a commercial use. The mixed zoning option allows but does not create, nor is it, an urban village. If an urban village is what the council desires it cannot be incorporated into this proposal. It would take an action of denying the proposal and then coming back through the docketing process and going through the urban village process.
MOTION FAILED 3-4, BUCHANAN, BORNEMANN, KNUTSON, SNAPP OPPOSED.
BUCHANAN / BORNEMANN moved to direct staff to bring the ordinance forward for consideration on December 6, 2010.
MOTION CARRIED 5-2, LILLIQUIST, WEISS opposed.
REPORTS OF COMMITTEES
COUNCIL STANDING COMMITTEES:
FINANCE & PERSONNEL
MEMBERS: CHAIR, STAN SNAPP; BARRY BUCHANAN; MICHAEL LILLIQUIST
AB18993 1. PRESENTATION OF THE 2011 PRELIMINARY BUDGET
PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: CHAIR, BARRY BUCHANAN; STAN SNAPP; JACK WEISS
AB18994 CB 13649
1. AN ORDINANCE RELATING TO BMC 6.54, REGULATION OF TAXI CABS AND FOR-HIRE VEHICLES TO DEFINE THE TERM “COMPENSATION”
“AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING CHAPTER 6.54, TO ADD A NEW SUBSECTION IN 6.54.020 C. TO DEFINE THE TERM “COMPENSATION” FOR PURPOSES OF THIS CHAPTER.”
BUCHANAN / SNAPP moved approval for first and second reading. MOTION CARRIED 7-0.
LAKE WHATCOM RESERVOIR & NATURAL RESOURCES
MEMBERS: CHAIR, MICHAEL LILLIQUIST; BARRY BUCHANAN; STAN SNAPP; SETH FLEETWOOD
AB18995 1. DISCUSSION OF DRAFT ORDINANCE TO AMEND BMC 15.45.050 REVISING RESTRICTIONS ON PHOSPHORUS IN GARDEN PRODUCTS AND REVIEW OF GUIDELINES FOR GARDENING PRACTICES IN THE LAKE WHATCOM WATERSHED
Council Member Lilliquist reported that the committee had directed staff to form guidelines to be proposed with the ordinance. Staff will bring forward the ordinance and guidelines at a later date.
PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: CHAIR, TERRY BORNEMANN; SETH FLEETWOOD; MICHAEL LILLIQUIST; JACK WEISS
AB18996 1. DISCUSSION OF DRAFT ORDINANCE TO EXPAND THE CITY’S INCENTIVES FOR AFFORDABLE HOUSING DEVELOPMENT
Council Member Buchanan reported that the committee had directed staff to schedule a worksession, date to be determined.
COMMITTEE OF THE WHOLE
CHAIR, GENE KNUTSON
· Increased commercial zoning would severely impact traffic in the area.
· He would advocate more mixed use, possibly an urban village, which would be a higher and better use for the property.
None submitted at evening meeting.
Council Member Lilliquist thanked the Fairhaven Lions Club for resurfacing and repainting of the ‘Welcome to Bellingham’ sign.
Council Member Bornemann noted that Dr. Marvin A. Wayne, MD, was recognized last week by the American College of Emergency Physicians (ACEP) for his outstanding contributions to emergency medicine.
EXECUTIVE SESSION - Report only.
1. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
SNAPP / BORNEMANN moved to authorize the Mayor to execute a Utility Service Agreement for Phase 1 of the Airport Terminal Expansion pursuant to the Standstill Agreement in the above litigation matter, with the standard fees applicable to service outside of the City. MOTION CARRIED 7-0.
4. LITIGATION: Hofstetter v. City of Bellingham: Staff provided an update on a pending litigation matter. Direction provided to staff. No action taken.
1. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Direction provided to staff. No action taken.
2. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Direction provided to staff. No action taken.
3. LITIGATION: Port of Bellingham v City of Bellingham: Staff provided an update on ongoing negotiations regarding settlement and request under the Standstill Agreement for utility service for Phase 1 Expansion of the airport terminal.
AB18997 2. MAYOR’S APPOINTMENT OF CHRISTINE JENKINS TO THE TOURISM COMMISSION
All matters listed on the Consent Agenda are considered routine and/or non-controversial items and may be approved in a single motion. A member of the Council may ask that an item be removed from the Consent Agenda and considered separately.
AB18998 1. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM SEPTEMBER 17, 2010 TO SEPTEMBER 24, 2010
AB18999 2. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM SEPTEMBER 24, 2010 TO OCTOBER 1, 2010
AB19000 3. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM SEPTEMBER 1, 2010 TO SEPTEMBER 15, 2010
BORNEMANN / SNAPP moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0.
FINAL CONSIDERATION OF ORDINANCES
AB18951 1. CB 13645
AN ORDINANCE RELATED TO LAND USE PLANNING AND ZONING ESTABLISHING THE FOUNTAIN DISTRICT URBAN VILLAGE SUBAREA PLAN, AMENDING PORTIONS OF LAND USE AREAS 3 AND 8, AND ALL OF AREAS 6 AND 10 OF THE COLUMBIA NEIGHBORHOOD PLAN; AREAS 9, 10, 11, 11A OF THE CORNWALL PARK NEIGHBORHOOD PLAN; A PORTION OF AREAS 3 AND 8, AND ALL OF AREAS 2 AND 5 OF THE LETTERED STREETS NEIGHBORHOOD PLAN; AND AMENDING THE LAND USE DEVELOPMENT CODE (TITLE 20) FOR THE PURPOSE OF ADOPTING THE FOUNTAIN DISTRICT URBAN VILLAGE SUBAREA PLAN AND ASSOCIATED DEVELOPMENT REGULATIONS.
WEISS / BORNEMANN 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, FLEETWOOD, LILLIQUIST, SNAPP, WEISS
NAYS: BUCHANAN, KNUTSON
MOTION CARRIED 5-2 and was thereafter named Ordinance #2010-10-057
AB18974 2. CB 13646
AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $214,680.00 FROM TRANSPORTATION DEVELOPMENT FEES INTO THE STREET FUND TO CONSTRUCT THE TULL SHORT PLAT ACCESS ROAD
BORNEMANN / 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
MOTION CARRIED 7-0 and was thereafter named Ordinance #2010-10-058
Bruce Deile spoke in support of Proposition No. 1, Transportation Benefit District No. 1 Sales & Use Tax for Transportation Improvements.
There being no further business, the meeting adjourned at 9:27 p.m.
Gene Knutson, Council President
ATTEST: Linda D. Anderson City Clerk Representative
1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.
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