RECORD OF PROCEEDING OF CITY COUNCIL
CITY OF BELLINGHAM, WASHINGTON
COUNCIL CHAMBERS, CITY HALL
Monday, May 23, 2011, 07:00 PM
Book: 65, Page: 1
Called To Order The meeting was called to order by Council President Stan Snapp with the Pledge of Allegiance led by Adrienne Lederer.
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, May 23, at 10:00 a.m. in the Mayor’s Boardroom, there will be a meeting of the City Council’s Planning and Community Development Committee to discuss options for possible revisions of impact fees and system development charges.
· On Wednesday, May 25, at 10:00 a.m., there will be a meeting of Medic One Policy Working Group with the EMS Planning Committee at the County Courthouse.
· On Monday, June 6, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding the 2012 - 2017 Transportation Improvement Program.
Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
APPROVAL OF MINUTES
KNUTSON / BUCHANAN moved approval of the May 9, 2011 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0.
15 - MINUTE PUBLIC COMMENT PERIOD
Yoshé Revelle described over consumption in many areas, including the deficit. He encouraged those listening to consider “what can I do without today”?
Tanasije Chobanov, Xenia Street expressed frustration that he has been coming before council for five years with his concerns about Xenia Street in the Roosevelt Neighborhood. He shared a letter from March 31, 2010 from the city Public Works Department that responds to the neighborhoods’ requests for street lights and speed bumps. Mr. Chobanov is very concerned about safety in his neighborhood.
Bruce Deile described a bear attack in 1996 in Alaska and pointed out that bears are unpredictable and cannot always be controlled with calm behavior or pepper spray.
Clayton Petree thanked the city for being proactive on the scoping process for Cherry Point. He asked the City Council to insist on a range of alternatives for bulk facilities; that those responsible for the Environmental Impact Statement consider a full range of options and for those involved in the discussions, to think outside the limitations.
Marian Beddill described the quality of Lake Whatcom and the decline over the last 20 years. She reviewed actions the city can take to help protect Lake Whatcom that will provide an immediate and direct impact on water quality, including: bio-infiltration, low impact laws, sand filters for infiltration, eliminating products with phosphorous content, redesign and retrofit of recreational facilities in the watershed, control of domestic animal waste, stream bank erosion, restoring native vegetation and vehicle trip impacts.
AB19203 1. PRESENTATION REGARDING BELLINGHAM BELLS BY EDDIE POPLAWSKI
Mr. Poplawski, the new owner of the Bellingham Bells, was introduced to the council and audience. He reviewed the changes he has made and upcoming events that will re-energize the community of baseball for Bellingham. Information only.
AB19204 1. REQUEST FROM THE SUNNYLAND NEIGHBORHOOD ASSOCIATION (SNA) TO DOCKET FOR REVIEW A PROPOSED NEIGHBORHOOD PLAN AMENDMENT AND REZONE
Jeff Thomas, Planning Director introduced the request and reviewed events to date. The Planning Commission declined to initiate the proposal for docketing and encouraged the neighborhood to work with the property owner to develop an acceptable proposal for 2012. The Planning Director also declined to initiate the docketing process citing two primary reasons: 1) the proposal is not supported by the property owner; and 2) as recently as 2008, the City led and spent in excess of $50,000 of staff time and consultant resources developing an urban design concept and updated zoning that was rejected by both the Sunnyland Neighborhood Association (SNA) and the property owner.
Council Member Weiss noted that the Planning Commission minutes had not been included in the agenda packet.
Greg Aucutt, Senior Planner agreed that they should have been included.
Patrick McKee, Sunnyland Neighborhood Association, Board Member requested that the proposal be docketed for review in 2011, The Sunnyland Neighborhood Plan amendment and rezone proposal focus on the former Washington State Department of Transportation (WSDOT) site located on Sunset Drive. The neighborhood's proposal is that the temporary default zoning, now in place, be replaced with long term single family zoning, medium density, average lot size 6,250 s.f .
Mr. McKee said that the SNA is not attempting to change long standing zoning that a property owner was counting on to develop his property. This dilemma is a result of a break down in the public process. It was started in 2008 when former Planning Director Tim Stewart accepted a proposal from the SNA that met all of his requirements and he docketed the proposal in 2008. The Planning Director also docketed a proposal from Sunset Commons LLC, the owners of the property. The two proposals were carried over on the docket into 2009. At end of 2009, with no notification to the SNA the Planning Director removed both proposals from the docket.
The SNA would like to restart the public process. Mr. McKee believes the council has an obligation to move forward and remove the default zoning.
David Edelstein, property owner. Mr. Edelstein explained that he and the Greg Hinton, co-owners, Sunset Commons LLC have been trying to get the SNA Board of Directors to meet with them without success. Since buying the property and the tremendous changes in for-sale housing the needs have changed. The benefits have been identified for cottage style housing, and other infill styles. They have been reluctant to have neighborhoods rezone property without their input. He suggested that the proposal be docketed with two conditions: 1) the SNA Board must meet with the property owners to identify density, height, setback, type of housing and, 2) either the property owners or the neighborhood come up with an agreement and bring it forward to City staff. If the two parties are close enough, ask staff to recommend docketing.
Council President Snapp opened the public hearing.
Kirsti Charlton, 1410 Grant Street read a letter from the York Neighborhood Association Board of Directors regarding the Sunnyland Neighborhood request for docketing of Sub area 8, which urged support of the SNA proposal.
Stewart Bowmer, 2838 Franklin Street supports docketing the SNA proposal.
Mickey McDiarmid, Humboldt Street asked that the amendments be docketed.
Hank Bledowski, owns 507 Illinois Street, property directly attached to the DOT site. He would like the proposal to be docketed.
Mark Rogers owns 501 E. Illinois Street, property directly beside the DOT site. He believes both the owner and neighborhood association have made good faith efforts in negotiating and does not believe this will continue unless the proposal is docketed.
Mike Rostron, 406 E. Maryland Street praised the historical and rural character of the Sunnyland Neighborhood. He said it is the council’s responsibility to get this on the docket so that the neighborhood has some idea of what they face in the future.
Adrienne Lederer feels that the developer, the Planning Department and the neighborhood need to sit down and iron out the issues before you [the council] can make a decision.
There being no further comments, the public hearing was closed
Jeff Thomas clarified that the current zoning of the property is RS 20,000 (8-9 single family residential dwellings). This zoning was assigned with the intent of it being temporary. Area 8 essentially bisects the Area 1A zoning to both the west and the east. Staff and the Planning Commission agree that they would like to get the neighborhood and the property owner talking with one another.
KNUTSON / LILLIQUIST moved to docket the proposal.
BORNEMANN would like to see the Planning Commission minutes before making a decision.
WEISS / BORNEMANN moved to postpone consideration to June 6, 2011 and then consider Council Member Knutson’s motion. MOTION CARRIED 6-1, KNUTSON OPPOSED.
REPORTS OF COMMITTEES
COUNCIL STANDING COMMITTEE MEETINGS:
FINANCE & PERSONNEL
MEMBERS: CHAIR, MICHAEL LILLIQUIST; BARRY BUCHANAN; SETH FLEETWOOD
AB19205 1. RESOLUTION TO DESIGNATE AN INDIVIDUAL TO SERVE AS INVESTMENT OFFICER IN THE FINANCE DIRECTOR’S ABSENCE.
“A RESOLUTION PROVIDING FOR THE FINANCE DIRECTOR TO DESIGNATE AN INDIVIDUAL TO SERVE AS INVESTMENT OFFICER IN THE DIRECTOR’S ABSENCE.”
LILLIQUIST / BUCHANAN moved final approval of Resolution #2011-07. MOTION CARRIED 7-0.
WATERFRONT DEVELOPMENT COMMITTEE
MEMBERS: CHAIR, TERRY BORNEMANN; JACK WEISS; MICHAEL LILLIQUIST; GENE KNUTSON
AB19206 1. UPDATE ON WATERFRONT PROJECT STATUS
PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: CHAIR, BARRY BUCHANAN; JACK WEISS; GENE KNUTSON
AB19207 1. INTERLOCAL AGREEMENT WITH WHATCOM COUNTY, FERNDALE AND PORT OF BELLINGHAM FOR SHARED USE OF STREET SWEEPER
BUCHANAN / KNUTSON moved to authorize the Mayor to enter into an Interlocal Agreement with Whatcom County, Ferndale and Port of Bellingham for shared use of a street sweeper. MOTION CARRIED 7-0.
AB19208 2. BID AWARD FOR MEADOR / KANSAS / ELLIS TRAIL, PROJECT #ES-413, BID NUMBER 19B-2011
BUCHANAN / WEISS moved to award Bid No. 19B-2011 for Meador/Kansas/Ellis Trail project #ES-413 to Larry Brown Construction of Bellingham, Washington as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid which is $853,167.25. MOTION CARRIED 7-0.
AB19209 3. ORDINANCE AMENDING THE BELLINGHAM MUNICIPAL CODE TO ADOPT BY REFERENCE TWO STATE LAWS
“AN ORDINANCE RELATING TO CRIMINAL OFFENSES, AMENDING CURRENT SECTION 10.10.005 BY ADOPTING STATE LAW CRIMINAL OFFENSES BY REFERENCE.”
BUCHANAN / WEISS moved approval for first and second reading. MOTION CARRIED 7-0.
AB19210 4. CASCADE NATURAL GAS CORPORATION FRANCHISE UPDATE
MEMBERS: CHAIR, TERRY BORNEMANN; MICHAEL LILLIQUIST; JACK WEISS
AB19211 1. DRAFT 2012-2017 TRANSPORTATION IMPROVEMENT PROGRAM (TIP) AND REPORT ON THE ORCHARD STREET EXTENSION FEASIBILITY STUDY
Information only. Direction to staff was not required.
COMMITTEE OF THE WHOLE
CHAIR, STAN SNAPP
None submitted at evening meeting.
LILLIQUIST / FLEETWOOD moved to approve the draft letter regarding the proposed Gateway Pacific Terminal project and the scope of the EIS letter. MOTION CARRIED 7-0.
Council Member Fleetwood noted the parking situation in Fairhaven and asked if the parking needs there will be addressed in the future. Mayor Pike said that they will be addressed.
EXECUTIVE SESSION – Report and action only.
1. LABOR & NEGOTIATIONS: Staff provided an update on the ratification of the Teamsters Local 231 (Supervisors and Professionals) bargaining agreement for 2011-2013.
BORNEMANN / BUCHANAN moved to approve the agreement with Teamsters Local 231 – Supervisors and Professionals with the following terms:
Term of Agreement: 3 years
Wages: 2011 – 0%
2012 – 2013: 2% each year
Benefits: -City contribution capped at lowest cost plan premium, minus employee share.
-Employee share on lowest cost plan premium waived for a 12-month period. Effective July 1, 2012 the employee premium share amount will resume as before.
Deferred Comp: City provides 1.5% match on employee contribution to a 457 account, effective July 1, 2011.
Signing Bonus: City pays each active (at the time of ratification) Teamster member $650 on July 1, 2011, if they remain an active member of record at that time.
MOTION CARRIED 7-0.
2. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Information only.
1. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
Mayor Pike clarified several items in relation to the proposed ordinance regarding water/sewer service zones [AB 19189, Final Consideration of Ordinances].
Mayor Pike announced that the City will be hosting an input session on June 1, 2011 at 6:00 p.m. in the Bellingham Municipal Court building regarding the proposed Gateway Pacific Terminal project.
AB19212 2. MAYOR’S REAPPOINTMENT OF ALEX McLEAN TO THE GREENWAYS ADVISORY COMMITTEE
WEISS / BORNEMANN moved to approve the reappointment of Alex McLean to the Greenways Advisory Committee, term ending May 31, 2014. MOTION CARRIED 7-0.
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.
AB19213 1. ORDINANCE AUTHORIZING THE FINANCE DIRECTOR TO PROVIDE DIRECTION TO THE WHATCOM COUNTY TREASURER REGARDING TRANSFER OF PROPERTY TAX COLLECTED ON BEHALF OF THE CITY
“AN ORDINANCE RELATING TO THE COLLECTION OF CITY PROPERTY TAXES BY WHATCOM COUNTY AND DIRECTING THE TIMELY TRANSFER TO THE CITY OF TAXES IN THE CUSTODY OF THE WHATCOM COUNTY TREASURER.”
AB19214 2. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM APRIL 8, 2011 TO APRIL 14, 2011
AB19215 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM APRIL 15, 2011 TO APRIL 21, 2011
AB19216 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM APRIL 22, 2011 TO APRIL 28, 2011
AB19217 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM APRIL 29, 2011 TO MAY 5, 2011
AB19218 6. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM MAY 6, 2011 TO MAY 12, 2011
AB19219 7. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM APRIL 16, 2011 TO APRIL 30, 2011
KNUTSON / BUCHANAN moved to approve the Consent Agenda in its entirety. MOTION CARRIED 7-0.
FINAL CONSIDERATION OF ORDINANCES
AB19189 1. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON REPEALING ALL WATER AND SEWER SERVICE ZONES OUTSIDE THE CITY CORPORATE LIMITS AND AMENDING BMC CHAPTER 15.36 REGARDING THE CITY'S POLICIES AND PROCEDURES FOR PROVIDING CITY WATER AND SEWER SERVICE OUTSIDE THE CITY CORPORATE LIMITS
KNUTSON moved to postpone final consideration of AB19189 for two weeks. KNUTSON withdrew the motion.
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, BUCHANAN, FLEETWOOD, KNUTSON, LILLIQUIST, SNAPP, WEISS
MOTION CARRIED 7-0 and was thereafter named Ordinance #2011-05-025
AB19199 2. AN ORDINANCE RELATING TO THE 2011 BUDGET ADDING A SECOND MARKET STEP TO THE SUPERVISORY AND PROFESSIONAL EMPLOYEES SALARY PLAN FOR THE SYSTEMS ANALYST 1 CLASSIFICATION, AND APPROPRIATING AN ADDITIONAL $3,378.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE STREET FUND TO PROVIDE FOR THE APPLICATION OF THE NEW STEP TO THE SALARY FOR AN EMPLOYEE IN THE PUBLIC WORKS DEPARTMENT
KNUTSON / 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
MOTION CARRIED 7-0 and was thereafter named Ordinance #2011-05-026
There being no further business, the meeting adjourned at 8:57 p.m.
Stan Snapp, 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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