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RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, May 14, 2012, 07:00 PM
Book: 66, Page: 1


REGULAR MEETING


Called To Order The meeting was called to order by Council President Terry Bornemann who led the Pledge of Allegiance.

Roll Call
Present:
    Jack Weiss, Council Member, First Ward
    Terry Bornemann, Council Member, Fifth Ward
    Michael Lilliquist, Council Member, Sixth Ward
    Seth Fleetwood, Council Member, At Large
    Cathy Lehman, Council Member, Third Ward

Excused:
    Gene Knutson
    Council Member
    Second Ward
    Stan Snapp
    Council Member
    Fourth Ward

ANNOUNCEMENT(S)
    On Monday, May 21, at 7:00 PM, in City Council Chambers, there will be a public hearing regarding the Draft 2013-2018 Transportation Improvement Program (6-year TIP).
    On Saturday, May 19, 9:00 AM to 3:00 PM, at Lairmont Manor, 405 Fieldston Rd., the City Council will hold a retreat to discuss City Departments' and City Council work plan priorities in preparation for 2013 budgeting.
    On Monday, June 4, at 7:00 PM, in City Council Chambers, there will be a public hearing regarding a Fairhaven Neighborhood Plan Amendment and Urban Village Plan.

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


APPROVAL OF MINUTES

FLEETWOOD / WEISS moved to approve reconsideration of corrected April 23, 2012 city council minutes. MOTION CARRIED 5-0.


15 - MINUTE PUBLIC COMMENT PERIOD

John Munson [AB 19560] took exception to the presentation by Communitywise Bellingham on May 7, 2012 regarding present and future rail needs. He said more than adequate passing tracks are already in place to meet the needs of any proposed terminal and that Bow, Burlington, Mt. Vernon, Ferndale, Stanwood and Custer, all have passing tracks. He added that Communitywise is not giving the community the whole story and that a railroad spokesman said they were not consulted by the consultant regarding a need for freight travel through the area. He asked council members to maintain a skeptical mind when dealing with this project and allow the process to continue.

Bob Landon [AB 19560] feels there is a mass of misinformation and encouraged people to get the facts. He said that it [Gateway Pacific Terminal] would be a commodities depot, not just a coal depot. He explained that grain would also be shipped. At a meeting on May 19, 2011 of the U.S. Grain Growers and Shippers in Ferndale, they agreed that a terminal would be needed because of bottlenecks at the ports on the west coast.

Greg Winter, Chair, Whatcom Coalition to End Homelessness asked for support of a proposition called the Bellingham Home Fund [low income housing levy], which he hopes will be on the General Election ballot in November. It would assess, in the City of Bellingham, a temporary seven year property tax levy that would generate $21 million and would leverage an additional $70 million or more, to be invested in the city’s subsidized housing infrastructure. The cost to the owner of an average priced home would be approximately $7.00 per month. The primary purpose of the Home Fund is to increase local investment in housing for vulnerable citizens who are homeless and disabled or are at risk of homelessness as a result of steep increases in rental housing prices.

The following people also spoke in support of adding a Home Fund Levy measure to the General Election ballot:

Kirsten Hammer
Kay Sardo
Elizabeth Jennings
Kelly Bashaw
Marcus Cowles
Janet Marino
David Finet
Mary Jo Durborow
Duane Jager
Jeff Graham
Tommy Evans
Steve Powers
Chris Phillips
Jennifer Moon
Dean Wight
Joel Langholz
Chris Johnson
Jim Cozad
Vince Biciunas
Terry Belcoe
Gene Marx
Rosalinda G.
Israel Hildalgo
E. Nunez
Rebecca Johnson
Charles Law

The following citizens also spoke during public comment.

Vince Biciunas encouraged Mayor Linville and the City Council to send a message to Mr. Schroeder of the Whatcom County Planning Department to ask for more information on the railroad issue before completion of the application and the beginning of the Environmental Impact Statement process for the Gateway Pacific Terminal. The needs and the intentions of the railroad are not known and until that is known from BNSF, their application should be considered incomplete.

Kris Ungern discussed the boat inspection program that would address the introduction of invasive species Lake Whatcom. He said most of the education materials show a worst case scenario and the county web site has very little documentation as to the extent of the program – these do not serve the public well. He feels that most boat owners would go along with having an inspection or permit program for Lake Whatcom. Unfortunately there’s no real budget for the program and detailed statistics on boat use at Bloedel Donovan are not available. This is another example of getting the cart before the horse especially if it leads to unwelcome preemptive action, such as closing the Bloedel Donovan boat launch.

Brooks Anderson appreciates the opportunity to participate in the public processes. She would hope that all community members become involved and do what they can to keep the community sustainable. She feels the coal issue needs leadership and encouraged the council to provide that leadership power.


PUBLIC HEARING(S)

AB19574 1. Consideration of adding a chapter on the Environment to the Bellingham Comprehensive Plan

Jeff Thomas, Director, Planning & Community Development introduced the proposal and briefly reviewed the process to date. He added that consideration of an Economic Development Chapter will be introduced in 2013.

The Planning and Development Commission has reviewed the Environment Chapter and recommends approval.

Kim Weil, Environmental Planner summarized elements of this chapter, which include:
    helps meet growth management goals to protect the environment and quality of life;
    incorporates Shoreline Master Program goals and policies;
    ensures community goals and values;
    helps meet Legacies and Strategic Commitments: healthy environment, clean safe drinking water and mobility and connectivity options;
    consolidates existing goals and policies from four different city adopted sources: the existing Comprehensive Plan, Climate Protection and Action Plan; Public Works policies and the Shoreline Master Program;
    includes useful background on the eight environmental subject areas that comprise the chapter; and
    provides eight new goals and ten new policies, which do not trigger new regulations and there is no budget burden.

Council President Bornemann opened the public hearing.

Darcy Jones, Jones Engineers inquired as to how these policies would be implemented between now and 2016.

Barbara Davenport asked if this document would be boiler plate for 2016. She hopes this is not cast in concrete and that staff will consider comments from citizens and see if it can be better.

Dominique Zervas feels that this could raise issues and could inform discretionary permits before it is fully implemented and wondered what that impact could be.

There being no further comments, the public hearing was closed

Kim Weil replied to Ms. Zervas that the nature of these is that they are guiding principles – they are not codes and regulations. The full review will happen during the Comprehensive Plan update.

Staff and council members discussed and clarified portions of the proposed element.

FLEETWOOD / WEISS moved to direct staff to bring forward an ordinance adding a chapter on the Environment to the Bellingham Comprehensive Plan. MOTION CARRIED 5-0.


REPORTS OF COMMITTEES

Planning & Community Development
Jack Weiss, Chair
Michael Lilliquist; Cathy Lehman; Seth Fleetwood

AB19563 1. Consideration of a site specific Comprehensive Plan and Neighborhood Plan amendment and rezone within the Happy Valley and Fairhaven Neighborhoods. (Haggen Rezone)

A RESOLUTION ADOPTING THE BELLINGHAM PLANNING AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION OF DENIAL FOR A SITE SPECIFIC COMPREHENSIVE PLAN AND NEIGHBORHOOD PLAN AMENDMENT AND REZONE WITHIN THE HAPPY VALLEY AND FAIRHAVEN NEIGHBORHOODS.”

WEISS / LEHMAN moved final approval of Resolution #2012-12. MOTION CARRIED 5-0.

WEISS / LEHMAN moved to close the public hearing and written public comment. MOTION CARRIED 5-0.


Lake Whatcom Reservoir & Natural Resources
Seth Fleetwood, Chair
Michael Lilliquist; Cathy Lehman; Stan Snapp

AB19575 1. Closure of Bloedel Donovan Park to the launching of motorized and non-motorized watercraft

Council Member Fleetwood reported on the discussion during committee.

Ted Carlson, Public Works Direction said an update and additional information would be provided at the June 4, 2012 meeting.

No action taken. Information only.


Transportation
Cathy Lehman, Chair
Jack Weiss; Gene Knutson

AB19560 1. Worksession regarding report by Communitywise Bellingham

Council Member Lehman reported on the worksession. Another worksession will be scheduled for June 18, 2012.

Information only.


Committee Of The Whole
Terry Bornemann, Chair
Jack Weiss, Gene Knutson, Cathy Lehman, Stan Snapp, Michael Lilliquist, Seth Fleetwood
          1. Old/New business

LILLIQUIST / WEISS moved to endorse the Council President’s signature on the Mayor’s letter to Tyler Schroeder, SEPA Official regarding: Notice of Application for permit #’s MDP2011-00001 / SHR2011-00009 / VAR2011-00002; applicant Gateway Pacific Terminal. MOTION CARRIED 5-0.


Executive Session – report and action only.

1. Litigation: AT&T Mobility Tax Refund Claim: Staff provided an update on a litigation matter including a pending lawsuit in King County Superior Court in which several cities are named as defendants.
    WEISS / LILLIQUIST moved to authorize the City Attorney’s Office to engage the Kenyon Disend law firm to represent the City of Bellingham in the King County Superior Court on this refund claim under an agreement in which a portion of litigation costs and fees will be prorated among other city/defendants. MOTION CARRIED 5-0.


    MAYOR'S REPORT

            1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.

    No items presented.


    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. A member of the Council may ask that an item be removed from the Consent Agenda and considered separately.

    AB19576 1. An Ordinance of the City of Bellingham to accept donations for purposes of recognition of board and commission volunteers

    “AN ORDINANCE OF THE CITY OF BELLINGHAM TO ACCEPT DONATIONS FOR PURPOSES OF RECOGNIZING BOARD AND COMMISSION VOLUNTEERS.”

    AB19577 2. Authorization of checks issued for pay period April 27, 2012 through May 3, 2012

    AB19578 3. Authorization of checks issued for payroll April 26, 2012 through May 1, 2012

    FLEETWOOD / WEISS moved approval of the Consent Agenda in its entirety. MOTION CARRIED 5-0.


    FINAL CONSIDERATION OF ORDINANCES

    AB19565 1. AN ORDINANCE AMENDING THE 2012 BUDGET RECOGNIZING AWARD OF A $2,500,000.00 GRANT FROM THE WASHINGTON STATE DEPARTMENT OF ECOLOGY TO PROVIDE CERTAIN REMEDIAL ACTIONS AT THE R.G. HALEY SITE FOR SAFETY, AND APPROPRIATING RELATED EXPENDITURES IN THE ENVIRONMENTAL REMEDIATION FUND

    WEISS / FLEETWOOD 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, LEHMAN, LILLIQUIST, WEISS
    NAYS:
    ABSTENTIONS:
    EXCUSED: KNUTSON, SNAPP

    MOTION CARRIED 5-0 and was thereafter named Ordinance #2012-05-029


    AB19566 2. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 6.17 RELATING TO CABLE TELEVISION

    WEISS / LEHMAN 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, LEHMAN, LILLIQUIST, WEISS
    NAYS:
    ABSTENTIONS:
    EXCUSED: KNUTSON, SNAPP

    MOTION CARRIED 5-0 and was thereafter named Ordinance #2012-05-030




    ADJOURNMENT
    There being no further business, the meeting adjourned at 9:13 p.m.


    Terry Bornemann, Council President

    ATTEST: Linda D. Anderson City Clerk Representative
    APPROVED: 05/21/2012



    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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