RECORD OF PROCEEDING OF CITY COUNCIL
CITY OF BELLINGHAM, WASHINGTON
COUNCIL CHAMBERS, CITY HALL
Monday, June 18, 2012, 07:00 PM
Book: 66, Page: 1
Called To Order The meeting was called to order by Council President Terry Bornemann who led the Pledge of Allegiance.
Jack Weiss, Council Member, First Ward
Gene Knutson, Council Member, Second Ward
Cathy Lehman, 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, June 18th, 11:00 AM to 12:00 PM, in City Council Chambers, there will be a worksession of the Council's Planning & Community Development Committee regarding the Fairhaven Neighborhood Plan Amendment and Urban Village Plan.
· On Monday, July 2nd, 7:00 PM, in City Council Chambers, there will be a public hearing regarding a Comprehensive Plan Amendment and Rezone request by Alliance Properties of property generally located in Areas 5 and 13 of the King Mountain Neighborhood, at the northern terminus of James Street, north of East Bakerview Road. The applicant requests to change the zoning and land use designations from Multi-family Residential, 4,300 square foot density to Urban Village, King Mountain.
Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
APPROVAL OF MINUTES
SNAPP / KNUTSON moved approval of the June 4, 2012 minutes of the regular City Council meeting as presented. MOTION CARRIED 6-0-1, LILLIQUIST delayed arrival.
Council Member Lilliquist arrived in Chambers.
AB19597 1. Singing presentation by Northern Heights Elementary Students
AB19598 1. Recognition of 2012 Essence of Bellingham Photo Competition winners
Best of Class: K - 4th Grade: “Up To The Sky” by Marley McMahon.
Best of Class: 5th – 8th Grade: “Rapids” by Autumn Veatch.
Best of Class: High School: “Mystic Currents” by Athena Aspnes.
Best of Show: 3rd Place: “Walking Off Into The Sunset” by Philip Humphries.
Best of Show: 2nd Place: “Got To Get To Class” by Tomas Calderon.
Best of Show: 1st Place: “After Hours” Jeff Aspnes.
15 - MINUTE PUBLIC COMMENT PERIOD
Leonard Lindstrom discussed social issues.
Johnny Grames discussed the submission of the No Coal petitions and Lake Whatcom Reservoir.
Bill Geyer Padden Trails LLC [AB 19483] thanked council for their work on this issue and encourage the council to move forward on the proposal.
Yoshé Revelle thanked council for the many trails for walking and biking in the city.
Christopher Grannis asked that the council vote no to increased density at Padden Trails [AB 19483].
Matt Christman encouraged approval of daylighting of Padden Creek [AB 19600 and AB 19601] and completion of the over-water walkway.
Jim Spaich addressed the Padden Trails rezone [AB 19483] and said it would be really helpful for the developers to reveal [density] numbers for the citizens. He would like to see the numbers; where they're coming from and why.
Gary Kooy spoke in favor of daylighting Padden Creek [AB 19600 and AB 19601] and has concerns about Padden Creek Gorge. He hopes that as development [AB 19483] goes forward the city will take a good look at protecting the gorge.
PRESENTATION(S) - Continued
AB 19598 moved to presentations preceding public comment.
AB19599 2. Existing Bellingham Municipal Code Ban of Fireworks
James Erb, Assistant City Attorney, Fire Chief Bill Boyd, Fire Marshal Jason Napier and Deputy Police Chief Flo Simon reviewed the city’s current law as described in BMC 10.24.130(F) as well as the inspection, education and enforcement practices, which are partnered by the city’s Fire and Police Departments. Information only.
REPORTS OF COMMITTEES
Public Works / Public Safety
Stan Snapp, Chair
Seth Fleetwood; Gene Knutson
AB19600 1. Approval for Mayor to enter into Department of Ecology Loan for Padden Creek Daylighting in the amount of $1,426,000
“A RESOLUTION AUTHORIZING LOAN AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY FOR THE PADDEN CREEK DAYLIGHTING PROJECT.”
SNAPP / KNUTSON moved final approval of Resolution #2012-15. MOTION CARRIED 7-0.
AB19601 2. Approval for Mayor to enter into a Department of Ecology Grant for Padden Creek Daylighting in the amount of $500,000.00
SNAPP / KNUTSON moved to authorize the Mayor to enter into Department of Ecology Grant for Padden Creek Daylighting. MOTION CARRIED 7-0.
Cathy Lehman, Chair
Jack Weiss; Gene Knutson
AB19579 1. 2013-2018 Transportation Improvement Program (6-year TIP)
WEISS / KNUTSON moved to amend the TIP to remove projects #12c and #12e. MOTION CARRIED 7-0
LILLIQUIST / KNUTSON moved to strike “Infrastructure Phasing Table & Draft Waterfront Subarea Plan Agreed to by City-Port as of May 3, 2012”, Note “3)” of the Project Summary. MOTION CARRIED 7-0.
WEISS / KNUTSON moved to replace all visual exhibits associated with the waterfront with the approved map showing the Core Street Grid adopted by the Council and Commissioners on April 20, 2009. MOTION CARRIED 5-2, LEHMAN, BORNEMANN opposed.
WEISS / LILLIQUIST moved to remove the narrative reference in Project #12a of “ the signal at Central/Roeder Avenue”. MOTION CARRIED 4-3, LEHMAN, BORNEMANN, FLEETWOOD opposed.
KNUTSON / LILLIQUIST moved final approval of Resolution #2012-16 as amended.
WEISS moved to remove Project #14, Orchard Street Arterial and to reconsider the projects reinstatement once a feasibility study, previously requested by council, is completed and presented. There was no second and the motion died.
WEISS / LILLIQUIST moved to remove from Project 10: West Horton Road, the narrative reference “Annexation of 125 acres, 344 residential units, new Cordata Elementary School” as requirements for extending the West Horton Road Project 10. MOTION CARRIED 4-3, KNUTSON, LEHMAN BORNEMANN opposed.
MAIN MOTION CARRIED AS AMENDED 6-1, SNAPP opposed.
Lake Whatcom Reservoir & Natural Resources
Seth Fleetwood, Chair
Michael Lilliquist; Cathy Lehman; Stan Snapp
AB19602 1. An Ordinance to prevent the release and spread of nonindigenous aquatic invasive species infestations
“AN ORDINANCE OF THE CITY OF BELLINGHAM TO PREVENT THE RELEASE AND SPREAD OF NONINDIGENOUS AQUATIC INVASIVE SPECIES INFESTATIONS IN THE WATER OF THE CITY OF BELLINGHAM; ADDING A NEW BMC SECTION 12.12.280, WHICH SETS FORTH PROHIBITIONS AND PENALTIES; AND AMENDING BMC 12.12.290.”
FLEETWOOD / KNUTSON moved approval for first and second reading as amended during committee. MOTION CARRIED 7-0.
Planning & Community Development
Jack Weiss, Chair
Michael Lilliquist; Cathy Lehman; Seth Fleetwood
AB19483 1. A Comprehensive Plan Amendment and Rezone for approximately 113 acres in Areas 5 and 6, Samish Neighborhood. Applicant: Free Spirit Enterprises, LLC. Owner: Padden Trails, LLC
No recommendation from Committee.
WEISS / BORNEMANN moved to alter [Planning Commission recommendation 1:14,000 sq. ft.]to 1:20,000 square feet with the use of the infill toolkit. MOTION FAILED 2-5, KNUTSON, LILLIQUIST, LEHMAN, FLEETWOOD, SNAPP opposed.
WEISS / BORNEMANN moved to direct staff to prepare a resolution to deny the proposal. MOTION FAILED 3-4, KNUTSON, LILLIQUIST, LEHMAN, FLEETWOOD opposed.
LILLIQUIST / KNUTSON moved to approve the ordinance as written but with a density of 1:15,000 square feet (approximately 328 units). LILLIQUIST withdrew his motion.
LILLIQUIST / FLEETWOOD moved to approve the ordinance as written with 1:14,000 square feet overall density. There was no action on this motion
WEISS moved to amend the motion to include 15% affordable housing on the increase from 224 to 351 units (approximately 19 units). There was no second and the motion to amend died.
FLEETWOOD / KNUTSON moved to direct staff to bring back the ordinance on August 6 for consideration with the other Comprehensive Plan annual amendments. MOTION FAILED 3-4, WEISS, SNAPP, BORNEMANN, LILLIQUIST opposed.
LEHMAN / FLEETWOOD moved to direct staff to bring forward an ordinance with a density of 1:14,000 square feet overall density with an affordable housing element. MOTION FAILED 3-4, LILLIQUIST, BORNEMANN, SNAPP, WEISS opposed.
LEHMAN / WEISS moved to direct staff to prepare a resolution to deny the proposal. LEHMAN withdrew the motion.
LILLIQUIST / KNUTSON moved to direct staff to amend the current draft to reflect an overall density of 1:15,000 square feet. MOTION FAILED 3-4, LEHMAN, BORNEMANN, SNAPP, WEISS opposed.
LEHMAN / WEISS moved to direct staff to prepare a resolution with the appropriate findings to deny the proposal. MOTION CARRIED 6-1, KNUTSON opposed.
AB19590 2. Consideration of the Fairhaven Neighborhood and Urban Village Plan, development regulations and design standards
The Planning & Community Development Committee reconvened.
WEISS / SNAPP moved to close the written record. MOTION CARRIED 7-0.
FLEETWOOD moved to direct staff to incorporate committee recommendations to the Fairhaven Neighborhood and Urban Village Plan and the Development Regulations. There was no second and the motion died.
LILLIQUIST moved to direct staff to incorporate the Planning Commission recommendations on Floor to Floor heights. There was no second and the motion died.
LEHMAN / WEISS moved to incorporate staff recommendation on Floor to Floor heights and to recommend approval. COMMITTEE VOTED 3-1, LILLIQUIST OPPOSED.
Jeff Thomas, Director of Planning & Community Development presented the Comprehensive Plan Amendment Decision Criteria and the Rezone Decision Criteria. The Committee agreed to move forward with all criteria.
It was the consensus of the council to direct staff to bring the proposal back for council consideration on July 2, 2012.
Committee Of The Whole
Terry Bornemann, Chair
Jack Weiss, Gene Knutson, Cathy Lehman, Stan Snapp, Michael Lilliquist, Seth Fleetwood
Council Member Weiss will be bringing a proposal in the near future asking to close the Bloedel Donovan boat launch to nonresident motorized boats before the end of the year and to further restrict the boat launch to resident motorized boats to no more than 20 hours per month on that same date; to write management language to deal with kayaks and canoes as non-motorized watercraft, provide penalties and to communicate with private and public boat launch owners throughout the lake about what the City of Bellingham will be proposing.
Executive Session: Report and action only.
1. Litigation: Jewels v. City of Bellingham: Staff provided information on a litigation matter. Information only. No action taken.
LEHMAN / LILLIQUIST moved to authorize the City Attorney to seek a court order determining whether Initiative 2012-2 exceeds the scope of the initiative power as defined in the City’s Charter and state law generally. MOTION CARRIED 6-0-1, KNUTSON abstained.
2. Litigation: City of Bellingham, et al v. Department of Ecology, et al re: Squalicum Ridge Road Appeal: Staff provided information on a litigation matter. Direction given. No action taken.
3. Potential Litigation: Staff provided information on a potential litigation matter. Direction given. No action taken.
4. Potential Litigation: Claim No. 2012-09: Staff provided a briefing on an appeal under BMC 4.16.020, which authorizes claimants to appeal a denial of a claim for damages. Information provided. No action taken.
5. Potential Litigation: Staff provided information on a potential litigation matter.
6. Potential Litigation: Staff provided information on a potential litigation matter. Direction given. No action taken.
AB19603 2. Mayor's appointment of Marilyn Marynick and David Roberts to the Lake Whatcom Watershed Advisory Board for council approval.
LILLIQUIST / KNUTSON moved to authorize the Mayor’s appointment of Marilyn Marynick and David Roberts to the Lake Whatcom Watershed Advisory Board, terms ending June 18, 2015. MOTION CARRIED 7-0.
AB19604 3. Mayor's reappointment of Mark Buehrer and Christina Maginnis to the Lake Whatcom Watershed Advisory Board for council approval.
SNAPP / LEHMAN moved to authorize the Mayor’s reappointment of Mark Buehrer, term ending June 1, 2015 and Christina Maginnis, term ending June 1, 2015 to the Lake Whatcom Watershed Advisory Board. MOTION CARRIED 7-0.
AB19605 4. Mayor's appointment of Peter Border and reappointment of Chris Foss to the Whatcom Museum Foundation Board for council approval.
LEHMAN / KNUTSON moved to authorize the Mayor’s appointment of Peter Border, term ending June 18, 2015 and Chris Foss, term ending March 1, 2015 to the Museum Foundation Board. MOTION CARRIED 7-0.
AB19606 5. Mayor's reappointment of Jean Hamilton as the Sehome Neighborhood Representative to the Mayor's Neighborhood Advisory Commission for council information.
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.
AB19607 1. Authorization of checks issued for pay period May 18, 2012 through May 24, 2012
AB19608 2. Authorization of checks issued for pay period May 25, 2012 through May 31, 2012
AB19609 3. Authorization of checks issued for pay period June 1, 2012 through June 7, 2012
AB19610 4. Authorization of checks issued for payroll May 26, 2012 through June 8, 2012
SNAPP / KNUTSON moved to approve the Consent Agenda in its entirety. MOTION CARRIED 7-0.
FINAL CONSIDERATION OF ORDINANCES
AB19583 1. AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LOW-INCOME HOUSING; REQUESTING THAT A SPECIAL ELECTION BE HELD CONCURRENT WITH THE NOVEMBER 6, 2012 GENERAL ELECTION FOR SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A PROPOSITION TO LIFT THE LIMIT ON REGULAR PROPERTY TAXES UNDER CHAPTER 84.55 RCW FOR LOW-INCOME HOUSING; DECLARING THE EXISTENCE OF AN EMERGENCY UNDER CHAPTER 84.52.105 AND REQUESTING VOTER APPROVAL OF AN ADDITIONAL PROPERTY TAX FOR VERY LOW-INCOME HOUSING; PROVIDING FOR THE EXPIRATION OF THE ADDITIONAL LEVIES AT THE END OF SEVEN YEARS; SETTING FORTH THE BALLOT PROPOSITION; DESIGNATING A CITIZEN LEVY ADVISORY COMMITTEE; AND PROVIDING FOR IMPLEMENTATION OF PROGRAMS WITH FUNDS DERIVED FROM THE TAXES AUTHORIZED.
SNAPP / KNUTSON 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, KNUTSON, LEHMAN, LILLIQUIST, SNAPP, WEISS
MOTION CARRIED 7-0 and was thereafter named Ordinance #2012-06-033
There being no further business, the meeting adjourned at 9:55 P.M.
Terry Bornemann, 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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