Skip to page contents
Contact Us Site Map
You are here: Home) Government) Council) Meeting Materials) April 26, 2010


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, April 26, 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 Christopher Grannis.

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)
    ˇ On Wednesday, April 28, @ 12:00 p.m. at the Worker Memorial Monument on the Bellingham Library Lawn, there will be a Remembrance Ceremony in observance of Worker Memorial Day.
    ˇ On Wednesday, April 28th @ 6:30 p.m. in the RE Sources meeting rooms, above the RE Store at 2309 Meridian, there will be a presentation of survey data showing changes in Bellingham residents’ travel habits from 2004 to 2009. Following the presentation there will be a small groups brainstorming session for ideas about what could be done to help residents overcome obstacles to making more Smart Trips. Council Members have been invited to participate and we encourage members of the public to attend.
    ˇ On Monday, May 3 @ 6:30 p.m. in City Council Chambers, the Bellingham City Council’s Lake Whatcom Reservoir & Natural Resources Committee and the Whatcom County Council’s Natural Resources Committee will host a public meeting regarding the Lake Whatcom Management Program, 2010-2014 Work Plan. There is a 30 day comment period underway, and this meeting is designed to provide the public an opportunity to ask questions of, and provide feedback to, City and County officials and staff about the draft plan. The draft plan and commenting instructions are available on the County and City websites.

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


APPROVAL OF MINUTES

BUCHANAN / SNAPP moved approval of the April 12, 2010 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.


15 - MINUTE PUBLIC COMMENT PERIOD

David Camp, Grant Street, [AB18840 Noise Variance] feels that Washington State Department of Transportation (WSDOT) should put in sound and safety barriers in conjunction with the Lakeway on-ramp work on Interstate 5.

Johnny Grames took issue with the security measures and access in City Hall.

Dylan Thomson, Ivy Street [AB 18814 Trans Mountain Pipeline Franchise negotiations] asked for a delay in signing the agreement so the issues could be fully understood and discussed.

Steve Trinkaus [AB 18814 Trans Mountain Pipeline Franchise negotiations] expressed concern about the Canadian [Athabasca]tar sands and asked that the city delay the franchise agreement for one month so the citizens of Bellingham can have a dialogue in this matter.

Aaron Sanger [AB 18814 Trans Mountain Pipeline Franchise negotiations] expressed concern about the Canadian tar sands and believes it is possible to work together with the community to make sure the connections we have with the pipeline reflect the community's values. He asked for more time to manage those connections in a way the city can be proud of and the citizens can support.

Iain Davidson said the Whatcom Falls Neighborhood Association is trying to re-form and announced that there would be a neighborhood meeting on April 27th at Moles Funeral Home.

Anne Mackie President, York Neighborhood Association; [AB 18840 Noise Variance] submitted a petition with 168 signatures requesting that the construction project not proceed and asked that council delay a decision on the noise variance until WSDOT fully researches the feasibility and priority of inclusion of a full sized safety and sound wall as part of the project. She asked how the neighborhoods can get their issues to the forefront with the DOT and how neighborhoods can receive adequate attention and support from the city about the impact of the interstate on the neighborhoods.

Lisa Anderson, York Neighborhood [AB 18840 Noise Variance] asked that the permit be put on hold temporarily so that WSDOT can consider the list of alternatives the neighborhood has submitted and that the same safety considerations be given to the York Neighborhood that have been given to other areas along Interstate 5 [Marysville].

Leonard Lindstrom discussed social issues.

Bruce Deile spoke in opposition to legalizing marijuana.


PRESENTATION(S)

AB18832 1. COUNCIL PRESENTATION ON THE PICKFORD FILM CENTER’S DREAM SPACE DOWNTOWN THEATER PROJECT

Alice Clark, Executive Director of the Pickford Film Center shared the history of the Pickford Film Center and described the new film center being built on Bay Street. The new film center will increase seating capacity from 88 to 250, have two screens, a larger variety of films, and a larger area where they can maximize their concessions. The new facility will be LEED Certified. Information only.


AB18833 2. PRESENTATION TO COUNCIL BY WERNER BRÖG OF SOCIALDATA’S 2009 MODE SHIFT FOLLOW-UP SURVEY RESULTS

Susan Horst of the Smart Trips program explained that they have partnered with Socialdata, a company that does mobility research around the world.

Werner Brög, Managing Director of Socialdata presented detailed data and analysis with regard to surveys done in 2004, 2007 and 2009 of mode use within the city. Information only.


PUBLIC HEARING(S)

AB18834 CB 13612
1. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO TITLE 21 OF THE BELLINGHAM MUNICIPAL CODE TO ALLOW FOR THE EXTENSION OF CERTAIN LAND USE APPROVALS

AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE SECTION 21.10.260 - VESTING - TO ALLOW FOR A ONE-TIME ECONOMIC HARDSHIP EXTENSION OF ISSUED LAND USE APPROVALS.”

Kurt Nabbefeld, Senior Planner reviewed the proposal and process to date. The amendment would allow for a one-time, two year economic hardship extension on certain issued land use approvals. This is not for projects that are in application phase or for building permits; it is only for issued land use approvals. The nation is experiencing a significant economic downturn and market conditions have made it extremely difficult for projects to obtain financing to complete and start approved projects. This would allow additional time for approved projects to weather the downturn and get people back to work in a more timely manner. The State and other jurisdictions have already approved similar actions and the Planning Commission has recommended approval.

Council President Knutson opened the public hearing.

Christopher Grannis, 701 Chuckanut Drive asked that land use approvals for applications that have critical area issues not be extended and those applications with critical area issues be allowed to expire so that development will conform to the most recent environmental protections.

Bob Libolt, 125 Rosemary Way, Lynden, WA spoke in support of the proposed ordinance.

Ken Hertz, 801 10th Street spoke in support of the proposed ordinance.

David Nelson, 1200 Chuckanut Crest Lane spoke in support of the proposed ordinance.

Lance Clark Building Industry Association of Whatcom County, spoke in support of the proposed ordinance.

Larry Kimmett Fairhaven Neighbors, recommended that council approve projects that don't have critical areas or shoreline permits and defer judgment on the others until more detailed and specific information is provided.

Peter Frye, 2402 30th Street cautioned the city council with regard to two areas of the proposed ordinance:
    ˇ it is his understanding that getting approved for this process simply requires a notarized letter saying that [the developer] has been unable to get financing for a project Mr. Frye feels there should be more vesting than this in order to ensure that the city is giving the extension to projects that really could not have been financed under the previous economic conditions; and
    ˇ to not allow extensions for projects that were permitted under the previous Critical Areas Ordinance (CAO); proposed extensions should only be given to projects that were either permitted under the current CAO or could be modified to meet the conditions of the current CAO.

Doug Campbell, Associated Project Consultants, Inc., 1401 Astor Street, spoke in support of the proposed ordinance.

Tim Potts, 807 10th Street spoke in support of the proposed ordinance.

Butch Kuamme, 3783 Hatley Road, Everson, WA spoke in support of the proposed ordinance.

Ron Jepson, 222 Grand Avenue spoke in support of the proposed ordinance.

There being no further comments, the public hearing was closed.

LILLIQUIST / SNAPP moved to strike “adverse market conditions” from 21.10.260 D.1.b. of the proposed ordinance. MOTION FAILED 2-5, BUCHANAN, BORNEMANN, KNUTSON, FLEETWOOD, WEISS opposed.

BORNEMANN / BUCHANAN moved approval for first and second reading. MOTION CARRIED 6-1, LILLIQUIST opposed.


REPORTS OF COMMITTEES

COUNCIL STANDING COMMITTEE MEETINGS:

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

AB18835 1. SURPLUS RESCUE VEHICLE #471

SNAPP / BUCHANAN moved to approve the surplus of a 1999 International 4900 Fire Rescue Vehicle. MOTION CARRIED 7-0.


AB18836 CB 13613
2. REDUCING A PROGRAM SPECIALIST POSITION AS WELL AS AN ACCOUNTING TECHNICIAN POSITION FROM 1.0 FTE TO .05 FTE AND CREATING A NEW 1.0 FTE ACCOUNTING TECHNICIAN POSITION IN THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT

AN ORDINANCE RELATING TO THE 2010 BUDGET REVISING STAFFING IN THE PLANNING DEPARTMENT AND REALLOCATING EXPENDITURES IN THE COMMUNITY DEVELOPMENT BLOCK GRANT, TOURISM AND HOME GRANT FUNDS; AND REDUCING EXPENDITURES IN THE GENERAL FUND, PLACING THE RESULTING $4,284.00 GENERAL FUND SURPLUS INTO ESTIMATED ENDING UNDESIGNATED RESERVES.”

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


AB18837 3. AMENDMENT TO INTERLOCAL AGREEMENT FOR ADMINISTERING SURCHARGE FUNDS GENERATED AS A RESULT OF SUBSTITUTE HOUSE BILL 2060 AND RCW 36.22.178

SNAPP / LILLIQUIST moved to authorize the Mayor to enter into the Interlocal Agreement with Whatcom County and The Cities of Whatcom County. MOTION CARRIED 7-0.


AB18838 4. REVIEW OF 1ST QUARTER 2010 FINANCIAL REPORT

Council Member Snapp reported cautions as expressed in the Finance Director’s report: trend shows continued revenue declines, permit activity is still flat and the total jobs in Whatcom County continue to shrink. Information only.


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

AB18839 1. BID AWARD FOR 2010 ANNUAL OVERLAY PROGRAM, PROJECT NO. ES-433, BID NO. 16B-2010

BUCHANAN / SNAPP moved to award Bid No. 16B-2010 for 2010 Annual Overlay Program to Granite 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 $1,420,797.40. MOTION CARRIED 7-0.


AB18840 2. NOISE VARIANCE REQUEST FOR WASHINGTON STATE DEPARTMENT OF TRANSPORTATION OF INTERSTATE 5 ON/OFF RAMP RECONSTRUCTION WORK

SNAPP / LILLIQUIST moved approval of a noise variance request to BMC 10.24.120(4) to allow Interstate 5 On/Off Ramp Reconstruction Work occurring between mile post 251.55 and 254.83; June through August, 2010. MOTION CARRIED 6-1, BORNEMANN.

It was recognized that this is a project of the Washington State Department of Transportation and is not under the jurisdiction of the city. Only the noise variance can be considered by the city. Council members agreed that it would be in the best interest of the city to have a unified message from the neighborhoods sent to our legislators with regard to sound and safety concerns in relation to interstate reconstruction work.


AB18814 3. TRANS MOUNTAIN PIPELINE (PUGET SOUND) LLC FRANCHISE NEGOTIATIONS UPDATE

BUCHANAN / WEISS moved to direct staff to look into and negotiate language for requirements for bonding for any potential abandonment of the pipeline and regular reporting requirement to the city. MOTION CARRIED 7-0.


PARKS AND RECREATION
MEMBERS: CHAIR, SETH FLEETWOOD; TERRY BORNEMANN; STAN SNAPP

AB18841 1. GREENWAY ADVISORY COMMITTEE REPORT TO COUNCIL

Information only.


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

AB18842 1. PRESENTATION AND DISCUSSION OF OPTIONS FOR INCENTIVE ZONING FOR AFFORDABLE HOUSING IN RESIDENTIAL DEVELOPMENTS IN THE CITY OF BELLINGHAM

The committee scheduled a worksession on May 10, 2010 at 10:00 a.m.


COMMITTEE OF THE WHOLE
CHAIR, GENE KNUTSON
          1. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES

None submitted at evening meeting.
            2 OLD/NEW BUSINESS

    Council members serenaded Council Member Weiss with the Happy Birthday song.


    EXECUTIVE SESSION - Report only.
      1. POTENTIAL PROPERTY ACQUISITION: Staff provided information on the potential acquisition of a 10.25 acre parcel located adjacent to the north of the Stimpson Reserve, for the watershed property acquisition program. The property is just off Lake Whatcom Boulevard, adjacent to the west of property previously purchased by the City’s watershed acquisition program. The seller is Ed Lane Brinson, Jr.

    WEISS / BORNEMANN moved to authorize the purchase of said property at a purchase price of $400,000. MOTION CARRIED 7-0.
      2. LITIGATION: Hofstetter v. City of Bellingham: An update was provided to Council on a pending litigation matter. Information only. No action taken.
      3. POTENTIAL LITIGATION: Staff provided an update on a potential litigation matter. Information only. No action taken.
      4. POTENTIAL LITIGATION: Staff provided an update on a potential litigation matter. Direction provided to staff. No action taken.
      5. POTENTIAL LITIGATION: Staff provided an update on a potential litigation matter. Direction provided to staff. No action taken.
      6. POTENTIAL LITIGATION: Staff advised of a potential litigation matter. Direction provided to staff. No action taken.

    MAYOR'S REPORT

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

    AB18843 2. MAYOR’S APPOINTMENT OF DANIEL HAMMILL AND JUAN BALDOVINOS TO THE COMMUNITY DEVELOPMENT ADVISORY BOARD

    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.

    AB18844 CB 13614
    1. AN ORDINANCE RELATING TO THE 2010 BUDGET AUTHORIZING THE EXPENDITURE OF $5,000.00 IN GRANT FUNDS.

    AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A WASHINGTON FINANCE OFFICERS ASSOCIATION GRANT AND APPROPRIATING AN ADDITIONAL $5,000.00 OF EXPENDITURES IN THE GENERAL FUND.”

    AB18845 2. BID AWARD FOR BRASS SERVICE AND THREADED FITTINGS, SOLICITATION NO. 18B-2010

    AB18846 3. WATER TREATMENT CHEMICAL BID FOR ALUMINUM SULFATE, SOLICITATION NO. 17B-2010

    AB18847 4. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM MARCH 16, 2010 TO MARCH 31, 2010.

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


    FINAL CONSIDERATION OF ORDINANCES

    AB18587 1. CB 13554
    AN ORDINANCE RELATED TO LAND USE REGULATIONS, PROVIDING EXCEPTIONS TO THE SIZE LIMIT FOR RETAIL ESTABLISHMENTS WITHIN LIMITED AREAS OF THE CITY BY AMENDING BELLINGHAM MUNICIPAL CODE 20.00.080; 20.00.110; 20.10.025; 20.38.050.C. AND 20.38.050.D

    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 #2010-04-023.


    AB18827 2. CB 13610
    AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A WASHINGTON TRAFFIC SAFETY COMMISSION GRANT AND APPROPRIATING AN ADDITIONAL $9,400.00 OF EXPENDITURES IN THE GENERAL FUND

    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
    NAYS:
    ABSTENTIONS:

    MOTION CARRIED 7-0 and was thereafter named Ordinance #2010-04-024.


    AB18829 3. CB 13611
    AN ORDINANCE RELATING TO THE 2009 BUDGET APPROPRIATING $147,662 OF EXPENDITURES FROM ESTIMATED ENDING RESTRICTED RESERVE CAPITAL IN THE ARTERIAL STREET CONSTRUCTION FUND.

    BORNEMANN / WEISS 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 #2010-04-025.



    ADJOURNMENT
    There being no further business, the meeting adjourned at 10:28 p.m.

    Gene Knutson, Council President

    ATTEST: Linda D. Anderson City Clerk Representative
    APPROVED: 05/24/2010



    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.

    Top of Page ^ Top of page