RECORD OF PROCEEDING OF CITY COUNCIL
CITY OF BELLINGHAM, WASHINGTON
COUNCIL CHAMBERS, CITY HALL
Monday, June 21, 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 Janice Keller
Jack Weiss, Council Member, First Ward
Gene Knutson, Council Member, Second Ward
Barry Buchanan, Council Member, Third Ward
Terry Bornemann, Council Member, Fifth Ward
Michael Lilliquist, Council Member, Sixth Ward
Seth Fleetwood, Council Member, At Large
· On Monday, July 12, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding the formation of a Local Improvement District [LID] for the installation of a sewer main along 34th Street, between Donovan and Taylor streets. The LID will be charged directly to the benefiting 20 lots between the addresses of 1128 and 1544, 34th Street.
· On Monday, July 26, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding a Comprehensive Plan amendment proposal submitted by the Puget Neighborhood Association.
Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
Council Member Bornemann, late arrival.
APPROVAL OF MINUTES
WEISS / BUCHANAN moved approval of the June 9, 2010 minutes of the regular Council Meeting as corrected. MOTION CARRIED 4-0-2, Snapp Excused; Bornemann late arrival.
15 - MINUTE PUBLIC COMMENT PERIOD
Yoshé Revelle said we are one family living on one plant with one future and asked each person to embrace making small changes that matter.
Council Member Bornemann arrived at Chambers.
Nick Frabasilio explained concerns with regard to his mother’s death, whom he feels may have been abducted and tortured. He appealed to the council for direction in getting help to investigate this further and possibly exhume her body.
Bruce Deile was denied entry into Canada where he was trying to get treatment for complications from Lyme's Disease.
Johnny Grames discussed social issues and encouraged people to participate in government and stand up and be heard.
AB18890 1. PRESENTATION OF ESSENCE OF BELLINGHAM PHOTO COMPETITION AWARDS
AB18891 CB 13625
1. PUBLIC HEARING RE: A CITY INITIATED REZONE OF AREA 17B, GUIDE MERIDIAN/CORDATA NEIGHBORHOOD TO ALLOW ALL OFFICE USES DEFINED IN BMC 20.08.020 O(1)
“AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO THE BELLINGHAM MUNICIPAL CODE, TITLE 20, LAND USE AND DEVELOPMENT CODE, ZONING APPENDIX, GUIDE MERIDIAN/CORDATA NEIGHBORHOOD TABLE OF ZONING REGULATIONS FOR AREA 17B TO ALLOW OFFICES AS DEFINED IN BELLINGHAM MUNICIPAL CODE 20.08.020 O. (1).”
Jeff Thomas, Interim Planning Director provided background and process to date. He noted that the Planning Commission has recommended approval.
Kathy Bell, Planner, gave an overview of the proposed rezone and explained that the area has a designation of institutional campus and the proposed rezone would expand and allow all office uses as defined in Bellingham Municipal Code section 20.08.020. In order to meet the 60 day notification requirements for CTED (Community Trade & Economic Development) the 3rd and Final reading will occur on or after August 9, 2010.
Council President Knutson opened the public hearing.
Heather Wolff, Attorney, representing Phil and Melanie Multop, asked the council to affirm the Planning Commission’s recommendation of approval for the proposed rezone.
There being no further comments, the public hearing was closed.
BORNEMANN / LILLIQUIST moved approval for first and second reading. MOTION CARRIED 6-0
[Public Hearing #2 held after Transportation Committee]
MEMBERS: CHAIR, JACK WEISS; STAN SNAPP; MICHAEL LILLIQUIST
AB18862 Resolution #2010-20
1. RESOLUTION TO ADOPT THE 2011-2016 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
[Editors note: The following comments by Council Member Weiss are in reference to Projects 8e, 8f, and 8h-8k of the 2011-2016 TIP unless otherwise noted:
#8e: C Street, Phase 1, Multimodal Improvements (Roeder Avenue to Maple Avenue)
Council Member Weiss reported that there was a mixed recommendation from committee. During committee he had proposed to delete Projects 8e, 8f, and 8h-8k, which are associated with the waterfront, from the draft of the 2011-2016 Transportation Improvement Program (TIP). He explained that on April 20, 2009 the council had met and made a motion associated with the waterfront “to adopt a proposed planning framework and planning assumptions as a basis to move the waterfront redevelopment master planning process forward for further development and public review, including referral to the Waterfront Advisory Group and that final decisions will be made only after publication of the Final Environmental Impact Statement.” That has not happened, nor has the master plan been approved, he said.
Additionally, projects 8g-8k were not included in the agenda packet for the May 24, 2010 public hearing and were announced minutes before the public had an opportunity to comment on them. Project 8g, which is the permanent fix of Central Avenue on the southeast side of the Granary Building was recommended to the Transportation Commission but the Transportation Commission was not part of the process for projects 8h-8k. He said, these late additions on the planning document are not appropriate to include if the council is to follow proper public process.
WEISS / LILLIQUIST moved to amend the project status description in Project 14 [Birchwood Avenue to James Street, Multimodal Arterial Connector beneath I-5] to “Project feasibility will be completed prior to the adoption of the 2012 TIP;
#8f: C Street, Phase 2, Multimodal Improvements (Roeder Avenue to Bancroft Avenue)
#8h: Bloedel Avenue Multimodal Improvements (Chestnut Street to Commercial Street)
#8i: Commercial Green Loop Multimodal Improvements (Bloedel Avenue to Bloedel Avenue)
#8j: South Cornwall Avenue Multimodal Improvements (Wharf Street to Park Area)
#8k: F Street Multimodal Improvements (Roeder Avenue to Maple Street)]
is being studied to determine physical space available, environmental issues, construction challenges, and possible combination of on- and off-street bike/pedestrian paths.”
Ted Carlson, Public Works Director replied that staff is working towards a feasibility study [for Project #14]. Timing is an issue as there is no money in the 2010 budget. Therefore, the city has not been able to proceed with the selection process for a consultant nor develop a scope of work. It is the best intention of staff to get this done but he emphasized the fact that the time frame might be tight in order to get the council something to work with prior to the 2012 adoption.
Mayor Pike suggested that, since Project #14 is currently shown in the out years and is three years out before it’s a funded project, one way to address Council Member Weiss’s concerns would be to have the feasibility study completed before the projects gets moved into one of the current funding years. This Planning document is used to procure funding for whatever opportunities may come forward. There are a number of identified uses and needs for this corridor and if this project should ‘fall off’ the TIP, the city may miss funding opportunities.
Council Member Weiss said it was his understanding at the worksession that the feasibility study would happen before the next TIP and at that point the council can say either yes or no. He feels it is important to determine the feasibility of the project before going through the process of raising money through grants.
MOTION FAILED 3-3, FLEETWOOD, BORNEMANN, KNUTSON opposed.
BORNEMANN / FLEETWOOD moved final approval of resolution.
Council President Knutson firmly believes that Project #17 is the wrong thing to do. Because of that, he cannot support adopting the TIP.
MOTION FAILED 3-3, KNUTSON, WEISS, BUCHANAN opposed.
BORNEMANN / FLEETWOOD moved to reconsider the Project 14 amendment motion. MOTION CARRIED 5-1, KNUTSON opposed.
WEISS / LILLIQUIST moved final approval of Resolution #2010-20 with Project 14 of the Six-Year (2011-2016) TIP amended. MOTION CARRIED 4-2, BUCHANAN, KNUTSON opposed.
PUBLIC HEARING(S) - Continued
AB18883 CB 13626
2. PUBLIC HEARING RE: ESTABLISHMENT OF A CITY-WIDE TRANSPORTATION BENEFIT DISTRICT [TBD] FOR THE PURPOSE OF FUNDING SPECIFIC PROJECTS IDENTIFIED IN THE CITY’S 2011-2016 TRANSPORTATION IMPROVEMENT PROGRAM; FUNDING TO BE PROVIDED BY A VOTER APPROVED 0.2% SALES AND USE TAX INCREASE
“AN ORDINANCE ESTABLISHING A TRANSPORTATION BENEFIT DISTRICT; SPECIFYING THAT THE BOUNDARIES OF THE DISTRICT WILL COINCIDE WITH CITY BOUNDARIES; AND SPECIFYING THE TRANSPORTATION IMPROVEMENTS TO BE FUNDED BY THE DISTRICT.”
Ted Carlson, Public Works Director presented a PowerPoint with regard to the establishment of a Transportation Benefit District (TBD). A TBD is an independent taxing district created for the sole purpose of funding transportation improvements within the district; it is created by ordinance of the legislative authority; the city council acts in an ex-officio capacity as the TBD Board, and if voter approved, can be less than an entire jurisdiction. If approved, the ordinance would:
· establish a Transportation Benefit District consistent with city boundaries;
In addition to requiring a public hearing during the formation of the TBD, the TBD must issue an annual report indicating status of the plan and if the TBD functions are expanded beyond the original TBD establishment, the TBD must go through notice, public hearing and ordinance process. The TBD has a ten (10) year sunset provision.
If the ordinance establishing a TBD is approved [July 12, 2010], the council will consider a resolution providing for a ballot proposition to be submitted to the voters on November 2, 2010.
Through discussion by the council and staff the following was clarified:
· propose a 10 year, voter approved, 0.2% Sales & Use Tax (estimated $3.8 million revenue/first year);
· establish that revenue must be used to fund projects in the Six-Year TIP; and
· specifies that revenues would provide funding for asphalt overlay, non-motorized options and transit enhancements [Projects 1, 16 & 17, Six-Year (2011-2016) Transportation Improvement Program].
· If the board is created, and if the tax levy is approved by the voters, projects that are funded by this tax would need to be approved by the TBD Board.
Council President Knutson opened the public hearing.
Mark Lowry President, representing the Amalgamated Transit Union Local 843 feels this is a short term fix and cited:
· All revenue must be expended on approved projects.
· The tax rate of two-tenths of one percent (0.2%) cannot be changed.
· Changes in Whatcom Transit Authority (WTA) service levels for Bellingham citizens would require an agreement between the TBD Board and WTA e.g., restore full Sunday service.
· Currently REET Funding that goes to transportation is being directed to the waterfront.
· transit is extremely capital intensive
He reiterated that this would be a short term fix and asked council to look long range and carefully consider the implications of this decision.
Carr Lanham representing Bellingham Police Guild reminded council that the Police Department is operating at critically low staffing levels. The Guild is concerned that the proposal [if approved by voters]would raise the sales tax by two-tenths of one percent in order to further fund street improvements and in particular to further subsidize Whatcom Transit Authority system within Bellingham. The Guild strongly encourages the council to seriously consider what the funding priorities should be for the city and recognize and acknowledge that public safety is the superior priority. It has been well documented that police staffing is at critical levels and, he said, that perhaps council should consider the feasibility of a similar tax increase for public safety.
Bruce Deile feels that it is essential to restore full Sunday service for the WTA, which would contribute to public safety and continue the important services of the specialized transportation busses.
Ken Hertz is very supportive of the proposal and feels that the community will support it. He stressed the importance of articulating to the public how the money will be spent.
Steve Hood said that mass transit is recognized as one of the most efficient ways to decrease traffic congestion worldwide and helps to decrease crime. The WTA is recognized as being one of the best in the country and makes the city more attractive to students, people in general and the environment.
Adrienne Lederer supports the proposal and feels the TBD is a necessity in this economy.
John McGarrity feels there are drawbacks and cited: this would limit help for the WTA to what the council can provide over the next ten years; there will be annual tension between the needs of the city and the needs of the transit authority. The transit system needs to grow and this will not do it nor will it answer the capital needs of the city. It was recognized that we need a county [transit] system and we should not walk away from providing service to the county. There needs to be a more positive and dynamic process, which brings people into the process and seeks solutions people can live and grow with.
Nancy Grayum-Riddell supports the proposal and feels that it will provide funding for the kinds of infrastructure that will support healthy transportation.
Council President Knutson opened the public hearing.
It was the consensus of the council that additional time is needed for the council to have conversations with the community, learn more about the funding and how the money will be allocated.
Council directed staff to schedule a worksession on July 12, 2010.
BORNEMANN / FLEETWOOD moved approval for first and second reading. MOTION CARRIED 4-2, KNUTSON, BUCHANAN opposed
Council President Knutson called the meeting back to order at 9:07 p.m.
REPORTS OF COMMITTEES
PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: CHAIR, BARRY BUCHANAN; STAN SNAPP; JACK WEISS
AB18892 CB 13627
1. ORDINANCE FOR THE APPROPRIATION OF $232,850 IN GRANT FUNDS FOR THE PURPOSE OF PURCHASING A SHARED HIGH-EFFICIENCY STREET SWEEPER
“AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A WASHINGTON STATE DEPARTMENT OF ECOLOGY GRANT AND APPROPRIATING AN ADDITIONAL $232,850.00 OF EXPENDITURES IN THE STORM & SURFACE WATER UTILITY FUND.”
BUCHANAN / WEISS moved approval for first and second reading. MOTION CARRIED 6-0.
AB18893 2. BID REJECTION – SERVICE BODY AND CRANE, BID NO. 15B-2010
BUCHANAN / WEISS moved to reject Bid #15B-2010 and directed staff to re-bid the project. MOTION CARRIED 6-0.
PARKS AND RECREATION
MEMBERS: CHAIR, SETH FLEETWOOD; TERRY BORNEMANN; STAN SNAPP
AB18894 1. BOULEVARD PARK PATTLE POINT TRESTLE RENOVATION, #20B-2010 BID AWARD
FLEETWOOD / LILLIQUIST moved to award Bid No. 20B-2010 for Boulevard Park Pattle Point Trestle Renovation to Razz Construction, Inc. 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 $614,760.00 which does not include WSST. MOTION CARRIED 6-0.
TRANSPORTATION [Moved to follow Public Hearing #1]
PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: CHAIR, TERRY BORNEMANN; SETH FLEETWOOD; MICHAEL LILLIQUIST; JACK WEISS
AB18686 1. DISCUSSION RE: GUIDELINES FOR AN INCENTIVE ZONING ORDINANCE
BORNEMANN / LILLIQUIST moved to direct staff to develop an ordinance based on the guidelines developed by the Planning & Community Development Committee. MOTION CARRIED 6-0.
COMMITTEE OF THE WHOLE
CHAIR, GENE KNUTSON
AB18895 1. UPDATE ON WHATCOM COUNTY’S 10-YEAR PLAN TO END HOMELESSNESS
Council President Knutson reported on the presentation made during committee. A highlight of the report is the progress that is being made in that the number of chronically homeless is down since 2008. Information only.
AB18896 2. REPORT RE: BELLINGHAM PUBLIC LIBRARY
Council President Knutson reported on the presentation made during committee by Pam Kiesner, Director of the library. It is noteworthy that, in spite of the financial constraints, web site use and readership are up. Information only.
AB18897 3. PRESENTATION RE: EMPLOYEE BENEFITS
Council President Knutson reported on the presentation made during committee. Health care costs are staggering and not sustainable and difficult decisions will have to be made in the future. Information only.
AB18898 CB 13628
4. CLOSED RECORD HEARING AND CONSIDERATION OF AN ORDINANCE FOR THE VACATION OF PORTIONS OF LAFAYETTE AND W. INDIANA STREETS, AREA 14, BIRCHWOOD NEIGHBORHOOD
Council President Knutson reported that the council voted unanimously during the Closed Record Hearing to adopt the Hearing Examiner’s Findings of Fact, Conclusions of Law and Recommendation approving the proposed street vacation with conditions. The council also voted unanimously to accept staff’s recommendation to accept the construction of permanently affordable housing units and the dedication and construction of a public access trail as adequate compensation for the street vacation.
“AN ORDINANCE RELATING TO THE VACATION OF THOSE PORTIONS OF THE LAFAYETTE STREET RIGHT-OF-WAY ABUTTING LOTS 1-10, BLOCK 10 ELDRIDGE’S 2ND ADDITION TO BELLINGHAM AND THOSE PORTIONS OF W. INDIANA STREET RIGHT-OF-WAY ABUTTING LOTS 1-4 OF THE HARRID PACK SHORT PLAT AND LOT 11, BLOCK 10, ELDRIDGE’S 2ND ADDITION TO BELLINGHAM.”
LILLIQUIST / BORNEMANN moved approval for first and second reading. MOTION CARRIED 6-0.
· sales tax is unpredictable
· need dedicated transit fund; dangerous to mix funding sources with other legitimate unmet needs and compete for a pool of money
· need predictable funding; a year-to-year disbursement of a pool of money
· believes that those opposed to the transit levy may revisit the decisions made in April 
· this is Whatcom transportation (not just Bellingham) and the people from the county need to be brought into the city so they can shop and go to their jobs
· need mature/viable options to big oil and the tyranny of the automobile
None submitted at evening meeting.
EXECUTIVE SESSION - Report only
1. LITIGATION: State of Washington v. Port of Bellingham et al.: Staff provided an update on this matter. Information only. No action taken.
2. LITIGATION: Skeers v. City of Bellingham: Staff provided information on the terms of a settlement agreement with Skeers Construction.
BUCHANAN / WEISS moved to authorize the Mayor to enter into a settlement agreement. The terms of the agreement provide a credit for Park Impact Fees for the Hannah Creek Subdivision. MOTION CARRIED 6-0.
3. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Information only. No action taken.
4. POTENTIAL LITIGATION: Staff provided information on a potential litigation matter.
WEISS / BORNEMANN moved to authorize staff to initiate legal proceedings challenging the Washington State Department of Revenue excise tax advisory relating to whether or not British Columbia residents are subject to the state’s retail sales tax or are exempt pursuant to RCW 82.08.0273. MOTION CARRIED 6-0.
5. POTENTIAL LITIGATION: Staff provided an update on a potential litigation matter.
BORNEMANN / BUCHANAN moved to authorize the Mayor to enter into the Removal and Access Agreement for Little Squalicum Creek with The Oeser Company. MOTION CARRIED 6-0.
5. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
AB18899 2. MAYOR’S REAPPOINTMENT OF JAMES TALBOT TO THE HISTORIC PRESERVATION
BORNEMANN / LILLIQUIST moved to authorize the Mayor’s reappointment of James Talbot to the Historic Preservation Commission, term ending June 30, 2013. MOTION CARRIED 6-0.
AB18900 3. MAYOR’S REAPPOINTMENT OF SCOT BARG TO THE BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY [BPDA]
LILLIQUIST / BORNEMANN moved to authorize the Mayor’s reappointment of Scot Barg to the Bellingham Public Development Authority (BPDA), term expiring July 21, 2013. MOTION CARRIED 6-0.
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.
AB18901 Resolution #2010-21
1. RESOLUTION TO SET A PUBLIC HEARING BEFORE THE HEARING EXAMINER FOR JULY 28, 2010 FOR VACATION OF THE NORTHERN PORTION OF COWGILL AVENUE BETWEEN 19TH AND 20TH STREETS
“A RESOLUTION FIXING THE TIME FOR A PUBLIC HEARING ON THE PROPOSED VACATION OF THE NORTHERN HALF OF COWGILL AVENUE ABUTTING BLOCK 147, PLAT OF FAIRHAVEN LAND COMPANY’S SECOND ADDITION TO FAIRHAVEN.”
AB18902 CB 13629
2. AN ORDINANCE FOR A BUDGET AMENDMENT FOR THE RECEIPT AND SPENDING OF A $349,384 GRANT FROM THE ENVIRONMENTAL PROTECTION AGENCY FOR THE COMMUNITY ENERGY CHALLENGE
“AN ORDINANCE RELATING TO THE 2010 GENERAL FUND BUDGET RECOGNIZING RECEIPT OF A $349,384.00 CLIMATE SHOWCASE COMMUNITIES GRANT FROM THE ENVIRONMENTAL PROTECTION AGENCY, APPROPRIATING RELATED EXPENDITURES IN THE PLANNING DEPARTMENT AND PLACING A $21,186.00 LABOR REIMBURSEMENT IN ESTIMATED ENDING UNDESIGNATED RESERVES.”
AB18903 3. BID AWARD FOR 25TH AND BILL MCDONALD PARKWAY INTERSECTION IMPROVEMENTS, PROJECT NO. ES-0358, BID NO. 37B-2010
AB18904 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM MAY 28, 2010 TO JUNE 4, 2010
AB18905 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JUNE 4, 2010 TO JUNE 11, 2010
AB18906 6. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM MAY 15, 2010 TO MAY 31, 2010
WEISS / BUCHANAN moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0.
FINAL CONSIDERATION OF ORDINANCES
AB18876 1. CB 13622
AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING AN ADDITIONAL $300,000.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE CLAIMS AND LITIGATION FUND TO BE USED FOR UNANTICIPATED COSTS IN THE LEGAL DEPARTMENT
LILLIQUIST / 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, WEISS
MOTION CARRIED 6-0 and was thereafter named Ordinance #2010-06-037
AB18878 2. CB 13623
AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 17.20 TO ADOPT BY REFERENCE THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE
BORNEMANN / LILLIQUIST 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, WEISS
MOTION CARRIED 6-0 and was thereafter named Ordinance #2010-06-038
AB18882 3. CB 13624
AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A WASHINGTON STATE DEPARTMENT OF TRANSPORTATION GRANT AND APPROPRIATING AN ADDITIONAL $200,000.00 OF EXPENDITURES IN THE STREET 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, WEISS
MOTION CARRIED 6-0 and was thereafter named Ordinance #2010-06-039
There being no further business, the meeting adjourned at 9:26 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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