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You are here: Home) Government) Council) Meeting Materials) November 22, 2010


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, November 22, 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 Melissa Brulotte.

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)
    · On Tuesday, November 23, at 9:00 a.m. in Council Chambers there will be a special meeting of the Council’s Planning and Community Development Committee regarding program options for Incentive Zoning for Affordable Housing.
    · On Monday, December 6, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding amendments to BMC 19.06 “Transportation Impact Fees” to allow vehicle trip reduction credits reducing transportation impact fees for development in master-planned urban villages.


TRANSPORTATION BENEFIT DISTRICT NO. 1
    · On Monday, November 22, at 12:30 p.m. in Council Chambers there will be a meeting of the Transportation Benefit District No. 1 Board to discuss initial steps to establish the operational framework for the Transportation Benefit District and to discuss the financial decisions that are required to begin operations in fiscal 2011.
    · On Monday, December 6, at 12:30 p.m. in Council Chambers there will be a meeting of the Transportation Benefit District No. 1 Board to consider a Resolution setting the rate of collection of sales tax for transportation improvement projects and establishing a date for businesses to begin collection.

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

Council President Knutson called for a moment of silence for two well known members of the community who have passed away: Jim Zervas, a local architect and Alta McClellan, owner of Hardware Sales.


APPROVAL OF MINUTES

BORNEMANN / BUCHANAN moved approval of the October 25, 2010 and November 1, 2010 minutes of the regular Council Meetings as submitted. MOTION CARRIED 7--0.

15 - MINUTE PUBLIC COMMENT PERIOD

Phil Morgan spoke in opposition to traffic safety (red-light) cameras.

Richard May is in favor of enforcement at red lights and asked council to check on the history of how this has worked in other districts.

Randy Elmore said that Bellingham need a public hearing and a public vote regarding red-light and speed (traffic safety) cameras.

Riley Sweeney spoke in opposition to traffic safety (red-light) cameras.

Mark Edson spoke in opposition to traffic safety (red-light) cameras.

Eli Chase spoke in opposition to traffic safety (red-light) cameras.

Johnny Weaver President, Young Americans, Whatcom Community College, spoke in opposition to traffic safety (red-light) cameras.

Public comment continued after public hearings.

PUBLIC HEARING(S)

AB18993 1. 2011 PRELIMINARY BUDGET
.
Brian Henshaw, Budget Manager reviewed slides and updated the council with regard to the General Fund Preliminary Budget and Citywide Preliminary Budget for the 2010 Adopted, 2010 Forecast and 2011 Preliminary Budgets. He noted that the public hearing will remain open until the December 6 council meeting. The preliminary budget is posted on the city’s web site.

Council President Knutson opened the public hearing.

Tim Eyeman noted that there is not a line item in the budget for the [traffic] cameras. He spoke in opposition to traffic safety (red-light) cameras and asked that before the city proceeds, a measure be put on the ballot asking citizens if they support the [traffic] cameras.

Justin McKay submitted a written note that he does not consent to any contract between the City of Bellingham and American Traffic Solutions.

The public hearing will remain open until December 6, 2010.

Information only.


AB19025 CB 13653

2. PUBLIC HEARING AND RECONSIDERATION OF THE ORDINANCE ESTABLISHING A DEMONSTRATION PROGRAM FOR INNOVATIVE PERMANENTLY AFFORDABLE HOME OWNERSHIP PROJECTS

AN ORDINANCE RELATING TO LAND USE AND EXTENDING THE EXPIRATION DATE OF BELLINGHAM MUNICIPAL CODE CHAPTER 20.27, A DEMONSTRATION PROGRAM FOR INNOVATIVE PERMANENTLY AFFORDABLE HOME OWNERSHIP PROJECTS.”

Jeff Thomas, Interim Planning & Community Development Director introduced the ordinance and explained that this would be the fourth extension of this ordinance.

Council President Knutson opened the public hearing.

Paul Schissler spoke in support of extending the ordinance.

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

LILLIQUIST / BUCHANAN moved approval for first and second reading.

Council Member Weiss asked if this program should be approved on a permanent basis.

Mr. Thomas explained that there has only been one project in six years although another may be in the works. By extending it for two years, staff can see if any other projects come forward, which would give a better sample size for consideration in 2012.

Council Member Weiss said, that if the program were to be made permanent, it could foster additional competition within other groups that might be interested in these projects and could also be of assistance in long term financing for this sector.

Mr. Thomas responded that staff can earmark the program in the 2012 work program and bring it back to council for permanent consideration and/or other options that may exist at that time.

MOTION CARRIED 7-0


AB19026 3. PROPOSED CHANGES TO THE SILVER BEACH NEIGHBORHOOD PLAN

Kurt Nabbefeld, Planner introduced the ordinance and reviewed the process to date. He explained that this is a complete update to the 1980 Silver Beach Neighborhood Plan and is consistent with the Comprehensive Plan. He reviewed some of the changes that occurred to the plan in this process and noted that staff and Planning Commission recommend approval. He said it is a good plan that protects neighborhood character while also providing policy direction and vision statements for the neighborhood.

Council President Knutson opened the public hearing.

David Jefferson Chair, Silver Beach Neighborhood Association expressed his thanks to all those who worked very hard on this update. He reviewed the neighborhood’s process and what worked and what did not work as the association worked their way through the plan. He strongly recommended that the neighborhood plan processes get a good review. This process took the neighborhood three years and he feels that if there had been more guidance and boundaries on what to do, and what not to do; good objectives and strategies built in, a firm knowledge that the plan is a vision plan, not a legislative plan; it would have made a better and faster process for them.

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

SNAPP / WEISS moved to direct staff to prepare an ordinance with proposed changes to the Silver Beach Neighborhood Plan for consideration on December 6, 2010.

MOTION CARRIED 7-0


PUBLIC COMMENT RESUMED

Leonard Lindstrom discussed education and social issues.

Melissa Brulotte spoke in support of traffic safety (red-light) cameras.

Chris D'Ambrosio due to icy road conditions, he slid into an intersection against the red light and asked council to consider the safety issues and do more study of why this money is being spent.

Anne Mackie, York Neighborhood Association, addressed the compromise motion made during committee to change density to 2,000 s.f. She explained that this could possibly do more harm than good in achieving their goal of protecting the historic district along Ellis Street and asked that the full implications of a change in density be considered.

Steven Mason spoke in opposition to traffic safety (red-light) cameras and suggested extending yellow light time and/or adding a buffer zone between changing red and green lights.

Gary Reynolds said that traffic/speed cameras will not prevent accidents and it his experience that an emphasis patrol is more effective.

Collin Petersen described a situation where late at night the traffic light failed to trip and he had to use his personal judgment about turning left against a red light. He asked that council consider that human judgment is better than technology that sees no grey area.

Yoshé Revelle reminded citizens to slow down whether the camera is there or not and expressed concern for the homeless people during this cold weather

Jean Ulrich spoke in opposition to traffic safety (red-light) cameras

Dr. Paula Weaver submitted a written statement in opposition to traffic safety (red-light) cameras, which was read by Johnny Weaver.

Vince Crocker, York Neighborhood Association, referenced his project on Gladstone Street and said that neighbors and real estate investors can work together with the tools that are available.



REPORTS OF COMMITTEES

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

AB19027 1. PERMIT CENTER AND DEVELOPMENT SERVICES FUND BRIEFING

Information only.


AB19002 2. WORKSESSION TO CONSIDER AMENDMENTS TO THE YORK NEIGHBORHOOD PLAN, ZONING TABLE AND OTHER ASSOCIATED CODE AMENDMENTS

LILLIQUIST / FLEETWOOD moved to direct staff to prepare an ordinance reflecting the findings of fact and recommendations of the Planning Commission for the York Neighborhood Plan with a change in density to 2,000 square feet in Area 9. MOTION FAILED 2-5, BUCHANAN, BORNEMANN, KNUTSON, SNAPP, WEISS OPPOSED.

BUCHANAN / BORNEMANN moved to direct staff to prepare an ordinance reflecting the findings of fact and recommendations of the Planning Commission for the York Neighborhood Plan with a change in density to 3,000 square feet in Area 9, for consideration on December 6, 2010. MOTION CARRIED 7-0.


AB19015 3. WORKSESSION TO REVIEW AMENDMENTS TO BMC 17.82 REGARDING MULTI FAMILY TAX EXEMPTION IN URBAN CENTERS

BORNEMANN / LILLIQUIST moved to direct staff to prepare an ordinance accepting staff recommendations. MOTION CARRIED 7-0.


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

AB19028 1. CONSIDERATION OF A GRANT AGREEMENT WITH WA DEPARTMENT OF ECOLOGY FOR PARTIAL FUNDING FOR THE REMEDIATION OF THE R.G. HALEY SITE

BUCHANAN / WEISS moved to authorize the Mayor to enter into a Grant Agreement with Washington State Department of Ecology. MOTION CARRIED 7-0.


AB18977 CB 13654
2. ORDINANCE ADDING A NEW CHAPTER 11.16 TO THE BELLINGHAM MUNICIPAL CODE TO AUTHORIZE AND REGULATE AUTOMATED TRAFFIC (RED-LIGHT) CAMERAS

An ordinance adding a new Chapter BMC 11.16 to the Bellingham Municipal Code to authorize and regulate automated traffic safety cameras.”

Council Member Bornemann read amendments into the ordinance which added the locations of automated traffic safety cameras and school speed zones to 11.16.020.B; added “and shall be consistent with penalties set by state law for stoplight and school speed zone violations” to 11.16.080 and added a Section 11 which requires a review no later than one year from the date of authorization.

BUCHANAN / BORNEMANN moved approval for first and second reading as amended. MOTION CARRIED 6-1, FLEETWOOD OPPOSED


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

AB19029 1. 2011 BUDGET PRESENTATIONS - LIBRARY, INFORMATION TECHNOLOGY SERVICES DEPARTMENT, PARKS & RECREATION DEPARTMENT, MUSEUM AND HUMAN RESOURCES DEPARTMENT

Information only.


COMMITTEE OF THE WHOLE
CHAIR, GENE KNUTSON

AB19030 1. REVIEW OF PROPOSED WASHINGTON STATE LEGISLATIVE AGENDA FOR 2011

LILLIQUIST / BORNEMANN moved to approve the 2011 Washington State Legislative Agenda as amended during committee. MOTION CARRIED 7-0.

          2. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES

None submitted at evening meeting.

          3. OLD/NEW BUSINESS

None presented.


EXECUTIVE SESSION - Report only.


1. POTENTIAL PROPERTY ACQUISITION: Staff provided an update on a potential property acquisition. Direction was given. No action taken.

2. POTENTIAL PROPERTY ACQUISITION: Staff provided information on the acquisition of 17.2 waterfront acres located on the southwest lakefront, south of Sudden Valley, and north of South Bay area. The zoning is R5A (3 potential development units). The purchase price is $1,120,000.00 of which $317,000.00 is a charitable donation from the seller, so that the City of Bellingham is actually paying $803,000.00 for the property. The seller is the Watts Family Partnership.

SNAPP / LILLIQUIST moved to authorize the purchase of said property at a purchase price of $803,000.00. MOTION CARRIED 7-0.

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. Information only. No action taken.

5. POTENTIAL LITIGATION: Staff provided information on a potential litigation. Information only. No action taken.

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

AB19031 2. MAYOR’S APPOINTMENT OF THOMAS GRINSTAD TO THE PLANNING AND DEVELOPMENT COMMISSION

SNAPP / BORNEMANN moved to authorize the Mayor’s appointment of Thomas Grinstad to the Planning and Development Commission, term ending April 1, 2013. MOTION CARRIED 7-0.


AB19032 3. MAYOR’S APPOINTMENT OF ROSALIE WARDEN NAST TO THE PARKS AND RECREATION 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. A member of the Council may ask that an item be removed from the Consent Agenda and considered separately.

AB19033 CB 13655
1. ORDINANCE RELATING TO THE 2010 GENERAL FUND BUDGET FOR THE RECEIPT AND EXPENDITURE OF A $16,956 GRANT FROM THE WASHINGTON DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION

AN ORDINANCE RELATING TO THE 2010 BUDGET INCREASING REVENUES IN THE GENERAL FUND BY $16,956.00 FOR AWARD OF A STATE CERTIFIED LOCAL GOVERNMENT GRANT TO THE PLANNING DEPARTMENT, APPROPRIATING $15,000.00 FOR GRANT-RELATED EXPENDITURES AND PLACING $1,956.00 IN ESTIMATED ENDING RESERVES.”


AB19034 CB 13656
2. ORDINANCE FOR A BUDGET AMENDMENT TO ALLOW FOR RECEIPT AND SPENDING OF GRANT FUNDS FROM WASHINGTON TRAFFIC SAFETY COMMISSION TOTALING $15,324.00

AN ORDINANCE RELATING TO THE 2010 BUDGET INCREASING REVENUES AND APPROPRIATING $15,324.00 IN THE GENERAL FUND FROM A WASHINGTON TRAFFIC SAFETY COMMISSION GRANT TO THE POLICE DEPARTMENT FOR SPECIAL EMPHASIS PATROLS.”


AB19035 CB 13657
3. ORDINANCE TO AMEND THE 2010 BUDGET FOR RECLASSIFICATION OF TECHNICAL SUPPORT AND TRAINING SPECIALIST POSITION IN THE POLICE DEPARTMENT TO TECHNICAL SUPPORT/APPLICATION SUPPORT SPECIALIST CLASSIFICATION

AN ORDINANCE RELATING TO THE 2010 BUDGET REALLOCATING $1,068.00 IN EXPENDITURES IN THE GENERAL FUND AND RECLASSIFYING ONE POSITION IN THE POLICE DEPARTMENT, PROACTIVE OPERATIONS GROUP, AS A RESULT OF A JOB AUDIT.”

AB19036 4. BID AWARD FOR PRECAST CONCRETE PRODUCTS, BID NO. 63B-2010

AB19037 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM OCTOBER 22, 2010 TO OCTOBER 29, 2010.

AB19038 6. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM OCTOBER 29, 2010 TO NOVEMBER 5, 2010.

AB19039 7. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM OCTOBER 16, 2010 TO OCTOBER 31, 2010.

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




FINAL CONSIDERATION OF ORDINANCES

AB19019 1. CB 13651
AN ORDINANCE RELATING TO THE 2010 BUDGET TRANSFERRING $146,827.91 FROM REPAIR AND MAINTENANCE/ NATURAL RESOURCES EXPENDITURES AND THE ESTIMATED ENDING DESIGNATED RESERVE IN THE LITTLE SQUALICUM OESER SETTLEMENT FUND TO THE ESTIMATED ENDING DESIGNATED RESERVES IN THE BEYOND GREENWAYS FUND.

BORNEMANN / 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, BUCHANAN, FLEETWOOD, KNUTSON, LILLIQUIST, SNAPP, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2010-11-061


AB19020 2. CB 13652
AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING BELLINGHAM MUNICIPAL CODE 6.32.010 AND 6.32.020. (Teen Dances)

SNAPP / 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, BUCHANAN, FLEETWOOD, KNUTSON, LILLIQUIST, SNAPP, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2010-11-062



ADJOURNMENT
There being no further business, the meeting adjourned at 9:30 p.m.

Gene Knutson, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 12/06/2010



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.

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