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You are here: Home) Government) Council) Meeting Materials) May 20, 2013


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, May 20, 2013, 07:00 PM
Book: 67, Page: 1


REGULAR MEETING


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

Roll Call
Present:
    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

Excused:

ANNOUNCEMENT(S)
    There are no upcoming Public Hearings or special meetings on the schedule at this time.

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

APPROVAL OF MINUTES

None submitted.


15 - MINUTE PUBLIC COMMENT PERIOD

Leonard Lindstrom discussed social issues.

Charles Law supports a ban on fireworks.

Kurt Ingram, Roosevelt Neighborhood asked that the house that burned down on Alabama, for the second time, be dealt with as it is a danger. Also, he has concerns about the overall structure in the Roosevelt Neighborhood as it needs sidewalks and street lights and due to the increasing amount of traffic, speed bumps on certain streets.

Ryan Douglas also has concerns about the house that burned on Alabama. He said the property has been cordoned off but he is still concerned about continued activity of people who are staying on the property illegally.

Karen Hamalainen said that the waterfront is fill land and is concerned that if there is an earthquake in this area there will be serious consequences. She does not believe big buildings should be developed there but things more low profile such as gardens and park land due to the instability of the shoreline.

Leif Magnuson said the community needs to pay more attention to things like having a syringe vending machine and disposal to be used anonymously by people who need an injection, such as a B-12 vitamin shot.

Brian Phelps is real estate investor interested in the property that burned down on Alabama; he has been working with the property owner but there are lots of problems and it is in probate. He said Planning has said that it is on the fast track to demolish, which may prohibit him from investing in the property. This is a Catch-22 but he is still interested in property.

Delaine Clizbe addressed the rental inspection program and cited the following: the move in/move out inspection sheet, required by state law, is almost impossible to get residents to fill in; what is gained by the owner having a license if they work through a licensed property management company; the risk to the city taxpayers if there is damage after an inspection (such as a fire from wiring gone bad); a male inspector inspecting the rental of a single female tenant. Also, she suggested an alternative solution in that a tenant could request and pay for their own inspection.



PRESENTATION(S)

AB19979 1. Joint Whatcom County and City of Bellingham Proclamation of May 20 through May 24, as National Public Works Week


Information only.


AB19980 2. Presentation on New Urbanism Scenario of Downtown: Reimagining State Street

Western Washington University students made the presentation of a development scenario illustrating urban infill potential highlighting adaptive reuse, scale and character preservation based on the State Street area. Information only.


Executive Session - Report and action only.
[Moved from end of Committee section.]

1. Potential Property Acquisition: Staff provided information on the potential purchase of 13 acre parcel for a regional stormwater facility and a 20 acre parcel for offsite wetland mitigation. The properties are owned by Mersey, LLC and located north of the City limits and Bakerview Road and east of Pacific Highway.

LEHMAN / KNUTSON moved to authorize the City to purchase the 13 acre parcel for $882,500.00 and the 20 acre parcel for $970,000.00. MOTION CARRIED 7-0

2. Potential Litigation: Staff provided information on a potential litigation. Direction given. No action taken.

3. Litigation: West Cordata Green Hearing Examiner Appeals: Staff provided an update on this litigation matter.

KNUTSON / LEHMAN moved to authorize the City to settle the appeals contingent on City Council approval of a Resolution authorizing the Mayor to enter into the Development Agreement included in City Council’s May 20, 2013 agenda bill packet. MOTION CARRIED 6-1, WEISS opposed.


PUBLIC HEARING(S)

AB19981 1. Consideration of a Resolution to Approve a Development Agreement between Green Valley Holdings, LLC, Aldrich Park, LLC and the City regarding the 344-unit West Cordata Green PUD located on both sides of June Road in Area 12 of the Cordata Neighborhood

A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH GREEN VALLEY HOLDINGS, LLC AND ALDRICH PARK, LLC IN SETTLEMENT OF LITIGATION.”

Alan Marriner, Assistant City Attorney reviewed the proposed development agreement, maps and process to date and recommends approval of the resolution.

Chet Lackey, Attorney for applicants, recommends approval of the resolution.

Council President Fleetwood opened the public hearing.

Micah Smith, Principal, Cordata Elementary said this will have a tremendous, immediate and important impact on a daily basis to the school and surrounding community.

Julie Guy expressed concern on several items including that she feels the following should be included: amenities for the multi-story condominiums such as a conference room, an inside mail room; a recreation area; trails; right-of-way for trails; a lift or elevator in the multi-story buildings; a better east/west connection from Horton to Bakerview; and a safe intersection at Cordata/Stuart.

Ralph Wenning, Cordata Neighborhood Association, feels the terms of the agreement are appropriate, stringent and clear. However, he has concerns which include: the trail ends up by wetlands and the backs of those buildings are within 25' of the water, which does not provide for any buffer; there is not enough right-of-way; and the point of the highest density creates the worst impact. The section with multiple buildings should have a high berm or bioswale to collect run-off (not a split rail fence) but there is not enough room. And he said, two condo associations, both north and south of June Road, were promised that they would have a buffer of 50’. This is the city's last chance to correct a known oversight and suggested taking the entire north end of the development and moving it to the west so it gets further away from the wetlands.

There being no further comments, the public hearing was closed

Discussion between staff and council clarified the following:
    Any mitigation would fall under existing Critical Area Ordinance rules, which would be paid by the City or the developer.
    There will be acceptable park trail easement before permitting is done.
    This project was reviewed and approved by Whatcom County and Whatcom County Hearing Examiner and the city accepted an approved project.
    A community building is part of the proposal and is consistent with SEPA determination.
    Public Works is working on putting Horton through to Aldrich as a through-road and east/west connector.
    In 2004 Whatcom County approved a modified site plan and found it to be consistent with the Hearing Examiner’s original approvals; that is the only site plan that the city believes that Whatcom County approved and that is what the city staff has been moving forward with since annexation and, that is what the Development Agreement is based on.

KNUTSON / LEHMAN moved final approval of Resolution #2013-06. MOTION CARRIED 6-1, WEISS opposed.

BREAK
Council President Fleetwood called the meeting back to order at 8:53 p.m.


AB19982 2. Public Works presentation and Public Hearing regarding the Draft 2014-2019 Transportation Improvement Program (TIP)

Chris Comeau, Transportation Planner, reviewed the projects included in the TIP:

Project #1: Annual Arterial Pavement Resurfacing Program. Funded through 2016 by Transportation Benefit District (TBD) and Streets.
Project #2: Transit Service Enhancement. Primarily funded by TBD.
Project #3: Non-Motorized Transportation Improvements. Funded by TBD. The following projects will be designed in 2013 and built in 2014: 25th Street Sidewalks and Bike Lanes; Eliza Avenue Sidewalk; Ohio/Ellis Intersection.
Project #4: James Street Bridge Replacement. Fully funded, reconstruction scheduled for 2014.
Project #5: James Street, Phase 1 Multimodal Corridor Improvements (Woodstock to East Orchard). Fully funded, construction scheduled for 2014.
Project #6: Chestnut-Bay Bridge Rehabilitation. Fully funded, construction scheduled for 2014.
Project #7: Carl Cozier Safe School Routes (Lincoln/Potter intersection and Gladstone north sidewalk). Grant funded project, construction scheduled for 2015.
Project #8: Alabama Street Corridor, Phase 2 Multimodal Safety Improvements. 100% Federal Grant, construction scheduled for 2015.
Project #9: State/Laurel Intersection Pedestrian Safety Improvements 100% Federal Grant, construction scheduled for 2015.
Project #10: Granary-Bloedel (Phase 1) Multimodal Arterial Improvements, (Roeder to Commercial Street) 100% Federal funds, construction scheduled for 2015-2016.
Project #11: Bloedel Avenue, Phase 2 Multimodal Arterial Improvements (Commercial to Cornwall Avenue). Funded. Construction scheduled for 2015-2016.
Project #12: James/Bakerview Intersection Safety Improvements (Roundabout or turn lanes with traffic signal reconstruction). Unfunded.
Project #13: Dover Street Multimodal Arterial Connection (West Bakerview to Division) Unfunded.
Project #14: West Horton Road Multimodal Corridor Extension, Phase 1 (Horton terminus to Aldrich Road). Pending additional funding.
Project #15: Boulevard Park to Cornwall Avenue Overwater Pedestrian Walkway. Pending additional funding.
Project #16: Orchard Drive Multimodal Arterial & Bay to Baker Trail Connection beneath I-5. Anticipate public/private partnership to fund and construct.
Project #17: Division Street Multimodal Arterial Connection (Northwest Avenue to Pacific Highway). Unfunded.
Project #18: James Street Corridor Non-Motorized Safety Improvements (Phase 2: East Orchard to Telegraph; Phase 3: Bakerview to Kellogg. Unfunded.
Project #19: James Street Corridor Multimodal Arterial Connection (Gooding Avenue to Van Wyck Road). Unfunded.
Project #20: Northwest/West Bakerview Intersection Safety Improvements (North leg: West Bakerview to Aldrich). Unfunded.
Project #21: Commercial Green Loop Multimodal Improvements (Bloedel Avenue to Shoreline). Unfunded.

Council Member Snapp asked if there has been any consideration this year for projects in the watershed [North Shore].

Ted Carlson, Public Works Director said staff had looked at the possibility of extending a watershed friendly cross-section from Britton around the east side of the lake to the city limits. It would be very expensive and there are issues that led staff to not recommending that the project be put on the TIP including: the grades are very challenging; impact on driveways and street access - grade transitions are very challenging (steep) and drive the costs up. That section of North Shore didn't rate high for pedestrian needs and previous efforts for a local improvement district met with resistance from the property owners. While the primary reason for extending is more of a water quality issue and there is a water quality project currently approved in the budget to mimic the water quality features of North Shore Drive, staff could not recommend this expensive project for multimodal improvements given it didn’t rise up the list of the Pedestrian Master Plan, challenges with property owners and the overall cost. Staff did bring it forward to the Transportation Commission and there was not a consensus to move it forward.

Council President Fleetwood opened the public hearing.

Allen Brown said that due to the loss of the Safer Grant the Fire Department is losing seven full time employees and believes that the newest Whatcom Medic One unit has 140,000 miles on it and suggested a re-prioritization - that money for staffing, trucks and equipment might be found from some of the money for the $9 million bridge reconstruction.

Ralph Black, Alliance Properties, has Project #19 on the TIP and they are moving forward with the first phase of the King Mountain Urban Village. This will be an opportunity for the city to get the first portion of this built and have a right-of-way dedication to make the full connection across the mountain.

Geoff Middaugh, brought to council’s attention the Public Works Advisory Board and Transportation Commission’s recommendation for Public Works to initiate a diagnostic review of city railroad crossings to assess the viability and cost of establishing a railroad quiet zone in Bellingham. He hopes for support of quiet zones that will enhance the quality of life in Bellingham.

There being no further comments, the public hearing was closed

Council Member Lehman would like to learn more about the feasibility and costs of a project in the watershed (North Shore).

Committee of the Whole worksession scheduled for June 3, 2013.


REPORTS OF COMMITTEES

Public Works / Public Safety
Stan Snapp, Chair
Terry Bornemann; Gene Knutson

AB19983 1. Bid Award for Wharf Street Roundabout, WF-1008, Bid #27B-2013

SNAPP / KNUTSON moved to award Bid No. #27B-2013 for Wharf Street Roundabout to Ram 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 $1,144,058.20.

Council Member Lilliquist feels that putting bike lanes in arterials is not a preferred solution for sharing lanes.

MOTION CARRIED 6-1, LILLIQUIST opposed.


AB19984 2. Budget Ordinance to appropriate funds to begin repayment of an Economic Development Investment Board-Approved Loan for the West Bakerview Overpass Safety Improvements Project

AN ORDINANCE RELATING TO THE 2013 BUDGET APPROPRIATING AN ADDITIONAL $52,020.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE STREET FUND FOR TRANSFER TO THE GOVERNMENTAL DEBT SERVICE FUND, AND APPROPRIATING DEBT SERVICE PAYMENTS IN THAT FUND TO BEGIN REPAYMENT OF AN EDI (ECONOMIC DEVELOPMENT INVESTMENT) BOARD-APPROVED LOAN FOR THE WEST BAKERVIEW OVERPASS SAFETY IMPROVEMENTS PROJECT.”

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


AB19985 3. Authorization of Commercial Street Theatre Lease

SNAPP / KNUTSON moved to authorize the Mayor to enter into a lease agreement for Commercial Street Theatre with Kuntz Community Dance. MOTION CARRIED 5-2, LEHMAN, WEISS opposed.


AB19986 4. Fireworks Ban Discussion

KNUTSON / LEHMAN moved to direct staff to present the draft ordinance and schedule a public hearing on June 3, 2013. MOTION CARRIED 7-0.

Committee Of The Whole
Seth Fleetwood, Chair
Jack Weiss, Gene Knutson, Cathy Lehman, Stan Snapp, Michael Lilliquist, Terry Bornemann

AB19987 1. An Ordinance amending BMC 17.10 updating building codes

“AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 17.10. TO ADOPT BY REFERENCE THE 2012 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, INTERNATIONAL EXISTING BUILDING CODE, NATIONAL FUEL GAS CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL ENERGY CONSERVATION CODE, UNIFORM PLUMBING CODE AND WASHINGTON CITIES ELECTRIC CODE, AND THE 2011 EDITION OF THE LIQUEFIED PETROLEUM GAS CODE, AS AMENDED, AS SET FORTH HEREIN.”

FLEETWOOD / KNUTSON moved approval for first and second reading. MOTION CARRIED 7-0.


AB19988 2. An Ordinance adopting the State amended version of the 2012 edition of the International Fire Code

AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 17.20 TO ADOPT BY REFERENCE THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE.”

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


AB19883 3. Army Street Project Briefing and Draft Property Owner Letter of Intent

Presentation made during committee. Information only.

          4. Approval of City Council Committee and/or Special Meeting minutes

None submitted at evening meeting

          5. Old/New Business
LILLIQUIST moved to direct the administration to add a line item to the 2014 budget for a Health Impact Assessment in relation to Gateway Pacific Terminal. There was no second.


Executive Session - Report given after Presentations.


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

Brian Heinrich, Executive Coordinator, addressed the following on behalf of the Mayor:
    The fire at the house on Alabama Street was of undetermined origin.
    The Planning and Development Commission held a worksession with regard to the waterfront and will hold another worksession on May 23, 2013.
    There will be a Boards & Commissions appreciation event on May 30, 2013, 5:30 p.m. at Squalicum Boat House.


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.

AB19989 1. Authorization of checks issued for pay period May 3, 2013 through May 9, 2013

AB19990 2. Authorization of checks issued for payroll April 26, 2013 through May 10, 2013

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



FINAL CONSIDERATION OF ORDINANCES

AB19956 1. AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE 20.37.230 FOUNTAIN DISTRICT URBAN VILLAGE - DEVELOPMENT INCREASING THE .6 FAR (FLOOR AREA RATIO) LIMIT TO 1.5 FAR FOR PROPERTIES THAT FRONT DUPONT STREET BETWEEN BROADWAY AND I STREET

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2013-05-033


AB19961 2. AN ORDINANCE RELATING TO THE 2013 BUDGET APPROPRIATING AN ADDITIONAL $41,000.00 IN THE JUDICIAL SERVICES DEPARTMENT, GENERAL FUND, TO PAY FOR SECURITY SCREENING PERSONNEL AT MUNICIPAL COURT

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2013-05-034


AB19971 3. AN ORDINANCE RELATING TO THE 2013 BUDGET RENAMING AND EXPANDING THE PURPOSE OF AN EXISTING DEBT SERVICE FUND TO ACCOUNT FOR PRINCIPAL AND INTEREST PAYMENTS FOR GOVERNMENTAL LOANS. (FUND 235 FROM PUBLIC WORKS TRUST - STREET OVERLAY TO GOVERNMENTAL DEBT SERVICE FUND)

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2013-05-035


AB19972 4. AN ORDINANCE RELATING TO THE 2013 BUDGET RECOGNIZING A $12,509.00 FEMA PORT SECURITY GRANT TO PROVIDE FOR LAND BASED MARITIME FIREFIGHTING TRAINING, AND APPROPRIATING RELATED EXPENDITURES IN THE FIRE DEPARTMENT, 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, FLEETWOOD, LEHMAN, KNUTSON, LILLIQUIST, SNAPP, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2013-05-036


AB19973 5. AN ORDINANCE RELATING TO THE 2013 BUDGET RECLASSIFYING ONE PART-TIME POSITION IN THE FINANCE DEPARTMENT, GENERAL FUND, WHERE NO ADDITIONAL APPROPRIATION OR REALLOCATION OF FUNDS IS REQUIRED

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, KNUTSON, LILLIQUIST, SNAPP, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2013-05-037



ADJOURNMENT
There being no further business, the meeting adjourned at 10:33 p.m.

Seth Fleetwood, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 06/17/2013



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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