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You are here: Home) Government) Council) Meeting Materials) September 27, 2010


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, September 27, 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 Randy Elmore.

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
    Michael Lilliquist, Council Member, Sixth Ward
    Terry Bornemann, Council Member, Fifth Ward

Excused:
    Seth Fleetwood
    Council Member
    At Large

ANNOUNCEMENT(S)
    · On Monday, October 4, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding a City Council Resolution in opposition to I-1100 and I-1105. [Ed. Note: Public Hearing was cancelled.]
    · On Monday, October 11, at 7:00 p.m. in City Council Chambers, there will be a Public Hearing regarding the 2011 Budget - Revenue Forecast and Property Tax Levy.
    · On Monday, October 11, at 7:00 p.m. in City Council Chambers, there will be two Public Hearings related to: 1) City-initiated Comprehensive Plan Amendments to modify the existing Meridian/Cordata Neighborhood Plan and 2) a Comprehensive Plan Amendment and site-specific rezone for Area 23 of the Meridian/Cordata Neighborhood.
    · On Monday, October 25, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding York Neighborhood Plan amendments.
    · On Monday, November 1, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding Silver Beach Neighborhood Plan amendments.

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


APPROVAL OF MINUTES

BUCHANAN / WEISS moved approval of the September 13, 2010 minutes of the regular Council Meetings submitted. MOTION CARRIED 6-0.


15 - MINUTE PUBLIC COMMENT PERIOD

Tim Moore, said speed cameras in the school zones are acceptable but he does oppose the red light cameras [AB 18977].

Yoshé Revelle spoke in support of a healthy lifestyle.

Leonard Lindstrom discussed social issues.

Marc Dunaway opposes the red light cameras [AB 18977].

Randy Elmore opposes the red light cameras and feels the issue should be put to a public vote.

Warren Gibbons took issue with penalty fees for delinquent water accounts [AB 18975]; residential sprinklers systems with regard to the International Fire Code [AB 18976]; and red light cameras [AB 18977]. He feels traffic cameras are not a public safety issue but a revenue issue and should be put to public vote.

Bruce Deile supports the red light camers and likes that they would be funded by violators, not taxpayers, but is concerned about privacy issues.

Johnny Grames discussed concerns about the locked doors at City Hall. [Ed. Note: security access control systems installed in 2010.]

Wendy Harris objected to the use of Greenway Levy Funds in the amount of $4 million to build a one-half mile cement walkway over Bellingham Bay in order to connect Boulevard Park to waterfront redevelopment land located at the Cornwall Landfill. She said that because the walkway is being built far in advance of the anticipated landfill cleanup, one end of the walkway will remain blocked off from the public for an undetermined number of years. She said it is unjustifiable to spend funds on a trail unless it will be fully accessible to the public immediately after construction.

Thom Fischer asked council to reconsider moving forward on the red light cameras. He suggested that the use of radar speed display signs in school zones would be more effective and feels that enforcement should not be handed off to third party [AB 18977].

Tim Mayock spoke in opposition to red light cameras [AB 18977].


PRESENTATION(S)

AB18968 1. AWARD PRESENTATION FROM NORTHWEST CLEAN AIR AGENCY TO THE POST POINT WASTEWATER TREATMENT PLANT

David Webster, Chief Administrative Officer presented the Gold Award from the Northwest Clean Air Agency to Bob Bandarra, Superintendent of Operations for the Post Point Wastewater Treatment Plant.

Information only.



PUBLIC HEARING(S)

AB18969 CB 13643
1. AMENDMENT AND REZONE WITHIN THE CENTRAL BUSINESS DISTRICT NEIGHBORHOOD PLAN (SEAVIEW)

Steve Sundin, Planner presented the staff report. The proposal is consistent with goals and polices of the Comprehensive Plan and growth management planning elements, and would allow the applicant to expand and provide additional jobs. He showed drawings of the view analysis conducted and verified that the impacts would be minimal.

Phil Riise, President, Seaview Boat Yard [applicant] said that if the change in zoning is approved it would allow him to increase his workforce and be more competitive with his competitors located between Seattle, WA and Vancouver, B.C.

Council President Knutson opened the public hearing.

Jeffrey Smith has a tour boat business in Bellingham. He supports the rezone, agreed that view impacts would be minimal and confirmed the need for the applicant to enlarge their structure.

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

BUCHANAN / SNAPP moved approval for first and second reading. MOTION CARRIED 6-0


AB18970 CB 13644
2. AMENDMENT TO THE HAPPY VALLEY NEIGHBORHOOD PLAN (GREEN INFRASTRUCTURE)

Steve Sundin, Planner provided the staff report. The amendment that the neighborhood has proposed would add to the goals and policies of the neighborhood plan, which are intended to allow the neighborhood to further develop their green infrastructure plan. The plan would help to preserve, protect, restore and identify areas where there are trees and forest corridors and natural drainage systems. He feels this would be a good model for other neighborhoods to follow and because of the volunteer efforts of the neighborhood association, the proposal will not require additional staff time to provide code changes. This is not regulatory and is respectful of private property rights.

Wendy Sherrer, representing the Happy Valley Neighborhood Association, provided a Power Point presentation describing the Association’s work and expectations of the proposed changes.

Council President Knutson opened the public hearing.

Mary Petty took issue with zoning practices and is concerned that not all the residents are aware of the proposed changes.

Dunham Gooding supports the changes proposed. He said they are an inspiration and hopes other neighborhood associations will consider adopting these processes and methodology for dealing with aesthetics.

Jim Spike supports the proposal.

John Himés supports the proposal.

Bobbi Vollendorff described the extensive work of the neighborhood association and spoke in support of the proposal.

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

BORNEMANN / BUCHANAN moved to direct staff to bring forward the proposed ordinance. MOTION CARRIED 6-0

Council Members Bornemann, Weiss and Lilliquist expressed interest in putting together a plan similar to this to be used city-wide.

BREAK
Council President Knutson called the meeting back to order at 8:32 p.m.


AB18971 CB 13648
3. COMPREHENSIVE PLAN AMENDMENT AND REZONE OF AREA 1C OF THE HAPPY VALLEY NEIGHBORHOOD (WWU)

Brian Smart, Planner reviewed the criteria considered for the rezone as detailed in Bellingham Municipal Code 20.19.030. Staff believes the proposal meets the rezone criteria as it is an effective use of land for the university and will not adversely affect the health, safety and welfare of the surrounding community. The proposed changes are consistent with the Comprehensive Plan, Happy Valley Neighborhood Plan and Western Washington University’s (WWU) Institutional Master Plan (IMP). Staff and the Planning Commission recommend approval. Mr. Smart noted that both the 25th Street and 26th Street rights-of-way are 60’ wide and the alley in-between is 20’ wide. He added that WWU’s IMP explains that vacating the 26th Street ROW needs to be done and should be considered in exchange for a re-dedication of 60’ on the abutting 25th Street. This area will be dedicated as open space with a public trail.

Keith Schreiber representing WWU projected and explained three conceptual development proposals for the area entitled “The Park”, “The Garden” and “The Forest”. He urged support of the proposed amendment and rezone.

Council President Knutson opened the public hearing.

John Himés supports the proposal.

Dunham Gooding supports the proposal but did note that a traffic light will be installed soon at Bill McDonald Parkway that will shift pedestrian traffic from 24th to 25th Street. He suggested that the plans proposed by Western should include sidewalks and an entrance to this property at the southwest corner so that it weaves in through the forest area and joins up with the other pathway.

Mary Petty is concerned that this area is overbuilt and said it needs a neighborhood park.

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

Rick Benner, Executive Director Capital Planning & Development, Western Washington University. Mr. Benner responded to an inquiry by Council Member Weiss and explained that the ‘trigger’ for updating the IMP is 4 million s.f. The University is currently at about 3 million s.f.

WEISS / SNAPP moved approval for first and second reading. MOTION CARRIED 6-0


REPORTS OF COMMITTEES

COUNCIL STANDING COMMITTEE MEETINGS:

WATERFRONT DEVELOPMENT COMMITTEE
MEMBERS: CHAIR, JACK WEISS; TERRY BORNEMANN; MICHAEL LILLIQUIST; SETH FLEETWOOD

AB18972 1. WATERFRONT REDEVELOPMENT PROJECT UPDATE

Council Member Weiss reported on the staff presentation made during committee. The Waterfront Advisory Group has voted unanimously to refer the Master Plan and Development Regulations to the Planning Commission. The staff at both the City and the Port of Bellingham are working hard to get their application ready to submit to the Planning Department. The Committee expressed its’ desire to have information on the status of clean up, financial information associated with the project, multi modal changes and negotiations with regard to the planned action ordinance.

Information only.


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

AB18951 CB 13645

1. AN ORDINANCE ADOPTING THE FOUNTAIN DISTRICT URBAN VILLAGE SUBAREA PLAN AND CORRESPONDING CHANGES TO THE ZONING AND DEVELOPMENT REGULATIONS

AN ORDINANCE RELATING TO LAND USE PLANNING AND ZONING ESTABLISHING THE FOUNTAIN DISTRICT URBAN VILLAGE SUBAREA PLAN, AMENDING PORTIONS OF LAND USE AREAS 3 AND 8, AND ALL OF THE AREAS 6 AND 10 OF THE COLUMBIA NEIGHBORHOOD PLAN; AREAS 9, 10, 11, 11A OF THE CORNWALL PARK NEIGHBORHOOD PLAN; A PORTION OF AREAS 3 AND 8, AND ALL OF AREAS 2 AND 5 OF THE LETTERED STREETS NEIGHBORHOOD PLAN; AND AMENDING THE LAND USE DEVELOPMENT CODE (TITLE 20) FOR THE PURPOSE OF ADOPTING THE FOUNTAIN DISTRICT URBAN VILLAGE SUBAREA PLAN AND ASSOCIATED DEVELOPMENT REGULATIONS.”

BORNEMANN / WEISS moved approval for first and second reading.

Council Member Buchanan and Council President Knutson have concerns about the parking issues on Elm Street and will not support the proposal.

Council Member Weiss explained that the Transportation Commission is exploring ideas that may help with concerns surrounding the parking issues. MOTION CARRIED 4-2, BUCHANAN, KNUTSON opposed


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

AB18973 1. CONVEYANCE OF CITY OWNED PROPERTY AT CORNWALL AVENUE AND MAPLE STREET TO THE BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY

BUCHANAN / SNAPP moved to authorize the Mayor to execute the agreement for transfer of the 1100 Cornwall - Northeast Corner of Cornwall Avenue and East Maple Street property to the Bellingham Public Development Authority for no monetary consideration. MOTION CARRIED 6-0.


AB18974 CB 13646
2. A 2010 BUDGET ORDINANCE FOR THE RECEIPT OF AN ASSIGNMENT OF FUNDS FROM BANK OF THE PACIFIC FOR CONSTRUCTION OF TULL ROAD

AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $214,680.00 FROM TRANSPORTATION DEVELOPMENT FEES IN THE STREET FUND TO CONSTRUCT THE TULL SHORT PLAN ACCESS ROAD.”

BUCHANAN / SNAPP moved approval for first and second reading. MOTION CARRIED 6-0.


AB18975 3. AN ORDINANCE AMENDING BMC 15.04 RELATING TO UTILITY BILL DELINQUENCIES

AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 15.04 RELATING TO UTILITY BILL DELINQUENCIES.”

Staff pulled this item from the agenda; it will be brought back before council at a later date to clarify delinquency charges.


AB18976 4. FIRE DEPARTMENT BRIEFING ON INTERNATIONAL FIRE CODE APPLICATION AND ENFORCEMENT

Information only.


AB18977 5. AN ORDINANCE ADDING A NEW SECTION TO BMC 11.16 TO AUTHORIZE AND REGULATE AUTOMATED TRAFFIC SAFETY CAMERAS

AN ORDINANCE ADDING A NEW SECTION TO THE BELLINGHAM MUNICIPAL CODE TO AUTHORIZE AND REGULATE AUTOMATED TRAFFIC SAFETY CAMERAS.”

Consideration of ordinance postponed until a public hearing is held on October 4, 2010. [Ed. Note: Public Hearing was cancelled.]


COMMITTEE OF THE WHOLE
CHAIR, GENE KNUTSON

AB18978 CB 13647
1. CLOSED RECORD HEARING TO CONSIDER A PETITION TO VACATE THE PORTION OF COWGILL AVENUE ABUTTING BLOCK 147, PLAT OF FAIRHAVEN LAND COMPANY’S SECOND ADDITION TO FAIRHAVEN

Council President Knutson reported that the council voted unanimously during the Closed Record Hearing to accept the petition for the alley vacation.

“AN ORDINANCE RELATING TO THE VACATION OF THE ENTIRE PORTION OF COWGILL AVENUE ABUTTING BLOCK 147, PLAT OF FAIRHAVEN LAND COMPANY’S SECOND ADDITION TO FAIRHAVEN, BETWEEN 19TH AND 20TH STREETS, ALL SITUATED WITHIN THE CITY OF BELLINGHAM.”

SNAPP / LILLIQUIST moved approval for first and second reading. MOTION CARRIED 6-0.

          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 information on a potential property acquisition. Direction provided to staff. No action taken.

2. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Direction provided to staff. No action taken.

3. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Direction provided to staff. No action taken.

4. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Direction provided to staff. No action taken.

5. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Direction provided to staff. No action taken.

6. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Direction provided to staff. No action taken.

7. POTENTIAL LITIGATION: Staff briefed Council on the negotiations with the Washington State Department of Ecology regarding the First Amendment to Agreed Order for the R.G. Haley Site. The amendment substitutes the City of Bellingham for Douglas Management Company as the party responsible for completing a Remedial Investigation and Feasibility Study for the contamination on the R.G. Haley Site. The City assumed all of the Douglas Management Company's remedial responsibilities as part of the acquisition of the property in the fall of 2009.

LILLIQUIST / SNAPP moved to authorize the Mayor to enter into the First Amendment to Agreed Order. MOTION CARRIED 6-0.

8. POTENTIAL LITIGATION: Staff briefed Council on the negotiations with the Washington State Department of Ecology regarding the Agreed Order for the Eldridge Municipal Landfill Site. The City is a potentially liable party under the Model Toxics Control Act for landfill contamination at the site, which is located in Little Squalicum Park. The Agreed Order directs the City of Bellingham to conduct a Remedial Investigation and Feasibility Study for the site.

WEISS / SNAPP moved to authorize the Mayor to enter into the Agreed Order. MOTION CARRIED 6-0.



MAYOR'S REPORT

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

Mayor Pike reported to the Council that Georgia Pacific has filed for a demolition permit for the steam plant building and the tall stack on their property.


AB18985 2. MAYOR’S REAPPOINTMENT OF BOB ROSS TO THE DESIGN REVIEW BOARD

SNAPP / BORNEMANN moved to authorize the Mayor’s reappointment of Bob Ross to the Design Review Board, term ending September 25, 2014. MOTION CARRIED 6-0.


AB18979 3. MAYOR’S APPOINTMENT OF NICHOLAS SUND AND REAPPOINTMENT OF WARREN ROSENTHAL TO THE MAYOR’S NEIGHBORHOOD ADVISORY COMMISSION

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.

AB18980 1. LITTLE SQUALICUM PARK PLANTING AND MAINTENANCE BID AWARD, BID #39B-2010

AB18981 2. BID AWARD FOR WATER TREATMENT PLANT MOTOR CONTROL CENTER – 1 (MCC-1), BID #56B-2010

AB18982 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM SEPTEMBER 3, 2010 TO SEPTEMBER 10, 2010

AB18983 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM SEPTEMBER 10, 2010 TO SEPTEMBER 17, 2010

AB18984 5. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM AUGUST 16, 2010 TO AUGUST 31, 2010

WEISS / SNAPP moved to approve the Consent Agenda in its entirety. MOTION CARRIED 6-0.


FINAL CONSIDERATION OF ORDINANCES

AB18952 1. CB 13642
AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $235,720.19 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE FLEET FUND TO PURCHASE NINE CROWN VICTORIA POLICE PATROL VEHICLES AHEAD OF SCHEDULED REPLACEMENT DATES IN 2011 AND 2012

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

MOTION CARRIED 6-0 and was thereafter named Ordinance #2010-09-056




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: 10/11/2010



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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