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You are here: Home) Government) Council) Meeting Materials) November 21, 2011


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, November 21, 2011, 07:00 PM
Book: 65, Page: 1


REGULAR MEETING


Called To Order The meeting was called to order by Council President Stan Snapp with the Pledge of Allegiance led by Rob Wilson.

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)

None.

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


APPROVAL OF MINUTES

KNUTSON / FLEETWOOD moved approval of the November 7, 2011 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0


15 - MINUTE PUBLIC COMMENT PERIOD

Randy Elmore spoke to the contract with American Traffic Solutions (ATS). He is a member of the Transportation Safety Coalition and has requested collusion data from the city for the Guide Meridian (State Route 539) and Telegraph Road. It took one month to get the information and it was not comprehensive enough to base any kind of a decision on; especially red light cameras. He requested the same data from the State and had it in less than 24 hours and it was extremely comprehensive. Based on a study from Gibson Traffic Solutions, Everett, WA, the Coalition feels that red light cameras are not warranted and may increase rear-end collisions. He said, this project needs to be stopped now. More than two-thirds of the voters of this city said, 'no to red light cameras'; the council has a moral obligation to abrogate this contract.

Bruce Deile (homeless) stated that there is a two to three year wait for the Federal Section 8 housing list. He has recently been trespassed from public buildings and would like to know why. Additionally, he took issue with the Occupy Bellingham movement.

Nancy Lloyd addressed a public notice regarding a Puget Sound Energy (PSE) Substation (SEP2011-00035 at 2200 Nevada) regarding voluntary remediation of contaminated soils. She asked the council to deny PSE. [Staff contacted Ms. Lloyd and reviewed the issue with her.]

Johnny Grames thanked Mayor Pike and Council Member Buchanan for their service to the community.

Erin Donald thanked city administration and staff for respecting the Occupy Bellingham movement.

Christina Bruehler thanked city administration and staff for respecting the Occupy Bellingham movement. She noted that, following the GP cleanup [Georgia Pacific site] the area should be considered as a location to bring a wider venue for artists, including musicians, painters, poets and sculptures that would increase employment in this area.

Mark Parrish appreciated the Mayor’s Proclamation of Pancreatic Cancer Awareness Month and will accept the proclamation in memory of his brother. He hopes to make the public more aware of this disease.

Shane Roth thanked city administration and staff for respecting the Occupy Bellingham movement.

Eric Goleen is involved with the Occupy Bellingham movement and likened the responsibilities of politicians to the story of Pinocchio and urged listening to Jiminy Cricket not Stromboli.

Herb Goodwin stated that coal in the Powder River basin needs to stay in the ground and expressed his thanks to Mayor Pike for his service.

Clayton Petree appreciated the possibilities for job creation happening in the downtown district due to good pedestrian traffic and ease of access. He feels good things have been happening there even during the recession and expects things to pick up in that area.



PRESENTATION(S)

AB19387 1. Mayor’s Proclamation of November as “Pancreatic Cancer Awareness Month”

Mayor Pike presented the proclamation to Mr. Parrish. Information only.



PUBLIC HEARING(S)

AB19342 1. City of Bellingham 2012 Budget

Brian Henshaw, Budget Manager reviewed the proposed modifications to the budget.

Council President Snapp opened the public hearing.

Captain Tim Case asked that funding be retained for the Fire Belle, a fire boat for Bellingham and the surrounding community.

Captain Michael Ray asked council to retain funding for the Fire Belle, the Bellingham fire boat. It is the only marine based fire suppression boat in Bellingham Bay

The public hearing will remain open until December 5, 2011.

Information only.


AB19376 2. City/County Interlocal Agreement concerning planning, annexation and development review in Bellingham’s urban growth area

Greg Aucutt, Senior Planner introduced the proposal and explained that staff from other jurisdictions had helped develop the draft.

He explained that if there are only minor changes, the council could authorize the agreement and send it to the county or if more substantive changes are needed, then the draft should be returned to staff.

Council President Snapp opened the public hearing.

Michael Chiavario, representing Responsible Development, asked that the city take time and properly engage with the citizenry, staff and experienced experts on this critical and important issue that will clearly affect Bellingham’s future as a viable and livable city. He encouraged the council to take time to develop this agreement. He asked that a large number of representatives, reflecting the city’s population, be appointed to the Growth Management Council and urged that the public have direct representation on the Technical Advisory Committee to ensure meaningful public input. Additionally, the issue of county impact fees must be resolved.

Wendy Harris spoke in opposition to the proposed Interlocal agreement as it does not further the city's best interest. She made the following comments:
    In negotiating this agreement the Planning staff should be afforded some latitude; however, a line in the sand needs to be drawn when fundamental Growth Management Act (GMA) goals are being compromised.
    The interlocal agreement requires a predetermination that the city and county will use a middle range population projection. Bellingham would be relinquishing the normal discretion afforded under state law to work within a range of population projections. The agreement would make adjustments to the preferred mid-range population difficult even when based on updated and more accurate information. The provision was drafted for the benefit of the smaller cities in Whatcom County who wish to increase the size of their UGA’s regardless of actual population growth and without obligation for increased density and infill. Requiring predetermined mid-range population projections supports political manipulation of the UGA planning process, oversized UGA’s and sprawl.
    The agreement does not contain adequate public process. The procedures reflected in the interlocal agreement do not comply with the requirements of the 2011 Whatcom County Public Participation Plan. City Council should not approve any contract that conflicts with the county’s public participation plan.

Written comments were submitted to council. Ms. Harris feels that the correct course is to send this agreement back to the Planning staff for additional revision and renegotiation.

Clayton Petree made reference to the Whatcom County Land Capacity analysis and made the following comments with regard to the proposed agreement.
    Written comments were submitted earlier regarding the Office of Financial Management (OFM) median projection and the bands of uncertainty that OFM attaches to them.
    It is appropriate to have language about how to begin the population projection conversation.
    OFM projections have proven to be low, and the 2010 projection is low, based on the 2010 census numbers.
    Beginning with the OFM median would be a reasonable starting point that both sides of the conversation could agree with; what's missing is a date certain to have the new population projection and allocations adopted.
    Propose adding a sentence to Section E stating that the 2036 population and employment growth projection and allocation shall be adopted within 90 days of their release by the OFM. This would allow time to review the current situation and would give the cities and county numbers to work with through the planning process. It is impossible to get things started until those numbers are known. The hearings board has said that the adoption of new population projections is the triggering event for the revision of the planning period and comprehensive plan.
    Compare the historical capture rate of Bellingham of over 60% when it was doing well, to the current capture rate, which is below 20% of all the population growth in Whatcom County. That 40% gap is Bellingham’s contribution to rural and resource land sprawl.
    Some of Bellingham’s UGA’s are approaching 20 years. The county might be forced to find other service providers, besides Bellingham, for these areas. The county is going to have to start looking at ensuring that these Urban Growth Areas can develop to urban densities and to their zone density. These must be considered when looking at a 10 year agreement because they hit that 20 year mark in 2015 or 2017.
Todd Donovan made the following points:
    take time to consider this, perhaps keep the public comment period open longer;
    let’s think bigger in terms of what we want to get out of this;
    get tools to fight sprawl and to help the city's interest;
    nothing in the local agreement really provides for meaningful public process;
    reexamine the language in Section 2;
    vague language: ‘should additional land be added to the UGA’, 'the county might consider requiring certain amenities’;
    do planning based on achieved densities vs. potential densities;
    Section E: why have the GMCC in the interlocal agreement if the agreement essentially says, ‘we’re going to use OFM’s mid-range projection’.
    Section H deleted about residential zoning – not clear why;
    Section 4 re school impact fees for school districts – this is the tip of the iceberg.

This agreement should be an opportunity to use as a tool for some bigger opportunities for the city.

The public hearing will remain open.

Council directed staff to schedule a worksession on December 5, 2011.

    REPORTS OF COMMITTEES

    Council Standing Committee Meetings:

    Planning & Community Development
    Members: Chair, Jack Weiss; Michael Lilliquist; Seth Fleetwood; Gene Knutson

    AB19388 1. Update on Fairhaven Neighborhood and urban village planning effort

    Council Member Weiss reported on the presentation made during committee. There will be reviews by various advisory committees; the Planning Commission in March and it will be returned to council in late May or early June.

    Information only.


    Committee Of The Whole
    Chair, Stan Snapp

    AB19370 1. Community indicators and city government performance metrics in support of the City Council’s Legacies and Strategic Commitments

    KNUTSON / BORNEMANN moved to approve the community indicators and city government performance metrics as presented during committee. MOTION CARRIED 7-0.


    AB19360 2. Discussion of ordinance amending the Bellingham Municipal Code to regulate unreasonably bothersome noises generated by domesticated fowl such as roosters prior to consideration for adoption on Third & Final Reading.

    No additional revisions proposed. See action under Final Consideration of Ordinances.

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

    None submitted at evening meeting.

            4. Old/New business

    None presented.


    Executive Session – Report and action only.

    1. Potential Property Sale: Staff provided information on a potential property sale. Information only. No action taken.

    2. Potential Litigation: Outside counsel provided information on a potential litigation matter.

    WEISS / BORNEMANN moved to authorize appeal of Department of Ecology’s decision to issue a NPDES construction permit for the Squalicum Ridge Road project. MOTION CARRIED 7-0.

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

    4. Litigation: Caitac Rezone SEPA Appeals: Staff provided information on this litigation matter. Direction given. No action taken.


    MAYOR'S REPORT

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

    AB19389 2. Mayor’s reappointment of Dan Welch and John Erickson to the Mayor’s Neighborhood Advisory Commission for Council’s information

    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.

    AB19390 1. Bid award for precast concrete products bids, 60B-2011

    AB19391 2. Ordinance closing the Olympic Restoration Fund and transferring the remaining balance to the Natural Resource Protection and Restoration Fund.

    AN ORDINANCE RELATING TO THE 2011 BUDGET FOR THE PURPOSE OF CLOSING THE OLYMPIC RESTORATION FUND AND TRANSFERRING ANY REMAINING BALANCE TO THE NATURAL RESOURCE PROTECTION AND RESTORATION FUND.”

    AB19392 3. Authorization of check issue for accounts payable from October 28, 2011 to November 3, 2011

    AB19393 4. Authorization of check issue for accounts payable from November 4, 2011 to November 10, 2011

    AB19394 5. Authorization of check issue for Payroll from October 26, 2011 to November 10, 2011

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


    FINAL CONSIDERATION OF ORDINANCES

    AB19331 1. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON RELATING TO THE LEVYING OF TAXES AND ESTABLISHING THE AMOUNT TO BE RAISED IN 2012 ON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY

    WEISS / KNUTSON moved to approve the version of the ordinance, included in the agenda packet on pages 66-67, that includes banked capacity in the 2012 levy. MOTION CARRIED 5-2, BORNEMANN, SNAPP opposed.

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

    MOTION CARRIED 6-1 and was thereafter named Ordinance #2011-11-062


    AB19360 2. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING BELLINGHAM MUNICIPAL CODE 7.12.130

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

    MOTION CARRIED 6-1 and was thereafter named Ordinance #2011-11-063


    AB19380 3. AN ORDINANCE RELATING TO THE 2011 BUDGET RECOGNIZING RECEIPT OF DONATIONS TO THE LIBRARY GIFT FUND IN THE AMOUNT OF $53,524.00 AND APPROPRIATING RELATED EXPENDITURES

    KNUTSON / 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, SNAPP, WEISS
    NAYS:
    ABSTENTIONS:

    MOTION CARRIED 7-0 and was thereafter named Ordinance #2011-11-064




    ADJOURNMENT
    There being no further business, the meeting adjourned at 8:36 p.m.

    Stan Snapp, Council President

    ATTEST: Linda D. Anderson City Clerk Representative
    APPROVED: 12/12/2011



    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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