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CITY COUNCIL AGENDA FOLLOW UP: December 02, 2013

Call to Order
Announcements & Upcoming Meetings:
    On Monday, December 2, at 7:00 PM, in City Council Chambers, the Waterfront Sub Area Plan and associated documents will be before the Bellingham City Council for consideration and adoption.
    On Monday, December 9, at 7:00 PM, in City Council Chambers, there will be a public hearing to consider Comprehensive Plan Amendments to add narratives and modify the land use designation maps for the following neighborhood areas: Samish Area 5A, Happy Valley Area 5A, and Cordata Area 17A
    On Monday, December 16, at 7:00 PM, in City Council Chambers, there will be a public hearing to consider an Interlocal Agreement and Conservation Easement with the Chuckanut Community Forest Park District

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

Led by County Executive Jack Louws.
Roll Call

All present.
Approval Of Minutes

None submitted.
AB20204 1. Consideration of the City of Bellingham's 2014 Budget

Public hearing held.
Information only.
Public hearing held.
Information only.
15-Minute Public Comment Period


BREAK
Council President Fleetwood called the meeting back to order at 9:40 p.m.
Committee Of The Whole
Seth Fleetwood, Chair
Jack Weiss, Gene Knutson, Cathy Lehman, Stan Snapp, Michael Lilliquist, Terry Bornemann
Items heard by the Committee of the Whole were heard out of order from the original agenda. Item number indicates the original order of the items.
AB20063 1. Waterfront District Sub Area plan and Associated Documents

Information only.
Information only.
AB20208 7. An Ordinance adopting amendment to the Bellingham Comprehensive Plan and Land Use Development Code for the Waterfront District Sub Area Plan and related code provisions

AN ORDINANCE RELATED TO LAND USE PLANNING AND ZONING, AMENDING THE BELLINGHAM COMPREHENSIVE PLAN, AMENDING THE CBD NEIGHBORHOOD PLAN, INCLUDING LAND USE AREAS 2B, 4, 7, 11, 14, 15, 17, 20 AND 21, AND AMENDING THE LAND USE DEVELOPMENT CODE (TITLE 20), FOR THE PURPOSE OF ADOPTING THE WATERFRONT DISTRICT SUB-AREA PLAN AND ASSOCIATED DEVELOPMENT REGULATIONS AND DESIGN STANDARDS.”

KNUTSON / BORNEMANN moved approval for first and second reading.
BORNEMANN / LILLIQUIST moved to amend the Sub-Area Plan as described by staff. MOTION CARRIED 7-0.
MAIN MOTION CARRIED 6-1, WEISS opposed.
1st & 2nd APPROVED AS AMENDED
AB20209 8. A Resolution adopting a fee schedule for the floor area development bonus in the Waterfront District

“A RESOLUTION ADOPTING A FEE SCHEDULE PAYABLE TO THE LAKE WHATCOM WATERSHED PROPERTY ACQUISITION PROGRAM IN EXCHANGE FOR FLOOR AREA DEVELOPMENT BONUSES IN THE WATERFRONT DISTRICT URBAN VILLAGE.”

KNUTSON / BORNEMANN moved final approval of Resolution #2013-27. MOTION CARRIED 7-0.
Res. #2013-27
APPROVED
AB20210 9. An Ordinance amending Title 16 of the Bellingham Municipal Code [BMC] to adopt the Waterfront District Planned Action Ordinance

“AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON ESTABLISHING A NEW CHAPTER IN BELLINGHAM MUNICIPAL CODE TITLE 16 - ENVIRONMENT AND CREATING THE WATERFRONT DISTRICT PLANNED ACTION PURSUANT TO THE STATE ENVIRONMENTAL POLICY ACT.”

KNUTSON / SNAPP moved approval for first and second reading. MOTION CARRIED 6-1, WEISS opposed.
1st & 2nd APPROVED
AB20211 10. A Resolution authorizing the Mayor to enter into a Development Agreement with the Port of Bellingham to implement the City of Bellingham's Waterfront District Sub Area Plan

A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH THE PORT OF BELLINGHAM TO IMPLEMENT THE CITY OF BELLINGHAM’S WATERFRONT DISTRICT SUB-AREA PLAN.”

KNUTSON / LEHMAN moved final approval of Resolution #2013-28.
LILLIQUIST / KNUTSON moved to amend the Development Agreement as described by staff. MOTION CARRIED 7-0.
MOTION CARRIED 6-1, WEISS opposed.
Res. #2013-28 APPROVED AS AMENDED
AB20186 2. A Resolution Declaring Certain Real Property within the Waterfront District Surplus to the City of Bellingham

Continued from November 18, 2013 meeting.

KNUTSON / SNAPP moved final approval of Resolution #2013-25. MOTION CARRIED 6-1, WEISS opposed.
Res. #2013-25 APPROVED
AB20212 11. Consideration of the Interlocal for Facilities within the Waterfront District with the Port of Bellingham ("Facilities Interlocal") to implement the Waterfront District Sub Area Plan

KNUTSON / SNAPP moved to authorize the Mayor to enter into an Interlocal Agreement for Facilities with the Port of Bellingham
LEHMAN / SNAPP moved to amend the Interlocal Agreement as described by staff. MOTION CARRIED 7-0.
MAIN MOTION CARRIED 6-1, WEISS opposed.
APPROVED AS AMENDED
AB20205 3. A Closed Record Hearing to consider a petition to vacate portions of West Ivy Street, H Street, Central Avenue, Laurel Street and West Maple Street within the Waterfront District

“AN ORDINANCE RELATING TO THE VACATION OF CERTAIN PORTIONS OF WEST IVY STREET, H STREET, CENTRAL AVENUE, LAUREL STREET AND WEST MAPLE STREET ALL GENERALLY LOCATED WITHIN THE WATERFRONT DISTRICT ALL WITHIN THE CITY OF BELLINGHAM.”

Council President Fleetwood reported that council voted unanimously during the Closed Record Hearing to accept the Findings of Fact, Conclusions and Recommendations of the Hearing Examiner and approve the petition to vacate portions of West Ivy Street, H Street, Central Avenue, Laurel Street and West Maple Street within the Waterfront District. Compensation for the vacation of the right-of-ways as set forth in the Interlocal Agreement for Facilities as was approved.
KNUTSON / BORNEMANN moved approval for first and second reading. MOTION CARRIED 6-1, WEISS opposed.
Report of Closed Record Hearing.
1st & 2nd APPROVED
AB20206 4. A Closed Record Hearing to consider a petition to vacate portions of Army Street, Central Avenue, Oak Street and Portions of C, D, E and F Streets within the Waterfront District

“AN ORDINANCE RELATING TO THE VACATION OF CERTAIN PORTIONS OF ARMY STREET, CENTRAL AVENUE, OAK STREET AND C, D, E, F STREETS ALL GENERALLY LOCATED WITHIN THE WATERFRONT DISTRICT ALL WITHIN THE CITY OF BELLINGHAM.”

Council President Fleetwood reported that council voted unanimously during the Closed Record Hearing to accept the Findings of Fact, Conclusions and Recommendations of the Hearing Examiner and approve the petition to vacate portions of Army Street, Central Avenue, Oak Street and portions of C, D, E and F Streets within the Waterfront District. Compensation for the vacation of the right-of-ways as set forth in the Interlocal Agreement for Facilities as was approved.

BORNEMANN / KNUTSON moved approval for first and second reading. MOTION CARRIED 6-1, WEISS opposed.
Report of Closed Record Hearing.
1st & 2nd APPROVED
AB20207 5. A Closed Record Hearing to consider a petition to vacate a portion of G Street between Roeder Avenue and West Maple Street within the Waterfront District

“AN ORDINANCE RELATING TO THE VACATION OF THE FULL WIDTH OF G STREET BETWEEN THE SOUTHWESTERLY LINE OF ROEDER AVENUE AND THE SOUTHWESTERLY LINE OF WEST CHESTNUT STREET GENERALLY LOCATED WITHIN THE WATERFRONT DISTRICT, ALL WITHIN THE CITY OF BELLINGHAM.”

Council President Fleetwood reported that council voted unanimously during the Closed Record Hearing to accept the Findings of Fact, Conclusions and Recommendations of the Hearing Examiner and approve the petition to vacate portions G Street between Roeder Avenue and West Maple Street within the Waterfront District. Compensation for the vacation of the right-of-ways as set forth in the Interlocal Agreement for Facilities except as provided in Section 2 of this ordinance providing that the sum of $53,272.00 is deposited to the City of Bellingham by the petitioner abutting the southern one-half of the right-of-way (Sanitary Services Company) prior to third and final reading of this ordinance.

LEHMAN / KNUTSON moved approval for first and second reading. MOTION CARRIED 6-1, WEISS opposed.
Report of Closed Record Hearing.
1st & 2nd APPROVED
AB20188 6. Consideration of two amendments to the City's Shoreline Master Program [SMP] within the Waterfront District shoreline designation

“A RESOLUTION AUTHORIZING THE CITY OF BELLINGHAM TO FORWARD PROPOSED AMENDMENTS TO BELLINGHAM MUNICIPAL CODE (BMC) TITLE 22, SHORELINE MASTER PROGRAM TO THE DEPARTMENT OF ECOLOGY FOR REVIEW AND APPROVAL.

Continued from November 18, 2013 meeting.

BORNEMANN / KNUTSON moved final approval of Resolution #2013-26. MOTION CARRIED 4-3, LILLIQUIST, SNAPP, WEISS opposed.
Res. #2013-26 APPROVED
AB20197 12. Army Street Memorandum of Agreement

Continued from November 18, 2013 meeting.

BORNEMANN / WEISS moved to authorize the Mayor to enter into a Memorandum of Agreement with the MOA parties; George Dyson, Trillium Corporation, Bellingham Public Development Authority (BPDA), Wright Angle, LLC, Donna MacDonald Trust and Thornberg Trust. (Additional properties may become MOA Parties).
KNUTSON / LILLIQUIST moved to amend the Memorandum of Agreement as described by staff. MOTION CARRIED 6-1, LEHMAN opposed.
MAIN MOTION CARRIED 5-2, LEHMAN, SNAPP opposed.
APPROVED
          13. Approval of City Council Committee and/or Special Meeting minutes

None submitted at evening meeting.
          14. Old/New business

None presented.
Mayor's Report
          1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.
Final Consideration of Ordinances
AB20187 1. AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE (BMC) 20.38.050 B. 3. DENSITY AND BMC 20.00.095 KING MOUNTAIN NEIGHBORHOOD TABLE OF ZONING REGULATIONS CLARIFYING AND ADDING DENSITY BONUS PROVISIONS FOR MULTI-FAMILY PLANNED DEVELOPMENTS

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2013-12-083

Ord. #2013-12-083 APPROVED
AB20190 2. AN ORDINANCE RELATING TO THE 2013 BUDGET INCREASING REVENUE IN THE PUBLIC WORKS DEPARTMENT, STORM AND SURFACE WATER FUND, BY $170,000.00 AS A RESULT OF A GRANT FROM THE DEPARTMENT OF ECOLOGY FOR NPDES ACTIVITIES AND PROJECT ENGINEERING, AND APPROPRIATING RELATED EXPENDITURES

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2013-12-084

Ord. #2013-12-084 APPROVED
AB20192 3. AN ORDINANCE AMENDING THE 2013 BUDGET APPROPRIATING $45,000.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE GOLF COURSE FUND TO PAY FOR REPAIRS AND MAINTENANCE AT THE GOLF COURSE

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2013-12-085

Ord. #2013-12-085 APPROVED
AB20193 4. AN ORDINANCE RELATING TO THE 2013 BUDGET INCREASING REVENUE IN THE PUBLIC WORKS DEPARTMENT, WATER FUND, BY $150,000.00 AS A RESULT OF A GRANT FROM THE STATE OF WASHINGTON AQUATIC LANDS ENHANCEMENT ACCOUNT FOR DEVELOPMENT AND RESTORATION OF THE SHORELINE AT BLOEDEL DONOVAN PARK, AND PLACING THIS AMOUNT IN ESTIMATED ENDING UNDESIGNATED RESERVES

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2013-12-086

Ord. #2013-12-086 APPROVED
AB20196 5. AN ORDINANCE RELATING TO THE VACATION OF AN UNNAMED EAST WEST RIGHT-OF-WAY GENERALLY LOCATED NORTH OF WEST BAKERVIEW ROAD BETWEEN ARCTIC AVENUE AND PACIFIC HIGHWAY ALL WITHIN THE CITY OF BELLINGHAM

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2013-12-087

Ord. 2013-12-087 APPROVED
AB20200 6. AN ORDINANCE RELATING TO THE 2013 BUDGET APPROPRIATING AN ADDITIONAL $32,900.00 IN THE POLICE DEPARTMENT, GENERAL FUND, AS A RESULT OF A GRANT AWARD FROM THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY TO PURCHASE AN AUTOMATED LICENSE PLATE RECOGNITION SYSTEM

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2013-12-088

Ord. 2013-12-088 APPROVED
Adjournment
There being no further business, the meeting adjourned at 9:53 p.m.
Next City Council Meeting
Monday, December 9, 2013


Disclaimer: This document is provided as a courtesy follow up of the City Council meeting. This document is not to be considered the minutes from the meeting rather a report of the action taken by Council. All information contained herein is subject to change upon further review of the tapes of proceedings and composure of the minutes from the meeting. Your comments and suggestions are welcome.
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