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) February 22, 2010
Ordinances and Resolutions
Request Public Record
Transportation Benefit District No. 1
RECORD OF PROCEEDING OF CITY COUNCIL
CITY OF BELLINGHAM, WASHINGTON
February 22, 2010
Called To Order
Council President Gene Knutson called the meeting to order at 12:30 p.m.
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
The Committee Meeting was adjourned to Executive Session to hear the following items:
1. LABOR RELATIONS
2. POTENTIAL PROPERTY ACQUISITION
3. POTENTIAL LITIGATION
4. POTENTIAL PROPERTY ACQUISITION
5. LITIGATION – HAYKIN V. CITY OF BELLINGHAM
6. LITIGATION – CALDWELL V. CITY OF BELLINGHAM
The Committee Meeting was called back to order at 1:30 pm
MEMBERS: CHAIR, JACK WEISS; STAN SNAPP; MICHAEL LILLIQUIST
AB18768 1. BID AWARD, WEST ILLINOIS/TIMPSON WAY STREET EXTENSION, BID NO. 95B-2009; PROJECT NO. ES-310
Presented by: Ravyn Whitewolf, Engineering Manager
Freeman Anthony, Public Works Engineering
SS/ML MOVED TO RECOMMEND APPROVAL
PARKS AND RECREATION COMMITTEE
MEMBERS: CHAIR, SETH FLEETWOOD; TERRY BORNEMANN; STAN SNAPP
AB18769 1. BID AWARD, CORDATA PARK PHASE 1 TRAILS, BID NO. 105B-2009
Presented by: Leslie Bryson, Parks & Recreation Design Development Manager
TB/SS MOVED TO RECOMMEND APPROVAL
FINANCE & PERSONNEL COMMITTEE
MEMBERS: CHAIR, STAN SNAPP; BARRY BUCHANAN; MICHAEL LILLIQUIST
AB18770 1. AN UPDATE BY THE CITY OF BELLINGHAM FIRE DEPARTMENT ON ISSUES WITH WHATCOM COUNTY RELATED TO THE 2010 MEDIC ONE BUDGET, THE PARAMEDIC TRAINING PROGRAM AND ANTICIPATED NEXT STEPS
Presented by: Fire Chief, Bill Boyd
Mayor Dan Pike
John Carter, Finance Director
WATERFRONT DEVELOPMENT COMMITTEE
MEMBERS: CHAIR, JACK WEISS; TERRY BORNEMANN; MICHAEL LILLIQUIST; SETH FLEETWOOD
AB18771 1. WATERFRONT REDEVELOPMENT PROJECT UPDATE
Presented by: Linda Stewart, Waterfront Special Projects
Mayor Dan Pike
AB18772 2. COUNCIL UPDATE ON THE ACTIVITIES OF THE BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY (BPDA)
Presented by: Jim Long, Executive Director, Bellingham Public Development Authority
AB18773 3. RESOLUTION REQUESTING ADVICE FROM THE WATERFRONT ADVISORY GROUP (WAG) CONCERNING THE WATERFRONT SUBAREA MASTER PLAN AND ASSOCIATED DOCUMENTS
Presented by: Jack Weiss, Council Representative Ward 1
Mayor Dan Pike
Joan Hoisington, City Attorney
SF/ML RECOMMENDED DIRECTING STAFF TO SEND DRAFT RESOLUTION TO WAG FOR THEIR REVIEW AND COMMENT
LAKE WHATCOM RESERVOIR COMMITTEE
MEMBERS: CHAIR, MICHAEL LILLIQUIST; BARRY BUCHANAN; STAN SNAPP
AB18774 1. CONSIDERATION OF THE LAKE WHATCOM WATERSHED ADVISORY BOARD’S RECOMMENDATIONS FOR THE CITY’S ONGOING WATERSHED LAND ACQUISITION PROGRAM
Presented by: Clare Fogelsong, Public Works, Environmental Resources Manager
Mayor Dan Pike
BB/SS RECOMMENDED DIRECTING STAFF TO REVIEW AND BRING FORWARD RECOMMENDATIONS
COMMITTEE OF THE WHOLE
CHAIR, GENE KNUTSON
[Editor’s Note: At the request of Alan Marriner, Assistant City Attorney, Item 2 (AB 18776) was heard first, followed by Item 2 (AB 18775).]
AB18776 2. CLOSED RECORD HEARING TO CONSIDER A QUASI-JUDICIAL REZONE OF THE PROPERTY LOCATED AT 1906 WILSON AVENUE
Alan Marriner, Assistant City Attorney described the location of the rezone under consideration. The proposal would create a twelve lot cluster, single family subdivision with open space consolidated to the south and southeast (Tract A & B) with the purpose of allowing for the daylighting of Padden Creek, which is currently in an underground tunnel in this area. This project has also received a number of other conditional land use approvals. After a public hearing in February 2009, the Hearing Examiner issued a written decision approving the preliminary plat for the twelve lot subdivision together with variances from street construction, street frontage and utility abutment requirements. Also in that decision, the Hearing Examiner approved the Critical Areas Permit for the wetland buffer impacts. After a public hearing on January 25 and February 8, 2010, the City Council approved the Development Agreement for this project, which established the development and design standards. All prior approvals are conditioned on Council’s approval of the Quasi-Judicial Rezone.
Mr. Marriner noted that Chris Koch, City of Bellingham Planner and the applicants’ consultant Ted Weden, along with the two applicants, Dan Parcher and Kevin Moore were in attendance and available for questions. The complete record of the Closed Record Hearing was provided to the City Council office.
With regard to the quasi-judicial rezone, approval at this Closed Record Hearing will allow clustering of the homes on smaller lots and with consolidation of the open space in Tracts A & B. The zoning would remain Residential Single and the overall density does not change. Based on the hearing in March 2009, the Planning Commission found that this proposed rezone met the city’s legal criteria for rezones and voted unanimously to recommend approval of the rezone. The Planning Commission’s Findings of Fact, Conclusions and Recommendation recommending approval, are found on page 238 of the agenda packet. Mr. Marriner reviewed procedure and explained that as a Closed Record Hearing, the council must base its’ decision on the rezone on the record created at the public hearing held before the Planning Commission. The council must then either adopt the Planning Commission Findings of Fact, Conclusions and Recommendations; or modify them; or reject them. Rules regarding ex-partee communications and appearance of fairness apply.
TB/BB MOVED TO ADOPT PLANNING COMMISSION RECOMMENDATIONS. The motion carried 7-0.
SF/SS MOVED TO RECOMMEND APPROVAL OF THE ORDINANCE.
AB18775 1. CLOSED RECORD HEARING TO CONSIDER A PETITION TO VACATE THE ALLEY LOCATED WITHIN BLOCK 147, PLAT OF FAIRHAVEN LAND COMPANY’S SECOND ADDITION TO FAIRHAVEN
Alan Marriner, Assistant City Attorney presented a map of the area to be vacated. Based on a Public Hearing in February 2009, the Hearing Examiner found that the proposed alley vacation met the city and the state legal requirements for street vacations and recommended approval subject to the following conditions: The land needed for the daylighting of Padden Creek be dedicated, or placed in a Conservation Easement in favor of the city and the vacation not become effective until that dedication or Conservation Easement had occurred and final plat approval for Parkway Gardens had been given and recorded and all of the utilities in the alley have been relocated.
The full report of the Hearing Examiner’s Findings of Fact, Conclusions of Law and Order are included on pps. 197-200 in the agenda packet. If council approves the Alley Vacation, it must determine the amount and method of compensation for the vacation. It is recommended that the city accept dedication of the southern and southeastern portions of the property (Tract A & Tract B) as compensation for the vacation of the alleyway with the area being dedicated to the city. Tract A and Tract B exceed the area of the vacation.
Mr. Marriner noted that the vacation of the alley does not become effective under the proposed ordinance until the land needed for the daylighting of Padden Creek is dedicated to the city and final plan is received and recorded. The complete record of the Closed Record Hearing was provided to the City Council office.
ML/SS MOVED TO ACCEPT THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER WITH CONDITIONS AS SPECIFIED BY THE HEARING EXAMINER. The motion carried 7-0.
ML/SS MOVED TO APPROVE AND FIND THE VALUE OF THE PROPERTY ADEQUATELY COMPENSATED FOR BY DEDICATIONS OF TRACT A AND TRACT B. The motion carried 7-0.
TB/SS RECOMMENDED APPROVAL OF THE ORDINANCE
AB18587 3. A WORKSESSION TO CONSIDER OPTIONS FOR AN ORDINANCE TO CREATE EXCEPTIONS TO THE CURRENT 90,000 SQUARE FOOT RETAIL SIZE CAP
Council Member Terry Bornemann reported that there had been a special worksession on February 11, 2010 with no conclusions or recommendations.
TB/JW MOVED TO DIRECT STAFF TO MAKE AMENDMENTS REGARDING SIZE LIMIT AND DESIGN STANDARDS FOR LARGE RETAIL ESTABLISHMENTS IN THE CITY OF BELLINGHAM SIMILAR TO THOSE PRESENTED AND BRING BACK TO THE CITY COUNCIL IN ORDINANCE FORMAT FOR CONSIDERATION.
4. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
The minutes of the January 25
, City Council Committee meetings were submitted for approval.
SS/TB MOVED APPROVAL. The motion carried 7-0.
5. OLD/NEW BUSINESS
Clean Water Act of 2010
JW read a proposed resolution in support of HB 3181/SB 6851, the Clean Water Act of 2010 as amended by Council Member Lilliquist during committee.
JW/ML MOVED TO RECOMMEND APPROVAL
County Council meeting regarding Lake Whatcom Watershed subdivision regulations
Council Member Snapp reported that he and Council Member Lilliquist would attend the Whatcom County Council meeting in support of retaining the Lake Whatcom moratorium that sets a maximum on property subdivisions of 5 acres.
City investments in local financial institutions
Council Member Weiss requested that staff review options available under state law with regard to investing more reserves and other investments in more local financial institutions.
There being no further business, the meeting was adjourned at 4:10 pm
Gene Knutson, Council President
ATTEST: Linda D. Anderson for J Lynne Walker, Legislative Assistant
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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