RECORD OF PROCEEDING OF CITY COUNCIL
CITY OF BELLINGHAM, WASHINGTON
COUNCIL CHAMBERS, CITY HALL
Monday, June 06, 2011, 07:00 PM
Book: 65, Page: 1
Called To Order The meeting was called to order by Council President Stan Snapp with the Pledge of Allegiance led by Ralph Black.
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
· On Wednesday, June 8, at 10:00 a.m. in Council Chambers, the Council’s Planning and Community Development Committee will hold a worksession regarding rental licensing options.
Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
APPROVAL OF MINUTES
KNUTSON / BUCHANAN moved approval of the May 23, 2011 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0.
15 - MINUTE PUBLIC COMMENT PERIOD
Bruce Deile related more details on the bear attack he experienced in Alaska in 1996.
Mickey McDiarmid asked Council to support the Sunnyland Neighborhood Association request to docket review of a Comprehensive Plan amendment and rezone of Area 8 [AB 19204].
Hank Bledowski asked Council to support the Sunnyland Neighborhood Association request to docket review of a Comprehensive Plan amendment and rezone of Area 8 [AB 19204].
Chip Anderson cited the damage to water quality from the phosphorus and other element remains of fireworks as well as the disturbance and stress to pets and many war veterans. He asked that the city fully enforce existing fireworks ordinances and begin the process to completely ban the sale, distribution and use of fireworks within the city.
Patrick McKee noted that a majority of the Sunnyland Neighborhood Association board members are against any delay and would like the vote on the docketing of their proposal of the DOT site tonight [AB 19204]. Board Members have met with the developer at least fifteen times since 2007. There are strong viewpoints from city staff, neighborhood and the developer as to what the appropriate zoning is and he feels the way to resolve these three points of view is to put their request on the docket for consideration in 2012.
Mike Rostron agreed with Mr. McKee and urged docketing of the proposal [AB 19204]so this neighborhood issue can be resolved and all parties can move forward.
Natalie Chapin also supports docketing of this issue [AB 19204] and hopes that a plan can be negotiated that takes into account the character of the neighborhood and is considerate of the neighbors who will be directly impacted by the development.
AB19220 1. RESOLUTION IN APPRECIATION OF WESTERN WASHINGTON UNIVERSITY’S CENTER FOR CANADIAN-AMERICAN STUDIES
“A RESOLUTION IN APPRECIATION OF WESTERN WASHINGTON UNIVERSITY’S CENTER FOR CANADIAN-AMERICAN STUDIES.”
FLEETWOOD / BUCHANAN moved final approval of Resolution #2011-08. MOTION CARRIED 7-0.
AB19211 1. DRAFT 2012 - 2017 TRANSPORTATION IMPROVEMENT PROGRAM (TIP)
Brent Baldwin, Development Manger reviewed the public review process to date and noted that a worksession to finalize the report and adoption are expected June 20, 2011.
Chris Comeau, Transportation Planner reviewed projects scheduled for design and/or construction during 2011.
Project #1: Annual Arterial Pavement Resurfacing Program (Goal: 5%/year) Partially funded by Transportation Benefit District (TBD).
Project #11: Waterfront District Multimodal Improvements (funding varies by project).
11a: Granary – Bloedel Avenue (Phase 1) Multimodal Improvements (Roeder to Commercial Street). Funded, anticipate construction start in 2013.
Projects 11b - 11j are mostly unfunded.
11b: Bloedel Avenue, Phase 2 Multimodal Improvements (Commercial to Cornwall Avenue).
11c: Cornwall Avenue Bridge Demolition, Reconstruction and Multimodal Improvements.
11d: Railroad Relocation.
11e: Commercial Green Loop Multimodal Improvements (Bloedel Avenue to Bloedel Avenue).
11f: South Cornwall Avenue Multimodal Improvements (Wharf Street to Park Area).
11g: Wharf Roundabout Multimodal Improvements.
11h: C Street, Phase 1 Multimodal Improvements (Roeder Avenue to Maple Avenue).
11i: C Street, Phase 2 Multimodal Improvements (Roeder Avenue to Bancroft Street).
11j: F Street Multimodal Improvements (Roeder Avenue to Maple Street).
Project #2: Transit Service Enhancements; Partially funded by TBD (Whatcom Transit Authority (WTA) Sunday service).
Project #3: Non-motorized Transportation Improvements; TBD Funding. (Various pedestrian and bicycle infrastructure improvements.)
Project #4: N. Samish Way Pedestrian Safety Improvements (N. Samish/Abbott and N. Samish/Consolidation); TBD funding and grant.
Project #5: Indian Street Bicycle & Pedestrian Safety Improvements (Chestnut Street to Oak Street/WWU); TBD funding and grant.
Project #6: Eliza Avenue - Multimodal Arterial Connection (Eliza Avenue to Bellis Fair Parkway).
Project #7: Roeder Avenue Bridge, Multimodal Improvements; primarily grant funding.
Project #8: James Street Bridge Replacement; primarily federal grant funding.
Project #9: James Street, Phase 1 Multimodal Corridor Improvements (Woodstock to E. Orchard); primarily federal grant funding.
Project #10: Boulevard Park to Cornwall Avenue Overwater Pedestrian Walkway (Boulevard Park to Waterfront); federal funding anticipated.
Project #12: West Bakerview Road Arterial Safety & Overpass Improvements (Pacific Highway to Bennett Drive); funding proposed from multiple sources.
Council President Snapp opened the public hearing.
Blanche Bybee (referenced Project 6; Eliza Avenue). She said this is an important cut-through for bicyclists so they can avoid Bakerview and get over to the college. Whatcom Community College now has over 3,500 students, many of whom ride bicycles. With more traffic, this could be a dangerous situation.
Ralph Black (referenced Project 15, James Street, Phase 2 Multimodal Corridor Improvements) [King Mountain area]. His company is moving forward with the King Mountain Urban Village and submitted their proposed plan to the Planning Department on April 1st. Detailed transportation studies have been included in their plan and they have requested that they be added to the TIP program. We expect it to be part of the unfunded part of the program, he said, because his company will build it, provide the right-of-way and funding. His company is hoping to be in the submittal design stages of their first phase by the first quarter of 2012 and if approved by council, moving forward with actual construction late summer/early fall 2012.
There being no further comments, the public hearing was closed
Project 6; Eliza Avenue:
Council Member Lilliquist asked for more detail.
Mr. Baldwin responded that the arterials are constructed with a design that calls for 5’ bike lanes on each side and travel lanes in the middle. The [bike] lanes would probably not be striped until the project development on the vacant property in the north and eastern sections are constructed. Once the road is completely built the city would go back through and restripe. Typically, bike lanes are not striped until the facility is constructed because having variable road widths make it challenging.
Project #15: James Street, Phase 2 Multimodal Corridor Improvements; (E. Orchard Drive to Telegraph Road):
Regarding connections in the James Street area, Mr. Baldwin said that they are addressed in the Comprehensive Plan and were thought through as part of the annexation procedure that James Street would eventually wind through the project [King Mountain Urban Village]up to Van Wyck Road and back over to the Guide Meridian. It has not been put in the Six-Year TIP because the city has no funding available for it right now and Public Works staff was not aware that the developer plans to construct in 2012. It could be added to the list. The benefit of having projects on the TIP is that they are able to apply for certain state and federal funds. For the developer, if he constructs the entire project per the city’s Transportation Impact Fee ordinance, the city would give him credit towards his future impact fees.
Ralph Black [developer, King Mountain Urban Village] clarified that his project application, submitted in April, has not moved beyond the Planning Department, which is why Public Works staff are not aware of his plans.
Ted Carlson, Public Works Director shared that the TIP can be amended and it would not be uncommon to add a project to the Six-Year TIP if it has been identified in the Comprehensive Plan as a major connection, even if the city has not identified funding. It could be shown as private funding or funding unknown.
Council Member Weiss asked if projects on the TIP impact the impact fees.
Mr. Carlson replied that if it is an unfunded project, it would not. Projects that are on the Six-Year TIP can influence how the Transportation Impact Fees (TIF) are calculated but there’s certain criteria: it needs to be funded and it has to have local money. If something is funded, such as James Street, where it’s funded primarily with state and federal money, the state and federal money do not go into the equation when calculating the TIF’s. The other type of project that doesn’t go into calculating TIF’s would be something like the annual arterial surfacing. It is not a capacity project, it’s a capital maintenance project and doesn’t factor into the TIF calculation.
Council Member Weiss added that part of the plan in this area is to have James Street go up and dead-end at Van Wyck because the city does not have an identified plan of connecting it with Meridian.
Mr. Baldwin concurred and added that, that is part of the question staff will have to work out on this request. In the Comprehensive Plan the street would actually go up to Van Wyck and then over to the Guide Meridian, which is all within the existing city limits or Urban Growth Area. That is the route that was identified but staff has not worked out the detail with Mr. Black.
Project 6; Eliza Avenue:
Council Member Weiss asked if it would make sense for the city to build a full standard road, instead of ¾ road, and then charge a latecomer to the property owner that has not yet developed.
Mr. Baldwin agreed that could be an option. The problem is, the city would then have to add this to the overall project costs that the city would pay for up front. Additionally, the entire section is currently built to ¾ standard. Building to full standard would add a substantial amount and it would also trigger a number of stormwater regulations. The current road goes across a paved parking lot so a ¾ standard would not create new impervious surface. Staff considers this as a very low cost-high benefit project and that was the strategy that was taken. The city could pursue building to full standard and applying latecomer fee but there are challenges with funding up front. Staff could look at the alternatives but probably could not fund it next year, as is currently planned.
Mayor Pike expressed concern with regard to building Eliza to full width. Some of those parcels have sat vacant for a long time. If built to full standard with a latecomer fee it could take many years to recover the costs through latecomers.
In response to council inquiries, staff described the features of both ¾ standard and full standard road requirements and how they are used most effectively.
Project #16: Orchard Street Multimodal Arterial & Bay to Baker Trail Connection beneath I-5 and alternative trail connections.
Council Member Lilliquist would like to review the feasibility report.
Council and staff discussed the project at length and reviewed the four site maps included in the TIP showing alternatives for trail alignment in the area. The following observations and clarifications were made [particularly about crossing James Street]:
Project #13: Northwest / W. Bakerview Intersection Safety Improvements (North leg: W. Bakerview to Aldrich; unfunded.
Project #14: West Horton Road Multimodal Corridor Extension, Phase 1; (Horton terminus to Aldrich Road); mostly unfunded.
Project #15: James Street, Phase 2 Multimodal Corridor Improvements; (E. Orchard Drive to Telegraph Road); unfunded.
Project #16: Orchard Street Multimodal Arterial & Bay to Baker Trail Connection beneath I-5 (Birchwood/Squalicum to James Street); with Alternatives 1, 1A, 2 and 2A for trail alignment. Project is mostly unfunded.
Project #17: Lincoln Creek Transportation Center (WWU/WTA); WWU project; no city funds).
· A complicating factor is that the [James Street] bridge is not high enough to accommodate a trail under the bridge so an option is to try to swing the trail to the south.
With regard to the feasibility study, staff is waiting for some critical information from Washington State Department of Transportation relating to the creek re-location. Once that information is received, staff can finalize the report and will make it available to the council.
Project #14: West Horton Road
Council Member Weiss asked if it would be possible to provide a road base for access to the entrance of the Cordata Park area so that park development can begin to occur.
Mr. Carlson, replied that the challenge is the alignment, which is very wet and there are a lot of critical areas. Wetland mitigation is going to be one of the larger costs for this area. All of this would have to be done to even have a temporary minimum standard street. The city will incur those costs whether it builds this short section to the full standard or something less.
Mr. Comeau added that some initial feasibility studies have been done. Permits cannot be obtained until a mitigation plan is in place, which require permits from the Corps of Engineers. The city cannot get those permits until there’s an actual funded project with a complete mitigation plan.
REPORTS OF COMMITTEES
LAKE WHATCOM RESERVOIR & NATURAL RESOURCES
Members: Chair, Seth Fleetwood; Michael Lilliquist; Barry Buchanan; Gene Knutson
AB19221 1. LAKE WHATCOM 2010 UPDATE BY DR. ROBIN MATTHEWS
Report presented during committee. Information only.
AB19222 2. NATURAL RESOURCES COMMITTEE QUARTERLY UPDATE
Report presented during committee. Information only.
FINANCE & PERSONNEL
Members: Chair, Michael Lilliquist; Barry Buchanan; Seth Fleetwood
AB19223 1. PRESENTATION OF A FINANCIAL FORECAST
Report presented during committee: Information only.
PARKS & RECREATION
Members: Chair, Gene Knutson; Terry Bornemann; Seth Fleetwood
AB19224 1. ORDINANCE CREATING A SETTLEMENT FUND AND BUDGETING CITY MATCHING FUNDS FOR REMEDIAL INVESTIGATION, FEASIBILITY STUDY AND POTENTIAL INTERIM ACTION FOR S. STATE ST. MANUFACTURED GAS PLANT ENVIRONMENTAL REMEDIATION PROJECT
“AN ORDINANCE RELATING TO THE 2011 BUDGET CREATING A SETTLEMENT FUND TO ACCOUNT FOR REVENUE AND EXPENSES ASSOCIATED WITH THE ENVIRONMENTAL REMEDIATION OF THE FORMER SOUTH STATE STREET MANUFACTURED GAS PLANT.”
KNUTSON / BORNEMANN moved approval for first and second reading. MOTION CARRIED 7-0.
PUBLIC WORKS / PUBLIC SAFETY
Members: Chair, Barry Buchanan; Jack Weiss; Gene Knutson
AB19225 1. APPROVAL FOR THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE DEPARTMENT OF ECOLOGY FOR PROVISION OF A SOURCE CONTROL PROGRAM
BUCHANAN / WEISS moved to authorize the Mayor to enter into an Interlocal Agreement with the Washington State Department of Ecology for provision of a source control program. MOTION CARRIED 7-0.
PLANNING & COMMUNITY DEVELOPMENT
Members: Chair, Jack Weiss; Michael Lilliquist; Seth Fleetwood; Gene Knutson
AB19226 1. ORDINANCE TO IMPLEMENT A RECLASSIFICATION FROM BUILDING INSPECTOR II TO ELECTRICAL INSPECTOR III POSITION
“AN ORDINANCE AMENDING THE 2011 BUDGET USING EXISTING FUNDS TO RECLASSIFY A VACANT DEVELOPMENT SERVICES FUND BUILDING INSPECTOR II POSITION IN THE PLANNING DEPARTMENT, BUILDING SERVICES GROUP.”
WEISS / KNUTSON moved approval for first and second reading. MOTION CARRIED 7-0.
AB19204 2. STAFF UPDATE AND CONTINUING DISCUSSION OF THE SUNNYLAND NEIGHBORHOOD ASSOCIATION REQUEST TO DOCKET FOR REVIEW A COMPREHENSIVE PLAN AMENDMENT AND REZONE OF AREA 8
KNUTSON / BUCHANAN moved to approve request for docketing.
Jeff Thomas, Planning & Community Development Director reviewed recent discussions and options for this 4 acre site west of I-5. He feels that, with a delay, he can have staff have a final go at this and report to council. Council can then make the decision as to whether to initiate this proposal.
MOTION FAILED 3-4, SNAPP, LILLIQUIST, FLEETWOOD, WEISS OPPOSED.
FLEETWOOD / WEISS moved to postpone for four months.
Mr. Thomas, explained further. If the decision is delayed, the first step will be to have a meeting within two weeks with Public Works staff to discuss utilities. Chris Koch will provide technical expertise from a Planning standpoint. Once utilities are determined, Mr. Thomas will work with Mr. Carlson to ensure that Public Works staff are available to answer technical questions.
At that time, the onus will be on the property owner. He [the property owner] stated at a recent meeting, that once he has an understanding of ‘what’s what in the ground’, they will do their job and work with the neighborhood, which will be facilitated by Planning staff. Mr. Thomas iterated his commitment to moving forward on this and getting a decision made.
MOTION CARRIED 5-2, KNUTSON, BUCHANAN OPPOSED.
COMMITTEE OF THE WHOLE
Chair, Stan Snapp
AB19227 1. PRESENTATION OF THE 2011 CITY GREEN TEAM WORK PLANS
Report presented during committee. Information only.
AB19228 2. APPOINTMENT OF WWU POLICE CHIEF, RANDY STEGMEIER TO THE WHATCOM COUNTY LAW AND JUSTICE COUNCIL
KNUTSON / BORNEMANN moved to approve the appointment of Randy Stegmeier to the Whatcom County Law and Justice Council. MOTION CARRIED 7-0.
· The bridge that will be replaced as part of the James Street bridge replacement project will need to come up in elevation to accommodate new flood standards.
· Raising the bridge deck up to create an undercrossing would create a situation where there would be a grade problem with having to come up from the trail bed to get to the new elevation of James, which will be about 8’ higher.
· The costs, engineering and safety issues to provide an undercrossing may be prohibitive and may not be very functional during the wet season.
· Swinging south from the railbed allows a crossing at Sunset Pond Park, the recreational destination in this area. Then the trail would go back up to the railroad grade.
· Another complicating factor with an underpass is the need to breech "Trib W" there at the bridge and make it part of the main channel of Squalicum Creek.
None submitted at evening meeting.
Council Member Lilliquist recognized the newly reorganized Sunnyland Merchants Association and announced the Sunnyland Stomp to be held July 16th.
EXECUTIVE SESSION - Report and action only.
1. LITIGATION – State of Washington Department of Ecology v Port of Bellingham and City of Bellingham, et al. Staff provided an update on a litigation matter
WEISS / KNUTSON moved to authorize the Mayor to enter into an amendment to the Whatcom Waterway Consent Decree. MOTION CARRIED 7-0.
2. POTENTIAL LITIGATION: Staff provided an update on a potential litigation matter.
KNUTSON / BORNEMANN moved to authorize the Mayor to enter into an amendment to the Cornwall Avenue Landfill Agreed Order. MOTION CARRIED 7-0
3. POTENTIAL LITIGATION: Staff provided an update on a potential litigation matter.
WEISS / BUCHANAN moved to authorize the Mayor to enter into an amendment to the Eldridge Municipal Landfill Agreed Order.
4. POTENTIAL PROPERTY ACQUISITION: Staff provided information on the acquisition of a 7-acre parcel which makes up part of the Samish Crest Greenway and is located on south Samish Hill. The property will be used for park, trail and open space purposes. The purchase price is $150,000, which is the appraised value.
LILLIQUIST / BORNEMANN moved to authorize the purchase of said property at a purchase price of $150,000. MOTION CARRIED 7-0
3. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
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.
AB19229 1. ORDINANCE FOR APPROVAL OF POSITION REQUEST, PUBLIC WORKS SOURCE CONTROL TECHNICIAN
“AN ORDINANCE AMENDING THE 2011 BUDGET RECOGNIZING RECEIPT OF A DEPARTMENT OF ECOLOGY LOCAL SOURCE CONTROL PARTNERSHIP CONTRACT NOT TO EXCEED $158,638.00 IN THE STORM AND SURFACE WATER UTILITY FUND AND CREATING A NEW POSITION IN THE PUBLIC WORKS DEPARTMENT TO PROVIDE STAFFING FOR CONTRACT RELATED WORK.”
AB19230 2. ORDINANCE FOR APPROVAL OF POSITION REQUEST, PUBLIC WORKS LIMITED-TERM ENGINEERING TECHNICIAN
“AN ORDINANCE AMENDING THE 2011 BUDGET REALLOCATING $33,310.00 IN SURFACE AND STORM WATER UTILITY FUND EXPENDITURES FOR THE PURPOSE OF CREATING A LIMITED TERM POSITION IN THE PUBLIC WORKS DEPARTMENT.”
AB19231 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM MAY 13, 2011 TO MAY 19, 2011
AB19232 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM MAY 20, 2011 TO MAY 26, 2011
AB19233 5. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM MAY 11, 2011 TO MAY 25, 2011
KNUTSON / BUCHANAN moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0
FINAL CONSIDERATION OF ORDINANCES
AB19209 1. AN ORDINANCE RELATING TO CRIMINAL OFFENSES, AMENDING CURRENT SECTION 10.10.005 BY ADOPTING STATE LAW CRIMINAL OFFENSES BY REFERENCE
BORNEMANN / BUCHANAN 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
MOTION CARRIED 7-0 and was thereafter named Ordinance #2011-06-027
AB19213 2. AN ORDINANCE RELATING TO THE COLLECTION OF CITY PROPERTY TAXES BY WHATCOM COUNTY AND DIRECTING THE TIMELY TRANSFER TO THE CITY OF TAXES IN THE CUSTODY OF THE WHATCOM COUNTY TREASURER
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, BUCHANAN, FLEETWOOD, KNUTSON, LILLIQUIST, SNAPP, WEISS
MOTION CARRIED 7-0 and was thereafter named Ordinance #2011-06-028
There being no further business, the meeting adjourned at 9:17 p.m.
Stan Snapp, Council President
ATTEST: Linda D. Anderson City Clerk Representative
1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.
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