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You are here: Home) Government) Council) Meeting Materials) July 11, 2011


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, July 11, 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 Chuck Robinson

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)

    · On Monday, July 25 at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding changes to the Bellingham Municipal Code to change the setback requirements for buildings, parking/loading areas and landscaped areas within residential and industrial planned zones.
    · On Monday, July 25, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding the annual comprehensive plan/neighborhood plan amendment process; additional docketing review criteria; procedural changes to the docketing process; and, new plan amendment decision criteria.
    · On Monday, August 1, at 7:00 p.m. in City Council Chambers there will be a Public Hearing to consider a Geneva/Idaho annexation of 6.1 acres adjacent to the eastern boundary of the city limits.

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


APPROVAL OF MINUTES

KNUTSON / BUCHANAN moved approval of the June 6, 2011 minutes of the regular City Council meetings as submitted. MOTION CARRIED 7-0.

KNUTSON / BUCHANAN moved approval of the June 20, 2011 minutes of the regular City Council meetings as submitted. MOTION CARRIED 6-0-1, SNAPP abstained.


PRESENTATION(S)
(Item 2 heard first)

AB19252 2. RESOLUTION IN SUPPORT OF AMERICAN ALPS LEGACY PROPOSAL

A RESOLUTION IN SUPPORT OF AMERICAN ALPS LEGACY PROPOSAL.”

FLEETWOOD / WEISS moved final approval of Resolution #2011-12. MOTION CARRIED 7-0.


AB19251 1. RECOGNITION OF WINNERS OF THE 2011 ESSENCE OF BELLINGHAM PHOTOGRAPHY COMPETITION

Mayor Pike announced winners and presented certificates to the winners of the photo competition . Information only.


15-MINUTE PUBLIC COMMENT PERIOD

Bruce Deile related two recent stories of bears attacking hikers which included the advice to use pepper spray; however, he warned based on his experience, pepper spray may not stop the bear even under ideal conditions.

The following citizens spoke in support of the regulating single-use carryout bags [AB 19147].
Phyllis Shacter
Hope (child)
Steven Trinkaus
Bob Keller
Chuck Robinson
Darmon (child)
Heather Trim
Vince Biciunas
Eleanor Hines
Sherry Jubilo
Brooks Anderson
Jill McIntyre Witt
Blanche Bybee

Rick Hannam spoke in opposition to the regulation of single-use carryout bags [AB 19147].

Leonard Lindstrom discussed social issues and abuse of children.

Johnny Grames voiced concern about reduced hours in libraries, free parking and other social issues.

The following citizens asked council to move the [traffic camera] initiative forward to the ballot in November:
Randy Elmore
Tina Sorensen
John Busch
Christy Nieto


The following Committee action was moved from Reports of Committees.
Lake Whatcom Reservoir & Natural Resources
Members: Chair, Seth Fleetwood; Michael Lilliquist; Barry Buchanan; Gene Knutson

AB19147 1. AN ORDINANCE OF THE CITY COUNCIL REGULATING RETAIL ESTABLISHMENTS’ PROVISION OF SINGLE-USE CARRYOUT BAGS

“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELLINGHAM REGULATING RETAIL ESTABLISHMENTS’ PROVISION OF SINGLE-USE CARRYOUT BAGS.”

FLEETWOOD / KNUTSON moved approval for first and second reading. MOTION CARRIED 7-0.


PUBLIC HEARING(S)

AB19253 1. AN ORDINANCE TO AMEND THE BELLINGHAM MUNICIPAL CODE TO CHANGE THE DEFINITIONS OF “FLOOR AREA OR SPACE” AND “FLOOR AREA RATIO”

“AN ORDINANCE RELATED TO LAND USE REGULATIONS AND AMENDING BELLINGHAM MUNICIPAL CODE 20.08.020 F. 2 AND 20.080.020 F.3 - SPECIFIC DEFINITIONS RELATING TO CHANGES TO THE FLOOR AREA OR SPACE AND FLOOR AREA RATION DEFINITIONS TO SIMPLIFY AND COORDINATE THE TWO DEFINITIONS.”

Jeff Thomas, Planning Director, introduced the ordinance and explained that staff had worked with a stakeholder group that helped develop the proposed amendments.

Moshé Quinn, Planner II, reviewed background and procedural history and issues involving the definitions for floor area and space. This proposal would:
    • reduce the ceiling height from 7.5' to 7' & 6';
    • remove the exclusion for storage;
    • separate retail (superstore), Single Family Residential, and accessory building from the general floor area definition;
    • coordinate the Floor Area Ratio (FAR) definition with the general floor area definition by removing extra language in the FAR definition; and eliminate three separate policies concerning the definition of floor area issued by Planning & Community Development Department.

The proposed amendments comply with and implement the City's Comprehensive Plan.

The Planning Commission and staff recommend approval.

Council President Snapp opened the public hearing.

Charles Law asked how this policy would affect the new idea of people who are planning to live in storage containers that are being converted into homes.

Kurt Nabbefeld, Senior Planner indicated that there is a policy in place regarding storage containers being used for dwelling units; this proposal will not impact that.

There being no further comments, the public hearing was closed

KNUTSON / BUCHANAN moved approval for first and second reading. MOTION CARRIED 7-0.


AB19254 2. AN ORDINANCE TO AMEND BELLINGHAM MUNICIPAL CODE TITLE 20 TO ALLOW CERTAIN STRUCTURES AND ARCHITECTURAL FEATURES TO ENCROACH INTO A BUILDING SETBACK, MODIFY THE FRONT YARD SETBACK OPTION AND REFORMAT RESIDENTIAL SETBACKS INTO TABLES.

“AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE 20.10.080, 20.30.040 F., 20.32.040 H., 20.32.045 E., 20.32.050 D., TO ALLOW CERTAIN STRUCTURES AND ARCHITECTURAL ELEMENTS TO ENCROACH INTO A REQUIRED YARD (SETBACK), MODIFY THE FRONT YARD SETBACK OPTION TO ALLOW AN AVERAGED BUILDING SETBACK (EXCEPT FOR GARAGES AND CARPORTS) BASED ON MEETING THE 40% REQUIREMENT, AND RE-FORMAT THE RESIDENTIAL AND RESIDENTIAL-MULTI SETBACK STANDARDS INTO A TABLE FORMAT.”

Moshé Quinn, Planner II, reviewed process to date and reviewed a series of pictures that illustrated the discussion.

Proposed amendments comply with and implement the Comprehensive Plan. This proposal would:
    • establish a list of structures and architectural elements that may project in a required setback;
    • amend the front yard setback option to allow an averaged setback and remove the 6' variation, and
    • reformat existing setback provisions into a table format in the Residential Single and Residential Multi Development Standards.

The Planning Commission and staff recommend approval.

Staff and council members discussed the possible inclusion of ‘greenhouse’ windows and porches in relation to this ordinance:

Mr. Quinn indicated that they had not been included due to concerns about view corridors and privacy.

Council Member Weiss clarified that his inquiry with regard to greenhouse windows would apply to the first story of a home only. He added that greenhouse windows serve a positive architectural feature for urban farming and passive solar heat.

Council Member Lilliquist described the features of larger porches and their desirable quality.

Mr. Quinn explained that a porch can have more than a 6’ maximum however a larger porch would require that the size of the home be decreased.

Jeff Thomas, Planning Director added that the table of permitted encroachments included in the ordinance is an administrative table so if there are extenuating circumstances on a particular lot staff would certainly look at those on a case-by-case basis and determine if a variance is warranted.

The Planning Commission and staff recommend approval.

Council President Snapp opened the public hearing. No citizens spoke and the public hearing was closed.

KNUTSON / BORNEMANN moved approval for first and second reading.

WEISS / LILLIQUIST moved to amend the ordinance to modify the single family restriction to be more permissive of cantilevered greenhouse windows, on the first story only, subject to staff recommendation. MOTION CARRIED 7-0.

MAIN MOTION APPROVED AS AMENDED 7-0


AB19150 3. AN ORDINANCE TO PROHIBIT SIGNS IN MEDIANS AND ROUNDABOUTS IN PUBLIC RIGHTS-OF-WAY IN THE CITY OF BELLINGHAM

“AN ORDINANCE AMENDING BMC 20.12.040 TO PROHIBIT PLACEMENT OF SIGNS IN MEDIANS AND ROUNDABOUTS LOCATED WITHIN A CITY RIGHT-OF-WAY.”

Mark Gardner, Legislative Analyst, introduced the ordinance and discussed the process to date. Mr. Gardner reviewed the amendments and definitions to be added.

Council President Snapp opened the public hearing. No citizens spoke and the public hearing was closed.

LILLIQUIST / KNUTSON moved to amend definitions, as recommended by staff, to: 1) amend ordinance to change “Median” to “Median Strip”; and 2) add definition: “Median Strip. A paved or planted strip dividing a highway into lanes according to direction of travel.” and 3) add definition: “Roundabout. A road junction at which traffic streams circularly around a central island.”
MOTION CARRIED 7-0.
LILLIQUIST / BUCHANAN moved approval for first and second reading as amended. MOTION CARRIED 7-0



REPORTS OF COMMITTEES

Lake Whatcom Reservoir & Natural Resources – moved to follow Public Comment

Public Works / Public Safety
Members: Chair, Barry Buchanan; Jack Weiss; Gene Knutson

AB19255 1. BAY TO BAKER TRAIL, MULTI-MODAL TRANSPORTATION CONNECTION AND SQUALICUM CREEK RE-ROUTE IN VICINITY OF JAMES STREET AND ORCHARD STREET

Mixed recommendation from committee.

KNUTSON / BUCHANAN moved to adopt Alternative 1: bridge at existing location with the trail located 150 feet south of the bridge centerline as recommended by staff.

In response to discussions with Council Member Weiss regarding the high pressure gas line that runs along the railroad bed; Mr. Carlson explained that staff has discussed this with the civil engineers and the firm that will be doing the stream relocation. There will have to be some relocation of the gas line where it breaks through the tributary but the goal will be to try to eliminate the need to relocate any more of the gas line than is absolutely necessary.

MOTION CARRIED 7-0


Committee Of The Whole
Chair, Stan Snapp

AB19256 1. AN ORDINANCE AMENDING THE TIME LIMITS FOR USE OR REFUND OF IMPACT FEES

“AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE SUBSECTIONS 19.04.110 E, 19.04.120 B & C RELATED TO USE AND REFUNDS OF IMPACT FEES.”

BUCHANAN / LILLIQUIST moved approval for first and second reading. MOTION CARRIED 7-0.


AB19257 2. AN ORDINANCE RELATING TO BMC 11.33 PARKING, STANDING, AND STOPPING, AMENDING 11.33.060A.35 AND ADDING 11.33.060A.39

“AN ORDINANCE AMENDING BMC 11.33 PARKING, STANDING, AND STOPPING, AMENDING SUBSECTION 11.33.060A.35 AND ADDING A NEW SUBSECTION 11.33.060A.39.”

WEISS / LILLIQUIST moved approval for first and second reading. MOTION CARRIED 7-0.

          3. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES

None submitted at evening meeting.

          4. OLD/NEW BUSINESS

None presented.


EXECUTIVE SESSION
Closed to the public. Report and action.

1. Claim for Damages re: Ane Soriano, Claim #2011-30: Staff provided information on a claim for damages and seeking authorization to settle.

LILLIQUIST / BORNEMANN moved to authorize the settlement of this claim. MOTION CARRIED 7-0.

2. Litigation: City of Bellingham Appeal of Whatcom County SEPA threshold determinations for the Caitac Rezones, SEPA 2010-00085 and SEPA 2010-00088: Staff provided information on a litigation matter.
    BORNEMANN / BUCHANAN moved to authorize the City to comment on and appeal all Whatcom County decisions approving the Caitac rezones, including the SEPA threshold determinations. MOTION CARRIED 7-0.


    3. Potential Litigation: Traffic Camera Initiative: Staff provided information on a potential litigation matter.

    Joan Hoisington, City Attorney explained that as described in City Charter Section 10.05 the council has five options: 1) enact the initiative (which would repeal the current ordinance); 2) reject the initiative; 3) pass a resolution deferring the initiative to the voters; 4) reject the initiative and pass an alternative and 5) take no action (if no action within 30 days, the initiative automatically goes to citizens for a vote). The City Council could also file a pre-election challenge.

    BORNEMANN / FLEETWOOD moved to take no action as described in City Charter Section 10.05 (BMC 1.02.080).

    Ms. Hoisington clarified that if the motion is approved, then appointments would be made to write pro and con statements for the initiative and will be provided to the Whatcom County Auditor by August 16, 2011. The city is obligated to pay the ballot costs for the proposed initiative.

    MOTION CARRIED 7-0


    4. Litigation: Whatcom County v. Ledda (City of Bellingham as intervener): Staff provided information regarding a Superior Court case in which the City is an intervenor.
      BORNEMANN / KNUTSON moved to authorize City staff to settle this litigation. MOTION CARRIED 7-0.


      5. Litigation: Puget Sound Energy v. City of Bellingham: Staff provided an update on a litigation matter. Information only. No action taken.


      6. Potential Litigation: Staff provided information on a potential litigation matter. Information only. No action taken.


      7. Potential Litigation: Staff provided information on a potential litigation matter. Information only. No action taken.


      8. Potential Litigation: Staff provided information on a potential litigation matter.

      LILLIQUIST / KNUTSON moved to authorize the Mayor to enter into a joint representation agreement with a coalition of Washington State cities regarding the scoping of the Environmental Impact Statement for the Pacific International Terminal project. MOTION CARRIED 7-0


      MAYOR'S REPORT

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

      Council Member Knutson left Council Chambers.

      AB19258 2. MAYOR’S REAPPOINTMENT OF KEN HERTZ TO THE BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY (BPDA)

      WEISS / BORNEMANN moved to authorize the Mayor’s reappointment of Ken Hertz to the Bellingham Public Development Authority, term ending July 21, 2013. MOTION CARRIED 6-0, KNUTSON excused.


      AB19259 3. MAYOR’S APPOINTMENT OF BARBARA ALTEN TO THE TRANSPORTATION COMMISSION

      WEISS / BORNEMANN moved to authorize the Mayor’s appointment of Barbara Alten to the Transportation Commission, a partial term ending October 19, 2012. MOTION CARRIED 6-0, KNUTSON excused.


      AB19260 4. MAYOR’S APPOINTMENT OF RICK QUALLS AND DARLA WOOLMAN TO THE BELLINGHAM-WHATCOM COUNTY COMMISSION AGAINST DOMESTIC VIOLENCE

      Information only.


      AB19261 5. MAYOR’S APPOINTMENT OF JEAN HAMILTON 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.

      AB19262 1. RESOLUTION APPROVING EMERGENCY REPAIR OF COLLAPSED SEWER MAIN ON BOULEVARD STREET.

      Res. 2011-13 A RESOLUTION OF THE CITY OF BELLINGHAM DECLARING THAT AN EMERGENCY EXISTED JUSTIFYING AN EXEMPTION FROM THE FORMAL BID PROCESS WITH REGARD TO EMERGENCY REPAIRS TO THE SEWER SYSTEM ON BOULEVARD STREET.”


      AB19263 2. AN ORDINANCE AUTHORIZING RECEIPT AND SPENDING OF 2009 STATE HOMELAND SECURITY PROGRAM GRANT OF $42,099.

      AN ORDINANCE RELATING TO THE 2011 BUDGET RECOGNIZING RECEIPT OF A $42,099.00 DEPARTMENT OF HOMELAND SECURITY GRANT AND APPROPRIATING $42,099.00 OF GRANT EXPENDITURES IN THE GENERAL FUND.”

      AB19264 3. AN ORDINANCE AUTHORIZING RECEIPT AND SPENDING OF 2010 STATE HOMELAND SECURITY PROGRAM GRANT OF $39,785

      AN ORDINANCE RELATING TO THE 2011 BUDGET RECOGNIZING RECEIPT OF A $39,785.00 DEPARTMENT OF HOMELAND SECURITY GRANT AND APPROPRIATING $39,785.00 FOR GRANT EXPENDITURES IN THE GENERAL FUND PLUS AN ADDITIONAL $23,041.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES.”

      AB19265 4. BID AWARD FOR FIRE DEPARTMENT EMERGENCY GENERATOR INSTALLATION

      AB19266 5. AN ORDINANCE APPROPRIATING FUNDS FOR SPECIAL LEGAL COUNSEL FOR LAND USE LITIGATION

      AN ORDINANCE RELATING TO THE 2011 BUDGET APPROPRIATING $80,000.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE GENERAL FUND TO BE USED FOR UNANTICIPATED COSTS IN THE LEGAL DEPARTMENT.”

      AB19267 6. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JUNE 10, 2011 TO JUNE 16, 2011

      AB19268 7. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JUNE 17, 2011 TO JUNE 23, 2011

      AB19269 8. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JUNE 24, 2011 TO JUNE 30, 2011

      AB19270 9. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL LABOR COSTS FROM JUNE 11, 2011 TO JUNE 24, 2011

      BUCHANAN / BORNEMANN moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0, KNUTSON excused.


      FINAL CONSIDERATION OF ORDINANCES


      AB19247 1. AN ORDINANCE AMENDING THE 2011 BUDGET APPROPRIATING AN ADDITIONAL $59,200.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE CRIMINAL JUSTICE FUND FOR THE PURPOSE OF PURCHASING RIFLES FOR THE PATROL AND TRAFFIC DIVISIONS OF THE BELLINGHAM POLICE DEPARTMENT

      BUCHANAN / WEISS 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, LILLIQUIST, SNAPP, WEISS
      NAYS:
      ABSTENTIONS:
      EXCUSED: KNUTSON

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2011-07-033




      ADJOURNMENT
      There being no further business, the meeting adjourned at 9:14 p.m.


      Stan Snapp, Council President

      ATTEST: Linda D. Anderson City Clerk Representative
      APPROVED: 07/25/2011



      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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