Council Minutes for February 26, 2009 City of Bellingham, WA

RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON

Council Chambers
Thursday, February 26, 2009, 06:30 PM
Book: 63, Page: 1

Special Meeting

Called To Order The meeting was called to order by Council President Barry Buchanan.

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
Barbara Ryan, Council Member, Sixth Ward
Louise Bjornson, Council Member, At Large
David Webster, Chief Administrative Officer

Excused:

OTHER BUSINESS

1. Welcome and introductions – Council/Commission Chairs
Seth Fleetwood, Whatcom County Council Chair, opened the meeting for the Whatcom County Council. City Council President Barry Buchanan opened the meeting for the Bellingham City Council. Lake Whatcom Water and Sewer District Commissioners Chair, Leslie McRoberts, opened the meeting for the LWWSD.

2. Address to Joint Councils & Commissioners by Whatcom County Policy Analyst regarding necessary restrictions to discussion

Rebecca Craven introduced the program and explained that many of the challenges that face those who manage Lake Whatcom as a multiple use watershed and drinking water supply come in the context of land use decisions in which one or more of the jurisdictions are involved. Some decisions come to the legislative bodies in their quasi judicial capacity as an appeals body for land use appeals for the Hearing Examiner. In that capacity they review decisions appealed from the Hearing Examiner based only on the record that was provided to the Hearing Examiner. She explained the Appearance of Fairness Doctrine, which provides protection for parties to those appeals. Councils’ review of issues as an appeals body is strictly limited to the information in the record and not on information heard elsewhere without all parties knowledge and ability to respond. Ms. Craven asked the meeting participants to refrain from making comments regarding any matter that is currently pending before the County Council, as well as where an appeal has been authorized and is expected to be filed. Three such situations involve the proposed extension of sewer services to North Shore Estates and the proposed construction of a road to serve a proposed development referred to as Squalicum Ridge. There is also a proposal regarding repairs to the Wildwood Resort that is still in the SEPA comment period whereby any comment in relation to that project should be directed through the SEPA process and not directed to County Council members at this meeting as any potential appeal of the determination would come before the County Council. She asked participants to respect the appeals processes and refrain from commenting about those three situations during this special meeting.

3. Lake Whatcom Management Program Report
Jon Hutchings, Assistant Director of Whatcom County Public Works, gave a PowerPoint presentation addressing:

· A brief history of Lake Whatcom Management
· The 1990's
· The 21st Century
· Accomplishments in 2008
· Turning plans into action
· Costs of stormwater infrastructure
· The problems of the Phosphorus cycle
· Lake Whatcom tributaries total suspended solids
· The causes
· The solutions
· TMDL - what is it and what does it mean?
· What is success?
· Success is convincing people that things must change
· Management Tool - Source reduction
· Management Tool - Stormwater Management
· Management Tool - Stormwater infrastructure
· Management Tool - People
· Graphics illustrating the ICT and program areas
· 2009 LWMP Work Plan
· Work plan additions 2009
· 2009 Highlight - Silver Beach Creek Pilot Project
· The long term view

4. Executive Comments
Whatcom County Executive, Pete Kremen, thanked Mr. Hutchings and staff for their work. He noted that the task before these governments is daunting but good progress has been made and will be made. Implementation of the Lake Whatcom Stormwater plan is the principle priority for the County Administration. They appreciate strong support by the County Council toward that goal. He acknowledged the support of the Mayor and Mr. Neher and Sudden Valley leadership. He noted poor economic conditions and the burden all the governments face in funding expensive Lake Whatcom restoration projects, but it must be done. There is no priority higher than the Lake Whatcom Stormwater Management Demonstration Project. Mr. Kremen reported that he will be pursuing $1.85M for this project. Senator Murray and Congressman Larsen have informed him that for 2009 they were successful in appropriating $300K toward the project. Mr. Kremen will also be working to obtain economic stimulus funding for the project as well. He again expressed his commitment on behalf of the County that they will do what needs to be done to collaborate and cooperate to achieve the goals that will protect and preserve Lake Whatcom.

David Webster, CAO, addressed the Councils and Commissioners on behalf of the Mayor who had a prior commitment and was unable to attend. Mr. Webster echoed the sentiments of the County Executive in appreciation of the staff’s good work. Much has been done but there is a long way to go. He agreed that the tough financial times makes prioritization of spending a key responsibility of all governments. He noted that while just yesterday the City administration announced a $2.5M reduction in the operating budget in response to shortfalls, the City Council still voted to spend $1.6M more for land acquisition in the watershed. This is a notable use of resources that will have long term impact. The Silver Beach Pilot is a good example of the kind of focus that needs to happen. It may seem impossible to achieve the reductions identified in the TMDL but this pilot project is a good example of how to break it down into doable parts that will have a significant impact when the parts are combined. This project faces challenges in Olympia. Mr. Webster called upon the participants and members of the audience to contact State Legislators and encourage them to pass SB 5944 which will have an impact on the creek that is one of the largest contributors to the phosphorus problem. He highlighted three necessary components to achieving results toward key issues in the community: (1) education, (2) creating a culture where it is expected that we will do the right thing, and (3) when people demonstrate willful neglect of doing the right thing, that there are consequences. This applies to the Silver Beach pilot as well as the general approach to all people and activities with impact to the Lake. Mr. Webster, on behalf of the Mayor, expressed the City administration’s commitment to getting the work done.

Jim Neher, Executive Director of LWWSD, began his remarks by thanking staff. He noted his unique role of sitting on the ICT and working with both City and County staff from the management side of the issues. He noted that since the arrival of Dr. Hutchings, there was more cooperation from the County than there has been over the last 5 years. There is clearly a greater level of understanding of the job that needs to be done, and it is getting done. He thanked the Councils and Commission for supporting the staff and the management team.

5. Moderated Discussion

Seth Fleetwood opened the floor for questions and discussion regarding the 2009 Lake Whatcom Work Plan.

Barbara Brenner asked about rain garden efficacy; the length of time between implementation of water quality measures; and, when one would be able to see results. She also inquired if there is a way to do an Interlocal Agreement with the City on areas that are in the watershed in the UGA, to take those properties out of the UGA so they are not developed and provide the City with a feeling of ownership and control together with the County.

Dr. Hutchings explained that rain gardens need to have soil without a lot of clay for infiltration capacity. Not all locations are appropriate for rain garden efficacy. As to water quality monitoring, the Silver Beach Pilot projects will be implemented over two years. Water quality changes will not occur immediately. It will take time for the systems and plant communities to grow and demonstrate a decrease in phosphorus. It will be possible to demonstrate a substantial decrease in fecal coliform loading in the tributaries much more quickly.

Rebecca Craven reported that the County is performing a 10-year review of all the UGA’s in the County. Part of that process is to evaluate the appropriateness of future urban growth. The jurisdictions will work together to agree on proper designations for watershed UGA’s. There was brief discussion regarding the pros and cons of the Interlocal Agreement approach proposed by Ms. Brenner.
Stan Snapp asked Dr. Hutchings to expand on the scope of the Silver Beach Creek Pilot project and how the County would approach implementation. Dr. Hutchings described a bioinfiltration project on Lahti Drive which will begin with dialog with homeowner associations regarding redesign of their retention ponds and bank stabilization methods. There are about 225 homes in the watershed. The County will provide technical assistance where it is needed.

Barbara Ryan asked about the status of the reconveyance program with the potential of protecting 8 thousand acres in the watershed by keeping it designated forestry – the most protective land use designation possible. Mike McFarlane, Whatcom County Parks & Recreation, replied that they are waiting on the State for the final paperwork. However, the State is currently dealing with flood damage and is behind schedule on that. The process should be completed within 2 - 3 years.

Barry Buchanan asked for a summary of enforcement efforts. Cathy Craver, Whatcom County Planning and Development Services, explained that an enforcement team has been convened. They have set up enforcement staff, developed proper contacts, developed protocols and are trying to streamline the enforcement process. The County is looking at new regulations and compliance issues to try and prevent problems from reaching enforcement stages.

Laurie Caskey-Schrieber asked about effects of the recent flood event on the Lake’s TMDL levels and findings. Will the flooding into the Lake impact the levels and affect what has to be done? Steve Hood, Department of Ecology, explained that analysis is based on averages over a full year and a single event will not change averages. It is the chronic problems that must be addressed.

Todd Citron asked if there is a program for freshwater invasive mussels for Lake Whatcom as they are a severe threat to lakes in other areas. Clare Fogelsong, Bellingham Environmental Services, explained that the City tracks invasive species of all kinds. There is a stewardship based program in development.

Ward Nelson asked how phosphorus from a single family household is modeled. Mr. Hood explained there is a range that depends on density and soils. There is no means for quantifying amounts of phosphorus coming from individual homes going directly into the ground.

Jack Weiss asked if the flood event would affect summer levels. Mr. Hood explained it would depend upon the spring weather. He cautioned that leaders need to look at the phosphorus that can be controlled and not worry about weather-caused spikes.

Leslie McRoberts asked if the type of work done on North Shore Drive should be done on Lake Whatcom Boulevard. Bill Reilly, Bellingham Public Works, responded that it could be done. He explained the impervious surface used for the sidewalks and bike lanes.

Barbara Ryan asked about a plan for transferring all traffic to Sudden Valley to Lake Louise Road. Dr. Hutchings said there is nothing like that on the horizon. Kirk Christensen, County Public Works, explained that during the reconstruction of Lake Louise road the intersection at Cable Street would be evaluated for the potential to route the majority of traffic to Lake Louise road. The budget will have an impact on decisions made about the type of reconstruction done. Barbara Ryan added that the Council of Governments was recommending stimulus funds for that construction.

Stan Snapp commented on the North Shore Drive reconstruction project and pointed out that it was less expensive to do the impervious paving than it would have been to do pervious paving – including maintenance costs.

6. Public Comment
No members of the public elected to speak.

ADJOURNMENT

There being no further business, the meeting adjourned at 8:17 PM. Barry Buchanan, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED:

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.