Council Minutes for November 10, 2008 City of Bellingham, WA

RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON

COUNCIL CHAMBERS, CITY HALL
Monday, November 10, 2008, 07:00 PM
Book: 62, Page: 1

REGULAR MEETING

Called To Order The meeting was called to order by Council President Barbara Ryan, who led the Pledge of Allegiance.

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

Excused:

ANNOUNCEMENT(S)

· On November 24th @ 7:00 p.m. in City Council Chambers there will be a public hearing regarding the City’s Preliminary Budget for 2009.

· On November 17 @ 3:00 p.m. in City Council Chambers there will be a worksession for any remaining departmental budget summaries for the preliminary budget not completed on November 10th.

· There will be public meetings regarding the Waterfront Connections Plan on November 13 & 17 @ 6:30 p.m., Depot Market Square.

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

APPROVAL OF MINUTES

None submitted.

15 - MINUTE PUBLIC COMMENT PERIOD

George Thomas, 504 16th Street noted that Whatcom County has decided to move the Parks Administrative offices into the 2nd and 3rd floors of the Roeder Home and eliminate the arts program. He said there has been no public process and asked the city to encourage the county to raise the issue publicly.

Council Member Bjornson said that she has received a lot of citizen calls, and in view of the fact that the Roeder Home is in Bellingham, she suggested that a letter be written to the county administration and county council in the hope that they would re-evaluate their decision.

Johnny Grames shared his thoughts about the election, his concern about the Social Security office moving from downtown and his hopes that the Mayor will apply for community based policing.

PRESENTATION(S)

AB18208 1. PRESENTATION OF RESOURCE CONSERVATION MANAGEMENT STARTUP INCENTIVE PROGRAM GRANT OF $15,000 AND THE EPA GREEN POWER PARTNERSHIP AWARD FROM PUGET SOUND ENERGY

Information only.

AB18209 2. WATERFRONT DEVELOPMENT UPDATE

Mayor Pike presented an update on the waterfront development. He said the city remains committed to the development of a mutually acceptable master plan and successful delivery of this project. The goal in the community is to turn the old GP site into a vibrant part of our community. It may not be easy but it is achievable and the city is committed to honoring its’ agreements with its’ partners and to uphold the values that the community holds dear. One commitment does not preclude the other and, in fact, both are essential to the projects’ long term success.

The City will be hosting two facilitated question/answer public meetings regarding the Waterfront Connections Plan on November 13 & 17 @ 6:30 p.m., Depot Market Square so community members can compare the City and Port plans, ask questions and provide feed back. Both City and Port staff will be on hand to answer questions.

Council members expressed interest in a summary of comments/concerns made by the community and the Waterfront Advisory Group. Additionally, the Council is looking forward to the discussion, at council level, to discuss policy issues, direction and the master plan process.

Information only.

PUBLIC HEARING(S)

AB18210 1. A PUBLIC HEARING TO CONSIDER THE SEPTEMBER 15, 2008 EXTENSION OF THE CITY’S INTERIM EMERGENCY MORATORIUM ON THE FILING, ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR DIVISIONS OF LAND, BUILDING PERMITS AND LAND DISTURBANCE ACTIVITIES WITHIN THE LAKE WHATCOM WATERSHED

Kurt Nabbefeld, Senior Planner reviewed actions to date, which have included meetings with people from Lake Whatcom, Silver Beach Neighborhood Association, Building Industry Association, Lake Whatcom Watershed Advisory Board as well as the Lake Whatcom Interjurisdictional Coordinating Team, which includes county representatives.

There will be a public hearing at the Planning Commission on December 4, 2008.

Council President Ryan opened the public hearing.

Dennis Jones, supports continuing the interim moratorium.

Frank Parker, long term resident of Silver Beach discussed the filters that have been installed in the Silver Beach area.

There being no further comments, the public hearing was closed.

AB18211 2. A PUBLIC HEARING TO CONSIDER THE YORKSTON / ROEHL SAMISH NEIGHBORHOOD PLAN AMENDMENT AND REZONE (NPA/REZONE). THE SUBJECT PROPERTIES ARE LOCATED AT THE NORTHEAST CORNER OF THE LINCOLN STREET, ELWOOD AVENUE INTERSECTION.

Marilyn Vogel, Senior Planner explained that this site has two ownership parcels within the site and the city previously agreed to consider both parcels in this years’ annual docket of Comprehensive Plan amendments. The property is currently low density, single family residential. The proposed amendment would change the Comprehensive Plan boundary between residential and commercial land use so as to include the subject site in the commercial area. The specific zoning classification is proposed to be Planned Commercial. The zone allows both mixed use development and contains residential and commercial uses. Ms. Vogel described the site and it’s connections to other parts of the community and also noted that the property has good access to major transportation routes. The staff report supports a commercial classification for this site and the Planning Department and the Planning Commission find this property to be appropriate for higher density development and commercial classification.

Council members asked if there are plans for the site and and feel that because of the critical nature of the intersection, it is not appropriate for a gas station/mini mart.

Ms. Vogel noted that traffic and land use impacts would be reviewed and considered for any proposal of that nature.

Council President Ryan opened the public hearing.

Heather Wolf, Attorney representing Yorkston Oil Company, owner of the majority of the property. At this time, they do not have a development proposal. They envision a mixed use type of development with residential and commercial transitioning to the single family uses. They have had two neighborhood meetings and have met with the neighborhood association several times and feel there is general consensus that this is the right place for infill in this neighborhood. Ms. Wolf noted that the parcels are located as such that there will have to be coordinated development between the two parcels.

Dannon Traxler, Attorney representing Roehl & Roehl, P.S. [property owner]supports the Planning Commission findings and staff recommendations. Her client has no development plans at this time.

Matt Yorkston, property owner, said that they have no intention of putting tanks [gas station] in the ground at the site.

There being no further comments, the public hearing was closed.

KNUTSON / BJORNSON moved to direct staff to bring back an ordinance as part of the Comprehensive Plan amendments.
BORNEMANN offered a friendly amendment to place a restriction on the rezoning to disallow the use for a gas station on the site. The amendment was withdrawn.
BORNEMANN offered a friendly amendment to direct staff to investigate options with regard to limitations on use of the property.
KNUTSON / BJORNSON accepted the friendly amendment. MOTION CARRIED 6-1, SNAPP opposed.
MAIN MOTION CARRIED 7-0

REPORTS OF COMMITTEES
COUNCIL STANDING COMMITTEES

PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: TERRY BORNEMANN, CHAIR; JACK WEISS, BARRY BUCHANAN, LOUISE BJORNSON

AB18212 1. AUTHORIZING THE MAYOR TO ENTER INTO THE FIRST OPERATING AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND THE BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY

BORNEMANN / KNUTSON moved to authorize the Mayor to enter into the First Operating Agreement with the Bellingham Public Development Authority. MOTION CARRIED 7-0.

AB18213 2. STAFF WILL PROVIDE A STATUS REPORT REGARDING ONGOING CITY/COUNTY EFFORTS TO COMPLETE THE REQUIRED UPDATE OF THE CITY AND COUNTY COMPREHENSIVE PLANS AND THE URBAN GROWTH AREA PLAN

Information only.

AB18214 3. REQUEST FOR APPROVAL OF AN INTERLOCAL AGREEMENT WITH WHATCOM COUNTY AUTHORIZING COST SHARING FOR JOINT PLANNING ACTIVITIES IN 2009

BORNEMANN / BUCHANAN moved to authorize the Mayor to enter into an Interlocal Agreement with Whatcom County authorizing cost sharing for joint planning activities in 2009. MOTION CARRIED 7-0.

TRANSPORTATION
MEMBERS: JACK WEISS, CHAIR; STAN SNAPP; TERRY BORNEMANN

AB18215 1. A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING TRANSPORTATION IMPACT FEES FOR 2009

WEISS / BORNEMANN moved final approval of Resolution #2008-38. MOTION CARRIED 6-1, RYAN opposed.

AB18216 2. A RESOLUTION ADOPTING A LIMITED PROGRAM OFFERING 2 HOURS OF FREE PARKING DOWNTOWN, FROM THE HOURS OF 11:30 AM TO 1:30 PM, FROM NOVEMBER 15, 2008 THROUGH DECEMBER 31, 2008

Council Member Weiss noted that during the two hour break of parking enforcement, officers would be working with business owners to help them understand the importance of employers and employees using transit and other alternatives such as long term parking on the fringes of the downtown area.

WEISS / SNAPP moved final approval of Resolution #2008-39. MOTION CARRIED 7-0.

AB18217 3. NOISE VARIANCE BMC SECTION 10.24.120 SUNSET DRIVE CONSTRUCTION

WEISS / BJORNSON moved to allow approval of a noise variance request to BMC 10.24.120(4) to allow Ram Construction to work on Sunset Drive on November 19 & 20, 2008 plus three (3) additional dates, with those dates to be determined. MOTION CARRIED 7-0.

FINANCE & PERSONNEL
MEMBERS: GENE KNUTSON, CHAIR; STAN SNAPP; LOUISE BJORNSON

AB18218 CB 13480
1. AN ORDINANCE RELATING TO THE 2009 BUDGET AND SETTING THE AD VALOREM AND FOREST EXCISE TAX LEVIES FOR 2009 AND ALSO SETTING FORTH THE PERCENTAGE AND DOLLAR RATE OF INCREASE FOR THE REGULAR PROPERTY TAX LEVY FOR 2009.

The proposed ordinance would bank the 2009 regular property tax levy causing a 0% increase from the previous year.

KNUTSON / BUCHANAN moved approval for first and second reading.

Council Member Weiss feels that due to the shortfalls, substantial cuts in improvements and maintenance, and the city’s budget, the city should consider a property tax increase.

Council Member Bornemann agreed. Because of the many budget cuts the city is making and the decrease in revenues, he will not support the motion.

Council President Barbara Ryan iterated how the economy is struggling and there are signs of financial stress throughout the community. She is reluctant to bank the 1% tax. Although the revenue would be small she believes it is needed to protect programs that people in this city have come to expect.

Council Member Knutson feels this is a time to send a message to the citizens that the City is doing everything possible to tighten the city’s ‘belts’ and not ask citizens for anything more this year.

Council Member Snapp will support banking this amount for the future.

Council Member Buchanan believes there has been a lot of thought put into the budget and the city is trying to be responsible to the citizens of Bellingham and give them a break. He will support the motion.

Council Member Bjornson shared her experience that many citizens are having tough times. She will support the motion.

MOTION CARRIED 4-3, WEISS, BORNEMANN, RYAN opposed.

COMMITTEE OF THE WHOLE
MEMBERS: BARBARA RYAN, CHAIR

AB18219 1. PROPOSED LEGISLATIVE AGENDA FOR 2009

Council President Barbara Ryan reported that the Committee of the Whole approved the Legislative Agenda for 2009 during committee.

AB18201 2. DEPARTMENTAL BUDGET SUMMARIES FOR THE 2009 PRELIMINARY BUDGET

Council President Barbara Ryan reported that budget summaries were presented by the Library, Fire, Planning & Community Development and Finance Departments.

The Public Works, Executive and Judicial Services Departments will be presented on November 17, 2008 at a special worksession.

Information only.

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

None submitted at evening meeting.

4. OLD/NEW BUSINESS

WEISS / BORNEMANN moved to direct Council Member Bjornson to write a letter to Whatcom County requesting that the 2nd and 3rd floors of the Roeder Home not be converted to administrative offices. MOTION CARRIED 7-0.

EXECUTIVE SESSION – Report only

1. POTENTIAL LITIGATION: City staff provided information as to a potential litigation matter. Direction was provided to staff.

KNUTSON / BORNEMANN moved to authorize the Mayor to send notice to the Lake Whatcom Water & Sewer District mutually terminating the Memorandum of Understanding with the District dated July 10, 2008 regarding merger negotiations. MOTION CARRIED 7-0.

2. POTENTIAL LITIGATION: City staff provided information as to a potential litigation matter. No action was taken.

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. Committee review has taken place during the afternoon session on most of these items. A member of the Council may ask that an item be removed from the Consent Agenda and considered separately.

AB18220 CB 13481
1. AN ORDINANCE RELATING TO THE 2008 BUDGET APPROPRIATING AN ADDITIONAL $4,000.00 IN THE GENERAL FUND FROM UNANTICIPATED WASHINGTON STATE TRAFFIC SAFETY COMMISSION GRANT REVENUE TO BE USED FOR POLICE DEPARTMENT OVERTIME NEEDED TO PARTICIPATE IN NIGHT TIME SEAT BELT ENFORCEMENT MOBILIZATION.

AB18221 CB 13482
2. AN ORDINANCE RELATING TO THE 2008 BUDGET APPROPRIATING AN ADDITIONAL $5,000.00 IN THE GENERAL FUND, FROM UNANTICIPATED MONEY HELD IN TRUST BY THE MUSEUM SOCIETY, TO BE USED FOR THE REMODELING OF A DISPLAY CASE IN THE MUSEUM.

AB18222 CB 13483
3. AN ORDINANCE RELATING TO THE 2008 BUDGET APPROPRIATING AN ADDITIONAL $26,953.00 IN THE CRIMINAL JUSTICE FUND FROM UNANTICIPATED BUREAU OF JUSTICE GRANT REVENUE AND ENDING DESIGNATED RESERVES, TO BE USED FOR THE PURCHASE OF POLICE DEPARTMENT BODY ARMOR.

AB18223 4. AUTHORIZATION OF CHECKS ISSUED FOR ACCOUNTS PAYABLE CHECKS ISSUED OCTOBER 24 THROUGH OCTOBER 31, 2008.

KNUTSON / BUCHANAN moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0.

FINAL CONSIDERATION OF ORDINANCES

No ordinances were presented for final consideration.

ADJOURNMENT

There being no further business, the meeting adjourned at 9:00 p.m. Barbara Ryan, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 11/24/2008

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.