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You are here: Home) Government) Council) Meeting Materials) Agendas & Minutes ) September 15, 2008

RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, September 15, 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:
Excused: ANNOUNCEMENT(S)

· On October 1st @ 7:00 pm in Council Chambers, there will be a Council worksession to discuss annexations.
· September 29, 2008; a Public Hearing regarding a Development Agreement between Parberry's Inc. and the City of Bellingham.

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

APPROVAL OF MINUTES
None submitted.


15 - MINUTE PUBLIC COMMENT PERIOD

Johnny Grames, 1506 East Maplewood requested that the city give the public, public access to Comcast's local channel 26.

Dennis Jones, 1487 Sudden Valley spoke in support of the reconveyance, [AB 18135] especially of the #1 & #2 import sources for Lake Whatcom (Austin Creek and Smith Creek). With regard to the proposed moratorium he referenced State Title 2.22 and State Constitution 1.11 and said that he does support an interim moratorium until funding mechanisms can be put in place.

Fred Miller 3229 North Shore Road feels the resolution for reconveyance [AB 18135] is not worded well. He recommended not endorsing the resolution and said there are a number of corrections he would make.


PRESENTATION(S)

PROCLAMATION

David Webster, Chief Administrative Office read a Mayoral Proclamation proclaiming the week of September 21-27, 2008 as National Employ Older Workers Week.

AB18133 1. PRESENTATION TO MAYOR AND CITY COUNCIL OF THE “2007 OUTSTANDING WASTEWATER TREATMENT PLANT PERFORMANCE AWARD” BY THE DEPARTMENT OF ECOLOGY

Mark Henderson, Bellingham Field Office, Washington State Department of Ecology, presented the 2007 Outstanding Wastewater Treatment Plant Performance Award to Larry Bateman, Supervisor at the Post Point Wastewater Treatment Facility.

Information only.

REPORTS OF COMMITTEES

COUNCIL STANDING COMMITTEE MEETINGS:

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

AB18134 1. BID AWARD FOR BAKERVIEW / IRONGATE SIGNAL, PROJECT NO. ES-0245, BID # 92B-2008

WEISS / BJORNSON moved to award Bid No. 92B-2008 for Bakerview / Irongate Signalization to Granite Northwest Inc. dba Wilder Construction of Bellingham, Washington as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $579,065.00. MOTION CARRIED 6-0.


LAKE WHATCOM RESERVOIR COMMITTEE
MEMBERS: STAN SNAPP, CHAIR; GENE KNUTSON, BARRY BUCHANAN

AB18135 Resolution #2008-32
1. RESOLUTION EXPRESSING THE CITY'S OPINION ON THE PROPOSED RECONVEYANCE OF DEPARTMENT OF NATURAL RESOURCES (DNR) LANDS TO WHATCOM COUNTY

SNAPP / BUCHANAN moved final approval of Resolution #2008-32.

Mike McFarland of Whatcom County Parks, Fred Miller and the council members discussed this action further. It was the consensus of the council members that this resolution supports starting the reconveyance process. This will be a long process and in 16-18 months there will be a resolution that outlines lands and parcels. It is felt that the city will have the opportunity to discuss the details later in the process.

MOTION CARRIED 6-0.


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

AB18136 CB 13467
1. AN ORDINANCE EXTENDING THE INTERIM EMERGENCY MORATORIUM ON THE FILING, ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR DIVISION OF LAND, BUILDING PERMITS AND LAND DISTURBANCE ACTIVITIES WITHIN THE LAKE WHATCOM WATERSHED

WEISS / KNUTSON moved final approval of Emergency Ordinance #2008-09-085. MOTION CARRIED 6-0

AB18137 2. CONSIDERATION OF A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT BETWEEN PARBERRY'S INC AND THE CITY OF BELLINGHAM

Information only. Council Member Bjornson noted that here will be a public hearing on September 29, 2008.

AB18138 3. SHORELINE MASTER PROGRAM (SMP) WORKSESSION ON THE NEW WHATCOM SHORELINE REGULATIONS

Sylvia Goodwin, Planning & Development Director, Port of Bellingham. Ms. Goodwin said there are still concerns regarding the issue of the Planning Commission recommendation for buffers and setbacks, which are quite large. The Port believes it makes it uneconomical for much of the Waterfront District to develop with setbacks and buffers that large. She also wanted to clarify the motion (made during committee) as there seems to be some confusion. The Planning Commission recommendation for the setbacks and buffers would be what is remaining in the Shoreline Plan. Council and staff discussion, during committee, indicated the Council felt that as soon as the master plan is adopted, the buffers would go from the maximum to the minimum. That, clearly, is not the Planning Commission's recommendation. The recommendation in Section 6D says that completion and adoption of the New Whatcom Master Plan is not justification for reducing the setbacks and buffers; and Section 2 says that rationale for reductions of the buffers from the maximum and the minimum shall be demonstrated and considered during the development of the New Whatcom Master Plan and Development agreement. The Planning Commission recommendation has no criteria, she said, which is going to create a lot of uncertainty and open the whole plan to challenge.

The Port is concerned that if it's adopted as is, it's not going to be a Port, City or Planning Commission decision but that ultimately the buffers may be decided by the Shoreline Hearings Board or a court. The City Council will have the final say on the open space, view corridors, and the buffers and setbacks in New Whatcom but if that's the case you have the say anyway because we cannot have a master plan without a planning commission hearing, recommendation and city council adoption.

The zoning is currently industrial and Jim Bishop [Planning Commission] stated that a lot of their reason for recommending huge buffers and huge setbacks was as an interim until the master plan is adopted and wanting a safeguard to make sure that no development happens. Ms. Goodwin said, that with the industrial zoning and the current shoreline regulations requiring water dependent uses, development within that area is not likely, other than industrial uses that are there now.

The Port recommendation is to go back to the staff recommendation and let the buffers and setbacks be set in the New Whatcom Plan.

Tim Stewart, Director of Planning and Community Development reviewed direction to staff made during the worksession.

WEISS / BUCHANAN moved to adopt the Planning Commission recommendation conditioned upon adoption of the Waterfront District subarea plan.

Council Member Weiss discussed the issues of bulkheads. Removing a bulkhead or encouraging the removal of bulkheads and leaving a soft edge on the shoreline, would move the high water mark further inland creating a different boundary.

Mr. Stewart related that council has given staff very clear direction to hold restoration harmless i.e. when a restoration project is done the city does not impose a hardship on the abutting property owners to the point that the restoration doesn't happen. He feels the same rule may apply if changing the high water mark. This is a legitimate concern and is an issue that staff will have to tackle as the city gets further into design and engineering of the area.

Council Member Bjornson felt that in some places leaving a bulkhead might be a good idea so people walking along the edge can see the water. In some areas it could be pulled back making a more natural shoreline. Hopefully, she said, there will be a variety of treatment of the area so there are different experiences.

Mr. Stewart concurred and added that there is a third option: that is to leave the bulkhead in place and back fill out from the bulkhead so a step is created that goes out from the bulkhead to the water. Of course, this all gets very complex when cleanup and requirements for cleanup are added and how to armor the shoreline from erosion. It's not a simple issue and the city will want to make sure that regulations don't create an infinity loop where we can't anything done.

MOTION CARRIED 6-0.


COMMITTEE OF THE WHOLE
MEMBERS: BARBARA RYAN, CHAIR

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

None submitted at evening meeting.


2 OLD/NEW BUSINESS

None presented.


EXECUTIVE SESSION – Report only.

1. LITIGATION - Matia v. City of Bellingham: City staff provided an update on this litigation matter. Information only. No action was taken.

2. LITIGATION – Calderwood v. City of Bellingham: City staff provided an update to Council on this pending litigation. No action was taken.

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

4. POTENTIAL LITIGATION: Staff provided information as to a potential litigation matter. Direction was provided to staff. No action was taken.

5. POTENTIAL PROPERTY ACQUISITION: City staff provided information regarding a potential purchase of real property in the City. Council provided direction. No action taken.

6. LITIGATION: Pacific Crest Partners v. City of Bellingham: City staff provided an update on this litigation matter. Information only. No action taken.

MAYOR'S REPORT

AB18139 1. MAYOR'S REAPPOINTMENT OF DAVID WILLETT TO THE DESIGN REVIEW BOARD

BJORNSON / SNAPP moved to authorize the Mayor to reappoint David Willett to the Design Review Board, term ending September 25, 2012. MOTION CARRIED 6-0.

AB18140 2. MAYOR'S APPOINTMENT OF KIRSTI CHARLTON AS THE YORK NEIGHBORHOOD REPRESENTATIVE TO THE MAYOR'S NEIGHBORHOOD ADVISORY COMMISSION

Information only

AB18141 3. MAYOR'S APPOINTMENT OF DOMINIQUE ZERVAS TO THE PARKS AND RECREATION ADVISORY BOARD

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. 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.

AB18142 CB 13468
1. BUDGET AMENDMENT TO ALLOW FOR RECEIPT AND SPENDING OF STATE OF WASHINGTON GRANT PROGRAM FUNDS FROM THE MILITARY DEPARTMENT EMERGENCY MANAGEMENT DIVISION TOTALING $122,568.00

AB18143 2. ACCEPTANCE OF BID FOR SERVICE BODY AND INSTALLATION OF BATTALION 1 VEHICLE, BID # 80B-2008

AB18144 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM AUGUST 23, 2008 TO AUGUST 29, 2008

KNUTSON / WEISS moved to approve the Consent Agenda in its entirety. MOTION CARRIED 6-0.


FINAL CONSIDERATION OF ORDINANCES

AB18111 1. CB 13463
AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, AMENDING SECTIONS OF THE BELLINGHAM MUNICIPAL CODE CHAPTER 11.38 TO MORE CLEARLY DEFINE RESIDENTIAL PARKING ZONE BOUNDARIES AND EXTEND TIME LIMITS FOR TEMPORARY VISITOR'S PERMITS

BJORNSON / 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: BJORNSON, BUCHANAN, KNUTSON, BARBARA RYAN, SNAPP, WEISS
NAYS:
ABSTENTIONS:
EXCUSED: BORNEMANN

MOTION CARRIED 6-0 and was thereafter named Ordinance #2008-09-086

AB18113 2. CB 13464
AN ORDINANCE MODIFYING THE DETAILS OF THE PLAN OF ADDITIONS DESCRIBED IN ORDINANCE NO. 2006-05-050; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO

KNUTSON / BJORNSON 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: BJORNSON, BUCHANAN, KNUTSON, BARBARA RYAN, SNAPP, WEISS
NAYS:
ABSTENTIONS:
EXCUSED: BORNEMANN

MOTION CARRIED 6-0 and was thereafter named Ordinance #2008-09-087

AB18117 3. CB 13465
AN ORDINANCE RELATING TO THE 2008 BUDGET TRANSFERRING $15,000 FROM THE BEYOND GREENWAYS FUND TO THE GENERAL FUND AND APPROPRIATING $15,000 IN EXPENDITURES IN THE GENERAL FUND AS RECOMMENDED BY THE GREENWAY ADVISORY COMMITTEE

WEISS / 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: BJORNSON, BUCHANAN, KNUTSON, BARBARA RYAN, SNAPP, WEISS
NAYS:
ABSTENTIONS:
EXCUSED: BORNEMANN

MOTION CARRIED 6-0 and was thereafter named Ordinance #2008-09-088

AB18121 4. CB 13466
AN ORDINANCE RELATING TO THE 2008 BUDGET RECLASSIFYING ONE GENERAL FUND POSITION IN THE MUSEUM, WHERE NO ADDITIONAL FUNDS OR REALLOCATION OF EXPENDITURES IS REQUIRED.

BUCHANAN / BJORNSON 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: BJORNSON, BUCHANAN, KNUTSON, BARBARA RYAN, SNAPP, WEISS
NAYS:
ABSTENTIONS:
EXCUSED: BORNEMANN

MOTION CARRIED 6-0 and was thereafter named Ordinance #2008-09-089


ADJOURNMENT

There being no further business, the meeting adjourned at 7:58 p.m. Barbara Ryan, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 09/29/2008



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.

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