Council Minutes for June 01, 2009 City of Bellingham, WA

RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON

COUNCIL CHAMBERS, CITY HALL
Monday, June 01, 2009, 07:00 PM
Book: 63, Page: 1

REGULAR MEETING

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

Roll Call
Present:

Jack Weiss, Council Member, First 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:

Gene Knutson
Council Member
Second Ward

ANNOUNCEMENT(S)

· On June 3rd @ 6:30 p.m., Council's Lake Whatcom Reservoir Committee will host a Fishbowl Dialog in the Fireplace Room, 625 Halleck Street, to discuss the effects of the Lake Whatcom phosphorus reduction programs on the residents of the Silver Beach Neighborhood.

· On June 8th @ 7:00 p.m. in the Municipal Court at 2014 C Street, the public is invited to a community discussion of issues regarding a proposed Sanctuary City Ordinance.

· On June 15th @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding an Appeal to Council of a Public Works Director decision denying extension of contract water services to the Governor's Point Development Company.

· On June 15th @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding amendments to the Guide Meridian/Cordata, King Mountain, Meridian and Mt. Baker neighborhood zoning tables to establish a provision allowing payment of fees in lieu of acquiring transfer of development rights from the Lake Whatcom Watershed.

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

APPROVAL OF MINUTES

None submitted.

15 - MINUTE PUBLIC COMMENT PERIOD

Daniel Remsen, 2203 22nd Street explained his personal situation of having tried for a year and a half to get a single family residence permit - Application #PFC2009-0001.

Michael Gleeson, Deming, WA asked the city to create a municipal code that would require the city to use E-verify to validate a person's authorization to work in the United States.

Julie Guy, 4559 El Dorado Way asked that a temporary sidewalk be made available along Northwest Avenue (near Jerry Chambers Chevrolet) during construction of the Marriott Hotel. Additionally, she hopes the trails into Cordata Park are permitted soon so they can get started on this project and have a ground breaking this year.

Patrick McKee, 2801 Grant Street described a situation where he feels the definition of family in the Bellingham Municipal Code, which makes it clear that people in protected classes as described in U.S. Title 42 should not be counted as unrelated for the purposes of Bellingham's description of family. He said, a local landlord has decided to use this new definition of family by proposing a six bedroom, single family home in Sunnyland's single family area. He has looked at the plans and said it cannot be described as a single family home yet the Planning Director is allowing the permit to move forward. He described the structure and feels it is more like a studio apartment building than a single family home. The new definition is allowing the Planning Director to call this a single family home and it is allowing a remodel of an older warehouse building and allowing it in an older established neighborhood that has been zoned single family for about 29 years. There are not protections in place as a result of this being allowed by the City Council. The owner has said he is going to use this property as a group home and there are no limitations on the number of people who can be housed in this new dwelling structure. He feels that the city needs to come up with protections for single family homes and asked the city council to delay the implementation of this permit until the city can get some control over its impact in a single family neighborhood.

Jack Petree, 2955 Sunset referenced the Peak Oil Taskforce that was approved by the council [Resolution #2008-16]and encouraged the taskforce to look into ways that Bellingham can do a better job of being a green community. He suggested areas to consider are: the Clean Green facility and our garbage, which is shipped elsewhere using millions of gallons of diesel. Both of these could be incinerated to recover energy. Urban forestry is an important part of community design in terms of enhancing the quality of the community and noted that where and what species of trees are planted, can actually save energy.

Johnny Grames asked that BTV10 be opened up for public access.

PRESENTATION(S)

AB18447 Resolution 2009-15
1. RESOLUTION RECOGNIZING THE 10-YEAR ANNIVERSARY OF THE OLYMPIC PIPELINE EXPLOSION AND SUPPORTING A NATIONAL PIPELINE SAFETY DAY

SNAPP / BARBARA RYAN moved final approval of Resolution #2009-15. MOTION CARRIED 6-0.

AB18448 2. TEN YEARS OF HABITAT RESTORATION IN WHATCOM CREEK

`Renee LaCroix, Environmental Coordinator presented a PowerPoint showing the restoration along Whatcom Creek. She reviewed the natural resource damages from the explosion and the extensive restoration that has taken place in vegetation, habitat, aquatic habitat and water quality. Staff continues to monitor the area and although complete recovery of the area may take decades, the ecosystems associated with Whatcom Creek are recovering.

Information only.

PUBLIC HEARING(S)

AB18428 Resolution #2009-16
1. RESOLUTION ADOPTING THE 2010-2015 TRANSPORTATION IMPROVEMENT PROGRAM (TIP)

Chris Comeau, Transportation Planner made the staff presentation. He reviewed the funding source definitions, the worksheets and the geographic distribution. [Draft TIP, agenda packet, pps. 35-62.]

Mr. Comeau briefly reviewed each project:

Project #1: McLeod Road Sidewalk in conjunction with Project #2.
Project #2: Northwest/McLeod Roundabout and Multi-modal Improvements.
Project #3: Bill McDonald Parkway & 25th Street Intersection and Pedestrian Improvements
Project #4: James Street Road, Phase 1 Bridge Replacement and Multi-modal Improvements; Woodstock to E. Orchard
Project #5: Boulevard Park to Cornwall Avenue Overwater Pedestrian Walkway (would be in conjunction with parks planning and the waterfront and is eligible for a grant).
Project #6 (a, b, c, d): Waterfront District Multi-modal Improvements
· 6a: Cornwall Avenue Bridge & Multi-modal Improvements
· 6b: Central Avenue Multi-modal Improvements
· 6c: Wharf Roundabout Multi-modal Improvements
· 6d: Railroad Relocation
Project #7: James Street Road, Phase 2 Multi-modal Corridor Improvements; E. Orchard Drive to Telegraph Road.
Project #8: West Horton Road Multi-modal Corridor Extension; Horton terminus to Aldrich Road.
Project #9: Birchwood Avenue to James Street Road Multi-modal Connector.
Project #10: San Juan Boulevard Multi-modal Corridor.
Project #11: Lincoln Creek Transportation Center (WWU/WTA).
Project #12a: Yew Street Bicycle & Pedestrian Improvements.
Project #12b: Transportation Options Carolina Street Sidewalks (into Roosevelt Park)
Project #12c: Electric Avenue Pedestrian Improvements
Project #12d: Transportation Options Birchwood Avenue Sidewalk
Project #12e: Transportation Options Nevada Street Sidewalk
Project #13: Annual Arterial Pavement Resurfacing Program

Council President Buchanan opened the public hearing.

Julianna Guy, 4559 El Dorado referenced Project #8 (Horton extension). It has been put on the TIP but it's probably six years out and that means the Cordata Park will be another six years before anybody can actually go out there and throw a Frisbee. She would like to see enough progress that the road could be put through so that construction trucks could get into where the park needs to be developed (about 600'). If that could be resolved by modest paving to handle the trucks it would make a huge difference. She is aware that the Parks Department is working on getting grants to be able to help develop the park and would like consideration given so that the park can get started.

Jack Petree, 2955 Sunset said that this is the first year where the six-year TIP extends to the end of the planning period that the UGA's were set up to take care of. The planning period in the original 1995 Bellingham Comprehensive Plan and the 1997 County Plan was 1995 to 2015.

A Hearings Board decision designates that the whole point of growth management planning is to encourage people to live in the cities. It say, in part, “Designation of a traditional UGA generally establishes certainty that: 1) the development of the land within it will be urban in nature; 2) this urban land will ultimately be provided with adequate urban facilities services within the planning horizon…” . Data demonstrates conclusively that it is what Bellingham does that determines sprawl, not all those lots out in the county because those lots were available when we didn't get growth in Bellingham and those lots were available when most of the growth did go to Bellingham. The difference was the urban growth area and the ability to build it. There is not anything in this TIP that assures that the urban growth areas will be ready to accept growth throughout them, as required by the law, by 2015.

Preston Schiller, 1704 6th recalled exchanges with representatives from Boulder, Colorado that led to talks here in the community and at the city which created enthusiasm about the phenomenal changes that occurred in Boulder between the 1980's and 1990's that led to huge increases in transit ridership and coupling together of non-motorized transportation, bicycle and pedestrian projects with amenities and flood control along Boulder Creek. This led to a whole series of different ways of doing things in transportation in Boulder. Seven years ago a group from the city went to Boulder and came back enthusiastic about the lessons learned from Boulder, which he feels, should be coupled with lessons from Whatcom Creek. He feels the Transportation Improvement Plan should reflect the lessons we learned from Boulder and other cities and Whatcom Creek. Additional thoughts he shared included:

· What are we doing to accommodate cars less in the city and reduce traffic overall?
· The need to accelerate improvements in walking and bicycling and transit.
· The need for a clearer vision.
· Policies in place that tell us how we should prioritize these investments.
· Ways to integrate trail and greenway system and make some transportation purposes better.
· The Boulevard Trail is often used for commuting and needs widening.
· The abandoned rail tunnel could be used for bicycling and walking and perhaps, emergency vehicles only, access to the hospital.
· The city needs a Transportation Commission as soon as possible.

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

Council Member Weiss in exchanges with staff made the following conclusions:

· He would like to see the Iowa Street freeway interchange added to the TIP as it is a priority area for improvement.
· San Juan Boulevard – would like a reconciliation of numbers on the discrepancy of dollars printed in the current report and prior report.
· What is the current status of the list for the stimulus request, a lot of which, is for the waterfront.

Mayor Pike replied that because the stimulus piece was not as large as anticipated and was not sufficient for the needs we had identified, for the most part, the city has stepped back and let the other jurisdictions step forward because they could use it more meaningfully. The City of Bellingham did receive some meaningful pedestrian improvements and the support and appreciation from other communities by supporting the City of Bellingham in its' applications to competitive processes for waterfront projects and high speed rail.

In response to the request during public comment for temporary sidewalks on Northwest during hotel construction, Mr. Comeau said he would report this request to the project engineer.

Additionally, during the public hearing, concern was expressed for improvements to the access point to Cordata Park on Horton Road so that work can begin on the trail system in Cordata Park. Mr. Baldwin explained that staff is working with the Parks Department to obtain a detailed analysis of the wetland impacts in the area. There is more wetland than Parks had anticipated and that has pushed their construction schedule back.

Additional discussion occurred between staff and council to make clarifications on the report.

BJORNSON / BORNEMANN moved final approval of Resolution #2009-16 MOTION CARRIED 6-0.

REPORTS OF COMMITTEES

COUNCIL STANDING COMMITTEE MEETINGS:

PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: LOUISE BJORNSON, CHAIR; GENE KNUTSON; STAN SNAPP

AB18449 1. AUTHORIZATION FOR NIGHT WORK FOR SEWER REPLACEMENT PROJECT AT LAKEWAY DRIVE AND LINCOLN STREET

BJORNSON / SNAPP moved to authorize the Mayor to approve noise variance request to BMC 10.24.120(4) to allow sewer replacement at the intersection of Lakeway Drive and Lincoln Street. MOTION CARRIED 6-0.

PARKS AND RECREATION
MEMBERS: BARBARA RYAN, CHAIR; LOUISE BJORNSON, TERRY BORNEMANN

AB18450 1. CAPITAL PROJECT UPDATE REGARDING IMPROVEMENTS TO FRANKLIN PARK

Information only.

TRANSPORTATION
MEMBERS: JACK WEISS, CHAIR; BARBARA RYAN; STAN SNAPP

AB18451 1. APPROVAL OF SUPPLEMENT #1 TO INTERLOCAL AGREEMENT WITH WHATCOM COUNTY FOR THE DESIGN AND CONSTRUCTION OF W. ILLINOIS/TIMPSON WAY, ES 310

WEISS / SNAPP moved to authorize the Mayor to execute Supplement #1 to Interlocal Agreement #2007 – 0465 with Whatcom County, for design and construction of West Illinois/Timpson Way. MOTION CARRIED 6-0.

AB18452 2. INTERLOCAL AGREEMENT WITH BELLINGHAM TECHNICAL COLLEGE FOR THE EXTENSION OF W. ILLINOIS/TIMPSON WAY, ES310

WEISS / BJORNSON moved to authorize the Mayor to execute an Interlocal Agreement with Bellingham Technical College for the extension of West Illinois/Timpson Way. MOTION CARRIED 6-0.

PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: TERRY BORNEMANN, CHAIR; BARBARA RYAN; JACK WEISS; LOUISE BJORNSON

AB18453 Resolution 2009-17
1. RESOLUTION AMENDING 2008 ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT STIMULUS FUNDS (CDBG-R)

BORNEMANN / BJORNSON moved final approval of Resolution #2009-17. MOTION CARRIED 6-0.

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

AB18454 CB 13527
1. ORDINANCE ADJUSTING CITY BUDGET FOR RECEIPT OF CDBG-R STIMULUS FUNDS

BJORNSON / SNAPP moved approval for first and second reading. MOTION CARRIED 6-0.

AB18455 2. FISCAL ALTERNATIVES FOR STABILITY TASKFORCE (FAST) RECOMMENDATIONS

Information only.

COMMITTEE OF THE WHOLE
MEMBERS: BARRY BUCHANAN, CHAIR

AB18405 CB 13528
1. CONSIDERATION OF A REVISED ORDINANCE TO CREATE A 500 FOOT ZONE AROUND SCHOOLS WHERE RETAIL ESTABLISHMENTS SELLING FIREARMS WOULD BE PROHIBITED

WEISS / BORNEMANN moved approval for first and second reading. MOTION CARRIED 6-0.

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

None submitted at evening meeting.

3. OLD/NEW BUSINESS

Council Member Weiss reported that the council had directed Mark Gardner, Policy Analyst to investigate and make comparison of cost impacts (impact fees, permits, etc.) for building residential homes in the city and the county.

EXECUTIVE SESSION – Report only.

1. POTENTIAL PROPERTY ACQUISITION: Staff provided information on the potential acquisition of a 3,188 square foot improved (with house) lot located at 1720 22nd Street, as part of the Padden Creek Daylighting project.

BORNEMANN / BJORNSON moved to authorize the purchase of said property at a purchase price of $205,000. MOTION CARRIED 6-0.

2. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Council provided direction. No action taken.

3. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Council provided direction. No action taken.

4. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Council provided direction. No action taken.

5. SQUALICUM RIDGE ROAD SEPA APPEAL: City staff provided an update on this litigation matter regarding the city's appeal of Whatcom County's SEPA determination for the Squalicum Ridge Road project. Direction was provided to staff. No action taken.

6. POTENTIAL LITIGATION: The city has received a demand by the general contractor on the Art & Children's Museum project, Ebenal General, to arbitrate various construction contract claims on the project. The contractor is seeking delay damages in an amount, according to the demand letter, of approximately $1.5 million.

BARBARA RYAN / BJORNSON moved to authorize the hiring of Attorney Ron Leaders as a special counsel to assist in representing the city in this matter. MOTION CARRIED 6-0

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. Information only. No action taken

9. LITIGATION – Hofstetter v. City of Bellingham: Staff provided an update on this litigation matter.

SNAPP / WEISS moved to authorize the hiring of outside counsel to assist in representing the city in this matter. MOTION CARRIED 6-0.

10. LITIGATION – Matia Contractors v. City of Bellingham: Staff provided an update to Council. No action taken.

MAYOR'S REPORT

AB18456 1. MAYOR'S APPOINTMENT OF CHARLES BERLEMAN TO THE CIVIL SERVICE COMMISSION

BARBARA RYAN / BORNEMANN moved to authorize the Mayor's appointment of Charles Berleman to the Civil Service Commission, term ending January 1, 2014. MOTION CARRIED 6-0.

AB18457 2. MAYOR'S APPOINTMENT OF JANE VROMAN AS THE WWU REPRESENTATIVE 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. 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.

AB18458 1. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM MAY 1, 2009 TO MAY 8, 2009.

AB18459 2. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM MAY 8, 2009 TO MAY 15, 2009.

AB18460 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM MAY 15, 2009 TO MAY 22, 2009.

AB18461 4. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM MAY 1, 2009 TO MAY 15, 2009.

BARBARA RYAN / BORNEMANN moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0.

FINAL CONSIDERATION OF ORDINANCES

AB18440 1. CB 13525
AN ORDINANCE RELATING TO THE 2009 BUDGET APPROPRIATING $10,355.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE PUBLIC SAFETY DISPATCH FUND TO PURCHASE COMMUNICATIONS EQUIPMENT FOR THE WHAT-COMM DISPATCH CENTER

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

MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-06-033

AB18442 2. CB 13526
AN ORDINANCE RELATING TO THE 2009 BUDGET TO ACCOUNT FOR THE RECEIPT OF A U.S. DEPARTMENT OF HOMELAND SECURITY GRANT TO PURCHASE MOBILE DISPLAY TERMINALS AND APPROPRIATING AN ADDITIONAL $39,043.23 OF EXPENDITURES IN THE GENERAL FUND

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

MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-06-034

ADJOURNMENT

There being no further business, the meeting adjourned at 9:35. Barry Buchanan, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 06/15/2009

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.