Bellingham City Council

Editor’s Note: The following comments by Jack Weiss refer to vote #251 approved at the December 13, 2010 meeting. The vote is listed before the comments.

251. Adopt a land use and rezone change in the Meridian neighborhood? (Public hearing held at 10/11/2010 meeting.) Richard and Janis Gray own approximately 9.37 acres in Area 1 and requested a land use change from “industrial” to “commercial/industrial” and a rezone from “industrial, planned” to “commercial/industrial, planned.” The property is located at the southwest corner of Dover Street and Division Road. A condition of the rezone requires the provision for a continuous road from Northwest Road to Pacific Highway. AB18992 (Ordinance 2010-12-75) Approved 6-1, Jack Weiss opposed.

From Jack Weiss: I opposed this spot rezone that will allow for another potential big-box store because it failed to meet four of the five criteria for a neighborhood plan amendment. Further, the city has not undertaken comprehensive planning or traffic management for this area on Bakerview, across the street from Fred Meyer. Combined with the increasing growth pressures from the airport and the recent announcement of three ill-placed hotel projects, this entire area is being planned to be car-centric by default and additional gridlock will result. This area should be rezoned for mixed use residential/smaller commercial urban village to allow for development without as high of a traffic footprint. This urban village site is called for in the Comprehensive Plan.

Shall the council:

1. Approve one contract for street paving and non-motorized projects? (Council acting as the Bellingham Transportation Benefit District) Public Works Director Ted Carlson recommended that the two paving projects — one financed by street funds and the other by the Transportation Benefit District funds — be combined into a single contract. Inspectors and project engineer would only have to deal with one contractor and there are also advantages of bulk purchasing power with a combined, single contract. Approved 7-0

2. Hire outside counsel to represent the city relating to potential water rights claims? The city does not release the name of potential litigators, the names of are released after lawsuits are filed. (Discussed in Executive Session) Approved 7-0

3. Appropriate $5,292,747 for goods and services checks issued from November 19 to December 17, 2010? (AB19076/19077/19078) Approved 7-0

4. Appropriate $2,485,555 for payroll checks issued from November 16 to November 30, 2010? (AB19079) Approved 7-0

5. Appropriate $2,441,637 for payroll checks issued from December 1 to December 15, 2010? (AB19080) Approved 7-0

6. Request that the state restrict new wells in the Lake Whatcom watershed? The mayor asked the Washington state governor to direct the Department of Ecology to issue an emergency rule closing the Lake Whatcom watershed to new groundwater withdrawals. The mayor has filed a petition with the state to institute this ban on new wells until the city and state are convinced that the county regulations and policies are doing as much as the city is to restore the Lake Whatcom. AB19072 (Resolution 2011-01) Approved 7-0

7. Revise restrictions on phosphorus in garden products used in the Lake Whatcom watershed? The ban on phosphorus fertilizers, mulches and soil amendments in the watershed will be extended from lawns and turf to all gardening and horticultural uses, and will include commercial properties. It will also repeal exemptions for lawns in their first growing season, and require all retail establishments that sell phosphorus products to provide signage and literature concerning the restrictions in the watershed. The city’s website will also contain a set of guidelines for gardening and horticulture in the watershed. The increased restrictions go into effect on 2/1/2011 AB18995 (Ordinance 2011-01-01) Approved 7-0

8. Continue current rates for untreated water? The rate structure for untreated industrial water will expire on 12/31/2010. Public Works was planning on reviewing and updating the rates during 2010, but the work was delayed until 2011. This ordinance will continue the rates starting on 1/1/2011. AB19055 (Ordinance 2011-01-02) Approved 7-0

Shall the council

9. Direct staff to hire bond counsel and bond underwriters to review and complete financing for issuance of Qualified Energy Conservation Bonds? A recent energy audit by Johnson Controls identified specific improvements that would reduce energy consumption in 22 city owned facilities. The federal government has given each state the authority to issue a limited amount of interest subsidized bonds for energy conservation projects. The city has been awarded up to $7 million of the state’s Qualified Energy Conservation Bond capacity to make the energy saving improvements. The federal subsidy will pick up 70 percent of the interest costs. (AB19083) Approved 7-0

10. Appropriate $462.64 for an automatic clearing house payment and $2,484,197 for goods and services checks issued from December 31, 2010 through January 7, 2011? (AB19087) Approved 7-0

11. Appropriate $2,598,292 for payroll checks issued from December 16 to December 31, 2010? (AB19088) Approved 7-0

12. Allow vehicle trip credits which will reduce Transportation Impact Fees in master planned urban villages? (Public hearing held at 12/6/2010 meeting.) The proposed system of credits could result in up to 50 percent reductions in impact fees for developments which are located in urban villages, close to WTA transit lines and are committed to reducing the need for vehicle trips through the use of infill development, provision for non-motorized modes of transportation, employer provided incentives and other measures as laid out by the transportation demand management program. Auto-oriented commercial developments and drive-throughs are not eligible. Urban Villages must have master plans, have adopted Urban Development Center zoning or have adopted commercial/historic zoning. At this time, specific areas include: City Center, Old Town, North Samish Way, Fountain District, Barkley Village and Fairhaven. AB19041 (Ordinance 2011-01-03) Approved 5-2, Michael Lilliquist and Jack Weiss1 opposed.