RECORD OF PROCEEDING OF CITY COUNCIL
CITY OF BELLINGHAM, WASHINGTON
COUNCIL CHAMBERS, CITY HALL
Monday, July 02, 2012, 07:00 PM
Book: 66, Page: 1
Called To Order The meeting was called to order by Council President Terry Bornemann who led the Pledge of Allegiance.
Jack Weiss, Council Member, First Ward
Gene Knutson, Council Member, Second Ward
Cathy Lehman, Council Member, Third Ward
Stan Snapp, Council Member, Fourth Ward
Terry Bornemann, Council Member, Fifth Ward
Michael Lilliquist, Council Member, Sixth Ward
Seth Fleetwood, Council Member, At Large
· On Monday, July 23, at 7:00 PM, in City Council Chambers, there will be a public hearing regarding proposed comprehensive plan amendments for 2012. Eight proposed amendments were submitted for docketing consideration - one each in the Cornwall Park, Edgemoor, King Mountain, South, Whatcom Falls Neighborhoods and three in the Sunnyland Neighborhood.
Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
APPROVAL OF MINUTES
SNAPP / LEHMAN moved to amend the motion to approve the June 4, 2012 minutes as corrected, made at the June 18, 2012 meeting and to remove the words “as corrected”. MOTION CARRIED 7-0.
Due to an error in the draft minutes of the June 18, 2012 regular City Council meeting, they will be held for review and considered at the next regular meeting.
15 - MINUTE PUBLIC COMMENT PERIOD
The following people spoke in support of placing the Bellingham Community Bill of Rights on the General Election ballot [AB 19619, also known as Coal Free Bellingham].
Public comment continued after Public Hearing.
AB19611 1. A Comprehensive Plan amendment and rezone for approximately 130 acres in Areas 5 and 13, King Mountain Neighborhood
Jeff Thomas, Director, Planning & Community Development briefly introduced the proposal. The Planning and Development Commission recommends approval of the second version of the proposal as presented. Staff recommends denial of the proposal as outlined in the revised staff recommendation [page 2-3, agenda packet].
Ralph Black, Owner, Alliance Properties LLC gave a brief history of the site and this project, which has been about a decade in the making. He projected a site map and described the boundaries, location and description of adjoining properties, the studies that have been completed and said they are ready to move forward with their concepts.
Bill Geyer, Geyer & Associates summarized past processes and noted that the city annexed this site in 2009 and a Concomitant Agreement (#2009–0459), was executed, which will be a key item as this goes forward. In 2009 the King Mountain Neighborhood Plan was created. Current zoning within Area 13 is Residential Multi Planned 4,300 square feet/unit and that can go to 1,800 square feet/unit with TDR’s, which Alliance Properties has in hand. Alliance is proposing a subarea of Area 13 as an Urban Village Plan with development regulations. The Concomitant Agreement provides an eighteen month review period once Alliance provides an urban village plan to the city.
Mr. Geyer said there are four specific decisions before the council:
Elizabeth Hines also has concerns about increased train traffic.
1. Adopt the King Mountain Urban Village Plan (KMUVP);
Mr. Geyer projected several maps, illustrations and concept pictures. The applicants have worked with staff and have many points of agreement. Alliance continues to move forward having done a detailed aerial survey of the site, identified information for Public Works, identified core area prospective uses, done additional tweaking to the infrastructure phase and continued internal financial planning.
Kathy Bell, Planner highlighted a few of the key issues that led staff to recommend that City Council deny the proposal:
2. add commercial uses (up to 40,000 square feet) ;
3. adopt the proposed urban village plan; and
4. adopt the design guidelines and development regulations.
· Concomitant Agreement: staff believes that the spirit and intent of the 2005 site plan, which was an Exhibit with the Concomitant Agreement, outlines densities, road alignments, mix of housing types, and provides some floor calculations for commercial uses. It is drastically different from the bubble diagram being submitted and included in the Master Plan. One provides an extensive amount of detail and the other, which the Planning and Development Commission supported, fails to provide that level of detail.
Council and staff discussions clarified the following:
Current zoning allows approximately 1,800 to 3,100 units.
This is an urban village.
Up to 40,000 square feet is required commercial.
There are no requirements for any multi-family units as the regulations are currently written.
Council President Bornemann opened the public hearing.
Bob Friske supports the Alliance Properties proposal.
Peter Hurd urged the council to adopt the zoning for the proposed site as urban village and supports the staff recommendation.
Steve LeCocq said, a number of years ago, the citizens of Whatcom County and Bellingham made the commitment for infill to help protect the resources in our community. This was definitely a leap of faith for all. We have local developers who are putting a lot of their own money and effort into making this happen; we have committed staff who have put a lot of work into this, and we in the neighborhood are trying to be open minded about this. This is a lot of growth and we need to design for success. Alliance, please work towards a proper urban village. Staff, please assist them and don’t hinder them with over-regulations. Mr. LeCocq recommended approval of urban village zoning.
Eigel Christoffersen supports Alliance Properties proposal.
Wendy Harris asked Council to deny the proposal.
Ted Stannard supports the conditional recommendation. He urged that whatever traffic pattern is eventually adopted, James Street should be treated as a neighborhood connector not an arterial.
Darrin Rankin urged the council to consider that this could be quite a few people in a small area and whether the economy is ready for a large increase in housing. He recommends rejecting the application.
Bill Geyer responded to public comment:
· Staff has failed to find anything within the development regulations that actually requires the development of a commercial core area. Without the development of a commercial core area that is substantial enough to be supported by the residential densities, you don’t have an urban village. It’s the nexus between the actual amount of density that is put in and the amount of commercial that can be supported.
· The zoning could have up to 3,100 units and the applicant is putting a cap of 1,500 units on the entire site, which includes the mixed use component. There is nothing to suggest that the range of units or the type of housing units would be anything other than single family.
· There are some inconsistencies in co-citations.
· The master plan is a visionary tool and the development regulations are not sufficient to implement that tool.
· The 2005 document is not a plan - it was never submitted, reviewed or adopted by any body. It was illustrative for the County Council and City Council on why and how that location should be considered for inclusion in the Urban Growth Area boundary.
There being no further comments, the public hearing was closed
Jeff Thomas noted that staff has just received a substantial rewriting of the development standards and will need time to review those. He read verbatim from a document: The Village at King Mountain, a Master Planned Community in Northern Bellingham, March, 2011 draft and King Mountain Urban Village Plan Draft April, 2012; Section 2 entitled ‘Vision, Subsection 2.1 Infill Development Potential’ page 5:
· The proposal identified approximately 1,500 units. There may be more or less.
· Immediately to the west of this location is the biggest commercial center in all of Whatcom County. The 40,000 square feet/commercial would be much like Barkley Village without the Haggen.
· Alliance Properties stepped forward, took the challenge of an urban village and executed the Concomitant Agreement.
· This application has a Determination of Non-significance by the Planning Director.
· The Planning and Development Commission deliberated and found unanimously, on all points of criteria for a Comprehensive Plan amendment and rezone and found that this project is compliant.
· Alliance Properties is ten years into just the planning, talking and discussion of this site. The construction and development will easily take 20-30 years.
The KMUVP decreases the residential capacity to 1,500 units (maximum) and expands the list of commercial uses to all permitted types up to a total capacity of 40,000 square feet of mixed commercial/residential uses.
Council President Bornemann disagreed with a comment by Mr. Geyer and said, that council did not say ‘we need an urban village and Alliance Property stepped forward' but that Alliance Properties said we want our property annexed and they presented a plan to the council to sell an urban village, which if created, the city could then master plan the whole area before development.
FLEETWOOD / BORNEMANN moved to return the item to a worksession of the Planning Committee at 10:00 a.m. on July 23, 2012 for further deliberation. MOTION CARRIED 7-0.
WEISS / KNUTSON moved to close the written public record. MOTION CARRIED 4-3, BORNEMANN, LEHMAN, KNUTSON opposed.
PUBLIC COMMENT - Continued
The following people spoke in support of placing the Bellingham Community Bill of Rights on the General Election ballot [AB 19619, also known as Coal Free Bellingham].
" Residential Commercial Mixed Use. When annexed to the city in 2009 King Mountain Area 13 zoning was designated as Residential Multi Planned allowing up to 1,800 residential units with options to increase the unit yield to 3,100 plus selected commercial units (small eating establishes, medical services and office uses)."
Judy & Jim Collins live on Horton Road and would like access to water service.
Wendy Harris referenced a handout she gave to council that discusses the ecological functions that are performed by wetlands. She asked the council to review the information before making a decision on the Bloedel Donovan Park Master Plan [AB 19592]. She would like the wetland and corridor highlighted and protected. The corridor is documented in the Shoreline Master Plan (SMP). The amendment to the Bloedel Donovan Park Master Plan emphasizes expensive, engineered storm water solutions while paying little to no attention to the wetland and a wildlife habitat corridor adjacent to the park. The SMP analysis recommends protecting and enhancing this area. Why isn’t that reflected in the master plan? Planting and diversifying the native plant community is listed as a way to benefit the shoreline, the wetland and to improve the habitat corridor. The means of improving the ecological functions and ecosystem services of Lake Whatcom is within reach. Let’s make it a priority to restore the wetland and habitat corridor, and to provide a better buffer around the wetland because of the increase in human use and impacts to the lake.
Robert Landon supports the rejection of Initiative Bill 2012-02 [AB19619].
Lisa McShane announced that a group would be going to Olympia on July 3rd for the voting of the Land Swap by the Board of Natural Resources that would allow the county to reconvey 8,700 acres of forest land around Lake Whatcom. If they vote yes, this will be the largest county park in the State of Washington. Additionally she complimented the resolution asking that the impacts of coal be analyzed during the upcoming Environmental Impact Statement (EIS). A programmatic EIS is important for the whole State of Washington. With 500 bulk carriers loading at Cherry Point, adding Bellingham-specific amendments will make the resolution even stronger: 1) analysis in the EIS of the impacts to the salmon runs and Bellingham Bay from those ships and 2) a full economic analysis of the waterfront redevelopment.
Yoshé Revelle shared that our lives and environment have value - they need to be protected.
Bill Geyer, Geyer Associates, Padden Trails LLC [AB 19483]asked the Council to reconsider their vote of June 18th and then vote to approve the Padden Trails Comprehensive Plan amendment and rezone.
Troy Kyles supports coal and said this project should be held to long established standards set forth for a project of this size. Nothing more, nothing less. The current EIS process already calls for a cumulative analysis of project impacts. This is the same analysis as a programmatic EIS will provide but without the added delays and red tape.
Kane Hall, Daylight Properties, took issue with having to pay Traffic Impact Fees in existing buildings downtown when uses change. When the use changes to a higher use the city charges a Traffic Impact Fee. He understands the need for new developments to help pay for traffic impacts. But this fee has already been paid on these older buildings and is discouraging development in the downtown and penalizes the developer for changing the building to a use that is more in line with the City Center Master Plan. Many rules affecting the downtown are based on rules prior to 1988; i.e., before the malls. The lid was taken off but the distribution of taxes was left as if the downtown were the only place to do major business. These don’t make sense anymore and in truth they are unfair. Businesses change use over time and properties that were constructed decades ago should be exempt from this impact fee.
Ramy Khalil said that those in the community in the environmental movement are not against job creation but want environmentally sustainable jobs that are good for our community.
Ian Alexander encouraged council to join the Environmental Protection Agency and Washington State Department of Ecology to push for broad scoping in the EIS process [AB 19619].
Gary Vodopich supports denial of the rezone of Padden Trails LLC [AB 19483].
CONSIDERATION OF AB 19617, 19618 AND 19619 from the Committee of the Whole moved to this point in the meeting.
AB19617 4. Staff update on potential rail issues associated with the proposed Gateway Pacific Terminal
AB19618 5. Resolution requesting that certain potential on and off-site impacts associated with the Gateway Pacific Terminal be analyzed as part of the SEPA and NEPA processes
Council President Bornemann reported that the Committee of the Whole directed staff to consider additional elements to this resolution at the July 23, 2012 meeting.
AB19619 6. Resolution related to Initiative 2012-02, the Bellingham Community Bill of Rights [also known as Coal-free Bellingham].
“A RESOLUTION CONCERNING INITIATIVE BILL 2012-02.”
FLEETWOOD / LILLIQUIST moved to insert language in the final paragraph reflecting Option 4 “defer the bill to the voters” and moved final approval of Resolution #2012-17. MOTION CARRIED 7-0.
Council President Bornemann called the meeting back to order at 10:37 p.m.
REPORTS OF COMMITTEES
Cathy Lehman, Chair
Jack Weiss; Gene Knutson
AB19612 1. Ordinance to appropriate Federal funds and amend the 2012 Budget for conversion of pedestrian crossing signals to numerical countdown displays
“AN ORDINANCE AMENDING THE 2013 BUDGET RECOGNIZING AWARD OF A $350,000.00 GRANT FROM THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR INSTALLATION OF PEDESTRIAN SAFETY IMPROVEMENTS.”
LEHMAN / LILLIQUIST moved approval for first and second reading. MOTION CARRIED 7-0.
AB19613 2. Ordinance to appropriate Federal funds and amend 2012 Budget for installation of safety improvements to the Alabama Street corridor
“AN ORDINANCE AMENDING THE 2012 BUDGET RECOGNIZING AWARD OF A $1,461,824.00 GRANT FROM THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR A FEASIBILITY STUDY AND INSTALLATION OF SAFETY IMPROVEMENTS ON ALABAMA STREET.”
LEHMAN / SNAPP moved approval for first and second reading. MOTION CARRIED 7-0.
Parks And Recreation
Seth Fleetwood, Chair
Stan Snapp; Jack Weiss
AB19592 1. Bloedel Donovan Park Master Plan Amendment
FLEETWOOD / SNAPP moved to approve the Bloedel Donovan Park Master Plan Amendment. MOTION CARRIED 7-0.
Lake Whatcom Reservoir & Natural Resources
Seth Fleetwood, Chair
Michael Lilliquist; Cathy Lehman; Stan Snapp
AB19614 1. Public Works Department reorganization - Natural Resources Division
AB19602 2. An Ordinance of the City of Bellingham to prevent the release and spread of nonindigenous Aquatic Invasive Species infestations
Review of changes. See action under Final Consideration of Ordinances.
Planning & Community Development
Jack Weiss, Chair
Michael Lilliquist; Cathy Lehman; Seth Fleetwood
AB19615 1. Housing and Urban Development (HUD) Consolidated Plan Briefing
Committee Of The Whole
Terry Bornemann, Chair
Jack Weiss, Gene Knutson, Cathy Lehman, Stan Snapp, Michael Lilliquist, Seth Fleetwood
AB19616 1. Library update
AB19483 2. Resolution denying the Padden Trails Comprehensive Plan amendment and rezone
“A RESOLUTION DENYING A PROPOSED COMPREHENSIVE PLAN AMENDMENT AND REZONE FOR PORTIONS OF AREAS 5 AND 6 OF THE SAMISH NEIGHBORHOOD, AND ADOPTING SUPPORTING FINDINGS OF FACT, CONCLUSIONS AND DECISION.”
WEISS / SNAPP moved final approval of Resolution #2012-18. MOTION CARRIED 4-3, KNUTSON, LEHMAN, FLEETWOOD opposed.
AB19590 3. Consideration of the Fairhaven Neighborhood and Urban Village Plan, development regulations and design standards
WEISS / LILLIQUIST moved to direct staff to adjust height in Area I-3 McKenzie Avenue Right-of-Way to 56’. MOTION FAILED 3-4, BORNEMANN, LEHMAN, SNAPP, FLEETWOOD opposed.
WEISS / KNUTSON moved to limit the Traffic Impact Fee area to the Commercial Core and RT1 and RT4. MOTION CARRIED 4-3, LEHMAN, BORNEMANN, FLEETWOOD opposed.
KNUTSON / WEISS moved to direct staff to incorporate changes and bring forward an ordinance on August 6, 2012.
LILLIQUIST offered a friendly amendment to direct staff to incorporate suggested design elements of arched windows and doorways. There were no objections.
MOTION CARRIED 6-1, LEHMAN opposed.
AB19617 4. Moved to follow Public Comment.
AB19618 5. Moved to follow Public Comment.
AB19619 6. Moved to follow Public Comment.
LILLIQUIST / LEHMAN moved to finalize and send the draft letter as presented to Council regarding the application materials for the Gateway Pacific Terminal to Whatcom County Planning & Community Development. MOTION CARRIED 7-0.
Executive Session – Report and action only.
James Bauckman also took issue with Charter Schools and said they are not what’s best for Washington.
Annie Prevost and is concerned about the ocean acidification from the ships.
Charlotte Gisbold and lives on State Street above the train tracks and has sleeping issues and so has concerns about increased train traffic.
1. Potential Litigation - Initiative 2012-02: Staff provided information on the court action entitled City of Bellingham v. Whatcom County et al, an action regarding Initiative 2012-02. Information only. No action taken.
WEISS / FLEETWOOD moved to deny the appeal of Claim No. 2012-09. MOTION CARRIED 6-0-1, (KNUTSON temporarily out of Chambers).
2. Potential Litigation: Claim No. 2012-09: Staff provided an update on an appeal under BMC 4.16.020, which authorizes claimants to appeal a denial of a claim for damages. Council considered Claim for Damages No. 2012-09.
3. Potential Litigation: Staff provided information on a potential litigation matter. Information only. No action taken.
4. Potential Litigation: Staff provided information on a potential litigation matter. Information only. No action taken.
5. Potential Property Acquisition: Staff provided information on a potential property acquisition. Information only. No action taken.
6. Potential Litigation: Staff provided information on a potential litigation matter. Information only. No action taken.
AB19620 2. Mayor's appointment of Charles Self to the Museum Foundation Board for Council's approval
SNAPP / LILLIQUIST moved to approve the Mayor’s appointment of Charles Self to the Museum Foundation Board, term ending July 2, 2015. MOTION CARRIED 7-0.
AB19621 3. Mayor's reappointment of Chris Webb and Heather Wolf to the Bellingham Public Development Authority for Council's Approval
LILLIQUIST / KNUTSON moved to approve the Mayor’s reappointment of Chris Webb and Heather Wolf to the Bellingham Public Development Authority (BPDA), terms ending July 21, 2015. MOTION CARRIED 7-0.
AB19622 4. Mayor's reappointment of Rod Dean and Linda Grant to the Greenways Advisory Committee for Council's approval
WEISS / SNAPP moved to approve the Mayor’s reappointment of Rod Dean and Linda Grant to the Greenways Advisory Committee, terms ending March 30, 2015. MOTION CARRIED 7-0.
AB19623 5. Mayor's appointment of Matt Randall to the Parks and Recreation Advisory Board for Council's information
AB19624 6. Mayor's appointment of Todd Donovan as the Columbia Neighborhood representative to the Mayor's Neighborhood Advisory Commission for Council's information
All matters listed on the Consent Agenda are considered routine and/or non-controversial items and may be approved in a single motion. A member of the Council may ask that an item be removed from the Consent Agenda and considered separately.
AB19625 1. Interlocal Agreement with the City of Blaine for usage of the Vactor Waste Transfer
AB19626 2. Authorization to accept a Puget Sound Energy Conservation Grant
AB19627 3. Bid Award for the purchase of Rescue Tools, Bid #35B-2012
AB19628 4. Authorization of checks issued for pay period June 8, 2012 through June 14, 2012
AB19629 5. Authorization of checks issued for pay period June 15, 2012 through June 21, 2012
AB19630 6. Authorization of checks issued for payroll June 9, 2012 through June 25, 2012
KNUTSON / SNAPP moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0.
FINAL CONSIDERATION OF ORDINANCES
The Clerk read changes into the ordinance as presented during committee.
AB19602 1. AN ORDINANCE OF THE CITY OF BELLINGHAM TO PREVENT THE RELEASE AND SPREAD OF NONINDIGENOUS AQUATIC INVASIVE SPECIES INFESTATIONS IN THE WATERS OF THE CITY OF BELLINGHAM; ADDING A NEW BMC SECTION 12.12.280, WHICH SETS FORTH PROHIBITIONS AND PENALTIES; AND AMENDING BMC 12.12.209
WEISS / KNUTSON moved approval for third and final reading as amended. Upon motion, said bill was placed on final passage and approved by the following roll call vote:
AYES: BORNEMANN, FLEETWOOD, KNUTSON, LEHMAN, LILLIQUIST, SNAPP, WEISS
MOTION CARRIED 7-0 and was thereafter named Ordinance #2012-07-034 as amended.
There being no further business, the meeting adjourned at 11:32 p.m.
Terry Bornemann, Council President
ATTEST: Linda D. Anderson City Clerk Representative
1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.
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