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You are here: Home) Government) Council) Meeting Materials) November 07, 2013

RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON

Thursday, November 07, 2013, 01:00 PM
Book: 67, Page: 1

SPECIAL MEETING
Council Chambers



Called To Order

Roll Call
Present:
Excused:
PURPOSE


DISCUSSION


Committee of the Whole
Seth Fleetwood, Chair
Jack Weiss, Gene Knutson, Cathy Lehman, Stan Snapp, Michael Lilliquist, Terry Bornemann

AB20063 1. Review of the Waterfront District Sub-area plan and related documents

Presented by: Tara Sundin, Economic Development Director
Jeff Thomas, Planning and Development Director
Ted Carlson, Public Works Director
Rob Fix, Port of Bellingham Director
Mayor Kelli Linville
Kurt Nabbefeld, Senior Planner
Amy Kraham, Senior Assistant Attorney

ML/SS MOVED TO RECOMMEND AMENDING THE LAST BULLET ON PAGE 47 OF THE SUB AREA PLAN, SECTION 5.1, CIRCULATION POLICIES, TO:
The motion carried 6-0. CL excused.

GK/ML MOVED TO RECOMMEND ADOPTION OF STAFF RECOMMENDED CHANGES TO THE WATERFRONT DISTRICT SUB-AREA PLAN, DEVELOPMENT REGULATIONS, DESIGN STANDARDS AND PLANNED ACTION ORDINANCE WERE APPROVED BY THE COMMITTEE OF THE WHOLE ON OCTOBER 28 AND NOVEMBER 4TH AS PRESENTED.
The motion carried 6-0. CL excused.

TB/SS MOVED TO RECOMMEND DIRECTION TO STAFF TO COME BEFORE COUNCIL FOR POLICY DIRECTION RELATED TO THE NAMING OF STREETS IN THE WATERFRONT DISTRICT.
The motion carried 6-0. CL excused.

TB/GK MOVED TO RECOMMEND APPROVAL OF THE SUB AREA PLAN WITH THE RECOMMENDED AMENDMENTS.
The motion carried 6-0. CL excused.

GK/TB MOVED TO RECOMMEND APPROVAL OF THE DESIGN STANDARDS WITH THE RECOMMENDED AMENDMENTS.
The motion carried 6-0. CL excused.

ML/TB MOVED TO RECOMMEND AN AMENDMENT TO PAGES 12-13 OF THE DEVELOPMENT REGULATIONS TO:
AND TO PAGE 4 OF THE DEVELOPMENT AGREEMENT TO:
AND TO PAGE 7 OF THE DEVELOPMENT AGREEMENT, SECTION 13 TO ELIMINATE THE LAST SENTENCE OF PARAGRAPH 2:
The motion carried 6-0. CL excused.

JW/ML MOVED TO RECOMMEND AN AMENDMENT TO THE PLANNING COMMISSION'S RECOMMENDATIONS (page 4) REGARDING PAGE 12 OF THE DEVELOPMENT AGREEMENT, TABLE .430, TO STATE THAT THE MINIMUM LEEDS SILVER CERTIFICATION (OR EQUIVALENT) WOULD HAVE NO FLOOR AREA RATIO [F.A.R. BONUS AND ADD A NEW LINE SAYING THAT CONSTRUCTION NOT QUALIFYING FOR LEED SILVER CERTIFICATION (OR EQUIVALENT) WOULD RESULT IN A SUBTRACTION OF .5 F.A.R. FROM THE SUB ZONE BASE F.A.R. The motion was withdrawn. ML/JW MOVED TO RECOMMEND AN AMENDMENT TO SET A TRIGGER FOR AWARD OF OTHER BONUSES TO BUILDING TO LEEDS SILVER CERTIFICATION.
The motion failed 2-4. GK, SS, TB, SF opposed. CL excused.

TB/GK MOVED TO RECOMMEND APPROVAL OF THE DEVELOPMENT REGULATIONS WITH RECOMMENDED AMENDMENTS.
The motion carried 6-0. CL excused.

TB/GK MOVED TO RECOMMEND APPROVAL OF THE PLANNED ACTION ORDINANCE WITH RECOMMENDED AMENDMENTS.
The motion carried 6-0. CL excused.

ML/GK MOVED TO RECOMMEND AMENDMENT TO PAGE 4 OF THE DEVELOPMENT AGREEMENT, SECTION 3, AFFORDABLE HOUSING TO CHANGE "ENABLE" TO "ENSURE".
The motion carried 6-0. CL excused.

ML/GK MOVED TO RECOMMEND AMENDMENT TO PAGE 7 OF THE DEVELOPMENT AGREEMENT, SECTION 14, SECOND PARAGRAPH TO DEFINE THAT "COMMENCE" MEANS THE RECEIPT OF A COMPLETED APPLICATION.
The motion carried 6-0. CL excused.

ML/ MOVED TO RECOMMEND AND AMENDMENT TO THE DEVELOPMENT AGREEMENT TO ESTABLISH MONITORING FOR LIVING WAGE GOALS.
There was no second.

JW/ML MOVED TO RECOMMEND AN AMENDMENT TO PAGE 20 OF THE INTERLOCAL AGREEMENT FOR FACILITIES, SECTION 19.1, DATA USE, FIRST SENTENCE TO:
The motion carried 6-0. CL excused.

TB/SS MOVED TO RECOMMEND ACCEPTANCE OF STAFF CHANGES ON PAGES 22-23 OF THE FACILITIES AGREEMENT, SECTIONS 19.1 AND 19.2.
The motion carried 6-0. CL excused.

JW/TB MOVED TO RECOMMEND AMENDMENT OF THE FACILITIES AGREEMENT, SECTION 19.2., TO:

Every five years, the Port and the City will jointly scope and conduct a study of the economic impact of the Waterfront District, including data concerning employment, wages and, if possible, benefits.
The motion carried 6-0. CL excused.

JW/ML MOVED TO RECOMMEND AN AMENDMENT TO THE DEVELOPMENT AGREEMENT TO CREATE A NEW SECTION "HABITAT ASSESSMENT AND PLAN" WITH THE FOLLOWING TEXT:
The motion was withdrawn.

JW/SS MOVED TO RECOMMEND DELETION OF THE SECOND BULLET IN SECTION 13 OF THE DEVELOPMENT AGREEMENT AND MODIFYING THE FOURTH BULLET TO DELETE ALL USES EXCEPT "CARGO TERMINAL, WEB HOUSE AND OFFICES SUPPORTING THE SAME, OR OTHER USES SIMILAR TO ABOVE." The motion carried 6-0. CL excused.

JW/ MOVED TO RECOMMEND INFORM THE ADMINISTRATION AND THE PLANNING DIRECTOR THAT IT IS THE POLICY OF THE COUNCIL TO INCLUDE THE MAXIMUM IMPACT OF A 50-INCH SEA LEVEL RISE WHEN CONSIDERING REDUCTIONS TO SMP BUFFERS. THE OCTOBER 2013 CHRIS BEHEE FIGURE SHALL BE USED WHICH INCLUDES FURTHER SEA LEVEL CAUSED ENCROACHMENTS OF 15 FEET IN THE CLARIFIER AREA, 19 FEET AT THE GP DOCK AREA, AND 30 FEET IN THE LOG POND AREA.
The motion was withdrawn

JW MOVED TO RECOMMEND MODIFYING SECTION 14 OF THE TERM IN THE DEVELOPMENT AGREEMENT TO READ AS FOLLOWS: There was no second. JW/SS MOVED TO RECOMMEND MODIFYING SECTION 9 OF THE TRANSPORTATION IMPACT FEE CREDITS AND EXEMPTIONS IN THE DEVELOPMENT AGREEMENT TO READ AS FOLLOWS:
The motion failed 0-6. CL excused.

JW/SS MOVED TO RECOMMEND INFORMING THE ADMINISTRATION AND THE PLANNING DIRECTOR THAT IT IS THE POLICY OF THE COUNCIL TO INCLUDE THE MAXIMUM IMPACT OF A 50-INCH SEA LEVEL RISE WHEN CONSIDERING REDUCTIONS TO SMP BUFFERS. THE OCTOBER 2013 CHRIS BEHEE FIGURE SHALL BE USED WHICH INCLUDES FURTHER SEA LEVEL CAUSED ENCROACHMENTS OF 15 FEET IN THE CLARIFIER AREA, 19 FEET AT THE GP DOCK AREA, AND 30 FEET IN THE LOG POND AREA.
The motion was withdrawn.

TB/GK MOVED TO RECOMMEND APPROVAL OF THE DEVELOPMENT AGREEMENT WITH RECOMMENDED AMENDMENTS.
The motion was withdrawn.

JW/ MOVED TO RECOMMEND DELAYING THE ACCEPTANCE OF THE COMMERCIAL STREET GREEN, LOOP AND BRIDGE UNTIL AFTER NEGOTIATIONS WITH A MASTER DEVELOPER CHOSEN BY THE PORT.
There was no second.

JW/ML MOVED TO RECOMMEND ELIMINATION OF THE TWO STREETS PARALLELING THE COMMERCIAL STREET GREEN.
The motion was withdrawn.

JW/ MOVED TO RECOMMEND DELETING SECTION C.2.2.C COMMERCIAL STREET, SECTION C2.3.C COMMERCIAL STREET PARK SITE PREPARATION, SECTION C.4.2.B EXTEND COMMERCIAL STREET AND SECTION C.2.4.3A COMMERCIAL STREET GREEN PARK
There was no second.

JW/ MOVED TO RECOMMEND DELETING SECTION C.4.2.A COMMERCIAL STREET BRIDGE
There was no second.

JW/SS MOVED TO RECOMMEND ESTABLISHING THAT PARK, TRAIL AND HABITAT PURCHASES BY THE CITY SHALL BE VALUED AT EITHER $2/SQ FT IN SHORELINE BUFFER AREAS OR $8/SQ FT FOR ALL OTHER LAND WITHIN THIS SUB AREA THAT HAS BEEN IDENTIFIED FOR PARK, TRAIL AND HABITAT. THIS IS TO ACKNOWLEDGE THE COUNCIL’S UNDERSTANDING THAT THE CITY IS PROVIDING VALUE THROUGH THIS UPZONE AND SHOULD NOT HAVE TO SUBSEQUENTLY PAY FOR THIS APPRECIATED VALUE AFTER THE DECISION.
The motion failed 1 - 5. GK, TB, SS, SF, ML opposed. CL excused.

JW/ MOVED TO RECOMMEND ESTABLISHING THAT THERE IS ZERO VALUE FOR LANDS THAT WILL LIKELY BE SUBMERGED DURING THE MAXIMUM EFFECT OF THE MAXIMUM EXPECTED SEA LEVEL RISE. THIS WOULD INCLUDE 15 FEET IN THE CLARIFIER AREA, 19 FEET AT THE GP DOCK AREA, AND 30 FEET IN THE LOG POND AREA.
There was no second.

JW/ MOVED TO RECOMMEND INSERTING LANGUAGE IN THE INTERLOCAL AGREEMENT FOR FACILITIES TO STATE THAT IT IS THE CITY’S INTENTION NOT TO FINANCIALLY CONTRIBUTE TO FUTURE INFRASTRUCTURE IMPROVEMENTS IN PHASE 4 AND PHASE 5.
There was no second.

ML/JW MOVED TO MODIFY THE INTERLOCAL AGREEMENT SECTION 8.2 TO SUNSET THE DURATION OF CREDITS FOR PARK AT 30 YEARS AFTER THE EFFECTIVE DATE OF THE AGREEMENT.
The motion failed 2-4. GK, SS, TB, SF opposed. CL excused.

ML/JW MOVED TO REQUEST STAFF EXPLORE THE ABILITY TO MODIFY THE INTERLOCAL AGREEMENT SECTION 8.2 TO SUNSET THE DURATION OF CREDITS FOR PARK.
The motion failed 3-3. TB, SS, GK opposed. CL excused.

GK/TB MOVED TO RECOMMEND APPROVAL OF THE DEVELOPMENT AGREEMENT AS AMENDED.
The motion carried 4-2. ML, JW opposed. CL excused.

GK/TB MOVED TO RECOMMEND APPROVAL OF THE INTERLOCAL AGREEMENT ON FACILITIES AS AMENDED.
The motion carried 4-2. ML, JW opposed. CL excused.


ADJOURNMENT
There being no further business meeting was adjourned at 5:05 PM






Seth Fleetwood, Council President
ATTEST: J. Lynne Walker, Executive Assistant to the Bellingham City Council
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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