RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON

COUNCIL CHAMBERS, CITY HALL
Monday, March 23, 2009, 07:00 PM
Book: 63, Page: 1

Called To Order The meeting was called to order by Council President Barry Buchanan with the Flag Salute/Pledge of Allegiance led by Council Member Snapp.

Roll Call
Present:

Jack Weiss, Council Member, First Ward
Gene Knutson, Council Member, Second 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
Dan Pike, Mayor

Excused:

ANNOUNCEMENT(S)

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

· There will be a Public Hearing of the City Council of Bellingham on Monday, April 13th, 2009 at 7:00 p.m. in City Council Chambers, to take public comment on the following: Review of proposed amendments to the Bellingham Comprehensive Plan to determine which of the proposals should be docketed for review in the 2009 amendment process.

· There will be a Public Hearing of the City Council of Bellingham on Monday, April 13th, 2009 at 7:00 p.m. in City Council Chambers, to take public comment on the following: Consideration of map and text amendments to Bellingham Municipal Code (BMC) 13.70 multimodal transportation concurrency as a result of two annexations to the city.

APPROVAL OF MINUTES

BARBARA RYAN / KNUTSON moved approval of the March 9, 2009 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.


15 - MINUTE PUBLIC COMMENT PERIOD

Eli Mackiewicz, Lynn Street is an employee of the City of Bellingham and explained what he does as an employee of the city, which is to work with homeowners on how to find solutions to reduce their impact on the Lake [Whatcom]. One of the major things he stresses to homeowners and which best science, the TMDL Report (Total Maximum Daily Load) and the Silver Beach Ordinance stress is the reduction of lawn space for phosphorous-carrying water to be washed into the watershed. Currently the City of Bellingham is repairing and replacing the lawn at Bloedel Donovan Park. Adding lawn increases the ability for phosphorous caught in stormwater to be transmitted into the Lake and also adds phosphorous through cutting and mowing of the lawn. He said, “we tell people, in general, to remove their lawn to best serve the lake and yet they see us [the City] adding, repairing and maintaining a giant lawn directly next to the lake that we are hoping to protect”.

He feels there are options that need to be explored before installing grass in places where the City has told people not to have grass. He referenced Chapter 2, Section N of the Comprehensive Plan, which says, under Lake Whatcom Watershed Reservoir Policies to implement low impact development for all new residential infrastructure projects in the Lake Whatcom Watershed. He feels that adding and maintaining lawn is not low impact development; is counterintuitive and thus counterproductive. He would like the city and county to work together and the departments within the city to do research into the alternatives so there is input on alternatives for plans such as this [Bloedel Donovan lawn repair] and so that all sections of the city are working equally towards the same goal of protecting Lake Whatcom.

Bill Black 2751, Dakin Street noted the 20th anniversary of the grounding of the MV Exxon Valdez. He then addressed the water quality of Lake Whatcom and specifically herbicides being used at Bloedel Donovan Park. He said Bloedel is currently a mess – an open sore releasing phosphorous directly into the city's drinking water source. He feels this is due to an entirely misguided policy and practice of employing herbicides to achieve an antiquated weed-free ambiance. He hopes that council will personally visit Bloedel Donovan Park and the city would never again use herbicides at Bloedel. He would like the city to let nature heal Bloedel Donovan Park and our drinking water source instead of hindering them with chemicals.

Johnny Grames, 1506 E. Maplewood Avenue expressed his concern about the potential for an oil spill in Puget Sound and feels that with public access to BTV10, citizens could be educated on prevention and environmental issues.

Charles Law asked the council and citizens to “Vote for the Earth” by turning off lights for one hour on Saturday, March 28, 2009 from 8:30 – 9:30 p.m.

Bill Gorman, 1011 Queen Street, member of the board, Downtown Partnership (former Downtown Renaissance Network) asked that Council give the group consideration when considering changes to the budget.


PUBLIC HEARING(S)

AB18354 Resolution #2009-07
1. CONSIDERATION OF A NEW 20-YEAR POPULATION AND EMPLOYMENT GROWTH FORECAST TO BE USED IN THE 2009 URBAN GROWTH AREA BOUNDARY UPDATE PROCESS AND THE 2011 COMPREHENSIVE PLAN UPDATE PROCESS

“A RESOLUTION REGARDING ADOPTION OF NEW POPULATION AND EMPLOYMENT GROWTH FORECASTS TO BE USED FOR WHATCOM COUNTY'S URBAN GROWTH AREA REVIEW PROCESS AND IN BELLINGHAM'S 2011 COMPREHENSIVE PLAN UPDATE”

Greg Aucutt, Senior Planner, briefly reviewed two major projects that all jurisdictions are working on with the County:

1. Review and update Urban Growth Areas (UGA's). Work by the County must be completed and adopted by June 30, 2009.
2. Update all comprehensive plans by December 2011.

He noted that the County has applied for an extension of the June 30, 2009 deadline with the Growth Hearings Board.

In order to complete both of these projects, the city needs new 20-year population and employment growth forecasts and the County has asked for city recommendations by March 25th.

Mr. Aucutt noted that three recommendations are need from the city council:

1. Countywide population growth forecast.
2. Bellingham population growth forecast.
3. Bellingham employment growth forecast.

[See March 23, 2009 agenda packet for staff report, consultant report and Bellingham Planning Commission Findings of Fact, Conclusions and Recommendations, pps. 4-50].

Mr. Aucutt reviewed 2031 countywide population growth forecast options, which range from 220,000 to 330,000 [agenda packet, p. 8].

The Bellingham Planning Commission recommends:

1. Countywide: using the GMCC (Growth Management Coordinating Council) recommendation of 251,490. The current countywide population is 191,000 so this would represent an average of about 3,000 people per year. Over the last eight years the county has grown by an average of 3,025 people per year.
2. City: using the “Historical Share” scenario of 116,200.
3. Employment: using either the Historical Share approach (21,713 new jobs) or the Regional/Local Share approach (21,188 new jobs).

Council President Buchanan opened the public hearing.

Jack Petree, Sunset Avenue feels there are no facts supporting the decision being asked of council and feels there are many inaccuracies. He said:

· The study done by the County's consultant is erroneous.
· The population projection was developed on data known to be erroneous and then arbitrarily reduced even more, simply because a few people decided they wanted it that way.
· Projections and actual growth do not track.
· The Environmental Impact Statement that is to inform council's decision, has not even been started yet.
· The historical share data is incorrect as it is based on average share of growth from 1990 to 2008. However, prior to 1997 there was no Growth Management Act (GMA) in Whatcom County so the numbers are based on pre and post-GMA data.
· There is no data in the agenda packet dealing with the county's ten-year planning period, which is currently under review.

He feels the council has no solid data on which to base its' decision and/or recommendations.

Clayton Petree, Birch Street presented a graph which showed the percentage of Whatcom County Growth that has been accepted in Bellingham:

· 1990 to 1997 – Before GMA: 37.7%
(Whatcom County implemented GMA in 1997)
· 1997 to 2002 – After GMA 61.8%
(Reasonable Land Supply and Housing Choice)
· 2002 to 2008 – 41.7%
(Delay Period: Comprehensive Planning Delayed, Housing Choice Restricted)

He said growth management, when done properly, works to achieve the goal of reducing rural sprawl. He suggests choosing the Office of Financial Management (OFM) Medium projection, which he said, is most likely to occur and to consider the information in the charts he has presented when recommending an allocation for Bellingham.

Bob Tull, Attorney, 709 Dupont spoke in support of the Petree's statements. He reviewed processes to date and noted that the county is two years late on the ten year review; has not brought forward any analysis to the city based on the last ten years and the county is asking the city council to make a premature decision without sharing information or giving the city any analysis.

He urged the city to keep looking for realistic analysis. Over a year ago, testimony was submitted to the county that suggested that the rural areas were growing at about 2-1/2 times the rate that had been projected. The county's recent analysis confirms that it was actually four times the projected rate. He feels that one of Bellingham's big issues right now is: is there enough land to accommodate the housing choices that we think people want to make? He advised council that this is something that needs to be carefully looked out.

He believes it is going to be increasingly likely that lands in the current urban growth boundary that are partially developed are going to be difficult to build out because they're going to be difficult to annex; in part because the citizenry will not want to do it and in part because the city will not want to do it. There needs to be a very realistic look at all of the current UGA's and what it's going to take to annex them.

Mr. Tull gave further testimony with regard to considerations such as vehicle trip miles, emissions and pollution and said it needs to be demonstrated how new neighborhoods can address all of the myriad and important topics including transit friendliness and how Bellingham can be a leader in that regard. He suggested that the OFM numbers may be realistic but analysis of higher or lower numbers of population in terms of vehicle trip miles, as growth is disbursed throughout the county, should be considered. He concluded by again cautioning the council on making a premature decision.

Ken Mann, Maryland Street advised the council to pick a number with healthy growth rates that helps to create a sustainable community. He said, there is no way to pick the “right” number but pick one that is legally justifiable and one that you think will work for the community. He supports encouraging infill and density in the existing city as long as reasonable policies are in place to make that happen.

Paul Schissler, Executive Director, Kulshan Community Land Trust, raised three issues that will be important for the city and county to consider in the months and years ahead.

1. Encourage the county to be more aggressive about protecting rural areas. If Bellingham and the other small cities can more aggressively accommodate the increasing population then he feels the county will be better able to protect farmland, open space, and habitat.
2. Factoring in the job/housing proximity. This issue needs to be part of the plan for population growth – how are we going to accommodate affordable homes close to where the jobs are.
3. Create homes that people can afford. Half of the population, will have incomes less than the median income.

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

Council and staff had a lengthy discussion in which opinions, clarifications and justifications were presented, resulting in the following actions:

Council Member Weiss presented extensive amendments to the resolution.

WEISS / BORNEMANN moved final approval of Resolution 2009 – 07 as amended.
BARBARA RYAN requested a friendly amendment adding a fifth paragraph stating “Per CTED guidelines the city urges the county to monitor growth in the county and the cities and suggest modifications to projections and allocations as necessary.”
WEISS / BORNEMANN accepted the friendly amendment.
WEISS / BORNEMANN added the following to the fourth paragraph, inserting the word “could” after Whatcom County in the second line; and to strike "including" and insert “such as” prior to the word 'down-zoning' in the third line.

MOTION CARRIED 5-2, BJORNSON, KNUTSON opposed.

AB18355 2. PUBLIC HEARING ON THE PROPOSED 2009 BUDGET AMENDMENTS

John Carter, Finance Director explained that the proposed budget amendments on the reduction in revenues and expenditures had been reviewed with council during committee.

Brian Henshaw, Budget Manager added that although staff would normally present a budget ordinance for one particular item or fund; because of the overall magnitude of the changes a budget reduction has been done so that all of the reductions are formalized. The reductions are widespread throughout the funds and it must be clear that the expenditures have been reduced as they will be reflected in the accounting system. A condensed version of the budget reduction will be done and posted on-line.

Council President Buchanan opened the public hearing.
There were no comments from the public and the public hearing was closed.

Information only.


REPORTS OF COMMITTEES

COUNCIL STANDING COMMITTEE MEETINGS:

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

AB18356 CB 13503
1. AN ORDINANCE RELATING TO THE 2009 BUDGET APPROPRIATING $50,810,781.63 IN ADDITIONAL RESOURCES IN VARIOUS FUNDS TO RECONCILE THE DIFFERENCES BETWEEN ESTIMATED 2009 BEGINNING RESERVES AND ACTUAL 2009 BEGINNING RESERVES, PLACING THOSE DIFFERENCES IN THE ENDING RESERVE ACCOUNTS.

KNUTSON / SNAPP moved approval for first and second reading. MOTION CARRIED 7-0.

AB18357 CB 13504
2. AN ORDINANCE RELATING TO THE 2009 BUDGET APPROPRIATING $25,179,400.79 IN ADDITIONAL FUNDS TO PAY FOR GOODS AND SERVICES ORDERED IN 2008 BUT UNPAID AT YEAR END CLOSING, FROM UNANTICIPATED REVENUE AND ESTIMATED ENDING RESERVE BALANCES.

KNUTSON / SNAPP moved approval for first and second reading. MOTION CARRIED 7-0.

[Editors note: the following ordinances were read and voted upon in the following order.
AB18359 CB 13506
4. AN ORDINANCE REDUCING 2009 BUDGET REVENUES AND OFFSETTING REDUCTIONS IN NET EXPENSES IN THE GENERAL FUND, STREET FUND, AND DEVELOPMENT SERVICES FUND.

KNUTSON / SNAPP moved approval for first and second reading. MOTION CARRIED 6-1, BARBARA RYAN opposed.

AB18358 CB 13505
3. AN ORDINANCE RELATING TO THE 2009 BUDGET APPROPRIATING $44,439,800.56 IN ADDITIONAL RESOURCES TO PAY FOR GOODS AND SERVICES THAT WERE AUTHORIZED FOR ACQUISITION IN 2008 BUT NO PURCHASE ORDERS OR CONTRACTS WERE ISSUED BY YEAR END, FROM ESTIMATED RESERVES AND UNANTICIPATED REVENUE AND PLACING $494,860.89 OF REVENUE IN RESERVES.

KNUTSON / SNAPP moved approval for first and second reading. MOTION CARRIED 7-0.


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

AB18360 1. BID AWARD FOR EMERGENCY REPAIR – DIVERSION DAM ACCESS ROAD PROJECT NUMBER: EW-0174; BID NO. #023B-2009

BJORNSON / KNUTSON moved to award Bid No. 023B-2009 for Emergency Repair – Diversion Dam Access Road to Ebenal General, Inc. of Bellingham, WA 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 $438,543 which includes WSST. MOTION CARRIED 7-0.

AB18361 Resolution #2009-08
2. WATER CONSERVATION PROGRAM UPDATE

“A RESOLUTION OF THE CITY OF BELLINGHAM TO ADOPT REVISED WATER USE EFFICIENCY GOALS AND PERFORMANCE MEASURES”

BJORNSON / KNUTSON moved final approval of Resolution #2009-08. MOTION CARRIED 6-1, WEISS opposed.


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

AB18362 CB 13507
1. AN ORDINANCE TRANSFERRING JURISDICTION OVER APPEALS OF THE CITY'S BUILDING CODE DECISIONS FROM THE BOARD OF CODE APPEALS TO THE HEARING EXAMINER BY REPEALING BELLINGHAM MUNICIPAL CODE CHAPTER 2.63, AND AMENDING BELLINGHAM MUNICIPAL CODE SECTION 2.56.050 (B) AND THE APPEAL SECTIONS IN THE CITY'S BUILDING, RESIDENTIAL, EXISTING BUILDING, ELECTRICAL, FIRE, MECHANICAL, FUEL GAS, PLUMBING, AND PROPERTY MAINTENANCE CODES.

BORNEMANN / KNUTSON moved approval for first and second reading. MOTION CARRIED 7-0.


AB18363 2. PRESENTATION OF THE BELLINGHAM-WHATCOM PUBLIC FACILITIES DISTRICT (BWPFD) REPORT COVERING ACTIVITIES FROM JUNE THROUGH DECEMBER 2008

Council Member Bornemann reviewed the report on the BWPFD projects, which include the Art & Children's Museum, Mount Baker Theatre and downtown streetscape. The full report was presented during committee and is published in the agenda packet, pps. 171-174.

Information only.


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

AB18364 1. PARKING COMMISSION QUARTERLY UPDATE

Council Member Weiss summarized the report given by Frank Ordway during committee: Activities and goals for 2009 include:

The Parking Commission has entered into a new contract to enhance Parkade maintenance.
· Data on the 'free lunch' program (free parking during lunch hours) during November and December has been difficult because of the snow events during that time.
· A lot has been purchased at Maple & Cornwall Avenues that provides approximately 60 spots of surface parking.
· The Parking Commission has been working with Whatcom Transit Authority to establish park and ride opportunities at Northwest Avenue and Lakeway Avenue.
· Automated pay stations near Depot Market are working well.
· Amnesty program instituted for those with ten or more parking tickets.
· Parking Commission supports the work of council in establishing a Transportation Commission.

Information only.


COMMITTEE OF THE WHOLE
MEMBERS: BARRY BUCHANAN, CHAIR

AB18365 CB 13508
1. AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 2.36 FOR THE PURPOSE OF REVISING AND CLARIFYING THE RESPONSIBILITIES OF THE MUNICIPAL ART COMMISSION OF THE CITY OF BELLINGHAM.

BJORNSON / BORNEMANN moved approval for first and second reading. MOTION CARRIED 7-0.

AB18366 Resolution #2009-09
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELLINGHAM SPONSORING THE BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY'S REQUEST TO JOIN THE ASSOCIATION OF WASHINGTON CITIES EMPLOYEE BENEFIT TRUST.

WEISS / BJORNSON moved final approval of Resolution #2009-09. MOTION CARRIED 7-0.

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

None submitted at evening meeting.

4. OLD/NEW BUSINESS

Council Member Knutson reported that two landlord accountability bills in the Legislature did not pass.


EXECUTIVE SESSION – Report only.


1. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential acquisition of real property. No action taken.

2. POTENTIAL LITIGATION: City staff provided information regarding Whatcom County's recent re-issuance of a revised SEPA Mitigated Determination of Nonsignificance (MDNS) for the proposed Squalicum Ridge Road project. The city had previously commented on Whatcom County's original MDNS for the project on January 22, 2009. Based on the public comments received, the County withdrew its original MDNS on January 30, 2009 and re-issued a revised MDNS on March 6, 2009. On March 20, 2009, the City filed formal comments with the county regarding this revised MDNS.

BARBARA RYAN / KNUTSON moved to authorize an appeal of Whatcom County's revised MDNS (SEP 2008-00063) regarding the proposed Squalicum Ridge Road to the Whatcom County Hearing Examiner. MOTION CARRIED 7-0.


MAYOR'S REPORT

AB18367 1. MAYOR'S APPOINTMENT OF ROD DEAN AND LINDA GRANT TO THE GREENWAY ADVISORY COMMITTEE

BARBARA RYAN / SNAPP moved to authorize the Mayor's appointment of Rod Dean and Linda Grant to the Greenway Advisory Committee, terms ending March 30, 2012. MOTION CARRIED 7-0.

AB18368 2. MAYOR'S REAPPOINTMENT OF ERIC HIRST TO THE GREENWAYS ADVISORY COMMITTEE

KNUTSON / SNAPP moved to authorize the Mayor's reappointment of Eric Hirst to the Greenways Advisory Committee, term ending March 30, 2012. MOTION CARRIED 7-0.


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.

AB18369 1. AUTHORIZATION OF CHECKS ISSUED FOR PAYROLL PERIOD OF FEBRUARY 16, 2009 THROUGH FEBRUARY 28, 2009.

AB18370 2. AUTHORIZATION OF CHECKS ISSUED FOR ACCOUNTS PAYABLE CHECKS ISSUED MARCH 6, 2009 THROUGH MARCH 13 2009.

AB18371 3. AUTHORIZATION OF CHECKS ISSUED FOR ACCOUNTS PAYABLE CHECKS ISSUED FEBRUARY 27, 2009 THROUGH MARCH 6, 2009.

KNUTSON / WEISS moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0.


FINAL CONSIDERATION OF ORDINANCES

AB18339 1. CB 13502
AN ORDINANCE RELATING TO THE 2008 BUDGET APPROPRIATING AN ADDITIONAL $29,373.34 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE GOLF COURSE FUND FOR THE PURPOSE OF REIMBURSING LAKE PADDEN GOLF COURSE LLC FOR ROUNDS OF GOLF PLAYED ON PREPAID PASSES SOLD BY THE CITY PRIOR TO LEASE AGREEMENT 2008-0034.

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-03-009



ADJOURNMENT

There being no further business, the meeting adjourned at 9:30 p.m. Barry Buchanan, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 04/13/2009

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.