Council Minutes for July 27, 2009 City of Bellingham, WA

RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON

COUNCIL CHAMBERS, CITY HALL
Monday, July 27, 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
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

Excused:

ANNOUNCEMENT(S)

· On August 10^th @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding a proposed annexation in the Queen Mountain area north of Bellingham.

· On August 10^th @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding a proposed annexation of the Van Wyck/James Street area north of Bellingham.

· On August 24^th @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding amendments to the Land Use Chapter of the Bellingham Comprehensive Plan, relating to Urban Village policies.

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

APPROVAL OF MINUTES

KNUTSON / BARBARA RYAN moved approval of the July 13, 2009 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.

15 - MINUTE PUBLIC COMMENT PERIOD

Henning Gatz, 916 Jersey Street discussed ways to increase capacity at Post Point.

Leonard Lindstrom, 2858 West Maplewood discussed social issues.

Gary Vodopich, 1419 34^th Street took issue with the definition of family [BMC 28.08.020F.1] and said that the city attorney had said "the rule of three" is unenforceable. And now, the Mayor has told him that possible licensing of landlords is also unenforceable. Mr. Vodopich said there are six rooming houses in his neighborhood with 7-10 people living in each of them. Two of his neighbors have moved due to the problems and he and one of his neighbors have gotten their property taxes reduced because of the situation. He requested help for his neighborhood.

Marian Beddill, 2700 Old Fairhaven Parkway noted the report of an algae bloom in Lake Whatcom, which she said, is no surprise. It has also increased the necessity of treatment in the water treatment plant and she stressed that the lake can be fixed.

Patrick McKee, 2801 Grant Street urged the council to approve the amended version of BMC 20.28 regarding infill.

Karen Powers, 3229 Heights Drive, President of Local 114 AFSCME, spoke with regard to impending layoffs in her bargaining group. She said the council is being asked to approve the Transportation Commission and $50,000 has been allotted from the 2009 budget via the Street and Parking Funds. She said this amount of money could be used to retain an employee in her bargaining group.

Johnny Grames, 1506 East Maplewood requested public access to BTV10.

Jack Weiss spoke in support of saving the diversity mural at Shuksan Middle School.

Preston Schiller, 1704 6^th Street spoke in support of creating a Transportation Commission and feels it will save the city money and staff time as it merges the important roles of the Parking Commission and the Bicycle Pedestrian Advisory Committee.

Wes Frysztacki, Highland Drive endorsed Mr. Schiller's comments in support of the Transportation Commission.

Scott Miles, 1000 N. Garden spoke in support of a Transportation Commission.

PRESENTATION(S)

AB18520 1. CIGARETTE LITTER PREVENTION MONTH PROCLAMATION

Information only.

AB18521 2. TWENTY-SIXTH ANNUAL NATIONAL NIGHT OUT AGAINST CRIME

Information only.

AB18522 3. THE TRIPLE BOTTOM LINE BENEFITS OF THE TWO CITY-SPONSORED WASHINGTON CONSERVATION CORPS CREWS

Information only.

PUBLIC HEARING(S)

AB18523 CB 13542
1. AN ORDINANCE REGARDING THE PROCESS FOR ESTABLISHING THE DOCKET FOR ANNUAL COMPREHENSIVE PLAN AMENDMENTS

Clarification made by staff to insert (underscored words) to BMC 21.10.040, Section 3.B., third sentence, following the words “Regardless of when they are initiated under the Growth Management Act…” .

Marilyn Vogel, Senior Planner explained that this code amendment would clarify the process and would eliminate conflicting procedural language. The Planning Commission recommends approval.

Council President Buchanan opened the public hearing.

Michael Lilliquist, 1111 13^th Street feels that this would add predictability to the docketing process and will help the future Mayor's Neighborhood Advisory Commission to set its own schedule in providing feedback to the council.

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

KNUTSON / BARBARA RYAN moved approval for first and second reading with clarifying language provided by staff. MOTION CARRIED 7-0.

AB18524 CB 13543
2. A FINAL PUBLIC HEARING ON THE 2009 DRAFT SHORELINE MASTER PROGRAM (SMP) AND THE ADOPTION OF AN ORDINANCE

Mayor Pike noted that Mr. Jon Sitkin, representing the Port of Bellingham was not available to present the Port's proposal, however, it is included in the agenda packet [pps. 40-56].

Steve Sundin, Planner reviewed the process to date, which included an initial Public Hearing in July 2007 and several worksessions. Additionally, staff has been working on the integration of the Critical Areas Ordinance (CAO) and Shoreline Master Program (SMP). It has been reviewed by outside legal counsel and the sections of the CAO that might occur within shoreline jurisdiction, such as wetlands or steep slopes have been placed into the SMP so that they become the SMP's own regulations. The intent is to make it clear when the SMP applies, and when it does not, and also makes it easier to administer.

He clarified that the CAO is a protective document. The SMP is also a protective document along with a Comprehensive Plan, Land Use Ordinance and Shoreline Designations all rolled into one.

Tim Stewart, Director, Planning & Community Development Department explained that there are two state laws; one from the Department of Commerce and one from the Department of Ecology. The two agencies have recognized the tension between the two laws and sponsored a bill that did not make it through the legislature. Mr. Stewart explained that staff has been trying to fix it here but that the real fix needs to happen in Olympia.

Mr. Sundin reviewed responses to comments made with regard to Lake Whatcom on the draft SMP, which included:

TMDL (Total Maximum Daily Load) Language: Staff agrees that TMDL Language, the concept and the intent of that program should be referenced in the SMP.

Definitions: Staff agrees that definitions should clearly reference the WAC/RCW definitions as well as the Stormwater Ordinance, respectively.

Exemptions: Staff agrees that the use of herbicides within the watershed should be prohibited.

Cumulative Impacts: An analysis comprised of many different documents, working materials and best available science were used to develop policies and regulations. The Restoration Plan is also used in analyzing cumulative impacts.

Restoration Plan: This document identifies restoration projects citywide and can even go as far as watershed-wide. Restoration planning is based on resources, not on a timeline. He explained that in areas of the city where non-water-oriented uses are conducted, choosing elements of the restoration plan to become part of a project are required.

50' Lake Buffer: Staff has recommended a 50' lake buffer, which is currently 25'. The Planning Commission agrees. Expansion of nonconforming single family homes that are within the 50' buffer require a Shoreline Conditional Use permit, which are approved by the Department of Ecology who also administers the TMDL study so we expect there to be a linkage there.

Mr. Sundin noted that the Port of Bellingham's proposal includes a new shoreline designation subarea, “Shoreline Recreation”. The notable difference is that in the Port's sponsored plan, non-water-oriented uses are not permitted as opposed to the City's plan, which shows that non-water-oriented uses can occur but must be established with a water-oriented use. The buffers in the Port sponsored plan are 50' which are the same as the maximums in the Planning Commission recommendations. For Water Enjoyment Uses in a Structure, the Port sponsored plan has a setback that is less than what is in the Planning Commission recommendations.

Mr. Sundin then outlined the next steps. When the SMP is accepted by the city, it then goes to the Department of Ecology (DOE) for review. DOE will provide the city with a punchlist and the city will begin another process to determine which of those items fit Bellingham and which items don't. The items that don't fit Bellingham are then negotiated with the state. In the meantime, the DOE also conducts a public process. He added that it is important for the city to move this document forward so that the current, 1989 version can be replaced.

Council Member Weiss recalled that council had given direction last fall about waterfront issues and wondered if the Port's proposal could have been negotiated into the Master Plan and then be part of the SMP.

Mr. Sundin explained that to wait for the Master Plan the SMP would be held up further. It has been delayed this long because it was held up while outside legal counsel did their review. During that time the Port developed their alternative proposal.

Mr. Stewart pointed out that the Port's proposal [pps. 43-56, agenda packet] shows the strikeout/underline changes they have proposed. The Port's proposal suggests changes to the previous version regarding New Whatcom. The main difference from the previous discussion, which was conducted at the Planning Commission, is the addition of the Recreational Shoreline designation. This would, effectively, lock in the long term uses in those areas that are designated Recreational Shoreline when they are finally converted to a park use. During the interim they would be allowed to use those areas for cleanup/storage activities as described in Mr. Sitkin's letter [pps. 40-42, agenda packet].

Council Member Weiss and staff discussed timing of the Master Plan and the SMP. Staff explained that this has been one of the major quandaries of the relationship of the SMP to the Master Plan for the waterfront – trying to determine which goes first as they are interrelated. Part of the problem is the jurisdictional issue between the Departments of Ecology and Commerce. The Master Plan and the SMP have an entirely different state review and approval process. Council Member Weiss feels that it is difficult to understand how the pieces will fit together without a Master Plan. Mr. Stewart explained that if the SMP is approved by the council and the Department of Ecology, then the Master Plan would have to conform to the SMP, or the Master Plan would have to be amended.

Council President Buchanan opened the public hearing.

Cathy Lehman Futurewise; referenced written comments submitted to council and explained that it had been prepared by their in-house Shoreline Planner, who is a specialist in shoreline issues. Ms. Lehman offered the Planner's services, as a resource to the city. She called attention to two points from the letter: buffers and enforcement.

Buffers: Futurewise supports the approach of using small buffers. A system of requiring enhancement for new development in some of the degraded environments and reaches in the lake is necessary if the city wants to use smaller buffers in that area. She suggested that the city look at how the City of Kirkland has dealt with this issue.

Enforcement: Enforcement in the SMP is covered fairly well but Futurewise has three recommendations for improving it: 1) penalties should be increased to better cover costs of enforcement and to discourage violations; 2) violators should be required to pay a penalty fee of double or triple the normal amount; require violations, that might have qualified for an exemption, to pay variance fees for whatever standards they didn't follow at the double or triple fee; and the city should initiate a fine system, which may require deputizing an enforcement officer from building or land use fine systems; and 3) the city should withhold other land use and building permits until the violation is resolved.

Futurewise feels that these steps could help establish effective and efficient incentives to comply with the SMP requirements.

Michael Lilliquist, 1111 13^th Street said that it is scientifically supported that buffers are usually around 100' yet the SMP only calls for 50' in the shoreline residential areas, which may not be enough. He urged the council to seriously consider increasing the buffers to 100'.

George Dyson, 435 West Holly feels the city will get more economic benefit by allowing a wider range of development closer to the (salt) water's edge. The greatest investment in our future might be to preserve all of the maximum buffers we legally can because that's the true future wealth of our community, reviving downtown and making the waterfront truly accessible. This ambiguous new Recreational Zone allows an interim use for remediation which could go on for years and could actually preclude public access for a long time. A temporary use of Central Avenue as the main arterial roadway would, likewise, exclude access to the waterfront. The Transportation Commission does not mention water transport, which is the history and future of our community. He feels there should be a different focus emphasizing that this is a waterfront community and our economic lifeblood depends upon it. All of the city's assumptions should take that into consideration and should be written in strong language.

Wendy Steffensen, 2309 Meridian Street, North Sound Baykeeper, supports the 50' buffer. She said to keep in mind that all uses are allowed in a recreational buffer; it's not just limited to parks, so you can have water dependent, water related and water enjoyment uses, you just can't have residential and commercial. A 100' buffer is just for a park – it's not for a water dependent use, which has a 50' buffer. She described the setting at the Bellwether and Anthony's and said there are very narrow plantings that abut a paved walkway. This is not what she wants the waterfront to look like. She would like to see a buffer that would allow stormwater and filtration, habitat value and public access that is not paved. She recommends 50' buffers. There is zero buffer required for vertical sheet piles and she feels that is a disincentive for anyone taking the sheet piles out and naturalizing the shoreline. She would like to look at a 50' buffer throughout except where it's needed for water dependent uses. Even with a 50' buffer, if your use is water dependent you can encroach as much as you need to so that you can conduct your business. Ms. Steffensen supports incentives to include habitat restoration and said, in order to get the habitat restored, we would need to have the 50' buffer at all the sheet piles areas as well. In terms of the recreation designation she noted that there is 'construction staging' and 'remediation uses'; it is a concern to her that these terms are ill-defined and it is not known how long they could last.

Perry Eskridge, 3317 Northwest Avenue Government Affairs Director, Whatcom County Association of Realtors shared the following concerns:

Adjacent properties, Section 22.03.10.F. provides that adjacent lands to shorelands shall also be considered in Shoreline permit proposals as specified in the Revised Code of Washington. He feels this needs additional clarification.

Nonconforming lots, there is a 'contiguous lots under common ownership' section. He would like to make sure this doesn't result in a lot consolidation issue. Some people have been paying taxes on 5 or 6 lots, not realizing that the development potential is gone.

Single family residences are permitted outright in the Shoreline Plan so they would like to see some specification that expansion or enlargement of single family residences is not necessarily subject to a conditional use permit unless the house is expanding waterward.

Bill McCourt, 3495 Robertson Road submitted written comments and called attention to the following:

· There are three designations along the lake: natural, shoreline residential and urban conservancy. In terms of the natural designation he would like to see it extended to a property that is currently not within the city limits, but is indicated in Section 6 as the Euclid Creek Area. The property is currently owned by the City of Bellingham and may be a potential park development property. He feels it should be clear that it should be a natural area and not developed beyond the trails that probably already exist.
· The shoreline residential designation should be a minimum of 100'. He feels it is incumbent on the council to be very conservative in terms of these buffers.
· The urban conservancy zone should be established at a firm 200'.
· There is conflicting information, which needs to be clarified about the county designation for 100' buffer. He would not want the city to adopt a buffer that's less stringent than what the county had established. and said he supports the 100' buffer.
· He said the Master Plan has a restoration element attached to it. There are 50 items identified for restoration projects and issues in creeks and marine areas but, for Lake Whatcom, there are only three.
· He is disappointed in the city's restoration of the watershed and suggested council direct the administration to work on a restoration plan for the lake.

Llyn Doremus, 4017 Willowbrook Lake, Chairperson, Mt. Baker Sierra Club, expressed concern about the significant alteration to the waterfront and Lake Whatcom in the cleanup areas. The SMP can be a major tool to be able to start to reverse some of that. As much as possible, she feels the buffers are the best tool that we can use towards that. She also supports 100' buffers around Lake Whatcom and a 50' buffer-minimum in the waterfront area for natural processes as well as compliance with the water quality regulations.

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

The written record will remain open.

Mr. Sundin explained that single family residences are a priority use in the shoreline zone but they can cause the most damage. Once they are nonconforming, regardless of where they expand, staff feels that the shoreline conditional use permit is the most appropriate way to handle the impacts single family residences can pose on the shoreline environment.

He said, buffers are not required in areas where there are vertical structures, like a wharf on pilings or sheet piles. These areas are finite and are set up to facilitate water dependent uses. Marine trade areas, according to the Growth Management Act and its' guidelines, are meant to be preserved for these types of uses.

BARBARA RYAN / WEISS moved to postpone further consideration to the September 14, 2009 council meeting.

Council Member Ryan asked staff to provide a matrix for the worksession identifying land uses and setbacks and with each piece identified. Additionally, she asked that the following information be included:

· current recommendation,
· Port's recommendation,
· staff recommendation,
· Planning Commission recommendation, and
· a statement about how we've come to where we are and whether it makes sense, or not, particularly for the Waterfront District.

MOTION CARRIED 7-0.

BREAK
Council President Buchanan called the meeting back to order at 9:34 p.m.

REPORTS OF COMMITTEES

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

AB18525 1. DISTINGUISHED BUDGET PRESENTATION AWARD

Council Member Knutson reported that the sixth consecutive Distinguished Budget Award was presented during committee to Brian Henshaw, Budget Manager; Pat Starcher, Budget Specialist and Karla Buckingham, Budget Technician. Information only.

AB18526 2. REVIEW OF SECOND QUARTER FINANCIAL REPORT

Council Member Knutson highlighted the report by the Finance Director during committee. The city revenues may begin to recover in late 2009/early 2010. The city will need to stay focused on cost controls to maintain strong financial discipline and to operationally learn to do with less. The city's preliminary budget will be presented at the October 19 City Council meeting. Information only.

AB18527 Resolution #2009-23
1. “A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE DETERMINATIONS OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES FROM PROCEEDS OF BONDS ON BEHALF OF THE CITY.”

KNUTSON / BJORNSON moved final approval of Resolution #2009-23. MOTION CARRIED 7-0.

AB18528 Resolution #2009-24
2. A resolution setting the fee for purchasing residential density in recently annexed Transfer of Development Rights receiving zones.

“A RESOLUTION ESTABLISHING A FEE FOR DENSITY BONUSES IN SPECIFIC TRANSFER OF DEVELOPMENT RIGHTS RECEIVING ZONES PAYABLE TO THE LAKE WHATCOM WATERSHED PROPERTY ACQUISITION PROGRAM FUND.”

KNUTSON / SNAPP moved final approval of Resolution #2009-24. MOTION CARRIED 7-0.

AB18529 3. APPROVAL FOR MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE DEPARTMENT OF ECOLOGY TO CONTINUE FUNDING FOR THE STORM & SURFACE WATER UTILITY (SSWU) SOURCE CONTROL PROGRAM

KNUTSON / BARBARA RYAN moved to authorize the Mayor to enter into an Interagency Agreement with the Washington State Department of Ecology to continue funding for the SSWU Source Control Program. MOTION CARRIED 7-0.

AB18530 CB 13544
4. A budget ordinance to accept a Department of Ecology grant into the Storm & Surface Water Utility (SSWU) Fund for the purpose of continuing the funding of the existing source control program

“AN ORDINANCE RELATING TO THE 2009 BUDGET RECOGNIZING AWARD OF A DEPARTMENT OF ECOLOGY GRANT AND APPROPRIATING AN ADDITIONAL $37,735.00 IN THE STORM AND SURFACE WATER UTILITY FUND, DEPARTMENT OF PUBLIC WORKS, TO PROVIDE STAFFING FOR THE TWO-YEAR LOCAL SOURCE CONTROL PARTNERSHIP PROGRAM, FROM UNANTICIPATED GRANT REVENUE.”

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

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

AB18531 1. BID AWARD: NORTHRIDGE PARK PHASE TWO, BID # 62B-2009

BARBARA RYAN / BJORNSON moved to award Bid No. 62B-2009 for Northridge Park Phase Two to HB Hansen of Lynden, Washington 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 $571,531.94, which includes WSST.

Council Member Knutson reported that property owners in the area are concerned about access to the park. There is no parking at the end of the street and the city will have to find a way to mitigate parking problems on Carrington Way

MOTION CARRIED 7-0.

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

AB18532 1. PARKING COMMISSION QUARTERLY UPDATE

Council Member Weiss highlighted the report made by the Chairman of the Parking Commission during committee. The Commission has been working to improve efficiencies. Those include, online payment of parking tickets and a better system for permit sales for parking. The Parking Commission has voted to delay a rate increase scheduled for January 1, 2010. Public Works is currently working on Request for Proposals for a service contract to do downtown business improvements, maintenance and maintenance of the Parkade. The Parking Commission supports the creation of a Transportation Commission and is in the process of investigating with city staff, a pilot project of using pay stations in the City Hall/Library block. Information only.

WEISS / BJORNSON moved to support the Parking Commission recommendation to delay the increase in parking rates for one year. MOTION CARRIED 7-0.

AB18533 2. BID AWARD: FRASER STREET PEDESTRIAN AND BIKE IMPROVEMENTS, PHASE 3, ES-386, BID # 63B-2009

WEISS / BARBARA RYAN moved to award Bid No. 63B-2009 for Fraser Street Pedestrian and Bike Improvements to Faber Brothers Construction of Lynden, Washington 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 $540,333.80. MOTION CARRIED 7-0.

AB18534 CB 13545
3. An ordinance to create a Transportation Commission

“AN ORDINANCE RELATING TO CITY ADVISORY BOARDS AND COMMITTEES PURSUANT TO BELLINGHAM CITY CHARTER, SECTION 7.01, ADDING A NEW CHAPTER 2.44 TO THE BELLINGHAM MUNICIPAL CODE AND ESTABLISHING A CITY TRANSPORTATION COMMISSION, ELIMINATING THE PARKING COMMISSION, ELIMINATING THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE, AND TRANSFERRING THE ADMINISTRATION OF RESIDENTIAL PARKING ZONES FROM THE FINANCE DEPARTMENT TO THE DEPARTMENT OF PUBLIC WORKS.”

BORNEMANN / WEISS moved to direct the Parking Commission to bring forward recommendations regarding categories and geographical boundaries for use by the Parking Fund, for council review by the end of December, 2009. MOTION CARRIED 7-0.

WEISS proposed the following amendments to the Transportation Commission Ordinance. Underscored words are added as follows:

BMC 2.44.070, Section 1: All revenues received from parking related activities, excluding revenues from parking fines and penalties, shall be paid to the Finance Director and credited to parking enterprise funds. Any expenditures shall be made in accordance with the budget adopted by the City Council.; and

BMC 2.44.070, Section 2: The current City Council Resolution creating the Bicycle and Pedestrian Advisory Committee 2001-11 is hereby repealed as of December 31, 2009.; and

BMC 2.44.070, Section 3: The current Chapter subsections 2.02.050, 2.02.055 and 2.02.060 of the Bellingham Municipal Code creating the Parking Commission is are hereby repealed. All other remaining subsections of current Chapter 2.02 of the Bellingham Municipal Code are hereby repealed as of December 31, 2009.

WEISS / BORNEMANN moved approval for first and second reading as amended.

BARBARA RYAN requested a friendly amendment to the end of the last sentence in Section 3, adding “after final approval by City Council”.
BARBARA RYAN withdrew her friendly amendment.

Council Member Knutson reiterated his concerns expressed during committee. He said, that although $50,000 has been set aside in the budget to support the initial work of the Transportation Commission, ongoing support of the commission cannot be supported without additional staff positions unless the Parking Commission and the Bicycle Pedestrian Advisory Commission (BPAC) are abolished.

Council Member Weiss said the BPAC and the Parking Commission are expected to meet one time with the new Transportation Commission. Extra funding would only be necessary if the Parking Commission needed some additional staff to do the work that Council Member Bornemann just proposed as far as developing policy recommendations for the Parking Fund.

Council Member Knutson will not support this because he feels the expectation is that a Transportation Commission will solve everything. The city will still have budget problems and action will still have to come to the council.

Council Member Ryan feels the $50,000 would help the Transportation Commission develop plans that will help council implement the goals in the Comprehensive Plan. It was designed to do a gap analysis of where we are with our pedestrian and bicycle system so that the city can prioritize the expenditures in an organized, citywide, strategic way. She sees this as a policy development organization which she feels will help council the most.

Council Member Bjornson will not support the motion due the severe financial and budget concerns and the ongoing costs of the program.

MOTION CARRIED 5-2, KNUTSON, BJORNSON OPPOSED.

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

AB18535 Resolution #2009-25
1. A resolution to adopt the City of Bellingham's water system plan

“A RESOLUTION ADOPTING AN UPDATED WATER SYSTEM PLAN, INCLUDING THE DOCUMENTS, MAPS AND REFERENCED STUDIES, REPORTS AND PLANS THAT HAVE NOT BEEN PREVIOUSLY ADOPTED BY THE CITY COUNCIL.”

BJORNSON / BORNEMANN moved final approval of Resolution #2009-25. MOTION CARRIED 7-0.

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

AB18536 1. A PRESENTATION BY WHATCOM COUNTY PLANNING STAFF REGARDING PROPOSED CHANGES TO THE COUNTY'S COMPREHENSIVE PLAN AND ZONING IN AREAS ADJACENT TO BELLINGHAM AND THE CITY'S URBAN GROWTH AREA

Council Member Bornemann highlighted the report given by David Stalheim of Whatcom County Planning, during committee on Limited Areas of More Intense Rural Development (LAMIRD). Some of the issues covered in the report included: “What is rural character?”; “Which areas are most appropriate for Type I LAMIRD designation?”; “How should the County evaluate potential LAMIRD's adjacent to the UGA's?” and “To what extent should critical areas influence Type I LAMIRD designation?”.

BORNEMANN / BARBARA RYAN moved to direct staff to prepare a resolution in support of the County's recommendations. MOTION CARRIED 7-0.

AB18482 CB 13546
2. An ordinance creating a new BMC 20.28 Infill Housing Toolkit, BMC 20.12.030.E Green Factor Landscaping Standards, and associated implementing code revisions to BMC 18.04.040, 20.08.020.F(3) and 21.10.040.C

“AN ORDINANCE RELATING TO LAND USE PLANNING AND ZONING, CREATING A NEW BMC CHAPTER 20.28 INFILL HOUSING, AND NEW SUBSECTION BMC 20.12.030.E, GREEN FACTOR LANDSCAPING STANDARDS, AND AMENDING BMC 18.04.040, 20.08,020.F(3), AND 21.10.040C TO IMPLEMENT THE NEW CHAPTER.”

BARBARA RYAN / KNUTSON moved approval for first and second reading with the applicability language amended as presented during committee. MOTION CARRIED 5-2, SNAPP, WEISS OPPOSED.

AB18483 CB 13540
3. An ordinance regarding sewer, water and infrastructure installation options for infill toolkit housing subdivisions

“AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE SECTION 15.08.040 – WATER SERVICE CONNECTIONS, SECTION 15.12.040 SEWER SERVICE CONNECTIONS, SECTION 18.12.040 SHORT SUBDIVISIONS REQUIRED IMPROVEMENTS, SECTION 18.28.020 INSTALLATION PRIOR TO FINAL PLAT APPROVAL, SECTION 18.28.100 WATER SYSTEM AND 18.28.110 SANITARY SEWER TO ACCOMMODATE INFILL HOUSING FORMS AND UPDATE OBSOLETE PROVISIONS.”

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

COMMITTEE OF THE WHOLE
MEMBERS: BARRY BUCHANAN, CHAIR

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

None submitted at evening meeting.

Council President Buchanan reported that there was consensus by the Council to approve the minutes of the Fishbowl meeting.

2. OLD/NEW BUSINESS

None presented.

EXECUTIVE SESSION – Report only.

1. POTENTIAL LITIGATION: Staff provided an update on a potential litigation matter. Direction was provided to staff. No action was taken.

2. POTENTIAL PROPERTY ACQUISITION: Staff provided updated information on the potential acquisition of an approximately 75 acre parcel of real property located along Northwest Road, between Kline Road and Waldron Road.

WEISS / BJORNSON moved to authorize the purchase of said property at a purchase price of $1,700,000.00 MOTION CARRIED 7-0

KNUTSON / BJORNSON moved to authorize the Mayor to enter into a Lease and Use Agreement with Cordata Investments. MOTION CARRIED 7-0.

MAYOR'S REPORT

AB18537 1. MAYOR'S APPOINTMENT OF TRISH HARDING TO THE BELLINGHAM ARTS COMMISSION

BARBARA RYAN / BORNEMANN moved to authorize the Mayor's appointment of Trish Harding to the Bellingham Arts Commission, term ending January 1, 2011. MOTION CARRIED 7-0.

AB18538 2. MAYOR'S APPOINTMENT OF DAVID WARREN TO THE BELLINGHAM-WHATCOM PUBLIC FACILITIES DISTRICT

BORNEMANN / BJORNSON moved to authorize the Mayor's appointment of David Warren to the Bellingham-Whatcom Public Facilities District, term ending July 30, 2013. MOTION CARRIED 7-0.

AB18539 3. MAYOR'S REAPPOINTMENT OF SCOTT DOROUGH TO THE GREENWAYS ADVISORY COMMITTEE

WEISS / BORNEMANN moved to authorize the Mayor's reappointment of Scott Dorough to the Greenways Advisory Committee, term ending July 31, 2012. MOTION CARRIED 7-0.

AB18540 4. MAYOR'S REAPPOINTMENT OF AARON SEATON TO BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE

SNAPP / BARBARA RYAN moved to authorize the Mayor's reappointment of Aaron Seaton to the Bicycle and Pedestrian Advisory Committee, term ending July 30, 2013. MOTION CARRIED 7-0.

AB18541 5. MAYOR'S REAPPOINTMENT OF CHRISTINA MAGINNIS TO THE LAKE WHATCOM WATERSHED ADVISORY BOARD

Information only.

AB18542 6. MAYOR'S REAPPOINTMENT OF MICHAEL LILLIQUIST TO THE LAKE WHATCOM WATERSHED ADVISORY BOARD

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.

AB18543 1. BID AWARD: FLEET SHOP GARAGE DOORS, BID # 71B-2009.

AB18544 2. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JULY 2 TO JULY 10, 2009.

AB18545 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JULY 10 TO JULY 17, 2009.

AB18546 4. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL AND ACCOUNTS PAYABLE FROM JUNE 16 TO JUNE 30, 2009.

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

FINAL CONSIDERATION OF ORDINANCES

AB18503 1. CB 13536
AN ORDINANCE RELATING TO THE ANNEXATION OF APPROXIMATELY TWENTY ACRES OF UNINCORPORATED CITY-OWNED PROPERTY KNOWN AS THE CORDATA PARK ANNEXATION AREA TO THE CITY OF BELLINGHAM. THE SITE IS LOCATED WITHIN THE CITY'S NORTHERN URBAN GROWTH AREA ADJACENT TO THE CITY'S GUIDE MERIDIAN / CORDATA NEIGHBORHOOD.

KNUTSON / 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 #2009-07-044

AB18505 2. CB 13537
AN ORDINANCE AMENDING THE 2009 BUDGET INCREASING THE EMPLOYER CONTRIBUTION TO THE UNEMPLOYMENT COMPENSATION FUND AND ESTIMATED ENDING UNDESIGNATED RESERVES BY $520,000.00.

BARBARA RYAN / WEISS moved to hold employee contributions to the Unemployment Compensation Fund in an Escrow account, until needed. MOTION FAILED 3-4, KNUTSON, BUCHANAN, SNAPP, BJORNSON OPPOSED.

KNUTSON / SNAPP moved to postpone final consideration to August 10, 2009. MOTION CARRIED 7-0

AB18506 3. CB 13538
AN ORDINANCE CORRECTING THE 2009 BUDGET FOR A GRANT IN THE AMOUNT OF $245,000.00 FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND REDUCING RELATED EXPENDITURES IN THE GENERAL FUND.

BORNEMANN / SNAPP 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 #2009-07-045

AB18507 4. CB 13539
AN ORDINANCE RELATING TO THE 2009 BUDGET RECOGNIZING AN INTERAGENCY AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND THE WASHINGTON TRAFFIC SAFETY COMMISSION APPROPRIATING $37,500.00 OF EXPENDITURES IN THE STREET FUND TO PAY FOR SCHOOL ZONE FLASHING BEACONS.

BARBARA RYAN / 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 #2009-07-046

AB18515 5. CB 13541
AN ORDINANCE RELATING TO THE 2009 BUDGET RECOGNIZING RECEIPT OF A BYRNE/JAG RECOVERY GRANT TO THE POLICE DEPARTMENT IN THE AMOUNT OF $103,147.00 AND INCREASING THE GENERAL FUND ESTIMATED ENDING UNDESIGNATED RESERVES.

BORNEMANN / 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 #2009-07-049*

*[Editor's note: Ordinance numbers 047 and 048 will be considered on August 10, 2009.]

ADJOURNMENT

There being no further business, the meeting adjourned at 10:46 p.m. Barry Buchanan, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 08/10/2009

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