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You are here: Home) Government) Council) Meeting Materials) Agendas & Minutes ) November 03, 2008

RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, November 03, 2008, 07:00 PM
Book: 62, Page: 1


REGULAR MEETING


Called To Order The meeting was called to order by Council President Barbara Ryan, who led the Pledge of Allegiance.

Roll Call
Present:
Excused: ANNOUNCEMENT(S)

· On November 10th, @ 7:00 p.m. in City Council Chambers, there will be a public hearing regarding an extension of the interim emergency ordinance establishing a moratorium on building and land disturbance activities in the Lake Whatcom watershed.

· On November 10th @ 7:00 p.m. in City Council Chambers there will be a public hearing regarding an amendment to the Samish Neighborhood Plan component of the Bellingham Comprehensive Plan, and a corresponding rezone for approximately 2.62 acres located at the northeast corner of Elwood Avenue and Lincoln Street.

· On November 24th @ 7:00 p.m. in City Council Chambers there will be a public hearing regarding the City's Preliminary Budget for 2009.

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

APPROVAL OF MINUTES

KNUTSON / WEISS moved approval of the September 29, 2008 minutes of the regular Council Meeting as submitted. MOTION CARRIED 6-0.

KNUTSON / WEISS moved approval of the October 20, 2008 minutes of the regular Council Meeting as submitted. MOTION CARRIED 5-0-1, BJORNSON abstained due to her absence at that meeting.

Note: The October 6, 2008 minutes were approved at the October 20, 2008 meeting of council.


15 - MINUTE PUBLIC COMMENT PERIOD

Johnny Grames, 1506 Maplewood Avenue expressed concern about the move of the Social Security office and other businesses closing in the downtown area, causing a loss in the tax base.

Sharon Crozier expressed frustration with regard to restoration of the watershed. She feels that the county council has been proactive but the county administration has no money in the budget for the work in the watershed. She would like to see a permanent moratorium in the watershed with a rezone and downzone.

Dave Pros, 1466 Rory Road said the Growth Management Hearings Board requires the city to look at a population projection for 2029. He said this is a wonderful opportunity for Bellingham to re-examine these numbers and get a number that is not disproportionate countywide.

PUBLIC HEARING(S)

AB18195 1. ORDINANCE TO AMEND BMC 13.70 TRANSPORTATION CONCURRENCY MANAGEMENT AND APPLICABLE SECTIONS OF TRANSPORTATION ELEMENT TO ADOPT NEW MULTIMODAL TRANSPORTATION CONCURRENCY METHODOLOGY.

Chris Comeau, Transportation Planner reviewed the process to date. He asked council to determine if staff should be directed to bring this ordinance back on November 24th as part of the Comprehensive Plan amendments. He noted that the ordinance has changes in Development Code regulations that were created in 2006 in conjunction with the Comprehensive Plan update. He said this would help create a regulatory tool that will help the city carry out the goals and policies in the land use element and the transportation element.

He said the focus of his discussion will be on the challenge that the city has of balancing the fourteen major goals of the Growth Management Act (GMA). Given the inherent conflicts within these goals, this is not an easy task. The GMA requires the Comprehensive Plan to have internally consistent elements and all of these elements must be consistent with the future land use map.

Mr. Comeau noted that the 23 Urban Villages have been broken down into four tiers. The new Transportation Concurrency Methodology looks at Tier 1 and Tier 2. The urban villages that currently have adopted master plans, have an active process for a master plan, or have already adopted high density mixed use zoning will be the focus. The transportation element needs to implement and be consistent with the land use element. Therefore, if the city's land use element is calling for urban villages and infill, the city needs to help find a way to make that happen, i.e., the transportation concurrency ordinance must support infill and level of service (LOS) standards to allow infill. The requirements for transportation concurrency are very specific. The city is not allowed to approve development if concurrency does not exist. Planning jurisdictions determine appropriate levels of service and methodology used to monitor, maintain and enforce LOS standards for their jurisdictions. Concurrency is just one piece of the puzzle when considering transportation impacts. They must be considered along with street frontage improvements, environmental review when appropriate and transportation impact fees.

He explained that the current LOS “E” and “F” means that the roadway is carrying 100% of what it was designed for and usually only occurs during the PM Peak Hours (4:00 – 6:00 p.m.) with a spike at about 5 o'clock. During most of the day the levels do not exceed the levels of service. The goal is to find a better way to measure this situation and integrate the city's land use planning and transportation planning. In order to get good mixed use urban infill there will be some cases, in some places, at some time periods during the day, where the city will have traffic congestion in order to realize the land use vision. Staff has worked to create a new way to measure transportation concurrency with facilities for all modes of transportation while realizing the land use vision that was adopted in the land use element of the Comprehensive Plan.

The system being presented is consistent with the Comprehensive Plan and the Growth Management Act. It is multimodal, flexible and adaptable so as the city and its' circumstances change as Bellingham becomes urban, this way of measuring can be adapted to deal with changes within the city.

For the proposed changes staff has measured:

14 Concurrency Service Areas within the city.
Completeness of the bicycle and pedestrian networks.
Seated capacity and transit ridership as reported by Whatcom Transit Authority (WTA).
Vehicle capacity on the arterial streets.

Using a flow chart, these will be converted to “Person Trips Available” (page 35, agenda packet) as the new LOS standard adopted in the Transportation Element of the Comprehensive Plan.

Patrick Lynch, AICP, Senior Transportation Planner, TRANSPO Group explained “Policy Dials” [page 11, agenda packet]. The Policy Dials would be used to calculate Person Trips Available in the 14 service areas.

The program interfaces with the developer at the counter. As a developer comes with an application, the city would use these tools to calculate the person trips for the development. This process would help inform the process for developing and monitoring the 6-year Transportation Improvement Plan, trans- portation mode share goals and the land use element.

Mr. Comeau explained that the proposed Transportation Concurrency Methodology can be adapted to:

changes in mode shift,
adjusting the policy dial,
creating new concurrency service areas for new urban villages, rezones, land use decisions and annexations, and
multimodal mitigation: sidewalks, bicycle lanes and other non-motorized facilities, transit facilities and services.

Mr. Comeau noted that staff has worked with Whatcom Transit Authority and the Bicycle & Pedestrian Advisory Committee in developing this system. The proposed methodology is consistent with the Growth Management Act, and Comprehensive Plan and will bring the city closer to implementing its' goals and policies.

Staff and council members discussed the mechanics of the policy dials and flow chart and Mr. Comeau reiterated that these tools will allow adjustments as the city changes.

Council President Ryan opened the public hearing.

Dr. Robert Gibb, 204 Viewcrest shared his concerns about the emergency service issues, specifically in relation to the 12 Street Bridge and said a Washington State Department of Transportation study (May 2007) documents that over 11,000 vehicles per day traverse the bridge and that peak hours at the bridge are 7-10 a.m. and 2-7 p.m. Dr. Gibb said, in his opinion the peak hour is between 3-4 p.m. when school lets out and he is very concerned about the school children in case of an emergency in that area. He feels the proposed amendments should not be adopted until the emergency service issues are addressed. Additionally, he feels that the 12th Street Bridge should be included in the 6-year plan [Transportation Improvement Plan].

Norm Nielsen 2214 Happy Court, Chairman, Bicycle & Pedestrian Advisory Committee (BPAC). The Committee supports the proposed amendments because they will:

· make for consistency between the land use and the transportation elements of the Comprehensive Plan;
· facilitate the infill strategy of the Comprehensive Plans' land use element;
· encourage development of urban villages;
· minimize the need to expand vehicle facilities while providing additional facilities for alternative modes to help reduce traffic congestion and green house gas emissions;
· help achieve the city's mode shift goals; and
· ultimately it will lead to better bicycle and pedestrian facilities.

Jack Petree, 2955 Sunset said that under the Growth Management Act, concurrency is about assuring that growth can occur when growth that you've planned for is scheduled to take place. Countywide planning policies, by law, are called the framework upon which city and county Comprehensive Plans are built. Cities are expected to adhere to countywide planning policies. Mr. Petree said that countywide policy F-11 says the county and the city shall establish, through the Urban Fringe Subarea Plan Update, the policies, zoning and criteria to comply with current state growth management law. He feels that there is very little in the plan about what happens when concurrency is not available. He said, the city, as well as the county, are obligated to plan for the entire urban growth area and the first planning period to be addressed ends in 2015. He said there is supposed to be certainty that by 2015 development can take place throughout the planning period. He said, the city has not done this and it should.

Rick Nicholson, 2408 Mill, Service Development Director, Whatcom Transit Authority (WTA). Mr. Nicholson spoke on behalf of the WTA and expressed their support of the proposed amendments. He iterated the many accomplishments over the past few years with Smart Trips, “Go” lines and bus pass programs. He feels this is a natural step along that path.

Rick Chartrand, 3510 Cody Avenue took exception to the staff report with the following comments/questions:

· An LOS of E or F is wrong. Why would any level of service which promotes total congestion ever be used or encouraged?
· PM Peak hour LOS is not always accurate. AM Peak Hour LOS is typically higher. Recently he has done three professional peak hour studies for Connelly, the Stair Steps and Fairhaven Parkway and in all three cases the PM Peak Hour was 20-25% less than the AM Peak Hour. He has done many local, regional and global traffic studies in his professional career and many of the concepts that he has heard from the city seem to have blinders on.
· Who, and how, will multimodal counts of pedestrian and bikers be established?
· He finds the Policy Dial process skewed and if he can receive the data in the report he will provide a reverse engineered model for all of the council to use and more clearly understand the dials.
· He took exception to the weighted averages in the multimodal areas such as pedestrian and bike, which he feels, skews the results. Who is going to determine what those weights are in the Dial?
· Arterial streets must have sidewalks so why are sidewalks included?
· The multimodal elements of this model are mutually exclusive. Mr. Chartrand said that one cannot create people trips, lump them all together and then take them out of the bag. Sidewalks are mutually exclusive from bike lanes and bike lanes are mutually exclusive from roadways that carry automobiles and/or transit.
· Mr. Chartrand strongly recommends delaying or modifying the proposed ordinances so that it reflects reality rather than the view of a fashionable new concept.

John Brown, 505 Cypress Road stated that TRANSPO Group is working for the city and also working for the developers of Chuckanut Ridge. He suggested that there could be a conflict of interest. He asked if TRANSPO, as an agency hired by the city, can be relied on to recommend traffic regulations that might be detrimental to the interests of its' own clients? He advised council to deny the amendment and a neutral third party be hired to review the entire process.

Dick McKinley, Public Work Director replied that this issue has been reviewed by the Legal Department and staff has looked at this issue many times. He explained that TRANSPO is a very large and very qualified company. The consultants working with the city are not the same people that are working on other projects for TRANSPO. The TRANSPO representatives have helped to create a transportation model for the city and those people work in a completely different part of TRANSPO than those that work on individual development projects. There is no conflict of interest.

Mary Dickinson Governmental Affairs Director, Building Industry Association of Whatcom County (BIA), 3323 Northwest Avenue. Ms. Dickinson referenced the BIA's letter to the Planning Commission [page 73-77, agenda packet] and said that concurrency is not a topic that is easily understood as it is multifaceted and quite complex and is the vehicle in the Growth Management Act that allow things to happen. There are many ways to reach Level of Service, which is now called Person Trips and the BIA believes the city staff has addressed these types of mitigation. Ms. Dickinson requested that the written record remain open.

Michael Lilliquist, 1111 13th Street addressed the six-year planning period and concurrency service areas. He feels that with the current six year plan there is a perpetual lag in transportation capacity and a more realistic time period would be three years or less, funded, until completed. Concurrency service areas are one of the most important parts of the new transportation concurrency scheme as the problem with our current system is that one size fits all. For the city to have effective dials, there has to be well chosen boundaries. Whether the new concurrency rules can actually accomplish the goals is a function of the numerical settings on the dials and he wondered how those numbers were chosen, how they will work and what happens when those numbers are changed? He urged the Council to understand the numbers on the Policy Dial because they are so important.

Dave Pros, 1466 Rory Road feels that LOS F is unacceptable and to be avoided. He shared a personal story of friends who, in an emergency, had to wait at the [12th Street] bridge through three stoplights. He said, government should not allow this to happen and allowing areas to go to LOS F is wrong. He added that high density infill in outlying areas is a product of choosing a higher than needed population projection and feels the city should lower the population projection.

There being no further comments, the public hearing was closed. [Ed. note: At the end of this discussion a motion was made to keep the written record open until November 24, 2008.]

Council Member Weiss asked staff to respond to concerns about emergency response issues.

Brent Baldwin, Development Manager explained the transmitter system used by emergency services that help the flow of traffic during emergencies. He noted that at the 12th Street Bridge, there are concurrency issues along with a lack of connectivity in that area.

Council Member Weiss asked about issues with regard to Level of Quality.

Mr. Comeau noted that the definition has been struck [page 26, agenda packet] as it has never been measured. It can stay in if council chooses.

Council Member Weiss asked if the word “PM” could be removed from PM Peak Hour and just use 'Peak Hour'.

Mr. Baldwin replied that it is possible but all analysis has shown that the PM Peak is the heaviest volume.

Council Member Weiss cited areas where the peak hour is not in the PM (Geneva, 12th Street Bridge).

Mayor Pike noted that the national standard is the PM peak hour. By not using the PM Peak Hour there could be confusion when doing comparisons. He added that it is certainly possible to look at why an individual intersection is an anomaly to the normal experience.

Council Member Weiss asked for a follow up with regard to the concurrency periods.

Mr. Comeau explained that the concurrency period is addressed in the proposed ordinance under the definition of Financial Commitment. It is proposed to replace “six” years with “first, second, or third” years.

WEISS moved to keep the record open and wait to consider direction to staff at the November 10, 2008 meeting.
THERE WAS NO SECOND
BORNEMANN / KNUTSON moved to direct staff to bring back the ordinance as part of the Comprehensive Plan amendments and to keep the written record open until November 24, 2008.
MOTION CARRIED 6-0.


REPORTS OF COMMITTEES

PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: TERRY BORNEMANN, CHAIR; JACK WEISS, BARRY BUCHANAN, LOUISE BJORNSON

AB18196 1. UPDATE ON HOMELESS SERVICE CENTER

Information only.


TRANSPORTATION
MEMBERS: JACK WEISS, CHAIR; STAN SNAPP; TERRY BORNEMANN

AB18197 1. PARKING COMMISSION QUARTERLY UPDATE

Information only.


PARKS AND RECREATION
MEMBERS: JACK WEISS, CHAIR, LOUISE BJORNSON, STAN SNAPP

AB18198 1. APPROVAL OF “CORDATA PARK” AS THE OFFICIAL PARK NAME

BJORNSON / WEISS moved to adopt Cordata Park as the official name of the 20 acre park in the Guide Meridian/Cordata Neighborhood. MOTION CARRIED 6-0.

AB18199 2. CORDATA PARK MASTER PLAN

BJORNSON / SNAPP moved to adopt the Cordata Park Master Plan. MOTION CARRIED 6-0.

Council Member Bjornson noted that Whatcom County has donated seven acres to the park site for a total of 27 acres.

AB18176 3. CONSIDERATION OF THE PROPOSAL TO INCORPORATE THE CITY'S UPDATED PARKS, RECREATION AND OPEN SPACE PLAN (PRO PLAN) INTO THE CITY'S COMPREHENSIVE PLAN

BJORNSON / WEISS moved to direct staff to prepare a formal ordinance to incorporate the City's updated Parks, Recreation and Open Space Plan into the year-end Comprehensive Plan amendments including additional information on Level of Service.
KNUTSON offered a friendly amendment to also include additional budget detail and consider adding an inflation factor to future revenue projections.
BJORNSON / WEISS accepted the friendly amendment. MOTION CARRIED 6-0.
MAIN MOTION CARRIED 6-0.


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

AB18200 1. PROPOSED ORDINANCE TO BANK THE 2009 PROPERTY TAX LEVY INCREASE OF 1%

Staff will prepare ordinance for Council's consideration.


COMMITTEE OF THE WHOLE
MEMBERS: BARBARA RYAN, CHAIR

AB18201 1. DEPARTMENTAL BUDGET SUMMARIES FOR THE 2009 PRELIMINARY BUDGET

Council President Barbara Ryan reported that reports were received from the Police, Parks, Human Resources and Information Technology Departments. There was not time to receive all the reports scheduled. Remaining reports will be added to the schedule on November 10, 2008. A special worksession will be scheduled for Monday, November 17th from 3:00 p.m. – 5:00 p.m. to hear the Public Works budget summaries and any remaining departmental budget summaries.

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

None submitted at evening meeting.

3. OLD/NEW BUSINESS

Council Member Weiss noted that the Parking Commission has reduced the parking fee for scooters to 25¢.


EXECUTIVE SESSION – Report only.

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

2. LITIGATION: Hanson v. City of Bellingham: Staff provided an update on the status of this matter, which has been submitted to mediation.

BJORNSON / KNUTSON moved to authorize the Mayor to sign a Settlement Agreement resulting in a full and final release in consideration for a $25,000 payment to the plaintiff. The settlement will fully resolve this case. MOTION CARRIED 6-0.


MAYOR'S REPORT

AB18202 1. MAYOR'S APPOINTMENT OF NICK HARTRICH TO THE DESIGN REVIEW BOARD

BORNEMANN / WEISS moved to authorize the Mayor to appoint Nick Hartrich to the Design Review Board, term ending September 25, 2012. MOTION CARRIED 6-0.


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.

AB18203 1. BID AWARD VALVE AND ACTUATOR PACKAGES FOR THE WATER TREATMENT PLANT #126-2008

AB18204 2. BID AWARD FOR AGGREGATE GRAVEL, BID #124-2008

AB18205 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM OCTOBER 10, 2008 TO OCTOBER 17, 2008.

AB18206 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM OCTOBER 17, 2008 TO OCTOBER 24, 2008.

AB18207 5. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM OCTOBER 1, 2008 TO OCTOBER 15, 2008.

KNUTSON / BORNEMANN moved to approve the Consent Agenda in its entirety. MOTION CARRIED 6-0.


FINAL CONSIDERATION OF ORDINANCES

AB18184 1. CB 13475
AN ORDINANCE RELATING TO THE 2008 BUDGET CREATING THE BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY FUND (970), AND AUTHORIZING A TRANSFER OF $15,000.00 FROM THE WATERFRONT PROJECT BUDGET.

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

MOTION CARRIED 6-0 and was thereafter named Ordinance #2008-11-097

AB18185 2. CB 13476
AN ORDINANCE RELATING TO THE 2008 BUDGET RECOGNIZING RECEIPT OF A $2,500.00 WASHINGTON STATE LIBRARY CONTINUING EDUCATION GRANT AND APPROPRIATING RELATED LIBRARY EXPENDITURES IN THE GENERAL FUND.

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, KNUTSON, BARBARA RYAN, SNAPP, WEISS
NAYS:
ABSTENTIONS:
EXCUSED: BUCHANAN

MOTION CARRIED 6-0 and was thereafter named Ordinance #2008-11-098

AB18186 3. CB 13477
AN ORDINANCE RELATING TO THE 2008 BUDGET RECOGNIZING RECEIPT OF A $15,000.00 FIREMAN'S FUND INSURANCE COMPANY GRANT AND APPROPRIATING RELATED FIRE DEPARTMENT EXPENDITURES IN THE GENERAL FUND.

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

MOTION CARRIED 6-0 and was thereafter named Ordinance #2008-11-099

AB18187 4. CB 13478
AN ORDINANCE RELATING TO THE 2008 BUDGET RECOGNIZING RECEIPT OF A GRANT AWARDED TO THE BELLINGHAM POLICE DEPARTMENT AND APPROPRIATING RELATED EXPENDITURES IN THE GENERAL FUND TOTALING $18,300.00.

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

MOTION CARRIED 6-0 and was thereafter named Ordinance #2008-11-100

AB18188 5. CB 13479
AN ORDINANCE RELATING TO THE 2008 BUDGET RECOGNIZING RECEIPT OF A GRANT AWARDED TO THE BELLINGHAM POLICE DEPARTMENT AND APPROPRIATING RELATED EXPENDITURES IN THE GENERAL FUND TOTALING $257,208.00.

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, KNUTSON, BARBARA RYAN, SNAPP, WEISS
NAYS:
ABSTENTIONS:
EXCUSED: BUCHANAN

MOTION CARRIED 6-0 and was thereafter named Ordinance #2008-11-101



ADJOURNMENT

There being no further business, the meeting adjourned at 9:54 p.m. Barbara Ryan, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 11/24/2008



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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