Council Minutes for June 29, 2009 City of Bellingham, WA

RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON

COUNCIL CHAMBERS, CITY HALL
Monday, June 29, 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 July 13^th @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding the proposed Cordata Park annexation area.

· On July 13^th @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding the City of Bellingham's proposed Legacy Statements and Strategic Commitments.

· On July 14^th @ 6:30 p.m. in Council Chambers, there will be a Council Worksession regarding Wastewater Treatment Plant improvements.

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

APPROVAL OF MINUTES

None submitted.

15 - MINUTE PUBLIC COMMENT PERIOD

George Dyson, 435 West Holly Street felt that there has not been public input on the proposed waterfront Interlocal Agreement between the city and the Port of Bellingham [AB 18491] and that important issues such as cleanup, finance, the street grid and Central Avenue have not been addressed.

Chris Elder, 1601 E Street advocated for public space and agriculture open space and extended an invitation to a garden party at his community garden on June 30^th.

PRESENTATION(S)

AB18481 1. PRESENTATION OF ESSENCE OF BELLINGHAM PHOTO COMPETITION AWARDS

Information only.

PUBLIC HEARING(S)

AB18482 1. A PUBLIC HEARING TO CONSIDER A NEW BMC CHAPTER, 20.28, INFILL HOUSING TOOLKIT AND NEW SUBSECTION BMC 20.12.030.E, GREEN FACTOR LANDSCAPING STANDARDS, TOGETHER WITH ASSOCIATED IMPLEMENTING CODE REVISIONS TO BMC 20.08.020.F(3), 18.04.040 AND 21.10.040.C.

Tim Stewart, Director of Planning & Community Development explained the proposed new chapter of the Bellingham Municipal Code that will establish special development regulations. He emphasized this is not, a means of itself, to achieve density but provides a focus for building communities and alternative forms to meet changing demographics.

Nicole Oliver, Communication Coordinator presented a PowerPoint presentation with regard to the Infill Housing Toolkit. She reviewed local trends and explained that the goal is better regulation for infill development and to increase achieved density versus planned density. She reviewed graphs comparing new residential units, average cost of building lots and the percent of housing owned versus housing rented. The Comprehensive Plan goals for residential development include preserving neighborhood character, housing affordability, increase of housing diversity, livability, environmental and fiscal sustainability and to reduce single-occupancy vehicle trips.

Ms. Oliver reviewed infill strategies and process to date with regard to achieving infill. She explained the processes involved with the legislative rezone process:

Type VI Rezone Process:

1. Submit Rezone Application
2. Initiation by Director, Planning Commission or Council
3. Neighborhood meeting
4. 60 day notice to CTED
5. SEPA review
6. Public Notice 30 days prior to Planning Commission hearing
7. Planning Commission hearing and recommendation
8. Public Notice 30 days prior to City Council hearing
9. Council Public Hearing and decision
10. Ordinance in effect 15 days after passage

And a Type VI Process with a Neighborhood Plan Amendment:

1. Submit letter of intent by December 1^st of previous year
2. Pre-application Neighborhood Meeting
3. Docketing by Director, Planning Commission or Council
4. Full application and fees submitted, then 60 day notice to CTED followed by the items 5 – 10 of the Type VI requirements shown above.

She explained that the three big issues for consideration are the applicability in single-family zones, enforcement and planning for the future by creating opportunities for infill within the city limits and testing the different forms to see how they will work.

Ms. Oliver went on to explain enforcement, parking standards, Floor Area Ratio (FAR), design and the various types of smaller homes and factors to be considered, which include: Detached Accessory Dwelling Units, Carriage Houses, Duplex/Triplex, Cottages; Green Factor; shared courtyard, garden courtyard, townhouses.

The infill toolkit offers the following advantages:

· Meets changing market demand of smaller households.
· More efficient use of existing land supply.
· Smaller units are more energy efficient and affordable.
· Allowing fee simple subdivision for attached housing types such as a courtyard and townhouse may simplify financing.
· Supports transit.
· Better landscaping and design rules.

The Planning Commission and staff recommend approval and that a work session be scheduled for July 13, 2009.

Council Member Bjornson asked why there is a difference in the process between an area wide rezone and that of a smaller area.

Mr. Stewart replied that it depends on whether the rezone requires a Comprehensive Plan amendment, which would also include whether or not it would be an amendment to the neighborhood plan. There is sufficient policy basis in the current Comprehensive Plan to allow these housing types anywhere in the city and the question is whether the city would want to add those to an already defined neighborhood sub-area. If the city were going to change the sub-area or create a new sub-area, it would require an amendment to the Comprehensive Plan and the neighborhood plan.

Council Member Weiss noted that the word 'shall' is used in the design guidelines.

Mr. Stewart acknowledged that a guideline is something that can be met or is part of the design decision and concurred that the word 'shall' should be removed and replaced.

Council Member Weiss asked for an example of how a Green Factor might be used.

Ms. Oliver explained that staff ran Green Factor testing on some existing developments and said that it is a checklist of about twenty different ways that a required score can be met, which could include a green roof, green walls, structure soils, tree coverage and others. Each factor has a multiplier to determine the score.

Mr. Stewart added that this can be thought of as a menu of choices that a developer can make but the total bill on the menu must be at least a certain amount. For example, if the developer wants to invest in green roofs, that would be an option or perhaps a green roof plus additional heavy vegetation, plus green walls and any other factors. It allows the designer, the architect and developer flexibility in terms of meeting the needs of the environment and their particular design. Staff expects that there will modifications after this is tested.

Council Member Weiss asked how a Green Factor score would qualify for either additional density or other reward.

Ms. Oliver briefly explained the scoring process and suggested that she could bring mock ups to the next worksession and show the test results of four current multi-family residential projects.

Council Member Snapp asked if the Planning Commission addressed height limits.

Ms. Oliver noted that it had been addressed in the staff report [agenda packet, p. 22]. She said the Planning Commission grappled with it and decided to keep the 25' height limit across the board for all forms of housing. She explained that the 25' limit would be difficult with some housing types and hopes that it will be given consideration as discussions continue.

Council President Buchanan opened the public hearing.

Dick Conoboy, 165 S. 46th Street asked that the infill toolkit be put on hold until enforcement codes are in place ensuring that the housing created will not become slums. He said there should be action on all six of the [enforcement]measures proposed by Council Member Weiss last August, which were: decriminalization of parts of the Bellingham city code, definition of family, upgrading nuisance ordinances, beginning a dialogue with the new Western administration, enhancing enforcement of code violations and landlord licensing.

Bob Holmes, 2709 North Park Drive addressed the “Applicability” section of infill housing and said the last section opens the door to making an application to move the toolkit into single family residential areas. He implored the council to keep the current single family designated zones as they are and specifically asked to exempt the single family housing areas from the toolkit.

Michael Lilliquist, 1111 13th Street spoke in support of the housing types in the infill toolkit and asked that the application process be revised in order to provide for better notification and consideration. He noted that there is a precedent for enhanced public process in Section 20.27.040 (Affordable Housing) and suggested an enhanced public process to address concerns with regard to these housing types in a single family neighborhood. He feels that some of the housing types are multi-family types and some are single-family and suggested that multi-family areas might do better with high quality, genuine, multi-family building.

Barbara Brandt, 235 South Forest Street shared slides of infill that has taken place since 1977, in San Diego and expressed her concerns of what tends to happen to the character of single family residential neighborhoods when multi-family zoning and increased density are allowed. She said that some neighborhoods have been reclaimed and hopes that would not have to happen here. She shared information from Seattle and Tacoma with regard to the negative aspects of infill and increased density in single family neighborhoods. She said that those who live in single family neighborhoods do so for individual reasons and also for the broader reason of being drawn to the neighborhood character. She feels owners of single family homes have entered into a social contract with the city, which should not be broken.

Ray Ballweg, 812 16th Street inquired about the types of housing allowed in single family zones and feels that the process is confusing.

Mr. Stewart said that the current proposal does not allow any of the housing types in the toolkit in any single family zone in the city.

Mr. Ballweg continued, and said, he feels this would allow a torrent of activity on the Planning Department and council if multiple housing styles are allowed in the neighborhoods and felt it would impact the council by having to rule on the Type VI process. He expressed his support of infill but would like to see the neighborhoods much more involved in determining where housing types could go in single family areas.

Peter Roberts, 1906 Madison Street supports infill and said he knows it is very important to the individuals who live in his neighborhood to maintain single family quality of life. He suggested that in Section 20.28.020. 'Applicability', the sentence, “Each housing type or types in this chapter shall be permitted in any Residential Single zone only as a legislative rezone, with all the notice requirements, hearings and safeguards afforded by a Type VI legislative process.”, be removed along with any mention of single family dwellings.

Gary Reid , 5651 Mission Road said that housing types included in the infill toolkit are critical for providing affordable housing. However, he expressed great apprehension and gave several examples of issues where he feels the requirements are not compatible and not functional. He added that putting these housing types in multi-family zones would actually create lower densities in the multiple zones. Mr. Reid said that much of this is aimed at the idea of making housing more affordable and reducing costs, however, this is so complicated that there will be increased costs and the restrictions will affect the function of the final product. He said that if cost, livability and compatibility are the goals, then he does not feel the ordinances do that in their present form. He feels it is important that the city have these various housing types and it is critical for infill and density but it will be it so costly, difficult and time consuming that no one will do it.

Vince Biciunas, 911 Wilson commended staff with the first steps in this process. The Green Factor and design guidelines are commendable and she feels that the housing types are nice. But there are problems with where they are put and enforcement. She asked that the single family neighborhoods, where most people live and what they value, be saved. She advocated going to the worksession, working hard and fixing the problems.

Anne Mackie, 1351 Humboldt Street reflected on the following:

· She feels it is misleading for residents of the Samish Way Urban Village to be told that they would remain in a residential zone when it is being changed, as part of the proposal for the urban village redesign, to be residential transition zoning.
· Ms. Mackie stated that the discussion about the infill housing toolkit in Bellingham really seems to be about reconfiguring the housing stock that we already have, not about infilling empty lots. And, she added, it seems to be about bulldozing single family homes and re-defining the sub-zones within neighborhoods. She contends that the area already has cottage style housing on very small lots, ADU's, converted garages - it's already been through the infill toolkit of another decade.
· She concurred that enforcement is an issue and the rentals for the temporary residents (students) of Western Washington University have taken affordable houses off the market and feels they are a huge part of the population that are not filing enforcement complaints.
· Ms. Mackie favors infill but said there are no empty lots in Area 5 around Franklin Park. She feels the toolkit needs a lot of work and historic neighborhoods should not be bulldozed.

Robin DuPré, 2203 22nd Street emphasized the need for infill. She said infill and climate change are related, in that if the city sprawls out, we will be adding vehicle trip miles. Infill is also important in order to protect farmland. She feels the toolkit will alleviate some of the pressures of the big apartment blocks and would like to see well designed infill in the single family zones. She concluded that the toolkit does need a lot of work but, she said, "it's the best thing we've got going".

Dan Remsen said he has been trying to build a small house in the city for quite awhile and if the infill toolkit had been in place sooner the project he is pursuing might have been done in a way that he would have paid less, saved more trees and built a smaller structure, which he would have preferred.

Derek Long, 1510 J Street, Program Director, Sustainable Connections, spoke in support of the infill toolkit. He cited surveys that have made it clear how important it is to use land wisely and recommended approval.

Edie Norton, 2708 Lynn Street spoke in support of the infill toolkit. She discussed the process and feels there is a lot of opportunity for people to express their views and concerns and feels the process is established so that neighborhoods can have a lot of control over what happen in their neighborhood.

Patrick McKee, 2801 Grant Street made the following comments:

· BMC 20.28, the proposed infill housing code, was defined for and intended to be used, in single family areas.
· The Planning Department figured the City Council would not pass an unpopular new code so they had to hide the fact that BMC 20.28 was intended for single family areas throughout the city. He said, this deception was accomplished in the Applicability paragraph of the new code, where the paragraph starts off saying 'you can't use this new code in single family areas' and then concludes by saying 'yes you can use the new code in single family areas after you go through the Type VI process'.
· Planning Department staff has been confronted at neighborhood meetings by residents who asked staff to remove the sentence in the code that allows the toolkit to be used in single family areas.
· On April 16^th the Planning Department staff report on the toolkit clearly stated that all toolkit housing forms are appropriate in single family zones.

Mr. McKee said that if the new code is approved as written, it will be saying that all of the toolkit housing forms are appropriate in single family areas and he does not feel the Type VI process will be a barrier to protecting single family areas. He urged the council to adopt the approach recommended by the Mayor's Neighborhood Advisory Commission on April 15^th recommending that the “Purpose” paragraph of the new code be changed to clearly state that the new code should not be used in single family areas and the “Applicability” paragraph of the code be changed to eliminate the Type VI process. Sweeping changes to long standing regulations should first be tested in pilot areas before being applied citywide. Allowing the new infill code in low-rise, multi-family areas, urban villages and Urban Growth Areas would be a more prudent introduction. He hopes the council will consider this more measured approach toward implementing the proposed code.

Mickey McDiarmid, 2629 Humboldt Avenue supports the smaller house designs to create more affordable housing and said all have a place in the future in multi-family zoned areas. He does not support increasing townhouses to go above the 25' height limit and feels the design guidelines are not stringent enough. He asked how the infill toolkit supports the Comprehensive Plan intent of preserving the unique character of the neighborhood by adding a new provision for development. He urged the council to exempt the single family neighborhoods from this toolkit.

Scott Miles, 1000 North Garden Street shared his experience of being the only renter who attended Planning Academy II and worked on the infill toolkit. He stated that renters are the majority in Bellingham and the council needs to consider the voices of the young, the renters and those in need of affordable housing. He fully supports the infill tool kit.

Nick Hartrich, 1118 Franklin Street, Green Building/Smart Growth Program Manager for Sustainable Connections. He shared that 3,000 people have attended workshops on green building and smart growth over the last six years of their program and have been able to show those people examples of how infill works around the country. He said that 1.7 million people are expected to move to the Puget Sound region in the next 20 years and some of those people will filter up here. If they're not going to go on farms and forest lands, then they will need to go in our urban areas. This is an opportunity to provide housing where we will need it the most.

Freeman Anthony, 2320 Grant Street said the case for infill has been made by both sides but feels this is a good code supporting the middle ground and it needs to apply across the board to address infrastructure issues and to take transit and water conservation to the next level.

Judith Green, 2824 Ellis feels that the toolkit was not based on citizens' desire for infill but on the agenda of people who have development interests. She said, allowing the toolkit in single family neighborhoods is the wrong thing to do.

Alex Ramel, 2308 Woburn Street said that the infill toolkit and the recently passed climate legislation have interesting similarities. Both bills take important steps towards solving global warming and although neither piece of legislation is exactly what he would have advocated for; in both cases he supports the package because they represent important progress. The toolkit is a carefully crafted compromise that balances the needs of existing neighbors with the important policy goal of providing opportunities for infill. He urged council to adopt the infill toolkit.

Seth Vidaza, 3103 Coolidge Drive spoke in support of the infill toolkit to assist in getting people out of their cars, making sure that folks are close to the food by saving farmland and reducing the size of dwelling units.

Todd Donovan, 2407 Cherry Street spoke in support of the infill toolkit. Although he has concern about applying it to single family neighborhoods he feels the Type VI process is rigorous enough to protect them. He said the toolkit may even be more applicable in single family neighborhoods, in part because there are not big areas of land for large developers to build on and building would be done more on a piece by piece basis. He urged the council to leave the language that applies to single family neighborhoods only after the Type VI legislative process.

Flip Breskin, 2518 Cherry Street expressed concern that in her neighborhood, people have lost privacy, sunlight, trees and greenspace, which has been replaced by buildings. She would like to see some more protections built in for existing neighborhoods and more public input incorporated. She does support infill but feels it needs to be done very thoughtfully. She proposed adopting a few small areas to apply the toolkit with review in 3, 5 and 10 years and gradually implement rather than doing it in single family neighborhoods all over the city. She would also like to see maximum building out in the urban fringes instead of minimum build out.

Mary Passmore, 910 Donovan spoke in support of the infill toolkit. She said these are very old housing models and is not revolutionary planning. She noted that the Kulshan Land Trust project in Fairhaven is a model for what it can be like and shared her experience on her street where townhomes have gone up across the street with no negative affect on the neighborhood.

Lindsay MacDonald, 2212 Dean Avenue feels the impediment to ownership and young families moving into Bellingham is not the lack of available small housing but rather the lack of living wage jobs. New housing requires new materials, transport of materials and appliances. She wondered why the city is not doing more downtown and focusing on incentives and financial packages that make it more possible for young families to purchase the smaller housing that is already in the historic neighborhoods. The question of home affordability and encouraging young families to become home owners in our community has to be looked at more broadly than just building new little houses.

Tom Sisk, 1246 Saint Paul Street supports thoughtful infill that protects solar access, sustainability in design and construction and feels the toolkit has great merit. He described a home that he designed thirty years ago that was truly sustainable but feels the toolkit does not allow for that option.

John McGarrity, 2729 North Park Drive encouraged more input from neighborhoods and doing more density by adding row houses. By doing so the city could actually downzone the neighborhood from multi-family to single family because the houses would be individually owned.

Paul Schissler, 714 Wilson Avenue, Executive Director, Kulshan Community Land Trust asked the council to consider the following;

1. He supports the toolkit; it will offer better alternatives for multi-family zoned areas that are not currently available and many of those forms will be compatible with the adjacent single family zoned neighborhoods allowing those neighborhoods more influence over design and quality of the homes.
2. We need more good examples of other forms of housing; if we had more examples that people could walk by and see and touch and talk to people who live there, there would be less fear about these forms.
3. Matthei Place (Harris & McKenzie) is a good example of something that wouldn't normally be welcomed into a single family neighborhood but with active participation of nearby neighbors and other interested people, there was support for adding more homes than would have originally been allowed. This is a traditional grid neighborhood with many single family homes - many of them historic. The neighborhood is a blend of small and large homes, renters and owners, multi-family buildings and single family buildings and that is what most of the historic neighborhoods are.
4. The infill toolkit doesn't necessarily mean affordable homes. He encouraged review of the CHAT recommendations to see if some of those could be implemented, which might help us to create more affordability and would allow mission driven developers to create homes that people can afford.
5. He encouraged moving ahead with licensing rental properties. The fee could be used for more enforcement and health and safety inspections. Renters could be assured of a safe place to live and no fear of calling for an inspection, if needed. There need to be incentives for rental owners to maintain their properties and to encourage their tenants to be good citizens.
6. Within the urban boundaries, we need to learn to be urban and protect family farms and prevent sprawl. We want walkable neighborhoods where people can support local shops. People choose to be urban, as they are doing in the core of Fairhaven. There is room for a mix of housing but we need more urban forms. If we can increase the economic activity and tax base on every urban acre the community is then in a better position to pay for service. Sprawling development does not pay for itself but a higher density urban development generates economic activity and real estate property taxes.

Catherine Chambers, 2680 Donovan Avenue lives in co-housing, and urged the council to take the time that's necessary to get buy-in from the community, which she feels will be necessary for the program to be successful.

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

The public record will remain upon until July 13, 2009.

Council Member Bjornson asked if there are neighborhoods that have private covenants that would prevent extra housing being built on lots.

Mr. Stewart explained that private covenants are between private property owners. He did not identify any neighborhoods that have covenants.

BREAK
Council President Buchanan called the meeting back to order at 10:34 p.m.

Council Member Bornemann reflected on concerns expressed by citizens. There are a lot of different types of neighborhoods – some that are built out with no vacant lots and others where there is room to add. The city must recognize, as we go forward with this process, that we must craft something that will work for the community.

Council Member Ryan asked if there is a way to develop lower cost housing and to ensure owner occupancy.

Mr. Stewart replied that he is not aware of a legal way to require a person to live in a principal residence. ADU and detached Carriage Houses do have a requirement, as part of the permitting process, that the owner must reside in one of the units.

With regard to the affordability issues, he encouraged study of the CHAT report, which he said has a great deal of information with regard to that issue.

Mayor Pike felt that the smaller types of houses that are being considered would not be lucrative for renting to students as they are simply too small.

Council Member Weiss asked if there is a way to craft a demolition ordinance that could possible provide a checklist, which would help determine if a house could be saved.

Mr. Stewart said that staff is currently using the Preserve America Grant in three neighborhoods, which inventories neighborhood homes and identifies the historic quality of individual properties. This will move a good way towards the establishment of protection of the district. Denying a demolition permit becomes much more challenging when there is protection and it would require a review before a demolition permit could be issued.

Council Member Weiss asked if the Preserve American Grant would only apply in the three neighborhoods.

Mr. Steward affirmed.

Worksession and consideration of ordinance scheduled for July 13, 2009.

AB18483 2. AN ORDINANCE REGARDING SEWER, WATER, AND INFRASTRUCTURE INSTALLATION OPTIONS FOR INFILL TOOLKIT HOUSING SUBDIVISIONS, BMC SECTIONS 15.08, 15.12, 18.12, AND 18.28.

Marilyn Vogel, Senior Planner explained that this proposal is associated with the infill toolkit and includes modifications to sewer, water and subdivision regulations that would help facilitate the design of subdivisions for projects using the infill toolkit.

Council President Buchanan opened the public hearing.

There were no comments from the public and the public hearing was closed.

BARBARA RYAN / BORNEMANN moved to postpone the ordinance to the July 13, 2009 meeting to be considered in conjunction with AB 18482. MOTION CARRIED 7-0.

REPORTS OF COMMITTEES

COUNCIL STANDING COMMITTEE MEETINGS:

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

AB18484 1. PRESENTATION OF WHATCOM LEGACY PROJECT REPORT BY ADAM DAVIS

Information only.

AB18485 Resolution #2009-19
2. A RESOLUTION FOR AMENDMENT OF THE 2009 ACTION PLAN (2008-2012 CONSOLIDATED PLAN)

“A RESOLUTION RELATING TO THE MODIFICATION OF THE 2009 ACTION PLAN OF THE 2008-2012 CONSOLIDATED PLAN, THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS AND DIRECTING THE MAYOR TO SUBMIT THE MODIFICATION OF 2009 ACTION PLAN TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.”

BORNEMANN / BJORNSON moved final approval of Resolution #2009-19. MOTION CARRIED 7-0.

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

AB18486 CB 13534
1. AN ORDINANCE ADJUSTING CITY BUDGET FOR ACTUAL 2009 CDBG/HOME RESOURCES

“AN ORDINANCE RELATING TO THE 2009 BUDGET INCREASING ESTIMATED REVENUES OF $73,503.00 AND EXPENDITURES OF $78,691.00 IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, THE BALANCE OF $5,188.00 WILL BE TAKEN FROM ESTIMATED ENDING UNDESIGNATED RESERVES, AND INCREASING ESTIMATED REVENUES AND EXPENDITURES IN THE HOME INVESTMENT PARTNERSHIP GRANT FUND BY $150,797.00”

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

AB18487 CB 13535
2. AN ORDINANCE RELATING TO THE BUDGET AND APPROPRIATING STATE MONEY FOR THE NORTHWEST DRIVE PEDESTRIAN IMPROVEMENTS PROJECT, ES-315

“AN ORDINANCE RELATING TO THE 2009 BUDGET RECOGNIZING AN INTERAGENCY AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, APPROPRIATING $767,000.00 OF EXPENDITURES IN THE STREET FUND TO PAY FOR IMPROVEMENTS TO NORTHWEST AVENUE.”

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

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

AB18488 1. BID AWARD: IMPROVEMENTS TO FRANKLIN PARK, BID # 30B-2009

BARBARA RYAN / KNUTSON moved to award Bid No. 30B-2009 for Franklin Park 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 $415,183.16, which includes WSST. MOTION CARRIED 7-0.

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

AB18489 1. BID AWARD: 2009 ENHANCED PEDESTRIAN CROSSINGS, ES-419, BID # 51B-2009

WEISS / BJORNSON moved to award Bid No. 51B-2009 for 2009 Enhanced Pedestrian Crossings to Colacurcio Brothers Construction of Blaine, 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 $280,667.00, MOTION CARRIED 7-0.

AB18490 3. INTRODUCTION OF FINAL COMPREHENSIVE WATER SYSTEM PLAN

Information only.

WATERFRONT DEVELOPMENT COMMITTEE
MEMBERS: JACK WEISS, CHAIR; BARBARA RYAN; TERRY BORNEMANN

AB18491 1. CONSIDERATION OF SIXTH SUPPLEMENTAL AGREEMENT TO THE WATERFRONT INTERLOCAL AGREEMENT (ILA) WITH THE PORT OF BELLINGHAM

WEISS / BARBARA RYAN moved that council reaffirms its deep and unwavering interest in planning and implementing a waterfront redevelopment project with the Port of Bellingham. Council wishes to communicate with the Port and the public that any actions or statements by a minority or majority of the council that are different than what staff presents to the council are in no way reflective of a desire to stop or inhibit the redevelopment, but instead, are actions or statements that are meant to, in the opinion of the speaker(s), to better the redevelopment project for the community by crosschecking the adherence to the principles of the Waterfront Futures work, sustainability practices, impacts to city taxpayers, and Triple Bottom Line methodology. MOTION CARRIED 7-0.

WEISS / BARBARA RYAN moved to delay the adoption of the sixth supplemental of the waterfront interlocal agreement with the Port until such time as the results of the adaptive reuse for historic buildings study is completed and reported out. MOTION FAILED 3-4, KNUTSON, BORNEMANN, BUCHANAN, BJORNSON OPPOSED.

KNUTSON / BORNEMANN moved to authorize the Mayor to execute the sixth supplemental agreement to the Interlocal Agreement with the Port of Bellingham regarding the Waterfront District. MOTION CARRIED 4-3, BARBARA RYAN, SNAPP, WEISS OPPOSED.

WEISS / BARBARA RYAN withdrew their motion, made during committee, regarding additional waterfront EIS work to include a re-evaluation of transportation alternatives.

WEISS / BARBARA RYAN moved to direct staff to work with the Port to provide robust transportation alternatives in the Master Plan and other pending documents, as appropriate, including the EIS, development agreement, development regulations, and the planned action ordinance. Policy direction includes transportation alternatives that meet or exceed those results that would be expected with perimeter-only parking structures, significant reductions of on and off-street parking throughout the core of the site, frequent and low/no cost transit shuttle service, flex car options and delivery service options for waterfront residents and employees, and other appropriate transportation demand management strategies. Staff will report to the Council at approximate six-week intervals on progress and challenges concerning this direction.
SNAPP / KNUTSON offered a friendly amendment to replace “approximate six-week” with “frequent”.
SNAPP / KNUTSON withdrew the friendly amendment.
MOTION CARRIED 6-1, BJORNSON OPPOSED

COMMITTEE OF THE WHOLE
MEMBERS: BARRY BUCHANAN, CHAIR

AB18463 Resolution #2009-20
1. “A RESOLUTION DENYING GOVERNORS POINT DEVELOPMENT COMPANY'S REQUEST FOR A WATER RESALE CONTRACT TO SERVE THE PROPOSED 141-LOT GOVERNOR'S POINTE SUBDIVISION”

KNUTSON / BORNEMANN moved final approval of Resolution #2009-20. MOTION CARRIED 7-0.

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

None submitted at evening meeting.

3. OLD/NEW BUSINESS

Council President Buchanan reported that Council has directed the Council Intern to the following research projects: Retail Big Boxes – Strategies for Mitigating Social and Environmental Effects; Cooperative Parking Structure Strategies; Neighborhood Schools and City Infill Strategies; and Construction Standards/Incentives for Noise Abatement in Mixed-Use Buildings/Areas.

Joan Hoisington, City Attorney announced that five finalists would be interviewing for the Director position of the Bellingham Public Development Authority on July 9 & 10.

Council Member Bornemann reported that he and Council Member Bjornson had attended the Association of Washington Cities conference. The City of Bellingham was awarded a Municipal Excellence Award for “Going Green”.

EXECUTIVE SESSION – Report only.

1. LABOR NEGOTIATIONS: Staff provided information on the collective bargaining agreement with IAFF Local 106S and Local 106.

SNAPP / BORNEMANN moved to ratify the contract for 2010 with the following terms:

Term of Agreement: One year (2010)
Wages: 0% increase for 2010
Benefits: No change to health plan

Deferred Compensation/Longevity: Option to convert the employer's deferred compensation match to longevity pay in the last 5 years of employment.

Operational Changes: Agreement to operational changes that are expected to result in a combined savings of approximately $650,000.

MOTION CARRIED 7-0.

2. LITIGATION: Brisbane v. City of Bellingham: Staff provided an update on a pending litigation matter. Council provided direction. No action taken.

MAYOR'S REPORT

AB18492 1. MAYOR'S APPOINTMENT OF RYAN FREDRICKSON AND SUSAN GRIBBIN TO THE COMMUNITY DEVELOPMENT ADVISORY BOARD
Information only.

AB18493 2. MAYOR'S REAPPOINTMENT OF MARILYN MASTOR TO THE HISTORIC PRESERVATION COMMISSION

BARBARA RYAN / BJORNSON moved to authorize the Mayor to reappoint Marilyn Mastor to the Historic Preservation Commission, term ending June 30, 2012. MOTION CARRIED 7-0.

AB18494 3. MAYOR'S REAPPOINTMENT OF GEORGE VOLKER TO THE HISTORIC PRESERVATION COMMISSION

BJORNSON / SNAPP moved to authorize the Mayor to reappoint George Volker to the Historic Preservation Commission, term ending June 30, 2012. MOTION CARRIED 7-0.

AB18495 4. MAYOR'S REAPPOINTMENT OF TIM HOSTETLER AS SEHOME REPRESENTATIVE TO THE MAYOR'S NEIGHBORHOOD ADVISORY COMMISSION

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.

AB18496 1. INSTALLING A FOURTH VIDEO CAMERA IN CITY COUNCIL CHAMBERS

AB18497 Resolution #2009-21
1. CONSIDERATION OF FINAL PLAT APPROVAL FOR DIVISION 1 OF THE HIGHLANDS, PHASE 2 CONSISTING OF 17 RESIDENTIAL LOTS: AREA 8, WHATCOM FALLS NEIGHBORHOOD. YEW STREET TERRACE, LLC, OWNER/APPLICANT

“A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR DIVISION 1 OF THE HIGHLANDS PRELIMINARY PLAT, PHASE 2, CONSISTING OF 17 SINGLE FAMILY LOTS, LOCATED IN AREA 8, WHATCOM FALLS NEIGHBORHOOD, GENERALLY LOCATED OFF LOPEZ STREET, WEST OF YEW STREET.”

AB18498 3. BID AWARD: WATER TREATMENT GALLERY ROOF REPLACEMENT PROJECT, BID # 64B-2009

AB18499 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE AND PAYROLL FROM MAY 16, 2009 TO MAY 31, 2009

AB18500 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JUNE 05, 2009 TO JUNE 12, 2009

AB18501 6. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JUNE 12, 2009 TO JUNE 19, 2009

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

FINAL CONSIDERATION OF ORDINANCES

AB18464 1. CB 13529
AN ORDINANCE RELATED TO LAND USE PLANNING AND ZONING, AMENDING THE TITLE 20 ZONING TABLES FOR THE GUIDE MERIDIAN /CORDATA, KING MOUNTAIN, MERIDIAN AND MT. BAKER NEIGHBORHOODS TO ESTABLISH DEVELOPMENT REGULATIONS THAT ALLOW PAYMENT OF A FEE TO THE LAKE WHATCOM WATERSHED PROPERTY ACQUISITION PROGRAM IN EXCHANGE FOR DENSITY BONUSES IN SPECIFIC TRANSFER OF DEVELOPMENT RIGHTS RECEIVING ZONES.

BORNEMANN / WEISS 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 #2009-06-037

AB18470 2. CB 13530
AN ORDINANCE RELATING TO THE 2009 BUDGET RECOGNIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND THE WASHINGTON DEPARTMENT OF ECOLOGY, APPROPRIATING $50,000.00 OF EXPENDITURES IN THE STREET FUND TO PAY FOR A FEASIBILITY STUDY AND DESIGN NEAR SHORE RESTORATION ACTIONS FOR LITTLE SQUALICUM CREEK SHORELINE.

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-06-038

AB18471 3. CB 13531
AN ORDINANCE RELATING TO THE 2009 BUDGET APPROPRIATING AN ADDITIONAL $225,000.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE WATER FUND TO BE USED FOR A SETTLEMENT PAYMENT TO THE MOUNT BAKER SCHOOL DISTRICT.

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-06-039

AB18472 4. CB 13532
AN ORDINANCE RELATING TO LAND USE CONTROLS WITHIN THE LAKE WHATCOM WATERSHED AND ADOPTING LIMITS ON PERMITTED USES, IMPERVIOUS AND PARTIALLY PERVIOUS AREAS, LAND DISTURBING ACTIVITIES, AND RELATED WATER QUALITY PROTECTION MEASURES.

BARBARA RYAN / 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 #2009-06-040

AB18473 5. CB 13533
AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 15.42 STORMWATER MANAGEMENT RELATING TO IMPLEMENTING BEST PRACTICE STORMWATER MANAGEMENT AND MANAGING STORMWATER BASIN ONE OF LAKE WHATCOM.

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-06-041

ADJOURNMENT

There being no further business, the meeting adjourned at 11:42 p.m. Barry Buchanan, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 07/13/2009

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.