RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON

COUNCIL CHAMBERS, CITY HALL
Monday, July 13, 2009, 07:00 PM
Book: 63, Page: 1

Called To Order The meeting was called to order by Council President Pro Tempore Snapp who led the Pledge of Allegiance.

Roll Call
Present:

Jack Weiss, Council Member, First Ward
Gene Knutson, Council Member, Second 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:

Barry Buchanan
Council Member
Third Ward

ANNOUNCEMENT(S)

· On July 14^th @ 6:30 p.m. in Council Chambers, there will be a Council worksession regarding proposed facility plans for the Wastewater Treatment Plant.

· On July 27^th @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding amendments to the Bellingham Municipal Code relating to the process for and docketing of Comprehensive Plan Amendments.

· On July 27^th @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding the Shoreline Master Program.

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


APPROVAL OF MINUTES

KNUTSON / BARBARA RYAN moved approval of the June 15, 2009 minutes of the regular Council Meetings as submitted. MOTION CARRIED 6-0.

KNUTSON / BARBARA RYAN moved approval of the June 29, 2009 minutes of the regular Council Meetings as corrected. MOTION CARRIED 6-0.



15 - MINUTE PUBLIC COMMENT PERIOD

Leonard Lindstrom discussed his time in Navy and communication with people.

Michael Gleeson, Deming, WA again requested that the city use E-verify, for I-9 immigration compliance and shared the story of Juan, an illegal immigrant who was able to get two separate identities.

Paul Schissler, Kulshan Community Land Trust discussed ways to create homes people can afford and ways to use the infill toolkit. His ideas include waiving utility systems charges and impact fees and he would like to help the city find a way to implement these and create demonstration projects.

Bob Holmes, 2709 North Park Drive would like to preserve single family residential areas and appealed to the council to follow the staff recommendation and not have infill in single family areas.

Johnny Grames read a letter from a staff member denying his request for broadcasting Democracy Now on BTV10.


PRESENTATION(S)

AB18502 1. PRESENTATION TO THE MAYOR AND COUNCIL OF AMERICAN MUSEUM OF RADIO AND ELECTRICITY'S BOOK: “WHERE DISCOVERY SPARKS IMAGINATION”

Lynn Sherwood, Executive Director, American Museum of Radio and Electricity, presented copies of Where Discovery Sparks Imagination by John Jenkins, to the Mayor and City Council.

Information only.


PUBLIC HEARING(S)

AB18503 CB 13536
1. An ordinance to annex approximately 20 acres of land known as the Cordata Park Annexation area into the city.

“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.”

Moshé Quinn, Planner, described the area of the park and explained that staff is recommending changing county zoning of recreational open space to public park zoning. In July, 2008 the city council approved Resolution 2008-22, which initiated the review process for the Cordata Park Annexation and in April, 2009 the city and county approved Amendment #17 to the city's Interlocal Agreement to include the Cordata Park Annexation area. The proposed annexation meets the intent of the Growth Management Act, the county-wide planning policies as well as the Bellingham Comprehensive Plan. Staff recommends approval of the Cordata Park Annexation and the introduction of the ordinance.

Council President Pro Tempore Snapp opened the public hearing.

Beverly Jacobs, 4567 El Dorado Way feels it is very important that this park get authorized for the 6,000 people who live in the area and have no parks; and she emphasized the need for access to the park property.

Julianna Guy, 4559 El Dorado Way shared her excitement for a park in the area and urged passage of the annexation. Unfortunately, the park area is land locked and needs access. The trail plan has been delayed because of permitting and bridge design so they will have to wait until 2010 before they can actually use this park. The extension of Horton Road has been put on the Six-Year TIP and she urged that consideration be given to a plan that would allow access, in some form, allowing trucks to get in to develop the park because the design and funding are ready.

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

BARBARA RYAN / BJORNSON moved approval for first and second reading. MOTION CARRIED 6-0.

AB18504 2. PUBLIC HEARING ON DRAFT LEGACIES AND STRATEGIC COMMITMENTS (PERFORMANCE MEASURES PROJECT)

Janice Keller, Communications Manager reviewed the process to date in establishing the draft Legacies and Strategic Commitments.

After staff and council worked through this process and council approved the draft on May 18, 2009, public feedback was then solicited from members of city board and commissions, the public, and city employees with expertise in key areas. Ms. Keller explained that the legacy statements are intended to follow the sentence “We are working today so that future generations will benefit from…”.

The draft Legacies and Strategic Commitments are:

• Clean Safe Drinking Water
• Protect & improve drinking water sources
• Limit development in Lake Whatcom watershed
• Use efficient, ecological treatment techniques
• Maintain reliable distribution system
• Promote water conservation

• Healthy Environment
• Protect & improve the health of lakes, streams & bay
• Protect & restore ecological functions & habitat
• Reduce contributions to climate change
• Conserve natural & consumable resources

• Vibrant Sustainable Economy
• Support a thriving local economy across all sectors
• Promote inter-dependence of environmental, economic & social interests
• Create conditions that encourage private investment
• Foster vibrant downtown & other commercial centers
• Preserve farmland & the agricultural economy

• Sense of Place
• Support sense of place in neighborhoods
• Encourage development within existing infrastructure
• Preserve historic & cultural resources
• Protect natural green settings & access to open space
• Support community connections

• Safe & Prepared Community
• Prevent and respond to emergencies
• Prevent and respond to crime
• Ensure safe infrastructure
• Increase community readiness and resilience

• Mobility & Connectivity Options
• Provide safe, well-connected mobility options for all users
• Maintain & improve streets, trails & other infrastructure
• Limit sprawl
• Increase infrastructure for bicycles, pedestrians & other means of transportation

• Access to Quality of Life Amenities
• Maintain & enhance publicly owned assets
• Foster arts, culture & lifelong learning
• Provide recreation & enrichment opportunities for all ages & abilities
• Ensure access to & availability of parks & trails

• Quality, Responsive City Services
• Deliver efficient, effective & accountable municipal services
• Use transparent processes & involve stakeholders in decisions
• Provide access to accurate information
• Recruit, retain & support quality employees

• Equity & Social Justice
• Provide access to problem-solving resources
• Support safe, affordable housing
• Increase living wage employment
• Support services for lower-income residents
• Cultivate respect & appreciation for diversity

[Editor's note: See motions below for amendments.]

Council President Pro-Tempore Snapp opened the public hearing.

Adrienne Lederer, 4244 Wintergreen Circle took issue with the strategic commitment, under Access to Quality of Life, which says "Ensure access to and availability of parks & trails". She said that there are not enough parks in the north end of town. The north end is a big area and much of it is not within one-half mile of a park or trail as described in the Comprehensive Plan. She asked if the city council could correct that problem and ensure that the citizens have parks available to all neighborhoods.

Julianna Guy, 4559 El Dorado agreed with Ms. Lederer that parks should be available to all neighborhoods. She said the more she works on the parks issues she realizes that small, neighborhood parks are very necessary and would like to see the wording [provide parks in all neighborhoods] reinstated so that could be one of the legacies and there are places for families that are close to their homes.

Paul Schissler, 714 Wilson Avenue commended this body of work and said the concept of a safe and prepared community falls under the concept of resilience. He feels this will set Bellingham as a place to become a magnet for smart people, smart ideas and the funding that will come along with that. He noted the hierarchy of needs in the Legacies – such as clean, safe drinking water and safe and affordable housing, which are basic human needs. He feels that as council works through the Legacies there will be a hierarchy that will come through and he hopes that will be reflected in some of the priorities council sets for discretionary funding.

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

BARBARA RYAN / BORNEMANN moved to approve the Legacies & Strategic Commitments.

WEISS / KNUTSON moved to amend Bullet #4 under Access to Quality of Life Amenities to “Ensure convenient access to & availability of parks & trails citywide.” MOTION CARRIED 6-0

WEISS moved to add “Ensure drinking water supply by limiting sprawl” back to Clean Drinking Water.
WEISS withdrew the motion

WEISS / BORNEMANN moved to amend Bullet #4 under Mobility & Connectivity Options to “Increase infrastructure for bicycles, pedestrians and other non-single occupancy vehicle modes of transportation.” MOTION CARRIED 6-0.

WEISS / BARBARA RYAN moved to add “Reduce dependence on single-occupancy vehicles” to Mobility & Connectivity Options. MOTION CARRIED 6-0.

BJORNSON / WEISS moved to amend Bullet #3 under Vibrant Sustainable Economy to “Create conditions that encourage public and private investment.” MOTION CARRIED 6-0.

BJORNSON moved to add 'community gardens' to Bullet #5 of Vibrant Sustainable Economy. There was no second.

BJORNSON / BARBARA RYAN moved to amend Bullet #5 under Sense of Place to “Support people-to-people connections.” MOTION CARRIED 6-0.

MAIN MOTION CARRIED 6-0.

BREAK
Council Member Snapp, Council President Pro Tempore called the meeting back to order at 8:27 p.m.


REPORTS OF COMMITTEES

COUNCIL STANDING COMMITTEE MEETINGS:

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

AB18505 CB 13537
1. An ordinance relating to the 2009 budget amending the employer contribution to the Unemployment Compensation Fund and increasing estimated ending reserves.

“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 postpone to July 27, 2009.
BARBARA RYAN / WEISS withdrew motion.

KNUTSON / WEISS moved approval for first and second reading. MOTION CARRIED 6-0.

AB18506 CB 13538
2. An ordinance relating to the 2009 budget reducing revenues and expenditures in the General Fund related to a HUD grant for the Innovation Zone.

“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.”

KNUTSON / BJORNSON moved approval for first and second reading. MOTION CARRIED 6-0.

AB18507 CB 13539
3. An ordinance relating to the 2009 budget authorizing appropriation of Street Funds to purchase School Zone Flashing Beacons.

“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.”

KNUTSON / BARBARA RYAN moved approval for first and second reading. MOTION CARRIED 6-0.


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

AB18508 1. BID AWARD: RENOVATION OF THE BELLINGHAM POLICE DEPARTMENT ANNEX, BID # 54B-2009

BJORNSON / KNUTSON moved to award Bid No. 054B-2009 for renovation of the Bellingham Police Department Annex to Myers General Commercial Corporation of Bellingham, 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 $307,300.00, which includes WSST. MOTION CARRIED 6-0.


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

AB18482 1. WORKSESSION TO CONSIDER A NEW BMC 20.28 INFILL HOUSING TOOLKIT, BMC 20.12.030.E GREEN FACTOR LANDSCAPING STANDARDS, AND ASSOCIATED IMPLEMENTING CODE REVISIONS TO BMC 20.08.020.F.3, 18.04.040 AND 20.10.040.C

WEISS / BARBARA RYAN moved to direct staff to prepare an ordinance to support the infill housing toolkit using the language in the original version and adding “except in those Areas with a “mixed” Qualifier that allows multi-family residential” after the first sentence in the original version; and increasing the height for townhouses from 25' to 35' in multi-family residential areas. MOTION FAILED 2-4, KNUTSON, BORNEMANN, SNAPP, BJORNSON OPPOSED.

BORNEMANN / KNUTSON moved to increase height for townhouses from 25' to 35' except in areas zoned residential single family. MOTION PASSED 5-1, BJORNSON OPPOSED.

BORNEMANN / KNUTSON moved to postpone further consideration until July 27, 2009. MOTION CARRIED 6-0.

AB18483 CB 13540
2. An ordinance regarding sewer, water and infrastructure installation options for Infill Housing Toolkit 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 PLAN APPROVAL, SECTION 18.28.100 WATER SYSTEM AND 18.28.110 SANITARY SEWER TO ACCOMMODATE INFILL HOUSING FORMS AND UPDATE OBSOLETE PROVISIONS.”

BORNEMANN / KNUTSON moved to postpone consideration until July 27, 2009. MOTION CARRIED 6-0.


COMMITTEE OF THE WHOLE
MEMBERS: BARRY BUCHANAN, CHAIR

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

None submitted at evening meeting.

2. OLD/NEW BUSINESS

Council Member Weiss would like to pursue opportunities for incentives for the private sector and waiving impact fees as discussed by Paul Schissler, Executive Director for Kulshan Community Land Trust with regard to a local housing economic stimulus plan. The Mayor will bring information back to council.


MAYOR'S REPORT

AB18509 1. MAYOR'S REAPPOINTMENT OF PATRICK MCKEE AS SUNNYLAND REPRESENTATIVE TO THE MAYOR'S NEIGHBORHOOD ADVISORY COMMISSION

Information only.

AB18510 2. MAYOR'S REAPPOINTMENT OF MARK PETERSON TO THE PARKS AND RECREATION 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.

AB18511 Resolution 2009-22
1. A resolution to set a Public Hearing Date for August 12, 2009 for the vacation of a portion of Cowgill Avenue at Block 147, Fairhaven Land Co.'s second add. to Fairhaven; Area 5, Happy Valley Neighborhood.

“A RESOLUTION FIXING THE TIME FOR A PUBLIC HEARING ON THE PROPOSED VACATION OF THE NORTHERN HALF OF COWGILL AVENUE ABUTTING BLOCK 147, PLAT OF FAIRHAVEN LAND COMPANY'S SECOND ADDITION TO FAIRHAVEN, GENERALLY BETWEEN 19^TH AND 20^TH STREETS, AS SHOWN ON EXHIBIT A.”

AB18512 2. BID AWARD: GLASS WINDOW REPLACEMENT IN THE BELLINGHAM P.D. ANNEX, BID # 45B-2009

AB18513 3. BID AWARD: BALSAM LANE PUMP STATION UNDERGROUND STORAGE TANK REPLACEMENT, BID # 60B-2009

AB18514 4. BID AWARD: UPGRADE TO NETWORK ATTACHED STORAGE DEVICE TO ADD CAPACITY, BID # 66B-2009

AB18515 CB 13541
5. An ordinance relating to the 2009 budget recognizing the receipt of Byrne/Jag Recovery Grant and increasing the General Fund estimated ending reserves.

“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.”

AB18516 6. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE AND PAYROLL FROM JUNE 1, 2009 TO JUNE 15, 2009

AB18517 7. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JUNE 19, 2009 TO JUNE 26, 2009

AB18518 8. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JUNE 26, 2009 TO JULY 2, 2009

KNUTSON / BARBARA RYAN moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0.


FINAL CONSIDERATION OF ORDINANCES

AB18486 1. CB 13534
AN ORDINANCE RELATING TO THE 2009 BUDGET INCREASING ESTIMATED REVENUES $73,503.00 AND EXPENDITURES $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.

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

MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-07-042

AB18487 2. CB 13535
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 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 #2009-07-043



ADJOURNMENT

There being no further business, the meeting adjourned at 9:42 p.m. Stan Snapp, Council President Pro Tempore

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 07/27/2009

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.