Council Minutes for August 24, 2009 City of Bellingham, WA

RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON

COUNCIL CHAMBERS, CITY HALL
Monday, August 24, 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
Terry Bornemann, Council Member, Fifth Ward
Barbara Ryan, Council Member, Sixth Ward
Louise Bjornson, Council Member, At Large

Excused:

Stan Snapp
Council Member
Fourth Ward

ANNOUNCEMENT(S)

· On September 14 @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding Amendments to the Birchwood Neighborhood Plan to clarify outdated text.

· On September 21 @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding amendments to the Bellingham Municipal Code for exceptions to retail store size limits, or “the big box ordinance.”

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

APPROVAL OF MINUTES

BARBARA RYAN / KNUTSON moved approval of the August 10, 2009 minutes of the regular Council Meeting as amended. MOTION CARRIED 6-0.

15 - MINUTE PUBLIC COMMENT PERIOD

Gene Montague commended Council Member Bjornson and other council members for their devotion and service to the community.

Yoshé Revelle would like to have a discussion on war and abortion and ways to prevent them.

Leonard Lindstrom discussed social issues and communication.

Danielle Wallace is new to the city and is concerned about the lack of enforcement in the rental market.

Johnny Grames, of the city, shared his voter's ballot that had only county-election options.

PUBLIC HEARING(S)

AB18563 1. CONSIDERATION OF A DRAFT ORDINANCE REGARDING STAFF-INITIATED AMENDMENTS TO THE BELLINGHAM COMPREHENSIVE PLAN URBAN VILLAGE POLICIES AND MAP

Greg Aucutt, Senior Planner reviewed the history and process to date. He said a key component of the Comprehensive Plan deals with Urban Villages. The proposed amendments are intended to clarify existing policies, provide flexibility to enable staff to respond to changing circumstances and to update the text and the urban village map.

Council Member Weiss asked if the timing, addressed during the master planning process, will determine timing of the development of urban villages.

Mr. Aucutt clarified that the timing is aimed at the development of the master plans only. The plans could include, if appropriate, timelines for development but this policy is strictly aimed at the development of the master plan.

Council President Buchanan opened the public hearing. With no comment forthcoming, the public comment period was closed.

Council Member Weiss then asked if there is any interest by staff to require that new urban villages require LEEDS ND (Leadership in Energy Efficiency and Design for Neighborhood Development), or similar standards.

Mr. Aucutt said that the policy statement supports that action.

Council Member Weiss expressed his interest in ensuring that there is properly scaled development that is energy efficient and environmentally responsible.

Council Member Bjornson asked how LEEDS building would apply to how tall a building is.

Council Member Weiss said that is a separate matter from the standards that are set up in the LEEDS ND criteria.

Council Member Ryan indicated that LEEDS is just one framework. There are others such as the triple bottom line analysis. She wondered if the city has a clear sense of all of the possible kinds of programs there are for assuring sustainability and good design.

Mr. Aucutt said that the language in the policy statement is general enough that it could allow other systems to be implemented as a tool to measure the long term sustainability of proposed master plans.

Council Member Weiss noted that there is no definition of sprawl in the Comprehensive Plan.

Mr. Aucutt agreed and indicated that the Growth Management Act refers to sprawl as being: inappropriate conversion of rural or agricultural areas to low density residential development.

Mr. Aucutt explained that the proposed ordinance would be a Comprehensive Plan amendment and would be brought back to Council at the end of the year with the package of all the Comprehensive Plan amendments that have been reviewed during the year.

KNUTSON / BORNEMANN moved to direct staff to prepare an ordinance.

Council Member Bjornson asked if row houses are in the city's code and feels that they would, by sharing a wall, be more energy efficient.

Tim Stewart, Director of Planning and Community Development emphasized that row houses are very similar to townhouses in how they are arranged and configured. The Infill Toolkit allows townhouses in all of the city's multi-family zones and in the newly annexed areas.

Council Member Ryan asked if there is any planning for an urban village development downtown. She cited the 100 acres on the waterfront and the resources it is going to take to develop that kind of land.

Mr. Stewart noted that the city center has very few land use constraints: parking and requirements are minimal and heights are unlimited. He emphasized the Waldron Project downtown, which he feels is a very exciting project providing higher density, affordability and it is located close to transit. Small steps are being taken, he said, but it does take time.

Council Member Ryan asked if there is any need for additional policy language for downtown development.

Mr. Stewart feels that policy language is in the current Comprehensive Plan to support city center renovation. He added that continued support of the incentives is needed.

Council Member Weiss asked if adding Urban Villages will require a change in the transportation element of the Comprehensive Plan.
Mr. Stewart replied that the current Comprehensive Plan anticipated growth in the UGA's. As staff begins the review of the 2011 Comprehensive Plan update it will be appropriate to look at the transportation network and the demands of the network as part of the SEPA process. He added that if the County Council adopts the County's Executive's recommendations, the city is going to be in the position of having to find places for 4,400 new residents. That will require some additional study and analysis of the trip generation rates and the capital facilities needed to support that additional growth.

MOTION CARRIED 6-0.

REPORTS OF COMMITTEES

COUNCIL STANDING COMMITTEE MEETINGS:

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

AB18553 CB 13551
1. AN ORDINANCE REVISING FORMAL WRITTEN CONTRACT LIMITS

“AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE SECTION 4.80.110 REGARDING THE EXECUTION OF CONTRACTS”

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

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

AB18549 1. AN ORDINANCE APPROVING THE ANNEXATION OF APPROXIMATELY 233 ACRES OF LAND KNOWN AS THE VAN WYCK / JAMES STREET ANNEXATION, WITH MINOR REVISIONS

See action under Final Consideration of Ordinances.

AB18564 2. DEVELOPMENT SERVICES FUND AND PERMIT CENTER BRIEFING

Information only.

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 Bornemann announced that Bellingham was named the #1 Sustainable Small City in the United States by Smart Cities.

Council Member Ryan and Council Member Bjornson expressed concern about recent recommendations made by the County regarding population growth forecasts, potential changes to the City's Urban Growth Area, and the affect of the changes on Lake Whatcom and other concerns. Tim Stewart, Director of Planning and Community Development explained that this will be discussed at a worksession on September 14, 2009.

EXECUTIVE SESSION – Report only.

1. LITIGATION: Matia v. City of Bellingham: City staff provided an update on this litigation matter.

BORNEMANN / KNUTSON moved to not appeal the arbiter's decision on the case. MOTION CARRIED 6-0.

2. LABOR NEGOTIATIONS: Information Only. No action taken.

MAYOR'S REPORT

AB18565 1. MAYOR'S APPOINTMENT OF ADRIENNE LEDERER AS GUIDE MERIDIAN / CORDATA REPRESENTATIVE TO THE MAYOR'S NEIGHBORHOOD ADVISORY COMMISSION

Information only.

AB18566 2. MAYOR'S REAPPOINTMENT OF JIM ZANDER AND JOHN BLETHEN TO THE GREENWAYS ADVISORY COMMITTEE

WEISS / BJORNSON moved to authorize the Mayor's reappointment of Jim Zander and John Blethen to the Greenways Advisory Committee, terms ending August 31, 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.

AB18567 1. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM JULY 16 TO JULY 31, 2009

AB18568 2. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JULY 24 TO JULY 31, 2009

AB18569 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JULY 31 TO AUGUST 7, 2009

AB18570 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM AUGUST 7 TO AUGUST 14, 2009

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

FINAL CONSIDERATION OF ORDINANCES

AB18549 1. CB 13547
AN ORDINANCE RELATING TO THE ANNEXATION OF APPROXIMATELY TWO HUNDRED AND THIRTY THREE ACRES OF UNINCORPORATED PROPERTY LOCATED ADJACENT TO THE NORTHERN BOUNDARY OF THE BELLINGHAM CITY LIMITS AND COMMONLY KNOWN AS THE VAN WYCK / JAMES STREET ANNEXATION; ASSIGNING CITY LAND USE AND ZONING DESIGNATIONS, AND ESTABLISHING AN EFFECTIVE DATE.

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
NAYS: WEISS
ABSTENTIONS:
EXCUSED: SNAPP

MOTION CARRIED 5-1 and was thereafter named Ordinance #2009-08-054

AB18550 2. CB 18548
AN ORDINANCE RELATING TO THE ANNEXATION OF APPROXIMATELY THIRTY EIGHT ACRES OF UNINCORPORATED PROPERTY LOCATED ADJACENT TO THE NORTHERN BOUNDARY OF THE BELLINGHAM CITY LIMITS AND COMMONLY KNOWN AS THE QUEEN MOUNTAIN ANNEXATION; ASSIGNING CITY LAND USE AND ZONING DESIGNATIONS.

KNUTSON / 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
NAYS: WEISS
ABSTENTIONS:
EXCUSED: SNAPP

MOTION CARRIED 5-1 and was thereafter named Ordinance #2009-08-055

AB18551 3. CB 18549
AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON ESTABLISHING THE MAXIMUM LOCAL INFRASTRUCTURE FINANCE TOOL (LIFT) TAX RATE AS REQUIRED BY ENGROSSED SUBSTITUTE SENATE BILL 5901, SECTION 8(4).

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, WEISS
NAYS:
ABSTENTIONS:
EXCUSED: SNAPP

MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-08-056

AB18558 4. CB 18550
AN ORDINANCE RELATING TO THE 2009 BUDGET RECOGNIZING RECEIPT OF A U.S. DEPARTMENT OF JUSTICE BYRNE/JAG RECOVERY GRANT TO THE POLICE DEPARTMENT IN THE AMOUNT OF $126,131.00 AND APPROPRIATING FUNDS FOR RELATED EXPENDITURES IN THE AMOUNT OF 120,131.00 IN THE GENERAL FUND AND $6,000.00 IN THE CRIMINAL JUSTICE FUND.

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

MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-08-057

ADJOURNMENT

There being no further business, the meeting adjourned at 7:52 p.m. Barry Buchanan, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 09/14/2009

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.