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RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, December 14, 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:
    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:
    Jack Weiss
    Council Member
    First Ward

APPROVAL OF MINUTES

None submitted.


15 - MINUTE PUBLIC COMMENT PERIOD

Car Lanham, Bellingham Police Office thanked the City Council and staff and said he looks forward to meeting with the council to unfreeze the three police positions.

Cathy Lanham, thanked Council Member Bjornson for her service to the community on the City Council.

Johnny Grames would like to save Chuckanut Ridge.

Leonard Lindstrom discussed social issues.

Seth Fleetwood, thanked Council Member Bjornson for her service to the community on the City Council.

Karen Powers, thanked Council Member Bjornson for her service to the community on the City Council.

Maggie Hanson, thanked Council Member Bjornson for her service to the community on the City Council.


PRESENTATION(S)

AB18701 Resolution #2009-43
1. RESOLUTION HONORING LOUISE BJORNSON FOR HER PUBLIC SERVICE.

KNUTSON / BORNEMANN moved final approval of Resolution #2009-43. MOTION CARRIED 6-0.


REPORTS OF COMMITTEES

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

AB18702 CB 13586
1. “AN ORDINANCE RELATING TO THE 2009 BUDGET AUTHORIZING USE OF $110,000 FROM CEMETERY FUND RESERVES AND DECREASING BUDGET REVENUES IN THE CEMETERY FUND TO REFLECT REVENUE SHORTFALLS IN 2009 AND COVER BUDGETED CEMETERY 2009 OPERATING EXPENDITURES.”

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


AB18703 2. APPROVE MASTER SITE PLAN FOR THE FAIRHAVEN PARK – CENTER FOR LOCAL SELF RELIANCE

BARBARA RYAN / BORNEMANN moved to approve the Master Site Plan for Fairhaven Park - Center for Local Self Reliance. MOTION CARRIED 6-0.


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

AB18704 1. COUNCIL BRIEFING ON THE “5/12” GREEN BUILDING INITIATIVE AND INTRODUCTION TO THE 2010 INITIATIVE, “10 IN ‘10”.

Information only.


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

AB18705 Resolution #2009-44
1. “A RESOLUTION OF THE CITY OF BELLINGHAM SEGREGATING A LOCAL IMPROVEMENT DISTRICT ASSESSMENT, IN THE TELEGRAPH ROAD AREA SEWER LID NO. 1107 FOR THE PLAT OF EMERALD COTTAGES.”

BORNEMANN / SNAPP moved final approval of Resolution #2009-44. MOTION CARRIED 6-0.


AB18706 Resolution #2009-45
2. “A RESOLUTION OF THE CITY OF BELLINGHAM DECLARING THAT AN EMERGENCY EXISTED JUSTIFYING AN EXEMPTION FROM THE FORMAL BID PROCESS WITH REGARD TO AN EMERGENCY ROAD REPAIR AND HILLSIDE STABILIZATION AT CHUCKANUT DRIVE.”

BJORNSON / KNUTSON moved final approval of Resolution #2009-45. MOTION CARRIED 6-0.


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

AB18707 1. WATERFRONT UPDATE REGARDING THE ADAPTIVE REUSE ASSESSMENT OF THE STRUCTURES ON THE GP MILL SITE

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 Knutson thanked Council President Buchanan for his year of service as President to the City Council.


EXECUTIVE SESSION - Report only.

1. POTENTIAL PROPERTY ACQUISITION: Staff provided information on acquisition of an approximately .38 acre parcel in the Birchwood Neighborhood for parks and trail purposes.

BJORNSON / SNAPP moved to authorize the purchase of said property at a purchase price of $45,000. MOTION CARRIED 6-0.
    2. POTENTIAL PROPERTY ACQUISITION: Staff provided information on acquisition of an approximately .4 acre parcel in the Birchwood Neighborhood for parks and trail purposes.

    BJORNSON / SNAPP moved to authorize the purchase of said property at a purchase price of $60,000. MOTION CARRIED 6-0.

    3. LITIGATION (City of Bellingham vs. Port of Bellingham): An update was provided to council on a pending litigation matter.

    KNUTSON / BORNEMANN moved to authorize the Mayor to enter into an Agreement with the Port of Bellingham whereby the parties agree to withdraw and dismiss various permit applications, SEPA notices and documents, and the City’s lawsuit relating to the Port’s proposed demolition in 2008 of certain structures on the former GP industrial site. The intent of the Agreement is to return the parties to the positions they were in prior to the Port’s submission of the demolition permit. MOTION CARRIED 6-0.

    4. LITIGATION Port of Bellingham vs. City of Bellingham: An update was provided to council on a pending litigation matter. Information only. No action taken.
      5. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential litigation matter. No action taken.


      MAYOR'S REPORT

      AB18708 1. MAYOR’S REAPPOINTMENTS OF STEVE BRENK AND ED BENNETT TO THE TOURISM COMMISSION

      Information only.


      AB18709 2. MAYOR’S REAPPOINTMENT OF DAVID WARREN TO THE CIVIL SERVICE COMMISSION

      KNUTSON / BJORNSON moved to authorize the Mayor’s reappointment of David Warren to the Civil Service Commission, term ending January 1, 2015. 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.

      AB18710 CB 13587
      1. “AN ORDINANCE RELATING TO THE 2009 BUDGET TO ACCOUNT FOR THE RECEIPT OF $30,500 IN GIFT FUNDS FROM THE FRIENDS OF THE BELLINGHAM PUBLIC LIBRARY AND INDIVIDUAL GIFTS, AND APPROPRIATING EXPENDITURES OF $30,500 IN THE LIBRARY GIFT FUND FOR LIBRARY MATERIAL PURCHASES.”

      AB18711 CB 13588
      2. "AN ORDINANCE RELATING TO THE 2009 BUDGET TO ACCOUNT FOR THE RECEIPT OF A $15,000 GRANT FROM THE NATIONAL ENDOWMENT FOR THE ARTS IN PARTNERSHIP WITH THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES, AND APPROPRIATING EXPENDITURES OF $15,000 IN THE GENERAL FUND FOR THE BIG READ: WHATCOM READS! PROGRAM."

      AB18712 Resolution #2009-46
      3. FINAL PLAT APPROVAL FOR DIVISION 2A OF THE BIRCH STREET PRELIMINARY PLAT

      “A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR PHASE 2A OF THE BIRCH STREET PRELIMINARY PLAT, CONSISTING OF 9 SINGLE FAMILY LOTS AND A PUBLIC OPEN SPACE TRACT, LOCATED IN AREA 11, WHATCOM FALLS NEIGHBORHOOD, GENERALLY LOCATED OFF BIRCH FALLS DRIVE, SOUTH OF LAKEWAY DRIVE.”

      AB18713 CB 13589
      4. “AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, REPEALING BELLINGHAM MUNICIPAL CODE SECTION 2.52 WHICH CREATED A CITY TRANSIT DIVISION FOR THE CITY’S TRANSIT SYSTEM.”

      AB18714 Resolution #2009-47
      5. “A RESOLUTION OF THE CITY OF BELLINGHAM TO AUTHORIZE THE MAYOR TO SIGN THE DEPOSITORY SERVICES RESOLUTION WITH U.S. BANK TO CREATE A NEW BANK ACCOUNT FOR THE WHATCOM MEDIC ONE FUND.”

      AB18715 6. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM NOVEMBER 20, 2009 TO DECEMBER 4, 2009

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


      FINAL CONSIDERATION OF ORDINANCES

      AB18524 1. CB 13543
      AN ORDINANCE APPROVING THE 2009 SHORELINE MASTER PROGRAM AT THE LOCAL LEVEL AND DIRECTING THE PLANNING DIRECTOR TO PREPARE A COMPLETE SHORELINE MASTER PROGRAM SUBMITTAL TO THE DEPARTMENT OF ECOLOGY.

      KNUTSON / BJORNSON moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote:

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

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-12-078


      AB18642 2. CB 13570
      AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LAND USE PLANNING AND ZONING FOR A 34.8 ACRE SITE IN AREA 17D OF THE GUIDE MERIDIAN/CORDATA NEIGHBORHOOD. THE AMENDMENTS CHANGE THE LAND USE CLASSIFICATION AND ZONING FROM INDUSTRIAL TO RESIDENTIAL/COMMERCIAL/INDUSTRIAL, PLANNED.

      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, SNAPP
      NAYS:
      ABSTENTIONS:
      EXCUSED: WEISS

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-12-079


      AB18641 3. CB 13571
      AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO BELLINGHAM’S COMPREHENSIVE PLAN, AMENDING THE SOUTH HILL NEIGHBORHOOD PLAN.

      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
      NAYS:
      ABSTENTIONS:
      EXCUSED: WEISS

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-12-080


      AB18572 4. CB 13572
      AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO BELLINGHAM’S COMPREHENSIVE PLAN, AMENDING THE BIRCHWOOD NEIGHBORHOOD PLAN.

      BJORNSON / 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
      NAYS:
      ABSTENTIONS:
      EXCUSED: WEISS

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-12-081


      AB18563 5. CB 13573
      AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LAND USE PLANNING, AMENDING PORTIONS OF THE LAND USE CHAPTER OF THE BELLINGHAM COMPREHENSIVE PLAN REGARDING URBAN VILLAGES.

      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
      NAYS:
      ABSTENTIONS:
      EXCUSED: WEISS

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-12-082


      AB18624 6. CB 13574
      AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LAND USE PLANNING AND THE BELLINGHAM COMPREHENSIVE PLAN, AMENDING THE PUBLIC SCHOOL FACILITY SECTION OF THE CAPITAL FACILITIES CHAPTER OF THE PLAN TO UPDATE THE TEXT AND INCORPORATE BY REFERENCE THE BELLINGHAM SCHOOL DISTRICT’S SIX-YEAR CAPITAL FACILITIES PLAN.

      BORNEMANN / SNAPP moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote:

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

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-12-083


      AB18625 7. CB 13575
      AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LAND USE PLANNING AND THE BELLINGHAM COMPREHENSIVE PLAN, AMENDING THE PUBLIC SCHOOL FACILITY SECTION OF THE CAPITAL FACILITIES CHAPTER OF THE PLAN TO UPDATE THE TEXT AND INCORPORATE BY REFERENCE THE MERIDIAN SCHOOL DISTRICT’S SIX-YEAR CAPITAL FACILITIES PLAN.

      BORNEMANN / SNAPP moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote:

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

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-12-084


      AB18622 8. CB 13577
      AN ORDINANCE RELATING TO THE 2010 BUDGET OF THE CITY OF BELLINGHAM, PROVIDING FOR THE ADOPTION OF SUCH BUDGET PURSUANT TO THE TERMS OF RCW 35.33.075, AND SETTING THE EFFECTIVE DATE.

      BJORNSON / 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
      NAYS:
      ABSTENTIONS:
      EXCUSED: WEISS

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-12-085


      AB18680 9. CB 13578
      AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO THE IMPACT OF RESIDENTIAL DEVELOPMENT ON PUBLIC SCHOOL FACILITIES, AMENDING TITLE 19 OF THE BELLINGHAM MUNICIPAL CODE RELATED TO THE IMPOSITION AND COLLECTION OF SCHOOL IMPACT FEES.

      BARBARA RYAN / 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
      NAYS:
      ABSTENTIONS:
      EXCUSED: WEISS

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-12-086


      AB18691 10. CB 13579
      AN ORDINANCE RELATING TO THE 2009 BUDGET TO ACCOUNT FOR THE RECEIPT OF A $10,200 GRANT FROM THE WASHINGTON TRAFFIC SAFETY COMMISSION TO THE BELLINGHAM POLICE DEPARTMENT AND APPROPRIATING RELATED EXPENDITURES FOR OVERTIME IN THE GENERAL FUND ASSOCIATED WITH MULTI-JURISDICTIONAL DUI PATROLS.

      BJORNSON / BARBARA RYAN 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
      NAYS:
      ABSTENTIONS:
      EXCUSED: WEISS

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-12-087


      AB18692 11. CB 13580
      AN ORDINANCE RELATING TO THE 2009 BUDGET FOR THE PURPOSES OF CLOSING THE PUBLIC WORKS STATE LOAN – WOBURN STREET FUND (233).

      BJORNSON / 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
      NAYS:
      ABSTENTIONS:
      EXCUSED: WEISS

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-12-088


      AB18693 12. CB 13581
      AN ORDINANCE RELATING TO THE 2009 BUDGET FOR THE PURPOSES OF CLOSING THE CIVIC FIELD IMPROVEMENT FUND (341.)

      KNUTSON / BJORNSON moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote:

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

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-12-089


      AB18694 13. CB 13582
      AN ORDINANCE RELATING TO THE 2009 BUDGET FOR THE PURPOSES OF CLOSING THE ARTERIAL STREET CONSTRUCTION FUND (112).

      SNAPP / BARBARA RYAN 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
      NAYS:
      ABSTENTIONS:
      EXCUSED: WEISS

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-12-090


      AB18695 14. CB 13583
      AN ORDINANCE RELATING TO THE 2009 BUDGET FOR THE PURPOSES OF CLOSING THE COMMUNITY ECONOMIC REVITALIZATION BOARD (CERB) FUND (234).

      SNAPP / BJORNSON moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote:

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

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-12-091


      AB18696 15. CB 13584
      AN ORDINANCE RELATING TO THE 2009 BUDGET AUTHORIZING CLOSURE OF THE CONSOLIDATED ASSESSMENT DEBT FUND FOR LID #1107 TELEGRAPH ROAD AND LID #1108 BARKLEY BOULEVARD (271), AND TRANSFER OF ANY REMAINING BALANCE TO THE LID GUARANTY FUND (245).

      SNAPP / BARBARA RYAN 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
      NAYS:
      ABSTENTIONS:
      EXCUSED: WEISS

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-12-092


      AB18697 16. CB 13585
      AN ORDINANCE RELATING TO THE 2009 BUDGET AUTHORIZING CLOSURE OF THE ASSESSMENT DEBT FUND FOR LID #1099 BARKLEY BOULEVARD (264), AND TRANSFER OF ANY REMAINING BALANCE TO THE LID GUARANTY FUND (245).

      BARBARA RYAN / 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
      NAYS:
      ABSTENTIONS:
      EXCUSED: WEISS

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-12-093




      ADJOURNMENT
      There being no further business, the meeting adjourned at 8:14 p.m.

      Barry Buchanan, Council President

      ATTEST: Linda D. Anderson City Clerk Representative
      APPROVED: 01/04/2010



      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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