RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON

COUNCIL CHAMBERS, CITY HALL
Monday, September 08, 2008, 07:00 PM
Book: 62, Page: 1

Called To Order The meeting was called to order by Council President Barbara Ryan, 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)

· There are no additional meetings scheduled for the next two weeks.

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


APPROVAL OF MINUTES

KNUTSON / BORNEMANN moved approval of the August 4, 2008 and August 11, 2008 minutes of the regular Council Meetings as submitted. MOTION CARRIED 7-0.


15 - MINUTE PUBLIC COMMENT PERIOD

Steve Wilson, 1713 Old Samish Road spoke in support of on-site restoration of the Rose Garden House at Fairhaven Park.

Mary Mullen, 2221 South Avenue spoke in support of on-site restoration of the Rose Garden House at Fairhaven Park.

Miguel Boriss, 1150 Franklin Avenue explained that there was a sewer main break near his home causing raw sewage to run down the alley and into his back yard. It has been determined that the break is on a private lateral through the city right-of-way that services approximately 13 homes and those homeowners are completely responsible for the upkeep and maintenance of that line. The line was laid down in the 1930's and he is concerned that another break might happen. He requested information and assistance on how this line can be adopted by the city, brought up to city standards and maintained by the city. He also spoke in support of the restoration of the Rose Garden House.

Heather Alvis, 1150 Franklin Avenue also addressed the sewer line break in the Franklin Street area and showed several pictures of the sewage and destruction from the break.

Anne Mackie, 1351 Humboldt said at the August 27, 2008 general meeting of the York Neighborhood Association, Mr. Boriss, Ms. Alvis and other neighbors explained the sewer line break situation on Franklin Street. She explained that the break is in a city right-of-way alley and although it was installed as a private line, it was never brought in and adopted by the city. The potential for the line to break elsewhere is apparent. She understands that this is a private lateral and the city cannot use public funds to make repairs; however, she feels that the city should have some ability to declare a health hazard and intervene in this emergency. She appealed to the city council to address this issue for the homeowners.

Vince Biciunas, 911 Wilson President, Fairhaven Neighborhood Association, spoke in support of on-site restoration of the Rose Garden House at Fairhaven Park.

John Hymas, 1316 23rd Street President, Happy Valley Neighborhood Association; took issue with speakers at a national convention belittling community organizers. Also, personally, he would like to see the Rose Garden House restored on site.

Johnny Grames,1506 East Maplewood Avenue shared memories of Alaska.

Rick Chartrand, 3510 Cody Avenue requested that the city honor Brian Griffin for his contributions to the city.

Stuart Plotnick, 902 Donovan Avenue, Vice President, Fairhaven Neighborhood Association thanked the council for being open to a creative solution to the Rose Garden House and suggested creating performance standards in the agreement.

Christopher Grannis, 701 Chuckanut Drive North, spoke in support of on-site restoration of the Rose Garden House at Fairhaven Park.

Jess Robinson, 3262 Spyglass Drive, property owner at 400 Whatcom Street, spoke with regard to the sewer line break and said he was surprised to discover the private lateral on city property and encouraged the city to put a plan in place to adopt this and other private laterals in the city.

Babette Vroman, Franklin Street spoke with regard to the sewer line break and said that other than showing the line, the city has no other information on it. She feels that since the city doesn't have any of the records, the city has determined that it is private. There are twelve other sections of that line that need to be fixed and could cost as much as $60,000. That would be an onerous burden on the property owners. She has done a title search and there is nothing in her title that states there is an encroachment upon a city right-of-way. Additionally, her paperwork shows that her sewer is hooked into the city main.

Paul Hope, 1145 Grant, addressed the sewer line break, and expressed disappointment about how government responds to people in need. He noted that the property lines for the houses along Franklin Street end right before the alley. Because this happened in the Boriss/Alvis backyard, they were held financially responsible for the repairs and, he said, threatened of eviction by the city if they did not repair the sewer line. Mr. Boriss and Ms. Alvis have been put in the position of having to go door-to-door and ask their neighbors to contribute to a project that no one really owns. Instead of rising to the occasion, City Hall was very hostile to the people who were affected by the line.

Council Member Bornemann noted that he and Council Member Buchanan had contacted Public Works with regard to the sewer line break. He noted that there are a number of private lines throughout the city and most homeowners are not aware of the situation. He thinks this is something the city needs to look into and inform citizens if they are affected.

Council Member Weiss asked if the break was in the public alley.

Mr. Morris confirmed and said that it backed up into his yard.

Dick McKinley, Public Works Director explained that this is a private lateral. There are many around town and they do not necessarily show on a title. Whether the private lateral is under the right-of-way in the alley is immaterial because all private lines, at some point, are in the public right-of-way. The city is barred by the laws of the State of Washington from being able to spend public money to solve private problems. The Bellingham Municipal Code says that property owners can petition Public Works to build their own public sewer line; then they are hooked to a public sewer and the city maintains the public sewer. The homeowners are responsible for the lateral from the public sewer to their home.

Mr. McKinley added that there is no record on anyone's title about the laterals. A title only shows whether a property is either hooked to a septic system or a public sewer and does not show how long a lateral is or how it's configured between a house and the public sewer.

Council Member Buchanan said it is his understanding that in addition to petitioning for extension of service, there are two other options.

Mr. McKinley replied that there is the ability to form a Local Improvement District and there is the ability for the city to just pay for the line.

Council Member Snapp feels that it is a homeowner's perspective that their line goes from their house out into the right-of-way to a city line. This lateral goes up the alley just as if it were a city line and the homeowners would have no way to know that it was not a city line.

Mr. McKinley will bring information back for a worksession with regard to this issue and private laterals within the city.

REPORTS OF COMMITTEES

COUNCIL STANDING COMMITTEE MEETINGS:

PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: BARRY BUCHANAN, CHAIR; STAN SNAPP; LOUISE BJORNSON

AB18110 1. INTERAGENCY AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES FOR THE PURPOSE OF MAPPING EELGRASS BEDS ALONG THE BELLINGHAM MARINE SHORELINE

BUCHANAN / BJORNSON moved to authorize the Mayor to sign an interagency agreement, IAA 09-69, and other procedural documents related to eelgrass mapping between the City of Bellingham and Washington State Department of Natural Resources.

Council Member Bjornson added that the eelgrass mapping includes the mouth of Little Squalicum Creek and the Little Squalicum Beach area.

MOTION CARRIED 7-0.

AB18111 CB 13463
2. AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING SECTIONS OF BMC 11.38 – RESIDENTIAL PARKING ZONE TO MORE CLEARLY DEFINE ZONE BOUNDARIES AND EXTEND TIME LIMITS FOR TEMPORARY VISITOR PERMITS

BUCHANAN / BORNEMANN moved approval for first and second reading. MOTION CARRIED 7-0.

AB18112 3. STAFF UPDATE ON STATUS OF YEW STREET RESERVOIR PROJECT, EW-127

BUCHANAN / BJORNSON moved to direct staff to proceed with preparing an ordinance to redirect bond proceeds to other water projects. MOTION CARRIED 7-0.


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

AB18113 CB 13464
1. AN ORDINANCE TO MODIFY THE LIST OF CAPITAL PROJECTS WHICH ARE ELIGIBLE FOR REIMBURSEMENT FROM THE 2006 WATER AND SEWER BOND

KNUTSON / BJORNSON moved approval for first and second reading.

Council Member Weiss asked if projects have been identified for the $4.5 million for water capital projects identified in the Water Comprehensive Plan.

Mr. McKinley said there is not a detailed list other than the Air Scour Project listed in the 2006 Bond. He added that projects would be growth related, capacity-increasing, water system projects identified in the Water Comprehensive Plan and they will be reflected in the 2009 budget.

MOTION CARRIED 7-0.

AB18114 Resolution #2008-31
2. A RESOLUTION ADOPTING THE REVISED CITY OF BELLINGHAM INVESTMENT POLICY

KNUTSON / BORNEMANN moved final approval of Resolution #2008-31. MOTION CARRIED 7-0.


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

AB18115 1. STAFF UPDATE ON THE BIRCHWOOD-MERIDIAN CORRIDOR ANALYSIS

WEISS / BORNEMANN moved to direct staff to allocate the remaining money and to proceed with further work on the design.

In discussion with council members, Dick McKinley, Public Works Director confirmed that this design takes the largest trucks into consideration.

MOTION CARRIED 7-0.


Mayor Pike acknowledged John Carter, Finance Director and staff on the award received from the Washington Municipal Treasurer's Association, which gave their highest rating to the revised city investment policy (Resolution #2008-31). He said that year-to-date the city has achieved an effective return on investments of over 4.5%.


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

AB18116 1. AUTHORIZE THE SURPLUS OF THE FAIRHAVEN PARK ROSE GARDEN HOUSE

BJORNSON / BUCHANAN moved to direct staff to prepare an agreement supporting the restoration of the Rose Garden House on site and to include benchmarks in the agreement that the organization must meet in order to proceed. MOTION CARRIED 7-0. [Ed. Note: this motion supports proposal #2 by ReSources for Sustainable Communities & Center for Self Reliance (adaptive reuse)].

AB18117 CB 13465
1. APPROPRIATION OF FUNDS FROM GREENWAYS ENDOWMENT INTEREST INCOME

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


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

AB18118 1. DISCUSSION REGARDING POSSIBLE AMENDMENT TO OPEN SPACE AGREEMENT AT CLARK'S POINT

Council Member Bornemann reported that the committee directed staff to work with the county to convene an Open Space Committee Meeting.

AB18119 2. BRIEFING ON PROPOSED AMENDMENTS TO LAKE WHATCOM REGULATORY CHAPTER, COMMONLY REFERRED TO AS THE SILVER BEACH ORDINANCE (SBO)

BORNEMANN / KNUTSON moved to direct staff to initiate the code changes to allow the public review process and extend the moratorium to cover the process. MOTION CARRIED 7-0.

BORNEMANN / SNAPP moved to direct staff to prepare an ordinance extending the moratorium for six months. MOTION CARRIED 7-0.


COMMITTEE OF THE WHOLE
MEMBERS: BARBARA RYAN, CHAIR

AB18120 1. DEPARTMENTAL UPDATE FOR THE WHATCOM MUSEUM

Information only.

AB18121 CB 13466
2. ORDINANCE TO CREATE A SENIOR MANAGEMENT POSITION AT THE WHATCOM MUSEUM FROM BUDGETED WAGE ALLOCATIONS

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

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

None submitted at evening meeting.

4. OLD/NEW BUSINESS

None presented.


EXECUTIVE SESSION – Report only

1. POTENTIAL PROPERTY ACQUISITION: Staff provided an update on a potential acquisition of real property detailed in that certain Real Estate Purchase and Sale Agreement dated June 2, 2008 between the City and Samish Height, Inc.

BUCHANAN / SNAPP moved to reject the purchase of an approximately 34,844 square foot parcel of property in the Samish Hill area. MOTION CARRIED 7-0.

2. LITIGATION: Port of Bellingham v. City of Bellingham: Staff provided an update to Council on this pending litigation. No action was taken.

3. LITIGATION: Skagit County v. State et al: Staff provided an update to Council on this pending litigation challenging the Lake Whatcom Landscape Plan.

KNUTSON / BORNEMANN moved to authorize the Mayor to sign a Settlement Agreement with the following terms:

· Dismissal of the lawsuit with prejudice;
· Payments to the Mt. Baker School District by July 1, 2009 in the following amounts: City $225,000; Whatcom County $150,000; State of Washington $725,000;
· The City, Whatcom County, Skagit County and the Mt. Baker School District lobby for a state legislative change so that revenues that school districts receive from the State to fund basic education are no longer partially offset by revenues a district receives from timber harvest on state-managed forest trust lands; and
· If there is no state legislative change, payments by July, 2010 in the following amounts: City $67,000; Whatcom County $33,000.

MOTION CARRIED 7-0.

4. LITIGATION: Hanson v. City of Bellingham: Staff provided an update to Council on this pending litigation. Direction was provided to staff.

5. POTENTIAL LITIGATION: Staff provided an update to council on a potential litigation matter. No action was taken.

6. LITIGATION: Alexander v. City of Bellingham: Staff provided an update to Council on this litigation matter. This matter was submitted to mediation as required by the Federal Rules of Civil Procedure. The initial claim in this matter was for damages in excess of $1 million. Counsel for Plaintiff asserted that his fees and costs to date are in excess of $225,000.

SNAPP / BORNEMANN moved to authorize the Mayor to sign a Settlement Agreement resulting in a full and final release and payment to Plaintiff in the amount of $15,000. MOTION CARRIED 7-0.

7. LABOR NEGOTIATIONS BRIEFING: Briefing on labor negotiations.


MAYOR'S REPORT

AB18122 1. MAYOR'S APPOINTMENT OF DREW WINSOR AND REAPPOINTMENT OF THERESE KELLIHER TO THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE

BUCHANAN / SNAPP moved to authorize the Mayor to appoint Drew Winsor, term expiring July 31, 2010 and reappoint Therese Kelliher, term expiring on July 31, 2012 to the Bicycle/Pedestrian Advisory Committee. MOTION CARRIED 7-0.

AB18123 2. MAYOR'S APPOINTMENT OF JUDY VAN WOUDENBERG AS THE GUIDE MERIDIAN / CORDATA NEIGHBORHOOD REPRESENTATIVE AND ADRIENNE LEDERER AS THE GUIDE MERIDIAN / CORDATA ALTERNATE REPRESENTATIVE TO THE MAYOR'S NEIGHBORHOOD ADVISORY COMMISSION

Information only.

AB18124 3. MAYOR'S APPOINTMENT OF WARREN ROSENTHAL AS THE MT. BAKER NEIGHBORHOOD REPRESENTATIVE AND ROBIN HITZ AS THE MT. BAKER ALTERNATE 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.

AB18125 1. BID AWARD FOR MANHOLE FRAMES AND COVERS, BID # 102-2008

AB18126 2. BID AWARD FOR UNDERGROUND STORAGE TANK DECOMMISSIONING AT SHORT STREET, BID # 104-2008

AB18127 3. BID AWARD FOR MARIETTA WATER TANK PAINTING PROJECT, BID #99-2008

AB18128 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM AUGUST 1, 2008 TO AUGUST 8, 2008.

AB18129 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM AUGUST 8, 2008 TO AUGUST 15, 2008.

AB18130 6. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM AUGUST 15, 2008 TO AUGUST 22, 2008.

AB18131 7. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM JULY 16, 2008 TO JULY 31, 2008.

AB18132 8. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM AUGUST 1, 2008 TO AUGUST 15, 2008.

KNUTSON / BJORNSON moved to approve the Consent Agenda in its entirety. MOTION CARRIED 7-0.


FINAL CONSIDERATION OF ORDINANCES

AB18105 1. CB 13461
AN ORDINANCE RELATING TO THE 2008 BUDGET RECLASSIFYING TWO STREET FUND POSITIONS IN THE PUBLIC WORKS DEPARTMENT, FINANCIAL MANAGEMENT GROUP, WHERE NO ADDITIONAL FUNDS OR REALLOCATION OF EXPENDITURES IS REQUIRED

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, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2008-09-083

AB18106 2. CB 13462
AN ORDINANCE RELATING TO THE 2008 BUDGET RECORDING RECEIPT OF A GIFT APPROPRIATING AN ADDITIONAL $9,481.53 IN THE LIBRARY GIFT FUND, FROM AN UNANTICIPATED GIFT OF FUNDS RECEIVED FROM THE FRIENDS OF THE BELLINGHAM PUBLIC LIBRARY, TO REIMBURSE THE CITY FOR 50% OF THE PURCHASE OF COMPUTER HARDWARE FRO PUBLIC USE AT THE LIBRARY

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

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2008-09-084


ADJOURNMENT

There being no further business, the meeting adjourned at 8:45 p.m. Barbara Ryan, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 09/29/2008

This is a digital copy of an original document located at Bellingham's City Hall. The City of Bellingham specifically disclaims any responsibility or liability for the contents of this document. The City of Bellingham does not verify the correctness, accuracy, or validity of the information appearing in this document.