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RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, January 12, 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:
Excused: ANNOUNCEMENT(S)

None scheduled.

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

APPROVAL OF MINUTES

BARBARA RYAN / KNUTSON moved approval of the minutes of the regular Council Meetings of November 24, 2008, December 8, 2008, and January 7, 2009 as submitted. MOTION CARRIED 7-0.

BARBARA RYAN / KNUTSON moved approval of the minutes of the regular Council Meeting of December 15, 2008 as submitted. MOTION CARRIED 6-0-1, WEISS abstained due to his absence at that meeting.

15 - MINUTE PUBLIC COMMENT PERIOD

Christopher Grannis, 701 Chuckanut Drive North read an excerpt of Council Member Joan Beardsley comments, from the July 2006 Greenway Committee minutes and played a video excerpt of former Mayor Mark Asmundson, from the March 6, 2006 City Council meeting; both of which, he feels, make it clear that the Greenways Levy would not have been put on the ballot without a commitment of $8 million for the purchase of Chuckanut Ridge.

Beatrice Pogin, 1800 Texas would like to see an attitude of cooperation and listening to the residents of the city and county and would like to see representatives on committees for those that are not represented, such as the homeless and victims of domestic violence.

Johnny Grames, 1506 E. Maplewood shared his opinions with regard to BTV10 programming.

Bruce Deile spoke at a November [24th] 2008 council meeting with regard to motels not taking cash. He reiterated his concerns and said the Attorney General has indicated that there is no federal mandate to force businesses to accept a certain form of currency although state law may do so. If the state can, then he feels the city should be able to do so as well. The city has not responded to his earlier concerns and he asked the city to reconsider a law to prohibit motels from requiring a credit card.

Rick Chartrand voiced concern with regard to the search for a director of the Bellingham Public Development Authority (BPDA). He took issue with the $20,000 consultant fee and the director's proposed salary. He feels with unemployment at 7.2%, the city will be able to find a very qualified applicant for much less than $180,000 a year. He feels the process could have been open to several head hunters without paying any upfront costs and the city would only have to pay for results, rather than effort. He said it's going to be interesting to see how this will be sold to the public and is hoping to awaken the silent majority.

Frank James, 3511 Chuckanut Avenue addressed the potential development of Chuckanut Ridge and environmental concerns. He is angry that there are meetings without minutes or notes and last minute notification of meetings where important decisions are taking place. He feels there has been a lack of appropriate public process.

John Brown, 505 Cypress Road shared concerns expressed by other speakers regarding: environmental concerns of Chuckanut Ridge; the video excerpt of former Mayor Asmundson; lack of notes at meetings; late notice of important issues. He hopes the council will reject the $4,145,000 [AB 18275] for a corridor/public trail connection [through Chuckanut Ridge] and hopes council members will stick to their commitment of $8 million going toward the acquisition of Chuckanut Ridge.

Maryanne Rangell, 251 S. Garden is opposed to approving the money for a corridor [AB 18275]. She voted for the Greenway Levy with the understanding that $8 million had been promised and was coming forth for the purchase of the [Chuckanut Ridge] property.

Larry Freeman addressed the Chuckanut Ridge situation: he is concerned about short notice of important meetings; the Greenway ballot, he said, was planned around $8 million for this property; this is an ecological keystone property; the Parks Department had a meeting with no minutes to which citizens could respond; the mayor made a commitment to the preservation of this property in his campaign; the preservation of Puget Sound is a principle we can all endorse and you [council] have the power to enact a movement toward preservation of our Sound.

Brad Rose, 221 Bayside Place said, as the city looks toward infill, key pieces of land become much more important to preserve for when the population of the city grows up to, and over, 100,000. His neighborhood was under the impression that the $8 million for southside acquisitions was going to go to save Chuckanut Ridge. He hopes that when the results of the Environmental Impact Statement come in the true value of this property will be ascertained and we [the city] will be able to purchase the entire piece.

Adam Ward affirmed concerns of Frank James and other speakers on their position [Chuckanut Ridge]; thanked the city and county for participating in Government Access Television; suggested Port of Bellingham televise their meetings [live]; noted the potential of foreign ownership of Puget Sound Energy and asked the Mayor and City Council to contact Simon FFitch (Attorney General's office) and encourage him to appeal to block the Puget Sound Energy case. Additionally, Mr. Ward suggested having a well noticed, public meeting at a large venue in regard to the Chuckanut Ridge situation.

Gerry Wilbour, 705 Chuckanut Drive North agreed with previous speakers regarding Greenways and Chuckanut Ridge. He is troubled by the draft Strategic Plan because it is so inconsistent with prior discussions about Greenways funding and specifically what was in the levy. Additionally, he finds it troublesome that a hard dividing line has been established north and south of Whatcom Creek. Rather than using generalities about north and south, the Parks Department is putting Whatcom Creek back in as a hard line. He said that was not in the levy and it was specifically rejected by council. He said the $26 million asking price is clearly ridiculous and suggests that, at this time, $8 million would be a reasonable counteroffer for the whole thing. His primary interest is in the integrity of the process where the public record clearly shows that three council members would not support the mayor's levy proposal until it was assured that $8 million would be available for acquisition of Chuckanut Ridge. The specific language that the [former] Mayor used in assuring that this was what the levy proposal meant forms a binding contract with the voters. He added that the draft Strategic Plan proposed by the staff has merit if funds from other sources become available and political honesty demands that it must be rejected for the current levy cycle.

John McLaughlin said that in something as contentious as this issue [Chuckanut Ridge] it really helps to base decisions as objectively as possible – using science. He has reviewed the Strategic Plan, including the acquisition guidelines and said he was dismayed that they omit half the guidelines from science, and the guidelines are all binary. He recommends using quantitative answers to make these decisions and offered his assistance to the Council.

PRESENTATION(S)

Mayor Pike read a proclamation proclaiming Monday, January 12, 2009 to be Harold "Barney" Goltz day.

Mayor Pike read a proclamation proclaiming Tuesday, January 13, 2009 to be Andy Anderson day.


AB18271 1. PRESENTATION BY HART HODGES ON ECONOMIC TRENDS

Hart Hodges, Director, Center for Economic and Business Research (CERB) and Assistant Professor of Economics, Western Washington University. Mr. Hodges gave a thorough review of the current economic trends.

Mr. Hart explained that local data is just starting to show a real downturn and the State forecast could be lowered notably in March. He reviewed job growth/loss over the last year, unemployment cycles over the last 30 years and retail sales over the last ten years. All factors are suggesting a decline in retail sales.

He went on to review current strategies, opportunities and costs in localization and noted that businesses with less than 50 employees employ less than half the workers in Bellingham and Whatcom County. He added that the data shows that the larger firms pay higher wages and offer more health benefits and said no one has articulated when the idea of relocalization stops being meaningful. He hopes to plant the seed for future conversations so there can be balance in the discussion. He supports local businesses for their service, unique products, and trust but feels there are chain stores and franchises that are also deserving. He asked that council consider what is best for the community and ask more questions.

Information only.

AB18272 2. ECONOMIC DEVELOPMENT COUNCIL PRESENTATION BY NANCY JORDAN.

Nancy Jordan, Director, Bellingham Whatcom Economic Development Council (BWEDC), presented an update of the BWEDC and a wrap up of 2008. Short term aspects of the BWEDC include: current disaster relief, economic contraction, stimulus packages and taking care of each other. Long term, the EDC will be looking and re-evaluating: economic recovery, strategies, greater economic awareness and balance of the triple bottom line.

The EDC is the designated Associate Development Organization (ADO) for the state, which is the lead agency in each county for economic development. Inbound services include on-call for the State, initial point of contact for site selectors, liaison for state and international economical development events, and counseling for inbound businesses. Businesses and local clients receive confidential direct counseling and referral services, capacity building for a local economic development network, quick-response gathering of leaders, stakeholders and economic development technicians in addition to long-term economic strategies. The ADO services are funded by locally matched state dollars.

Information only.

BREAK
Council Member Buchanan called the meeting back to order at 8:49 p.m.

BJORNSON / BARBARA RYAN moved to direct staff to contact the Governor's office to obtain the protocol for flying the flags at half mast for Barney Goltz & Andy Anderson. MOTION CARRIED 7-0


REPORTS OF COMMITTEES
COUNCIL STANDING COMMITTEES:

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

AB18273 1. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING AWARD FOR THE CITY'S 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)

Information only.

AB18274 CB 13497
2. AN ORDINANCE RELATING TO THE 2008 BUDGET APPROPRIATING AN ADDITIONAL $104,774.84 IN THE COMMUNITY ECONOMIC REVITALIZATION BOARD (CERB) FUND FROM UNANTICIPATED REVENUE TO BE USED FOR RETIRING THE REMAINING BALANCE OF THE CERB LOAN

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


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

AB18275 1. APPROVAL OF STRATEGIC PLAN FOR GREENWAY 3 LEVY LAND ACQUISITION.

BARBARA RYAN / BORNEMANN moved to approve the Strategic Plan for the north side and Whatcom Creek areas for Greenway Program Land Acquisition. MOTION CARRIED 6-1, WEISS opposed.
RYAN / BORNEMANN moved to table the south side section of the Strategic Plan until after the council has reviewed the Environmental Impact Statement from the Fairhaven Highlands Project.
KNUTSON moved to amend the motion to table the south side section of the Strategic Plan to the next available meeting following the 15th day after the Draft Environmental Impact Statement is released for the Fairhaven Highlands Project.
BARBARA RYAN accepted the amendment.
MOTION CARRIED 6-1, SNAPP opposed.


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

AB18276 1. CONSIDERATION OF AN AMENDMENT TO THE 1997 CITY/COUNTY INTERLOCAL AGREEMENT CONCERNING ANNEXATION AND DEVELOPMENT IN BELLINGHAM'S UGA. IF APPROVED, THE AMENDMENT WOULD EXTEND THE CURRENT AGREEMENT TO THE END OF 2009.

BORNEMANN / KNUTSON moved to authorize the Mayor to execute an amendment to extend the Interlocal Agreement to the end of 2009. MOTION CARRIED 7-0.


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

AB18277 Resolution #2009-01
1. A RESOLUTION OF THE CITY OF BELLINGHAM DECLARING THAT AN EMERGENCY EXISTED JUSTIFYING AN EXEMPTION FROM THE FORMAL BID PROCESS WITH REGARD TO EMERGENCY REPAIRS DUE TO FIRE DAMAGE TO FIRE STATION NUMBER 4.

BJORNSON / WEISS moved final approval of Resolution #2009-01. MOTION CARRIED 7-0.


COMMITTEE OF THE WHOLE
MEMBERS: BARRY BUCHANAN, CHAIR

AB18291 1. NOAA MARINE OPERATIONS CENTER PROPOSAL FOR RELOCATION TO THE CITY OF BELLINGHAM

Mayor Pike said the impact fees would be approximately $25,000.

KNUTSON / BJORNSON moved approval of an exemption from Traffic Impact Fees.

Council Member Ryan clarified that this exemption would only apply to the NOAA proposal. Any other possible impact fee exemptions would be considered on a case-by-case basis.

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 Member Buchanan and Mayor Pike recognized Fire Chief Bill Boyd, Public Works Director Tom Rosenberg and Assistant Public Works Director Ted Carlson and their staff for outstanding service to the community during the recent flooding event.

Mayor Pike noted that, effective January 12, 2009, he has signed a rescission of the January 7, 2009 emergency proclamation.

Council Member Weiss noted that the Bellingham Public Development Authority is now seeking an Executive Director.

Council Member Bornemann announced that there will be a Martin Luther King Celebration January 19, 2009, Noon at Bellingham Municipal Court.

Council Member Ryan discussed Greenway Levy tax calculations.

MAYOR'S REPORT


AB18278 1. MAYOR'S APPOINTMENT OF DON HALE, AS THE MT. BAKER ALTERNATE REPRESENTATIVE TO THE MAYOR'S NEIGHBORHOOD ADVISORY COMMISSION

Information only.

AB18279 2. MAYOR'S APPOINTMENT OF DEBORRA GARRETT, AS THE HAPPY VALLEY DISTRICT REPRESENTATIVE TO THE MAYOR'S NEIGHBORHOOD ADVISORY COMMISSION.

Information only.

AB18280 3. MAYOR'S APPOINTMENT OF JIMMY KELSEY, AS THE ALABAMA HILL DISTRICT REPRESENTATIVE TO THE MAYOR'S NEIGHBORHOOD ADVISORY COMMISSION.

Information only.

AB18281 4. MAYOR'S APPOINTMENT OF ROD BURTON TO THE HISTORIC PRESERVATION COMMISSION (FORMERLY THE LANDMARK REVIEW BOARD AND BOARD OF ADJUSTMENT

BORNEMANN / BJORNSON moved approval of the Mayor's appointment of Rod Burton to the Historic Preservation Commission, term ending January 1, 2012. MOTION CARRIED 7-0.

AB18282 5. MAYOR'S APPOINTMENT OF W. ROBERT SIMPSON TO THE WHATCOM MUSEUM SOCIETY.

BARBARA RYAN / SNAPP moved approval of the Mayor's appointment of W. Robert Simpson to the Whatcom Museum Society, term ending March 1, 2010. MOTION CARRIED 7-0.

AB18283 6. MAYOR'S APPOINTMENT OF BRAD BURDICK TO THE TOURISM COMMISSION.

Information only.

AB18284 7. MAYOR'S REAPPOINTMENTS OF BRANT BARON AND DREW SCHMIDT TO THE TOURISM 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.

AB18285 1. AUTHORIZATION OF CHECKS ISSUED FOR PAYROLL PERIOD OF DECEMBER 1, 2008 THROUGH DECEMBER 15, 2008.

AB18286 2. AUTHORIZATION OF CHECKS ISSUED FOR ACCOUNTS PAYABLE CHECKS ISSUED DECEMBER 19, 2008 THROUGH DECEMBER 24, 2008.

AB18287 3. AUTHORIZATION OF CHECKS ISSUED FOR ACCOUNTS PAYABLE CHECKS ISSUED DECEMBER 5, 2008 THROUGH DECEMBER 12, 2008.

AB18288 4. AUTHORIZATION OF CHECKS ISSUED FOR ACCOUNTS PAYABLE CHECKS ISSUED DECEMBER 12, 2008 THROUGH DECEMBER 19, 2008.

AB18289 5. BID AWARD FOR LOTUS DOMINO ANNUAL SOFTWARE MAINTENANCE 2009 #143B-2009

AB18290 Resolution #2009-02
6. 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, AND VACATION OF THE ENTIRE ALLEY WITHIN SAID BLOCK GENERALLY BETWEEN 19TH AND 20TH STREETS, AS SHOWN ON EXHIBIT A.

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


FINAL CONSIDERATION OF ORDINANCES

AB18253 1. CB 13494
AN ORDINANCE REPEALING BELLINGHAM MUNICIPAL CODE SECTION 8.04.170 - FIREARMS PROHIBITED IN PARKS

BARBARA RYAN / WEISS moved to table the final vote to gather more information. MOTION FAILED, 3-4, BORNEMANN, BUCHANAN, KNUTSON, SNAPP OPPOSED.

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

MOTION CARRIED 4-3 and was thereafter named Ordinance #2009-01-001

AB18255 2. CB 13495
AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE SECTION 4.84.010 RELATED TO DISPOSITION OF CITY-OWNED REAL PROPERTY

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 #2009-01-002

AB18265 3. CB 13496
AN ORDINANCE RELATING TO THE 2008 BUDGET APPROPRIATING AN ADDITIONAL $9,000 IN THE GENERAL FUND FROM UNANTICIPATED WASHINGTON STATE TRAFFIC SAFETY COMMISSION GRANT REVENUE TO BE USED FOR POLICE DEPARTMENT OVERTIME NEEDED TO CONDUCT IMPAIRED DRIVER AND SPEEDING EMPHASIS 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, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-01-003



ADJOURNMENT

There being no further business, the meeting adjourned at 9:48 p.m. Barry Buchanan, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 02/09/2009



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.

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