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RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


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


REGULAR MEETING


Called To Order The meeting was called to order by Council President Barbara Ryan, who led the Pledge of Allegiance.

Roll Call
Present:
Excused: ANNOUNCEMENT(S)

No new meetings have been scheduled. Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.

APPROVAL OF MINUTES

None submitted.


15 - MINUTE PUBLIC COMMENT PERIOD

Yoshe Revelle, 817 – 25th Street reminded everyone to share a smile.

Lee Breakey spoke in opposition to the Dewey Valley / Mount Baker Highway Annexation. He also discussed problems he has had in attaining a permit for a small addition to his home.

Rick Chartrand, 1506 Cody Avenue took issue with the budget and implored the council to get a grip on reality and not pass the budget. He suggested reducing the staff at the city, particularly in the Planning Department since construction is down in the city; reduce staff hours to 34 hours a week; do a 15-25% reduction in headcount and ensure that only one member of a family is employed by the city. He also suggested rescheduling all present labor negotiations and establishing a public oversight commission for city finances with people who have real credentials.

Nancy Braam spoke in support of the Dewey Valley / Mount Baker Highway Annexation.

Ric Wilson spoke in support of the Dewey Valley / Mount Baker Highway Annexation.

Rodney Lynn Kirlin spoke in support of the Dewey Valley / Mount Baker Highway Annexation.

Marian Beddill, 3600 Seeley noted that there will be a public hearing at the county on December 10, 2008 regarding the proposed North Shore Estates subdivision. She will try to convince the county and water district to deny the application.

Jack Laird spoke in support of the Dewey Valley / Mount Baker Highway Annexation.

Frank Byford spoke in support of the Dewey Valley / Mount Baker Highway Annexation.

Gail Hanna, 4153 Dewey Valley Road spoke in opposition to the Dewey Valley / Mount Baker Highway Annexation.

Steve LeCocq, 1275 East Bakerview Road spoke in support of the East Bakerview / James Street Annexation.

Roger Almskaar, 233 South State Street spoke in support of the East Bakerview / James Street Annexation.

Chad Clark spoke in opposition to the Dewey Valley / Mount Baker Highway Annexation.

Johnny Grames,1506 East Maplewood shared his opinions with regard to BTV 10 and community based policing.

Mary Ann Filipini spoke in support of the East Bakerview / James Street Annexation.

Cathy LeCocq,1275 East Bakerview Road spoke in support of the East Bakerview / James Street Annexation.

Shar Sarti Prince, 4187 Dewey Road spoke in opposition to the Dewey Valley / Mount Baker Highway Annexation.

Patrick Alesse, Birch Bay supports annexation and protecting stormwater.

Cary Kaufman spoke in opposition to the Dewey Valley / Mount Baker Highway Annexation.

James Stanford, Lynden - primary applicant Dewey Valley / Mount Baker annexation asked council to consider postponing a decision in order to get more information from planning and finance.

Kathryn Dalen (owner, 2670 East Bakerview) spoke in opposition to the Dewey Valley / Mount Baker Highway Annexation.

Kurt Acton spoke in support of the Dewey Valley / Mount Baker Highway Annexation.

Jim Higginson spoke in opposition to the Dewey Valley / Mount Baker Highway Annexation.

Jami Aeschliman, spoke in opposition to the Dewey Valley / Mount Baker Highway Annexation.


PRESENTATION(S)

AB18238 1. PRESENTATION OF MAP/POSTER AWARD FOR KATE NEWELL

Mayor Pike presented a grand prize map/poster award from the Northwest GIS Users Group Conference to Kate Newell, GIS Specialist for the city. Information only.

REPORTS OF COMMITTEES

COUNCIL STANDING COMMITTEES

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

AB18201 CB 13491
1. CITY COUNCIL APPROVAL OF THE 2009 ANNUAL BUDGET ORDINANCE

SNAPP / KNUTSON moved to amend the 2009 annual budget with the following:
· In the Planning and Community Development Departmental budget, under Group 522 Tourism Grants, move $4,000 from the “Potential Cooperative Marketing Grant” line item under the category “Promotion Grants” (#180-522-4141) to the 2009 Chamber of Commerce Ski to Sea line item (#180-522-4107).
· Direct staff to issue the required 45-day notice to the Tourism Commission that this budgetary variance from their recommendations will be made; and
· Direct staff to strengthen contractual language for each recipient to emphasize that the full recommended promotion grant amounts are contingent – in a severely slowing economy – upon adequate hotel/motel bed tax receipts during the spending period.
MOTION CARRIED 7-0

WEISS / BORNEMANN moved to amend the 2009 annual budget to appropriate $50,000 from the Street Fund toward the formulation of a Transportation Master Plan. MOTION CARRIED 6-1, BJORNSON opposed.

KNUTSON / BORNEMANN moved approval for first and second reading as amended. MOTION 5-2, SNAPP, WEISS opposed.


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

AB18239 1. BID AWARD FOR A ROTARY PRESS AT THE POST POINT WASTEWATER TREATMENT PLANT

BUCHANAN / BJORNSON moved to award Bid No. 120B-2008 for a Rotary Press, Post Point Wastewater Treatment Plant to Fournier Industries, Inc. of Thetford Mines, Quebec, Canada 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 $512,300.00, which includes WSST. MOTION CARRIED 7-0.


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

AB18240 CB 13492
1. AN ORDINANCE RELATING TO THE 2008 BUDGET AUTHORIZING A $2,800,000 LOAN FROM THE NATURAL RESOURCE PROTECTION AND RESTORATION FUND TO THE BELLINGHAM WHATCOM PUBLIC FACILITIES DISTRICT

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

AB18241 CB 13493
2. AN ORDINANCE APPROPRIATING $1,687,438.35 IN GRANT FUNDS AND PRIVATE DONATIONS FROM CAMPAIGN FOR THE ARTS INTO THE BELLINGHAM WHATCOM PUBLIC FACILITIES DISTRICT FUND

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

AB18242 3. BID AWARD FOR 600 W. HOLLY DEMOLITION, BID # 130B-2008

BORNEMANN / BJORNSON moved to award Bid No.130B-2008 for 600 West Holly demolition to Western Refinery Services, Inc. of Ferndale, WA as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the Base plus Alternate A for the amount of their bid, which is $118,000.00. MOTION CARRIED 7-0.

AB18076 CB 13459
4. FINAL CONSIDERATION OF AN ORDINANCE APPROVING THE EAST BAKERVIEW/JAMES STREET ANNEXATION

See action under Third and Final Consideration of Ordinances.

AB18089 CB 13460
5. FINAL CONSIDERATION OF AN ORDINANCE APPROVING THE SAN JUAN/YEW STREET ANNEXATION PROPOSAL

See action under Third and Final Consideration of Ordinances.

AB18090 6. CONSIDERATION OF AN ORDINANCE APPROVING THE DEWEY VALLEY/MOUNT BAKER HIGHWAY ANNEXATION PROPOSAL

BORNEMANN / WEISS moved to postpone this item to June 15, 2009. MOTION CARRIED 7-0


WATERFRONT DEVELOPMENT COMMITTEE
MEMBERS: JACK WEISS, CHAIR; GENE KNUTSON; TERRY BORNEMANN

AB18243 1. WATERFRONT REDEVELOPMENT UPDATE

Council Member Weiss read a letter from Council President Barbara Ryan to the Port of Bellingham. The Port Commissioners and City Council will meet on December 12, 2008.


COMMITTEE OF THE WHOLE
MEMBERS: BARBARA RYAN, CHAIR

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

None submitted at evening meeting.

2. OLD/NEW BUSINESS

None presented.


EXECUTIVE SESSION – Report only.

1. POTENTIAL LITIGATION: Staff provided information on potential litigation. No action was taken.

2. POTENTIAL LITIGATION: Staff provided information on potential litigation. No action was taken.

3. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential acquisition of real property.

BJORNSON / KNUTSON moved to authorize accepting the donation of a 21,051 square foot parcel of property bordering along the western edge of Squalicum Park. MOTION CARRIED 7-0.

4. POTENTIAL PROPERTY ACQUISITION: Staff provided updated information on the potential acquisition of two parcels of real property located in the Lake Whatcom Watershed totaling approximately 60 acres.

BUCHANAN / SNAPP moved to authorize closing on the purchase of said property at a total purchase price of $1,300,000. MOTION CARRIED 7-0

5. POTENTIAL PROPERTY ACQUISITION: Staff provided updated information on a potential acquisition of a .42 acre parcel of waterfront real property in the Lake Whatcom Watershed.

BJORNSON / KNUTSON moved to authorize closing on the purchase of said property at a total purchase price of $395,000. MOTION CARRIED 7-0.

6. POTENTIAL PROPERTY ACQUISITION: Staff provided updated information on a potential acquisition of a .71 acre parcel of real property located at 1115 Cornwall Avenue.

BORNEMANN / BJORNSON moved to authorize closing on the purchase of said property at a total purchase price of $1,530,000. MOTION CARRIED 7-0

7. LITIGATION - Pacific Crest Partners v. City of Bellingham: Staff provided an update on this litigation matter and requested approval of a settlement offer. Council provided direction.

KNUTSON / BORNEMANN moved to approve a settlement of this Land Use Petition Act action, which resolves the street improvement and sprinkler conditions that were the basis of the lawsuit. MOTION CARRIED 7-0.

8. LABOR – Teamsters Contract Ratification Update: Staff provided an update on the status of union contract negotiations with Teamsters Local 231 regarding the Supervisor and Professional unit, which is a bargaining unit of approximately 100 employees. Some of the contract's terms include:
· The contract is for two years beginning January 2009 and running through December 2010.
· Wages will be increased by 2.75% on January 1, 2009, by 2.0% on January 1, 2010 and by 1.0% on July 1, 2010.
· Health and welfare contributions will be at 91% of the Preferred Provider Option plan paid by the city and 9% paid by the employee.
· There will be a market study of a supervisor's classification.

BJORNSON / BUCHANAN moved to ratify this contract. MOTION CARRIED 7-0.


MAYOR'S REPORT

AB18244 1. MAYOR'S APPOINTMENT OF JEAN MELIOUS TO THE HISTORIC PRESERVATION COMMISSION (FORMERLY THE LANDMARK REVIEW BOARD AND BOARD OF ADJUSTMENT)

WEISS / BUCHANAN moved to authorize the Mayor to appoint Jean Melious to the Historic Preservation Commission for a partial term ending June 30, 2011. MOTION CARRIED 7-0.


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.

AB18245 1. BID AWARD FOR WATER TREATMENT PLANT PRIMARY TRANSFORMER UPGRADE BID #142B-2008

AB18246 2. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM NOVEMBER 1, 2008 TO NOVEMBER 15, 2008.

AB18247 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM NOVEMBER 14, 2008 TO NOVEMBER 21, 2008.

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


FINAL CONSIDERATION OF ORDINANCES

AB18076 1. CB 13459
AN ORDINANCE RELATING TO THE ANNEXATION OF APPROXIMATELY SIX HUNDRED AND THIRTY FIVE ACRES OF UNINCORPORATED PROPERTY ADJACENT TO THE NORTHERN BOUNDARY OF THE BELLINGHAM CITY LIMITS AND COMMONLY KNOWN AS THE EAST BAKERVIEW / JAMES STREET ANNEXATION; AMENDING THE BELLINGHAM COMPREHENSIVE PLAN TO CREATE A NEW KING MOUNTAIN NEIGHBORHOOD; ASSIGNING CITY LAND USE AND ZONING DESIGNATIONS, AND ESTABLISHING AN EFFECTIVE DATE.

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: WEISS
ABSTENTIONS:

MOTION CARRIED 6-1 and was thereafter named Ordinance #2008-12-106

AB18089 2. CB 13460
AN ORDINANCE RELATING TO THE ANNEXATION OF APPROXIMATELY TWELVE ACRES OF UNINCORPORATED PROPERTY ADJACENT TO THE SOUTH EAST BOUNDARY OF THE BELLINGHAM CITY LIMITS AND COMMONLY KNOWN AS THE SAN JUAN / YEW STREET ANNEXATION; ASSIGNING CITY LAND USE DESIGNATION AND ZONING REGULATIONS, AND ESTABLISHING AN EFFECTIVE DATE

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
NAYS: WEISS
ABSTENTIONS:

MOTION CARRIED 6-1 and was thereafter named Ordinance #2008-12-107

AB18225 3. CB 13484
AN ORDINANCE RELATING TO LAND USE AND EXTENDING THE EXPIRATION DATE OF BELLINGHAM MUNICIPAL CODE CHAPTER 20.27, A DEMONSTRATION PROGRAM FOR INNOVATIVE PERMANENTLY AFFORDABLE HOMEOWNERSHIP PROJECTS

KNUTSON / BUCHANAN 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 #2008-12-108

AB18237 4. CB 13485
AN ORDINANCE RELATING TO THE 2008 BUDGET FOR THE PURPOSE OF RECORDING THE SOURCES AND USES RELATED TO THE REVENUE BOND ISSUE IN THE WATER FUND.

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 #2008-12-109

AB18226 5. CB 13486
AN ORDINANCE RELATING TO THE 2008 BUDGET INCREASING REVENUES AND ESTIMATED ENDING RESERVES BY $99,626 IN THE GENERAL FUND FOR UNANTICIPATED GIFT/PLEDGE MONEY RECEIVED FROM THE CAMPAIGN FOR THE ARTS 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, SNAPP, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2008-12-110

AB17857 6. CB 13487
AN ORDINANCE RELATING TO LAND USE PLANNING AND ZONING, AMENDING THE LAND USE CLASSIFICATION OF AREAS 3 AND 9 AND AMENDING THE BOUNDARY LINE BETWEEN AREAS 3, 8, 9, AND 14 AND CREATING A NEW AREA 3A OF THE LETTERED STREETS NEIGHBORHOOD PLAN AND AMENDING THE LAND USE DEVELOPMENT CODE (TITLE 20).

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 #2008-12-111

AB18211 7. CB 13488
AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LAND USE PLANNING AND ZONING FOR 2.62 ACRES IN AREA 4 OF THE SAMISH NEIGHBORHOOD PLAN. THE AMENDMENTS CHANGE THE NEIGHBORHOOD PLAN LAND USE CLASSIFICATION AND ZONING FROM RESIDENTIAL TO COMMERCIAL FOR THE SUBJECT PROPERTIES.

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 #2008-12-112

AB18195 8. CB 13489
AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BMC 13.70 TRANSPORTATION CONCURRENCY MANAGEMENT (SECTION 1) AND APPLICABLE SECTIONS OF THE TRANSPORTATION ELEMENT OF THE BELLINGHAM COMPREHENSIVE PLAN (SECTION 2).

WEISS / 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, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2008-12-113

AB18176 9. CB 13490
AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LAND USE PLANNING AND THE BELLINGHAM COMPREHENSIVE PLAN, INCORPORATING THE NEW PARKS, RECREATION AND OPEN SPACE CHAPTER INTO THE COMPREHENSIVE PLAN AND AMENDING PART 5 OF THE CAPITAL FACILITIES CHAPTER.

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

MOTION CARRIED 5-2 and was thereafter named Ordinance #2008-12-114



ADJOURNMENT

There being no further business, the meeting adjourned at 9:33 P.M. Barbara Ryan, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 01/12/2009



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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