Council Minutes for October 06, 2008 City of Bellingham, WA

RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON

COUNCIL CHAMBERS, CITY HALL
Monday, October 06, 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:

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)

· October 11th @ 9:00 a.m. at Woodstock Farm, there will be a City Council Retreat.

· October 20th @ 7:00 p.m. in Council Chambers there will be a Public Hearing regarding 2009 property tax levy consideration.

· October 20th @ 7:00 p.m. in Council Chambers there will be a Public Hearing regarding amendments to the Park, Recreation and Open Space chapter of the City's Comprehensive Plan.

· On October 23rd @ 7:00 p.m. in the Mayor's Board Room, there will be a City Council worksession regarding the 2009 budget

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

APPROVAL OF MINUTES
None submitted.

15 - MINUTE PUBLIC COMMENT PERIOD

Rick Chartrand, 3510 Cody Avenue. As a taxpayer he requested that city government carefully examine expenditures regardless of current prudent budget practices and discussed current financial issues.

Beverly Jacobs, Co-President, Guide Meridian / Cordata Neighborhood Association requested that the City allow Costco and Wal Mart to expand so they don't move to Ferndale. They are part of the Guide Meridian / Cordata Neighborhood, “this is our urban village”, she said, “and we need their taxes and their services”.

PRESENTATION(S)

AB18166 1. PRESENTATION OF GIFTS FROM CHEONGJU, KOREA, BELLINGHAM'S FIFTH SISTER CITY

Mayor Pike presented a brief slide presentation on the trip he and other Bellingham citizens took to Cheongu, Korea, Bellingham's fifth Sister City.

Information only.

AB18167 2. WHATCOM COUNTY LAW & JUSTICE PLAN UPDATE

Richard Maneval, Chair, Whatcom County Law & Justice Council presented the Whatcom County Law & Justice Plan update. The Council consists of elected officials and citizens from throughout the county. Mr. Maneval reviewed the history and programs of the Council and a list of the highest priorities [page 11, agenda packet] with the new main jail and technology being the number one priorities recommended in the 2008 plan. Cost of building a new main jail and sheriff's office is estimated to be between $56 million and $150 million dollars.

They work with a variety of organizations including Home Port Learning Center, Domestic Violence and Sexual Assault Services, Whatcom Dispute Resolution Center, Whatcom County Mental Health Program and Department of Corrections.

He discussed the jail's current condition and overcrowding. For the week of September 21, 2008 the main jail facility averaged 276 offenders per day. The main jail was built to hold 148 offenders. Electronic home monitoring detention had an average of 38 offenders a day and the Jail Work Center, in the Irongate area, held an average of 146 offenders per day (there are 150 beds in that facility). Because of funding issues, one of the avenues being considered is the Whatcom County Re-entry Coalition to address the needs of individuals coming out of prisons and jails into a structured environment to get them back into the work place and to encourage them to become productive citizens.

He encouraged everyone to work together to address the problems and to adopt the Block Watch Philosophy: light it up, lock it up, look and listen and install block watch signs (available at the police station and installed by Public Works).

Council Member Bornemann noted that one recommendation (for new jail capacity) was for 600 beds and the Sheriff has recommended a 1,000 bed facility. He asked what a 1,000 bed facility would cost.

Mr. Maneval said initial estimates for a facility to be completed by 2015 would be $130 million but that is expected to increase.

Mayor Pike added that the jail sighting committee is down to two locations, both of which in his opinion, are extremely problematic. Both sites are inside the current Urban Growth Area which may not be annexed for about 15 years. Additionally, the jail plans would requiring using 60 to 100 acres of industrial land. He has a number of concerns about the direction the County is currently going and he wants to make sure that before they get there, the city has a chance to weigh in and think about other alternatives.

Council members had additional questions and concerns and it was the consensus of the council to direct staff to set up a worksession with staff.

AB18168 3. INFORMATIONAL UPDATE ON PENDING PHASE 1, FEDERAL BUILDING RENOVATION AND THE 20-YEAR HISTORICAL PROTECTION PLAN

David Strauss, SHKS Architects, reviewed the 20 year preservation plan for the Federal Building, a national historic site that was built in 1910 by James Knox Taylor and gave a brief history of the building. His firm has been called in to restore and recover the dignity of the building. A three phase renovation plan has been developed for doing the necessary work. Overall renovation would include: improve seismic life safety, replace elevator, replace mechanical system, replace electrical system, replace communications, restore public lobby from Magnolia, restore skylight in courtyard, preserve courtroom, exterior stone, windows and doors and upgrade restrooms. The first phase priorities are:

Seismic Life Safety: roof to wall anchorages, cornice anchorage and veneer anchorage over exits
ADA hardware,
Elevator and stairs
Plumbing
Boilers
Retrofit lighting
Sprinkler system, open stairs

Phase 1 budget is estimated at about $1.84 million with a bid of $1.49 million. Estimates for Phase 2 and Phase 3 are $8.03 million and $8.54 million, respectively.

The long term plan is to maintain the Bellingham Federal Building for office space and to retain use of the courtroom but, by and large, to retain this significant public symbol.

Council Member Knutson noted that the city had received a grant for the first phase of work. Dick McKinley, Public Works Director confirmed that there is a $2.61 million grant that will fund the first phase of the project.
Information only.

PUBLIC HEARING(S)

AB18169 1. CONSIDERATION OF A COMPREHENSIVE PLAN AMENDMENT TO ADOPT THE NORTH BELLINGHAM TRAIL PLAN

Leslie Bryson, Design Development Manager reviewed the process to date that has developed the North Bellingham Trail Plan which included a grant, a great deal of support from the community, developing a vision statement, goals and objectives for creating a trail system for North Bellingham that would be similar to the rest of Bellingham and would connect neighborhoods, schools and employment centers. This would provide an expanded trail plan for the 2008 Park, Recreation and Open Space Chapter of the Comprehensive Plan.

Council Member Bjornson asked if there would be a connection to the Bay to Baker Trail.

Ms. Bryson confirmed and said the county picks up the trail and continues it out through the other communities. She added that this is envisioned as being a very long range plan and no cost estimates have been done. Some of these trails could be part of development agreements, some funding may come through Greenways III and also through other sources.

Upon inquiry from Council President Barbara Ryan asking if the parks level of service would be affected, Ms. Bryson said that adopting this amendment to the current plan would not change the level of service, however, the new plan has proposed new level of service numbers.

Council President Barbara Ryan asked if bike paths had been incorporated.

Ms. Bryson replied that the goal of the trail plan and supported by the Steering Committee, is that most trails should be multi-use. She added that there was a member of the Bicycle/Pedestrian Committee and Kim Brown, who handles Transportation Options for the city are on the Steering Committee.

Council President Ryan opened the public hearing.

Gary Malick, 3854 Fort Bellingham Road described a dangerous situation in his neighborhood. He said currently, there is not a safe way for pedestrians or bicyclists to cross the railroad tracks on Marine Drive near the Fort Bellingham neighborhood. When the city moves out into his area he requested a safe crossing at the dead ends of Old Marine Drive similar to what the city and the railroad put in at the railroad crossing at Boulevard Park.

Julie Guy, 4559 El Dorado encouraged adoption of the trail plan and working with developers so these plans can be negotiated and can come to reality.

Glen Merrill, 1244 Raymond Street Member, Greenways Committee urged adoption of the North Bellingham Trail Plan.

Ted Mischiacov, 909 Harris Avenue spoke in support of the trail plan.

Cindy Anderson, 347 Van Wyck recommended that a sky bridge be built across the Guide Meridian to connect the Guide Meridian and Cordata neighborhoods and to make a statement that says 'we are unique, we are contributing to the overall economy betterment and circulation of the great town of Bellingham'.

Richard Maneval 2127 West Birch Street supports a bridge over the Guide Meridian and urged adoption of the trail plan.

There being no further comments, the public hearing was closed.

BJORNSON / KNUTSON moved to direct staff to prepare an ordinance as part the year-end Comprehensive Plan amendments. MOTION CARRIED 7-0.

REPORTS OF COMMITTEES

COUNCIL STANDING COMMITTEE MEETINGS:

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

AB18170 1. GREENWAY ADVISORY COMMITTEE PRESENTATION ON GREENWAY III LEVY STRATEGIC PLANNING

Council Member Bjornson reported that the draft plan was presented during committee. The finalized plan will be presented at a later date. Information only.

COMMITTEE OF THE WHOLE
MEMBERS: BARBARA RYAN, CHAIR

AB18171 1. STAFF UPDATE ON MID-YEAR ACCOMPLISHMENTS IN SUPPORT OF THE COUNCIL'S 2008 STRATEGIC GOALS

Council President Barbara Ryan reported that the council's goals include maintaining the current level of city services, to protect and improve the quality of Lake Whatcom Reservoir and to continue to develop a vibrant downtown. The complete list of the council's goals are listed in the agenda packet, pages 82-102. Information only.

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

None submitted at evening meeting.

3. OLD/NEW BUSINESS

Council Member Knutson noted a cell tower meeting in the Columbia Neighborhood, October 16, 2008 at 6:30 p.m.

EXECUTIVE SESSION – Report only.

1. POTENTIAL LITIGATION: Staff provided an update on a potential litigation matter. Council provided direction. No action taken.

2. LABOR NEGOTIATION: Staff provided an update regarding negotiations with IAFF Local 106S.

SNAPP / BUCHANAN moved to approve entering into a new Collective Bargaining Agreement with IAFF Local 106S upon the following terms and conditions:

Wages:
Effective Date Rate
January 2007 3%
July 2007 1.25%

January 3%
July 2008 1.25%

January 2009 3%
July 2009 1%

Benefits premium Cost Sharing:
· The premium will increase $5 for each dependent tier for the remainder of 2008.
· Effective January 1, 2009, the new premium sharing will be 10% of the cost of the medical premiums for dependent coverage.

Medical Expense Reimbursement Plan (MERP):
$75 per month paid into a trust for medical expenses at retirement not covered under any other benefit plan.

Deferred Compensation:
· Increase to 4% effective 11/1/08
· Increase to 4.75% effective 1/1/09

MOTION CARRIED 7-0.

3. POTENTIAL PROPERTY ACQUISITION: Staff provided an update on a potential acquisition of real property. Council provided direction. No action taken.

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.

AB18172 1. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM SEPTEMBER 12, 2008 TO SEPTEMBER 19, 2008.

AB18173 2. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM SEPTEMBER 1, 2008 TO SEPTEMBER 15, 2008.

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

FINAL CONSIDERATION OF ORDINANCES

AB18149 1. CB 13469
AN ORDINANCE RELATING TO THE 2008 BUDGET APPROPRIATING AN ADDITIONAL $810,000.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE CLAIMS AND LITIGATION FUND TO BE USED FOR UNANTICIPATED COSTS IN THE LEGAL DEPARTMENT

WEISS / 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 #2008-10-091

AB18157 2. CB 13470
AN ORDINANCE RELATING TO THE 2008 BUDGET RECOGNIZING RECEIPT OF TWO WASHINGTON TRAFFIC SAFETY COMMISSION GRANTS IN THE GENERAL FUND IN THE AMOUNTS OF $2,303.50 AND $600.00 APPROPRIATING EXPENDITURES OF THESE FUNDS

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 #2008-10-092

AB18158 3. CB 13471
AN ORDINANCE TO CLOSE DEBT SERVICE FUND 232, PW STATE LOAN – ROEDER AVENUE (1986)

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, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2008-10-093

AB18159 4. CB 13472
AN ORDINANCE TO CREATE FUND 965, TO CLOSE FUND 165, AND TO MOVE THE FINANCIAL ACTIVITIES, ACCOUNTING RECORDS, AND ASSETS OF THE BELLINGHAM-WHATCOM PUBLIC FACILITIES DISTRICT INTO FUND 965

WEISS / 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 #2008-10-094

AB18160 5. CB 13473
AN ORDINANCE TO CLOSE FUND 614, FIREFIGHTERS LONG TERM CARE, AND TO MOVE THE FINANCIAL ACTIVITIES, ACCOUNTING RECORDS, AND ASSETS OF THIS FUND INTO FUND 612, FIREFIGHTERS PENSIONS

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 #2008-10-095

AB18161 6. CB 13474
AN ORDINANCE TO CLOSE FUND 615, POLICE OFFICERS LONG TERM CARE, AND TO MOVE THE FINANCIAL ACTIVITIES, ACCOUNTING RECORDS, AND ASSETS OF THIS FUND INTO FUND 613, POLICE OFFICERS PENSIONS

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 #2008-10-096

ADJOURNMENT

There being no further business, the meeting adjourned at 8:53 p.m. Barbara Ryan, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 10/20/2008

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.