Council Minutes for April 27, 2009 City of Bellingham, WA

RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON

COUNCIL CHAMBERS, CITY HALL
Monday, April 27, 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 Flag Salute/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)

On May 4th there will be a Public Hearing regarding text amendments to both the Lake Whatcom reservoir regulatory chapter - known as the Silver Beach Ordinance, and to the Stormwater Management Chapter. These changes were initiated by the City Council in conjunction with the adoption and extension of an interim emergency moratorium ordinance for properties within the city of Bellingham's portion of the Lake Whatcom Reservoir watershed.

APPROVAL OF MINUTES

KNUTSON / B. RYAN moved approval of the April 13, 2009 Regular Council Meeting as submitted. MOTION CARRIED 7-0.

15 - MINUTE PUBLIC COMMENT PERIOD

Rick Chartrand congratulated Council on its decision to move forward on the Waterfront and agreed it needs an anchor. He disagreed with the Mayor that the library should be moved to the waterfront. He showed a drawing he submitted to the Library Board for expanding the Library on the current site.

Johnny Grames spoke regarding the need for public access to public television so that citizens can hear the voices of other citizens on important issues of local concern.

John Servais expressed his concern that the Waterfront Framework Plan was rushed to approval without public input. It is not a legal document and the City is not bound by it. The Port and the City trashed the public's viewpoints and met behind closed doors circumventing the public process with individual private briefings.

George Dyson stated that he has reviewed numerous historical documents dating back to 1992 related to the citizen's vision for the waterfront. In all of them Central Avenue was identified as what should be the first step of development of the waterfront. The Waterfront Framework Plan adopted by Council disregards the citizen's mandate.

Frances Badgett thanked Council Members Jack Weiss and Barbara Ryan for their dissent on the adoption of the Waterfront Framework Plan. The funding threats recounted by the Mayor were fiction. Capping industrial waste is dangerous. A marina is not needed when luxury yachts are being abandoned all over the country due to the economic downturn. Council needs to go through all the public comment and the correct plan will be obvious.

Chris Elder spoke regarding an outline for a large communal garden scheme and of grants available for garden development. They are looking at areas around the city for large and small scale gardens. He described community educational opportunities that could be undertaken with his project.

REPORTS OF COMMITTEES

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

AB18403 1. ANNUAL REPORT FROM BELLINGHAM TOURISM COMMISSION

Information only

AB18404 2. REVIEW OF AMENDMENT #19 TO THE 1997 INTERLOCAL AGREEMENT WITH WHATCOM COUNTY CONCERNING ANNEXATION AND DEVELOPMENT WITHIN THE CITY OF BELLINGHAM UGA. THE AMENDMENT RELATES TO THE PROPOSED QUEEN MOUNTAIN ANNEXATION

BORNEMANN / KNUTSON moved to authorize the Mayor to sign Interlocal Agreement Amendment #19. MOTION CARRIED 7-0.

AB18405 3. DISCUSSION OF A PROPOSED ORDINANCE TO CREATE A 500 FOOT ZONE AROUND SCHOOLS WHERE STORES SELLING FIREARMS WOULD BE PROHIBITED

Direction to staff provided during committee. No action taken.

LAKE WHATCOM RESERVOIR COMMITTEE
MEMBERS: STAN SNAPP, CHAIR; BARBARA RYAN; GENE KNUTSON

AB18406 1. AN ORDINANCE RELATING TO THE WATERSHED ADVISORY BOARD (WAB), AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 2.90 TO INCREASE THE NUMBER OF MEMBERS ON THE WAB AND TO BROADEN THEIR DUTIES

KNUTSON / BARBARA RYAN moved to amend the language to provide for Council to approve appointments and removals made by the Mayor; and deleting from 2.0.040 A(5) "and of creating potential for future recreational opportunities that minimize adverse impact on water quality."; and clarifying that LWWSD is formerly Water District 10. MOTION CARRIED 7-0.

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

AB18407 CB 13518
1. AN ORDINANCE APPROPRIATING GRANT FUNDS RECEIVED FROM AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FOR 2009 ENHANCED PEDESTRIAN CROSSINGS, ES-419

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

AB18408 CB13519
2. AN ORDINANCE APPROPRIATING GRANT FUNDS FOR JAMES STREET BRIDGE REPLACEMENT, ES-318

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

AB18409 3. A MEMO OF UNDERSTANDING AUTHORIZING PARTICIPATION IN THE WHATCOM WATER ALLIANCE

BORNEMANN / KNUTSON moved approval of the MOU with direction to staff that any changes to Exhibit 1 be brought before Council for approval. MOTION CARRIED 6-1. BARBARA RYAN opposed

TRANSPORTATION
MEMBERS: JACK WEISS, CHAIR; BARBARA RYAN; STAN SNAPP

AB18410 1. PRESENTATION OF THE 2009 TRANSPORTATION REPORT ON ANNUAL CONCURRENCY (TRAC)

Information only.

COMMITTEE OF THE WHOLE
MEMBERS: BARRY BUCHANAN, CHAIR

AB18411 1. LIBRARY UPDATE AND SURVEY RESULTS

Information only.

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

None submitted at evening meeting

3. OLD/NEW BUSINESS

Council Member Bornemann invited everyone to attend the Worker's Memorial Day Ceremony at 12:00 PM at the Worker's Memorial behind the Central Library on April 28th. This annual ceremony on the anniversary of the passage of OSHA legislation honors workers who have been killed on the job in Washington State in the last year.

Council Member Weiss expressed concern that the documents related to the Waterfront Framework Plan appear to have been approved at the special meeting when it was only the first 1½ pages and the map. The minutes do not reflect precisely which documents were adopted and which were just for illustration/information. This could cause confusion later.

WEISS / BARBARA RYAN moved to attach to the minutes only the pages which were adopted. MOTION CARRIED 7 - 0.

EXECUTIVE SESSION REPORT

1. LITIGATION - Appeal of Hearing Examiner decision re North Shore Estates. Staff provided information. No action was taken.

2. POTENTIAL LITIGATION: Staff provided information. City Council provided direction. No action was taken.

3. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. City Council provided direction. No action was taken.

MAYOR'S REPORT

AB18412 1. MAYOR'S APPOINTMENT OF LESLIE LANGDON AS THE CENTRAL BUSINESS DISTRICT REPRESENTATIVE TO THE MAYOR'S NEIGHBORHOOD ADVISORY COMMISSION

Information only

CONSENT AGENDA

AB18389 Resolution #2009-12
1. A RESOLUTION TO ADOPT A CITY IDENTITY THEFT PREVENTION PROGRAM RELATING TO CITY UTILITY ACCOUNTS AS REQUIRED BY FEDERAL LAW

AB18413 CB 13520
2. ORDINANCE TO AMEND THE 2009 BUDGET DUE TO RECLASSIFICATION OF AN ACCOUNTING ASSISTANT 2 POSITION IN THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT TO THE ACCOUNTING TECHNICIAN CLASSIFICATION

AB18414 3. BID REJECTION FOR FIR STREET LIFT STATION STAND-BY DIESEL ENGINE GENERATOR SET

AB18415 4. BID REJECTION FOR THE 48TH STREET LIFT STATION STAND-BY DIESEL ENGINE GENERATOR SET

AB18416 5. BID REJECTION FOR THE STAND-BY DIESEL ENGINE GENERATOR SET FOR THE WILLOW AND EDGEMOOR LIFT STATIONS

AB18417 6. BID AWARD FOR WOBURN STREET PUMP STATION UNDERGROUND STORAGE TANK REMOVAL PROJECT

AB18418 7. BID AWARD FOR WAREHOUSE SHEET METAL ROOFING RETROFIT

AB18419 8. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM APRIL 3, 2009 TO APRIL 10, 2009.

AB18420 9. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM APRIL 10, 2009 TO APRIL 17, 2009.

AB18421 10. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM MARCH 16, 2009 TO MARCH 31, 2009.

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

FINAL CONSIDERATION OF ORDINANCES

AB18374 1. CB 13509
AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BMC 13.70.010 MULTIMODAL TRANSPORTATION CONCURRENCY AUTHORITY AND PURPOSE AND THE CONCURRENCY SERVICE AREA MAP DUE TO THE ANNEXATION OF 652 ACRES OF THE BELLINGHAM URBAN GROWTH AREA

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-04-016

AB18376 2. CB 13510
AN ORDINANCE RELATING TO THE 2009 BUDGET INCREASING REVENUES AND EXPENDITURES BY $69,704 IN THE FIRST QUARTER REET FUND FOR UNANTICIPATED GIFT / PLEDGE MONEY RECEIVED FROM THE CAMPAIGN FOR THE ARTS FUND OF THE WHATCOM COMMUNITY FOUNDATION

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-04-017

AB18377 3. CB 13511
AN ORDINANCE RELATING TO THE 2009 BUDGET INCREASING REVENUES BY $241,137 IN THE BELLINGHAM WHATCOM PUBLIC FACILITIES DISTRICT FUND FOR UNANTICIPATED GIFT AND GRANT MONEY, APPROPRIATING AN ADDITIONAL $1,592,194 IN CAPITAL EXPENDITURES IN THE BELLINGHAM WHATCOM PUBLIC FACILITIES FUND, THE SOURCE OF FUNDS OVER THE GIFT AND GRANT REVENUE WILL BE $1,351,057 FROM ENDING UNDESIGNATED RESERVES

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-04-018

AB18384 4. CB 13512
AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 19.08 AT SECTION 19.08.080

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-04-019

AB18385 5. CB 13513
AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 19.04 AT SECTION 19.04.130

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-04-020

AB18386 6. CB 13514
AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 19.06 AT SECTION 19.06.030

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-04-021

AB18393 7. CB 13515
AN ORDINANCE RELATING TO THE 2009 BUDGET REALLOCATING $4,600.00 IN EXPENDITURES IN THE MEDIC ONE FUND, AND GENERAL FUND, TO PROVIDE FOR A POSITION RECLASSIFICATION IN THE FIRE DEPARTMENT EMERGENCY MEDICAL SERVICES GROUP

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-04-022

AB18394 8. CB 13516
AN ORDINANCE RELATING TO THE 2009 BUDGET RECOGNIZING RECEIPT OF A GRANT AWARDED TO THE BELLINGHAM POLICE DEPARTMENT AND APPROPRIATING RELATED EXPENDITURES IN THE GENERAL FUND TOTALING $30,000.00

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-04-023

AB18395 9. CB 13517
AN ORDINANCE RELATING TO THE 2009 BUDGET RECEIVING A GRANT IN THE AMOUNT OF $245,000.00 FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND APPROPRIATING AN ADDITIONAL $245,000.00 FOR RELATED EXPENDITURES IN THE GENERAL FUND TO BE USED FOR THE DEVELOPMENT OF AN INNOVATION ZONE IN THE WATERFRONT DISTRICT.

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-04-024

ADJOURNMENT

There being no further business, the meeting adjourned at 8:21 PM. Barry Buchanan, Council President

ATTEST: J. Lynne Walker, Legislative Assistant
APPROVED: 05/18/2009

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.