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You are here: Home) Government) Council) Meeting Materials) Agendas & Minutes ) September 29, 2008

RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, September 29, 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)

· October 1st, @ 7:00 pm, in City Council Chambers, there will be a worksession regarding annexations.

· October 6th, @ 7:00 pm, in City Council Chambers, there will be a Public Hearing regarding the North Bellingham Trail Plan.

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


APPROVAL OF MINUTES

KNUTSON / BUCHANAN moved approval of the September 8, 2008 and September 15, 2008 minutes of the regular Council Meetings as submitted. MOTION CARRIED 7-0.


15 - MINUTE PUBLIC COMMENT PERIOD

Johnny Grames, 1506 East Maplewood Avenue opposes the Comcast rate increase and expressed his views with regard to not allowing the public on BTV10.

Rick Chartrand, 3510 Cody addressed the Growth Management Act as it relates to infill. He said there needs to be a broad based public involvement, community partnership, meaningful interaction and stakeholder consensus.

David Christensen, Architect has been involved with waterfront planning for twelve years. He is disturbed that there is conflict in the plans of the Port and City. He believes we can have the best of both and would like an opportunity to present his ideas for compromise in the near future.

John Blethen, 1123 Railroad Avenue supports a compromise plan [waterfront]as discussed by David Christensen and requested time to do a presentation of that plan. He also requested a public process so that the community can inject their ideas of the plan. He urged the council to start thinking about what they would like to see on the waterfront and create a master list that could be presented to the development community.

Adam Ward addressed local economic security and the importance of neighborhood character and being able to maintain ones home and make ones mortgage payments. He supports the tool kit and the Urban Village idea because with diversification of homes that will help protect people by providing affordable housing. Additionally, he asked the council and mayor to call Representative Rick Larsen and urge him to vote no on the Palosi/Bush bailout.

Paul Schissler, Executive Director Kulshan Community Land Trust. Mr. Schissler is eager to continue to work with the City of Bellingham on affordable housing. He also announced that KCLT was runner up of the fourth annual Awards of Excellence for Affordable Housing Built Responsibly for Matthei Place.


PRESENTATION(S)

AB18145 1. MAYOR'S PROCLAMATION REGARDING HUNGER AWARENESS MONTH

Mayor Pike read a proclamation, proclaiming the month of September to be Hunger Awareness Month. Information only.

AB18146 2. MAYOR'S PRESENTATION OF WATERFRONT CONNECTIONS PLAN

Mayor Dan Pike and Sati Mookherjee, Project Manager made an extensive presentation with regard to the current status of the Waterfront Connections Plan, progress to date and next steps, which include:

· Best ideas among alternatives combined by the City, Port and community to create a Joint Master Plan.
· Joint Master Plan submitted for legislative and regulatory review in early 2009.

Community conversations are scheduled for:
· Dan Burden Placemaking presentation: October 14, 28 & 29, 2008 at City Hall; 7:00 p.m.
· City advisory committee discussions: October 28 & 29, 2008 at Depot Market Square; 7:00 p.m.
· Public open houses: November 13 & 17, 2008 at Depot Market Square; 7:00 p.m.

Information only.

BREAK
Council President Barbara Ryan called the meeting back to order at 8:13 p.m.

AB18147 3. 2009 PROJECTED REVENUES AND RESERVES

John Carter, Finance Director and Brian Henshaw, Budget Manager presented the Revenue Forecast for 2009. Using detailed graphs and trending they discussed revenues in the major revenue sources: Sales Tax, Business & Occupation (B&O) Tax, Real Estate Excise Tax (REET), Utility Tax and Property Tax.

Mr. Henshaw noted impacts that have affected revenues:

Sales Tax: changed to Destination Sales Tax on July 1, 2008. Goods and services are now taxed on where delivered, not where a company is located. The State will be providing mitigation payments on December 31, 2008.
B&O Tax: in the process of changing to destination tax; will not be mitigated by the State. Two companies in Bellingham have had a change in ownership and are no longer required to pay B&O Tax: Madrona Medical Center was purchased by a religious nonprofit. Olympic Health was providing service for Sterling Health, which was considered revenue to them but they are now owned by Sterling Health. The service is no longer recorded as revenue subject to B&O Tax and is now considered an internal service within the company.
Real Estate Excise Tax (REET): Significant decrease in real estate projects.
Utility Tax: Increases based on rates rather than number of new services. Recent court decision with regard to brokered natural gas for large industrial users may decrease revenues.
Property tax: remains fairly consistent

Mr. Carter reviewed financial reserves; what is legally required and the city's internal policy established in 1996. He said reserves are significant across the city; reserves have been used to create financial discipline and the reserve policy needs to be updated and formally reviewed.

The 3rd Quarter financial report will be presented on October 20, 2008 along with a public hearing on the financial forecast for revenues. Additionally there will be a public hearing on the preliminary budget with consideration by the council on December 8 and December 15, 2008.

Information only.


PUBLIC HEARING(S)

AB18148 Resolution #2008-33
1. A PUBLIC HEARING TO CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT BETWEEN PARBERRY AND THE CITY OF BELLINGHAM

Tara Sundin, Special Projects Manager reviewed the property holdings and the proposed agreement. Commitments by the Parberry family and the City of Bellingham include:

Parberry:
Relocation of nonconforming uses within 5 year term
Property dedication for plazas (old train depot and historical court house)

City:
Street improvements
Plaza development
Water/sewer maintenance
Vesting

Council President Ryan opened the public hearing.

Brad Parberry, said that at first these changes did not seem feasible but they have outgrown the area and are keen on relocating. He thanked city staff for working with his family on the agreement.

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

WEISS / BUCHANAN moved final approval of Resolution #2008-33. MOTION CARRIED 7-0.


REPORTS OF COMMITTEES

COUNCIL STANDING COMMITTEE MEETINGS:

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

AB18149 CB 13469
1. 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

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


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

AB18150 1. POLICY DISCUSSION RELATED TO PRIVATE SEWER LATERALS SHARED BY MULTIPLE PROPERTIES

Council Member Buchanan reported that council provided direction to staff to develop a policy statement with regard to private laterals, for council review.


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

AB18151 1. REVIEW OF AMENDMENT #15 TO THE 1997 INTERLOCAL AGREEMENT WITH WHATCOM COUNTY CONCERNING ANNEXATION AND DEVELOPMENT WITHIN THE CITY OF BELLINGHAM UGA. THE AMENDMENT RELATES TO THE PACIFIC HIGHWAY / ALDRICH ROAD ANNEXATION

BORNEMANN / KNUTSON moved to authorize the Mayor to execute an amendment to the Interlocal Agreement.

Council Member Weiss noted that he will not vote for any annexation proposals until after the worksession scheduled for October 1, 2008.

MOTION CARRIED 5-2, Weiss, Snapp opposed.

AB18152 2. COUNTYWIDE HOUSING AFFORDABILITY TASKFORCE (CHAT) RECOMMENDATION REPORT

Member Bornemann summarized the report given during committee. Recommendations from the committee include:

· create housing action plan organization
· create a housing trust fund
· strive to reduce land and building costs
· provide incentives for affordable housing
· retain older housing stock
· retain and replace mobile and manufactured homes

BORNEMANN / SNAPP moved to direct staff to set up a worksession to address the recommendations of the task force; and make appointments for a second Countywide Housing Affordability Taskforce.

Council Member Weiss noted that an additional recommendation from the task force was to look at different mechanisms (tool kit) such as the infill work that the city planning department is currently doing. The tool kit is an integral part of affordable housing with infill as one of the city's basic tools and strategies.

Council Member Bjornson recommended looking at what other cities have done with a shared housing program and which, may be of help to senior citizens.

MOTION CARRIED 7-0.

AB18153 Resolution #2008-34
3. CONSIDERATION OF A REQUEST TO INITIATE THE REVIEW PROCESS FOR A POTENTIAL ANNEXATION OF APPROXIMATELY 38 ACRES LOCATED IN BELLINGHAM'S NORTHERN URBAN GROWTH AREA (UGA), REFERRED TO AS THE QUEEN MOUNTAIN ANNEXATION.

BORNEMANN / KNUTSON moved final approval of Resolution #2008-34.

Council Member Weiss understands that this is economic development in its' best sense but reiterated that he will not vote for any annexation proposals until after the worksession scheduled for October 1, 2008.

Council President Barbara Ryan will also not support the resolution until after the scheduled worksession when she feels she will have a much better handle on the annexation proposals being brought forward.

MOTION CARRIED 5-2, BARBARA RYAN, WEISS opposed.


AB18154 Resolution #2008-35
4. CONSIDERATION OF A REQUEST TO INITIATE THE REVIEW PROCESS FOR A POTENTIAL ANNEXATION OF APPROXIMATELY 237 ACRES LOCATED IN BELLINGHAM'S NORTHERN URBAN GROWTH AREA (UGA), REFERRED TO AS THE VAN WYCK / JAMES STREET ROAD ANNEXATION

BORNEMANN / BUCHANAN moved final approval of Resolution #2008-35. MOTION CARRIED 5-2, BARBARA RYAN, WEISS opposed.


COMMITTEE OF THE WHOLE
MEMBERS: BARBARA RYAN, CHAIR

AB18155 1. TECHNOLOGY PROJECT UPDATE

Council President Barbara Ryan briefly summarized the report given during committee. She noted that the Telephone Systems Replacement Project is nearly complete and the Human Resources Payroll/Timekeeping system is in progress, however it will require significantly more effort before it is complete.

Information only.

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

None submitted at evening meeting.

3. OLD/NEW BUSINESS

Council President Barbara Ryan reported that Whatcom County has appointed a Growth Management Coordinating Council. Mayor Pike and Council President Barbara Ryan will serve on that council. The goal of this committee is to respond to a lawsuit demanding that they do more in community outreach to fulfill the obligations under the Growth Management Act of their last Comprehensive Plan Update and to move ahead quickly on the next Comprehensive Plan.

Council Member Weiss announced that the Bellingham Public Development Authority had its' inaugural meeting and is up and running.

Council Member Weiss commended Frank Ordway, Parking Commission Chairman for his work with the community when incorrect information was provided to citizens using parking services. Mr. Ordway personally talked with over forty citizens to clarify the situation.

EXECUTIVE SESSION – Report only.

1. POTENTIAL LITIGATION: Staff provided information as to a potential litigation matter. The Council provided direction to staff. No action was taken.

2. POTENTIAL LITIGATION: Staff provided information as to a potential litigation matter. The Council provided direction to staff. No action was taken.

3. POTENTIAL LITIGATION: Staff provided information as to a potential litigation matter. The Council provided direction to staff. No action was taken

4. POTENTIAL PROPERTY ACQUISITION: Discussion about ongoing property negotiations concerning potential purchase of portions of Fairhaven Highlands.

BORNEMANN / KNUTSON moved to direct staff to delay coming forward with other southside properties for consideration until these negotiations are completed.
BORNEMANN / KNUTSON withdrew the motion

It was the consensus of the Council to communicate with Park Staff and the Greenways Advisory Committee with regard to a report at the next regular council meeting.

5. LITIGATION: City appeal re: Sewer Service Extension to North Shore Estates: Staff provided an update to Council on this litigation matter. Direction was provided to staff. No action was taken.

6. LITIGATION: Skagit County v. DNR: Staff provided an update on this litigation matter. Information only. No action was taken.

7. PERSONNEL MATTER: Discussion about a personnel matter. No action was taken.

8. LABOR RELATIONS UPDATE: Discussion about labor relations. No action was 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.

AB18156 1. BID AWARD FOR HVAC UNIT REPLACEMENT AT BELLINGHAM POLICE DEPARTMENT

AB18157 CB 13470
2. AN ORDINANCE RELATING TO THE 2008 BUDGET RECOGNIZING RECEIPT OF TWO WASHINGTON TRAFFIC SAFETY COMMISSION GRANTS IN THE GENERAL FIND IN THE AMOUNTS OF $2303.50 AND $600.00 APPROPRIATING EXPENDITURES OF THESE FUNDS

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

AB18159 CB 13472
4. 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

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

AB18161 CB 13474
6. 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.

AB18162 7. AUTHORIZATION OF CHECKS ISSUED FOR ACCOUNTS PAYABLE CHECKS ISSUED 8/29/08 THROUGH 9/5/08

AB18163 8. AUTHORIZATION OF CHECKS ISSUED FOR ACCOUNTS PAYABLE CHECKS ISSUED 9/5/08 THROUGH 9/12/08

AB18164 9. AUTHORIZATION OF CHECKS ISSUED FOR PAYROLL PERIOD OF 8/16/08 THROUGH 8/31/08

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

FINAL CONSIDERATION OF ORDINANCES

AB18142 1. CB 13468
AN ORDINANCE RELATING TO THE 2008 BUDGET RECOGNIZING RECEIPT OF A U.S. DEPARTMENT OF HOMELAND SECURITY EMERGENCY MANAGEMENT PERFORMANCE GRANT IN THE AMOUNT OF $122,568.00 IN THE GENERAL FUND AND APPROPRIATING EXPENDITURES OF THESE FUNDS BY THE FIRE DEPARTMENT'S EMERGENCY MANAGEMENT DIVISION

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 #2008-09-090



ADJOURNMENT

There being no further business, the meeting adjourned at 9:52 p.m. Barbara Ryan, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 11/03/2008



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.

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