Council Minutes for February 09, 2009 City of Bellingham, WA

RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON

COUNCIL CHAMBERS, CITY HALL
Monday, February 09, 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:

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)

· Council Members Barry Buchanan and Louise Bjornson will attend the Association of Washington Cities Legislative Action Conference in Olympia February 17 & 18.

· There will be a Joint Councils-Lake Whatcom Water and Sewer District Commissioners meeting on February 26, in City Council Chambers @ 7:00 p.m.
· Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.

APPROVAL OF MINUTES

BARBARA RYAN / KNUTSON moved to amend the motions of Agenda Bill 18275 of the January 12, 2009 minutes, that were previously adopted on January 26, 2009 by adding “Barbara Ryan / Terry Bornemann moved to table the south side section of the Strategic Plan until after the council has reviewed the Environmental Impact Statement for the Fairhaven Highlands Project. MOTION CARRIED 7-0.

BARBARA RYAN / KNUTSON moved approval of the January 26, 2009 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.

PRESENTATION(S)

AB18303 1. RECOGNITION OF DOUG STARCHER'S SERVICE AND CONTRIBUTIONS TO THE BELLINGHAM PLANNING COMMISSION

Mayor Pike presented a Certificate of Appreciation to Doug Starcher for his service and contributions to the Bellingham Planning Commission. Information only.

AB18304 2. PRESENTATION OF EMPLOYEE RECOGNITION AWARDS

Information only.

FIRE
30 Years	25 Years	20 Years
Neil Carlberg	Bradley J. Bannerman	Joseph C. Bertels
Kreig R. McBride	William Boyd	Brian Flannelly
	Michael Reid Hurlbut	Robert L. Gray
	Marty Kink	Chuck Henkel
		Anita Parks
		Mark Tarabochia

HUMAN RESOURCES
20 Years
Robin Williams


ITSD
30 Years
Pat Lord


J&SS
30 Years	20 Years
Michael P. Hatzel	Lydia Robbins


LIBRARY
30 Years	25 Years	20 Years
Cynthia Geri	Donna Grasdock	Sally Burmester
		Iris Kaneshige

PARKS & RECREATION
30 Years	20 Years
Greg Hatch	Wayne Carroll
Richard Henrie	William Eickhoff
	Steve Nordeen
	Carleen Strasser
	Mary Vonk

PLANNING
20 Years
Stephen Johnson


POLICE
35 Years	30 Years	25 Years	20 Years
Steven Felmley	Kathy Balmat	Richard Franklin	Jana Bouzek
	Glenn Hutchings	Michael Johnston	Carol Calonita
	Allan Jensen	Carr Lanham	Tim Ferguson
		Melissa Locke	Lewis Leake
		Edward Miller	Donna Miller
			Jason Monson
			Laura Ridenhour
			Scott Snider
			Mark Stokes
			Mark Young


PUBLIC WORKS
35 Years	30 Years	25 Years	20 Years
Randolph E. Osborn	Robert Daily	Steven Brown	Terry J. Fahlstrom
	David Evans	Kent Butenschoen
		William C. Dorn
		Ricky D. MacWilliams

BREAK
Council President Buchanan called the meeting back to order at 7:42 p.m.

15 MINUTE PUBLIC COMMENT PERIOD

Laurel Cook, 821 Queen Street spoke with regard to recent comments on the Greenways III Levy. She re-emphasized that the language of the Greenway III Levy and the campaign literature in support of that levy made no reference to a commitment of some members of council to designate all $8 million to one set of properties on the south side. Ms. Cook said that Councilwoman Joan Beardsley visited the Greenway Advisory Meeting in July, months after the Levy had passed, and indicated that there had been a promise made by some members of council to some members of our community. Within days of that July Greenways meeting Councilwoman Beardsley sent the following statement rescinding her comments and requested specifically that her statement be included in the minutes of the August [Greenways] meeting. Ms. Beardsley said, “What I said makes it sound as if some members of this council had made a commitment outside of the public process to support the purchase of Chuckanut Ridge. This is absolutely untrue – nothing of this sort took place or would take place. This is too professional and caring a group of council members to permit such a breach of public confidence. So many people worked hard to pass this levy and I'm very sorry that my comments caused confusion and made people doubt the honor of our commitment to public process.”

Ms. Cook reminded council that expenditure of all funds on one piece of property means that no other purchase can be made in the south part of town for ten years. Completion of the Samish Crest Corridor, which would connect Lake Padden, Whatcom Falls Park and the bay would be just one casualty of this kind of spending. Such restrictions make it impossible for council to take advantage of properties, which may become available during these unpredictable economic times. She said Chuckanut Ridge is a magnificent piece of property but if any public funds are used to buy it, or any portion of it, then it should be done for that reason and not because of a promise made outside the public process. She asked that the acquisition criteria be used, which council approved, to purchase this or any recommended property.

Council Member Bornemann said there was never a statement made outside the public process; it was here on the council that the statements and commitments were made.

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

Bruce Deile (homeless) feels that motels should not require credit cards and took issue with comments made by the director of the Lighthouse Gospel Mission at a recent meeting.

PRESENTATION(S) - Continued

AB18305 3. PRESENTATION BY MIKE KULCHESKI REGARDING THE NEXT LEVEL FOOTBALL LEAGUE IN BELLINGHAM

Mike Kulcheski, General Manager, Blitz Northwest, LLC; Karl Hanson, Senior Representative of Next Level Football League (NLFL) and co-owner Tom Abbot introduced the Bellingham Blitz, a new professional football team that will be located in Bellingham with games at Civic Field. Currently, there are eight teams throughout the northwest from Klamath Falls, Oregon to Langley, BC. In partnership with Comcast SportsNet, the NLFL games will be televised live throughout the Northwest. Mr. Hanson asked that the City Council, Mayor and the City get behind this team and encourage community support.

Information only.

REPORTS OF COMMITTEES

COUNCIL STANDING COMMITTEE MEETINGS:

WATERFRONT DEVELOPMENT COMMITTEE
MEMBERS: JACK WEISS, CHAIR; BARBARA RYAN; TERRY BORNEMANN

AB18306 1. PRESENTATION OF GEORGIA PACIFIC DUE DILIGENCE EXISTING BUILDING ASSESSMENT, DATED SEPTEMBER 2004

Council Member Weiss summarized the report made by Michael Sullivan, RMC Architects, during committee and noted specifically that:

· the brick buildings that are still on the site were built of steel first, then the brick façade was added providing a good seismic construction base;
· the brick is of a special size and texture from one foundry, is made of high density clay and has a high degree of historical significance;
· some buildings on the site are considered eligible for national historic register status. If a building hasn't gone through the listing process then it doesn't qualify for a number of the incentives to be able to do adaptive reuse to the buildings.
· Buildings were originally placed in areas that were in the same grid pattern as the rest of the downtown area; and
· the site has great adaptive reuse potential.
Information only.

AB18307 2. ASSESSMENT OF ELIGIBILITY OF THE FORMER GEORGIA PACIFIC MILL COMPLEX AND GRANARY BUILDING FOR LISTING IN THE BELLINGHAM LOCAL HISTORIC REGISTER

Council Member Weiss highlighted the report by the Historic Preservation Commission. The assessment creates a situation where the public is put on notice of the ability of having the Granary Building considered for the local historic register. This building has a high potential for adaptive reuse. Some of the attributes include that the building is made of concrete, which came from a local manufacturing plant; has an interesting art deco style and was an egg cooperative for the (then) large poultry industry in Whatcom County. The Commission believes this building can provide a potential for heritage tourism.

Council Member Ryan noted that rehabilitating a building can provide an economic benefit for the local economy as more local labor and materials are used. Additionally there are economic advantages for buildings with historic significance and federal tax advantages make rehabilitation more economically viable.

Information only.

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

AB18308 1. STATUS REPORT REGARDING ONGOING CITY/COUNTY PLANNING ACTIVITIES, INCLUDING THE REVIEW OF NEW POPULATION GROWTH FORECASTS.

Council Member Bornemann reported on the presentation made during committee by Planning staff. The county is under an order from the Western Washington Growth Management Hearings Board to complete the required review for adopting a new countywide growth forecast and allocations to all the jurisdictions by June 30, 2009.

The Planning Commission has a hearing scheduled on February 12, 2009 and will adopt recommendations to send to the city council. They will be considering a number of options in their recommendations [agenda packet, pps. 35-36].

City staff is currently recommending that the city go with the Comprehensive Plan figures of 113,055 [agenda packet, p. 36]. Council Member Bornemann said the only way staff would support adopting a forecast higher than the current 113,055 is with a binding commitment from the County to take steps to reduce the development potential in the rural and agricultural areas of the county.

Next steps include a Planning Commission meeting, City Council Public Hearing with recommendations to the County, a Joint County Planning Commission/Whatcom County Council meeting and Whatcom County Council determinations.

Council Member Ryan emphasized that in order to have reasonable time to get information back to cities and have time for the public process and Planning Commission hearings, there needs to be more time for the whole process.

Mayor Pike explained that both the county and all the cities have been doing a lot of hard work to demonstrate a good faith effort. The cities have endorsed asking the Growth Management Hearing Board for a delay and all of the Mayors plan to send letters, independently, in support of a six month extension.

Information only.

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

AB18309 CB 13498
1. BUDGET AMENDMENT TO ALLOW FOR EMERGENCY REPAIRS TO THE ACCESS ROAD AND DIVERSION DAM ON THE MIDDLE FORK OF THE NOOKSACK RIVER

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

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

AB18310 1. INITIAL DISCUSSION OF A SCOPE OF WORK FOR A LAKE WHATCOM RESTORATION PLANNING GUIDE

SNAPP / KNUTSON moved to endorse the approach to Lake Whatcom restoration. MOTION CARRIED 7-0

COMMITTEE OF THE WHOLE
MEMBERS: BARRY BUCHANAN, CHAIR

AB18311 1. PRESENTATION BY LIZ JENNINGS – WHATCOM COALITION FOR HEALTHY COMMUNITIES – ANNUAL REPORT TO COUNCIL ON ORGANIZATION AND ACCOMPLISHMENTS

Council President Buchanan reported on the presentation made during committee. He read the mission and goals of the Coalition and noted that their key program areas are information, collaborative leadership and community engagement.

Information only.

AB18312 2. BIOCHEMICAL OXYGEN DEMAND (BOD) WORKSHOP AND UPDATE

Council President Buchanan reported that the council had assigned the city's Policy Analyst a research project to look at conservation efforts across the United States and their effect on BOD Loading.

BARBARA RYAN / WEISS moved to direct staff to review the Comprehensive Sewer Plan and add both goal and action steps to consider ways of reducing Biochemical Oxygen Demand (BOD) through conservation measures.
WEISS offered a friendly amendment to add Inflow and Infiltration issues.

Geoff Smyth, Public Works Superintendent of Operations and the council entered into a lengthy discussion concerning the draft Sewer Comprehensive Plan, its' contents, proposed changes, comments, concerns, questions and responsibilities:

· Inflow and Infiltration has been have addressed in the new version of the plan that will be brought before council.

· Inflow and Infiltration gets into the wastewater collection system either through direct connections or through seepage in the sewer lines. Inflow and Infiltration does not affect BOD Loading.

WEISS withdrew the friendly amendment as it is being addressed in the plan.

· Mr. Smyth will present the revised Sewer Comprehensive Plan changes in a tracked document which shows the changes made based on comments from council, Department of Ecology and Department of Health. At that time, council can make additional recommendations. As long as the intent of the plan does not change, he does not think it would have to go back to the Department of Ecology for approval.

· Does the design of the plan include both efforts to increase capacity as well as decreased BOD?

· The plan can be adopted and various chapters amended and revisited as technologies change and programs are developed within the community,

· A lot of programs in other cities haven't been proven.

· When the Department of Ecology looks at a plan, they are looking for how well a city can meet its' permit regulations and requirements of the Wastewater Treatment Plant.

· Regulators like to see a proven track record - programs need to be in place and an actual reduction or program improvement seen over a period of time.

· Communities that have tested various programs have data but their data is unique based on their waste stream and behavioral patterns. We can take some of those programs and enact them in our community and then gather data to see how well they are doing in our community.

· This community has had fantastic water conservation efforts and there has been a decrease in our water use per capita, yet the population continues to grow. That is data that the city has taken to the Department of Health for the water system plan. The city is able to show that its conservation measures are working.

· The City does not have a program to educate people on how to dispose of food waste in their waste system or how that would affect BOD loading. Even if everyone participated, with a possible 5-10% reduction, it does not address the growth issues of the community and how the treatment plant is on the verge of being out of capacity.

· This plan does not look at all the different alternatives - it's only looking at expanding the size of facility and the infrastructure.

· The draft plan lacks prevention and conservation.

· Support for moving towards a more sustainable model and looking at innovative ways to reduce the waste. The city needs a methodology and technology to see if workable programs can be implemented that are cost effective.

· What is the deadline? There is not a specific date – the deadline is just the capacity of the plant and how soon it begins experiencing loadings that could put the plant out of compliance with its' discharge permit.

· The City of Bellingham does not have any pre-treatment authority. The Department of Ecology holds that authority in the city and issues the permits for the seventeen Serious Industrial Users (SIU's). The City partners with the Department of Ecology during the permit cycle to ensure that the city's interests in those heavy industrial users are met through the permit process.

· The projection of population growth and how the city is accepting those people into this community will increase the BOD loading. The treatment plant cannot support the population growth unless the plant is expanded.

Mr. Smyth said there are two recommendations:

1. Have those drafting the plan add language now, about how the city is going to approach these programs and conservation measures. This would not change the Capital Improvement Program or the analysis.

2. Use the current, revised plan with changes made from the council member's comments and what the Department of Ecology has approved; then consider a resolution directing staff with regard to adding language for programs, milestones, possible amendments and adopting language. This would keep the process going for the facilities plan and is critical to getting the expansion done.

The revised plan includes a financial piece (Chapter 12), Inflow and Infiltration and the Urban Growth Area pieces and has been amended to be more consistent with what the council had passed during the comprehensive planning process.

MOTION CARRIED 6-1, KNUTSON opposed.

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

None submitted at evening meeting.

4. OLD/NEW BUSINESS

· SNAPP / BJORNSON moved to establish a council liaison to the Downtown Renaissance Network and nominated Council Member Bornemann as the liaison with backup by Council President Buchanan. Council Member Bornemann and Council President Buchanan accepted those nominations. MOTION CARRIED 7-0.

· Council Member Ryan requested a council representative to be on the Marine Resources Committee of the Northwest Straits Commission. Council Member Snapp offered to represent the council on that committee.

· Council President Buchanan noted that AB 18313 (Item 1) had been removed from the Consent Agenda. It will be considered at a later date.

· Council President Buchanan announced that AB 18314 (Item 2) had been pulled from the Consent Agenda for separate consideration.

Item #2 from Consent Agenda
AB18314 2. APPROVAL OF INTERLOCAL AGREEMENT WITH WHATCOM COUNCIL OF GOVERNMENTS FOR THE SERVICES OF A LEGISLATIVE SPECIALIST

BARBARA RYAN / BORNEMANN moved to postpone consideration to the February 23, 2009 regular meeting of the City Council. MOTION CARRIED 7-0.

· Council Member Weiss noted there would be additional discussion and a status report on waterfront issues, which is tentatively scheduled for March 9, 2009.

EXECUTIVE SESSION – Report only:

1. AFSCME 114 Labor Contract Settlement: Staff provided an update regarding negotiations with AFSCME 114.

SNAPP / BARBARA RYAN moved to approve entering into a new Collective Bargaining Agreement with AFSCME 114 with the following terms and conditions:

Wages:
Effective Date Rate
January 2009 2%
July 2009 1%

January 2010 2.5%
July 2010 .5%

January 2011 2.5%
July 2011 .5%

Executive Session, item 2, terms and conditions - continued:
Health & Welfare: Establishes Employer/Employee premium contribution amounts for 2009 – 2011:

· Based upon employees paying 9% of Regence FirstHealth premiums
· Minimum contribution for Group Health enrollees
· Employee premium contributions are the same as E-Team and S&P
· Standardizes Health and Welfare language

6-7 Month Seasonal Positions: Extends scheduled holiday pay and 3-days of Paid Time Off to employees in re-occurring 6-7 month seasonal positions (approximately 12 positions city-wide).

Other Terms: Other minor contract changes, clarifying and corrective language.

MOTION CARRIED 7-0.

2. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential acquisition of real property. No action taken.

3. CLAIM FOR DAMAGES APPEAL: Steven Jewels Claim #2008-41: This claim for damages involves a bicycle accident on the access road into Cornwall Park. Staff provided information on this claim and explained why staff denied the claim. The bicyclist is appealing staff's denial of the claim.

SNAPP / KNUTSON moved to uphold the decision to deny the claim. MOTION CARRIED 7-0

CONSENT AGENDA

AB18313 1. Removed from agenda – will be considered at a later date.

AB18314 2. See action under Old & New Business. Postponed to 2/23/09.

AB18315 3. INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND THE BELLINGHAM HOUSING AUTHORITY REGARDING A DRUG AND CRIME PREVENTION OFFICER (DCPO)

AB18316 CB 13499
4. BUDGET ORDINANCE RELATING TO THE 2009 BUDGET RECLASSIFYING ONE GENERAL FUND POSITION IN THE HUMAN RESOURCES DEPARTMENT WHERE NO ADDITIONAL APPROPRIATION OR REALLOCATION OF FUNDS IS REQUIRED

AB18317 5. FIRE HYDRANTS AND EXTENSION KITS, BID #151B-2008

AB18318 6. THERMAL IMAGING CAMERA, BID #002B-2009

AB18319 7. SODA ASH, BID #003B-2009

AB18320 8. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JANUARY 16, 2009 TO JANUARY 23, 2009.

AB18321 9. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JANUARY 23, 2009 TO JANUARY 30, 2009.

AB18322 10. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM JANUARY 1, 2009 TO JANUARY 15, 2009.

KNUTSON / BARBARA RYAN moved approval of Consent Agenda items 3-10. MOTION CARRIED 7-0.

FINAL CONSIDERATION OF ORDINANCES

No ordinances were presented for final consideration.

ADJOURNMENT

There being no further business, the meeting adjourned at 9:30 p.m. Barry Buchanan, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 02/23/2009

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.