RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON

COUNCIL CHAMBERS, CITY HALL
Monday, November 24, 2008, 07:00 PM
Book: 62, Page: 1

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)

Happy Thanksgiving. We feel truly blessed to be a part of this community.

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

APPROVAL OF MINUTES

KNUTSON / BORNEMANN moved approval of the November 3, 2008 minutes of the regular Council Meeting as submitted. MOTION CARRIED 6-0-1, BUCHANAN abstained due to his absence at that meeting.

KNUTSON / BORNEMANN moved approval of the November 10, 2008 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.


15 - MINUTE PUBLIC COMMENT PERIOD

Reverend Priser addressed the homeless and low income situation and proposed building a one-stop conglomeration of buildings with everything that the homeless need to get off the street and out of the weather. A place to create jobs, provide education and drug rehabilitation. He requested a meeting with the city where he could discuss this further.

Bruce Deile was denied a motel room because he didn’t have a credit card. He feels this is an unethical business practice and that there is a need for regulation. He suggested the city consider a law in this regard.

Paul DeArmond, 1344 Humboldt Street shared his personal experience of trying to get a mechanical permit with the city. He said it was a nightmare and submitted a chronology of events to the council. Additionally, he requested relief and submitted a list along with his reasoning on each.

Therese Kelliher, member of the Bicycle and Pedestrian Committee feels that the Transportation Commission will be good but said that stakeholder groups have not been part of the collaborative process in developing the plan.

John McLaughlin commended staff for starting the process of including all modes in the transportation planning and evaluation of concurrency. He then shared concerns about the proposed amendments to the Transportation Concurrency ordinance (BMC 13.70). If people are to travel by foot or bicycle those modes must be supported along the entire route. Many would-be pedestrians and cyclists are deterred by roads and intersections throughout Bellingham that make walking or cycling dangerous. To improve conditions for alternative modes the city has two approaches it could use: 1) Apply the existing transportation concurrency requirement to reject development that would generate increases in traffic. This ordinance would create a loophole around that requirement and disguise that loophole by eliminating reference to peak Level of Service F. 2) Invest real resources on infrastructure to support pedestrians and cyclists. He urged council to reject the ordinance and to insist on a citywide network of safe pedestrian and bicycle routes before those modes can be counted towards concurrency.

Ric Wilson spoke in support of the Mt. Baker/Dewey Valley annexation.

Dave Porter, 3584 Skylark Loop spoke in support of the Mt. Baker/Dewey Valley annexation.

Jeff Hinds feels that while the Parks Department has purchased a great deal of property, they are not maintaining the parks that the city now has. He related several instances of broken equipment, overgrown trails and closed bathrooms and feels that the maintenance will be further neglected with the current budget concerns. The budget needs to be refocused from buying and building to maintenance and safety in the parks along with adding the personnel to maintain the great parks system that the city has.

Doug Bestle, 3105 Crestline Drive shared the current condition of the Highland Heights Park on Alabama Hill. The equipment is original and old and this is a well used park. The slide was broken and has been removed; the swings are starting to be a maintenance issue. He said the neighborhood association is interested in working with the city to improve the quality of the playground equipment at the park by co-funding the project and working together on Highland Heights Park.

Matt Paskus, 1151 Old Marine Drive feels that the city and county should say 'no' to large jet air aircraft and 'yes' to rail to the new Everett airport, which would become a new and sustainable employment corridor offering an array of new opportunities for people. He feels this would promote sound economics and a sound environment.

Johnny Grames, 1506 East Maplewood Avenue shared his opinions with regard to community based policing and the Comcast franchise.

Steve LeCocq, 1275 East Bakerview Road spoke in support of the Mt. Baker/Dewey Valley annexation.

PUBLIC HEARING(S)

AB18224 1. A PUBLIC HEARING ON PORT OF BELLINGHAM’S REQUEST FOR WATER AND SEWER SERVICE FOR THE FORMER INTERNATIONAL TRADE BUILDING (3888 SOUND WAY) AT BELLINGHAM INTERNATIONAL AIRPORT TO BE USED FOR THE 2010 OLYMPICS COMMAND CENTER

Council President Ryan opened the public hearing.
There were no comments from the public and the public hearing was closed.

KNUTSON / BUCHANAN moved to authorize the Mayor to execute an agreement with the Port of Bellingham for the extension of water and sewer service to 3888 Sound Way with the annexation condition waived and no precedential value [Option 3, November 24, 2008 memo to City Council from Peter Ruffatto, Assistant City Attorney.] MOTION FAILED 2-5, BJORNSON, BORNEMANN, SNAPP, WEISS, RYAN opposed

WEISS / BJORNSON moved to authorize the Mayor to execute an agreement with the Port of Bellingham for the extension of water and sewer service to 3888 Sound Way with a no protest annexation condition contingent on the outcome of litigation. [Option 2, November 24, 2008 memo to City Council from Peter Ruffatto, Assistant City Attorney.] MOTION CARRIED 7-0.

AB18225 CB 13484
2. A PUBLIC HEARING TO RECONSIDER BMC 20.27, ORDINANCE ESTABLISHING A DEMONSTRATION PROGRAM FOR INNOVATIVE PERMANENTLY AFFORDABLE HOME OWNERSHIP PROJECTS

Marilyn Vogel, Senior Planner noted that staff recommends extending the program for two years.

Council Member Weiss asked about Park Impact Fees, which have been added since the ordinance was approved.

Ms. Vogel said that all impact fees are waived for affordable housing and the city would have to reimburse the impact fee fund for the amount waived.

Tim Stewart, Director Planning & Community Development clarified that this process would allow the applicant to request a waiver. If the waiver is granted then the funds must be replaced from another source.

Council President Ryan opened the public hearing.

Paul Schissler, Executive Director, Kulshan Community Land Trust (KCLT) expressed support of the staff recommendation to extend this ordinance.

Council Member Bjornson asked if KCLT has been tracking the permanently affordable houses sold to ensure that if a house is sold, it is sold under the affordable housing conditions.

Mr. Schissler said that since July 2002, 81 homes have been added to the Trust. Additionally, he noted, that by not making the ordinance permanent, it allows the city to make adjustments, if necessary, as time goes on.

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

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

AB18201 3. A PUBLIC HEARING ON THE 2009 PRELIMINARY BUDGET PRIOR TO FINAL CONSIDERATION BY THE CITY COUNCIL

Council President Ryan opened the public hearing.

Doug Bestle, 3105 Crestline Drive addressed the Parks section of the budget. He is concerned that funds from the Parks Department might be pulled back as part of attrition and he hopes that small projects like the Highlands Park might go forward.

Rick Chartrand, 3510 Cody Avenue suggested that the council submit a balanced budget on or before December 31st. He said the increase in expenditure over revenue is over 10% and that depleting the reserve by 23% (in total) is unacceptable.

Wendy Harris said that cleaning up Lake Whatcom is not an option - it's a mandate. She hopes the council will ensure that Lake Whatcom is given the priority it deserves in the budget.

Sue Brown agreed that Lake Whatcom is a priority and would like to see a plan of what it's going to cost to get the lake back where it needs to be.

Bill McCourt said he hopes the county will come on board with their share towards management of the watershed. He believes it is up to the city to set the tone and leadership and to continue to allocate funds and move forward with restoring the lake. Additionally, he suggested a pilot stormwater infiltration study and suggested funding a modest program of 15 homes in the watershed to reduce impervious or semi-pervious surfaces creating bio swales, roof gardens, habitat enhancement pools, and roof drainage and filtration systems.

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

Council and staff had a lengthy discussion to clarify several items in the proposed budget.

Information only.


REPORTS OF COMMITTEES

COUNCIL STANDING COMMITTEES

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

AB18201 1. REVIEW RECOMMENDED CHANGES TO THE 2009 PRELIMINARY BUDGET

During committee, Council provided direction to staff with regard to changes in the proposed budget.

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

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

AB18226 CB 13486
3. A BUDGET ORDINANCE APPROPRIATING A GIFT FROM THE CAMPAIGN FOR THE ARTS FUND OF THE WHATCOM COMMUNITY FOUNDATION FOR THE BAY/HOLLY INTERSECTION IMPROVEMENT PROJECT, ES-373

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

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

AB18224 1. A COMMITTEE BRIEFING REGARDING PORT OF BELLINGHAM’S REQUEST FOR WATER AND SEWER SERVICE FOR THE FORMER INTERNATIONAL TRADE BUILDING (3888 SOUND WAY) AT BELLINGHAM INTERNATIONAL AIRPORT TO BE USED FOR THE 2010 OLYMPICS COMMAND CENTER

See action under AB 18224 in Public Hearing section.

AB18227 2. CONSERVATION EASEMENT FOR LAKE WHATCOM ACQUISITION PROPERTIES – AGATE BAY PRESERVE

BUCHANAN / BORNEMANN moved to authorize the Mayor to execute the Agate Bay Preserve Conservation Easement with Whatcom Land Trust. MOTION CARRIED 7-0.

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

AB17857 CB 13487
1. CONSIDERATION OF AN ORDINANCE ADOPTING ZONING AMENDMENTS TO THE LETTERED STREETS NEIGHBORHOOD PLAN AND AMENDING THE LAND USE AND DEVELOPMENT CODE (TITLE 20)

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

AB18211 CB 13488
2. AN ORDINANCE APPROVING A NEIGHBORHOOD PLAN AMENDMENT AND REZONE FOR APPROXIMATELY 2.6 ACRES IN AREA 4 OF THE SAMISH NEIGHBORHOOD

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

AB18195 CB 13489
3. AN ORDINANCE AMENDING THE TRANSPORTATION ELEMENT OF THE BELLINGHAM COMPREHENSIVE PLAN AND BELLINGHAM MUNICIPAL CODE (BMC) 13.70 TRANSPORTATION CONCURRENCY MANAGEMENT ORDINANCE

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

AB18176 CB 13490
4. AN ORDINANCE AMENDING THE BELLINGHAM COMPREHENSIVE PLAN, ADOPTING A NEW PARKS CHAPTER AND AMENDING THE CAPITAL FACILITIES CHAPTER

SNAPP / BUCHANAN moved approval for first and second reading. MOTION CARRIED 5-2, RYAN, BORNEMANN opposed.

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

AB18228 1. WATERFRONT REDEVELOPMENT UPDATE

Council Member Weiss reported on the update given during committee. Information only.

TRANSPORTATION
MEMBERS: JACK WEISS, CHAIR; STAN SNAPP; TERRY BORNEMANN

AB18229 1. DISCUSSION REGARDING DEVELOPMENT OF A TRANSPORTATION COMMISSION

Council Member Weiss reported on the discussion from committee. Information only.

COMMITTEE OF THE WHOLE
MEMBERS: BARBARA RYAN, CHAIR

AB18230 Resolution #2008-40
1. RESOLUTION SETTING 2009 CITY COUNCIL MEETING SCHEDULE

KNUTSON / SNAPP moved final approval of Resolution #2008-40. MOTION CARRIED 7-0.

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

None submitted at evening meeting.

3. OLD/NEW BUSINESS

None presented.

EXECUTIVE SESSION – Report only.

1. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential acquisition of real property. Council gave direction. No action was taken.

2. POTENTIAL PROPERTY ACQUISITION: Staff provided updated information on the potential acquisition of an approximately 37 acre parcel of real property located in the Lake Whatcom Watershed.

WEISS / BORNEMANN moved to authorize closing on the purchase of said property at a purchase price of $225,000. MOTION CARRIED 7-0.

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

4. LITIGATION: Caitac and Robert Wiesen v. Western Washington Growth Management Hearings Board (WWGMHB); Petree v. WWGMHB (Snohomish County Superior Court): Staff provided an update on these two appeals of the WWGMHB’s decision in Petree, et al v. Whatcom County, et al., WWGMHB #08-2-0021c.

BUCHANAN / BORNEMANN moved to authorize the city to seek intervener status in both appeals. 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.

AB18231 1. BID AWARD FOR WTP BACKWASH PUMPS INSTALLATION, BID #132B-2008

AB18232 2. BID AWARD FOR DAKIN #1 RESERVOIR SEALING AND LINING PROJECT, BID #133B-2008

AB18233 3. BID AWARD FOR SIGNAL IMPROVEMENTS, ET-17, BID #140B-2008

AB18234 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM OCTOBER 31, 2008 TO NOVEMBER 7, 2008.

AB18235 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM NOVEMBER 7, 2008 TO NOVEMBER 14, 2008.

AB18236 6. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM OCTOBER 16, 2008 TO OCTOBER 31, 2008.

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


FINAL CONSIDERATION OF ORDINANCES

AB18218 1. CB 13480
AN ORDINANCE RELATING TO THE 2009 BUDGET AND SETTING THE AD VALOREM AND FOREST EXCISE TAX LEVIES FOR 2009 AND ALSO SETTING FORTH THE PERCENTAGE AND DOLLAR RATE OF INCREASE FOR THE REGULAR PROPERTY TAX LEVY FOR 2009

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, SNAPP
NAYS: BARBARA RYAN, WEISS
ABSTENTIONS:

MOTION CARRIED 5-2 and was thereafter named Ordinance #2008-11-102

AB18220 2. CB 13481
AN ORDINANCE RELATING TO THE 2008 BUDGET APPROPRIATING AN ADDITIONAL $4,000.00 IN THE GENERAL FUND FROM UNANTICIPATED WASHINGTON STATE TRAFFIC SAFETY COMMISSION GRANT REVENUE TO BE USED FOR POLICE DEPARTMENT OVERTIME NEEDED TO PARTICIPATE IN NIGHT TIME SEAT BELT ENFORCEMENT MOBILIZATION.

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2008-11-103

AB18221 3. CB 13482
AN ORDINANCE RELATING TO THE 2008 BUDGET APPROPRIATING AN ADDITIONAL $5,000.00 IN THE GENERAL FUND, FROM UNANTICIPATED MONEY HELD IN TRUST BY THE MUSEUM SOCIETY, TO BE USED FOR THE REMODELING OF A DISPLAY CASE IN THE MUSEUM

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 #2008-11-104

AB8222 4. CB 13483
AN ORDINANCE RELATING TO THE 2008 BUDGET AND APPROPRIATING AN ADDITIONAL $26,953.00 IN THE CRIMINAL JUSTICE FUND FROM UNANTICIPATED BUREAU OF JUSTICE GRANT REVENUE AND ENDING DESIGNATED RESERVES, TO BE USED FOR THE PURCHASE OF POLICE DEPARTMENT BODY ARMOR

BJORNSON / 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 #2008-11-105.


ADJOURNMENT

There being no further business, the meeting adjourned at 10:13 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.