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You are here: Home) Government) Council) Meeting Materials) March 29, 2010


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, March 29, 2010, 07:00 PM
Book: 64, Page: 1


REGULAR MEETING


Called To Order The meeting was called to order by Council President Gene Knutson with the Pledge of Allegiance led by Alex Ramel.

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
    Michael Lilliquist, Council Member, Sixth Ward
    Seth Fleetwood, Council Member, At Large

Excused:

ANNOUNCEMENT(S)

    The Finance Committee meeting previously scheduled for March 29, 10:30 a.m. to review proposed Comprehensive Financial Management Guidelines is postponed to April 13th.
    On April 12, 7:00 p.m. at the Bellingham Municipal Court, there will be Public Hearing regarding exceptions to large retail establishment size restrictions, known as the “Big Box” Ordinance.
    On April 26, 7:00 p.m. in City Council Chambers, there will be a Public Hearing regarding a code amendment to allow permit extensions due to economic hardship.

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


APPROVAL OF MINUTES

BUCHANAN / SNAPP moved approval of the March 15, 2009 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.



15 - MINUTE PUBLIC COMMENT PERIOD

Leonard Lindstrom discussed social issues.

Carr Lanham spoke on behalf of the Bellingham Police Guild who continues to be concerned about the shortage of staff at the Bellingham Police Department.

Tanasije Chobanov, Xenia Street asked that Public Works give his neighborhood something in writing so they can understand where and why they are unable to get street improvements. They feel it is a safety issue and in light of the overcrowding at the jail it does not make sense to call the police if the neighborhood has a problem. He resubmitted his November 18, 2009 letter with regard to this situation.

Johnny Grames hopes that the pros and cons of the WTA Levy can be shown on BTV10.


PRESENTATION(S)

AB18807 1. COMMUNITY ENERGY CHALLENGE UPDATE


Alex Ramel of Sustainable Connections updated the council on the Community Energy Challenge, a project of Sustainable Connections and the Opportunity Council.

He noted their Program Sponsors, Community Partners and Founding Business Partners from throughout the county and said their goal is to make Whatcom County a recognized national leader in energy efficiency.

They have received grants and local funding, and negotiations are in progress to set up their loan program. They are working with local residential and commercial contractors to provide assured work when a citizen or business wants to do an energy efficiency retrofit.

Information only.


PUBLIC HEARING(S)

AB18808 CB 13608
1. MINOR TEXT AND MAP AMENDMENT TO BMC 13.70 MULTIMODAL TRANSPORTATION CONCURRENCY

“AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BMC 13.70 MULTIMODAL TRANSPORTATION CONCURRENCY.”

Chris Comeau, Transportation Planner presented a Power Point presentation in which, he reviewed the process to date and proposed amendments. He noted that no public comment has been received.

He reviewed the issues and proposed changes, which include adding Bicycle-Friendly Trails to the list of BMC 13.70.020 Definitions Specific to Concurrency Management and updating tables and maps.

Council President Knutson opened the public hearing.

No citizens spoke and the public hearing was closed.

The council and staff discussed and clarified items from the proposal and Mr. Comeau explained that the proposed amendments had not been reviewed by the newly formed Transportation Commission.

WEISS / SNAPP moved to postpone proposed amendments and direct staff to have the Transportation Commission review the proposal and make a recommendation at their April 13 meeting.

Several council members expressed concern that this had not been reviewed by the Transportation Commission.

David Webster, Chief Administrative Officer offered, that because the Transportation Commission is newly formed and has not had time to get educated on Transportation Concurrency, that perhaps the council might go ahead with considering the amendments and ensure that the Commission reviews Transportation Concurrency and the amended ordinance as soon as possible and when they would have more time to fully understand the program.

MOTION CARRIED 5-2, KNUTSON, BORNEMANN opposed.


REPORTS OF COMMITTEES

PARKS AND RECREATION
MEMBERS: CHAIR, SETH FLEETWOOD; TERRY BORNEMANN;
STAN SNAPP

AB18809 1. AN AGREED ORDER WITH THE DEPARTMENT OF ECOLOGY AND PUGET SOUND ENERGY TO PERFORM A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY OF THE SOUTH STATE STREET MANUFACTURED GAS PLANT MODEL TOXICS CONTROL ACT SITE

FLEETWOOD / SNAPP moved to authorize the Mayor to execute the Agreed Order with the Department of Ecology and Puget Sound Energy. MOTION CARRIED 7-0.


PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: CHAIR, BARRY BUCHANAN; STAN SNAPP; JACK WEISS

AB18810 Resolution #2010-12
1. A RESOLUTION OF THE CITY OF BELLINGHAM DECLARING THAT AN EMERGENCY EXISTED JUSTIFYING AND EXEMPTION FROM THE FORMAL BID PROCESS

“A RESOLUTION OF THE CITY OF BELLINGHAM DECLARING THAT AN EMERGENCY EXISTED JUSTIFYING AN EXEMPTION FROM THE FORMAL BID PROCESS WITH REGARD TO EMERGENCY REPAIRS DUE TO WIND DAMAGE ON THE R. G. HALEY SITE.”

BUCHANAN / SNAPP moved final approval of Resolution #2010-12. MOTION CARRIED 7-0.


AB18811 2. BID AWARD FOR 2009 OVERLAY – ARRA/STIMULUS FUNDS - BAKERVIEW AND HANNEGAN ROADS (ES-414), BID #3B-2010

BUCHANAN / SNAPP moved to award Bid No. 3B-2010 for 2009 Overlay to Granite Construction of Bellingham, WA as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $1,543,857.00. MOTION CARRIED 7-0.


AB18812 3. INFORMATION REGARDING PHARMACEUTICAL TAKE-BACK PROGRAM

Information only.


AB18813 4. PUBLIC RELEASE OF THE GIS ON-LINE MAPPING APPLICATION: CITY INFORMATION QUERY (CityIQ)

Information only.


AB18814 5. TRANS MOUNTAIN PIPELINE (PUGET SOUND) LLC, FRANCHISE UPDATE

Information only.


COMMITTEE OF THE WHOLE
CHAIR, GENE KNUTSON
          1. OLD/NEW BUSINESS

WEISS / SNAPP moved to direct Mark Gardner as Policy Analyst to research and report to Council policy options regarding:
      1. Adapted reuse standards for new large retail establishments (over 60,000 s.f.).
      2. Green Factor standards for new large retail establishments.
      3. Modifications to the timing of payment of impact fees as a builder incentive.
      4. Modifications to System Development Charges to allow for affordable housing exemptions.

MOTION CARRIED 7-0.


EXECUTIVE SESSION - Report only.
    1. LITIGATION: Crown Point Development, et al. v. City of Bellingham: City staff provided an update on this litigation matter regarding the Orchard Estates Subdivision. Information only. No action taken.

    2. POTENTIAL LITIGATION: Staff provided information to Council. Council provided direction to staff regarding EPA’s proposed removal action alternative (known as Alternative 3) to cleanup Oeser-related contamination at Little Squalicum Park.

SNAPP / BORNEMANN moved to adopt a Resolution of the City of Bellingham in Opposition to Removal Alternatives that Negatively Impact Planned Use of the Little Squalicum Park and Are Not Protective of Human Health and the Environment and in Support of Alternative 2(c).

The resolution goes into detail about why the City is not in favor of EPA’s preferred solution for cleaning up the Oeser-related contamination in Little Squalicum Park. It states two major reasons Alternative 3 is not acceptable.

First EPA’s Alternative 3 makes the Little Squalicum unusable under the City’s Master Plan, by re-routing water sources so that much of the park will be wet, making it almost impossible to establish or maintain park use areas and by putting in place a cap that the City has to maintain indefinitely.

Second, the Alternative 3 is not protective of human health and the environment. The City wants park users to be safe and wants the habitat to be safe for animals.

The resolution ends with a statement of qualified approval for one of the alternatives outlined by EPA (but not chosen by them as the preferred alternative) known as Alternative 2(c). The resolution endorses Alternative 2(c) (with a few modifications to make it more protective of human health and the environment). Alternative 2(c) is a more permanent remedy and doesn’t require the City to spend lots of money maintaining a cap on toxic materials, like EPA’s preferred Alternative 3 does and it works with the Little Squalicum Park Master Plan.

Finally, the resolution discussed that the differential cost analysis done by EPA minimizes the maintenance costs associated with their preferred alternative, making EPA’s preferred alternative look like the least expensive, when in fact it may not be.

MOTION CARRIED 7-0 and was designated as RESOLUTION #2010-14 [AB 18821].

      3. POTENTIAL LITIGATION: Staff provided an update on a potential litigation matter. Information only. No action taken.


      4. LABOR ISSUE: Staff provided information on a labor issue. Information only. No action taken.

MAYOR'S REPORT

          1. Good work by staff with regard to the bid for Google Fiber. David Webster, Chief Administrative Officer encouraged everyone to include a link on their social networking pages. Information only.

AB18815 2. MAYOR’S APPOINTMENT OF KAYLE WALLS TO THE COMMUNITY DEVELOPMENT ADVISORY BOARD

Information only.


AB18816 3. MAYOR’S REAPPOINTMENT OF BYRON ELMENDORF TO THE WATERFRONT ADVISORY GROUP

Information only.



CONSENT AGENDA
All matters listed on the following 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 at the next City Council meeting.

AB18817 CB 13609
1. ORDINANCE TO ACCEPT DEPARTMENT OF ECOLOGY PASS THROUGH GRANT FOR NPDES PHASE II JURISDICTIONS IN THE AMOUNT OF $50,000

“AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A DEPARTMENT OF ECOLOGY GRANT AND APPROPRIATING AN ADDITIONAL $50,000.00 OF EXPENDITURES IN THE SURFACE AND STORMWATER UTILITY FUND.”


AB18818 Resolution #2010-13
2. FINAL PLAT APPROVAL FOR THE PLAT OF EMERALD COTTAGES

A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR THE PLAT OF EMERALD COTTAGES (A.K.A. 1010 TELEGRAPH), CONSISTING OF 15 SINGLE FAMILY LOTS, A PUBLIC TRACT FOR RIGHTS-OF-WAY PURPOSES AND PRIVATE TRACTS FOR PARKING, PEDESTRIAN AND OPEN SPACE PURPOSES, LOCATED IN AREA 9, KING MOUNTAIN NEIGHBORHOOD AT 1010 TELEGRAPH ROAD.”

AB18819 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM MARCH 5, 2010 TO MARCH 12, 2010.

AB18820 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM MARCH 12, 2010 TO MARCH 19, 2010.

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


FINAL CONSIDERATION OF ORDINANCES

AB18786 1. CB 13602
AN ORDINANCE RELATING TO THE 2010 BUDGET RECONCILING THE DIFFERENCES BETWEEN BUDGETED ESTIMATED 2010 BEGINNING RESERVE BALANCES AND ACTUAL 2010 BEGINNING RESERVE BALANCES, AND PLACING THE DIFFERENCES IN THE ENDING RESERVE BALANCES FOR A NET RESERVE INCREASE OF $42,834,672.18

BORNEMANN / 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: BORNEMANN, BUCHANAN, FLEETWOOD, KNUTSON, LILLIQUIST, SNAPP, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2010-03-015


AB18787 2. CB 13603
AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $14,447,432.48 IN ADDITIONAL FUNDS TO PAY FOR GOODS AND SERVICES ORDERED IN 2009 BUT UNPAID AT YEAR END CLOSING, FROM UNANTICIPATED REVENUE AND ESTIMATED ENDING RESERVE BALANCES.

BORNEMANN / 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: BORNEMANN, BUCHANAN, FLEETWOOD, KNUTSON, LILLIQUIST, SNAPP, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2010-03-017


AB18788 3. CB 13604
AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $45,045,924.26 IN ADDITIONAL RESOURCES TO PAY FOR GOODS AND SERVICES THAT WERE AUTHORIZED IN 2009, BUT WERE NOT OBLIGATED BY PURCHASE ORDER OR CONTRACT BY YEAR END, FROM ESTIMATED RESERVES AND UNANTICIPATED REVENUE, AND PLACING $100,000.00 OF REVENUE IN RESERVES.

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: BORNEMANN, BUCHANAN, FLEETWOOD, KNUTSON, LILLIQUIST, SNAPP, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2010-03-018


AB18789 4. CB 13605
AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $64,998.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE GENERAL FUND FOR THE PURPOSE OF ADDING A POLICE SERGEANT POSITION IN THE BELLINGHAM POLICE DEPARTMENT.

BORNEMANN / LILLIQUIST 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: BORNEMANN, BUCHANAN, FLEETWOOD, KNUTSON, LILLIQUIST, SNAPP, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2010-03-019


AB18790 5. CB 13606
AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LAND USE PLANNING AND ADMINISTRATION, AMENDING PORTIONS OF THE BELLINGHAM MUNICIPAL CODE REGARDING THE PLANNING COMMISSION (BMC 2.42)

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: BORNEMANN, BUCHANAN, FLEETWOOD, KNUTSON, LILLIQUIST, SNAPP, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2010-03-020


AB18799 6. CB 13607
AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR UNANTICIPATED REVENUE FROM A BUSINESS AND OCCUPATION/ UTILITY TAX AUDIT AND APPROPRIATING A PORTION OF THE REVENUE TO PAY FOR PROFESSIONAL SERVICES ASSOCIATED WITH THIS WORK.

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: BORNEMANN, BUCHANAN, FLEETWOOD, KNUTSON, LILLIQUIST, SNAPP, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2010-03-021




ADJOURNMENT
There being no further business, the meeting adjourned at 9:04 p.m.


Gene Knutson, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 04/12/2010



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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