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You are here: Home) Government) Council) Meeting Materials) March 15, 2010

CITY COUNCIL AGENDA FOLLOW UP: March 15, 2010

CALL TO ORDER
ANNOUNCEMENTS & UPCOMING MEETINGS:
    On April 12, at 7:00 PM in City Council Chambers, there will be a Public Hearing regarding possible exceptions to the 90,000 s.f. size limits for retail establishments, also known as the “Big Box” ordinance.

Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
PLEDGE OF ALLEGIANCE
Led by Alan Marriner.
ROLL CALL
All present.
APPROVAL OF MINUTES

Under February 22, 2010 Old & New business the following motion has been corrected as shows:
      “LILLIQUIST / SNAPP moved to direct Planning staff to include some work on the docketed Fairhaven Neighborhood Plan in the 2010 calendar year
      FLEETWOOD offered a friendly amendment to “urge staff to give emphasis and consideration to working on this project”
      LILLIQUIST accepted the friendly amendment. MOTION CARRIED 7-0”

BB / SS moved approval of the February 22, 2010 minutes of the regular Council Meeting as corrected. MOTION CARRIED

APPROVED AS CORRECTED
15-MINUTE PUBLIC COMMENT PERIOD

EXECUTIVE SESSION - Report only.
1. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Direction was given to staff. No action taken.NO ACTION
2. POTENTIAL LITIGATION: Staff provided information on a potential litigation matter. Information only. No action taken.NO ACTION
3. LITIGATION: EBENAL V. CITY OF BELLINGHAM: Staff provided an update on the status of this Lightcatcher construction claim case. Mediation occurred on March 12, 2010 and the parties reached a potential settlement subject to Public Facilities District and City Council approval. Without either side admitting fault, the substantive terms of the settlement are as follows:
    The contractor’s claims of $1.3 million be resolved for $286,000;
    The City pay $174,000 from the remaining contract amount for a total settlement amount of $460,000;
    Additionally, the City agreed to pay Ebenal $35,000 to completely close out the contract on Forest Street Water main Replacement Project.

The PFD Board recommended that City Council approve the settlement with two conditions: (1) that Ebenal also waive any claims against the PFD; and (2) that Ebenal hold the City and PFD harmless from any subcontractor claims that may be filed against the City and/or PFD.

BB / SS moved that the City Council approve the settlement subject to the same two conditions as outlined by the PFD Board. MOTION CARRIED 7-0.
APPROVED
4. POTENTIAL LITIGATION: Staff provided information on a potential litigation matter. Direction was given to staff. No action taken.
NO ACTION
COUNCIL STANDING COMMITTEE MEETINGS:
FINANCE & PERSONNEL
MEMBERS: CHAIR, STAN SNAPP; BARRY BUCHANAN; MICHAEL LILLIQUIST
AB18784 1. REVIEW OF 2009 FISCAL YEAR END FINANCIAL REPORT
Information only.
INFO ONLY
AB18785 2. INTRODUCTION OF COMPREHENSIVE FINANCIAL MANAGEMENT GUIDELINES
Information only. Council Member Snapp announced that there would be a special worksession on March 29, 2010 at 10:30 a.m. to allow a detailed review of the Guidelines.
INFO ONLY; SPECIAL WORKSESSION 3/29; 10:30 a.m.
AB18786 CB 13602
3. AN ORDINANCE TO ADJUST ESTIMATED 2010 BUDGETED BEGINNING RESERVE BALANCES BY $42,834,672.18 TO EQUAL ACTUAL BEGINNING RESERVE BALANCES

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.”
SS / ML moved approval for first and second reading. MOTION CARRIED 7-0.

CB 13602
APPROVED
AB18787 CB 13603
4. AN ORDINANCE TO AUTHORIZE $14,447,432.48 IN REAPPROPRIATIONS FOR GOODS AND SERVICES ORDERED IN 2009, BUT UNPAID AT YEAR-END CLOSING

“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.”
SS / ML moved approval for first and second reading. MOTION CARRIED 7-0.

CB 13603
APPROVED
AB18788 CB 13604
5. AN ORDINANCE TO AUTHORIZE $45,045,924.26 OF REAPPROPRIATIONS FOR GOODS AND SERVICES BUDGETED IN 2009 BUT UNENCUMBERED AT YEAR END

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.”
SS / BB moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13604
APPROVED
AB18789 CB 13605
6. AN ORDINANCE AMENDING THE 2010 BUDGET APPROPRIATING AN ADDITIONAL $64,998 FROM GENERAL FUND ESTIMATED ENDING UNDESIGNATED RESERVES TO REINSTATE A POSITION IN THE BELLINGHAM POLICE DEPARTMENT

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.”
SS / ML moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13605
APPROVED
PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: CHAIR, TERRY BORNEMANN; SETH FLEETWOOD; MICHAEL LILLIQUIST; JACK WEISS
AB18790 CB 13606
1. AN ORDINANCE AMENDING BMC 2.42 REGARDING APPOINTMENTS TO THE BELLINGHAM PLANNING COMMISSION

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.”
TB / JW moved approval for first and second reading. MOTION CARRIED 7-0.

CB 13606
APPROVED
PARKS AND RECREATION
MEMBERS: CHAIR, SETH FLEETWOOD; TERRY BORNEMANN; STAN SNAPP
AB18791 1. BID AWARD, WILLOW SPRING AND SQUALICUM CREEK PARK, PROJECT #EN-26; BID #104B-2009
SF / SS moved to award Bid No. 104B-2009 for the Willow Spring at Squalicum Creek Park Salmon Enhancement Project to Strider Construction of Bellingham, Washington 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 $254,758.00, which includes WSST. MOTION CARRIED 7-0.
APPROVED
TRANSPORTATION
MEMBERS: CHAIR, JACK WEISS; STAN SNAPP; MICHAEL LILLIQUIST
AB18792 1. PRESENTATION ON PAVEMENT AND UTILITY REPLACEMENT PRIORITIZATION PROCESS
Information only.
INFO ONLY
PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: CHAIR, BARRY BUCHANAN; STAN SNAPP; JACK WEISS
AB18765 1. DISCUSSION REGARDING EXPANSION AT THE POST POINT WASTEWATER TREATMENT FACILITY
BB / SS moved to direct staff to proceed with Alternative 1B (Expand Core process to the South) as the preferred method of expansion. MOTION CARRIED 7-0.
DIRECTION TO STAFF
COMMITTEE OF THE WHOLE
CHAIR, GENE KNUTSON
AB18793 Resolution #2010-10
1. RESOLUTION TO INVITE THE BUSINESS ALLIANCE FOR LOCAL LIVING ECONOMIES (BALLE) TO HOLD THEIR JUNE 2011 NATIONAL CONFERENCE IN THE CITY OF BELLINGHAM

A RESOLUTION TO INVITE BALLE (THE BUSINESS ALLIANCE FOR LOCAL LIVING ECONOMIES) TO THE CITY OF BELLINGHAM TO HOLD THEIR JUNE 2011 NATIONAL CONFERENCE.”
TB / SS moved final approval of Resolution #2010-10. MOTION CARRIED 7-0.
Res. 2010-10
APPROVED
AB18587 2. A WORKSESSION TO CONSIDER EXCEPTIONS TO THE 90,000 SQUARE FOOT SIZE LIMIT FOR RETAIL ESTABLISHMENTS.
Marilyn Vogel, Senior Planner presented a draft ordinance incorporating council recommendations made during committee.
JW / SS moved to modify the draft ordinance presented by staff: SubSection 2.on page 3 be modified to say “The proposal satisfies the following environmental mitigation measures”: Remove “a” and “b.(3). Item (1) becomes “a.” and item (2) becomes “b.”. MOTION FAILED 5-2, BB, ML, GK, TB, SF opposed
SF / ML moved to reconsider the motion. MOTION CARRIED 5-2, BB, TB opposed.
Council Member Weiss restated his original motion. MOTION CARRIED 5-2, BB, TB opposed.
ORDINANCE MODIFIED; MOTION CARRIED
          3. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
None submitted at evening meeting.
          4. OLD/NEW BUSINESS
None presented.
EXECUTIVE SESSION - Report moved to follow Public Comment.
MAYOR’S REPORT
          1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. None presented.
AB18794 Resolution #2010-11
2. **GOOGLE FIBER FOR COMMUNITIES RESOLUTION

A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON TO SUBMIT A RESPONSE TO GOOGLE’S FIBER FOR COMMUNITIES REQUEST FOR INFORMATION.”
SS / ML moved final approval of Resolution #2010-11. MOTION CARRIED 7-0.
Res. 2010-11
APPROVED
AB18795 3. MAYOR’S APPOINTMENTS OF KAREN CALLERY, TERESA VANHAALEN AND CAMI OSTMAN, AND REAPPOINTMENTS OF BARBARA SANCHEZ, TERRY CARTEN AND PATRICK BUCKLEY TO THE BELLINGHAM SISTER CITIES ASSOCIATION BOARD
Information only.
INFO ONLY
AB18796 4. MAYOR’S APPOINTMENTS OF ALEX MCLEAN AND CHARLES MATTHEWS TO THE GREENWAY ADVISORY COMMITTEE
JW / SF moved to approve the Mayor’s appointment of Alex McLean for a partial term expiring May 31, 2011 and Charles Matthews to a partial term expiring July 31, 2010 to the Greenway Advisory Committee. MOTION CARRIED 7-0.
APPROVED
AB18797 5. MAYOR’S APPOINTMENTS OF ALFRED ARKLEY TO THE LAKE WHATCOM WATERSHED ADVISORY BOARD
SS / JW moved to approve the Mayor’s appointment of Alfred Arkley to the Lake Whatcom Watershed Advisory Board, term expiring on February 24, 2013. MOTION CARRIED 7-0.
APPROVED
AB18798 6. MAYOR’S APPOINTMENTS OF RAMIRO ESPINOZA AND DEE ROBINSON, AND REAPPOINTMENT OF ROBERT SIMPSON TO THE WHATCOM MUSEUM FOUNDATION BOARD
SS / TB moved to approve the Mayor’s appointment of Ramiro Espinoza to a partial term expiring on March 1, 2011 and reappointment of Dee Robinson, term expiring on March 1, 2013 to the Whatcom Museum Foundation Board. MOTION CARRIED 7-0.
APPROVED
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.
AB18799 CB 13607
1. AN ORDINANCE RELATING TO THE 2010 BUDGET AUTHORIZING ADDITIONAL REVENUES AND EXPENDITURES FOR B&O TAX AUDITS

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.”
CB 13607
(Consent Agenda)
AB18800 2. BID AWARD FOR LIQUID CHLORINE, BID #7B-2010(Consent Agenda)
AB18801 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM FEBRUARY 12, 2010 to FEBRUARY 19, 2010.(Consent Agenda)
AB18802 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM FEBRUARY 19, 2010 TO FEBRUARY 26, 2010.(Consent Agenda)
AB18803 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM FEBRUARY 26, 2010 TO MARCH 5, 2010.(Consent Agenda)
AB18804 6. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM FEBRUARY 1, 2010 TO FEBRUARY 15, 2010.(Consent Agenda)
AB18805 7. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM FEBRUARY 16, 2010 TO FEBRUARY 28, 2010.

SS / ML moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0.
CONSENT AGENDA APPROVED IT ITS ENTIRETY
FINAL CONSIDERATION OF ORDINANCES
AB18776 1. CB 13601
AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO BELLINGHAM MUNICIPAL CODE (BMC) TITLE 20 LAND USE DEVELOPMENT ORDINANCE, REZONING PROPERTY AT 1906 WILSON AVENUE, IN AREA 5 OF THE HAPPY VALLEY NEIGHBORHOOD ZONING TABLE AND MAP (BMC 20.00.090), AND APPROVING THE ASSOCIATED DEVELOPMENT AGREEMENT

JW / TB 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 #2010-03-016
Ord. 2010-03-016
APPROVED
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:22 p.m.


Disclaimer: This document is provided as a courtesy follow up of the City Council meeting. This document is not to be considered the minutes from the meeting rather a report of the action taken by Council. All information contained herein is subject to change upon further review of the tapes of proceedings and composure of the minutes from the meeting. Your comments and suggestions are welcome.
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