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You are here: Home) Government) Council) Meeting Materials) February 08, 2010


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, February 08, 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 Linda Anderson.

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)

    On February 16, @ 6:30 p.m. in City Council Chambers, there will be a worksession regarding planning for Wastewater Treatment Plant expansion.
    On February 22, @ 7:00 p.m. in City Council Chambers, there will be a Public Hearing regarding the docket of proposed Comprehensive Plan Amendments for 2010.
    On February 22, @ 7:00 p.m. in City Council Chambers, there will be a Public Hearing regarding amendments to the large retail establishment size restriction ordinance, also known as the “Big Box” ordinance.

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


APPROVAL OF MINUTES

BUCHANAN / BORNEMANN moved approval of the January 25, 2010 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.


PRESENTATION(S)
Item 2 was presented first)

AB18741 2. MAYOR’S STATE OF THE CITY ADDRESS

Mayor Pike presented his 2009 State of the City address and recognizing what a tumultuous year it was, his focus was on the future of Bellingham. Through proactive fiscal management, the city had a 2009 year-end fund balance higher than initially projected and the city accomplishments were many, including opening the Smithsonian-affiliated Lightcatcher Museum. Although 2010 is expected to not show a great deal of financial recovery, the city is working on a Comprehensive Plan update that is aligned with current Council policy priorities; strategic direction stemming from task force work for long-term financial management of the city’s capital facilities and public safety needs; up to nine exhibits in the new museum; a master plan and development regulations for the waterfront; progress on infrastructure that will be the backbone for waterfront development and more accommodations for electric cars. Information only.


AB18740 1. PRESENTATION OF EMPLOYEE RECOGNITION AWARDS


FINANCE
25 Years20 Years
Shirley BoersemaStuart Rice
FIRE
35 Years30 Years25 Years20 Years
Danny AndersonGraydon BundyCary GustafsonBrian Cain
Charles DederickDonald DavisLora McMurryRoger Christensen
Alan MartinStephen DougeJohn Scurlock
Steven Lamoreaux
David Tveit
HUMAN RESOURCES
25 Years
Mary Ann VanderVeen
JUDICIAL & SUPPORT SERVICES
25 Years
Adelle Korn
LIBRARY
30 Years25 Years
Shari EmleyFay Fenske
Stacy JamesGladys Fullford
Jane LowreyHelen Scholtz
HEARING EXAMINER
25 Years
Dawn Sturwold
MUSEUM
35 Years
Janis Olson
Richard Vanderway
PARKS & RECREATION
30 Years25 Years20 Years
Richard BarnesJames LuceJames Cool
Michael Love
PLANNING
30 Years25 Years20 Years
Marilyn VogelDave CahillGreg Aucutt
Jackie Lynch
Gary Lange
POLICE
35 Years30 Years25 Years20 Years
Tim LintzKaren FlahertyDavid DollLeslie Gitts
Steven MoyerDavid RichardsColin EmmettShan Hanon
Richard SuceeMichael MozelewskiFlorence Simon
Glenn Wong
POLICE/WHAT-COMM
20 Years
Greg Erickson
PUBLIC WORKS
35 Years30 Years25 Years20 Years
Michael JensenBill EvansJann BrulandValerie Davenport
Gary GilfilenJay GreenwoodDavid May
Sue HodgesDouglas Jerns
David ReeckMark Jimmie

Information only.


BREAK
Council President Knutson called the meeting back to order at 8:05 p.m.



PUBLIC HEARING(S)

AB18727 1. A PUBLIC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT ASSOCIATED WITH THE QUASI JUDICIAL REZONE OF THE PROPERTY LOCATED AT 1906 WILSON AVENUE

Public hearing continued from January 25, 2010.
No citizens spoke and the public hearing was closed.

Staff reported that there were non-substantive changes made to the agreement since the public hearing was opened.

FLEETWOOD / LILLIQUIST moved to authorize the Mayor to execute a Development Agreement with the Developer subject to approval of the associated rezone. MOTION CARRIED 7-0


AB18742 Resolution #2010-03
2. RESOLUTION CONCERNING PROPOSITION #1 OF THE APRIL 27, 2010 BALLOT RELATED TO A PROPOSAL INCREASING SALES TAX TO MAINTAIN PUBLIC TRANSIT SERVICE LEVELS

A RESOLUTION ENDORSING A WHATCOM COUNTY BALLOT PROPOSITION 1 TO PROVIDE FUNDING TO MAINTAIN PUBLIC TRANSIT SERVICES AT CURRENT LEVELS.”

Council President Buchanan opened the public hearing.

Brett Bonner, 3025 Ellis Street representing People for Progressive Transportation, spoke against this tax at this time and urged council to take a neutral position to this resolution. He feels it could be revisited again next year.

Abe Jacobson, 2314 Samish Way urged Council to endorse the increase in the sales tax dedicated to the WTA. Reducing services would hurt the long term investment in building up routes and ridership.

Isabel VanDerslice, 1001 Larabee supports Whatcom County Ballot Proposition 1 Transit Levy.

Carol Jacobson, 2314 Samish Way supports Whatcom County Ballot Proposition 1 Transit Levy.

Alex Ramel, 2308 Woburn Street supports Whatcom County Ballot Proposition 1 Transit Levy.

Kendra Lyndon, 809 Liberty Street supports Whatcom County Ballot Proposition 1 Transit Levy.

Jason Heck 1001 Larrabee supports Whatcom County Ballot Proposition 1 Transit Levy.

Niel Pfundt, 2814 40th supports the transportation levy but is concerned about poor management. He cited the cost of the decorated buses and feels that something should be included in the resolution to ensure that everything is being done by the WTA to reduce expenses.

Diane Foster, 9026 Mason Street supports Whatcom County Ballot Proposition 1 Transit Levy.

Diedra Penner, 2900 Walnut Street supports Whatcom County Ballot Proposition 1 Transit Levy.

Frank Ordway, 2731 Lafayette Street, Chair, COB Transportation Commission spoke in support of Whatcom County Ballot Proposition 1 Transit Levy.

Johnny Grames supports Whatcom County Ballot Proposition 1 Transit Levy.

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

LILLIQUIST / WEISS moved final approval of Resolution #2010-03. MOTION CARRIED 7-0.


15-MINUTE PUBLIC COMMENT PERIOD

Leonard Lindstrom spoke on family and social issues.

Carr Lanham reminded city leaders that the Bellingham Police Department is understaffed. Bellingham has the lowest ratio of population/officers in comparable Washington cities.

Jeff Hinds spoke with regard to the understaffing of the Bellingham Police Department. He reviewed newspaper headlines from the last month and said those represent only a small portion of the calls the police respond to. He noted that January 2010 showed 248 more incidents than January 2009.

Abe Jacobson, 2314 Samish Way said that he has attended other jurisdiction’s council meetings, which motivates him to thank the Mayor, council and staff in obeying the law, following regulations and keeping a civil atmosphere.

Meredith Murray, 2613 Park Street invited all to The Great Unleashing, a two day event planned by Transition Whatcom on April 10 and 11. April 10 will be a celebration of the communities of Whatcom County, acknowledging the years of work by many individuals and organizations in protecting our environment and reducing waste. April 11 will bring together citizens to envision a much less energy-dependent future and what we collectively want our community to look like in 20 years.

Tanasije Chobanov, Xenia Street explained, again, the situation with no street light on Xenia Street.

Marian Beddill discussed the soils underground surrounding Lake Whatcom and explained that how well the soil can absorb is important to the filtering of ground water. She said, if the soil does not absorb, then it is important to dig a hole and let that water flow underground into the soils which can then absorb and provide natural filtering.

Paul Schissler, KCLT spoke in support of HB3177 & SB 6817 concerning funds for certain affordable housing purposes;


REPORTS OF COMMITTEES

EXECUTIVE SESSION - Report only

1. LITIGATION: Hofstetter v. City of Bellingham: An update was provided to Council on a pending litigation matter. Information only.

2. LITIGATION: Haykin v. City of Bellingham: An update was provided to Council on a litigation matter. Information only. No action taken.

3. LITIGATION: Governor's Point Development Company v. City of Bellingham: Staff provided Council with an update on this litigation matter. Information only. No action taken.

4. POTENTIAL LITIGATION: Staff provided Council with an update on the recent appeals filed with the Western Washington Growth Management Hearings Board challenging Whatcom County Ordinance 2009-071 which established new urban growth area boundaries within the County.

WEISS / BORNEMANN moved to authorize the City intervening in the appeals that challenge the City of Bellingham’s Urban Growth Area boundary. MOTION CARRIED 7-0.


COUNCIL STANDING COMMITTEE MEETINGS:


AB18743 1. BELLINGHAM SISTER CITIES ASSOCIATION UPDATE TO COUNCIL

Presentation made during afternoon session. Information only.


FINANCE & PERSONNEL
MEMBERS: CHAIR, STAN SNAPP; BARRY BUCHANAN; MICHAEL LILLIQUIST

AB18744 Resolution #2010-04
1. RESOLUTION SUPPORTING A CITY OF BELLINGHAM EMPLOYEE WELLNESS PROGRAM

A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON TO SUPPORT EMPLOYEE HEALTH AND REALIZE BENEFITS COST SAVINGS BY RE-LAUNCHING A WELLNESS PROGRAM.”

SNAPP / BUCHANAN moved final approval of Resolution #2010-04. MOTION CARRIED 7-0.


AB18745 CB 13594
2. AN ORDINANCE FOR A BUDGET AMENDMENT FOR THE RECEIPT AND SPENDING OF A $348,881.80 DEPARTMENT OF JUSTICE GRANT FROM THE OFFICE ON VIOLENCE AGAINST WOMEN

“AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A DEPARTMENT OF JUSTICE GRANT AND APPROPRIATING AN ADDITIONAL $348,881.80 OF EXPENDITURES IN THE GENERAL FUND.”

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


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

AB18746 1. CORDATA PARK PHASE 1 TRAILS – CAPITAL PROJECT UPDATE

Information only.


AB18626 2. CONSIDERATION OF STRATEGIC PLAN FOR SOUTH AREA GREENWAY 3 LEVY LAND ACQUISITIONS

FLEETWOOD / BORNEMANN moved to continued consideration to April 12, 2010. MOTION CARRIED 7-0.


LAKE WHATCOM RESERVOIR COMMITTEE
MEMBERS: CHAIR, MICHAEL LILLIQUIST; BARRY BUCHANAN; STAN SNAPP

AB18747 1. PROPOSAL TO AUTHORIZE THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH WHATCOM COUNTY FOR LAKE WHATCOM TRIBUTARY MONITORING

SNAPP / BORNEMANN moved to authorize the Mayor to execute an Interlocal Agreement with the Lake Whatcom Water & Sewer District and Whatcom County for Lake Whatcom Management Program Tributary Monitoring.

Clare Fogelsong, Environmental Resources Manager said that staff would like to have council's input into whether or not the Joint Policy group (City, County & Water District) is providing the joint council service needed and reporting back to their council members at the county, city and the water district commissioners, or whether (or not) we need to go forward with a joint council meeting this year.

MOTION CARRIED 7-0.


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

AB18748 1. AGREEMENT FOR THE MANAGEMENT OF THE FEDERAL BUILDING

BUCHANAN / SNAPP moved to authorize the Mayor to execute an agreement with the Bellingham Public Development Authority for management of the Federal Building. MOTION CARRIED 7-0.


AB18749 2. AGREEMENT FOR THE TRANSFER OF CITY PROPERTY LOCATED ON HOLLY STREET ADJACENT TO THE ARMY STREET RIGHT-OF-WAY TO THE BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY

BUCHANAN / SNAPP moved to authorize the Mayor to execute an agreement with the Bellingham Public Development Authority for transfer of property (Holly Street Property Adjacent to the Army Street Right-of-Way) and to include Triple Bottom Line goals for development in the recitals. MOTION CARRIED 7-0.


AB18750 3. AGREEMENT FOR THE TRANSFER OF CITY PROPERTY LOCATED IN AREA 10 OF THE WATERFRONT DISTRICT, COMMONLY KNOWN AS THE R. G. HALEY PROPERTY, TO THE BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY

BUCHANAN / SNAPP moved to authorize the Mayor to enter into an agreement with the Bellingham Public Development Authority for transfer of property (Cornwall Beach Area - Former R. G. Haley Property). MOTION CARRIED 7-0.


PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: CHAIR, TERRY BORNEMANN; SETH FLEETWOOD; MICHAEL LILLIQUIST; JACK WEISS

AB18751 1. HEARING EXAMINER ANNUAL REPORT TO COUNCIL

Information only.


AB18752 Resolution #2010-05
2. “A RESOLUTION RECOMMENDING AGAINST FURTHER CHANGES TO BELLINGHAM’S URBAN GROWTH AREA BOUNDARY IN 2010.”

BORNEMANN / WEISS moved final approval of Resolution #2010-05. MOTION CARRIED 7-0.


AB18587 3. A WORKSESSION TO CONSIDER EXCEPTIONS TO THE 90,000 SQUARE FOOT SIZE LIMIT FOR RETAIL ESTABLISHMENTS

Council Member Bornemann reported that a worksession is scheduled for Thursday, February 11, 2010 at 11:00 a.m.


COMMITTEE OF THE WHOLE
CHAIR, GENE KNUTSON
          1. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES

None submitted at evening meeting.

          2. OLD/NEW BUSINESS
LILLIQUIST / BORNEMANN moved to request that the Council President send a letter in support of HB 3177 to the State Legislature. MOTION CARRIED 7-0

BORNEMANN / SNAPP moved to present a plan to the Capital Facilities Task Force whereby the two elected officials will act as chairs and operate under Robert’s Rules of Order. MOTION CARRIED 7-0.


MAYOR'S REPORT

          1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. No items presented.

AB18753 2. MAYOR’S REAPPOINTMENT OF GREG MCCRACKEN AND BARBARA CAMPBELL AND NEW APPOINTMENT OF JANET SIMPSON TO THE MAYOR’S NEIGHBORHOOD ADVISORY COMMISSION

Information only.


AB18754 3. MAYOR’S APPOINTMENT OF WILLIAM MCCOURT AND LARRY MANSFIELD TO THE LAKE WHATCOM WATERSHED ADVISORY BOARD

Information only.


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.

AB18755 CB 13595
1. AN ORDINANCE TO REPEAL BELLINGHAM MUNICIPAL CODE SECTION 2.04 WHICH ESTABLISHED A LIMITED-TERM BUDGET ADVISORY COMMITTEE

“AN ORDINANCE OF THE CITY OF BELLINGHAM REPEALING BELLINGHAM MUNICIPAL CODE SECTION 2.04 RELATED TO THE BUDGET ADVISORY COMMITTEE.”

AB18756 CB 13596
2. AN ORDINANCE TO REPEAL BELLINGHAM MUNICIPAL CODE SECTION 6.16 REGARDING LICENSING OF CABARET DANCE BUSINESSES

“AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, REPEALING BELLINGHAM MUNICIPAL CODE CHAPTER 6.16 RELATED TO THE LICENSING OF CABARET DANCE BUSINESSES.”

AB18757 CB 13597
3. AN ORDINANCE RELATING TO THE 2009 BUDGET APPROPRIATING $40,000 OF FUNDS FROM THE UNDESIGNATED ENDING RESERVE OF THE UNEMPLOYMENT COMPENSATION SELF INSURANCE FUND TO COVER FOURTH QUARTER UNEMPLOYMENT CLAIMS

AN ORDINANCE RELATING TO THE 2009 BUDGET APPROPRIATING AN ADDITIONAL $40,000.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE UNEMPLOYMENT COMPENSATION FUND FOR THE PURPOSE OF PAYING UNEMPLOYMENT COMPENSATION FOR THE FOURTH QUARTER OF 2009.”

AB18758 CB 13598
4. ORDINANCE TO APPROPRIATE $25,780 IN EPA GRANT FUNDS TO THE SURFACE AND STORM WATER UTILITY BUDGET

“AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A UNITED STATES ENVIRONMENTAL PROTECTION AGENCY GRANT AND APPROPRIATING AN ADDITIONAL $25,780.00 OF EXPENDITURES IN THE SURFACE AND STORMWATER UTILITY FUND.”

AB18759 Resolution #2010-06
5. A RESOLUTION TO INCREASE CLEAN GREEN USER FEE RATE

“A RESOLUTION OF THE CITY OF BELLINGHAM INCREASING THE USER FEE FOR THE CLEAN GREEN FACILITY.”

AB18760 6. SURPLUS MANUFACTURED HOUSE

AB18761 CB 13599
7. A BUDGET ORDINANCE TO RECLASSIFY ONE POSITION IN THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT FROM GIS SPECIALIST TO GIS ANALYST

AN ORDINANCE RELATING TO THE 2010 BUDGET RECLASSIFYING ONE GIS SPECIALIST POSITION IN THE PLANNING DEPARTMENT AND REALLOCATING EXPENDITURES IN THE GENERAL FUND TO ACCOMMODATE THE ADDITIONAL COST.”

AB18762 8. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JANUARY 15, 2010 TO JANUARY 22, 2010.

AB18763 9. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JANUARY 22, 2010 TO JANUARY 29, 2010.

AB18764 10. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM JANUARY 1, 2010 TO JANUARY 15, 2010.

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


FINAL CONSIDERATION OF ORDINANCES

AB18730 1. CB 13592
AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $1,600,000.00 OF ADDITIONAL REVENUE AND EXPENSES FOR THE BAKERVIEW & HANNEGAN / WOBURN OVERLAY PROJECT

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 #2010-02-007


AB18735 2. CB 13593
AN ORDINANCE RELATING TO THE 2010 BUDGET RECLASSIFYING ONE PARKING SERVICES FUND POSITION IN THE PUBLIC WORKS TRANSPORTATION GROUP WHERE NO APPROPRIATION OR REALLOCATION OF FUNDS IS REQUIRED

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 #2010-02-008



ADJOURNMENT
There being no further business, the meeting adjourned at 9:49 p.m.


Gene Knutson, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 02/22/2010



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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