Skip to page contents
Contact Us Site Map
You are here: Home) Government) Council) Meeting Materials) March 15, 2010


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON



COUNCIL CHAMBERS, CITY HALL

Monday, March 15, 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 Alan Marriner.

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 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.


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”.

BUCHANAN / SNAPP moved approval of the February 22, 2010 minutes of the regular Council Meeting as corrected. MOTION CARRIED 7-0.


15 - MINUTE PUBLIC COMMENT PERIOD

Carr Lanham spoke on behalf of the Police Guild. He noted that a 2005 Human Resources Department Manpower Survey reported that the Police Department had the largest negative staffing deficit of any department in the city. It is clear, he said, that the Bellingham Police Department is understaffed. The City of Bellingham has the lowest ratio of officers per population with comparable cities and current statistics show that Bellingham is 24 officers below the average.

Johnny Grames addressed programming on BTV10 and noted that they are currently showing a program with Dr. Faisal Moola speaking on the value of urban forests. Mr. Grames also discussed the Whatcom Transportation Authority bus service, proposed tax levy and public disclosure.

Bruce Deile disagreed with the legalization of marijuana, including medical marijuana.


REPORTS OF COMMITTEES

EXECUTIVE SESSION - Report only.

1. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Direction was given to staff. No action taken.

2. POTENTIAL LITIGATION: Staff provided information on a potential litigation matter. Information only. No action taken.

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 (PFD) 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.

BUCHANAN / SNAPP moved that the City Council approve the settlement subject to the same two conditions as outlined by the PFD Board. MOTION CARRIED 7-0.

4. POTENTIAL LITIGATION: Staff provided information on a potential litigation matter. Direction was given to staff. No action taken.


COUNCIL STANDING COMMITTEE MEETINGS:

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

AB18784 1. REVIEW OF 2009 FISCAL YEAR END FINANCIAL REPORT

Council Member Snapp reported on the Finance Director’s report made during committee and specifically noted 2010 cautions:
    Trend line shows continued Revenue declines.
    Permit activity continues to decline.
    Total jobs in Whatcom County continues to shrink.
    Information 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.


    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.”

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


    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.”

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


    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.”

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


    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.”

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


    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.”

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


    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

    FLEETWOOD / SNAPP 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.


    TRANSPORTATION
    MEMBERS: CHAIR, JACK WEISS; STAN SNAPP; MICHAEL LILLIQUIST

    AB18792 1. PRESENTATION ON PAVEMENT AND UTILITY REPLACEMENT PRIORITIZATION PROCESS

    Information 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

    BUCHANAN / SNAPP moved to direct staff to proceed with Alternative 1B (Expand "Core" process to the South) as the preferred method of expansion.

    Council Member Weiss noted that staff would be providing a chart on how the immediate Biochemical Oxygen Demand (BOD) reduction program would influence the projections in the future and how that might delay some expenditures.

    Council Member Lilliquist clarified that this would allow design of the facility up to the 30% design level but doesn’t actually commit the city to building the facility yet. Staff is, and will be, investigating other ways to delay the necessity of bringing the facility on-line and other cost saving measures.

    MOTION CARRIED 7-0.


    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.”

    BORNEMANN / SNAPP moved final approval of Resolution #2010-10. MOTION CARRIED 7-0.


    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.

    Staff and council discussed details of the ordinance, possible amendments and clarifications.

    Council Member Bornemann summarized a memo he had submitted entitled “Why are local governments able to limit big box retail stores?” He specifically noted the following from the memo:
      What is the link between living wages and land use regulations? An increase in worker wages can help preserve the economic vitality and neighborhood character of Bellingham in two ways. Cities regularly cite these two reasons for adoption of land use laws that promote and protect small and local business: 1) Maximize the recirculation of retail dollars in Bellingham and 2) Minimize impacts of big box store expansion to locally-serving retailers in neighborhood shopping districts.
      Is Bellingham interfering in the operation of businesses with the living wage option? No. The City is not creating a new regulation on large retails. It is creating an incentive for stores to operate more responsibly. Stores that take up the City’s challenge to become better corporate citizens are rewarded with opportunities to expand beyond their current size, which was capped by the 2007 big box ordinance.

    WEISS / SNAPP 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, BUCHANAN, LILLIQUIST, KNUTSON, BORNEMANN, FLEETWOOD opposed [Original motion.]

    BORNEMANN / BUCHANAN moved to approve elements to be included in the ordinance presented to council to go to a public hearing with the additional striking (2)(b)(3) (commuter trip reduction). There was no vote on this motion.

    FLEETWOOD / LILLIQUIST moved to reconsider the [original] motion. MOTION CARRIED 5-2, BUCHANAN, BORNEMANN opposed.

    Council Member Weiss restated his original motion. MOTION CARRIED 5-2, BUCHANAN, BORNEMANN opposed.

            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.”

    SNAPP / LILLIQUIST moved final approval of Resolution #2010-11. MOTION CARRIED 7-0.


    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.


    AB18796 4. MAYOR’S APPOINTMENTS OF ALEX MCLEAN AND CHARLES MATTHEWS TO THE GREENWAY ADVISORY COMMITTEE

    WEISS / FLEETWOOD 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.


    AB18797 5. MAYOR’S APPOINTMENT OF ALFRED ARKLEY TO THE LAKE WHATCOM WATERSHED ADVISORY BOARD

    SNAPP / WEISS 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.


    AB18798 6. MAYOR’S APPOINTMENTS OF RAMIRO ESPINOZA AND DEE ROBINSON, AND REAPPOINTMENT OF ROBERT SIMPSON TO THE WHATCOM MUSEUM FOUNDATION BOARD

    SNAPP / BORNEMANN moved to approve the Mayor’s appointment of Ramiro Espinoza to a partial term expiring on March 1, 2011;Dee Robinson, term expiring on March 1, 2013 and the reappointment of Robert Simpson, to the Whatcom Museum Foundation Board. 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.

    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.”

    AB18800 2. BID AWARD FOR LIQUID CHLORINE, BID #7B-2010

    AB18801 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM FEBRUARY 12, 2010 to FEBRUARY 19, 2010.

    AB18802 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM FEBRUARY 19, 2010 TO FEBRUARY 26, 2010.

    AB18803 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM FEBRUARY 26, 2010 TO MARCH 5, 2010.

    AB18804 6. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM FEBRUARY 1, 2010 TO FEBRUARY 15, 2010.

    AB18805 7. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM FEBRUARY 16, 2010 TO FEBRUARY 28, 2010.

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


    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

    WEISS / BORNEMANN 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



    ADJOURNMENT
    There being no further business, the meeting adjourned at 8:22 P.M.

    Gene Knutson, Council President

    ATTEST: Linda D. Anderson City Clerk Representative
    APPROVED: 03/29/2010



    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.

    Top of Page ^ Top of page