RECORD OF PROCEEDING OF CITY COUNCIL
CITY OF BELLINGHAM, WASHINGTON
BELLINGHAM MUNICIPAL COURT
Monday, April 12, 2010, 07:00 PM
Book: 64, Page: 1
Called To Order The meeting was called to order by Council President Gene Knutson with the Pledge of Allegiance led by Julie Guy.
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
· The City Council’s Lake Whatcom Reservoir Committee is now the “Lake Whatcom Reservoir and Natural Resources” Committee.
· 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
WEISS / SNAPP moved approval of the March 29, 2010 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0. [Editor's note: vote was taken during old and new business.]
15 - MINUTE PUBLIC COMMENT PERIOD
Leonard Lindstrom discussed social issues.
Johnny Grames spoke in support of the WTA Levy.
Bruce Deile spoke in opposition to legalizing marijuana.
AB18587 CB 13554
1. AN ORDINANCE REGARDING EXCEPTIONS TO THE 90,000 SQUARE FOOT SIZE LIMIT FOR RETAIL ESTABLISHMENTS
Mayor Pike said he feels this legislation is a good compromise to this critical issue. Big Box stores are a part of our community where we have the infrastructure to handle them; where we can put some conditions on them to mitigate the impacts and where we can capture the tax dollars that they generate to further mitigate the impacts.
Marilyn Vogel, Senior Planner briefly reviewed the proposal, which will allow exceptions to the 90,000 s.f. retail store size limit. The exception would apply in certain areas north of I-5 in the vicinity of Meridian Street and also along portions of West Bakerview. Under the proposal the stores in the exception area would be able to exceed the current 90,000 s.f. limit if they met three conditions: 1) the store could not be a superstore [as defined in the ordinance], 2) the facility must achieve LEED certification at the silver level or compliance with an equivalent green building system, and 3) any new impervious surfacing would be required to meet a Green Factor score of 0.3. The ordinance would prohibit conversion of existing stores to superstores. Additionally, staff have also proposed added wording in the ordinance to clarify that it would retain the existing provisions for nonconforming stores, which allows a pre-existing oversize store anywhere in the city to expand by up to 2,000 s.f. over the life of the facility without meeting the special conditions.
Rob Wilson representing IAFF Local 106, spoke in support of the proposed ordinance.
Carr Lanham representing Bellingham Police Guild, spoke in support of the proposed ordinance.
Abe Jacobson spoke in opposition of the proposed ordinance.
Carole Jacobson spoke in opposition of the proposed ordinance.
Beverly Jacobs spoke in support of the proposed ordinance.
Christine Hodson spoke in opposition of the proposed ordinance.
Cheyenne Black spoke in opposition of the proposed ordinance.
Susan Richardson spoke in opposition of the proposed ordinance.
Bill Henshaw spoke in support of the proposed ordinance.
Julie Guy spoke in support of the proposed ordinance.
Perry Eskridge of Whatcom County Association of Realtors spoke in opposition of the proposed ordinance.
David West, Seattle, WA, Executive Director, Puget Sound Sage spoke in opposition of the proposed ordinance.
Aileen Satushek spoke in opposition of the proposed ordinance.
Michael Rizi spoke in opposition of the proposed ordinance.
Mary Goit spoke in opposition of the proposed ordinance. She submitted a list of over 60 local, small companies who have signed a petition for keeping the big box provisions in place.
David Warren, President, Northwest Washington Central Labor council, spoke in opposition of the proposed ordinance; and wondered why it is not a higher priority to look further at revenue sharing.
Mona Moise spoke in opposition of the proposed ordinance.
Philip Paull spoke in opposition of the proposed ordinance.
Duane Jager spoke in opposition of the proposed ordinance.
Bob Marshall spoke in opposition of the proposed ordinance.
Betsy Pernotto spoke in opposition of the proposed ordinance.
Adrienne Lederer spoke in support of the proposed ordinance.
Robert Brazzel spoke in opposition of the proposed ordinance.
Ken Oplinger, Chamber of Commerce, said the argument is not whether to allow big box stores, but more, do we allow these existing stores to meet their business models and do the things they would like to do in order to provide services to our community.
Steve Williamson, Seattle WA representing United Food & Commercial Workers Local 21 spoke in opposition of the proposed ordinance but did request an amendment requiring all big box stores be designed so that they might be reused or removed at the owners expense.
Larry Hildes spoke in opposition of the proposed ordinance.
Karen Weill spoke in opposition of the proposed ordinance.
Monty Whett, Blaine, WA spoke in opposition of the proposed ordinance.
Dennis Curtis spoke in support of the proposed ordinance.
Catherine Chambers spoke in opposition of the proposed ordinance.
Jeff Voltz, Blaine, WA spoke in opposition of the proposed ordinance.
Anthony Andrews spoke in support of the proposed ordinance.
Iain Davidson would like straightforward, unilateral rules that have no exceptions to encourage local businesses to keep the money local that they earn and spend.
Council President Knutson called the meeting back to order at 9:21 p.m.
Council members deliberated and recognized that, the proposal will be a good compromise for the overall community and would like to see further conversations on revenue sharing and adaptive reuse.
Marilyn Vogel noted that Costco had suggested a minor change related to the green factor. She proposed an amendment to the ordinance as follows:
Amendment to 2.b. The words “The area of” replace “Any”; i.e., "The area of new or expanded impervious surfacing shall have a Green Factor score of at least 0.3."
WEISS / SNAPP moved approval for first and second reading as amended. MOTION CARRIED 7-0.
REPORTS OF COMMITTEES
COUNCIL STANDING COMMITTEE MEETINGS:
PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: CHAIR, TERRY BORNEMANN; SETH FLEETWOOD; MICHAEL LILLIQUIST; JACK WEISS
AB18822 1. WHATCOM COMMUNITY FOUNDATION UPDATE TO COUNCIL
AB18823 2. AN UPDATE ON COMMUNITY GARDENS
WATERFRONT DEVELOPMENT COMMITTEE
MEMBERS: CHAIR, JACK WEISS; TERRY BORNEMANN; MICHAEL LILLIQUIST; SETH FLEETWOOD
AB18824 1. WATERFRONT REDEVELOPMENT PROJECT UPDATE
PARKS AND RECREATION
MEMBERS: CHAIR, SETH FLEETWOOD; TERRY BORNEMANN; STAN SNAPP
AB18626 1. APPROVAL OF STRATEGIC PLAN FOR SOUTH AREA GREENWAY 3 LEVY LAND ACQUISITIONS
FLEETWOOD / BORNEMANN moved to defer the decision pending negotiation on a parcel of land.. MOTION CARRIED 5-2, WEISS , SNAPP opposed.
LAKE WHATCOM RESERVOIR & NATURAL RESOURCES COMMITTEE
MEMBERS: CHAIR, MICHAEL LILLIQUIST; BARRY BUCHANAN; STAN SNAPP
AB18825 1. CONSERVATION EASEMENT FOR LAKE WHATCOM ACQUISITION PROPERTIES – GENEVA PRESERVE
LILLIQUIST / SNAPP moved to authorize the Mayor to enter into a contract with Whatcom Land Trust. MOTION CARRIED 7-0.
PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: CHAIR, BARRY BUCHANAN; STAN SNAPP; JACK WEISS
AB18826 1. DISCUSSION REGARDING IMPLEMENTATION OF A COMPREHENSIVE INFLOW AND INFILTRATION PROGRAM
BUCHANAN / BORNEMANN moved to direct staff to proceed with staff recommendations as follows:
· Move forward with a Pilot Demonstration project in the Central Basin District,
MOTION CARRIED 7-0.
COMMITTEE OF THE WHOLE
CHAIR, GENE KNUTSON
· Delay the Wet Weather Facility until completion of the Pilot Demonstration Project, and
· Use a portion of the Bond proceeds designated for the Wet Weather Facility to fund the Pilot Demonstration Project.
The March 29, 2010 Evening City Council Minutes were approved.
Council Member Lilliquist reported: Available soon on the city’s web site are: The Lake Whatcom 5-year Accomplishment Report and the Lake Whatcom Work Plan. On April 20, 2010 there will be a Joint Meeting of the City Council, Whatcom County Council and Lake Whatcom Water & Sewer District, 6:30 p.m. at City Hall to consider the work plan.
EXECUTIVE SESSION - Report only.
1. RATIFICATION OF WHAT-COMM DISPATCH GUILD COLLECTIVE BARGAINING AGREEMENT FOR 2010-2011: City staff provided an update on labor negotiations.
SNAPP / BORNEMANN moved to approve the agreement with What-comm Dispatch Guild with the following terms:
Term of Agreement: 2 years
Wages: 2010: 0%
2011: Reopen wages and benefits
Benefits: No change to medical plan or premium-sharing for 2010.
MOTION CARRIED 7-0.
2. POTENTIAL LITIGATION: Staff provided information on a potential litigation matter relating to Fire District #4 and the Van Wyck / James Street and Queen Mountain annexations.
BORNEMANN / SNAPP moved to authorize the Mayor to sign an Interlocal Agreement concerning Mitigation of Annexation Impacts as follows:
a. The City shall pay to Fire District #4 three years of fire district tax revenue from the Van Wyck / James Street annexation. This shall be paid as a lump sum in the amount of $10,176.00.
b. Fire District #4 shall provide automatic aid for water tender services as needed for three years from the effective date of the annexations.
c. The Bellingham Fire Department shall provide fire protection and emergency medical services to limited isolated areas that are located outside the annexation area, which are accessed from within the annexation area for a period of three years from the effective date of the annexations.
MOTION CARRIED 7-0.
3. LITIGATION: Puget Sound Energy v. City of Bellingham: Staff provided an update on the status of the two tax litigation disputes involving Puget Sound Energy (PSE) and the city. Staff recommended that one dispute over Business & Occupation Taxes be resolved by way of a settlement agreement. The terms of the settlement agreement would require that PSE be refunded $159,000.00 and the city would retain $102,000.00. There are no future tax ramifications to this settlement agreement.
LILLIQUIST / BUCHANAN moved to authorize settlement of the Business & Occupation Tax litigation matter. MOTION CARRIED 7-0
1. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
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.
AB18827 CB 13610
1. BUDGET AMENDMENT TO ALLOW FOR RECEIPT AND SPENDING OF GRANT FUNDS FROM WASHINGTON TRAFFIC SAFETY COMMISSION TOTALING $9,400.00.
“AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A WASHINGTON TRAFFIC SAFETY COMMISSION GRANT AND APPROPRIATING AN ADDITIONAL $9,400.00 OF EXPENDITURES IN THE GENERAL FUND.”
AB18828 Resolution #2010-15
2. LIMITED TIME DISCOUNT SALE ON GRAVESITES AT BAYVIEW CEMETERY.
“A RESOLUTION ESTABLISHING FEES FOR BAYVIEW CEMETERY.”
AB18829 CB 13611
3. AN ORDINANCE TO AMEND THE 2009 BUDGET APPROPRIATING $147,662.00 OF EXPENDITURES IN THE ARTERIAL STREET CONSTRUCTION FUND.
“AN ORDINANCE RELATING TO THE 2009 BUDGET APPROPRIATING $147,662.00 OF EXPENDITURES FROM ESTIMATED ENDING RESTRICTED RESERVE CAPITAL IN THE ARTERIAL STREET CONSTRUCTION FUND.”
AB18830 4. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM MARCH 1, 2010 TO MARCH 15, 2010.
AB18831 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM MARCH 19, 2010 TO MARCH 26, 2010.
WEISS / SNAPP moved to approve the Consent Agenda in its entirety. MOTION CARRIED 7-0.
FINAL CONSIDERATION OF ORDINANCES
AB18817 1. CB 13609
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.
WEISS / 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
MOTION CARRIED 7-0 and was thereafter named Ordinance #2010-04-022
There being no further business, the meeting adjourned at 10:15 p.m.
Gene Knutson, Council President
ATTEST: Linda D. Anderson City Clerk Representative
1. The Mayor attended the UGA settlement hearing and shared his concerns of the proceedings. Information only.
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