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You are here: Home) Government) Council) Meeting Materials) June 20, 2011


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, June 20, 2011, 07:00 PM
Book: 65, Page: 1


REGULAR MEETING


Called To Order The meeting was called to order by Council President Pro Tem Terry Bornemann, who led the Pledge of Allegiance.

Roll Call
Present:
    Jack Weiss, Council Member, First Ward
    Gene Knutson, Council Member, Second Ward
    Barry Buchanan, Council Member, Third Ward
    Terry Bornemann, Council Member, Fifth Ward
    Michael Lilliquist, Council Member, Sixth Ward
    Seth Fleetwood, Council Member, At Large

Excused:
    Stan Snapp
    Council Member
    Fourth Ward

ANNOUNCEMENT(S)

    On Monday, June 20, 10:00 a.m. - 12:00 p.m. in Council Chambers: worksession of the Council’s Lake Whatcom Reservoir and Natural Resources Committee to discuss a proposed water rate increase.
    On Monday, July 11, 7:00 p.m. in Council Chambers there will be three public hearings:

1) A public hearing to consider amendments to Bellingham Municipal Code to change the definitions of Floor Area or Space and Floor Area Ratio.

2) A public hearing to consider amendments to Bellingham Municipal Code to allow certain structures and architectural features to encroach into a required setback and modify the front yard setback option.

3) A public hearing on an Ordinance to prohibit signs in medians and roundabouts.

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


APPROVAL OF MINUTES

None submitted.


15 - MINUTE PUBLIC COMMENT PERIOD

Dick Conoboy disagreed with the rental licensing proposal [AB 18687]. He feels that self certification may be asking more than a landlord can reasonably deliver as they may have to seek outside advice, which would add to their cost of doing business. He said self certification may seem less intrusive but believes there could be unintended consequences.

Johnny Grames shared his thoughts on the weather; BALLE Conference, coal port and political issues.

Randy Elmore announced that initiative sponsors for the Traffic Camera Initiative had submitted approximately 7,000 signatures. He shared his thoughts regarding the traffic camera issues and feels that this initiative needs to go on the ballot.

Tina Sorenson described her experience in collecting signatures for the Traffic Camera initiative and hopes the City Council will respect the right of the citizens to vote on this issue in November.

Sheryl Peterson spoke in opposition to landlord licensing [AB 18687] and said it seems like the city is going after a few bad apples with a huge regulation. She acknowledged the excellent job that most landlords are doing.

Bruce Deile described his frustration with regard to the theft of a check, a pharmaceutical insurance scam and the initiative process.

Rick Westerop spoke in opposition to landlord licensing [AB 18687]. He feels the laws are already in place with the Landlord Tenant Act and suggested that all the landlords print their tenants a copy of the Act, as remedies are already in place.

Dianne Meyer addressed rental unit licensing [AB 18687]and feels renters do need oversight by the city. The renter must take underlying condition on trust and the tenant must be sophisticated enough to understand, find, read and relate relevant state statutes and apply them to the situation. She feels the licensing fee is reasonable.

Dick McCollum lives in an area near the university and feels that including mowed lawns in the licensing program is a must; owners should instruct tenants on how to turn off utilities and said, it should be easier to obtain the names of owners of rental properties.

Rick Hannam took issue with the landlord licensing program and made disparaging remarks about the city council members and members of city administration.



PRESENTATION(S)

AB19236 1. LUMMI INDIAN NATION PRESENTATION AND INVITATION TO COAST SALISH DAYS, JULY 9

James Hillaire, Cultural Director of the Lummi Indian Nation and former Mayor Tim Douglas invited the Community To Coast Salish Days, July 9, noon – 5:00 p.m., Bellingham Maritime Park. Information only.


AB19237 2. RESOLUTION HONORING KATHY FLETCHER FOR HER WORK WITH PEOPLE FOR PUGET SOUND

A RESOLUTION HONORING KATHY FLETCHER FOR HER LEGACY OF ACTION TO PROTECT PUGET SOUND AND FOR FOUNDING, PEOPLE FOR PUGET SOUND.”

FLEETWOOD / WEISS moved final approval of Resolution #2011-09. MOTION CARRIED 6-0.


REPORTS OF COMMITTEES

Parks And Recreation
Members: Chair, Gene Knutson; Terry Bornemann; Seth Fleetwood

AB19238 1. RESOLUTION DESIGNATING JULY 2011 AS PARKS AND RECREATION MONTH

A RESOLUTION DESIGNATING JULY 2011 AS PARKS AND RECREATION MONTH.”

KNUTSON / BUCHANAN moved final approval of Resolution #2011-10. MOTION CARRIED 6-0.


Public Works / Public Safety
Members: Chair, Barry Buchanan; Jack Weiss; Gene Knutson

AB19239 1. BID OPENING AND RECOMMENDATION FOR REJECTION OF ALL BIDS FOR CENTRAL AVENUE IMPROVEMENTS


BUCHANAN / WEISS moved to reject all bids for Central Avenue improvements. MOTION CARRIED 6-0.


AB19240 2. REJECTION OF BID AWARD TO BELLINGHAM PLUMBING & HEATING, INC. AND ALL OTHER BIDS FOR BID #12B-2011 FOR POST POINT CONDENSER REPLACEMENT

BUCHANAN / WEISS moved to reject bid awarded to Bellingham Plumbing & Heating, Inc. and all other bids for Bid #12B-2011. MOTION CARRIED 6-0.


AB19110 3. SALE OF THREE SURPLUS PROPERTIES ON SUNSET DRIVE BY MULTIPLE LISTING AND NEGOTIATED SALE

BUCHANAN / KNUTSON moved to list three surplus properties on Sunset Drive by multiple listing and use a negotiated sale method of disposition. MOTION CARRIED 6-0.


Transportation
Members: Chair, Terry Bornemann; Michael Lilliquist; Jack Weiss

AB19211 1. DRAFT 2012-2017 TRANSPORTATION IMPROVEMENT PROGRAM (TIP)

A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING THE 2012 – 2017 TRANSPORTATION IMPROVEMENT PROGRAM.”

Mixed recommendation from committee.

Project #16: Orchard Street Multimodal Arterial & Bay to Baker Trail connection beneath I-5 will be discussed in more detail at a future worksession.

WEISS / KNUTSON moved to recommend adding a line for a “Transportation Reserve" to Project #2: Transit Service Enhancements, and to transfer the total amount identified to that line. MOTION CARRIED 6-0.

WEISS moved to add enough street width to accommodate two bicycle lanes on Eliza. There was no second and the motion died.

LILLIQUIST / KNUTSON moved to ask staff to look at the budget for the coming year to identify funds to amend the TIP item #6 (Eliza Avenue) as Council Member Weiss has suggested. MOTION CARRIED 6-0.

WEISS / FLEETWOOD moved to strike projects 11-B, E, F, G, H, I and J from the Transportation Improvement Program list.

Ted Carlson, Public Works Director clarified in response to Council Member Fleetwood that these projects are unfunded. The only projects for the waterfront that are funded are Project 11a (Granary – Bloedel Avenue (Phase 1); 11c (Cornwall Avenue Bridge Replacement) and 11d (Railroad Relocation).

Council Member Weiss feels there was not a legitimate process that was used to approve the 2009 changes to the 2006 framework and also, that last year these particular amendments were done without having the proper process and the Transportation Commission did not review them. He said the primary issue, for him, is that the city doesn’t have an approved master plan. He added, that If the TIP is going to be a legitimate tool for transparency to the public and the city, we should only put projects on the TIP that have a corresponding approval with planning documents.

MOTION FAILED 2-4, BUCHANAN, KNUTSON, BORNEMANN, FLEETWOOD OPPOSED.

LILLIQUIST / KNUTSON moved final approval of Resolution #2011-11 as amended. MOTION CARRIED 5-1, WEISS OPPOSED.


Committee Of The Whole
Chair, Terry Bornemann

AB19241 1. LIBRARY UPDATE

Report given during committee. Information only.


AB18687 2. DISCUSSION OF RENTAL UNIT LICENSING PROPOSAL

WEISS / LILLIQUIST moved to direct the city Executive Department staff to develop a rental licensing and inspection program and warrant authority and corresponding ordinances, working with the framework developed by the Bellingham City Council Planning and Community Development Committee. The Council’s Policy Analyst is also directed to provide research assistance as requested by City Departments or the City’s Chief Administrative Officer. The lead department or departments should return to brief the Council on progress by, no later than, September 12.

Council Member Knutson feels there is an opportunity for city staff to get the landlord community and rental community together to work through this process and address this issue in a different way.

Council Member Lilliquist feels that there are many misunderstandings of what the proposal is and that there needs to be a better way to promote understanding.

Council Member Weiss added that the ordinance has not been formally designed yet and misinformation is rampant. The details need to be fleshed out and real issues addressed.

Council Member Bornemann noted that in 2003 the concerns were geared more toward rooming houses but has shifted to health and safety concerns. The noise and nuisances are centered around a few people.

Council Member Buchanan concurred with Council Member Knutson and would like to look more in depth and have a discussion with the public on both sides of this issue.

MOTION FAILED 2-4, BUCHANAN, KNUTSON, BORNEMANN, FLEETWOOD OPPOSED.

BUCHANAN / KNUTSON moved to have facilitated council/stakeholder meeting to work on future planning process. BUCHANAN/KNUTSON withdrew motion.

No further direction given.

          3. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES

None submitted at evening meeting.

          4. OLD/NEW BUSINESS

Council Member Weiss recognized the success of the BALLE (Business Alliance for Local Living Economies) Conference held in Bellingham. It was the consensus of the council that a recap and/or summaries of the conference by BALLE or staff, would be appreciated. Mr. Weiss suggested that some of the BALLE sessions be shown on BTV10.


Executive Session – Report and action only.
        LITIGATION: PUGET SOUND ENERGY V. CITY OF BELLINGHAM : Removed from Executive Session.

1. POTENTIAL LITIGATION: Staff provided information on a potential litigation matter. Direction provided. No action taken.

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

3. POTENTIAL LITIGATION: Staff provided information on a potential litigation matter.

KNUTSON / BUCHANAN moved to authorize the appeal to the Growth Management Hearings Board of Whatcom County Ordinance 2011-013 implementing changes relating to the County’s rural land use planning. MOTION CARRIED 6-0.

4. POTENTIAL PROPERTY ACQUISITION: Staff provided information on the acquisition of a .38 acre parcel located at 1815 Ellis Street in Bellingham adjacent to Whatcom Creek for use as a Park trail corridor. The purchase price is $240,000 which is the appraised value.

WEISS / KNUTSON moved to authorize the purchase of said property at a purchase price of $240,000. MOTION CARRIED 6-0.

5. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Information only. No action taken.


MAYOR'S REPORT
          1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.


AB19242 2. MAYOR’S REAPPOINTMENT OF JEAN MELIOUS AND SEAN WALBECK TO THE HISTORIC PRESERVATION COMMISSION

BUCHANAN / KNUTSON moved to authorize the Mayor’s reappointment of Jean Melious and Sean Walbeck, terms expiring June 30, 2014, to the Historic Preservation Commission. MOTION CARRIED 6-0.


AB19243 3. MAYOR’S REAPPOINTMENT OF ADRIENNE LEDERER AND DOMINIQUE ZERVAS TO THE PARKS AND RECREATION ADVISORY BOARD

Information only.


AB19244 4. MAYOR’S APPOINTMENT OF GINA URCUYO, DIANE MACLEAN, GARRY HARRIS, MIKE ROSTRON, TAPIO HOLMA, RICHARD SAWYER AND IAIN DAVIDSON; AND REAPPOINTMENT OF MEREDITH ANN MURRAY AND JANET SIMPSON TO THE MAYOR’S NEIGHBORHOOD ADVISORY COMMISSION

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. A member of the Council may ask that an item be removed from the Consent Agenda and considered separately.

AB19245 1. 38B-2011 BID AWARD FOR DUCTILE IRON FITTINGS, COUPLINGS, PIPE RESTRAINT AND GRIP RINGS

AB19246 2. 39B-2011 BID AWARD FOR VARIOUS WATER DISTRIBUTION VALVES AND TAPPING SLEEVES

AB19247 3. APPROPRIATION OF HIGH CRIME FUNDS
            “AN ORDINANCE AMENDING THE 2011 BUDGET APPROPRIATING AN ADDITIONAL $59,200.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE CRIMINAL JUSTICE FUND FOR THE PURPOSE OF PURCHASING RIFLES FOR THE PATROL AND TRAFFIC DIVISIONS OF THE BELLINGHAM POLICE DEPARTMENT.”

AB19248 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM MAY 27, 2011 TO JUNE 2, 2011

AB19249 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JUNE 3, 2011 TO JUNE 9, 2011

AB19250 6. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM MAY 26, 2011 TO JUNE 10, 2011

KNUTSON / LILLIQUIST moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0.


FINAL CONSIDERATION OF ORDINANCES

AB19224 1. AN ORDINANCE RELATING TO THE 2011 BUDGET CREATING A SETTLEMENT FUND TO ACCOUNT FOR REVENUE AND EXPENSES ASSOCIATED WITH THE ENVIRONMENTAL REMEDIATION OF THE FORMER SOUTH STATE STREET MANUFACTURED GAS PLANT

WEISS / KNUTSON 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, WEISS
NAYS:
ABSTENTIONS:
EXCUSED: SNAPP

MOTION CARRIED 6-0 and was thereafter named Ordinance #2011-06-029


AB19226 2. AN ORDINANCE AMENDING THE 2011 BUDGET USING EXISTING FUNDS TO RECLASSIFY A VACANT DEVELOPMENT SERVICES FUND BUILDING INSPECTOR II POSITION IN THE PLANNING DEPARTMENT, BUILDING SERVICES GROUP

BUCHANAN / KNUTSON 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, WEISS
NAYS:
ABSTENTIONS:
EXCUSED: SNAPP

MOTION CARRIED 6-0 and was thereafter named Ordinance #2011-06-030


AB19229 3. AN ORDINANCE AMENDING THE 2011 BUDGET RECOGNIZING RECEIPT OF A DEPARTMENT OF ECOLOGY LOCAL SOURCE CONTROL PARTNERSHIP CONTRACT NOT TO EXCEED $158,638.00 IN THE STORM AND SURFACE WATER UTILITY FUND AND CREATING A NEW POSITION IN THE PUBLIC WORKS DEPARTMENT TO PROVIDE STAFFING FOR CONTRACT RELATED WORK

KNUTSON / BUCHANAN 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, WEISS
NAYS:
ABSTENTIONS:
EXCUSED: SNAPP

MOTION CARRIED 6-0 and was thereafter named Ordinance #2011-06-031

AB19230 4. AN ORDINANCE AMENDING THE 2011 BUDGET REALLOCATING $33,310.00 IN SURFACE AND STORM WATER UTILITY FUND EXPENDITURES FOR THE PURPOSE OF CREATING A LIMITED TERM POSITION IN THE PUBLIC WORKS DEPARTMENT

KNUTSON / 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, WEISS
NAYS:
ABSTENTIONS:
EXCUSED: SNAPP

MOTION CARRIED 6-0 and was thereafter named Ordinance #2011-06-032




ADJOURNMENT
There being no further business, the meeting adjourned at 8:56 p.m.


Terry Bornemann, Council President Pro Tem

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 07/11/2011



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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