Skip to page contents
Contact Us Site Map
You are here: Home) Government) Council) Meeting Materials) August 01, 2011


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, August 01, 2011, 07:00 PM
Book: 65, Page: 1


REGULAR MEETING


Called To Order The meeting was called to order by Council President Stan Snapp with the Pledge of Allegiance led by John Servais.

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 Tuesday, August 9, at 11:00 AM, in the Mayor’s Boardroom, the City Council’s Waterfront Development Committee will meet to hear a waterfront redevelopment project update.

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


APPROVAL OF MINUTES

None submitted.


15 - MINUTE PUBLIC COMMENT PERIOD

Leonard Lindstrom discussed polite communication and social issues.

Barbara Perry addressed the 2011 Water & Sewer Revenue Bond (AB 19279) and feels that the city should do further research into the Salsnes Filter systems, which she feels could earn the city money.

John Davis concurred with Ms. Perry and feels the full intelligence has not been gathered for this operation (AB 19279.

John Servais addressed the proposed amendments to BMC Title 20 and 21 (AB 19273) and feels this code revision is a move to remove citizens, residents and neighborhood associations even further from the planning process for their neighborhoods. He urged the council to reject the entire code changes.

Johnny Grames is concerned about cutting library hours.

Bruce Deile submitted a writing regarding the use of firearms or pepper spray for defense against grizzly bears.

Carr Lanham representing the Bellingham Police Guild spoke in defense of the city hiring additional police officers. He took issue with remarks made by Mayor Dan Pike with regard to the city's crime rate, which Mr. Lanham feels are only partially true. Mr. Lanham said that the crime rate in Bellingham is about 35% higher than the state average. The Police Guild is asking that the city council follow the recommendations established by the Mayor’s Police Task Force. This task force convened for six months and advised the Mayor to hire six officers as quickly as possible. Since it is clear to the Police Guild that Mayor Pike is not in support of his own task force study, the Guild is appealing to the city council to step forward and make public safety a priority.

Patrick McKee addressed proposed changes to BMC Title 20 and 21 (AB 19273). He feels strongly that criteria should be put in a handbook that the council can use when making decisions. Putting criteria into law is an invitation to law suits and council needs broad latitude. Mr. McKee said that Chapter 21 is fine just the way it is; it is not broken and does not need fixed.


PUBLIC HEARING(S)

AB19289 1. Consideration of the Geneva/Idaho annexation of approximately 6.1 acres adjacent to the eastern boundary of the City limits

AN ORDINANCE RELATING TO THE ANNEXATION OF APPROXIMATELY 6.1 ACRES OF UNINCORPORATED PROPERTY LOCATED ADJACENT TO THE EASTERN BOUNDARY OF THE BELLINGHAM CITY LIMITS AND COMMONLY KNOWN AS THE GENEVA/IDAHO ANNEXATION; ASSIGNING CITY LAND USE AND ZONING DESIGNATION, AND ESTABLISHING AN EFFECTIVE DATE.”

Kathy Bell, Planner reviewed the details of the annexation. Staff believes that the annexation has been processed in compliance with state law and finds that the petition is consistent with the Growth Management Act, the countywide planning policies and the Comprehensive Plan. Staff requests council approval.

Council President Snapp opened the public hearing.

Dennis Shoff representing the petitioners, also reviewed details of the proposal. The proposed annexation area is a logical extension of the city limits and the city’s Silver Beach Neighborhood and both the city and county considered the area appropriate for annexation and urban development when the area was placed in the city’s Urban Growth Area. He feels this would repair an irregular boundary. The petitioners have approval from the Planning Department and a majority of the constituents are asking to be annexed.

Archie Parker, property owner, asked the city to affirm this proposal

Don Holmes, owns two lots, and is in favor of the annexation proposal.

Barbara Holmes spoke in favor of the annexation.

Ray Pierce spoke in favor of the annexation.

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

There being no further comments, the public hearing was closed


REPORTS OF COMMITTEES

Planning & Community Development
Members: Chair, Jack Weiss; Michael Lilliquist; Seth Fleetwood; Gene Knutson

AB19273 1. Consideration of amendments to BMC Title 20 and 21 sections regarding the annual comprehensive plan docket and amendment review process

AN ORDINANCE RELATED TO LAND USE REGULATIONS, AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 20.20 AND SECTION 21.10.150.B.1. TO CLARIFY COMPREHENSIVE PLAN AMENDMENT PROCEDURES, ADD DOCKETING CRITERIA, AND REVISE THE DECISION CRITERIA.”

Council Member Weiss read Section 20.20.080.2.b.1.c.; which has been added to the ordinance. “All amendments. Both site specific and non-site specific amendments may be added to the annual review docket by the City Council at any time during the year, provided the Council finds that the proposal meets the docketing criteria in BMC 20.20.030.”

WEISS / LILLIQUIST moved approval for first and second reading as amended. MOTION CARRIED 7-0.


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

AB19290 1. Joint Emergency Response Interlocal Agreement between the City of Bellingham and Whatcom County Fire Protection District No. 8

BUCHANAN / KNUTSON moved to approve the Joint Emergency Response Interlocal Agreement with Whatcom County Fire Protection District No. 8. MOTION CARRIED 7-0.


Committee Of The Whole
Chair, Stan Snapp
          1. Approval of City Council Committee and/or Special Meeting minutes

None submitted at evening meeting.

          2. Old/New business

KNUTSON / BUCHANAN moved to allow a noise variance for paving at night on Lakeway Drive from west of Kenoyer Street to the city limits. MOTION CARRIED 7-0.

Council Member Weiss feels the city should clarify its’ stance with regard to Medical Marijuana. Legal staff is meeting with interested parties and will review findings with council.


Executive Session - Report and action only.
      1. Potential Property Acquisition: Staff provided information on a potential property acquisition. Direction given. No action taken.
      2. Litigation: City of Bellingham v. Whatcom County (URMX Appeal): Staff provided information on a litigation matter. Direction given. No action taken.
      3. Litigation: American Traffic Solutions, Inc. v. City of Bellingham: Staff provided information on a litigation matter. Direction given. No action taken.

    Executive Session continued at end of meeting.


    MAYOR'S REPORT

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

    Mayor Pike reported that a demolition permit has been issued for buildings to be removed from the Georgia Pacific site. Council Member Weiss said that bricks have not been reused as expected. Mayor Pike will check with the Port and see what they agreed to and report back to council.


    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.

    AB19291 1. Authorization of check issue for accounts payable from July 15, 2011 to July 21, 2011

    AB19292 2. Authorization of check issue for payroll from July 9, 2011 to July 25, 2011

    KNUTSON / WEISS moved to approve the Consent Agenda in its entirety. MOTION CARRIED 7-0.


    FINAL CONSIDERATION OF ORDINANCES
    *ORDINANCE NUMBERS ARE NOT IN CHRONOLOGICAL ORDER

    AB19150 1. AN ORDINANCE AMENDING BMC 20.08.020 TO PROVIDE A DEFINITION OF “MEDIAN STRIP” AND “ROUNDABOUT”, AND BMC 20.12.040 TO PROHIBIT PLACEMENT OF SIGNS IN MEDIAN STRIPS AND ROUNDABOUTS LOCATED WITHIN A CITY RIGHT-OF-WAY.

    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, SNAPP, WEISS
    NAYS:
    ABSTENTIONS:

    MOTION CARRIED 7-0 and was thereafter named Ordinance #2011-08-042


    AB19266 2. AN ORDINANCE RELATING TO THE 2011 BUDGET APPROPRIATING $80,000.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE GENERAL FUND TO BE USED FOR UNANTICIPATED COSTS IN THE LEGAL DEPARTMENT

    LILLIQUIST / 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, SNAPP, WEISS
    NAYS:
    ABSTENTIONS:

    MOTION CARRIED 7-0* and was thereafter named Ordinance #2011-08-043
    *Council Member Weiss voted nay. After all ordinances were considered he clarified to the council and the audience that his vote was meant to be yes for AB 19266.


    AB19274 3. AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE (BMC) 20.38.050 B. AND BMC 20.38.050 D. TO CHANGE THE SETBACK REQUIREMENTS FOR BUILDINGS, PARKING/LOADING AREAS, AND LANDSCAPING/SCREENING REQUIREMENTS WITHIN A RESIDENTIAL PLANNED AND INDUSTRIAL PLANNED ZONE, AND AMENDING BMC 20.12.030 C. 2. REGARDING LANDSCAPING IN SETBACK WITHIN AN INDUSTRIAL GENERAL USE TYPE

    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, SNAPP, WEISS
    NAYS:
    ABSTENTIONS:

    MOTION CARRIED 7-0 and was thereafter named Ordinance #2011-08-044


    AB19279 4. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, APPROVING CERTAIN ADDITIONS, BETTERMENTS AND IMPROVEMENTS TO THE CITY'S COMBINED WATER AND SEWAGE SYSTEM; AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $48,000,000 TO PAY COSTS OF SAID IMPROVEMENTS; DELEGATING AUTHORITY TO APPROVE THE FINAL TERMS OF THE BOND; AND RESERVING THE RIGHT TO ISSUE REVENUE BONDS ON A PARITY WITH THE BONDS UPON COMPLIANCE WITH CERTAIN CONDITIONS

    KNUTSON / 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
    NAYS: WEISS
    ABSTENTIONS:

    MOTION CARRIED 6-1 and was thereafter named Ordinance #2011-08-041


    AB19282 5. AN ORDINANCE AMENDING THE 2011 BUDGET RECLASSIFYING ONE GENERAL FUND POLICE LIEUTENANT POSITION TO DEPUTY POLICE CHIEF, WHERE NO ADDITIONAL APPROPRIATION OR REALLOCATION OF FUNDS WILL BE REQUIRED

    BORNEMANN / LILLIQUIST 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 #2011-08-045


    AB19284 6. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, REPEALING BELLINGHAM MUNICIPAL CODE CHAPTER 4.18, WHICH ESTABLISHED THE MOTOR VEHICLE INTOXICATION FUND

    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, SNAPP, WEISS
    NAYS:
    ABSTENTIONS:

    MOTION CARRIED 7-0 and was thereafter named Ordinance #2011-08-046


    AB19285 7. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, REPEALING BELLINGHAM MUNICIPAL CODE CHAPTER 4.42, WHICH ESTABLISHED THE MOUNT BAKER THEATRE FUND

    BORNEMANN / 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, SNAPP, WEISS
    NAYS:
    ABSTENTIONS:

    MOTION CARRIED 7-0 and was thereafter named Ordinance #2011-08-047


    OTHER BUSINESS

    EXECUTIVE SESSION – continued

    Potential Property Acquisition: Staff provided information on a potential property acquisition. Direction given. No action taken


    ADJOURNMENT
    There being no further business, the meeting adjourned at 8:57 p.m.


    Stan Snapp, Council President

    ATTEST: Linda D. Anderson City Clerk Representative
    APPROVED: 08/15/2011



    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.

    Top of Page ^ Top of page