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You are here: Home) Government) Council) Meeting Materials) June 03, 2013


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, June 03, 2013, 07:00 PM
Book: 67, Page: 1


REGULAR MEETING


Called To Order The meeting was called to order by Council President Seth Fleetwood who led the Pledge of Allegiance.

Roll Call
Present:
    Jack Weiss, Council Member, First Ward
    Gene Knutson, Council Member, Second Ward
    Cathy Lehman, 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 Monday, June 17, at 7:00 PM, in City Council Chambers, there will be a public hearing regarding the surplus of 600 W Holly Street
    On Monday, July 15, at 7:00 PM, in City Council Chambers, there will be a public hearing regarding 2013-2014 Comprehensive Plan Amendment and Neighborhood Plan Amendment requests for docketing.

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 social issues.

Judy Collins 210 Horton Road, again requested help with obtaining water service at their residence. "What can we do to get water", she asked.

Annika Walters took issue with changing the name of Boulevard to Martin Luther King, Jr. Boulevard. She said, do not hop on the Martin Luther King, Jr. train; it does not match values or identity.


PRESENTATION(S)

AB19991 1. Recognition of 2013 Essence of Bellingham Photo Competition winners

Winners were presented in Best of Class: K-4th Grade; Best of Class: 5th-8th Grade; Best of Class: High School; Best of Show: 1st, 2nd & 3rd Place. Information only.


PUBLIC HEARING(S)

AB19986 1. An Ordinance prohibiting the possession and use of all consumer fireworks within the City of Bellingham

“AN ORDINANCE OF THE CITY OF BELLINGHAM PROHIBITING THE POSSESSION AND USE OF CONSUMER FIREWORKS AMENDING BMC 10.24.130, ADDING NEW SECTIONS TO BMC 10.24, AND PRESCRIBING PENALTIES.”

James Erb, Assistant City Attorney reviewed minor changes to section 3.

Mark Gill, Deputy Police Chief, stated that with regard to overtime costs; one unit for six hours costs $7,600. Last year there were 117 calls within a six hour period.

Council President Fleetwood opened the public hearing.

The following people spoke in support of a ban on fireworks:
Chip Anderson
Sherry Nelson
Janna Jacobson
David Harris
Tina Poley
Taimi Dunn Gorman
Dick Conoboy
Mary Chaney
Maureen Kane
Sigrid Powers
David Rabkin, DVM
Pinky Vargas
Richard Maneval
Clay Butler
Keith Frederickson

The following people opposed a ban on fireworks:
Liz Lisicich
Yvonne Laisure
Jerry Farley
Haley Robertson

There being no further comments, the public hearing was closed

KNUTSON / SNAPP moved approval for first and second reading. MOTION CARRIED 4-3, LILLIQUIST , FLEETWOOD , BORNEMANN opposed.

BREAK
Council President Fleetwood called the meeting back to order at 9:02 p.m.



REPORTS OF COMMITTEES

FINANCE and PERSONNEL COMMITTEE MOVED TO THIS POINT IN THE MEETING:

Finance and Personnel
Michael Lilliquist, Chair
Gene Knutson; Stan Snapp

AB19995 1. Discussion regarding a request from the Public Facilities Board to restructure the City loan

Presentation made during committee. Information only.


AB19996 2. Overview of Financial Management Guidelines, capital asset management and debt management

Presentation made during committee. Information only.


Public Works / Public Safety
Stan Snapp, Chair
Terry Bornemann; Gene Knutson

AB19992 1. Bid Award for Portland Cement Concrete Repairs, Bid #30B-2013

SNAPP / BORNEMANN moved to award Bid No. 30B-2013 for Portland Cement Concrete Repairs to S&S Concrete Construction, Inc. of Bellingham, WA 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 $258,475.00 for one year, which includes WSST. MOTION CARRIED 7-0.


AB19993 2. An Ordinance establishing new authority and standards for addressing and street naming within the city limits

AN ORDINANCE OF THE CITY OF BELLINGHAM ESTABLISHING NEW AUTHORITY AND STANDARDS FOR ADDRESSING AND STREET NAMING WITHIN THE CITY LIMITS BY REPEALING BELLINGHAM MUNICIPAL CODE SECTION 18.28.150 “STREET NAMING” AND ADOPTING BELLINGHAM MUNICIPAL CODE CHAPTER 17.30 “ADDRESSING AND STREET NAMING.”

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

Council Member Bornemann noted that staff has been directed to look at the concept of renaming a street in Bellingham to honor Martin Luther King, Jr.

Roger Christensen, Fire Chief, stated that due to the costs involved of renaming a street, it was suggested that a new street in the waterfront development area be named in honor of Martin Luther King, Jr.


AB19982 3. Worksession for Resolution to adopt the 2014 - 2019 Transportation Improvement Program [TIP]

“A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING THE 2014 - 2019 TRANSPORTATION IMPROVEMENT PROGRAM.”

Council Member Snapp noted that staff had introduced an additional project to the TIP: Project #22 which is North Shore Drive Non-motorized Improvements, Britton Road to City Limits, unfunded.

SNAPP / KNUTSON moved final approval of Resolution #2013-07.

Ted Carlson, Public Works Director summarized his comments from the Public Works Committee with regard to the Orchard Street Connector issues:

    Transportation analysis has shown that putting Orchard Street through as a full general purpose arterial, multi-modal connection will clearly provide benefit on existing intersections, namely the Sunset interchange and the Meridian corridor.
    It will provide another link to access the regional hospital and provide connection across I-5.
    The transportation connections will serve the land use and are timely.
    Timing is important and will help to coordinate with other projects in the area. There is limited space in this corridor so it makes sense to do them all together.

WEISS / LILLIQUIST moved to amend the TIP to remove Project #1, Commercial Green Loop Multimodal Improvements. MOTION FAILED 2-5, KNUTSON, LEHMAN, LILLIQUIST, SNAPP, BORNEMANN opposed.

WEISS moved to amend the TIP to remove Project #19, James Street Corridor Multimodal Arterial Connection. There was no second.

WEISS / FLEETWOOD moved to amend the TIP to remove the Orchard Drive Extension component of Project #16 (Orchard Drive Multimodal Arterial & Bay to Baker Trail Connection beneath I-5. MOTION FAILED 1-6, KNUTSON, LEHMAN, LILLIQUIST, FLEETWOOD, SNAPP, BORNEMANN opposed.

Mr. Carlson asked if council would like to add the North Shore Drive project. There was no action by the council.

MAIN MOTION CARRIED 5-2, SNAPP, WEISS opposed.


Planning and Community Development
Jack Weiss, Chair
Michael Lilliquist; Gene Knutson

AB19957 1. Consideration of the Pacific Highway Aldrich Road annexation consisting of approximately 262.5 acres located within the City's Northern Urban Growth Area

KNUTSON / BORNEMANN moved to direct staff to prepare an ordinance for introduction on July 1, 2013. MOTION CARRIED 7-0.


AB19994 2. Consideration of the Department of Ecology's [DOE] new State Environmental Policy Act [SEPA] maximum threshold levels for categorical exemptions

Presentation made during committee. Information only.

Council Member Weiss reported that the Planning & Community Development Committee had a good discussion with students at Western Washington University in regard to rental issues.

Finance and Personnel - moved to precede Public Works/Public Safety Committee


Parks and Recreation
Gene Knutson, Chair
Stan Snapp; Terry Bornemann

AB19997 1. Exemplary Human Environment Initiatives Award Presentation for Inspiration Point

Presentation made during committee. Information only.


Lake Whatcom Reservoir and Natural Resources
Cathy Lehman, Chair
Michael Lilliquist; Stan Snapp

AB19998 1. Lake Whatcom property acquisition criteria review

LEHMAN / SNAPP moved to approve the revised Watershed Advisory Board Criteria. MOTION CARRIED 7-0.

Waterfront/Downtown Development
Terry Bornemann, Chair
Cathy Lehman; Jack Weiss

AB19999 1. Presentation of the City of Bellingham's Model Toxics Control Act [MTCA] cleanup sites located within the Waterfront District

Presentation made during committee. Information only.


Committee Of The Whole
Seth Fleetwood, Chair
Jack Weiss, Gene Knutson, Cathy Lehman, Stan Snapp, Michael Lilliquist, Terry Bornemann

AB20000 1. An Ordinance relating to the 2013 Budget deleting Non-Benefited Labor in the Information Technology Services Department, Government Access TV Group and creating one Part-time Regular position effective July 1, 2013

AN ORDINANCE RELATING TO THE 2013 BUDGET APPROPRIATING AN ADDITIONAL $1,651.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE PUBLIC EDUCATION AND GOVERNMENT ACCESS TV FUND AND REALLOCATING EXPENDITURES IN THE INFORMATION TECHNOLOGY DEPARTMENT TO PROVIDE FOR THE ADDITION OF A PART-TIME POSITION.”

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


AB20001 2. Technology Update Report

Presentation made during committee. Information only.


AB20002 3. Policy discussion regarding expansion of PEG Access Television

Presentation made during committee. Information only.


AB19918 4. Ordinance to amend the Bellingham Comprehensive Plan to add an Economic Development Chapter

AN ORDINANCE AMENDING THE CITY OF BELLINGHAM COMPREHENSIVE PLAN, ADDING A NEW ECONOMIC DEVELOPMENT CHAPTER, IN ACCORDANCE WITH THE STATE GROWTH MANAGEMENT ACT (RCW CHAPTER 36.70A) AND BELLINGHAM MUNICIPAL CODE 21.10.150 AND 20.20.030.”

LILLIQUIST / KNUTSON moved approval for first and second reading as amended during committee.

LEHMAN / KNUTSON moved to reconsider. MOTION CARRIED 7-0

LEHMAN / KNUTSON moved to amend the ordinance and directed staff to amend the ordinance to include sub-area plans and Barkley Village. MOTION CARRIED 7-0.

KNUTSON / LEHMAN moved approval for first and second reading as amended (to include sub-area plans and Barkley Village). MOTION CARRIED 7-0.


AB20003 5. Budget proposal for funding support in 2014 for an independent Health Impact Assessment [HIA] related to the Gateway Pacific Terminal project

FLEETWOOD / KNUTSON moved to request that the Mayor consider funding support in 2014 for an independent Health Impact Assessment related to the Gateway Pacific Terminal. MOTION CARRIED 7-0.

          6. Approval of City Council Committee and/or Special Meeting minutes

None submitted at evening meeting.

          7. Old/New business
Council President Fleetwood reported that the Council has directed staff to purchase a speech timer clock.

Council President Fleetwood reported that the Council has directed staff to prepare a resolution establishing a policy that upon the close of oral testimony for a public hearing, the written record will remain open until the final vote on the item is taken.
    Executive Session - Report and action only.


    1. Litigation: New Cingular Wireless v. City of Bellingham: Staff provided an update on this litigation matter. Direction given. No action taken.

    2. Potential Litigation: Staff provided information on a potential litigation matter. 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.
    Mayor Linville provided:
      Legislative update: the special session will end July 11. The Mayor is concerned about MTCA funding and Public Works dollars and maintaining that money for clean up as opposed to putting it in the General Fund and using those two accounts to balance the budget.
      Explained that the Planning and Development Commission will make their recommendations on Waterfront Development later this month and the item will come to council for discussion in late summer.
      The temporary span for the Skagit River Bridge should be in place by mid-June with a permanent replacement anticipated in September or October.


    AB20004 2. Mayor's appointment of Brad Sherman to the Mayor's Neighborhood Advisory Commission as the Co-Chair Western Washington University Representative for Council's information

    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.

    AB20005 1. Ordinance relating to the 2013 Budget appropriating $30,000 from estimated ending designated reserves in the Library Gift Fund

    AN ORDINANCE RELATING TO THE 2013 BUDGET APPROPRIATING AN ADDITIONAL $30,000.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE LIBRARY GIFT FUND TO PROVIDE FOR ADDITIONAL CIRCULATION MATERIALS, SUPPLIES AND STRATEGIC PLANNING EXPENDITURES.”

    AB20006 2. Authorization of checks issued for pay period May 10, 2013 through May 16, 2013

    AB20007 3. Authorization of checks issued for pay period May 17, 2013 through May 23, 2013

    AB20008 4. Authorization of checks issued for payroll May 11, 2013 through May 24, 2013

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


    FINAL CONSIDERATION OF ORDINANCES

    AB19984 1. AN ORDINANCE RELATING TO THE 2013 BUDGET APPROPRIATING AN ADDITIONAL $52,020.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE STREET FUND FOR TRANSFER TO THE GOVERNMENTAL DEBT SERVICE FUND, AND APPROPRIATING DEBT SERVICE PAYMENTS IN THAT FUND TO BEGIN REPAYMENT OF AN EDI BOARD-APPROVED LOAN FOR THE WEST BAKERVIEW OVERPASS SAFETY IMPROVEMENTS PROJECT

    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, FLEETWOOD, LEHMAN, KNUTSON, LILLIQUIST, SNAPP, WEISS
    NAYS:
    ABSTENTIONS:

    MOTION CARRIED 7-0 and was thereafter named Ordinance #2013-06-038


    AB19987 2. AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 17.10 TO ADOPT BY REFERENCE THE 2012 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL ENERGY CONSERVATION CODE, UNIFORM PLUMBING CODE, AND WASHINGTON CITIES ELECTRIC CODE, AND THE 2011 EDITION OF THE LIQUEFIED PETROLEUM GAS CODE, AS AMENDED, AS SET FORTH HEREIN

    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, FLEETWOOD, LEHMAN, KNUTSON, LILLIQUIST, SNAPP, WEISS
    NAYS:
    ABSTENTIONS:

    MOTION CARRIED 7-0 and was thereafter named Ordinance #2013-06-039


    AB19988 3. AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 17.20 TO ADOPT BY REFERENCE THE 2012 EDITIONS OF THE INTERNATIONAL FIRE CODE

    SNAPP / 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, FLEETWOOD, LEHMAN, KNUTSON, LILLIQUIST, SNAPP, WEISS
    NAYS:
    ABSTENTIONS:

    MOTION CARRIED 7-0 and was thereafter named Ordinance #2013-06-040


    ADJOURNMENT
    There being no further business, the meeting adjourned at 10:40 p.m. Seth Fleetwood, Council President

    ATTEST: Linda D. Anderson City Clerk Representative
    APPROVED: 06/17/2013



    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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