Skip to page contents
Contact Us Site Map
You are here: Home) Government) Council) Meeting Materials) June 17, 2013


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, June 17, 2013, 07:00 PM
Book: 67, Page: 1


REGULAR MEETING


Called To Order The meeting was called to order by Council President Pro Tem Michael Lilliquist 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

Excused:
    Seth Fleetwood
    Council Member
    At Large

ANNOUNCEMENT(S)
    On Monday, July 15th, at 7:00 PM, in City Council Chambers, there will be a public hearing regarding five proposed Comprehensive Plan amendments for docketing for review in 2013/2014 located in: Samish, Happy Valley and Cordata Neighborhoods, Meridian, Cornwall Park and South Neighborhoods and a city-wide update to the Parks, Recreation And Open Space Plan.

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


APPROVAL OF MINUTES

SNAPP / KNUTSON moved approval of the May 13, 2013 minutes of the regular City Council meeting as submitted. MOTION CARRIED 5-0-1, KNUTSON abstained.

LEHMAN / KNUTSON moved approval of the May 20, 2013 and June 3, 2013 minutes of the regular City Council meetings as submitted. MOTION CARRIED 6-0.


15 - MINUTE PUBLIC COMMENT PERIOD

Leonard Lindstrom discussed social issues.

Don Hickey spoke on behalf of his mother-in-law, Marge Newman, property owner at 1883 Yew Street Road requesting that Yew Street be added to the 2016 Comprehensive Plan. He was told by the county that Mrs. Newman’s only chance to sell part of her property or to build an additional house for family, relies on the city. If there is no chance for annexation or the city does not want Yew Street Road added to the 2016 Comprehensive Plan; he asked that he get a rejection letter from the Mayor or City Council before September 3rd, so that he can take his request for a change in zoning back to the County Council.

Bill Geyer discussed methods of repayment of the $3.2 million loan that relates to the Chuckanut Ridge property using private funds to repay most, if not all, of the loan such as: 1) define an amount of TDR's to place on the market 2) sell a portion of the site (approximately 12 acres are developable) and, 3) generate private capital in way of lease payments to the city (e.g. Woods Coffee at Boulevard Park) and working with companies that might be interested in coupling the use of trails in a research capacity or marketing effort for their product such REI, Nike, The North Face, Columbia, mountain bike companies, etc. He asked council to direct staff to pursue private mechanisms before bringing this tax burden to the citizens.


REPORTS OF COMMITTEES

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

AB20009 1. Budget Ordinance to transfer mail services function from the Finance Department to the Public Works Warehouse Department and reclassifying two part-time positions into one full-time position

AN ORDINANCE RELATING TO THE 2013 BUDGET RECLASSIFYING POSITIONS IN THE FINANCE AND PUBLIC WORKS DEPARTMENTS TO PROVIDE FOR THE TRANSFER OF MAIL SERVICES TO THE PUBLIC WORKS WAREHOUSE GROUP, WHERE NO ADDITIONAL APPROPRIATIONS OR REALLOCATION OF FUNDS IS REQUIRED.”

SNAPP / KNUTSON moved approval for first and second reading. MOTION CARRIED 6-0.


AB20010 2. Budget Ordinance to provide funding for purchase of land necessary to construct a regional stormwater and wetland facility

AN ORDINANCE RELATING TO THE 2013 BUDGET TRANSFERRING $500,000.00 FROM THE STREET FUND AND $1,000,000.00 FROM THE LID GUARANTY FUND TO THE SURFACE AND STORMWATER FUND AND APPROPRIATING $1,850,000 IN THE SURFACE AND STORMWATER FUND TO PURCHASE LAND FOR THE CREATION OF A REGIONAL STORMWATER FACILITY.”

SNAPP / KNUTSON moved approval for first and second reading. MOTION CARRIED 6-0.


AB20011 3. Update on Lake Whatcom Water and Sewer District [LWWSD] contract for wholesale wastewater treatment

Presentation made during committee. Information only.


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

AB19827 1. Discussion of a Rental Registration and Inspection Program

WEISS / KNUTSON moved to request that the Mayor allocate resources in the 2014 budget, including needed staff resources to develop a program or comparable activities to educate and enforce health and safety standards at rental properties in Bellingham using the following as guidance:

I. Overarching Goal: "The goal of the program is to ensure that all rental housing in the city meets specific minimum life safety and fire safety standards.”

II. Outcomes or options to be included or considered:
      1. Focus enforcement on a subset of critical health and safety measures as identified in RCW’s and the International Property Maintenance Code.
      2. Ensure adequate resources for enforcement, long-term.
      3. Provide adequate resources for tenant and property owner education concerning rights, responsibilities and compliance issues.
      4. Provide safe avenues for tenant complaints (e.g. program or activities would deal with concern over retaliation against tenants, etc.).
      5. Provide for adequate penalties to create incentives for compliance.
      6. Create a comprehensive up-to-date database of rental properties.
      7. Consider a self-certification option as part of any inspection program.
      8. Consider inspection of samples of units as an ‘audit’ function.
    III. Guidelines for Creating a Least-Cost Program
        1. Keep fees as low as possible to ensure that a program does not unduly impact the rental market.
        2. Consider a minimum three-year program with sufficient data collection mechanisms to provide information to Council for a program extension, if necessary.
        3. Focus attention on properties with violations to reduce burdens on other owners.
        4. Emphasize a program educational approach that helps prevent health and safety violations from occurring through encouraging proper and frequent owner self-inspection and maintenance.
      MOTION CARRIED 6-0.


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

      AB20012 1. Authorization for the Mayor to enter into an Interlocal Agreement with Whatcom County for the Lake Whatcom Homeowner Incentive Program [HIP]

      LEHMAN KNUTSON moved to authorize the Mayor to enter into an Interlocal Agreement with Whatcom County for the Lake Whatcom Homeowner Incentive Program (HIP). MOTION CARRIED 6-0.


      AB20013 2. Natural Resources Quarterly Update

      Presentation made during committee. Information only.


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

      AB20014 1. Conditions for Interlocal Agreement with Chuckanut Community Forest Park District

      Council Member Knutson reported that this proposal will go before the Park District on June 27th after which, staff will bring it back before Council.


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

      AB20015 1. Presentation of the Bellingham Whatcom County Tourism 2013 Marketing Plan

      Presentation made during committee. Information only.


      AB20016 2. Annual Report on Tourism Fund

      Presentation made during committee. Information only.


      AB19883 3. Authorization for the Mayor to enter into the Army Street Property Owner Letter of Intent with the Bellingham Public Development Authority [BPDA]

      WEISS / BORNEMANN moved to authorize the Mayor to enter into the Army Street Property Owner Letter of Intent with the Bellingham Public Development Authority (BPDA). MOTION CARRIED 6-0


      AB20017 4. An Ordinance granting a non-exclusive telecommunications franchise to Astound Broadband, LLC

      AN ORDINANCE GRANTING ASTOUND BROADBAND, LLC A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN TELECOMMUNICATIONS FACILITIES FOR THE TRANSMISSION OF TELECOMMUNICATIONS IN, THROUGH, OVER AND UNDER THE RIGHTS-OF-WAY WITHIN THE CITY OF BELLINGHAM.”

      KNUTSON / BORNEMANN moved approval for first and second reading. MOTION CARRIED 6-0.


      AB20018 5. Review with Council the schedule for modifying the 2014 Budget and seek input about Council Budgeting Priorities

      Presentation made during committee. Information only.


      AB20019 6. Closed Record Public Hearing to Consider an Ordinance approving a site specific rezone at 348 W Bakerview Road

      “AN ORDINANCE RELATING TO LAND USE PLANNING AND ZONING, SPECIFICALLY REZONING APPROXIMATELY 2.4 ACRES AND CREATING A NEW SUBAREA (17A) IN THE CORDATA NEIGHBORHOOD ZONING TABLE AND ZONING MAP. THE CREATION OF THE NEW SUBAREA REMOVES THE REQUIREMENT FOR A MINIMUM PLANNED CONTRACT SITE PLAN - RESIDENTIAL 4 ACRES, COMMERCIAL 8 ACRES.”

      Council President Pro Tem Lilliquist reported that council voted unanimously during the Closed Record Hearing to accept the Findings of Fact, Conclusions and Recommendations of the Planning Commission and approve the site-specific rezone.

      BORNEMANN / KNUTSON moved approval for first and second reading. MOTION CARRIED 6-0.
              7. Approval of City Council Committee and/or Special Meeting minutes

      None submitted at evening meeting.

              8. Old/New business

      Res. #2013-07 KNUTSON / SNAPP moved to reconsider Resolution #2013-07 adopting the 2014 - 2019 Transportation Improvement Program (TIP). MOTION CARRIED 4-2, LEHMAN, BORNEMANN opposed.

      Res. #2013-08 KNUTSON / SNAPP moved final approval of Resolution #2013-08 adopting the 2014 - 2019 Transportation Improvement Program with the addition of Project #22 Northshore Drive Non-motorized Improvements (Britton Rd to City limits)

      "A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING THE 2014 - 2019 TRANSPORTATION IMPROVEMENT PROGRAM." [RESCINDS RES. 2013-07.]

      MOTION CARRIED 4-2, LEHMAN, BORNEMANN opposed.


      Executive Session – Report and action only.


      1. Potential Property Sale: Staff provided information on a potential property sale. Information only. No action taken.

      2. Potential Litigation: Claim No. 2012-17: Staff provided an update on a litigation matter. Direction given. 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 briefed the council on:
        Legislative update: session reconvened on June 12; working to resolve budget differences; MTCA and other bills that will aid in environmental cleanup have been passed.
        Planning and Development Commission has completed their review of the Waterfront Plan and has recommended approval with changes. The plan will come before council during the summer.
        Review and recommendations by Citywide Housing Affordability work group are planned throughout the summer.
        Invasive Species Program is now open and working well.


      AB20020 2. Mayor's reappointment of Charles Matthews to the Greenways Advisory Committee for Council's Approval

      KNUTSON / SNAPP moved to authorize the Mayor’s reappointment of Charles Matthews to the Greenways Advisory Committee, term ending July 31, 2016. MOTION CARRIED 6-0.


      AB20021 3. Mayor's appointment of Joel Bergsbaken to the Community Development Advisory Board 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.

      AB20022 1. Resolution relating to City of Bellingham legislative process to maintain the written record following Public Hearings until Council makes a final decision

      Res. #2013-09 “A RESOLUTION RELATING TO CITY OF BELLINGHAM LEGISLATIVE PROCESSES TO MAINTAIN THE WRITTEN RECORD OPEN FOLLOWING PUBLIC HEARINGS UNTIL FINAL DECISION, UNLESS OTHERWISE SPECIFIED BY CITY COUNCIL."

      AB20023 2. An Ordinance repealing BMC 6.17.500 to eliminate a conflict with the municipal code

      AN ORDINANCE REPEALING BMC 6.17.500 TO ELIMINATE A CONFLICT WITHIN THE CODE.”

      AB20024 3. Bid Award for State and Maple Intersection Improvements, ES-0458, Bid #36B-2013

      AB20025 4. Interlocal Purchasing Agreement with the Department of Enterprises Service [DES]

      AB20026 5. Authorization of checks issued for pay period May 24, 2013 through May 30, 2013

      AB20027 6. Authorization of checks issued for pay period May 31, 2013 through June 6, 2013

      AB20028 7. Authorization of checks issued for payroll May 25, 2013 through June 10, 2013

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



      FINAL CONSIDERATION OF ORDINANCES

      AB19859 1. AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO BELLINGHAM'S COMPREHENSIVE PLAN, UPDATING THE WHATCOM FALLS NEIGHBORHOOD PLAN AND REZONING AREA 1 OF THE WHATCOM FALLS NEIGHBORHOOD, AMENDING THE NEIGHBORHOOD PLAN LAND USE MAP, ZONING MAP AND BELLINGHAM MUNICIPAL CODE 20.00.230

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

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2013-06-041


      AB19918 2. 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

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

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2013-06-042


      AB19986 3. 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

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

      MOTION CARRIED 4-2 and was thereafter named Ordinance #2013-06-043


      AB19993 4. 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 / 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, LEHMAN, KNUTSON, LILLIQUIST, SNAPP, WEISS
      NAYS:
      ABSTENTIONS:
      EXCUSED: FLEETWOOD

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2013-06-044


      AB20000 5. 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 NEW PART-TIME POSITION

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

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2013-06-045


      AB20005 6. 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

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

      MOTION CARRIED 6-0 and was thereafter named Ordinance #2013-06-046




      ADJOURNMENT
      There being no further business, the meeting adjourned at 8:37 p.m.

      Seth Fleetwood, Council President

      ATTEST: Linda D. Anderson City Clerk Representative
      APPROVED: 07/01/2013



      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.

      Top of Page ^ Top of page