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You are here: Home) Government) Council) Meeting Materials) February 11, 2013


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, February 11, 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
    Michael Lilliquist, Council Member, Sixth Ward
    Seth Fleetwood, Council Member, At Large

Excused:
    Terry Bornemann
    Council Member
    Fifth Ward

ANNOUNCEMENT(S)

    · February 12 - 14, Council Members Seth Fleetwood, Cathy Lehman, Stan Snapp and Michael Lilliquist will attend the Cities Legislative Action Conference in Olympia, Washington.
    · On Monday, February 25, 7:00 PM, in City Council Chambers, there will be a public hearing regarding text amendments to the Whatcom Falls Neighborhood Plan and a proposed rezone of Area 1.
    · On Monday, February 25, 7:00 PM, in City Council Chambers, there will be a public hearing regarding a legislative rezone of all of Area 14A, King Mountain Neighborhood.

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


APPROVAL OF MINUTES

None presented.

PRESENTATION(S)

AB19840 1. Introduction of Police Chief Cliff Cook

Information only.


AB19841 2. Presentation of Employee Recognition Awards


FINANCEFIRE
35 YEARS30 YEARS25 YEARS20 YEARS
Patricia SchroederKeith McLeanAnthony McGuinnToni L. Carpenter
Tracy Lester
Scott Peterson
Cynthia Sluys
Gregory Sluys
Pam Turner
LIBRARYMUSEUM
35 YEARS30 YEARS
Colleen MorsePatrick Dowling
PARKS & RECREATION
35 YEARS25 YEARS
Bobby KellnLloyd Peterson
POLICE
30 YEARS25 YEARS20 YEARS
Sue HowellDanette BeckleyRebecca deRuiter
Mike JohnstonMark Jones
William SlodyskoChristopher Lease
Pauline Renick
Richard Schwallie
Marty Starkovich
PUBLIC WORKS
40 YEARS35 YEARS30 YEARS25 YEARS
Rich CoffmanMickey BevensWilliam M. ReillyDorothy Baker
Gary HessDavid JaimeJoan Cady
Greg O’ConnellMyron Carlson
John Morse
20 YEARS
Robyn Arbogast
Larry Bateman
Randy Bolgen
Robert A. Carpenter
Rose Kelleher
Scott Lee
Hardy Nettles
Information only.

BREAK
Council President Fleetwood called the meeting back to order at 7:53 p.m.


15 MINUTE PUBLIC COMMENT PERIOD

Leonard Lindstrom discussed social issues.

The following people spoke in opposition to WinCo opening a store in Bellingham.
    Abe Jacobson
    Betsy Pernotto
    Dean Tuckerman
    Larry Hildes
    Rhonda Ivy
    Joe Metroki
    Jason Branson
    Richard Wait
    Karen Weil
    Karen S. She also asked the community to pick up litter for the well-being of our community and would like more trash and dog waste receptacles on trails and throughout the city.

Bob Burr explained that he is a defendant in a trial and took issue with the City Attorney and Mayor’s office for not returning his inquiries.

Rick Hannam spoke in opposition to Landlord Licensing.

Yoshé Revelle asked that the community follow his example of not littering and also picking up litter at every opportunity.

Marian Beddill advocated for clean water in Lake Whatcom and shared concerns about the increasing phosphorous content. She challenged the Council to reread the 21 items in the Joint Resolution between the City, County and Water District #10.

Matt P. said that homeowners have to disclose if they live within one mile of an airport. He said the FAA recommends 10,000 feet (nearly two miles) and is concerned that many people are not aware of that. He also has concerns about mitigation in the Bakerview area, especially with regard to wetlands.


PUBLIC HEARING(S)

AB19842 1. Consideration of code amendments to BMC 20.10.025(A) and BMC 20.00.110 to correct code errors and apply consistent development standards for Area 5 of the Meridian Neighborhood

“AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE (BMC) 20.10.025 A. AND BMC 20.00.110 MERIDIAN NEIGHBORHOOD TABLE OF ZONING REGULATIONS TO CORRECT CODE ERRORS AND OMISSIONS AND PROVIDE REGULATORY CONSISTENCY WITH OTHER DEVELOPMENT STANDARDS PRESCRIBED FOR AREA 5 OF THE MERIDIAN NEIGHBORHOOD.”

Public hearing held. No citizens spoke and the public hearing was closed.

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


Council Member Knutson left Council Chambers.


REPORTS OF COMMITTEES

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

AB19843 1. An Ordinance amending the 2013 Budget recognizing a $100,000 grant from the Department of Ecology to provide for monitoring and testing at the Eldridge Municipal Landfill

“ÁN ORDINANCE RELATING TO THE 2013 BUDGET INCREASING A STATE OF WASHINGTON DEPARTMENT OF ECOLOGY GRANT BY $100,000.00 TO THE SOLID WASTE FUND FOR THE ELDRIDGE MUNICIPAL LANDFILL PROJECT (EC15) AND PLACING THIS AMOUNT IN ESTIMATED ENDING UNDESIGNATED RESERVES.”

SNAPP / LILLIQUIST moved approval for first and second reading. MOTION CARRIED 5-0. (Knutson out of chambers).


AB19844 2. An Ordinance amending the 2013 Budget recognizing a $237,300 grant from the Washington State Department of Transportation for the Carl Cozier Safe Routes to School Program

AN ORDINANCE AMENDING THE 2013 BUDGET INCREASING REVENUE IN THE STREET FUND BY $237,300.00 AS A RESULT OF A WSDOT GRANT AWARD FOR THE SAFE ROUTES TO SCHOOL PROGRAM, APPROPRIATING $237,300.00 IN RELATED EXPENDITURES IN THE PUBLIC WORKS DEPARTMENT, AND APPROPRIATING AN ADDITIONAL $26,400.00 FOR PROGRAM EXPENDITURES FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE STREET FUND.”

SNAPP / WEISS moved approval for first and second reading. MOTION CARRIED 5-0. (Knutson out of chambers).


Council Member Knutson returned to Council Chambers.


AB19845 3. An Ordinance amending the 2013 Budget recognizing a $2,647,207 grant from WSDOT to provide for design and construction of the Chestnut-Bay Bridge Rehabilitation project

AN ORDINANCE AMENDING THE 2013 BUDGET INCREASING REVENUE IN THE STREET FUND BY $2,647,207.00 AS A RESULT OF A WSDOT GRANT AWARD TO REHABILITATE THE CHESTNUT / BAY BRIDGE AND APPROPRIATING $2,647,207.00 IN RELATED EXPENDITURES IN THE PUBLIC WORKS DEPARTMENT.”

Ted Carlson, Public Works Director noted that during construction this bridge will have to be fully closed. Construction will allow the city to lift the weight restriction and will provide a better option for a truck route. Although this item was scheduled in the out years on the Transportation Improvement Plan, the city was able to pursue this opportunity of a zero-match grant for this project.

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


AB19846 4. Budget Ordinance to reinstate one Project Engineer and add one full-time and one two-year limited-term Senior Inspector positions in the Public Works Department

“AN ORDINANCE RELATING TO THE 2013 BUDGET APPROPRIATING AN ADDITIONAL $263,979.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE STREET FUND TO PROVIDE FOR INCREASED STAFFING LEVELS IN THE PUBLIC WORKS ENGINEERING DIVISION.”

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


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

AB19847 1. Discussion of Department of Ecology's new State Environmental Policy Act [SEPA] maximum threshold for exemptions

Information only.


AB19827 2. Licensing options for residential rental properties

A survey has indicated that there are problems with education of tenants of their rights and their access to information.

A framework is being suggested that would include a three year pilot program in order to obtain measurable results of problems and how best to correct them. Issues to be considered: keep costs as low as possible; registration program; inspection options; options for education, compliance and communication issues and civil authority.

Mayor Linville explained that if the council directs the administration to proceed it will need to be added to the 2013 work plan.

Council Member Weiss noted that this item will be brought back to council for further discussion.

Information only.


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

AB19848 1. Budget Ordinance to allow for receipt and spending of $164,000 Puget Sound Partnership Lake Whatcom Grant

“AN ORDINANCE AMENDING THE 2013 BUDGET INCREASING REVENUE IN THE WATER FUND BY $164,000.00 AS A RESULT OF A PUGET SOUND PARTNERSHIP GRANT AWARD FOR IMPLEMENTATION OF A LAKE WHATCOM MANAGEMENT PROGRAM AQUATIC INVASIVE SPECIES PREVENTION PROGRAM, AND APPROPRIATING RELATED EXPENDITURES IN THE PUBLIC WORKS DEPARTMENT.”

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


AB19849 2. Budget Ordinance authorizing funding for Aquatic Invasive Species (AIS) inspection staff

AN ORDINANCE AMENDING THE 2013 BUDGET INCREASING APPROPRIATIONS IN THE WATER FUND TO BE USED TO PREVENT THE INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO LAKE WHATCOM.”

Ted Carlson, Public Works Director noted that staff will be bringing an Interlocal Agreement with Lake Whatcom Water & Sewer District for council consideration at a later date.

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


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

AB19850 1. Ordinance adopting the Bellingham Municipal Code, as revised, reformatted, indexed, codified, compiled, edited and republished by Code Publishing Company, Seattle, Washington

AN ORDINANCE ADOPTING THE BELLINGHAM MUNICIPAL CODE, AS REVISED, REFORMATTED, INDEXED, CODIFIED, COMPILED, EDITED, AND REPUBLISHED BY CODE PUBLISHING COMPANY, SEATTLE, WASHINGTON.”

A Public Hearing is scheduled for March 11, 2013 and the ordinance will be considered for Final Consideration.

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

          2. Approval of City Council Committee and/or Special Meeting Minutes
None submitted at evening meeting.
            3. Old/New Business

    None presented.


    Executive Session – Report and action only.

      1. Potential Property Acquisition: Cancelled.

      2. Litigation: Longo v. Bellingham Police Department: Staff provided information 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 Council on several items including restrictions on fireworks and the city’s interpretation of consumer fireworks; a citizen complaint; getting clarification from WinCo on several issues; and state legislative updates. A Department Head retreat is scheduled for February 22, 2013.


    AB19851 2. Mayor's appointment of David Webster to the Museum Foundation Board for Council's approval

    KNUTSON / SNAPP moved to approve the Mayor’s appointment of David Webster to the Museum Foundation Board, term ending February 11, 2016. MOTION CARRIED 6-0.


    AB19852 3. Mayor's reappointment of Alfred Arkley to the Lake Whatcom Watershed Advisory Board for Council's approval

    SNAPP / LILLIQUIST moved to approve the Mayor’s reappointment of Alfred Arkley to the Lake Whatcom Watershed Advisory Board, term ending February 24, 2016. MOTION CARRIED 6-0.



    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.

    AB19853 1. Ordinance to amend BMC 4.26.010 authorizing the Finance Director to use best accounting and business practices to establish department petty cash needs and limits

    “AN ORDINANCE RELATING TO THE CITY’S PETTY CASH AND REVOLVING FUNDS; ESTABLISHING THE OVERALL CITY LIMIT OF $40,000.00 AND AUTHORIZING THE FINANCE DIRECTOR TO MANAGE THE AMOUNTS AND LOCATION ACCORDING TO BEST BUSINESS AND ACCOUNTING PRACTICES.”

    AB19854 2. Authorization of checks issued for pay period January 3, 2013 through January 10, 2013 to correct AB19837

    AB19855 3. Authorization of checks issued for pay period January 18, 2013 through January 24, 2013

    AB19856 4. Authorization of checks issued for pay period January 25, 2013 through January 31, 2013

    AB19857 5. Authorization of checks issued for payroll January 11, 2013 through January 25, 2013

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


    FINAL CONSIDERATION OF ORDINANCES

    AB19829 1. AN ORDINANCE REPEALING BELLINGHAM MUNICIPAL CODE (BMC) CHAPTER 16.40, SHORELINES AND ADOPTING THE CITY’S 2013 SHORELINE MASTER PROGRAM AS BMC TITLE 22, SHORELINE MASTER PROGRAM

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

    MOTION CARRIED 6-0 and was thereafter named Ordinance #2013-02-005


    AB19832 2. AN ORDINANCE RELATING TO FINES FOR MISDEMEANORS; AMENDING BMC 1.28.010, BMC 4.60.030, BMC 4.70.030, BMC 6.10.110, BMC 13.40.150, BMC 15.42.110, BMC 16.60.090, BMC 16.70.140, BMC 18.52.010, BMC 20.52.010, BMC 20.52.020; AND THE MAXIMUM TERM OF INCARCERATION FOR GROSS MISDEMEANORS; AMENDING BMC 6.05.220, BMC 7.08.170, BMC 10.04.060, BMC 16.55.040, BMC16.80.150, BMC 17.10.020, BMC 17.20.020

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


    MOTION CARRIED 6-0 and was thereafter named Ordinance #2013-02-006


    OTHER BUSINESS

    Ted Carlson, Public Works Directed noted that there will be an open house meeting on February 12, 2013 at 6:30 p.m., Roosevelt Elementary School regarding the Alabama Corridor Project.


    ADJOURNMENT
    There being no further business, the meeting adjourned at 9:45 P.M.

    Seth Fleetwood, Council President

    ATTEST: Linda D. Anderson City Clerk Representative
    APPROVED: 02/25/2013



    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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