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RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, March 28, 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 Council Member Seth Fleetwood.

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 Wednesday, March 30, 6:30 to 8:30 p.m., there will be a Joint Councils and Commissioners meeting in City Council Chambers. Members of the Bellingham City Council, Whatcom County Council, and Lake Whatcom Water and Sewer District Commission will be briefed by staff regarding the work planned for 2011 in the Lake Whatcom Watershed.

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


APPROVAL OF MINUTES

KNUTSON / BUCHANAN moved approval of the March 14, 2011 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0.



15 - MINUTE PUBLIC COMMENT PERIOD

Leonard Lindstrom addressed the council on social issues.

Bill Black noted that he feels it is a hazard for pedestrians using enhanced crosswalks because the pedestrian cannot tell if the blinking lights are actually blinking and asked that Public Works look into the situation.

Betsy Gross spoke in support of a ban on single use plastic bags [AB 19147 - Bag It].

Vince Biciunas spoke in support of a ban on single use plastic bags [AB 19147 - Bag It].

Annie Prevost spoke in support of a ban on single use plastic bags [AB 19147 - Bag It].

Jeremy Brown spoke in support of a ban on single use plastic bags [AB 19147 - Bag It].

Charles Law along with other residents of Roosevelt Neighborhood thanked the council [Transportation Benefit District (TBD)] for voting to put a crosswalk on Alabama Street.

Ginny Broadhurst spoke in support of a ban on single use plastic bags [AB 19147 - Bag It].

Bruce Deile described his health concerns and his experience in taking a breathing test and being given a drug without his consent.

Heather Trim member of People for Puget Sound, spoke in support of a ban on single use plastic bags [AB 19147 - Bag It].

Tom Day spoke in support of a ban on single use plastic bags [AB 19147 - Bag It].

Perry Eskridge Whatcom Association of Realtors addressed the regulation of signs in city rights-of-way median strips [ AB 19150] and urged that council take no action on this item. He feels it is unnecessary and is “a solution looking for a problem.”

Adrienne Lederer spoke in support of rental landlord licensing and inspections.

Helen McLeod spoke in support of a ban on single use plastic bags [AB 19147 - Bag It].

Lynn Doremas spoke in support of a ban on single use plastic bags [AB 19147 - Bag It].

Myra Harmer spoke in support of a ban on single use plastic bags [AB 19147 - Bag It].

Kathleen Ing spoke in support of a ban on single use plastic bags [AB 19147 - Bag It].

Jill MacIntyre Witt spoke in support of a ban on single use plastic bags [AB 19147 - Bag It].


PRESENTATION(S)

AB19146 1. MAYORAL PROCLAMATION FOR PARLIAMENTARY LAW MONTH

Mayor Pike proclaimed April, 2011 as Parliamentary Law Month and presented the proclamation to Anne McCartney. Information only.


REPORTS OF COMMITTEES


COUNCIL STANDING COMMITTEE MEETINGS:

FINANCE & PERSONNEL
MEMBERS: CHAIR, MICHAEL LILLIQUIST; BARRY BUCHANAN; SETH FLEETWOOD

AB19132 1. EXPLANATION OF REVISIONS TO ORDINANCE TO ADJUST ESTIMATED 2011 BUDGETED BEGINNING RESERVE BALANCES PRIOR TO ADOPTION ON THIRD AND FINAL READING

Information only. See Final Consideration of Ordinances.


AB19133 2. EXPLANATION OF REVISIONS TO ORDINANCE TO AUTHORIZE REAPPROPRIATIONS FOR GOODS AND SERVICES ORDERED IN 2010, BUT UNPAID AT YEAR-END CLOSING PRIOR TO ADOPTION ON THIRD AND FINAL READING

Information only. See Final Consideration of Ordinances.


AB19134 3. EXPLANATION OF REVISIONS TO ORDINANCE TO AUTHORIZE REAPPROPRIATIONS FOR GOODS AND SERVICES BUDGETED IN 2010 BUT UNENCUMBERED AT YEAR END PRIOR TO ADOPTION ON THIRD AND FINAL READING

Information only. See Final Consideration of Ordinances.


LAKE WHATCOM RESERVOIR & NATURAL RESOURCES
MEMBERS: CHAIR, SETH FLEETWOOD; MICHAEL LILLIQUIST; BARRY BUCHANAN; GENE KNUTSON

AB19147 1. PRESENTATION BY BAG IT BELLINGHAM

Presentation made during committee. Information only.


PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: CHAIR, BARRY BUCHANAN; JACK WEISS; GENE KNUTSON

AB19148 1. ORDINANCE TO AMEND THE 2011 BUDGET FOR THE PURPOSE OF RECORDING THE SOURCES AND USES RELATED TO THE QUALIFIED ENERGY CONSERVATION BOND (QECB)

AN ORDINANCE RELATING TO THE 2011 BUDGET FOR THE PURPOSE OF RECORDING THE SOURCES AND USES RELATED TO THE QUALIFIED ENERGY CONSERVATION BOND ISSUE FOR ENERGY EFFICIENCY UPGRADES TO MUNICIPAL FACILITIES.”

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

PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: CHAIR, JACK WEISS; MICHAEL LILLIQUIST; SETH FLEETWOOD; GENE KNUTSON

AB19149 1. STATUS UPDATE ON FAIRHAVEN NEIGHBORHOOD AND URBAN VILLAGE PLANNING EFFORT

Council Member Weiss reported that next steps are meetings with stakeholders and the public. Information only.


AB19150 2. REGULATION OF SIGNS IN CITY RIGHTS-OF-WAY MEDIAN STRIPS

LILLIQUIST / WEISS moved to direct staff to proceed with drafting an ordinance which includes, Options 1 and 2 from the staff report: (1) restrict all temporary signs (except those approved by the city and necessary for public safety) in the right-of-way median strips in city streets; and (2), provide notice, in city ordinance, that individuals posting signs must get permission from private property owners immediately adjacent to rights-of-way before posting signs.

Council Member Bornemann will not support the motion. He said some research has already been done and he feels it would use too much staff time for something that is not that big of a problem. There are already regulations regarding signage.

Council Member Lilliquist said there is a lot of misunderstanding around this and it is about signs that are in the middle of the street. He does not feel enforcement would be a problem and would be a proactive step in regulating signs in the median.

Council Member Buchanan will not support the motion. Staff time is an issue in addition to time required for enforcement and he feels it is not that big of a problem.

MOTION CARRIED 4-3, BUCHANAN, BORNEMANN, FLEETWOOD, OPPOSED.


PARKS AND RECREATION
MEMBERS: CHAIR, GENE KNUTSON; TERRY BORNEMANN; SETH FLEETWOOD

AB19151 1. WHATCOM WATERFRONT MASTER PLAN AMENDMENT (MARITIME HERITAGE PARK PLAYGROUND) REVIEW AND ADOPTION

KNUTSON / LILLIQUIST moved to approve the proposed revisions to the Maritime Heritage Park Master Plan. MOTION CARRIED 7-0



WATERFRONT DEVELOPMENT COMMITTEE
MEMBERS: CHAIR, TERRY BORNEMANN; JACK WEISS; MICHAEL LILLIQUIST; GENE KNUTSON

AB19152 1. PROPOSED CORNWALL AVENUE LANDFILL INTERIM ACTION PLAN

Council Member Bornemann reported that next steps are: Agreed Order Amendment Development, Public Comment and Interim Action Plan with Port Commission and City Council consideration to occur Spring, 2011. Information only.


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

Council Member Fleetwood noted that Bellingham was featured in Sunset Magazine as one of the Best Places to Play Year Round.

WEISS / BUCHANAN moved to direct staff to prepare a proclamation of the City Council proclaiming April 12, 2011, Bellingham Transportation Commission Appreciation Day. MOTION CARRIED 7-0.


EXECUTIVE SESSION - Report & Action only.

1. POTENTIAL PROPERTY ACQUISITION: Staff provided information on the acquisition of 11.46 acres on King Mountain Road. The purchase price is $253,000. The sellers are Kenneth, Thomas and Janet Bowhay.

BORNEMANN / KNUTSON moved to authorize the purchase of said property at a purchase price of $253,000. MOTION CARRIED 7-0.

2. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Direction given. No action taken.

3. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Direction given. No action taken.

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

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

6. LITIGATION: Port of Bellingham v. City of Bellingham: 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.

AB19153 2. MAYOR’S APPOINTMENT OF BOB SANDERS TO THE GREENWAY ADVISORY COMMITTEE

WEISS / LILLIQUIST moved to authorize the Mayor’s appointment of Bob Sanders to the Greenway Advisory Committee, term ending March 30, 2012. MOTION CARRIED 7-0.


AB19154 3. MAYOR’S REAPPOINTMENT OF DAVE CHRISTENSEN TO THE HISTORIC PRESERVATION COMMISSION

BORNEMANN / KNUTSON moved to authorize the Mayor’s reappointment of Dave Christensen to the Historic Preservation Commission, term ending March 1, 2014. MOTION CARRIED 7-0.


AB19155 4. MAYOR’S REAPPOINTMENT OF SARAH ROSE TO THE WHATCOM MUSEUM FOUNDATION BOARD

BORNEMANN / BUCHANAN moved to approve the Mayor’s reappointment of Sarah Rose to the Whatcom Museum Foundation Board, term ending March 1, 2014. MOTION CARRIED 7-0.


AB19156 5. MAYOR’S APPOINTMENT OF JIM GEBHARDT TO THE PUBLIC WORKS ADVISORY BOARD

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.

AB19157 1. ORDINANCE ALLOCATING FUNDING FROM GENERAL FUND RESERVES FOR PHYSICAL IMPROVEMENTS NEEDED IN CITY-OWNED BUILDING THAT HOUSES MUNICIPAL COURT JUDICIAL SERVICES, ITSD AND BTV10.

"AN ORDINANCE RELATING TO THE 2011 BUDGET APPROPRIATING $63,250.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE GENERAL FUND TO BE USED FOR SECURITY ENHANCEMENTS AT THE MUNICIPAL COURT BUILDING."

AB19158 2. BID AWARD FOR ANNUAL PORTLAND CEMENT CONCRETE REPAIRS, BID 13B-2011

AB19159 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM MARCH 11, 2011 TO MARCH 17, 2011

AB19160 4. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM FEBRUARY 16, 2011 TO FEBRUARY 28, 2011

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



FINAL CONSIDERATION OF ORDINANCES

AB19129 1. AN ORDINANCE RELATING TO UTILITY SERVICE ZONE EXTENSION, PURSUANT TO MUNICIPAL CODE CHAPTER 15.36, AND PROVIDING FOR THE EXPANSION OF SEWER SERVICE ZONE #223 PURSUANT TO CERTAIN TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED HEREIN

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, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2011-03-012


AB19131 2. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, PROVIDING FOR THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $6,500,000 TO FINANCE CAPITAL ADDITIONS, BETTERMENTS, AND IMPROVEMENTS TO CITY FACILITIES; PROVIDING THE FORM AND TERMS OF THE BONDS; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS

WEISS / 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 #2011-03-013.


AB19132 3. AN ORDINANCE RELATING TO THE 2011 BUDGET RECONCILING THE DIFFERENCES BETWEEN BUDGETED ESTIMATED 2011 BEGINNING RESERVE BALANCES AND ACTUAL 2011 BEGINNING RESERVE BALANCES, AND PLACING THE DIFFERENCES IN THE ENDING RESERVE BALANCES FOR A NET RESERVE INCREASE OF $40,090,547.36

LILLIQUIST / BORNEMANN moved approval for third and final reading as amended. 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 #2011-03-014 as amended.


AB19133 4. AN ORDINANCE RELATING TO THE 2011 BUDGET APPROPRIATING $10,350,169.13 IN ADDITIONAL FUNDS TO PAY FOR GOODS AND SERVICES ORDERED IN 2010 BUT UNPAID AT YEAR END CLOSING, FROM UNANTICIPATED REVENUE AND ESTIMATED ENDING RESERVE BALANCES

LILLIQUIST / KNUTSON moved approval for third and final reading as amended. 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 #2011-03-015 as amended.


AB19134 5. AN ORDINANCE RELATING TO THE 2011 BUDGET APPROPRIATING $47,794,955.87 IN ADDITIONAL RESOURCES TO PAY FOR GOODS AND SERVICES THAT WERE AUTHORIZED IN 2010 BUT WERE NOT OBLIGATED BY PURCHASE ORDER OR CONTRACT BY YEAR END, FROM ESTIMATED RESERVES AND UNANTICIPATED REVENUE AND PLACING $273,184.94 IN ESTIMATED ENDING UNDESIGNATED RESERVES

LILLIQUIST / KNUTSON moved approval for third and final reading as amended. 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 #2011-03-016 as amended.


AB19140 6. AN ORDINANCE RELATING TO THE 2011 BUDGET RECOGNIZING AWARD OF A $123,107.00 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY GRANT TO THE STORM AND SURFACE WATER FUND FOR THE STORMWATER UNIVERSITY PROJECT (EV94) AND APPROPRIATING $164,142.00 IN RELATED EXPENDITURES

BORNEMANN / 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, SNAPP, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2011-03-017.


AB19141 7. AN ORDINANCE RELATING TO THE 2011 BUDGET RECOGNIZING AWARD OF A $500,000.00 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY GRANT TO THE STORM AND SURFACE WATER FUND FOR THE LAKE WHATCOM HOMEOWNER INCENTIVE PROGRAM (EV90), AND APPROPRIATING $666,666.00 IN RELATED EXPENDITURES

BUCHANAN / 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, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2011-03-018.




ADJOURNMENT
There being no further business, the meeting adjourned at 8:28 p.m.

Stan Snapp, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 04/11/2011



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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