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You are here: Home) Government) Council) Meeting Materials) February 28, 2011


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, February 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 Charlie Sheldon.

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 Monday, March 14, 1:00 - 1:55 p.m. in Council Chambers there will be a meeting of the Transportation Benefit District No. 1 Board to review and approve an Interlocal Agreement between WTA and the TBD and an Interlocal Agreement between the TBD and the City of Bellingham.
    The March 14th City Council Committee Meeting will begin at 2:00 pm following the TBD Meeting.

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


APPROVAL OF MINUTES

KNUTSON / BUCHANAN moved approval of the February 7, 2011 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.


15 - MINUTE PUBLIC COMMENT PERIOD

Dylan Woods and two other Whatcom Community College students reviewed parking [fees] concerns in the downtown area and said they have some ideas that include monthly parking stickers and short term free parking that may be helpful.

Council Member Weiss recommended that they contact the Transportation Commission to share their ideas.

Charles Law reiterated his concerns with regard to pedestrian safety and the lack of crosswalks on Alabama Street between Pacific and Woburn Streets.

Wesley Dyer addressed rental/landlord licensing and described a classmate's rental unit and concerns regarding poor maintenance on the house. Mr. Dyer urged strong and potent rental codes/licensing.

Nicole Hicks addressed rental/landlord licensing; described situations she has had and urged strong enforcement of minimum standards to ensure safety of Bellingham renters.

Christopher Brown addressed rental/landlord licensing; described situations he has had and said he feels rental licensing and inspections are the only way to improve this situation.

Andrea Lavelle addressed rental/landlord licensing; explained that she is a knowledgeable renter, has had contact with the city inspector who deemed the property structurally unsound; has followed procedures, knows her rights and nothing has happened. The city, she said, needs mandatory inspections.

Council Member Bornemann urged students and citizens to use social media to advertise the names of those specific landlords and management companies who are not doing a good job.

Kurt Ingram, and another resident who live in the Roosevelt Neighborhood, addressed the pedestrian safety issues on Alabama Street, specifically between Pacific Street and Woburn Street. He said there needs to be clear signage and a safe way to cross Alabama Street. He added that because residents cannot easily or safely cross Alabama Street the neighborhood is culturally divided and Roosevelt Park is greatly underused.

Johnny Grames shared his thoughts with regard to reduced Library hours; public process, democracy and the new jail site. He feels the “right-sized jail people” do not have a forum and suggested opening up BTV10 so that the public can be informed with regard to the Law & Justice proposal and advocates of a right-sized jail.

Randy Elmore addressed traffic safety (red light) cameras. He said that [City of Bellingham] Initiative 2011-01 will pass. He said people are angry and if the city proceeds with installing the red light cameras, there will be law suits. He asked that the City Council not proceed with the process.

Bruce Deile referenced his earlier discussions with regard to writings by Martin Luther King, Jr. (from 1952) and Reinhold Niebuhr (from 1930) referencing housing for the poor and injustices within civilizations. He said nothing has changed in modern day, it’s all the same.

Kane Hall, Manager, Daylight Properties and also owns businesses downtown. He called attention to crime in the downtown area which seems to escalate in the spring. He suggested an increased police presence in the downtown core, particularly in the spring in addition to addressing additional budget for downtown safety. He said, the landlord licensing proposal will not address these issues and should not be imposed. He feels it will only cause a hardship for responsible landlords. Instead, he proposes that harsher fines be put in place so that the legal system can be effective in punishing those individual landlords who do not manage their properties responsibly; and asked for the city to support the current Parking and Business Improvement Area (PBIA) effort downtown as it will provide valuable tools for property owners to combat crime and enhance the beauty of this great city. Additionally, he thinks that the city master plan should be amended to make safety a top priority.


PRESENTATION(S)

AB19107 1. INTERNATIONAL WOMEN’S DAY PRESENTATION

Mayor Pike proclaimed March 8, 2011 as International Women’s Day 100 Year Celebration. Information only.


AB19108 2. RECOGNITION OF JIM BISHOP FOR SEVEN YEARS SERVICE ON THE BELLINGHAM PLANNING COMMISSION

Information only.


AB19109 3. INTRODUCTION OF NEW PORT OF BELLINGHAM EXECUTIVE DIRECTOR, CHARLIE SHELDON

Charlie Sheldon, the new Executive Director Port of Bellingham addressed the council and briefly reviewed current activities at the Port.

Council Member Bornemann suggested a joint port/city informational meeting so that all parties could be updated on current activities.

Information only.


PUBLIC HEARING(S)

AB19110 1. PUBLIC HEARING UNDER BMC 4.84.020 TO CONSIDER SURPLUS PROPERTY DECLARATIONS FOR THREE PROPERTIES LOCATED ON SUNSET DRIVE AND DETERMINATION OF METHOD OF DISPOSITION

Patty Fernandez, Real Property Manager, noted that the properties are:

Parcel No. 1: 2804 E. Sunset Drive
Parcel No. 2: 2841 E. Sunset Drive
Parcel No. 3: 2932 E. Sunset Drive

Council President Snapp opened the public hearing.

Carolyn Mendenhall, Sunset Drive asked for clarification of surplus property and how a surplus property is sold.

Ms. Fernandez explained that surplus is the municipal way of selling property. The council will determine [tonight] how the properties are sold; either by auction, sealed bid or negotiated sale.

There being no further comments, the public hearing was closed.

In response to an inquiry from Council Member Fleetwood, Ms. Fernandez explained the sealed bid process [Bellingham Municipal Code 4.84.020]. An appraisal will determine the minimum bid for each property.

In response to an inquiry from Council Member Lilliquist, Ted Carlson, Public Works Director explained that these properties were purchased with Transportation Improvement Board (TIB) money. The first process would be to repay the TIB. If there is any money beyond that required to repay the TIB, the excess would go into the Street Fund.

WEISS / KNUTSON moved to declare three properties: 2804, 2841 and 2932 E. Sunset Drive surplus and direct staff to conduct a sealed bid process.

Council Member Weiss asked that if the sealed bid process is not successful in meeting the minimum price; staff come back to council for further direction.

Mr. Carlson concurred.

MOTION CARRIED 7-0.


REPORTS OF COMMITTEES

COUNCIL STANDING COMMITTEE MEETINGS:

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

AB19111 1. PRESENTATION ON ENVIRONMENTAL CLEANUP OF CITY SITES INCLUDING TIMING AND ESTIMATED COSTS

Presentation made during committee. Information only.


WATERFRONT DEVELOPMENT COMMITTEE
MEMBERS: CHAIR, TERRY BORNEMANN; JACK WEISS; BARRY BUCHANAN; GENE KNUTSON

AB19112 1. WATERFRONT REDEVELOPMENT TRANSPORTATION INFRASTRUCTURE

Update provided during committee. Information only.


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


AB19113 1. BELLINGHAM CITY HALL NOMINATION TO BE PLACED ON THE NATIONAL REGISTER OF HISTORIC PLACES

WEISS / BORNEMANN moved to direct staff to prepare a resolution in support of the nomination placing Bellingham City Hall on the National Register of Historic Places. MOTION CARRIED 7-0.


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

AB19114 1. AN ORDINANCE AMENDING BMC 15.08.230 AND 15.12.175 REVISING WATER AND SEWER SYSTEMS DEVELOPMENT CHARGES [SDCs] RELATING TO FIRE PROTECTION FOR SINGLE-FAMILY RESIDENTIAL HOMES

AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING SECTIONS 15.08.230 AND 15.12.175 OF THE BELLINGHAM MUNICIPAL CODE, REVISING CONNECTION FEES FOR WATER AND SEWER SERVICES.”

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


AB19115 2. AN ORDINANCE AMENDING BMC 17.20.010 AND 17.20.030 TO CLARIFY THAT THE CITY HAS ADOPTED THE 2009 INTERNATIONAL FIRE CODE AS AMENDED BY THE STATE OF WASHINGTON AND TO ESTABLISH A NEW GRADE STANDARD FOR FIRE APPARATUS ACCESS ROADS

AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE SECTIONS 17.20.010 AND 17.20.030 TO CLARIFY THAT THE CITY HAS ADOPTED THE 2009 INTERNATIONAL FIRE CODE AS AMENDED BY THE STATE OF WASHINGTON AND TO ESTABLISH A NEW GRADE STANDARD FOR FIRE APPARATUS ACCESS ROADS.”

BORNEMANN / WEISS moved approval for first and second reading.

FLEETWOOD / KNUTSON moved to amend the ordinance to add a 4th exception: “This restriction shall not apply: (1) to existing structures regulated by the International Residential Code; (2) to vested building permit applications for single-family dwellings; and (3) to building permits for single-family dwellings located in subdivisions that received preliminary plat approval prior to the effective date of this ordinance.”

Council Member Fleetwood explained that this amendment is based on his concern about existing structure that would be above the grade and therefore subject to this requirement and which, he does not feel should be subjected to this requirement; nor is it fair for people who have already received preliminary plat approval, he said.

A lengthy discussion followed between council and staff to determine the intent and address concerns of the amendment.

Council Member Bornemann offered a friendly amendment to strike “building” in item 3) of the amendment.

Council Member Fleetwood accepted the friendly amendment.

(AMENDMENT) MOTION CARRIED 4-3, BORNEMANN, SNAPP, WEISS opposed.
(MAIN) MOTION CARRIED 7-0.


AB19116 3. SUNNYLAND INFLOW AND INFILTRATION [I&I] PROJECT UPDATE

BUCHANAN / WEISS moved to direct staff to proceed with next steps. MOTION CARRIED 7-0.


AB19117 4. POST POINT WASTEWATER TREATMENT PLANT IMPROVEMENTS - PRECONSTRUCTION SERVICES CONTRACTS AND OUTREACH ACTIVITIES; PROJECT NO. EU-145

Update provided during committee. Information only.


COMMITTEE OF THE WHOLE
CHAIR, STAN SNAPP

AB19118 1. BELLINGHAM SISTER CITIES UPDATE TO COUNCIL

Update provided during committee. Information only.


AB19119 2. NEWLY PROPOSED SISTER CITY OF TSETSERLEG, MONGOLIA

Presentation made during committee. Information only.


AB19120 3. SECOND OPERATING AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND THE BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY [BPDA]

WEISS / KNUTSON moved to authorize the Mayor to enter into the Second Operating Agreement with the Bellingham Public Development Authority. MOTION CARRIED 7-0.

          4. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES

None submitted at evening meeting.

          5. OLD/NEW BUSINESS

WEISS / LILLIQUIST moved to direct research staff to work with the Pipeline Safety Trust and MRSC to bring back a report on options for ordinances relating to pipeline safety location to new construction. MOTION CARRIED 7-0.


EXECUTIVE SESSION - Report and action:

1. POTENTIAL LITIGATION: Staff provided information on a potential litigation matter. Direction provided. No action taken.

2. POTENTIAL LITIGATION: Staff provided an update on resolution of a contract interpretation dispute regarding a service agreement with Tax Recovery Services.

BORNEMANN / KNUTSON moved to authorize the Mayor to sign an agreement with Tax Recovery Services to resolve issues regarding the method of addressing litigation costs and the payment for services by Tax Recovery Services in connection with tax audits of Puget Sound Energy and Encogen. MOTION CARRIED 7-0.

3. POTENTIAL LITIGATION: Staff provided information on a potential litigation matter. Direction provided. No action taken.

4. POTENTIAL PROPERTY ACQUISITION: Staff provided information on the acquisition of a 5 acre parcel in northwest Bellingham which will be part of a future trail link between Cordata and the Riley property. The purchase price is $77,170. The seller is the Thomas Durham Trust.

BUCHANAN / BORNEMANN moved to authorize the purchase of said property at a purchase price of $77,170. MOTION CARRIED 7-0.

5. POTENTIAL PROPERTY ACQUISITION: Staff provided information on the acquisition of a 4.7 acre parcel in southwest Bellingham in the Chuckanut/Interurban corridor. The purchase price is $500,000 which is the appraised value. The City will also grant the seller a view easement over the City’s Woodstock Farm Park property in favor of the Seller’s remaining property. Clark is the seller.

WEISS / KNUTSON moved to authorize the purchase of said property at a purchase price of $500,000 together with the grant of a view easement over the City’s Woodstock Farm Park property in favor of the Seller’s remaining property. MOTION CARRIED 7-0.

6. POTENTIAL PROPERTY ACQUISITION: Staff provided an update on a potential property acquisition. Direction provided. No action taken

7. POTENTIAL LITIGATION: Staff provided information on a potential litigation matter. Direction provided. No action taken



MAYOR'S REPORT

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

AB19121 2. MAYOR’S APPOINTMENT OF DIANE BLAKE TO THE PARKS AND RECREATION 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.

AB19122 1. ORDINANCE RELATING TO THE 2011 BUDGET FOR RECEIPT OF GRANT FUNDS FROM THE NORTHWEST CLEAN AIR AGENCY AND THE CORRESPONDING EXPENDITURES.

AN ORDINANCE RELATING TO THE 2011 BUDGET RECOGNIZING AWARD OF A NORTHWEST CLEAN AIR AGENCY GRANT TO ADVANCE OUR COMMUNITIES EFFORTS REDUCING GREENHOUSE GAS EMISSIONS AND APPROPRIATING $30,000.00 IN EXPENDITURES.”


AB19123 2. ORDINANCE CORRECTING AN ERROR IN THE CORDATA TABLE OF ZONING REGULATIONS, BMC 20.00.045

AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO THE BELLINGHAM MUNICIPAL CODE, TITLE 20, LAND USE AND DEVELOPMENT CODE, ZONING APPENDIX, GUIDE MERIDIAN/CORDATA NEIGHBORHOOD TABLE OF ZONING REGULATIONS FOR AREA 17B TO ALLOW OFFICES AS DEFINED IN BELLINGHAM MUNICIPAL CODE 20.08.020 O.(1).”


AB19124 3. ORDINANCE CORRECTING AN ERROR IN THE KING MOUNTAIN NEIGHBORHOOD ZONING TABLE

"AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING AREA 9 OF THE CORDATA NEIGHBORHOOD TABLE OF ZONING REGULATIONS, BELLINGHAM MUNICIPAL CODE 20.00.045, TO CORRECT AN ERROR."


AB19125 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM FEBRUARY 4, 2011 TO FEBRUARY 10, 2011

AB19126 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM FEBRUARY 11, 2011 TO FEBRUARY 17, 2011

AB19127 6. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM FEBRUARY 18, 2011 TO FEBRUARY 24, 2011

AB19128 7. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM JANUARY 16, 2011 TO JANUARY 31, 2011

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



FINAL CONSIDERATION OF ORDINANCES

AB19091 1. AN ORDINANCE RELATING TO THE 2011 BUDGET APPROPRIATING AN ADDITIONAL $5,120.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE GENERAL FUND, AND $1,705.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE CLAIMS AND LITIGATION FUND, FOR THE PURPOSE OF RECLASSIFYING TWO POSITIONS IN THE LEGAL DEPARTMENT

BORNEMANN / WEISS 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 #2011-02-005


AB19092 2. AN ORDINANCE RELATING TO THE 2011 BUDGET CREATING A SPECIAL REVENUE FUND TO ACCOUNT FOR REVENUE AND EXPENSES ASSOCIATED WITH THE TRANSPORTATION BENEFIT DISTRICT

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 #2011-02-006


AB19094 3. AN ORDINANCE RELATING TO THE 2011 BUDGET RECOGNIZING AWARD OF A WASHINGTON TRAFFIC SAFETY COMMISSION GRANT TO PROVIDE FOR SCHOOL ZONE FLASHING BEACONS FOR HAPPY VALLEY AND LARRABEE ELEMENTARY SCHOOLS, AND APPROPRIATING $15,000.00 FOR THEIR PURCHASE

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 #2011-02-007



ADJOURNMENT
There being no further business, the meeting adjourned at 9:02 p.m.
Stan Snapp, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 03/14/2011



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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