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You are here: Home) Government) Council) Meeting Materials) July 12, 2010


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, July 12, 2010, 07:00 PM
Book: 64, Page: 1


REGULAR MEETING


Called To Order The meeting was called to order by Council President Gene Knutson with the Pledge of Allegiance led by Merrill Ling

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, July 26, at 7:00 pm in City Council Chambers there will be a Public Hearing regarding a Comprehensive Plan amendment proposal submitted by the Puget Neighborhood Association.
    On Monday, August 9, at 7:00 p.m. in City Council Chambers there will be two Public Hearings related to amendments to the Critical Areas Ordinance.
    On Monday, August 9, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding a Draft Music Ordinance.

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


APPROVAL OF MINUTES

SNAPP / WEISS moved approval of the June 21, 2010 minutes of the regular Council Meeting as submitted. MOTION CARRIED 6-0-0, Fleetwood late arrival

Council Member Fleetwood arrived in Chambers.


15 - MINUTE PUBLIC COMMENT PERIOD

Patrick McKee feels the state should be less reliant on the use of Sales Tax. He is disappointed that four council members voted for the Transportation Benefit District (TBD), whose sole source of income is sales tax and feels this is a rush to decision. He asked that one of the four council members that voted for the TBD, reconsider his vote.

Michael Ross has contacted the city council, former Planning Director Tim Stewart and Planning staff with regard to a Code Enforcement Investigation Request with regard to the Atrium Condominium's lack of parking stalls and has not received a response to his inquiry.

Leonard Lindstrom discussed social issues.

Betsy Pernotto cited concerns about a TBD because so little goes to the WTA and so much to construction and alternative transportation. She feels this would use up WTA's taxing ability and tax payers' good will.

Carole Jacobson said that the financial aspects of the TBD need to be made very clear and spelled out for voters. The WTA requires guaranteed levels of funding and she is concerned that there is still so much “to be determined” with regard to this funding.

John Stewart (member of the Capital Facilities Task Force) spoke in support of establishing a TBD as it will help maintain what we have. The city currently, because of financial constraints, cannot do a lot of new things. The task force is looking at “fix it first’ and he feels this will be in alignment with that goal.

Abe Jacobson feels that if the TBD goes forward the council should consider amending the split of projects so there is increased support for WTA as a strategic item

Johnny Grames feels security measures at city hall are divisive and reiterated his support for community based policing.


PRESENTATION(S)

Officer Dearborn announced the 27th Annual Night Out Against Crime, the 10th year in Bellingham, on August 3, 2010 and described activities that will be held throughout town.

Mayor Pike read a proclamation proclaiming Tuesday, August 3, 2010 to be National Night Out Against Crime in Bellingham.

Information only.


PUBLIC HEARING(S)

AB18608 1. FORMATION OF A LOCAL IMPROVEMENT DISTRICT [LID] ON 34TH STREET BETWEEN TAYLOR STREET AND DONOVAN AVENUE

Lance Rexroat, Public Works Engineering, described the proposed Local Improvement District on 34th Street between Taylor and Donovan and approximate costs to property owners for each unit. The city will provide the sewer mains and laterals with the property owner responsible for the connection to their home by a contractor of their choosing.

Council President Knutson opened the public hearing.

Gary Vodopich spoke in support of the LID citing that it will help with infill and the environment.

Eleanor Hogan spoke in support of the LID and feels the costs are fair.

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

SNAPP / BUCHANAN moved to approve the formation of a Local Improvement District (LID) on 34th Street between Taylor and Donovan. MOTION CARRIED 7-0.


REPORTS OF COMMITTEES
COUNCIL STANDING COMMITTEE MEETINGS:

FINANCE & PERSONNEL
MEMBERS: CHAIR, STAN SNAPP; BARRY BUCHANAN; MICHAEL LILLIQUIST

AB18908 CB 13630
1. AN ORDINANCE APPROPRIATING STREET FUNDS TO REIMBURSE WHATCOM COUNTY FOR CAPITAL TRANSPORTATION PROJECTS LOCATED WITHIN THE BAKERVIEW/JAMES ANNEXATION AREA

AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $119,066.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE STREET FUND TO BE USED FOR PAYMENT TO WHATCOM COUNTY ASSOCIATED WITH THE BAKERVIEW / JAMES ANNEXATION.”

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


TRANSPORTATION
MEMBERS: CHAIR, JACK WEISS; STAN SNAPP; MICHAEL LILLIQUIST

AB18909 1. BID AWARD FOR THE OHIO/KING/STATE STREET SAFETY IMPROVEMENT PROJECT, BID NO. 41B-2010,
            ES 0071
WEISS / SNAPP moved to award Bid No. 41B-2010 for Ohio/King/State Street Safety Improvement Project to Ram 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 $786,911.95. MOTION CARRIED 7-0.


AB18883 2. WORKSESSION REGARDING ORDINANCE TO ESTABLISH A TRANSPORTATION BENEFIT DISTRICT [TBD] PRIOR TO COUNCIL VOTE ON THIRD AND FINAL READING

See Final Consideration of Ordinances for action.


COMMITTEE OF THE WHOLE
CHAIR, GENE KNUTSON

AB18910 1. PROPOSED COMMUNITY INDICATORS AND CITY PERFORMANCE MEASURES

SNAPP / LILLIQUIST moved to direct staff to continue on with this process. MOTION CARRIED 7-0.

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

None submitted in evening.

          3. OLD/NEW BUSINESS

Council Member Weiss asked for clarification/discussion on procedure for allowing time after introduction of an issue before a vote by council. It was the consensus of the council that a council member can ask for a decision to be delayed if there is controversy or more information is needed; however, if the council is comfortable with the information, an action may proceed.
    EXECUTIVE SESSION - Report only.

      1. LITIGATION: PSE v. City of Bellingham: Staff provided an update on this matter. Information only. No action taken.

      2. LITIGATION: Governor’s Point Development Company v. City of Bellingham: Staff provided an update on this matter. Direction given. No action taken.

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

      4. LITIGATION: Whatcom County & City of Bellingham v. State of Washington and Washington State Department of Revenue: Staff provided an update on this matter. Information only. No action taken.

      5. 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.
    Mayor Pike and Fire Chief Boyd discussed the EMS Interlocal Agreement with Whatcom County. They concurred that the system in excellent and that they and the County Executive are committed to keeping this outstanding service. Information only.


    AB18911 2. MAYOR’S APPOINTMENT OF DEBBIE PATON AND ALEX ALLYNE TO THE COMMUNITY DEVELOPMENT ADVISORY BOARD

    Information only.


    AB18912 3. MAYOR’S REAPPOINTMENT OF CHARLES MATTHEWS TO THE GREENWAYS ADVISORY COMMITTEE

    SNAPP / BORNEMANN moved to approve the Mayor’s reappointment of Charles Matthews to the Greenways Advisory Committee, term ending July 31, 2013. MOTION CARRIED 7-0.


    AB18913 4. MAYOR’S APPOINTMENT OF MARK BUEHRER AND REAPPOINTMENT OF NIKI THANE AND MIKE JOHNSTON TO THE LAKE WHATCOM WATERSHED ADVISORY BOARD

    LILLIQUIST / BUCHANAN moved to approve the Mayor’s appointment of Mark Buehrer, term ending June 1, 2012 and the reappointment of Niki Thane and Mike Johnson, terms ending June 1, 2013 to the Lake Whatcom Watershed Advisory Board. MOTION CARRIED 7-0.


    AB18914 5. MAYOR’S REAPPOINTMENT OF JULIANNA GUY AND WILLIAM HADLY 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 at the next Council Meeting.

    AB18915 CB 13631
    1. AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $35,000.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE CRIMINAL JUSTICE FUND FOR HOUSING ASSISTANCE FOR THE CHRONIC HOMELESS POPULATION

    AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $35,000.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE CRIMINAL JUSTICE FUND TO PROVIDE HOUSING ASSISTANCE FOR CHRONICALLY HOMELESS PEOPLE IN PARTNERSHIP WITH THE OPPORTUNITY COUNCIL.”

    AB18916 2. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JUNE 11, 2010 TO JUNE 18, 2010

    AB18917 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JUNE 18, 2010 TO JUNE 24, 2010

    AB18918 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JUNE 24, 2010 TO JULY 2, 2010

    AB18919 5. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM JUNE 1, 2010 TO JUNE 15, 2010

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


    FINAL CONSIDERATION OF ORDINANCES

    AB18883 1. CB 13626
    AN ORDINANCE ESTABLISHING A TRANSPORTATION BENEFIT DISTRICT (TBD); SPECIFYING THAT THE BOUNDARIES OF THE DISTRICT WILL COINCIDE WITH CITY BOUNDARIES; AND SPECIFYING THE TRANSPORTATION IMPROVEMENTS TO BE FUNDED BY THE DISTRICT.

    BORNEMANN / WEISS moved approval for third and final reading.

    FLEETWOOD / LILLIQUIST moved to amend the ordinance by removing the clause “through the imposition by the TBD of a voter-approved sales and use tax in accordance with RCW 82.14.0455,” from WHEREAS number 6. MOTION CARRIED 4-3, BUCHANAN, KNUTSON, SNAPP OPPOSED.

    Upon motion, said bill was placed on final passage and approved as amended by the following roll call vote:

    AYES: BORNEMANN, FLEETWOOD, LILLIQUIST, WEISS
    NAYS: BUCHANAN, KNUTSON, SNAPP
    ABSTENTIONS:

    MOTION CARRIED 4-3 and was thereafter named Ordinance #2010-07-040 AS AMENDED


    AB18892 2. CB 13627
    AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A WASHINGTON STATE DEPARTMENT OF ECOLOGY GRANT AND APPROPRIATING AN ADDITIONAL $232,850.00 OF EXPENDITURES IN THE STORM & SURFACE WATER UTILITY FUND.

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

    MOTION CARRIED 7-0 and was thereafter named Ordinance #2010-07-041


    AB18898 3. Will be heard at date to be determined.


    AB18902 4. CB13629
    AN ORDINANCE RELATING TO THE 2010 GENERAL FUND BUDGET RECOGNIZING RECEIPT OF A $349,384.00 CLIMATE SHOWCASE COMMUNITIES GRANT FROM THE ENVIRONMENTAL PROTECTION AGENCY, APPROPRIATING RELATED EXPENDITURES IN THE PLANNING DEPARTMENT AND PLACING $21,186.00 LABOR REIMBURSEMENT IN ESTIMATED ENDING UNDESIGNATED RESERVES.

    BORNEMANN / 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 #2010-07-042


    ADJOURNMENT
    There being no further business, the meeting adjourned at 8:11 p.m.
    Gene Knutson, Council President

    ATTEST: Linda D. Anderson City Clerk Representative
    APPROVED: 07/26/2010



    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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