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RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, June 07, 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 Bill Geyer.

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 June 21, at 7:00 p.m., in Council Chambers there will be a Public Hearing regarding a City initiated area-wide rezone of Area 17B, Guide Meridian/Cordata Neighborhood to allow all office uses as defined in Bellingham Municipal Code Section 20.08.020 O.(1) within this subarea.

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


APPROVAL OF MINUTES

SNAPP / BORNEMANN moved approval of the May 24, 2010 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.


MAYORAL PROCLAMATION
Mayor Pike read a proclamation proclaiming Monday, June 7, 2010 as Bill Palmer Day.


15 - MINUTE PUBLIC COMMENT PERIOD

Steven Trinkaus thanked council for their close and respectful attention to the speakers who have supported the issues surrounding alternatives to fossil fuels.

Kendall Hardy spoke in support of the proposed resolutions [AB 18877 & 18880 tar sands/fleet fuel].

Max Wilbert spoke in support of the proposed resolutions [AB 18877 & 18880 tar sands/fleet fuel].

Carole Jean Lince spoke in support of the proposed resolutions [AB 18877 & 18880 tar sands/fleet fuel].

Cameron Murphy spoke in support of the proposed resolutions [AB 18877 & 18880 tar sands/fleet fuel] and added, “if we wait for the right time, nothing will be done.”

Mirami McAuliffe spoke in support of the proposed resolutions [AB 18877 & 18880 tar sands/fleet fuel].

Dillon Thomson spoke in support of the proposed resolutions [AB 18877 & 18880 tar sands/fleet fuel].

Ellen Murphy shared a message from the web site of George Poitras, former Chief of the Mikisew Cree tribe in Alberta and spoke in support of the proposed resolutions [AB 18877 & 18880 tar sands/fleet fuel].

Thoren Rogers spoke in support of the proposed resolutions [AB 18877 & 18880 tar sands/fleet fuel].

Johnny Grames discussed the oil/gas situation, health care and discrimination.

Mark Schofield spoke in support of the proposed resolutions [AB 18877 & 18880 tar sands/fleet fuel].

Maggie Hanson thanked the council for their respect and shared a situation where she has a ‘squatter’ in one of her rentals and the lack of rights of the other tenants or the owner/manager. It is a civil matter and she cannot have the police help her remove the person. She said this is a health and safety factor that must be considered when negotiating the upcoming landlord/tenant agreements.

Lisa Marcus noted vigils that will be held with regard to the gulf oil spill on June 8, 2010.

Kay Johnson Kieffer spoke in support of the proposed resolutions [AB 18877 & 18880 tar sands/fleet fuel].



PUBLIC HEARING(S)

AB18875 1. A PUBLIC HEARING TO CONSIDER REPLACEMENT OF THE MT. BAKER NEIGHBORHOOD WITH IRONGATE AND BARKLEY NEIGHBORHOODS AND MODIFYING THE KING MT. NEIGHBORHOOD PLAN, INCLUDING ZONING TABLES AND MAPS


Nicole Oliver, Communication Coordinator reviewed history and process to date for requests to split the Mt. Baker Neighborhood into an Irongate Neighborhood, Barkley Neighborhood and modifying the King Mountain Neighborhood plan. The proposal is supported by the Planning Commission and is fully supported by the neighborhoods. She described each proposed neighborhood and noted that there are no changes proposed to existing zoning, special conditions or regulations. Staff recommends that council conduct a public hearing and recommend that staff bring back an ordinance to approve new Irongate and Barkley Neighborhood plans, maps and zoning tables, and revisions to the King Mountain Neighborhood Plan, maps and zoning table at year-end with other Comprehensive Plan amendments

Linda Stewart, Neighborhood and Special Services Coordinator explained that in her work with the neighborhoods she has experienced their support for these boundary review changes and requested council’s support of the proposal.

Council President Knutson opened the public hearing.

Bill Geyer spoke in support of the proposal and pointed out a prohibition for connection of Barkley Boulevard to Sunset via Racine Street right-of-way, a primary condition within the Concomitant Agreement in 1991. He requested that council approve the Barkley Plan with the inclusion of this condition. Of historical note, he said that Barkley Boulevard was named after Lt. John Barkley, a staff member to Captain Vancouver who did survey work in Bellingham Bay.

Preston Schiller referenced the Bay to Baker trail and said let’s manage what we have better; seize opportunities such as the rail right-of-way that’s been identified as an arterial and use it exclusively for its’ original purpose, which is a good at-grade trail.

Stowe Talbot, President, Mt. Baker Neighborhood Association endorsed the proposal on behalf of the Association.

Malin Avera, 1485 Fruitland Drive asked for more information on the Bay to Baker Trail, specifically the Birchwood connection.

Brent Baldwin, Development Manager explained that the intent is to improve Birchwood to James Street as a multi-modal connection and integrating the trail. He said, this is a good potential location for a connection in the network that would have impacts on both the Sunset area, access to the hospital and the Meridian Street corridor.

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

Council Member Weiss feels there are unintended consequences of opening a new street and suggested, in regard to the Birchwood/James Street Connection and the Bay to Baker Trail, a narrow paved road on the rail bed, built as inexpensively to the community as possible; only used for public transit and emergency access and not for single occupancy vehicles.

LILLIQUIST / BUCHANAN moved to direct staff to bring forward an ordinance as part of the annual Comprehensive Plan amendments at year-end. MOTION CARRIED 7-0.


REPORTS OF COMMITTEES
COUNCIL STANDING COMMITTEE MEETINGS:

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

AB18876 CB 13622
1. AN ORDINANCE APPROPRIATING AN ADDITIONAL $300,000 FROM THE CLAIMS AND LITIGATION FUND TO THE LEGAL DEPARTMENT BUDGET FOR COSTS RELATED TO TORT LITIGATION

AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING AN ADDITIONAL $300,000.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE CLAIMS AND LITIGATION FUND TO BE USED FOR UNANTICIPATED COSTS IN THE LEGAL DEPARTMENT.”

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


PARKS AND RECREATION
MEMBERS: CHAIR, SETH FLEETWOOD; TERRY BORNEMANN; STAN SNAPP

AB18853 1. INSPIRATION POINT OVERLOOK RECONSTRUCTION AND WOODSTOCK FARM ACCESS IMPROVEMENT BID AWARD, BID #27B-2010

FLEETWOOD / SNAPP moved to award Bid No.27B-2010 for Inspiration Point Overlook Reconstruction and Woodstock Farm Access Improvement to Award Construction, Inc. of Ferndale, Washington 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 $740,782.07, which includes WSST. MOTION CARRIED 7-0.


LAKE WHATCOM RESERVOIR & NATURAL RESOURCES
MEMBERS: CHAIR, MICHAEL LILLIQUIST; BARRY BUCHANAN; STAN SNAPP

AB18877 Resolution 2010-18
1. RESOLUTION PROMOTING ENERGY ALTERNATIVES TO FOSSIL FUELS, AND IN PARTICULAR, CANADIAN TAR SANDS SOURCES, AND ENCOURAGING THE USE OF ALTERNATIVE TRANSPORTATION TECHNIQUES TO MINIMIZE RELIANCE ON FOSSIL FUELS.

A RESOLUTION PROMOTING ENERGY ALTERNATIVES TO FOSSIL FUELS, AND IN PARTICULAR, CANADIAN TAR SANDS SOURCES; AND ENCOURAGING THE USE OF ALTERNATIVE TRANSPORTATION TECHNIQUES TO MINIMIZE RELIANCE ON FOSSIL FUELS.”

LILLIQUIST / BUCHANAN moved final approval of Resolution #2010-18. MOTION CARRIED 7-0.


PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: CHAIR, BARRY BUCHANAN; STAN SNAPP; JACK WEISS

AB18878 CB 13623
1. ORDINANCE ADOPTING THE STATE AMENDED VERSION OF THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE

AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 17.20 TO ADOPT BY REFERENCE THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE.”

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


AB18879 2. COUNCIL UPDATE ON CURRENT STATUS OF THE SOLIDS HANDLING PROGRAM AT POST POINT WASTEWATER TREATMENT PLANT [WWTP]

Information only. The Council directed staff to schedule a worksession.


AB18880 Resolution #2010-19
3. RESOLUTION ESTABLISHING POLICY ON FLEET FUEL

A RESOLUTION ESTABLISHING POLICY ON FLEET FUEL.”

WEISS / LILLIQUIST moved final approval of Resolution #2010-19.

Mayor Pike noted that this resolution would allow significant lead time to those that bid on these contracts so that they might see if there are opportunities to find sources of fuel that are certifiable.

FLEETWOOD moved to amend the resolution by adding, at the end of the “Now, Therefore…” paragraph, after the word ‘contract”: “where such effort is reasonably feasible:”

AMENDMENT APPROVED 7-0
MAIN MOTION CARRIED 7-0


WATERFRONT DEVELOPMENT COMMITTEE
MEMBERS: CHAIR, JACK WEISS; TERRY BORNEMANN; MICHAEL LILLIQUIST; SETH FLEETWOOD

AB18881 1. WATERFRONT REDEVELOPMENT PROJECT UPDATE

Information only. The council directed staff to schedule a tour of the waterfront area.


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

AB18882 CB 13624
1. AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A WASHINGTON STATE DEPARTMENT OF TRANSPORTATION GRANT AND APPROPRIATING AN ADDITIONAL $200,000 OF EXPENDITURES IN THE STREET FUND

AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A WASHINGTON STATE DEPARTMENT OF TRANSPORTATION GRANT AND APPROPRIATING AN ADDITIONAL $200,000.00 OF EXPENDITURES IN THE STREET FUND.”

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


AB18883 2. DISCUSSION ON FORMATION OF A TRANSPORTATION BENEFIT DISTRICT TO FUND TRANSPORTATION PROJECTS IN THE CITY’S SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM

Information only.
WEISS / BORNEMANN moved to direct staff to schedule a public hearing for June 21, 2010. MOTION CARRIED 7-0.


AB18862 3. AMENDED DRAFT OF 2011-2016 TRANSPORTATION IMPROVEMENT PROGRAM

Staff and council discussed the overall program, reviewed and clarified several items in the projects. Comments included:
    a possible feasibility study on the James Street/Birchwood Connector with an emergency access/transit-only variant suggested,
    private development is paying for some improvements to James Street, particularly the Meadow Ridge frontage improvements plus another mile off-site improvements,
    council priority to add bike and pedestrian lanes throughout James Street Corridor,
    review alignments taking into account current Critical Areas Ordinance, wetland delineation and environmental concerns,
    TIP planning document allows the city to seek funding/grants on projects, and
    assumptions made during the last couple of years with regard to the waterfront planning may have to be changed in light of changing finances and information.

BORNEMANN / SNAPP moved to direct staff to prepare a resolution in support of the 2011 - 2016 Transportation Improvement Program. MOTION CARRIED 7-0.


COMMITTEE OF THE WHOLE
CHAIR, GENE KNUTSON
          1. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES

None submitted at evening meeting.

          2. OLD/NEW BUSINESS

None presented.


EXECUTIVE SESSION - Report only.


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

2. POTENTIAL LITIGATION: Staff provided information on a potential litigation matter.

SNAPP / LILLIQUIST moved to authorize the Mayor to execute an Agreed Order with the Washington State Department of Ecology regarding the Eldridge Municipal Landfill site. MOTION CARRIED 7-0.

3. LITIGATION: Hofstetter v. City of Bellingham: Update given to Council. Direction provided to staff. No action was taken.

4. LABOR RELATIONS: Staff provided an update on labor negotiations. Information only. No action taken.

5. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. City Council provided direction. No action taken.

MAYOR'S REPORT

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

AB18884 2. MAYOR’S APPOINTMENT OF MOLLY MONAHAN AND MICHAEL LIGHT TO THE COMMUNITY DEVELOPMENT 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. Committee review has taken place during the afternoon session on most of these items. A member of the Council may ask that an item be removed from the Consent Agenda and considered separately.

AB18885 1. BID AWARD FOR VARIOUS WATER DISTRIBUTION DUCTILE IRON FITTINGS AND ACCESSORIES

AB18886 2. BID AWARD FOR VARIOUS WATER DISTRIBUTION VALVES AND TAPPING SERVICES

AB18887 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM MAY 14, 2010 TO MAY 21, 2010

AB18888 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM MAY 21, 2010 TO MAY 28, 2010

AB18889 5. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM MAY 1, 2010 TO MAY 15, 2010

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


FINAL CONSIDERATION OF ORDINANCES

AB18863 1. CB 13616
AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $9,508.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVE IN THE STORM AND SURFACE WATER UTILITY FUND AND ADDING ONE NEW LIMITED TERM POSITION IN THE PUBLIC WORKS DEPARTMENT MAINTENANCE OPERATIONS GROUP

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 #2010-06-034


AB18866 2. CB 13620
AN ORDINANCE RELATING TO THE 2010 BUDGET TRANSFERRING $48,000.00 FROM THE ESTIMATED ENDING UNDESIGNATED RESERVE IN THE GREENWAYS MAINTENANCE ENDOWMENT FUND TO THE GENERAL FUND, AND APPROPRIATING RELATED EXPENDITURES IN THE GENERAL FUND

SNAPP / 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 #2010-06-035


AB18867 3. CB 13621
AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE SECTION 17.05.010 REPEALING BELLINGHAM MUNICIPAL CODE CHAPTERS 17.10, 17.16, 17.30, 17.40, AND 17.50 AND ADOPTING A NEW CHAPTER 17.10 TO ADOPT BY REFERENCE THE 2009 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, INTERNATIONAL EXISTING BUILDING CODE, NATIONAL FUEL GAS CODE, LIQUEFIED

PETROLEUM GAS CODE, UNIFORM PLUMBING CODE, WASHINGTON STATE ENERGY CODE, AND WASHINGTON CITIES ELECTRIC CODE, AS AMENDED, AS SET FORTH HEREIN

SNAPP / 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 #2010-06-036




ADJOURNMENT
There being no further business, the meeting adjourned at 9:17 p.m.
Gene Knutson, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 06/21/2010



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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