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CITY COUNCIL AGENDA FOLLOW UP: March 12, 2012

Call to Order
Announcements & Upcoming Meetings:
      On Wednesday, March 21, 6:00 PM in City Council Chambers, there will be the annual Joint City of Bellingham & Whatcom County Councils and Lake Whatcom Water and Sewer District Commissioners meeting.
      On Monday, March 26, 7:00 PM in City Council Chambers, there will be a Public Hearing regarding a proposed development agreement associated with Whitworth Park.

Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
Pledge Of Allegiance
Led by Council President Bornemann.
Roll Call
All present.
Approval Of Minutes
SS / GK moved approval of the February 23, 2012 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0.
APPROVED
15-Minute Public Comment Period

Presentation
AB19482 1. Mayor’s 60-day report
Information only.
    Information only.
    Public Hearings
    AB19483 1. A Comprehensive Plan Amendment and Rezone for approximately 113 acres in Areas 5 and 6, Samish Neighborhood. Applicant: Free Spirit Enterprises, LLC. Owner: Padden Trails, LLC.
    BREAK
    Council President Bornemann called the meeting back to order at 9:11 p.m.

    Public hearing held. Written public comment will remain open.
    Information only. Worksession scheduled for March 26, 2012.
    Public hearing held.
    Information only.
    AB19484 2 Development Agreement associated with a Comprehensive Plan Amendment and Rezone for approximately 113 acres in Areas 5 and 6, Samish Neighborhood. Applicant: Free Spirit Enterprises, LLC. Owner: Padden Trails, LLC.
    Public hearing held. Written public comment will remain open.
    Information only. Worksession scheduled for March 26, 2012.
    Public hearing held.
    Information only.
    Finance & Personnel
    Michael Lilliquist, Chair
    Cathy Lehman; Stan Snapp
    Council Member Lehman left Chambers.

    AB19485 1. Approval of Mayor’s appointment of Interim City Attorney
    LILLIQUIST / WEISS moved to approve the appointment of Peter Ruffatto as Interim City Attorney until further notice. MOTION CARRIED 6-0
    APPROVED
    AB19486 2. Executive Department reorganization

              “AN ORDINANCE RELATING TO THE 2012 BUDGET PROVIDING FOR A STAFFING REORGANIZATION IN THE EXECUTIVE DEPARTMENT BY REALLOCATING $341,943.00 IN EXPENDITURES IN THE GENERAL FUND AND PLACING $83,927.00 IN SAVINGS IN ESTIMATED ENDING UNDESIGNATED RESERVE.”
    LILLIQUIST / SNAPP moved approval for first and second reading. MOTION CARRIED 6-0.
      Council Member Lehman returned to Chambers.
      1st & 2nd
      APPROVED
      AB19487 3. An Ordinance relating to the 2012 Budget appropriating $220,000.00 from Estimated Ending Designated Reserves in the General Fund for payment to a third party auditor

      “AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING UP TO $220,000.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE GENERAL FUND FOR THE PURPOSE OF PAYING OUR CONTRACTOR FOR THIRD PARTY AUDIT SERVICES IN CONNECTION WITH A UTILITY TAX AUDIT OF PUGET SOUND ENERGY, INC.”
      LILLIQUIST / WEISS moved approval for first and second reading. MOTION CARRIED 7-0.
        1st & 2nd APPROVED
        AB19488 4. An Ordinance to create a new fund, Federal Building Fund 125

        “AN ORDINANCE RELATING TO THE 2012 BUDGET CREATING A SPECIAL REVENUE FUND TO ACCOUNT FOR THE REMAINING U.S. DEPARTMENT OF INTERIOR GRANT RECEIVED FOR THE RESTORATION OF THE FEDERAL BUILDING.”
        LILLIQUIST / SNAPP moved approval for first and second reading. MOTION CARRIED 7-0.
          1st & 2nd APPROVED
          AB19489 5. An Ordinance relating to the 2012 Budget authorizing the appropriation of $450,000.00 in the Claims & Litigation Reserve Fund to satisfy a Settlement Agreement and related outside counsel and litigation costs.

          “AN ORDINANCE RELATING TO THE 2012 BUDGET AUTHORIZING AN ADDITIONAL $450,000.00 OF EXPENDITURE IN THE CLAIMS AND LITIGATION FUND FOR PAYMENT OF A SETTLEMENT AGREEMENT, DEFENSE COUNSEL FEES, AND LITIGATION EXPENSES RELATED TO A CIVIL CASE PENDING AGAINST THE CITY.”
          LILLIQUIST / SNAPP moved approval for first and second reading. MOTION CARRIED 7-0.
          1st & 2nd
          APPROVED
          Parks And Recreation
          Seth Fleetwood, Chair
          Stan Snapp; Jack Weiss
          AB19490 1. Resolution authorizing the City to apply for a Washington Wildlife and Recreation Program Grant for Squalicum Creek Park Phase Three

          A RESOLUTION OF THE CITY OF BELLINGHAM AUTHORIZING THE CITY TO APPLY FOR A WASHINGTON WILDLIFE AND RECREATION PROGRAM GRANT FOR SQUALICUM CREEK PARK, PHASE THREE.”
          FLEETWOOD / SNAPP moved final approval of Resolution #2012-04. MOTION CARRIED 7-0.
          Res. 2012-04
          APPROVED
          Lake Whatcom Reservoir & Natural Resources
          Seth Fleetwood, Chair
          Michael Lilliquist; Cathy Lehman; Stan Snapp
          AB19491 1. Natural Resources Committee Quarterly update
          Information only.
          Information only.
          AB19492 2. Purchase of 47.55 acres of land in the Lake Whatcom Watershed
          FLEETWOOD / SNAPP moved to approve the purchase of 47.55 acres in the Lake Whatcom Watershed from Patrick Uy. MOTION CARRIED 7-0.
          APPROVED
          AB19493 3. An Ordinance for a budget amendment for the purpose of allocating funds to purchase 47.55 acres of land in the Lake Whatcom Watershed

          “AN ORDINANCE RELATING TO THE 2012 BUDGET AUTHORIZING A LOAN OF UP TO $2,200,000.00 FROM THE FLEET FUND TO THE WATER FUND WATERSHED LAND ACQUISITION DEPARTMENT AND APPROPRIATING $2,200,000.00 IN THE FLEET FUND FOR THE INTERFUND LOAN AND APPROPRIATING $2,700,000.00 IN THE WATER FUND WATERSHED ACQUISITION FOR THE PURCHASE OF LAND AND 2012 PAYMENT ON THE INTERFUND LOAN.”
          FLEETWOOD / SNAPP moved approval for first and second reading. MOTION CARRIED 7-0.
            1st & 2nd
            APPROVED
            Public Works / Public Safety
            Stan Snapp, Chair
            Seth Fleetwood; Gene Knutson
            AB19494 1. Request for sewer service at 1151 Mt. Baker Highway
            SNAPP / KNUTSON moved to direct staff to proceed with entering into a contract for retail sewer service at 1151 Mt. Baker Highway. MOTION CARRIED 7-0.
            DIRECTION TO STAFF
            AB19495 2. Request for sewer service at 1165 Mt. Baker Highway
            SNAPP / WEISS moved to direct staff to proceed with entering into a contract for retail sewer service at 1165 Mt. Baker Highway. MOTION CARRIED 7-0.
              DIRECTION TO STAFF
              Committee Of The Whole
              Terry Bornemann, Chair
              Jack Weiss, Gene Knutson, Cathy Lehman, Stan Snapp, Michael Lilliquist, Seth Fleetwood
              AB19370 1. Community Indicators and City Performance Measures - update on recent results
              Information only.
              Information only.
                2. Approval of City Council Committee and/or Special Meeting minutes
                      None submitted at evening meeting.
                        3. Old/New business

              City Council and Department Head retreat scheduled for May 19, 2012.
                Council Member Lehman announced that there has been a call for participation to The EcoDistricts Institute in Portland, OR on May 8-10, 2012
                Executive Session – Report and action only.
                1. Potential Property Acquisition: Staff provided information on a potential property acquisition. Direction given. No action taken. NO ACTION
                2. Potential Property Acquisition: Staff provided information on a potential property acquisition. Direction given. No action taken.NO ACTION
                3. Potential Litigation: Staff provided an update on a potential litigation matter. Information only. No action taken.NO ACTION
                4. Litigation: Squalicum Ridge Road Appeals: Staff provided an update on this litigation matter. Information only. No action taken.NO ACTION
                5. Litigation: Janke v. City of Bellingham: Staff provided information on a litigation matter involving the City’s denial of residential water service to a property located outside the City limits in a former water service zone.

                SNAPP / KNUTSON moved to authorize settlement of this matter under the following terms:
                    The City will provide one inch water tap to the property as ordered by the Skagit county Superior Court pursuant to a 1961 easement agreement;
                    Plaintiffs will pay approximately $2,350 for all construction costs associated with installing the water tap;
                    Per the Court’s order, the City will not collect system development charges, permit fees, or transportation impact fees.
                MOTION CARRIED 7-0.
                APPROVED
                Mayor’s Report
                1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.
                AB19496 2. Mayor’s appointment of Cerise Noah as the Central Business District Representative and Cindy Madigan as the Puget Neighborhood alternate representative to the Mayor’s Neighborhood Advisory Commission
                Information only.
                  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.
                  AB19497 1. Resolution to set a public hearing date of April 11, 2012 before the Hearing Examiner for a vacation petition for a portion of Clinton Street within Maritime Heritage Park

                  A RESOLUTION FIXING THE TIME FOR A PUBLIC HEARING ON A STREET VACATION PETITION FOR VACATION OF CLINTON STREET BETWEEN C STREET AND DIVISION STREET (ALLEYWAY BETWEEN C AND D STREETS).
                  Res. 2012-05
                  (Consent Agenda)
                  AB19498 2. Ordinance relating to the 2012 Budget authorizing the appropriation of $64,000.00 for special legal services for contingent costs of outside counsel and related professional litigation services

                  “AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING $64,000.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE GENERAL FUND TO BE USED FOR CONTINGENT COSTS IN THE LEGAL DEPARTMENT.”
                  1st & 2nd
                  (Consent Agenda)
                  AB19499 3. Authorization of check issue for accounts payable from February 10, 2012 to February 16, 2012(Consent Agenda)
                  AB19500 4. Authorization of check issue for accounts payable from February 17, 2012 to February 23, 2012(Consent Agenda)
                  AB19501 5. Authorization of check issue for accounts payable from February 24, 2012 to March 1, 2012(Consent Agenda)
                  AB19502 6. Authorization of check issue for payroll from February 10, 2012 to February 24, 2012

                  KNUTSON / SNAPP moved approval of the Consent Agenda in its’ entirety. MOTION CARRIED 7-0.
                  CONSENT AGENDA APPROVED IN ITS’ ENTIRETY.
                  Final Consideration Of Ordinances
                  AB19474 1. AN ORDINANCE RELATING TO THE 2012 BUDGET RECOGNIZING A $6,550.00 GRANT FROM THE WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS TO THE BELLINGHAM POLICE DEPARTMENT AND APPROPRIATING RELATED EXPENDITURES IN THE GENERAL FUND
                    WEISS / 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, FLEETWOOD, KNUTSON, LEHMAN, LILLIQUIST, SNAPP, WEISS
                    NAYS:
                    ABSTENTIONS:

                    MOTION CARRIED 7-0 and was thereafter named Ordinance #2012-03-011
                    Ord. 2012-03-011
                    APPROVED
                    Adjournment
                    There being no further business, the meeting adjourned at 12:24 a.m.
                    Next City Council Meeting
                    Monday, March 26, 2012
                    Deadline to submit material for the public hearing for
                    inclusion in the published agenda packet:
                    Wednesday, March 21, 2012; 10 AM


                    Disclaimer: This document is provided as a courtesy follow up of the City Council meeting. This document is not to be considered the minutes from the meeting rather a report of the action taken by Council. All information contained herein is subject to change upon further review of the tapes of proceedings and composure of the minutes from the meeting. Your comments and suggestions are welcome.
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