RECORD OF PROCEEDING OF CITY COUNCIL
CITY OF BELLINGHAM, WASHINGTON
COUNCIL CHAMBERS, CITY HALL
Monday, February 13, 2012, 07:00 PM
Book: 66, Page: 1
Called To Order The meeting was called to order by Council President Terry Bornemann who led the Pledge of Allegiance.
Jack Weiss, Council Member, First Ward
Gene Knutson, Council Member, Second Ward
Cathy Lehman, 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
· On February 27, 10:00 a.m. to 12:00 p.m. in the Mayor’s Board Room there will be a Special Meeting of the Council for the purpose of work planning.
· On Monday, March 12, at 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding the Padden Trails rezone request.
Transportation Benefit District No. 1
· On Monday, February 13, 12:00 p.m. - 12:55 p.m., in Council Chambers, there will be a meeting of the TBD #1, Board of Directors to discuss WTA projects.
Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
APPROVAL OF MINUTES
KNUTSON / WEISS moved approval of the January 23, 2012 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0.
AB19451 1. Presentation of Employee Recognition Awards
15 - MINUTE PUBLIC COMMENT PERIOD
Rick Hannam spoke in opposition to the watershed surcharge [AB 19235].
Karl Kleeman Chairman of the Board, Bellingham Railway Museum. Mr. Kleeman said they are working hard on planning and growing this volunteer organization and they have hired an Executive Director, Clair McNally. In June, 2011 when they found out the neighboring tenants would be leaving, the Museum requested the extra space for collections and programs, and having more space has become an integral part of that planning. He asked the Council to consider their request and said they may be open to a month-to-month lease.
Johnny Grames shared his thoughts on social and political issues.
Dan McShane said that he has been on the [County’s] Flood Advisory Committee since 1997 and only one project proposal has ever been received from the City of Bellingham. The only way that fund can be released is that an entity has to put forth a proposal. Regarding possible solutions in the watershed, he said, the city has to figure out a way to fund those projects. He suggested that by leveraging the monies from the utility rate increase and providing matching funds may help to get money from other sources, such as the county flood tax. [AB 19235]
Christina Maginnis, member, Watershed Advisory Board supports the watershed surcharge [AB 19235].
AB19452 1. Public Hearing to receive comment on State Auditor’s Office Performance Audit on Construction Change Order Pricing
Ted Carlson, Public Works Director reviewed the staff memorandum [pps. 4-6, agenda packet] specifically noting from the auditor's evaluation:
|40 Years||30 Years||20 Years|
|John Kunnap||Michael Larson||Gordon Neitling|
|Ron Morehouse||Robert Stevenson|
|PARKS & RECREATION|
|25 Years||20 Years|
|Tim Wahl||Rae Edwards|
|Marcia Wazny||Dave McDonald|
|POLICE||POLICE / WHAT-COMM|
|20 Years||20 Years|
|Lowell English||Linda Greene|
|40 Years||30 Years||25 Years||20 Years|
|Arne Larsen||David Baird||Heather Higgins||Don Burdick|
|Ken Woolf||Steven Haugen|
· whenever possible, insert language in the contract document explaining how change orders will be handled;
Mr. Carlson explained that staff is currently working on a policy and procedure document along with changes to the Consultant Agreement and general provisions of the city’s contract documents to reflect the auditor’s recommendations.
Council President Bornemann opened the public hearing. No citizens spoke and the public hearing was closed.
REPORTS OF COMMITTEES
Finance & Personnel
Michael Lilliquist, Chair
Cathy Lehman; Stan Snapp
AB19453 1. Ordinance approving the advance refunding of the outstanding 2004 Water and Sewer Revenue bonds.
“AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $3,550,000 TO REFUND CERTAIN OUTSTANDING WATER AND SEWER REVENUE BONDS AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; APPROVING AN ESCROW DEPOSIT AGREEMENT; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS.”
LILLIQUIST / KNUTSON moved approval for first and second reading. MOTION CARRIED 7-0.
AB19454 2. Ordinance approving the advance refunding of the outstanding 2004 Limited Tax General Obligation bonds
“AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, PROVIDING FOR THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $15,430,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; APPROVING AN ESCROW DEPOSIT AGREEMENT; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS.”
LILLIQUIST / WEISS moved approval for first and second reading. MOTION CARRIED 7-0.
Planning & Community Development
Jack Weiss, Chair
Michael Lilliquist; Cathy Lehman; Seth Fleetwood
AB19455 1. Update on drafting the Economic Development Element of the Bellingham Comprehensive Plan
Council Member Weiss reported on the discussion that occurred during committee and noted:
· whenever possible, itemize pricing; and
· adopt a change order policy.
· the Economic Development Element would be an optional planning tool as part of the Comprehensive Plan process;
Work to date has included interviewing and surveying stakeholders at other communities within the state. The feedback encourages the city to: keep the positive business climate high, develop a strong diversity of economic interests, provide suitable land and infrastructure and keep the quality of life high within Bellingham.
Staff is currently in the process of creating the initial draft for review by the stakeholders followed by a public hearing at the Planning Commission and then to the City Council for consideration. Project completion is anticipated for June, 2013.
AB18851 2. Ordinance to appropriate $250,000 in Federal Energy Efficiency Conservation Block Grant funds to support the Community Energy Challenge
“AN ORDINANCE RELATING TO THE 2012 BUDGET RECOGNIZING THE RETURN OF $250,000.00 OF FEDERAL ENERGY EFFICIENCY CONSERVATION BLOCK GRANT FUNDS AND APPROPRIATING RELATED EXPENDITURES IN THE GENERAL FUND.”
WEISS / KNUTSON moved approval for first and second reading. MOTION CARRIED 7-0.
Cathy Lehman, Chair
Jack Weiss; Gene Knutson
AB19456 1. Approval of Interlocal Agreement between the City, County and Port of Bellingham for West Bakerview Overpass project (ES-462)
LEHMAN / WEISS moved to authorize the Mayor to enter into an Interlocal Funding Agreement with the Port of Bellingham and Whatcom County for the West Bakerview Overpass Project (ES-462). MOTION CARRIED 7-0.
AB19457 2. Ordinance relating to the 2012 Budget appropriating $500,000 in Port funds and $100,000 in Whatcom County Roads funds for the West Bakerview Overpass project (ES-462)
“AN ORDINANCE RELATING TO THE 2012 BUDGET RECOGNIZING $600,000.00 IN ADDITIONAL REVENUE FROM AN INTERLOCAL AGREEMENT BETWEEN THE PORT OF BELLINGHAM, WHATCOM COUNTY, AND THE BELLINGHAM PUBLIC WORKS DEPARTMENT TO PROVIDE ADDITIONAL FUNDING FOR SAFETY IMPROVEMENTS TO THE WEST BAKERVIEW OVERPASS AND APPROPRIATING RELATED EXPENDITURES IN THE STREET FUND.” (ES-462)
LEHMAN / SNAPP moved approval for first and second reading. MOTION CARRIED 7-0.
AB19458 3. Approval of Interlocal Agreement with Whatcom County for EDI Grant and Loan for West Bakerview Overpass project (ES-462)
LEHMAN / SNAPP moved to authorize the Mayor to enter into an Economic Development Investment (EDI) Program Interlocal Loan and Grant Agreement with Whatcom County (ES-462). MOTION CARRIED 7-0.
AB19459 4. Ordinance relating to the 2012 Budget appropriating $650,000 in Whatcom County EDI funds for the West Bakerview Overpass project (ES-462)
“AN ORDINANCE RELATING TO THE 2012 BUDGET RECOGNIZING AWARD OF A $300,000.00 WHATCOM COUNTY ECONOMIC DEVELOPMENT INVESTMENT (EDI) GRANT AND $350,000.00 IN ADDITIONAL REVENUE FROM A WHATCOM COUNTY EDI INTERGOVERNMENTAL LOAN TO THE BELLINGHAM PUBLIC WORKS DEPARTMENT TO PROVIDE FOR SAFETY IMPROVEMENTS TO THE WEST BAKERVIEW OVERPASS AND APPROPRIATING RELATED EXPENDITURES IN THE STREET FUND.” (ES-462)
LEHMAN / LILLIQUIST moved approval for first and second reading. MOTION CARRIED 7-0.
AB19460 5. Ordinance relating to the 2012 Budget appropriating a $1,500,000 Washington State Transportation Improvement Board (TIB) Grant for the West Bakerview Overpass project (ES-462)
“AN ORDINANCE RELATING TO THE 2012 BUDGET RECOGNIZING AWARD OF A $1,500,000.00 GRANT FROM THE WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD TO THE BELLINGHAM PUBLIC WORKS DEPARTMENT TO PROVIDE FOR SAFETY IMPROVEMENTS TO THE WEST BAKERVIEW OVERPASS AND APPROPRIATING RELATED EXPENDITURES IN THE STREET FUND.” (ES-462)
LEHMAN / WEISS moved approval for first and second reading. MOTION CARRIED 7-0.
Public Works / Public Safety
Stan Snapp, Chair
Seth Fleetwood; Gene Knutson
AB19395 1. Potential expansion of space in the Parkade for the Bellingham Railway Museum
Staff reported that they have just received word that there are other parties interested in the available space at the Parkade but has not had time to consider those proposals.
SNAPP / KNUTSON moved to approve the request for the expansion of the Bellingham Railway Museum into adjoining space as presented.
FLEETWOOD / LILLIQUIST moved to table the proposal to the next regular meeting. The motion was withdrawn.
FLEETWOOD / SNAPP moved to postpone consideration until February 27, 2012.
MOTION CARRIED 6-1, KNUTSON opposed.
Council provided direction to staff to: research the possibilities of a month-to-month lease with the Bellingham Railway Museum and determine how alternative proposals will be considered.
Lake Whatcom Reservoir & Natural Resources
Seth Fleetwood, Chair
Michael Lilliquist; Cathy Lehman; Stan Snapp
AB19418 1. Interlocal Agreement with the Whatcom County Health Department to provide On-site Septic System (OSS) inspection services in the Lake Whatcom Watershed
FLEETWOOD / KNUTSON moved to authorize the Mayor to enter into an Interlocal Agreement with Whatcom County to provide an On-site Sewage System (OSS ) Management Program in the Lake Whatcom Watershed. MOTION CARRIED 6-1, WEISS opposed.
Committee Of The Whole
Terry Bornemann, Chair
AB19235 2. Ordinance to increase the watershed surcharge for Lake Whatcom Watershed property acquisition and stormwater program
FLEETWOOD / SNAPP moved approval for first and second reading.
FLEETWOOD / SNAPP moved to amend the effective date to May 1, 2012.
Council President Bornemann expressed concern about the increase in rates and how it will affect families that are struggling month-to-month and feels that he cannot support the surcharge until a proposal for a low income exemption has been included.
Staff and council discussed options for a low income exemption and suggested a separate worksession to discuss those options before May 1st.
MOTION APPROVED 5-2, KNUTSON, BORNEMANN opposed.
Council Member Knutson feels that the rate study should be completed prior to making this decision.
Ted Carlson, Public Works Director suggested bringing this back to committee at the first meeting in March so that staff has an opportunity to meet with the consultant and get direction.
(MAIN) MOTION APPROVED 5-2, KNUTSON, BORNEMANN opposed.
· the primary focus is to define exact city policy with a clear line of what the city can and cannot do for economic development purposes, which may include work on tax policies, sustainable growth issues, provide available land, provide services such as transportation networks, utilities and parks. The policy also includes the support that the city can provide to other economic development groups that are working with businesses. Feedback has been that businesses want help with activities that would promote retention of employees, marketing and some real estate assistance.
None submitted at evening meeting.
Council Member Fleetwood announced the Bellingham Human Rights Film Festival starting February 16, 2012 at the Pickford Theatre and Fairhaven College Auditorium.
Executive Session – Report and action only.
3. Approval of City Council Committee and/or Special Meeting minutes
1. Potential Property Acquisition: Staff provided information on a potential property acquisition. Information only. No action taken.
LILLIQUIST / KNUTSON moved to authorize the City to make an offer of judgment in an amount not to exceed $130,000.00, in addition to costs and reasonable attorneys’ fees incurred by Plaintiff as of the date of this offer, as full and final resolution of all issues, claims, and causes of action raised in Plaintiff’s Complaint against the City. MOTION CARRIED 7-0.
2. Potential Litigation: Staff provided information on a potential litigation matter. Information only. No action taken.
3. Litigation: Janke v. City of Bellingham: Staff provided information on a litigation matter. Direction given. No action taken.
4. Litigation: Whitworth Park, LLC v. City of Bellingham: Staff provided an update on a litigation matter. Direction given.
5. Litigation: Governors Point Development Company v. City of Bellingham: Staff provided an update on a litigation matter. Information only. No action taken.
Mayor Linville thanked Pat Hite for her years of service on the Civil Service Commission; John Carter, Finance Director and his staff for the refunding bond process, which will provide a better interest rate for the city. Additionally, she extended her condolences to David Reeck, who lost his father today. Information only.
AB19461 2. Mayor’s appointment of Dick Skeers to the Public Works Advisory Board
AB19462 3. Mayor’s appointment of Meredith Ross, Markku Kanervikkoaho, and Lauren McClanahan to the Sister Cities Advisory Board
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.
AB19463 1. Water treatment chemical bid for Soda Ash at the Water Treatment Plant (6B-2012)
AB19464 2. Authorization of check issue for accounts payable from January 13, 2012 to January 19, 2012
AB19465 3. Authorization of check issue for accounts payable from January 20, 2012 to January 26, 2012
AB19466 4. Authorization of check issue for payroll from January 11, 2012 to January 25, 2012
KNUTSON / SNAPP moved approval of the Consent Agenda in its’ entirety. MOTION CARRIED 7-0.
FINAL CONSIDERATION OF ORDINANCES
AB19446 1. AN ORDINANCE RELATING TO THE 2012 BUDGET RECOGNIZING AWARD OF A $10,000.00 STATE CERTIFIED LOCAL GOVERNMENT GRANT TO THE COMMUNITY DEVELOPMENT DIVISION OF THE PLANNING DEPARTMENT TO PROVIDE FOR AN HISTORIC RESOURCE INVENTORY OF DOWNTOWN BUILDINGS AND APPROPRIATING RELATED EXPENDITURES IN THE GENERAL FUND
KNUTSON / 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, FLEETWOOD, KNUTSON, LEHMAN, LILLIQUIST, SNAPP, WEISS
MOTION CARRIED 7-0 and was thereafter named Ordinance #2012-02-003
There being no further business, the meeting adjourned at 9:33 p.m.
Terry Bornemann, Council President
ATTEST: Linda D. Anderson City Clerk Representative
1. Standing time for briefings, updates and reports to Council by the Mayor, if needed.
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