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RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, May 10, 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 Dick Little.

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 May 24, at 7:00 p.m., in Council Chambers there will be a Public Hearing regarding the draft 2011 – 2014 Transportation Improvement Plan also known as the 6-year TIP.
    On June 7, at 7:00 p.m., in Council Chambers there will be a Public Hearing regarding a Neighborhood Plan Amendment to replace the existing Mt. Baker Neighborhood with two new neighborhoods: Irongate and Barkley.
    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

None submitted.


15 - MINUTE PUBLIC COMMENT PERIOD

Yoshe Revelle, encouraged everyone to use their cars less and to make our cities more bikeable and more walkable.

Leonard Lindstrom discussed social issues.

Becky O'Brine supports the use of Tourism money for the Pickford Film Center.

Mirami Mcauliffe spoke in opposition to the renewal of the Trans Mountain Pipeline franchise and expressed concern about the Athabasca Oil Sands in Alberta, Canada.

Max Wilbert spoke in opposition to the renewal of the Trans Mountain Pipeline franchise and expressed concern about the Athabasca Oil Sands in Alberta, Canada.

Timothy Becker spoke in opposition to the renewal of the Trans Mountain Pipeline franchise and expressed concern about the Athabasca Oil Sands in Alberta, Canada.

Carole Lince spoke in opposition to the renewal of the Trans Mountain Pipeline franchise and expressed concern about the Athabasca Oil Sands in Alberta, Canada.

Dylan Thomson expressed concern about the Athabasca Oil Sands in Alberta, Canada and
spoke in opposition to the renewal of the Trans Mountain Pipeline franchise. He announced that there would be a community forum on May 20, 2010 at the Squalicum Boat House on these issues. He requested a delay in consideration of the franchise.

Ellen Murphy spoke in opposition to the renewal of the Trans Mountain Pipeline franchise and expressed concern about the Athabasca Oil Sands in Alberta, Canada.

Stephen Trinkaus asked that the city: require Trans Mountain Pipeline to report what is going through the pipeline; to cede that the money paid by Trans Mountain Pipeline to the city as unethical, ill-gotten gains and to minimize or eliminate those fees so no one can say that Bellingham profits off the crime against the earth and humanity at the Alberta Tar Sands; to require a bond to help protect the city from any one of the possible circumstances that could befall the pipeline company or the pipeline itself; and to delay signing the franchise agreement so that the public may have adequate time to understand the issues that are involved.

Public Comment continued after AB 18849.


PRESENTATION(S)

AB18849 1. 2010 WASHINGTON STATE LEGISLATIVE SESSION REPORT

Representative Jeff Morris of the 40th District reported on current state legislative events. Information only.


PUBLIC COMMENT - CONTINUED

Emily Jones spoke in support of using Tourism funds for the Pickford Film Center.

Laurel Cook spoke in support of using Tourism funds for the Pickford Film Center.

Isabel VanDerslice addressed AB 18834 regarding extension of certain land use approvals. She feels the process went too quickly and asked council to reconsider. She would like to see permits in critical areas evaluated individually.

Ralph Thacker agreed with Ms. VanDerslice and feels that critical area permits should be considered individually [AB 18834].

Brittney Honisch spoke in opposition to the renewal of the Trans Mountain Pipeline franchise and expressed concern about the Athabasca Oil Sands in Alberta, Canada.

Christopher Grannis spoke in opposition to the land use extensions [AB 18834] especially in relation to critical areas and asked that council not extend any permits that are vested in the pre-Critical Areas Ordinance rules and regulations.

Elliot Smith, a graduate of the University of Alberta, recognized environmental consequences to the production of Alberta oil, but urged council to consider that it does come from a friendly neighbor and supports good jobs in our region. He hopes that someday we will live in an oil-free world but until that day comes we need fuel. Additionally, ceasing operations could potentially affect family wage jobs at the local refineries and by buying Alberta oil, we are giving our dollars to a friend and neighbor not to a regime or country that wishes harm to the United States.


REPORTS OF COMMITTEES

COUNCIL STANDING COMMITTEE MEETINGS:

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

AB18850 CB 13615
1. AN ORDINANCE FOR THE RECEIPT AND SPENDING OF A $500,000 GRANT FROM THE DEPARTMENT OF COMMERCE FOR THE COMMUNITY ENERGY CHALLENGE LOAN PROGRAM

“AN ORDINANCE RELATING TO THE 2010 GENERAL FUND BUDGET RECOGNIZING RECEIPT OF A $500,000.00 GRANT FROM THE WASHINGTON STATE DEPARTMENT OF COMMERCE FOR THE ENERGY EFFICIENCY CREDIT ENHANCEMENT PROGRAM, APPROPRIATING $487,500.00 AND PLACING THE REMAINING $12,500.00 IN ESTIMATED ENDING UNDESIGNATED RESERVE.”

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


AB18851 2. AN AGREEMENT REGARDING THE COMMUNITY ENERGY CHALLENGE LOAN PROGRAM AMONG THE CITY OF BELLINGHAM, BANNER BANK, WHATCOM COUNTY AND THE CITY OF FERNDALE

SNAPP / LILLIQUIST moved to authorize the Mayor to enter into Energy Efficiency Loan Program Agreement regarding a Community Energy Challenge among the City of Bellingham, Whatcom County, City of Ferndale (on behalf of a consortium of small cities) and Banner Bank. MOTION CARRIED 7-0

SNAPP / LILLIQUIST moved to authorize the Finance Director to open an account at Banner Bank for the Community Energy Challenge. MOTION CARRIED 7-0.


AB18852 CB 13617
3. AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $75,000.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE TOURISM FUND FOR THE PICKFORD FILM CENTER

“AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $75,000.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE TOURISM FUND FOR CAPITAL IMPROVEMENTS TO THE PICKFORD FILM CENTER.”

SNAPP / WEISS 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

Jonathan Schilk, Landscape Architect reviewed the project during committee. Information only.


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

AB18854 1. NOISE VARIANCE REQUEST FOR ES #414 - 2009 OVERLAY AARA/STIMULUS PROJECT AT BAKERVIEW AND HANNEGAN ROAD AND ES #433 - 2010 OVERLAY STREET RESURFACING

BUCHANAN / SNAPP moved approval of a noise variance request to BMC 10.24.120(4) to allow ES #414 - 2009 Overlay AARA/Stimulus Project at Bakerview and Hannegan and ES #433 - 2010 Overlay Street Resurfacing. MOTION CARRIED 7-0.


AB18608 Resolution #2010-16
2. RESOLUTION DECLARING INTENTION TO FORM LOCAL IMPROVEMENT DISTRICT SEWER ASSESSMENT ON 34TH STREET BETWEEN TAYLOR STREET AND DONOVAN AVENUE AND SET A TIME AND DATE FOR A PUBLIC HEARING.

“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELLINGHAM, WASHINGTON DECLARING ITS INTENTION TO ORDER THE IMPROVEMENT OF 34TH STREET SEWER BETWEEN TAYLOR STREET AND DONOVAN AVENUE, BEGINNING APPROXIMATELY 1,500 FEET NORTH OF DONOVAN AND RUNNING SOUTH; AND TO CREATE A LOCAL IMPROVEMENT DISTRICT TO ACCESS THE COST AND EXPENSE OF CARRYING OUT THOSE IMPROVEMENTS AGAINST THE PROPERTIES SPECIALLY BENEFITED THEREBY, AND NOTIFYING ALL PERSONS WHO DESIRE TO COMMENT ON, OR OBJECT TO, THE IMPROVEMENTS TO APPEAR AND PRESENT THEIR OBJECTIONS AT A HEARING BEFORE THE CITY COUNCIL, TO BE HELD ON *July 12, 2010.

BUCHANAN / LILLIQUIST moved final approval of Resolution #2010-16 and *setting the time and date of the hearing as July 12, 2010. MOTION CARRIED 7-0.


AB18814 CB 13618
3. TRANS MOUNTAIN PIPELINE(PUGET SOUND) LLC FRANCHISE AGREEMENT ORDINANCE

“AN ORDINANCE GRANTING, TRANS MOUNTAIN PIPELINE (PUGET SOUND) LLC, A WASHINGTON LIMITED LIABILITY COMPANY, ITS SUCCESSORS, GRANTEES AND ASSIGNS, THE NONEXCLUSIVE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO CONSTRUCT, OPERATE, MAINTAIN, REMOVE, REPLACE, AND REPAIR EXISTING PIPELINE FACILITIES, TOGETHER WITH EQUIPMENT AND APPURTENANCES THERETO, FOR THE TRANSPORTATION OF PETROLEUM PRODUCTS AND BY-PRODUCTS WITHIN AND THROUGH THE CITY OF BELLINGHAM.”

SNAPP / BORNEMANN moved approval for first and second reading.

Council Member Bornemann explained that the franchise agreement is a separate issue from the Alberta oil fields situation and must be considered separately. The franchise agreement is a good agreement and is the issue at hand. He added that he would support a resolution condemning the Athabasca Oil Sands process.

Council Member Weiss said he appreciates the content of the agreement but will vote no to send a message that attention must be paid to the Athabasca Oil Sands situation in Alberta, Canada.

Other council members, while understanding the concerns related to the tar sands, agreed that the franchise must be considered separately.

MOTION CARRIED 6-1, WEISS opposed.


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

AB18808 CB 13608
1. ORDINANCE FOR MINOR TEXT AND MAP AMENDMENTS TO BMC 13.70 MULTI-MODAL TRANSPORTATION CONCURRENCY

AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BMC 13.70 MULTI-MODAL TRANSPORTATION CONCURRENCY.”

WEISS / SNAPP moved approval for first and second reading. 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

Council Member Bornemann reported that the Planning & Community Development Committee met to discuss incentive zoning for affordable housing. Guidelines for an ordinance, tentatively scheduled for the first meeting of June, 2010 will be presented to the full council.


EXECUTIVE SESSION - Report only.

1. LITIGATION: Squalicum Ridge Road SEPA Appeal: City staff provided an update on the City's appeal of Whatcom County's SEPA Mitigated Determination of Nonsignificance (MDNS) for the proposed Squalicum Ridge Road and the County's recent issuance of a Land Disturbance Permit for the project.

SNAPP / BORNEMANN moved to authorize an appeal of Whatcom County's Land Disturbance Permit (LDP2008-00089) for the proposed Squalicum Ridge Road to the Whatcom County Hearing Examiner. MOTION CARRIED 7-0.

2. Litigation Matter: Staff advised of a labor 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. Information only.

No items presented.


AB18855 2. MAYOR’S APPOINTMENT OF SUSAN HILTON TO THE WHATCOM MUSEUM FOUNDATION BOARD

SNAPP / BORNEMANN moved to authorize the Mayor’s appointment of Susan Hilton to the Whatcom Museum Foundation Board, term ending March 1, 2013. MOTION CARRIED 7-0.


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 at the next scheduled Council Meeting.


AB18856 1. BID AWARD FOR ASPHALT PAVEMENT CRACK SEALING, BID #25B-2010

AB18857 CB 13619
2. AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $216,965.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE GENERAL FUND FOR SETTLING A LEGAL DISPUTE

AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $216,965.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE GENERAL FUND FOR THE PURPOSE OF SETTLING A LEGAL DISPUTE REGARDING THE BUSINESS ACTIVITIES OF ENCOGEN NORTHWEST, L.P.”

AB18858 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM APRIL 2, 2010 TO APRIL 16, 2010

AB18859 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM APRIL 16, 2010 TO APRIL 23, 2010

AB18860 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM APRIL 23, 2010 TO APRIL 30, 2010

AB18861 6. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM APRIL 1, 2010 TO APRIL 15, 2010

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


FINAL CONSIDERATION OF ORDINANCES

AB18834 1. CB 13612
AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE SECTION 21.10.260 - VESTING - TO ALLOW FOR A ONE-TIME ECONOMIC HARDSHIP EXTENSION OF ISSUED LAND USE APPROVALS

BORNEMANN / LILLIQUIST moved approval for third and final reading.
LILLIQUIST / SNAPP moved to amend 21.10.260 D.1.b. to remove “adverse market conditions or” and add “an”. MOTION CARRIED 7-0.
Upon motion, said bill was placed on final passage and approved as amended 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 #2010-05-026 as amended.


AB18836 2. CB 13613
AN ORDINANCE RELATING TO THE 2010 BUDGET REVISING STAFFING IN THE PLANNING DEPARTMENT AND REALLOCATING EXPENDITURES IN THE COMMUNITY DEVELOPMENT BLOCK GRANT, TOURISM AND HOME GRANT FUNDS; AND REDUCING EXPENDITURES IN THE GENERAL FUND, PLACING THE RESULTING $4,284.00 GENERAL FUND SURPLUS INTO ESTIMATED ENDING UNDESIGNATED RESERVES

SNAPP / 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 #2010-05-027


AB18844 3. CB 13614
AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A WASHINGTON FINANCE OFFICERS ASSOCIATION GRANT AND APPROPRIATING AN ADDITIONAL $5,000.00 OF 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 #2010-05-028




ADJOURNMENT
There being no further business, the meeting adjourned at 8:37 p.m.

Gene Knutson, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 05/24/2010



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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