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You are here: Home) Government) Council) Meeting Materials) February 27, 2012


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, February 27, 2012, 07:00 PM
Book: 66, Page: 1


REGULAR MEETING


Called To Order The meeting was called to order by Council President Terry Bornemann, who led the Pledge of Allegiance.

Roll Call
Present:
    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

Excused:

ANNOUNCEMENT(S)

    On Friday, February 24, 8:00 AM to 5:00 PM there will be a Special Executive Session of the Council to conduct interviews of candidates for City Attorney. Executive Sessions are not open to the public.
    On Monday, February 27, 10:00 AM to 12:00 PM, in the Mayor’s Board Room, there will be a special worksession of City Council for the purpose of work planning.
    On Monday, March 12, 7:00 PM in City Council Chambers, there will be two Public Hearings held simultaneously regarding: (1) a comprehensive plan amendment/rezone request, and (2) consideration of a development agreement, both for the Padden Trails development project.
    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 meeting.

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

APPROVAL OF MINUTES

SNAPP / KNUTSON moved approval of the February 13, 2012 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0.


15 - MINUTE PUBLIC COMMENT PERIOD

Gary Vodopich spoke in reference to the development agreement for Padden Trails Development LLC and noted concerns with:
    Section 6, paragraph 2; relating to allowances in place of a stormwater detention pond;
    Daylighting of Padden Creek / salmon enhancement;
    R1 change to R2 zoning.

Jon Raney. speaking on behalf of Birchwood Neighborhood Association Board, expressed concern about the removal of the portable toilet from Cedarwood Park due to funding cuts. He presented a letter to the council members detailing the Board’s concerns, which include, sanitation hazards and the inability to fully utilize the park. Additionally, the Board asked that as the city develops new park land, to please remember that existing parks need maintenance and at least, basic facilities.

Leonard Lindstrom discussed social issues.

Johnny Grames addressed the council on issues including the Whatcom Transit Authority and possible urban gardens in public spaces.

Bruce Deile updated Council on the results of his Small Claims Court appearance concerning labeling on cans of pepper spray indicating it can repel bear attacks. While the court does not have the authority to require a change to label, Mr. Deile would like to warn people of the dangers. Additionally, he addressed books in the Children’s section of the Library that, he feels are not appropriate for children and should be in the adult section of the Library.

Elizabeth Kilanowski asked that the City retain the Fire Belle as part of the fire protection system in the harbor.

Peter Gunn entertained council with candid comments.


PRESENTATION(S)

AB19468 1. Resolution honoring Joan Hoisington for her service

“A RESOLUTION OF THE CITY COUNCIL HONORING JOAN HOISINGTON FOR HER OUTSTANDING CONTRIBUTIONS TO THE CITY AND CITIZENS OF BELLINGHAM.”

KNUTSON / LILLIQUIST moved final approval of Resolution #2012-02. MOTION CARRIED 7-0.

REPORTS OF COMMITTEES

Council Standing Committees:

Transportation
Cathy Lehman, Chair
Jack Weiss; Gene Knutson

AB19469 1. Greenroads™ Award presentation and opportunities

Information only.


AB19470 2. Update on Northwest/Elm/Dupont bike lane project

LEHMAN / LILLIQUIST noted council’s concurrence with this project and directed staff to proceed. MOTION CARRIED 7-0.


Public Works / Public Safety
Stan Snapp, Chair
Seth Fleetwood; Gene Knutson

AB19395 1. Potential Expansion of Space for the Bellingham Railway Museum (Parkade) and separate proposal to lease space at Parkade for a 200 seat theatre

SNAPP / KNUTSON moved to direct staff to postpone further consideration until June, 2012. MOTION CARRIED 7-0


AB19471 2. Mandatory water meter installation - Implementation and Communication Plan

SNAPP/ KNUTSON moved to direct staff to proceed with development of this proposal. MOTION CARRIED 7-0.


AB19472 3. Wastewater In-flow and Infiltration (I&I) Program update

Information only.


Committee Of The Whole
Terry Bornemann, Chair
Jack Weiss, Gene Knutson, Cathy Lehman, Stan Snapp, Michael Lilliquist, Seth Fleetwood
          1. Approval of City Council Committee and/or Special Meeting minutes

None submitted at evening meeting.

          2. Old/New business

Council Member Lilliquist noted that he had received council support to request the state legislature to include Western Washington University in a budget proposal granting universities funding for emphasis on science and engineering training.

Council President Bornemann recognized Finance Director John Carter’s efforts in the success of the refunding bonds, which will save the city approximately $1.3 million.

Council Member Snapp noted an article in The Bellingham Herald regarding the sale of KVOS, a local TV Channel, and suggested the city notify the FCC asking that KVOS retain a local presence.


EXECUTIVE SESSION

1. Litigation: Whitworth Park LLC v. City of Bellingham: Staff provided an update on the status of a lawsuit filed by Whitworth Park, LLC in which it claimed that delay in processing its applications for a rezone, preliminary plat and wetland stream permit for a proposed 41 unit subdivision resulted in delay damages. These applications were submitted back in 2005 and were primarily processed by a former City employee.

While not in agreement with the claims, staff is recommending settlement of the lawsuit for business reasons: extensive staff resources needed, attorney fees and expenses, and the uncertain outcome of litigation.

LILLIQUIST / KNUTSON moved to authorize the City to enter into a settlement agreement under the following terms as full and final resolution of all issues, claims and causes of action raised in Plaintiff’s Complaint against the City.
    The City pay Whitworth Park, LLC $350,000.00 within 45 days; and
    The City Council consider a development agreement within 45 days which vests all permits necessary for the project for 7 years from the date of preliminary plat approval and requires the City to review and process all additional permits and approvals for the project as expeditiously as possible under the City’s regulations.

MOTION CARRIED 7-0.


2. Litigation: Whatcom County v. Whatcom County v. Western Washington Growth Management Hearings Board, et al:Staff provided an update on the five appeals filed in Whatcom County Superior Court challenging the Growth Board’s decision regarding Whatcom County’s Rural Element Update. 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.

Mayor Linville shared the plaque the City has received for the Greenroads Award.


AB19473 2. Mayor’s appointment of Jody Finnegan to the Tourism Commission

Information only.


AB19481 3. Mayor’s appointment of David Jefferson to the Lake Whatcom Watershed 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.

AB 19475, item 2 of the Consent Agenda: Council Member Weiss asked that the item be removed from the Consent Agenda for a clarification and separate consideration.


AB19474 1. Budget Ordinance to allow for receipt and spending of grant funds from Washington Association of Sheriffs and Police Chiefs totaling $6,500.

“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.”

AB19476 3. Interlocal Agreement between the City and the Port of Bellingham for mutual use of facilities.

AB19477 4. Bid award for spare parts for lift stations, Bid # 11B-2012

AB19478 5. Authorization of check issue for accounts payable from January 27, 2012 to February 2, 2012

AB19479 6. Authorization of check issue for accounts payable from February 3, 2012 to February 9, 2012

AB19480 7. Authorization of check issue for payroll from January 26, 2012 to February 10, 2012

KNUTSON / SNAPP moved to approve the Consent Agenda in its’ entirety. MOTION CARRIED 7-0.


AB19475 2. Resolution to set a public hearing date of April 11, 2012 before the Hearing Examiner for a vacation petition for the Rimland Drive right of way.

A RESOLUTION FIXING THE TIME FOR A PUBLIC HEARING ON A PROPOSED STREET VACATION FOR RIMLAND DRIVE, GENERALLY BETWEEN WOBURN STREET AND BARKLEY BOULEVARD.”

WEISS / LILLIQUIST moved final approval of Resolution #2012-03. MOTION CARRIED 7-0.


FINAL CONSIDERATION OF ORDINANCES


AB18851 1. 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 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 #2012-02-004


AB19235 2. AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 15.08.250 RELATING TO WATER USE RATES AND INCREASING THE RATE TO FUND PROPERTY ACQUISITION, OTHER LAND PRESERVATION MEASURES AND STORMWATER POLLUTION CONTROL PROJECTS IN THE LAKE WHATCOM WATERSHED

An amendment was approved during committee to delete from Section 15.08.250.H.2., second sentence “A minimum of”; and replace “shall” with “may”.

FLEETWOOD / SNAPP moved approval for third and final reading as amended. Upon motion, said bill was placed on final passage and approved by the following roll call vote:

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

MOTION CARRIED 5-2 and was thereafter named Ordinance #2012-02-005



AB19453 3. 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 / SNAPP 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 #2012-02-006


AB19454 4. 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 / SNAPP 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 #2012-02-007


AB19457 5. 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)

SNAPP / 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 #2012-02-008


AB19459 6. 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)

WEISS / SNAPP 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 #2012-02-009


AB19460 7. 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)

WEISS / SNAPP 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 #2012-02-010



ADJOURNMENT
There being no further business, the meeting adjourned at 8:01 p.m.
Terry Bornemann, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 03/12/2012



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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