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You are here: Home) Government) Council) Meeting Materials) April 16, 2012


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, April 16, 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 Monday, May 3, at 12:00 PM in City Council Chambers there will be a Joint meeting of the Bellingham City Council and the Port of Bellingham Commissioners.
    On Monday, May 7, at 7:00 PM in City Council Chambers there will be a Public Hearing regarding a rezone of property between Area 5 of the Happy Valley Neighborhood and Area 2A of the Fairhaven Neighborhood in the 1400 block of 14th Street from Residential to Commercial.
    On Monday, May 14, at 7:00 PM in City Council Chambers there will be a Public Hearing regarding an amendment to the City’s Comprehensive Plan to add a new Environmental Element Chapter.

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


APPROVAL OF MINUTES

SNAPP / KNUTSON moved approval of the March 26, 2012 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0.


15 - MINUTE PUBLIC COMMENT PERIOD

Elizabeth Kilanowski shared her experience of the Squalicum Harbor Boathouse Fire on March 30, 2012 and thanked the police and fire departments for their efforts. She asked that the city work with the Port of Bellingham, the boating community, waterfront property owners and businesses, to purchase and maintain a fire boat and that it be named the Sterling James after the two young people who lost their lives in the fire.

Johnny Grames addressed the council on issues including Whatcom Transit Authority, downtown parking, marijuana dispensaries and the eviction of the Occupy Bellingham participants.

Jane Lindelof feels there is a strong interest in the City of Bellingham to pass a resolution that calls for overturning the Supreme Court decision: Citizens United vs. Federal Election Commission. In the coming weeks she will be collecting signatures indicating support from members of the community and will present the signatures to the City Council in May. She hopes the council will consider passing a resolution at the June 4, 2012 meeting.

Robin Leavy expressed concern about the Supreme Court decision: Citizens United vs. Federal Election Commission and hopes the Council will agree and join the timeline that has been proposed nationally [for a resolution].

Bill Geyer [re: AB 19483 & AB 19484] submitted a letter noting that the Planning and Development Commission had recommended approval of the Padden Trails, LLC submittal of a Development Agreement. Staff provided reasons why such an agreement is premature and the applicant concurs. At various times, the City has used a Concomitant Agreement to span the gap between general polices and site specific conditions. Padden Trails LLC is in favor of pursuing a Concomitant Agreement should the council deem that it is an appropriate tool.

PRESENTATION(S)
[Item 2 was presented first.]

AB19524 2. Review of Squalicum Harbor boathouse fire

Fire Chief Bill Boyd and Police Lt. Robert Vander Yacht gave a comprehensive report on the events of the fire, which occurred on March 30, 2012 in Squalicum Harbor, and its’ aftermath. A unified Command was established of the Coast Guard, Port of Bellingham, Washington Department of Ecology and Bellingham Fire and Police. Cause of the fire is unknown at this time and the investigation continues.

The key take away from this tragedy is the need to take a pro-active approach which includes, Port administration and marina tenants understanding the significant fire risk inherent in marina operations, boater fire prevention education, and a comprehensive assessment and analysis of the safety of current boathouses and the practice of live-aboards. Additionally, there is the importance of early detection, notification (alarms and 911 reporting) and engineered fire protection features like draft curtains, separation barriers and perhaps even fire sprinklers.

Information only.


AB19523 1. Resolution honoring Western Washington University

A RESOLUTION OF THE CITY COUNCIL TO RECOGNIZE WESTERN WASHINGTON UNIVERSITY VIKINGS DIVISION II MEN’S BASKETBALL NATIONAL CHAMPIONSHIP.”

KNUTSON / WEISS moved final approval of Resolution #2012-09. MOTION CARRIED 7-0.



REPORTS OF COMMITTEES

Transportation
Cathy Lehman, Chair
Jack Weiss; Gene Knutson

AB19525 1. Transportation Commission Update

Council Member Lehman reported on presentation made during committee. Information only.


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

AB19526 1. Filter-clogging algae mitigation evaluation

SNAPP / KNUTSON moved to approve the Dissolved Air Floatation technology alternative and direct staff to add it to the City’s Water System Comprehensive Plan. MOTION CARRIED 6-1, WEISS opposed.


Planning & Community Development
Jack Weiss, Chair
Michael Lilliquist; Cathy Lehman; Seth Fleetwood

AB19527 1. Update on Homeless Service Center

Council Member Weiss reported on the presentation made during committee. Information only.


AB19528 2. Update on 1100 Cornwall Avenue project

Council Member Weiss reported on the presentation made during committee. Information only.


AB19376 3. Final consideration of a new City/County interlocal agreement concerning planning, annexation and development review in Bellingham’s urban growth area.

WEISS / KNUTSON moved to authorize the Mayor to enter into an Interlocal Agreement with Whatcom County concerning planning, annexation and development within the Bellingham Urban Growth Area (UGA). MOTION CARRIED 7-0.


AB19483 4. 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

Council Member Weiss summarized the proposal and the process to date.

Council Member Weiss reviewed a decision framework he has compiled with six options for consideration.

Council Member Lilliquist submitted a memo that weighs the proposal against the Comprehensive Plan Amendment Decision Criteria and the Rezone Decision Criteria.

LEHMAN moved to approve the Planning Commission’s recommendation. There was no second and the motion died.

LILLIQUIST / KNUTSON moved to approve the memo submitted by Council Member Lilliquist which assesses the current proposal and applies new findings and conclusions.

FLEETWOOD / KNUTSON moved to refer discussion [of the memo] to the Planning Committee as soon as possible. MOTION CARRIED 6-1, BORNEMANN opposed.

KNUTSON / LEHMAN moved to reconsider Council Member Lilliquist’s motion. MOTION CARRIED 5-2, LILLIQUIST, WEISS opposed.

LILLIQUIST withdrew his motion.

FLEETWOOD / KNUTSON moved to return the proposal to committee for further consideration and directed staff to schedule a Planning Committee meeting on Monday, April 23, 2010; 10:00 a.m. – Noon. MOTION CARRIED 6-1, BORNEMANN opposed.

KNUTSON left chambers.


AB19484 5. 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

LEHMAN / LILLIQUIST moved to deny the development agreement. MOTION CARRIED 6-0, KNUTSON out of chambers.

KNUTSON returned to chambers.


Committee Of The Whole
Terry Bornemann, Chair
Jack Weiss, Gene Knutson, Cathy Lehman, Stan Snapp, Michael Lilliquist, Seth Fleetwood

AB19529 1. Bellingham-Whatcom County Commission Against Domestic Violence annual presentation

Information only.

          2. Approval of City Council Committee and/or Special Meeting minutes

None submitted at evening meeting.

          3. Old/New business

Council Member Lehman announced that she and Council President Bornemann will be working as an ad hoc committee to determine ways that the council committees can perform more effectively, and will report back to council.

Council Member Lehman asked for direction on how to respond to a letter from a Seattle City Council member. Council President Bornemann explained that if she would like council to address the letter, then she would need to bring it forward to council.


Executive Session – Report & Action

1. Potential Litigation: Staff provided an update on a potential litigation matter. Direction was provided to staff. No action was taken.

2. Potential Litigation: Staff provided an update on a potential litigation matter. Information only. No action taken.

3. Litigation: City of Bellingham v. Whatcom County and Caitac: Staff provided an update on a 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.

Mayor Linville noted that she would have a report for council regarding Chuckanut Ridge by April 26, 2012.

Mayor Linville will be reviewing earlier findings regarding the Gateway Pacific Terminal and will determine if those findings will be resubmitted to the Department of Ecology or if changes need to be made.


AB19530 2. Mayor’s appointment of Garrett O’Brien to the Planning and Development Commission

SNAPP / KNUTSON moved to approve the Mayor’s appointment of Garrett O’Brien to the Planning and Development Commission, term ending April 16, 2016. MOTION CARRIED 7-0.


AB19531 3. Mayor’s appointment of Charles Law to the Mayor’s Neighborhood Advisory Commission

Information only.


AB19532 4. Mayor’s appointment of Karen Stuen to the Sister Cities 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.

AB19533 1. Resolution adding May 14, 2012 to the schedule of Council Meeting dates

Res. #2012-10 "A RESOLUTION ESTABLISHING ADDITIONAL COMMITTEE MEETINGS AND REGULAR MEETING OF THE BELLINGHAM CITY COUNCIL ON MAY 14, 2012."

AB19534 2. Interlocal Agreement for Automatic Aid and Training Facility Use Agreement between North Whatcom Fire and Rescue Services and Bellingham Fire Department

AB19535 3. An Ordinance relating to the 2012 Budget appropriating $100,000 from Estimated Ending Undesignated Reserves in the General Fund for payment to American Traffic Solutions.

AN ORDINANCE AMENDING THE 2012 BUDGET APPROPRIATING $100,000.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE GENERAL FUND TO PROVIDE FOR AN AMENDMENT TO THE CITY’S CONTRACT WITH AMERICAN TRAFFIC SOLUTIONS (ATS).”

AB19536 4. Authorization of check issue for accounts payable from March 9, 2012 to March 15, 2012

AB19537 5. Authorization of check issue for accounts payable from March 16, 2012 to March 22, 2012

AB19538 6. Authorization of check issue for accounts payable from March 23, 2012 to March 29, 2012

AB19539 7. Authorization of check issue for payroll from March 10, 2012 to March 23, 2012

AB19540 8. Authorization of check issue for payroll from March 24, 2012 to April 10, 2012

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


FINAL CONSIDERATION OF ORDINANCES

AB19507 1. AN ORDINANCE RELATING TO THE 2012 BUDGET RECONCILING THE DIFFERENCES BETWEEN BUDGETED ESTIMATED 2012 BEGINNING RESERVE BALANCES AND ACTUAL 2012 BEGINNING RESERVE BALANCES, AND PLACING THE DIFFERENCES IN THE ENDING RESERVE BALANCES FOR A NET RESERVE INCREASE OF $47,892,856.00


KNUTSON / 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 #2012-04-018


AB19508 2. AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING $14,444,030.90 IN ADDITIONAL FUNDS TO PAY FOR GOODS AND SERVICES ORDERED IN 2011 BUT UNPAID AT YEAR END CLOSING, FROM REVENUE AND ESTIMATED ENDING RESERVE BALANCES.

KNUTSON / 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 #2012-04-019


AB19509 3. AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING $41,154,197.38 IN ADDITIONAL RESOURCES TO PAY FOR GOODS AND SERVICES THAT WERE AUTHORIZED IN 2011 BUT WERE NOT OBLIGATED BY PURCHASE ORDER OR CONTRACT BY YEAR END, FROM ESTIMATED RESERVES AND REVENUE, AND PLACING $32,383.23 IN ESTIMATED ENDING DESIGNATED AND UNDESIGNATED RESERVES

LEHMAN / 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 #2012-04-020


AB19512 4. AN ORDINANCE OF THE CITY OF BELLINGHAM WASHINGTON ACCEPTING BEQUEST OF PROPERTY FROM ALLYN C. DEETS

LEHMAN / 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, FLEETWOOD, KNUTSON, LEHMAN, LILLIQUIST, SNAPP, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2012-04-021


AB19518 5. AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING $65,000.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE TECHNOLOGY AND TELECOMMUNICATIONS FUND TO BE USED FOR UPGRADING AND REPLACING FINANCIAL SYSTEM SOFTWARE

LEHMAN / 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
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2012-04-022


AB19519 6. AN ORDINANCE RELATING TO THE 2012 BUDGET RECOGNIZING AWARD OF A $68,424.00 GRANT FROM THE DEPARTMENT OF HOMELAND SECURITY TO THE BELLINGHAM FIRE DEPARTMENT TO PURCHASE EXTRICATION SYSTEM TOOLS, AND APPROPRIATING RELATED EXPENDITURES IN THE GENERAL FUND

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 #2012-04-023




ADJOURNMENT
There being no further business, the meeting adjourned at 9:35 p.m.


Terry Bornemann, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 04/23/2012



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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