RECORD OF PROCEEDING OF CITY COUNCIL
CITY OF BELLINGHAM, WASHINGTON
COUNCIL CHAMBERS, CITY HALL
Monday, October 24, 2011, 07:00 PM
Book: 65, Page: 1
Called To Order The meeting was called to order by Council President Stan Snapp with the Pledge of Allegiance led by Jim Long.
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
· On Monday, October 31, 2011, 12:00 p.m.- 2:00 p.m., in the Mayor’s Boardroom there will be a Council Worksession to discuss the City’s Performance Measures Project
· On Monday, November 7, 12:00 - 12:55 p.m. in City Council Chambers there will be a meeting of the Transportation Benefit District #1 Board to receive an update on projects and to discuss the proposed 2012 budget.
Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
APPROVAL OF MINUTES
LILLIQUIST / WEISS moved approval of the October 10, 2011 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0.
15 - MINUTE PUBLIC COMMENT PERIOD
Yoshé Revelle warned against the affects of over consumption.
Johnny Grames noted that the Whatcom Watch has voter information and praised the process of democracy.
Dennis Lane Executive Director, Whatcom Community Television and Communication, looks forward to becoming partners with community nonprofits in creating local video programming with the establishment of Public Access broadcasting.
Bruce Deile reported that the Attorney General's office declined to take action on his request for action regarding warnings of the use of pepper spray as protection against bear attacks. He believes that retailers are not giving sufficient warning to consumers that use pepper spray for protection.
Wendy Harris voiced concerns regarding the Lake Whatcom Aquatic Invasive presentation by staff [AB19336]. Staff asked City Council to approve a prevention plan based on education and inspection, although this process has not yet been opened to public comment. She said, staff contacted the boating community in drafting the framework of the plan but the boating community does not speak for the interests of all residents who depend on the lake for drinking water. She made the following points:
· She does not support an inspection or permit system for Lake Whatcom as it will be ineffective and waste funds needed to control Asian Clams and invasive plant species that are already present.
This issue deserves wider public involvement. Ms. Harris asked the council to please reconsider its’ direction to staff to proceed with the proposed plan, until this matter is opened up for full public discourse.
REPORTS OF COMMITTEES
Finance & Personnel
Members: Chair, Michael Lilliquist; Barry Buchanan; Seth Fleetwood
AB19351 1. Review of 3rd quarter Finance Report
Report presented during committee. Information only.
Lake Whatcom Reservoir & Natural Resources
Members: Chair, Seth Fleetwood; Michael Lilliquist; Barry Buchanan; Gene Knutson
AB19336 1. Aquatic Invasive Species Prevention Program Recommendation
FLEETWOOD / KNUTSON moved to direct staff to proceed with an implementation plan for council consideration.
Council Member Weiss noted that Ms. Harris had made good points during public comment and believes the City, County and Water District are going to have to come to terms with the types of subsidies we are asking the entire community to provide. There is talk about an increase of our watershed surcharge, which the entire community will be paying for, in order to help support the efforts of a few that have been continuing to provide the phosphorous content of the lake and therefore, degrading it.
MOTION CARRIED 7-0.
Planning & Community Development
Members: Chair, Jack Weiss; Michael Lilliquist; Seth Fleetwood; Gene Knutson
AB19352 1. Resolution amending the 2011 Action Plan allocating federal funds from HUD for low and moderate-income citizens of Bellingham
“A RESOLUTION RELATING TO THE MODIFICATION OF THE 2011 ACTION PLAN OF THE 2008 - 2012 CONSOLIDATED PLAN, THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS AND DIRECTING THE MAYOR TO SUBMIT THE MODIFICATION OF THE 2011 ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.”
WEISS / KNUTSON moved final approval of Resolution #2011-23. MOTION CARRIED 7-0.
AB19353 2. Resolution approving the 2012 Action Plan allocating federal funds from HUD for low and moderate-income citizens of Bellingham
“A RESOLUTION RELATING TO THE ADOPTION OF THE 2012 ACTION PLAN OF THE 2008 - 2012 CONSOLIDATED PLAN, THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS, THE ALLOCATION OF FUNDS TO SUPPORT SELECTED CITY HUMAN SERVICE AGENCIES AND DIRECTING THE MAYOR TO SUBMIT THE 2012 ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.”
WEISS / KNUTSON moved final approval of Resolution #2011-24. MOTION CARRIED 7-0.
AB19204 3. Update on discussions regarding future development of former “DOT” (Department of Transportation) property in the Sunnyland Neighborhood
WEISS / KNUTSON moved to direct staff to move forward with the Sunnyland Neighborhood Association proposal for docketing consideration after April 2012. MOTION CARRIED 7-0
AB19354 4. Agreement for Management of Property at 600 West Holly Street
WEISS / LILLIQUIST moved to authorize the Mayor to enter into an agreement for management of property at 600 West Holly Street with the Bellingham Public Development Authority (BPDA). MOTION CARRIED 7-0.
AB19355 5. Worksession on a Pipeline Safety Ordinance
WEISS / KNUTSON moved to direct staff to develop an ordinance with the following provisions: consultation zones; setbacks for emergency facilities or hard-to-evacuate populations; general setbacks that would include single residential zones; require pipeline location for easements be added to plat maps; require pipeline location identified and safety issues addressed during the SEPA process; require that projects use the one-call locator number before starting construction; require physical protection of the pipeline during construction and prohibit manufacturing and the use of flammable liquids within a specified zone near a pipeline. MOTION CARRIED 7-0.
Public Works / Public Safety
Members: Chair, Barry Buchanan; Jack Weiss; Gene Knutson
AB19350 1. Olympic Pipe Line Company Franchise Renewal Ordinance
“AN ORDINANCE RENEWING A FRANCHISE AND GRANTING OLYMPIC PIPE LINE COMPANY, A CORPORATION, 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 WITHIN AND THROUGH CERTAIN RIGHTS-OF-WAY, STREETS AND PUBLIC PROPERTY WITHIN THE CITY OF BELLINGHAM.”
BUCHANAN / KNUTSON moved approval for first and second reading. MOTION CARRIED 7-0.
AB19356 2. Ordinance requiring abutting property owners to remove snow/ice from sidewalk
Council Member Buchanan reported that the committee had sent this proposal back to staff for further development.
AB19357 3. Bid Award for 2010-2011 Sewer Replacement Program, Bid #59B-2011
BUCHANAN / BORNEMANN moved to award Bid No. 59B-2011 for 2010–2011 Sewer Replacement Program (EU-0151) to Tiger Construction LTD of Everson, Washington as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid which is $675,289.00, which does not include WSST. MOTION CARRIED 7-0.
AB19358 4. Noise variance for 25 nights for the construction of the Advanced Traveler Information System on Interstate 5 at Samish Way and from Northwest Avenue to northern city limits
BUCHANAN / LILLIQUIST moved to allow a noise variance for the construction of the Advanced Traveler Information System on Interstate 5 for 25 nights. MOTION CARRIED 7-0.
Committee Of The Whole
Chair, Stan Snapp
AB19359 1. Closed Record Hearing to consider Western Washington University’s petition to vacate the portion of 26th Street and the alley to the West between Taylor and Douglas Avenues in Area 1C of the Happy Valley Neighborhood
Council President Snapp reported that the council voted unanimously during the Closed Record Hearing to accept Western Washington University’s petition to vacate with no monetary compensation.
“AN ORDINANCE RELATING TO THE VACATION OF 26TH STREET AND THE ALLEY TO THE WEST, BETWEEN DOUGLAS AND TAYLOR AVENUES ABUTTING LOTS 1 – 30, BLOCKS 251 AND 252, FAIRHAVEN LAND COMPANY’S THIRD ADDITION TO FAIRHAVEN, WA, ALL WITHIN THE CITY OF BELLINGHAM.”
BORNEMANN / BUCHANAN moved approval for first and second reading. MOTION CARRIED 7-0.
AB19360 2. Ordinance amending the Bellingham Municipal Code to regulate unreasonable bothersome noises generated by domesticated fowl such as roosters
“AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING BELLINGHAM MUNICIPAL CODE 7.12.130.”
Council Member Weiss reported that the ordinance had been amended during committee as follows: 1st Whereas, replace the word “chickens” with “roosters”. Section 7.12.130D, delete “any fowl as defined in 7.04.030(J), including but not limited to”; and to replace the word “peacock” with “peafowl”.
WEISS / KNUTSON moved approval for 1st & 2nd reading as amended. MOTION CARRIED 7-0.
AB19342 3. Worksession regarding the 2012 Budget - Library Department
Presented during committee. Information only.
· Unless every recreational watercraft is inspected, every time it enters Lake Whatcom, the risk of existing invasive species spreading or new species being introduced will remain. Given the number of private docks and small launch sites around the lake, it is not possible to achieve the necessary level of oversight.
· There is no basis for distinguishing between the risks posed by watercraft owned by local residents or visitors. A locally owned boat, that is inspected today, may go to another water body and bring back Zebra Mussels tomorrow. That is why the overwhelming majority of water reservoirs are closed to recreational uses.
· An education and inspection program avoids a realistic assessment of the situation and the difficult choices to be faced. The integrity of a water reservoir cannot be protected while allowing recreational water use. The city must chose one over the other and avoid any pretense that there is some system that makes these two uses compatible.
· The alternative to education and inspection is some form of regulatory restriction on the use of recreational watercraft, which will be more effective in protecting the city’s drinking water as well as less expensive.
None submitted at evening meeting.
4. Approval of City Council Committee and/or Special Meeting minutes
Council Member Lilliquist and Council Member Weiss will work with staff and other parties to examine the long term parking regulations in residential areas and present at a council worksession.
Executive Session – Report and action only.
1. Potential Property Sale: Staff provided information on the potential sale price of surplus real property located at 2932 East Sunset Drive which has been listed for sale under a listing agreement.
KNUTSON / BORNEMANN moved to authorize the sale of such property at the price of $160,000.00, with closing costs to be paid in accordance with standard terms contained in the Northwest Multiple Listing Service purchase and sale agreement. MOTION CARRIED 7-0.
2. Potential Litigation: Staff provided information on a potential litigation matter. Information only. No action taken.
3. Litigation: Hofstetter v. City of Bellingham: Staff provided an update on a litigation matter. Information only. No action taken.
4. Litigation: Lind Bros v. City of Bellingham – Wilkin: Staff provided an update on a litigation matter.
LILLIQUIST / BORNEMANN moved to authorize the City to appeal the Superior Court decision to the Court of Appeals. MOTION CARRIED 7-0.
5. Litigation: Lind Bros v. City of Bellingham - Superior Court No. 10-2-03292-1: Staff provided an update on a litigation matter.
BORNEMANN / LILLIQUIST moved to authorize the City to appeal the Superior Court decision to the Court of Appeals. MOTION CARRIED 7-0
5. Old/New business (heard after Consent Agenda)
AB19361 2. Mayor’s appointment of Gabriel Miles and Mike Smith to the Bellingham Arts Commission
BORNEMANN / KNUTSON moved to approve the Mayor’s appointment of Gabriel Miles, partial term to expire on December 31, 2012; and Mike Smith, partial term to expire on January 1, 2014. MOTION CARRIED 7-0.
AB19362 3. Mayor’s appointment of Barbara Ryan to the Museum Foundation Board
BORNEMANN / WEISS moved to approve the Mayor’s appointment of Barbara Ryan to the Museum Foundation Board, term ending October 24, 2014. MOTION CARRIED 7-0.
AB19363 4. Mayor’s appointment of Alex McLean to the Transportation Commission
BORNEMANN / BUCHANAN moved to approve the Mayor’s appointment of Alex McLean to the Transportation Commission, term ending October 24, 2014. MOTION CARRIED 7-0.
AB19364 5. Mayor’s reappointment of Therese Kelliher and Jim McCabe to the Transportation Commission
WEISS / LILLIQUIST moved to approve the Mayor’s reappointment of Therese Kelliher and Jim McCabe to the Transportation Commission, terms ending October 19, 2014. MOTION CARRIED 7-0.
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.
AB19365 1. Resolution setting 2012 City Council Meeting Schedule
Res. 2011-25 “A RESOLUTION FIXING THE TIMES AND DATES OF THE 2012 REGULAR MEETINGS OF THE BELLINGHAM CITY COUNCIL BEGINNING JANUARY 9, 2012.”
AB19366 2. Bid award for installation of two dewatering centrifuges at the Post Point Wastewater Treatment Plant, Bid No. 52B-2011
AB19367 3. Authorization of check issue for accounts payable from September 30, 2011 to October 6, 2011
AB19368 4. Authorization of check issue for accounts payable from October 7, 2011 to October 13, 2011
AB19369 5. Authorization of check issue for payroll from September 24, 2011 to October 10, 2011
KNUTSON / BORNEMANN moved to approve the Consent Agenda in its’ entirety. MOTION CARRIED 7-0.
FINAL CONSIDERATION OF ORDINANCES
AB18874 1. AN ORDINANCE RENEWING THE GRANT OF A FRANCHISE TO COMCAST OF WASHINGTON IV, INC. TO OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF BELLINGHAM; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING THE CITY REGULATION AND ADMINISTRATION OF THE CABLE SYSTEM AND TERMINATING ORDINANCE NO. 10709.
WEISS / BORNEMANN 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
MOTION CARRIED 7-0 and was thereafter named Ordinance #2011-10-059
There being no further business, the meeting adjourned at 7:57 p.m.
Stan Snapp, Council President
ATTEST: Linda D. Anderson City Clerk Representative
1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.
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