|Call to Order|
|Announcements & Upcoming Meetings:|
Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
|Pledge Of Allegiance|
Led by Jim Long.
|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|
|Council Standing Committee Meetings:|
|Finance & Personnel - 1:00 PM – 1:20 PM|
Members: Chair, Michael Lilliquist; Barry Buchanan; Seth Fleetwood
|AB19351 1. Review of 3rd quarter Finance Report|
|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. MOTION CARRIED 7-0.
|DIRECTION TO STAFF|
|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
|DIRECTION TO STAFF|
|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.
|DIRECTION TO STAFF|
|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.
|1st & 2nd|
|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 to develop further.
|RETURNED TO STAFF|
|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.
|1st & 2nd APPROVED|
|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.
|1st & 2nd APPROVED|
|AB19342 3. Worksession regarding the 2012 Budget - Library Department|
|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.||NO ACTION|
|3. Litigation: Hofstetter v. City of Bellingham: Staff provided an update on a litigation matter. Information only. No action taken.||NO ACTION|
|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
|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||(Consent Agenda)|
|AB19367 3. Authorization of check issue for accounts payable from September 30, 2011 to October 6, 2011||(Consent Agenda)|
|AB19368 4. Authorization of check issue for accounts payable from October 7, 2011 to October 13, 2011||(Consent Agenda)|
|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.
|CONSENT AGENDA APPROVED IN ITS’ ENTIRETY|
|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.
Next City Council Meeting
Monday, November 7 2011