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RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, December 05, 2011, 07:00 PM
Book: 65, Page: 1


REGULAR MEETING


Called To Order The meeting was called to order by Council President Stan Snapp with the Pledge of Allegiance led by Jim Long.

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)
    Transportation Benefit District No. 1

On Monday, December 12 at 1:00 PM* in Council Chambers, there will be a meeting of the TBD Board of Directors to discuss transit options for 2012.

*On Monday, December 12, the City Council Committee meetings will begin at 2:00

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


APPROVAL OF MINUTES

None submitted.


15 - MINUTE PUBLIC COMMENT PERIOD

Leonard Lindstrom discussed social issues.

Johnny Grames questioned the presence of policemen at council meetings. Additionally he noted, with the variety of stores available downtown he encouraged new ideas on how to have a more viable downtown, such as more free parking.

Patrick McKee spoke in opposition to raising the fees for land acquisition in the Lake Whatcom Watershed [AB 19235]. Solutions he suggested include: an extreme downzone; immediate and complete ban of boating in the reservoir. Asking city residents to pay for land acquisition and capital projects within the watershed, for recreational boaters who are polluting the lake and the polluted stormwater run-off, is unreasonable.

Karl Kleeman, President & Chairman of the Board, Bellingham Railway Museum spoke of the transition from a volunteer group to a sustainable professional organization. He submitted a draft business plan and three year budget. He encouraged the council to consider allowing their expansion.

Shane Roth spoke regarding the Occupy Bellingham movement, and appreciated the community that continues to be a city of municipal restraint.

Elizabeth Kilanowski asked that funding be retained for the Fire Belle, the Bellingham fire boat.

Eric Goleen, Occupy Bellingham, explained the focus of some of their issues: they would like more public discussion regarding Post Point; they have asked that county council to consider the jail they're building; they would like to see mental health services expanded; would like 60 minute rail service to Seattle and he added that jobs and economic investment by the government are needed.



REPORTS OF COMMITTEES

Council Standing Committee Meetings:

Public Works / Public Safety
Members: Chair, Barry Buchanan; Jack Weiss; Gene Knutson

AB19395 1. Extension of lease term and potential expansion of space for the Bellingham Railway Museum

BUCHANAN / KNUTSON moved to direct staff to renew the lease with the Bellingham Railway Museum for three years at the current rate and re-evaluate the possible expansion into the adjoining 1,000 square feet in six months.
LILLIQUIST / KNUTSON moved to amend the motion to include the adjoining 1,000 square feet at $875.00 per month for both spaces. MOTION FAILED 3-4, WEISS, SNAPP, BUCHANAN, BORNEMANN opposed.
MAIN MOTION CARRIED 7-0.


AB19396 2. Resolution authorizing the Mayor to submit an application requesting Economic Development Investment (EDI) funding for improvements to the W. Bakerview overpass

A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION REQUESTING FUNDING FROM WHATCOM COUNTY’S ECONOMIC DEVELOPMENT INVESTMENT (EDI) PROGRAM TO PARTIALLY FUND THE IMPROVEMENTS TO THE WEST BAKERVIEW OVERPASS.”

BUCHANAN / LILLIQUIST moved final approval of Resolution #2011-28. MOTION CARRIED 7-0.


AB19397 3. Purchase of Mechanical CPR Devices

BUCHANAN / KNUTSON moved to approve the purchase of LUCAS Mechanical CPR Device and accessories from Physio-Control, Inc. (Quote #1-202298833) for $49,261.31 including sales tax. MOTION CARRIED 7-0.


Transportation
Members: Chair, Terry Bornemann; Michael Lilliquist; Jack Weiss

AB19398 1. Resolution adopting a base rate for 2012 Transportation Impact Fees per BMC 19.06.

A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING A TRANSPORTATION IMPACT FEE BASE RATE FOR 2012.”

BORNEMANN / WEISS moved final approval of Resolution #2011-29. MOTION CARRIED 7-0.


Planning & Community Development
Members: Chair, Jack Weiss; Michael Lilliquist; Seth Fleetwood; Gene Knutson

AB19376 1. City/County Interlocal Agreement concerning planning annexation and development review in Bellingham’s Urban Growth Area

Information only. Discussion continued to December 12, 2011 regular council meeting.


Lake Whatcom Reservoir & Natural Resources
Members: Chair, Seth Fleetwood; Michael Lilliquist; Barry Buchanan; Gene Knutson

AB19235 1. Ordinance to increase the water rate surcharge for the Lake Whatcom acquisition and stormwater program

AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON 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 POLLUTION CONTROL PROJECTS IN THE LAKE WHATCOM WATERSHED.”

SNAPP / LILLIQUIST moved to direct staff to defer further discussion and tentatively schedule a public hearing on January 23, 2012. MOTION CARRIED 7-0.



Committee Of The Whole
Chair, Stan Snapp

AB19399 1. Ratification of Real Estate Purchase and Sale Agreement and Development Agreement by and between the Bellingham Public Development Authority and Catholic Community Services for the sale of the 1100 Cornwall Property

SNAPP / LILLIQUIST moved to approve ratification of the Real Estate Purchase and Sale agreement and approval of the Development Agreement by and between the Bellingham Public Development Authority and Catholic Community Services regarding the sale of the 1100 Cornwall Avenue property. MOTION CARRIED 6-1, BUCHANAN opposed.


AB19400 2. Ordinance confirming final assessment roll for LID #1109 regarding sewer improvements along 34th Street between Taylor Street and Donovan Avenue

AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, APPROVING AND CONFIRMING THE ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT #1109 WHICH WAS CREATED TO FINANCE THE COST OF SEWER IMPROVEMENTS ALONG 34TH STREET BETWEEN TAYLOR STREET AND DONOVAN AVENUE, AND LEVYING AND ASSESSING THE AMOUNTS STATED IN THE ASSESSMENT ROLL AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND AND OTHER PROPERTY SHOWN ON THE ASSESSMENT ROLL; PROVIDING FOR THE COLLECTION OF THE ASSESSMENTS; DETERMINING THE INTEREST RATE; AND PROVIDING FOR DELINQUENCY PENALTIES.”

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


AB19342 3. Ordinance to adopt the City of Bellingham 2012 Annual Budget

AN ORDINANCE RELATING TO THE 2012 BUDGET OF THE CITY OF BELLINGHAM PROVIDING FOR THE ADOPTION OF SUCH BUDGET PURSUANT TO THE TERMS OF RCW 35.33.075, AND SETTING THE EFFECTIVE DATE.”

The public hearing was opened at the November 21, 2011 meeting. No citizen’s spoke and Council President Snapp closed the Public Hearing.

SNAPP / BUCHANAN moved approval for first and second reading.

Council Member Bornemann will oppose the budget because of adding an unsustainable police position without having a process about the position in relation to other city services and stabilizing other programs.

Council President Snapp feels that if anything is added into the budget there should be criteria for doing so, just as there is a criteria for cuts to the budget.

MOTION CARRIED 5-2, BORNEMANN, SNAPP opposed.

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

None submitted.

          5. Old/New business

Council Member Weiss noted that although an e-mail to American Traffic Solutions in 2008 says that council was aware of the possibility of traffic cameras in Bellingham, that is not true. The council was not informed until a recommendation was made by the FAST (Fiscal Alternatives for Stability Taskforce) Committee.

Council Member Weiss also noted that a fifth letter is being sent to Whatcom County stating the city’s opposition to Yew Street Roads’ inclusion in the Urban Growth Area. (UGA).


Executive Session – Report and action only.

1. Potential Litigation: Staff provided information on a potential litigation matter. Direction given. No action taken.

2. Potential Litigation: Staff provided information regarding the Interlocal Cooperation Agreement between Whatcom County and the Cities of Whatcom County dated September 2005, which relates to the distribution of funds received from the sales tax for countywide emergency medical services.

WEISS / BORNEMANN moved to authorize City administration to provide Whatcom County with notice of termination and notice of withdrawal from the Interlocal sales tax agreement in accordance with the termination and withdrawal provisions of such agreement. MOTION CARRIED 7-0.

3. Potential Litigation: Staff provided information on a potential litigation matter. Information only. No action taken.

4. Labor Negotiations: Staff provided an update on labor negotiations. 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.


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.

AB19401 1. Bid Award for centrifuge and gravity belt polymer for 2012, Bid #57B-2011

AB19402 2. Ordinance for 2011-2 Library Gift Fund appropriation

AN ORDINANCE RELATING TO THE 2011 BUDGET APPROPRIATING AN ADDITIONAL $18,600.00 FROM THE ESTIMATED ENDING DESIGNATED RESERVE IN THE LIBRARY GIFT FUND FOR THE PURCHASE OF CIRCULATION MATERIALS.”

AB19403 3. Ordinance for 2011 budget appropriation from the Tourism Fund

AN ORDINANCE RELATING TO THE 2011 BUDGET, APPROPRIATING AN ADDITIONAL $15,000.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE TOURISM FUND FOR SALARIES AND BENEFITS.”

AB19404 4. Ordinance for appropriation from the Department of Ecology into 2011 budget

AN ORDINANCE RELATING TO THE 2011 BUDGET RECOGNIZING AWARD OF A $10,000.00 GRANT FROM THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR BELLINGHAM BAY HABITAT RESTORATION AND APPROPRIATING $10,000.00 EXPENDITURES FOR A FEASIBILITY STUDY AND DESIGN SERVICES IN THE WATER FUND.”

AB19405 5. Ordinance for 2011 budget appropriating $75,000 in the Claims and Litigation fund for special legal services and claims payments

AN ORDINANCE RELATING TO THE 2011 BUDGET APPROPRIATING AN ADDITIONAL $75,000.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE CLAIMS AND LITIGATION FUND FOR SPECIAL LEGAL SERVICES AND UNANTICIPATED CLAIMS PAYMENTS.”

AB19406 6. Ordinance closing the 2001 Fire Unlimited Tax General Obligation Fund

AN ORDINANCE RELATING TO THE 2011 BUDGET FOR THE PURPOSE OF CLOSING THE 2001 FIRE UNLIMITED TAX GENERAL OBLIGATION (UTGO) BOND FUND.”

AB19407 7. Ordinance closing the Capital Maintenance Fund

AN ORDINANCE RELATING TO THE 2011 BUDGET CLOSING THE CAPITAL MAINTENANCE FUND AND APPROPRIATING THE TRANSFER OF THE BALANCE IN THE FUND TO THE FACILITIES FUND.”

AB19408 8. Ordinance closing the Technology Replacement and Reserve Fund

AN ORDINANCE RELATING TO THE 2011 BUDGET CLOSING THE TECHNOLOGY REPLACEMENT AND RESERVE FUND, APPROPRIATING THE TRANSFER OF THE BALANCE IN THE TECHNOLOGY REPLACEMENT AND RESERVE FUND TO THE TELECOMMUNICATION FUND, AND RENAMING AND EXPANDING THE PURPOSE OF THE TELECOMMUNICATION FUND.”

AB19409 9. Ordinance creating a new Special Revenue Fund

AN ORDINANCE RELATING TO THE 2012 BUDGET CREATING A SPECIAL REVENUE FUND TO ACCOUNT FOR A PORTION OF THE REVENUE RECEIVED FROM A CABLE TELEVISION FRANCHISE AGREEMENT THAT IS BEING SET ASIDE TO FUND THE OPERATION OF PUBLIC, EDUCATION AND GOVERNMENT ACCESS TELEVISION.”

AB19410 10. Ordinance creating a new Debt Service Fund

AN ORDINANCE RELATING TO THE 2012 BUDGET CREATING A DEBT SERVICE FUND TO ACCOUNT FOR REVENUE AND EXPENSES ASSOCIATED WITH THE QUALIFIED ENERGY CONSERVATION BOND.”

AB19411 11. Renewal of Interlocal Agreement with Whatcom County for Joint Usage of the Vactor Waste Transfer Facility

AB19412 12. Authorization of check issue for accounts payable from November 11, 2011 to November 17, 2011

AB19413 13. Authorization of check issue for payroll from November 11, 2011 to November 23, 2011

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



FINAL CONSIDERATION OF ORDINANCES

AB19391 1. AN ORDINANCE RELATING TO THE 2011 BUDGET FOR THE PURPOSE OF CLOSING THE OLYMPIC RESTORATION FUND AND TRANSFERRING ANY REMAINING BALANCE TO THE NATURAL RESOURCE PROTECTION AND RESTORATION FUND

KNUTSON / 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 #2011-12-065




ADJOURNMENT
There being no further business, the meeting adjourned at 7:54 p.m.

Stan Snapp, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 12/12/2011



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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