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RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, August 15, 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 Joan Hoisington.

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)

There are no upcoming special meetings or public hearings for the City Council in the next three weeks. Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.


APPROVAL OF MINUTES

LILLIQUIST / KNUTSON moved approval of the July 25, 2011 and August 1, 2011 minutes of the regular City Council meetings as submitted. MOTION CARRIED 7-0.


15 - MINUTE PUBLIC COMMENT PERIOD

David Norbut, General Manager, Lakeway Inn, expressed concern about vacant property behind the hotel which has many transients and has had many police and fire calls.

James LaHatt, has concerns about violence escalating in the city and asked council to temporarily reallocate funds and coordinate with Whatcom County to place those funds at the disposal of the Joint Task Force for Crime Violence.

Irene Morgan of ReEntry Coalition asked the council to endorse the Visionary Mastermind Conference plus Concert Celebration on Saturday, October 1, 2011 at Bellingham High School. [See action under “Other” after Mayor’s Report.]

Kristine Thomas representing her mother, Mrs. Thaut, asked for resolution on their property known as the L & J Thaut Cluster Short Plat. [See Executive Session, item 2].

Jeff Hinds spoke in opposition to the potential purchase of Chuckanut Ridge / Fairhaven Highands.

Johnny Grames encouraged everyone to vote in the primary election.

Bruce Deile continued his discussion with regarding to protecting oneself from grizzly bears with firearms vs. pepper spray.


REPORTS OF COMMITTEES

Parks And Recreation
Members: Chair, Gene Knutson; Terry Bornemann; Seth Fleetwood

AB19294 1. An ordinance appropriating $98,260 to plan, design, permit and complete construction projects at Lake Padden Golf Course

“AN ORDINANCE AMENDING THE 2011 BUDGET APPROPRIATING $98,260.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE GOLF COURSE FUND TO DESIGN AND CONSTRUCT EQUIPMENT WASHING AREAS, PLAN AND PERMIT GOLF COURSE POND RENOVATIONS AND COMPLETE CLUBHOUSE PAINTING.”

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


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

AB19295 1. Resolution for emergency repair of Nooksack Diversion Dam pipeline

“A RESOLUTION OF THE CITY OF BELLINGHAM, DECLARING THAT AN EMERGENCY EXISTED JUSTIFYING AN EXEMPTION FROM THE FORMAL BID PROCESS WITH REGARD TO EMERGENCY REPAIRS TO THE NOOKSACK RIVER DIVERSION PIPELINE.”

BUCHANAN / KNUTSON moved final approval of Resolution #2011-15. MOTION CARRIED 7-0.


AB19296 2. Ordinance appropriating funds for emergency repair to the Nooksack Diversion Dam pipeline

“AN ORDINANCE RELATING TO THE 2011 BUDGET APPROPRIATING $125,000.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE WATER FUND FOR EMERGENCY REPAIRS TO THE NOOKSACK DIVERSION DAM PIPELINE.”

BUCHANAN / WEISS moved approval for first and second reading. MOTION CARRIED 7-0.


AB19297 3. Bid opening and award for emergency repair - Nooksack Diversion Dam access road, Bid No 50B-2010

BUCHANAN / WEISS moved to award Bid No. 50B-2010 for emergency repair – Nooksack Diversion Dam access road to Trimaxx, Inc. of Sedro Woolley, 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 $589,403.42. MOTION CARRIED 7-0.


AB19298 4. Ordinance relating to LID Assessment Roll hearings and procedure for appeal of Hearing Examiner recommendations

“AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 2.56.050, SECTION (C), RELATING TO LOCAL IMPROVEMENT DISTRICT ASSESSMENT ROLL HEARINGS AND APPEALS OF HEARING EXAMINER RECOMMENDATIONS.”

This ordinance was amended in committee.
BUCHANAN / BORNEMANN moved approval for first and second reading. MOTION CARRIED 7-0


AB19299 5. Resolution setting an assessment roll hearing for the 34th Street Sewer LID #110 before the Hearing Examiner

“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELLINGHAM, WASHINGTON, SETTING THE DATE, TIME AND PLACE OF THE FINAL ASSESSMENT ROLL HEARING FOR THE 34TH STREET SEWER LID #1109, REFERRING THE MATTER TO THE HEARING EXAMINER TO PROVIDE FINDINGS AND RECOMMENDATIONS, AND PROVIDING FOR NOTICE OF THE HEARING.”

BUCHANAN / KNUTSON moved final approval of Resolution #2011-16. MOTION CARRIED 7-0.


AB19210 6. Ordinance approving Cascade Natural Gas franchise renewal

“AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, GRANTING CASCADE NATURAL GAS CORPORATION, A WASHINGTON CORPORATION, THE RIGHT, PRIVILEGE AND AUTHORITY AND FRANCHISE TO SET, ERECT, CONSTRUCT, SUPPORT, ATTACH, CONNECT AND STRETCH FACILITIES BETWEEN, MAINTAIN, REPAIR, REPLACE, ENLARGE, OPERATE AND USE FACILITIES IN, UPON, UNDER, ALONG AND ACROSS THE FRANCHISE AREA FOR PURPOSES OF TRANSMISSION, DISTRIBUTION AND SALE OF NATURAL GAS.”

This ordinance was amended in committee.
BUCHANAN / BORNEMANN moved approval for first and second reading. MOTION CARRIED 7-0.


Committee Of The Whole
Chair, Stan Snapp

AB19300 1. Mt. Baker Theatre annual report

Information only.


AB19301 2. Bellingham Tourism Commission annual report

Information only.


AB19302 3. Appointment of Committees to prepare arguments on the Traffic Safety Camera Initiative for the Local Voter’s Pamphlet

“A RESOLUTION OF THE CITY OF BELLINGHAM APPOINTING A COMMITTEE TO PREPARE PRO AND CON ARGUMENTS FOR THE LOCAL VOTERS PAMPHLET ON THE TRAFFIC SAFETY CAMERA INITIATIVE.”

BORNEMANN / WEISS moved final approval of Resolution #2011-17. MOTION CARRIED 7-0.

Joan Hoisington, City Attorney noted that all persons named in the ordinance to write pro and con statements are city residents.

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

None submitted at evening meeting.

          5. Old/New business

None presented.


Executive Session
Report and action.

1. Litigation: City of Bellingham v. Whatcom County re Squalicum Ridge Road Appeal, Case #11-2-01159-0: Staff provided information on a litigation matter. Direction given. No action taken.

2. Potential Litigation: Staff provided information on a potential litigation matter.

WEISS / KNUTSON moved to authorize Whatcom County Water District No. 7 to approve two new water connections for the L & J Thaut Cluster Short Plat. This authorization is conditioned upon the owners of the short plat first entering into a contract with the City to develop the new residential units on the property in accordance with the City’s Lake Whatcom Reservoir Regulatory Chapter or other equivalent standards to protect the water quality of Lake Whatcom, the City’s drinking water reservoir. MOTION CARRIED 7-0.


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

4. Potential Property Acquisition: Staff provided information on the potential acquisition of an approximately 82-acre parcel of property commonly known as Chuckanut Ridge / Fairhaven Highlands. The purchase price is $8,230,000. The seller is Washington Federal. Funds for the property acquisition are:
          a. $4.5 million from Greenways III
          b. $500,000 from Southside Park Impact Fees
          c. Balance of approximately $3.23 million plus closing costs from an interfund loan out of the principal of the Greenways Endowment Fund.

WEISS / KNUTSON moved to authorize the Mayor to enter into a purchase and sale agreement for purchase of the property for $8,230,000 plus closing costs. MOTION CARRIED 7-0.


MAYOR'S REPORT

          1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.

AB19303 2. Appointment of Dan Guyette to the Bellingham Public Development Authority

LILLIQUIST / WEISS moved to authorize the Mayor’s appointment of Dan Guyette to the Bellingham Public Development Authority, term ending August 15, 2014. MOTION CARRIED 7-0.


OTHER BUSINESS

KNUTSON/BUCHANAN moved to endorse the Visionary Mastermind Conference plus Concern Celebration on Saturday, October 1, 2011 at Bellingham High School. MOTION CARRIED 7-0.


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.

AB19304 1. Resolution correcting an error in the Fire Department Fee Schedule for review of commercial building permits

Res. 2011-18A RESOLUTION CORRECTING AN ERROR IN THE FIRE DEPARTMENT FEE SCHEDULE FOR REVIEW OF COMMERCIAL BUILDING PERMITS.”

AB19305 2. Authorization of check issue for accounts payable from July 22, 2011 to July 29, 2011

AB19306 3. Authorization of check issue for accounts payable from July 30, 2011 to August 4, 2011

AB19307 4. Authorization of check issue for payroll from July 26, 2011 to August 10, 2011

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


FINAL CONSIDERATION OF ORDINANCES

AB19273 1. AN ORDINANCE RELATED TO LAND USE REGULATION, AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 20.20 AND SECTION 21.10.150.B.1. TO CLARIFY COMPREHENSIVE PLAN AMENDMENT PROCEDURES, ADD DOCKETING CRITERIA, AND REVISE THE DECISION CRITERIA.

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
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2011-08-048


AB19289 2. AN ORDINANCE RELATING TO THE ANNEXATION OF APPROXIMATELY 6.1 ACRES OF UNINCORPORATED PROPERTY LOCATED ADJACENT TO THE EASTERN BOUNDARY OF THE BELLINGHAM CITY LIMITS AND COMMONLY KNOWN AS THE GENEVA/IDAHO ANNEXATION; ASSIGNING CITY LAND USE AND ZONING DESIGNATIONS, AND ESTABLISHING AN EFFECTIVE DATE

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2011-08-049



ADJOURNMENT
There being no further business, the meeting adjourned at 8:12 p.m.


Stan Snapp, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 09/12/2011



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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