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RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, November 07, 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 Jack Petree.

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)

    Friday, November 11, at 11:00 a.m., Veteran’s Day Celebration.
      On Monday, November 14, at 10:00 a.m. in the Mayor’s Boardroom, there will be a Worksession of the Council’s Lake Whatcom Reservoir and Natural Resources Committee to discuss a Cost/Benefit study of phosphorus reduction activities in the Lake Whatcom watershed.
      On Monday, November 14, at 1:00 p.m. in City Council Chambers there will be a Worksession regarding the 2012 Preliminary Budget to hear final department presentations and discussion of Council’s proposed budget amendments.
        November 14, 3:30 p.m. Continuation of Transportation Benefit District Meeting.
        On Tuesday, November 15, at 12:00 p.m. in the Mayor’s Boardroom there will be a Worksession of the Council’s Waterfront Development Committee to discuss policy application alternatives under consideration for waterfront development documents.
        On Monday, November 21, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding the proposed 2012 Budget.

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


      TRANSPORTATION BENEFIT DISTRICT No. 1:
        On Monday, November 7, at 12:00 p.m. in City Council Chambers there will be a meeting of the TBD #1 Board of Directors to discuss capital projects, Sunday transit program and the proposed 2012 budget.

      APPROVAL OF MINUTES

      KNUTSON / BUCHANAN moved approval of the October 24, 2011 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0.



      15 - MINUTE PUBLIC COMMENT PERIOD

      Andrew Shanafelt, representing the Muscular Dystrophy Association and Captain Ryan Provencher thanked the city for the successes of the Fill the Boot for Muscular Dystrophy campaign and noted that they had received $13,531.00 in 2011.

      Jack Petree referenced a letter he had written to a city employee with regard to clarifying when testimony is representing city policy on behalf of the city, or if the testimony is a private opinion. He feels the city should address this issue by direction to its’ employees with a resolution informing employees on how to participate in public process.

      Steve Shuck thanked the city for its’ measured response to the Occupy Bellingham movement and hopes this attitude will persist through the coming months.



      PRESENTATION(S)

      AB19371 1. Receipt of Cascade Natural Gas incentive for Aquatic Center energy efficiency

      Ryan Nelson, Resource Conservation Management Assistant provided a progress report on this project, which is about 50% complete. He reviewed upgrades at the Aquatic Center and noted that upcoming projects include the Federal Building boilers, Central Library HVAC roof top units and Parkade lighting.

      Allison Specter, Conservation Manager, Cascade Natural Gas presented a facsimile of a check representing the the city's portion of the incentive program in the amount of $109,312.00.

      Information only.


      REPORTS OF COMMITTEES

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

      AB19372 1. Presentation of Whatcom County Domestic Violence Protection Order Safety and Accountability Audit

      Presentation made during committee. Information only.


      AB19373 2. Third modification to Interlocal Agreement between What-Comm and Whatcom County

      BUCHANAN / KNUTSON moved to authorize the Mayor to enter into a modification to the Interlocal Agreement between What-Comm and Whatcom County. MOTION CARRIED 7-0.


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

      AB19374 1. Resolution for 2012 Rate Increase for athletic and park facility rentals

      A RESOLUTION ESTABLISHING FEES FOR THE USE OF CITY PARKS AND RECREATIONAL FACILITIES.”

      KNUTSON / BORNEMANN moved final approval of Resolution #2011-26. MOTION CARRIED 7-0.


      AB19375 2. Resolution for 2012 Rate increase for Bayview Cemetery

      A RESOLUTION ESTABLISHING FEES FOR BAYVIEW CEMETERY.”

      KNUTSON / BORNEMANN moved final approval of Resolution #2011-27. MOTION CARRIED 7-0.


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

      AB19376 1. Preliminary review of a new City/County Interlocal Agreement concerning planning, annexation, and development review in Bellingham’s urban growth area.

      Council Member Weiss reported that a public hearing at the City is scheduled for November 21st and the County will be reviewing the Interlocal Agreement on December 6th. Information only.


      Committee Of The Whole
      Chair, Stan Snapp

      AB19377 1. Mayor’s presentation of the WellCity Award of Achievement

      Information only.


      AB19342 2. Worksession regarding 2012 preliminary budget: presentations by Human Resources Department, Public Works Department and Planning and Community Development Department

      Presentations made during committee. Information only.


      AB19331 3. 2012 Property Tax Ordinance

      AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON RELATING TO THE LEVYING OF TAXES AND ESTABLISHING THE AMOUNT TO BE RAISED IN 2012 ON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY.”

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

      WEISS / KNUTSON moved to direct staff to prepare the necessary information for council to consider calculations including banked capacity on November 21, 2011. MOTION CARRIED 7-0.

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

      None submitted at evening meeting.

              5. Old/New business

      Council Member Bornemann noted that nominations for the 2012 Mayor’s Arts Award need to be submitted in December.

      Council Member Weiss noted that it has been 85 days since the Chuckanut Ridge purchase was approved and there is not a repayment plan in place. Council members Knutson, Bornemann and Fleetwood took issue with this statement and affirmed that a repayment plan is in place by virtue of being able to sell part of the property.


      Executive Session – report and action only.

      1. Potential Property Acquisition: Staff provided information on a potential property acquisition. Direction given. No action taken.

      2. Potential Property Acquisition: Staff provided information on a potential property acquisition. Direction given. No action taken.

      3. Litigation: Hofstetter v. City of Bellingham: 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 Pike stated that if needed, the repayment plan for the purchase of Chuckanut Ridge is to sell part of the property.



      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.

      AB19378 1. Acceptance of Domestic Violence and Sexual Assault Service Grant, No. 2011-WE-AX-0025

      AB19379 2. Interlocal Agreement between the City of Bellingham and Whatcom County Sheriff’s Office to establish a Fiber Optic Use Agreement

      AB19380 3. 2011 Library Gift Fund Ordinance

      AN ORDINANCE RELATING TO THE 2011 BUDGET RECOGNIZING RECEIPT OF DONATIONS TO THE LIBRARY GIFT FUND IN THE AMOUNT OF $53,524.00 AND APPROPRIATING RELATED EXPENDITURES.”

      AB19381 4. Bid Award 51B-2011 for 2011-2012 signal improvements

      AB19382 5. Authorization of check issue for accounts payable from October 14, 2011 to October 20, 2011

      AB19383 6. Authorization of check issue for accounts payable from October 21, 2011 to October 27, 2011

      AB19384 7. Authorization of check issue for payroll from October 11, 2011 to October 25, 2011

      KNUTSON / BUCHANAN moved approval of the Consent Agenda in its’ entirety. MOTION CARRIED.


      FINAL CONSIDERATION OF ORDINANCES

      AB19350 1. 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

      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 #2011-11-060


      5AB19359 2. AN ORDINANCE RELATING TO THE VACATION OF 26TH STREET AND THE ALLEY TO THE WEST, BETWEEN DOUGLAS AND TAYLOR AVENUES ABUTTING LOTS 1 - 30, BLOCK 251 AND 252, FAIRHAVEN LAND COMPANY'S THIRD ADDITION TO FAIRHAVEN, WA ALL WITHIN THE CITY OF BELLINGHAM

      LILLIQUIST / 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 #2011-11-061


      AB19360 3. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING BELLINGHAM MUNICIPAL CODE 7.12.130

      FLEETWOOD / KNUTSON moved to postpone third and final consideration to November 21, 2011. MOTION CARRIED 5-2, WEISS, LILLIQUIST opposed.


      ADJOURNMENT
      There being no further business, the meeting adjourned at 7:58 p.m. Stan Snapp, Council President

      ATTEST: Linda D. Anderson City Clerk Representative
      APPROVED: 11/21/2011



      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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