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CITY COUNCIL AGENDA FOLLOW UP: March 26, 2012

Call to Order
Announcements & Upcoming Meetings:
    The City of Bellingham Finance Director, John Carter, will hold a public hearing at 2:00 p.m. on Wednesday, March 28, 2012, in the Yukon Room at Bellingham City Hall, concerning the proposed issuance by the City of tax-exempt limited tax general obligation refunding bonds.

Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
Pledge Of Allegiance
Led by Council President Bornemann.
Roll Call
All present.
Approval Of Minutes
SNAPP / KNUTSON moved approval of the March 12, 2012 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0.

APPROVED
15-Minute Public Comment Period
Presentation
AB19505 1. Mayor’s Proclamation of March as Women’s History Month
Information only.
Information only.
Public Hearing
AB19506 1. Consideration of a Development Agreement between Whitworth Park, LLC and the City regarding the 41-lot Whitworth Park Subdivision to be located in the 1100 block of Yew Street in the Whatcom Falls Neighborhood

“A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH WHITWORTH PARK, LLC IN SETTLEMENT OF LITIGATION.”
Public hearing held.
KNUTSON / WEISS moved final approval of Resolution #2012-06. MOTION CARRIED 7-0
Public hearing held.
Res. 2012-06 APPROVED
Council Standing Committee Meetings:
Finance & Personnel
Michael Lilliquist, Chair
Cathy Lehman; Stan Snapp
AB19507 1. An Ordinance adjusting Estimated 2012 Budgeted Beginning Reserves by $47,892,856 to equal actual beginning reserve balances

AN ORDINANCE RELATING TO THE 2012 BUDGET RECONCILING THE DIFFERENCES BETWEEN BUDGETED ESTIMATED 2012 BEGINNING RESERVE BALANCES AND ACTUAL 2012 BEGINNING RESERVE BALANCES, AND PLACING THE DIFFERENCES IN THE ENDING RESERVE BALANCES FOR A NET RESERVE INCREASE OF $47,892,856.00.”
LILLIQUIST / SNAPP moved approval for first and second reading. MOTION CARRIED 7-0.
1st & 2nd
APPROVED
AB19508 2. An Ordinance authorizing $14,444,030.90 in reappropriations for goods and services ordered in 2011, but unpaid at year end

AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING $14,444,030.90 IN ADDITIONAL FUNDS TO PAY FOR GOODS AND SERVICES ORDERED IN 2011 BUT UNPAID AT YEAR END CLOSING, FROM REVENUE AND ESTIMATED ENDING RESERVE BALANCES.”
LILLIQUIST / LEHMAN moved approval for first and second reading. MOTION CARRIED 7-0.
1st & 2nd APPROVED
AB19509 3. An Ordinance authorizing $41,154,197.38 in reappropriations for goods and services budged in 2011, but unencumbered at year end

AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING $41,154,197.38 IN ADDITIONAL RESOURCES TO PAY FOR GOODS AND SERVICES THAT WERE AUTHORIZED IN 2011 BUT WERE NOT OBLIGATED BY PURCHASE ORDER OR CONTRACT BY YEAR END, FROM ESTIMATED RESERVES AND REVENUE, AND PLACING $32,383.23 IN ESTIMATED ENDING DESIGNATED AND UNDESIGNATED RESERVES.”
LILLIQUIST / LEHMAN moved approval for first and second reading. MOTION CARRIED 7-0.
1st & 2nd
APPROVED
Parks And Recreation
Seth Fleetwood, Chair
Stan Snapp; Jack Weiss
AB19510 1. Update on Bloedel Donovan Park Maintenance and Management
Information only.
Information only.
AB19511 2. Resolution authorizing the City to apply for a grant through the Aquatic Lands Enhancement Account for Bloedel Donovan shoreline restoration

LOCAL AGENCY AQUATIC LANDS ENHANCEMENT ACCOUNT AUTHORIZING RESOLUTION DEVELOPMENT AND RESTORATION PROJECT BLOEDEL DONOVAN PARK SHORELINE RESTORATION.”
FLEETWOOD / KNUTSON moved final approval of Resolution #2012-07. MOTION CARRIED 7-0.
Res. 2012-07
APPROVED
AB19512 3. An Ordinance to accept a bequest of property from Allyn C. Deets

“AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON ACCEPTING BEQUEST FROM ALLYN C. DEETS.”
FLEETWOOD / WEISS moved approval for first and second reading. MOTION CARRIED 7-0.
1st & 2nd APPROVED
Lake Whatcom Reservoir & Natural Resources
Seth Fleetwood, Chair
Michael Lilliquist; Cathy Lehman; Stan Snapp
AB19513 1. The Lake Whatcom Work Plan Cost-Benefit Study
Information only.
Information only.
Public Works / Public Safety
Stan Snapp, Chair
Seth Fleetwood; Gene Knutson
AB19514 1. Water and Sewer Rate Study briefing
Council Member Snapp reported that council directed staff, during committee, to schedule a worksession as soon as possible to study policy issues.
DIRECTION TO STAFF
Planning & Community Development
Jack Weiss, Chair
Michael Lilliquist; Cathy Lehman; Seth Fleetwood
AB19515 1. Resolution approving the 2012 HUD Action Plan Amendment allocating federal funds from HUD for low and moderate income citizens of Bellingham

A RESOLUTION RELATING TO THE MODIFICATION OF THE 2012 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 2012 ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.”
WEISS / SNAPP moved final approval of Resolution #2012-08. MOTION CARRIED 7-0.
Res. 2012-08
APPROVED
AB19516 2. Downtown Plan - Overview of Phase I results
Information only.
Information only.
AB19483 3. A Comprehensive Plan Amendment and Rezone for approximately 113 acres in Areas 5 and 6, Samish Neighborhood. Applicant: Free Spirit Enterprises, LLC. Owner: Padden Trails, LLC

AB19484 4. Development Agreement associated with a Comprehensive Plan Amendment and Rezone for approximately 113 acres in Areas 5 and 6, Samish Neighborhood. Applicant: Free Spirit Enterprises, LLC. Owner: Padden Trails, LLC

WEISS / KNUTSON moved to close the written public comment. MOTION CARRIED 7-0.
WEISS / KNUTSON moved to reopen the written public comment. MOTION CARRIED 7-0.
Council directed staff to schedule a worksession in the afternoon on April 16, 2012. If the agenda is too full, the worksession will be moved to the evening.

Written comment remains open;
DIRECTION TO STAFF
Committee Of The Whole
Terry Bornemann, Chair
Jack Weiss, Gene Knutson, Cathy Lehman, Stan Snapp, Michael Lilliquist, Seth Fleetwood
AB19517 1. Technology Update Report
Information only.
Information only.
AB19518 2. An Ordinance for a budget amendment to increase 2012 appropriation for financial systems by $65,000

“AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING $65,000.00 FROM ESTIMATED ENDING DESIGNATED RESERVE IN THE TECHNOLOGY AND TELECOMMUNICATIONS FUND TO BE USED FOR UPGRADING AND REPLACING FINANCIAL SYSTEM SOFTWARE.”
KNUTSON / SNAPP moved approval for first and second reading. MOTION CARRIED 7-0.
1st & 2nd
APPROVED
          3. Approval of City Council Committee and/or Special Meeting minutes
None submitted at evening meeting.
          4. Old/New business
SNAPP / KNUTSON moved to authorize a letter to the new owners of KVOS TV, with a copy to the FCC, requesting that they keep a presence in the community. MOTION CARRIED 7-0

Council directed staff to prepare a resolution congratulating the Western Washington University Basketball team on the championship.

Council directed staff to schedule a worksession on April 16th of the Lake Whatcom Reservoir & Natural Resources Committee to discuss the boat launch, inspections and other issues related to Lake Whatcom.
Council Member Fleetwood and Council Member Lehman left Chambers.
Executive Session – Report and action only.
1. Labor Relations Update: Staff provided an update on two labor relations matters.
1.a.) On one contract negotiation, information was provided. No action was taken.
1.b.) Staff also provided an update on ratification of the AFSCME Local 114 bargaining agreement for 2012 – 2014.

KNUTSON / WEISS moved to approve the agreement with AFSCME Local 114 with the following terms:

Term: 3 years
Wages:
COLA 2012 – 0%
2013 – 1%
2014 – 1.75%
Benefits: Employees must buy-up to more expensive medical plan.
Deferred Comp: City provides a 1.5% match of employee’s base salary.
Medical Change
Incentive: City pays each active regular full-time employee $500, and regular part-time employee $250.

MOTION CARRIED 5-0 (SF, CL OUT OF CHAMBERS)

Mayor’s Report and Consent Agenda moved to this point in the agenda.Executive Session continued after Consent Agenda.
1.a. No action;
1.b. APPROVED
Mayor’s Report
          1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.
AB19481 2. Mayor’s appointment of David Jefferson to the Lake Whatcom Watershed Advisory Board for Council’s approval

SNAPP / KNUTSON moved to approve the Mayor’s appointment of David Jefferson to the lake Whatcom Watershed Advisory Board, term ending February 27, 2015. MOTION CARRIED 5-0. (SF, CL OUT OF CHAMBERS)
APPROVED
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.
AB19519 1. An Ordinance amending the budget to allow for receipt of Federal Emergency Management Agency (FEMA) Department of Homeland Security grant funds of $68,424.00

AN ORDINANCE RELATING TO THE 2012 BUDGET RECOGNIZING AWARD OF A $68,424.00 GRANT FROM THE DEPARTMENT OF HOMELAND SECURITY TO THE BELLINGHAM FIRE DEPARTMENT TO PURCHASE EXTRICATION SYSTEM TOOLS, AND APPROPRIATING RELATED EXPENDITURES IN THE GENERAL FUND.”
1st & 2nd
(Consent Agenda)
AB19520 2. Authorization of check issue for accounts payable from March 2, 2012 to March 8, 2012(Consent Agenda)
AB19521 3. Authorization of check issue for accounts payable from March 9, 2012 to March 15, 2012(Consent Agenda)
AB19522 4. Authorization of check issue for payroll from February 25, 2012 to March 9, 2012

KNUTSON / SNAPP moved to approve the Consent Agenda in its’ entirety. MOTION CARRIED 5-0. (SF, CL OUT OF CHAMBERS)
CONSENT AGENDA APPROVED IN ITS ENTIRETY
Council Member Fleetwood and Council Member Lehman returned to Chambers.
Executive Session – continued
2. Potential Property Acquisition: Staff provided information on the acquisition of the twelve-acre Pazaski property located on the water side of Marine Drive. The acquisition would create a publicly owned beach .64 miles in length, create a public overlook and access from Marine Drive and provide an explicit right to an at- or above-grade railroad crossing. The property is appraised at $380,000.00 and assessed at $483,284.00.
WEISS / SNAPP moved to authorize the purchase of said property at a purchase price of $407,500.00. MOTION CARRIED 7-0.
APPROVED
3. Potential Litigation: Removed from Executive Session.Removed
4. Potential Litigation: Staff provided an update on a potential litigation matter involving a contract between the City of Bellingham and American Traffic Solutions (ATS) related to a traffic safety camera system.
KNUTSON / LEHMAN moved to authorize the Mayor to execute an amendment to the contract with the following terms:
    The traffic safety camera system will not be implemented unless the city and ATS mutually agree to implementation in the next five years.
    The city is granted control over whether the system will ever be implemented.
    The contract automatically expires in five years.
    If the system is implemented in the next five years, ATS will be the vendor.
    The city agrees to not take any action that impairs the terms of the contract.
    The city will pay to ATS, $100,000.00 prior to June 1, 2012.
MOTION CARRIED 6-1, BORNEMANN opposed.
APPROVED
5. Potential Litigation: Staff provided information on a potential litigation matter. Information only. No action taken.NO ACTION
6. Litigation: City of Bellingham v. Whatcom County and Caitac: Staff provided an update on a litigation matter. Information only. No action taken.
NO ACTION
Final Consideration Of Ordinances
AB19486 1. AN ORDINANCE RELATING TO THE 2012 BUDGET PROVIDING FOR A STAFFING REORGANIZATION IN THE EXECUTIVE DEPARTMENT BY REALLOCATING $341,943.00 IN EXPENDITURES IN THE GENERAL FUND AND PLACING $83,927.00 IN SAVINGS IN ESTIMATED ENDING UNDESIGNATED RESERVE

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, FLEETWOOD, KNUTSON, LEHMAN, LILLIQUIST, SNAPP, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2012-03-012
Ord. 2012-03-012
APPROVED
AB19487 2. AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING UP TO $220,000.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE GENERAL FUND FOR THE PURPOSE OF PAYING OUR CONTRACTOR FOR THIRD PARTY AUDIT SERVICES IN CONNECTION WITH A UTILITY TAX AUDIT OF PUGET SOUND ENERGY, INC.

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2012-03-013
Ord. 2012-03-013
APPROVED
AB19488 3. AN ORDINANCE RELATING TO THE 2012 BUDGET CREATING A SPECIAL REVENUE FUND TO ACCOUNT FOR THE REMAINING U.S. DEPARTMENT OF INTERIOR GRANT RECEIVED FOR THE RESTORATION OF THE FEDERAL BUILDING

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2012-03-014
Ord. 2012-03-014
APPROVED
AB19489 4. AN ORDINANCE RELATING TO THE 2012 BUDGET AUTHORIZING AN ADDITIONAL $450,000.00 OF EXPENDITURES IN THE CLAIMS AND LITIGATION FUND FOR PAYMENT OF A SETTLEMENT AGREEMENT, DEFENSE COUNSEL FEES, AND LITIGATION EXPENSES RELATED TO A CIVIL CASE PENDING AGAINST THE CITY

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2012-03-015
Ord. 2012-03-015
APPROVED
AB19493 5. AN ORDINANCE RELATING TO THE 2012 BUDGET AUTHORIZING A LOAN OF UP TO $2,200,000.00 FROM THE FLEET FUND TO THE WATER FUND WATERSHED LAND ACQUISITION DEPARTMENT AND APPROPRIATING $2,200,000.00 IN THE FLEET FUND FOR THE INTERFUND LOAN AND APPROPRIATING $2,700,000.00 IN THE WATER FUND WATERSHED ACQUISITION FOR THE PURCHASE OF LAND AND 2012 PAYMENT ON THE INTERFUND LOAN

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2012-03-016

Ord. 2012-03-016
APPROVED
AB19498 6. AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING $64,000.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE GENERAL FUND TO BE USED FOR CONTINGENT COSTS IN THE LEGAL DEPARTMENT

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2012-03-017
Ord. 2012-03-017
APPROVED
Adjournment
There being no further business, the meeting adjourned at 9:51 p.m.

Next City Council Meeting
Monday, April 16, 2012


Disclaimer: This document is provided as a courtesy follow up of the City Council meeting. This document is not to be considered the minutes from the meeting rather a report of the action taken by Council. All information contained herein is subject to change upon further review of the tapes of proceedings and composure of the minutes from the meeting. Your comments and suggestions are welcome.
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