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You are here: Home) Government) Council) Meeting Materials) September 12, 2011


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, September 12, 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 Fire Chief Bill Boyd.

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)
    · On Monday, September 26th, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding the preliminary 2012 General Fund Revenue Budget including the property tax levy.
    · On Monday, September 26th, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding an update to the Sehome Neighborhood Plan.
    · On Monday, September 26th, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding the Comcast Franchise Agreement renewal. Please see http://www.cob.org/comcast for more details.

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


Fire Chief Bill Boyd presented a reading in commemoration of the tenth anniversary of 9/11.


APPROVAL OF MINUTES

KNUTSON / BORNEMANN moved approval of the August 15, 2011 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0.



15 - MINUTE PUBLIC COMMENT PERIOD

Regarding the budget amendment authorizing a loan for the purchase of Chuckanut Ridge, the following citizens spoke in favor of moving forward with the purchase. [AB 19317]:
Michael Chiavario
Tip Johnson
Peter Frye
John Brown
Gerry Wilbour
Dr. Robert Gibb
Christopher Grannis
Bernie Wall
Keith DeAngelo
Alex McLean
Robin duPré. Ms. duPré also offered her assistance in establishing a citizens committee to review funding options.
Johnny Grames Mr. Grames also expressed concern about police presence at the City Council Meetings and said he would like better access to the city's libraries.
John Watts spoke in favor of the purchase of Chuckanut Ridge but urged caution offered suggestions to help clarify the proposed ordinance language:
    1. Make this purchase completely from Greenways III funding, plus any related funds specifically intended for this purpose (parks, impact fees, etc). A possibility of obtaining additional funds dedicated to Greenways III also exists, including but not limited to: future sale of a portion of the property purchased, gifts and donations, sale of property rights.
    2. Under no circumstances allow the use of scarce city funds to be used for this purpose, including but not limited to, the General Fund, rainy day and reserve funds and any future Greenways levies that may come to pass. If you do not specifically state this, the fund will most certainly need to be used and that is not acceptable under the fiscal pressures that exist.
    3. Greenways III funds tentatively allocated for other areas of the city need to be respected as closely as possible with the understanding that ‘robbing Peter to pay Paul' is not acceptable. Such overages might also be corrected later in the event of a future Greenways levy but the Greenways endowment fund is critical to sustaining our parks and should be restored as soon as possible.

Leonard Lindstrom discussed social issues.

Mary Petty expressed concern that according to geologic surveys, an earthquake with a possible magnitude of 9.5 is anticipated for this area. Additionally, she suggested hiring the unemployed to help citizens clear their brush and trim trees from their properties.


PRESENTATION(S)

AB19308 1. Veteran Support Services presentation

Information only.

AB19309 2. Washington Conservation Corps presentation

Information only.


REPORTS OF COMMITTEES

COUNCIL STANDING COMMITTEE MEETINGS:

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

AB19310 1. Natural Resources Committee Quarterly Update

Presentation made during committee. Information only.


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

AB19311 1. Authorization of Management Services Agreement with Bellingham/Whatcom County Tourism

WEISS / KNUTSON moved to authorize the Mayor to enter into a Management Services Agreement with Bellingham/Whatcom County Tourism for a term of four years. MOTION CARRIED 7-0.


AB19312 2. City Center Master Plan project update

No direction given. Information only.


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

AB19313 1. Bid Award for 2011 Trenchless Sewer Replacement Project, Bid No. 54-B-2011

BUCHANAN /WEISS moved to award Bid No. 54B-2011 for 2011 Trenchless Sewer Replacement Project to Interwest Construction, Inc. of Burlington, 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 $594,589.00, which includes WSST. MOTION CARRIED 7-0.


AB19314 2. Resolution to adopt the Whatcom County Multi-jurisdictional Hazard Mitigation Plan

A RESOLUTION TO ADOPT THE WHATCOM COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN, DATED AUGUST 8, 2011.”

BUCHANAN / LILLIQUIST moved final approval of Resolution #2011-19. MOTION CARRIED 7-0.


AB19315 3. Resolution eliminating the Fire Department’s annual renewal fee for Fire Operational permits and reduction of permit fees for retail sale of fireworks

A RESOLUTION ELIMINATING THE FIRE DEPARTMENT’S ANNUAL RENEWAL FEE FOR OPERATIONAL PERMITS AND REDUCING THE PERMIT FEE FOR THE RETAIL SALE OF FIREWORKS.”

BUCHANAN / BORNEMANN moved final approval of Resolution #2011-20. MOTION CARRIED 7-0.


AB19116 4. Sunnyland Inflow and Infiltration (I&I) Project Update

Information only.


Finance & Personnel
Members: Chair, Michael Lilliquist; Barry Buchanan; Seth Fleetwood

AB19316 1. Staff reorganization at Civic Athletic Complex

AN ORDINANCE RELATING TO THE 2011 BUDGET REORGANIZING STAFFING IN THE PARK DEPARTMENT RECREATION DIVISION FOR THE CIVIC FIELD ATHLETIC COMPLEX, WHERE NO ADDITIONAL APPROPRIATION OR REALLOCATION OF FUNDS IS REQUIRED.”

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


AB19317 2. Budget Amendment allocating funds to purchase approximately 82 acres of land from Washington Federal Savings Bank

“AN ORDINANCE RELATING TO THE 2011 BUDGET AUTHORIZING A LOAN UP TO $3,400,000.00 FROM THE GREENWAYS MAINTENANCE ENDOWMENT FUND TO THE GREENWAYS III FUND, APPROPRIATING $3,400,000.00 IN THE GREENWAYS MAINTENANCE ENDOWMENT FUND FOR THE INTERFUND LOAN, TRANSFERRING $500,000 PREVIOUSLY APPROPRIATED FOR LAND ACQUISITIONS IN THE PARK IMPACT FEE FUND TO THE GREENWAYS III FUND, AND APPROPRIATING $3,908,000.00 IN THE GREENWAYS III FUND FOR PURCHASE OF LAND KNOWN AS CHUCKANUT RIDGE AND 2011 PAYMENT ON THE INTERFUND LOAN.”

FLEETWOOD / BUCHANAN moved to amend the proposed ordinance as follows:
    Whereas #6: delete “and loan repayments are budgeted in the Greenways III budget”; and
    Section 1, paragraph 3: delete “Principal repayment are pledged to be made from any and all funds dedicated for the purpose of acquiring park land.”

MOTION CARRIED 7-0.

LILLIQUIST / KNUTSON moved approval for first and second reading.

Council Member Lilliquist clarified that this is a purchase agreement and it is not a repayment plan. The Finance Committee will be meeting as soon as possible to discuss options for a repayment plan.

Council Member Weiss expressed frustration and concern. While he supports the purchase, he has thoughts and concerns that include:
    · while this purchase fulfills very important Greenways goals, (trail connection wetlands) the purchase could probably have been scaled down to secure everything north of the wetlands, rather than the whole piece;
    · the city will have to borrow money to pay for this and a repayment plan is not in place;
    · the hope that the Finance Committee is successful in determining funding options in a very short period of time;
    · the city needs a bullet proof agreement that cannot be changed by a future council;
    · there could be some development in order to pay for the purchase and also uphold the Comprehensive Plan responsibilities associated with infill in the city;
    · established procedures for property purchase for Greenways were not followed; and
    · the Strategic Plan developed by the Greenways Committee has been postponed several times by council.

Mr. Weiss feels that this is premature and a bad decision that he cannot support.

Council Member Bornemann explained that in 2005 the previous council, after vigorous debates about Greenways III and Chuckanut Ridge settled on a compromise to put a Greenways measure on the ballot that would allocate up to $8 million ($6 million plus $2 million) for the purchase of Chuckanut Ridge. He reiterated that the Greenways Committee has brought the Strategic Plan to council five times for approval of a Southside Plan. The council has not approved it because the city has been in the midst of trying to work on this sale and trying to make it happen. Based on the stories he has heard from people who have worked so hard to make this property acquisition happen he believes, in the end, this will be a great purchase for all of Bellingham.

Council Member Knutson fully supports the purchase and feels the plan is solid.

Council Member Buchanan explained that he had brought up the idea of convening the Finance Committee to begin looking at funding options through the community’s creativity. He said that our community is up to the task of exploring funding options and it important that the city is diligent in making sure that we make this loan whole. He will take the leap of faith and support this ordinance because he knows we will make this work.

Council Member Fleetwood is confident that the interfund loan will be repaid. It is abundantly clear that the time to purchase this property is now. He affirmed his respect for the city’s advisory boards and said that the allocations recommended by the Greenways Committee will be respected.

Council Member Lilliquist acknowledged that, while this is a large chunk of money, it will not threaten the Greenways vision or other acquisition plans in the city.

Mayor Pike made the following points:
    · no General Fund dollars will be put into this purchase;
    · no current or planned purchases within the overall Greenways plan were compromised; and
    · for the balance [not paid by Greenways] there are multiple mechanisms to repay, which will be explored.

Council President Snapp supports the purchase of this property but because there is not a revenue stream to identify how this will be repaid, he will not support this ordinance.

MOTION CARRIED 5-2, WEISS, SNAPP opposed.


Committee Of The Whole
Chair, Stan Snapp

AB19318 1. Update of progress of Police, Public Works and Information Technology Services departments’ key objectives

Information only.
          2. Approval of City Council Committee and/or Special Meeting minutes

None submitted at evening meeting.
          3. Old/New business

Council Member Weiss attended the grand opening of three schools in the community: Cordata Elementary, Whatcom Middle School and St. Paul Academy and shared his pleasure of those visits. He encouraged others to visit the schools.


Executive Session – Report and action only.

1. Potential Litigation: Staff provided information on a potential litigation matter. Direction provided to staff to bring forward an ordinance to City Council for finding public use and necessity for partial acquisition of property located at 3545 Northwest Avenue, Bellingham, WA in connection with a project to improve safety and traffic flow at the intersection of McLeod Road and Northwest Avenue.

2. Litigation: Tomczak v. Ecology: Staff provided information on a litigation matter. Direction given. No action taken.

3. Receive and evaluate a complaint against a public official: Council discussed a complaint against a public official. No action taken.


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

AB19319 2. Mayor’s reappointment of Jan Hayes to the Design Review Board for Council’s approval

WEISS / BORNEMANN moved to authorize the Mayor’s reappointment of Jan Hayes to the Design Review Board for a term ending September 25, 2015. MOTION CARRIED 7-0.


AB19320 3. Mayor’s appointment of Robert Hendricks to the Greenway Advisory Committee for Council’s approval

KNUTSON / BUCHANAN moved to authorize the Mayor’s appointment of Robert Hendricks to the Greenway Advisory Committee for a partial term ending March 30, 2012. MOTION CARRIED 7-0.


AB19321 4. Mayor’s appointment of William Dubay and Steve Crooks to the Mayor’s Neighborhood Advisory Commission for the Cordata Neighborhood for Council’s information

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.

AB19322 1. Ordinance for a budget amendment to allow for receipt and spending of a Washington State Traffic Safety Commission grant of $8,300.00.

AN ORDINANCE RELATING TO THE 2011 BUDGET RECOGNIZING AWARD OF AN $8,300.00 GRANT FROM THE WASHINGTON STATE TRAFFIC SAFETY COMMISSION TO THE BELLINGHAM POLICE DEPARTMENT FOR THE PURCHASE OF PROTECTIVE CLOTHING AND MINOR EQUIPMENT, AND APPROPRIATING RELATED EXPENDITURES IN THE GENERAL FUND.”

AB19323 2. Ordinance appropriating funds from the Department of Ecology for habitat restoration into the 2011 budget.

AN ORDINANCE RELATING TO THE 2011 BUDGET INCREASING REVENUE AND APPROPRIATING $88,000.00 IN THE WATER FUND FROM A DEPARTMENT OF ECOLOGY INTERAGENCY AGREEMENT.”

AB19324 3. Authorization of check issue for accounts payable from August 5, 2011 to August 11, 2011

AB19325 4. Authorization of check issue for accounts payable from August 12, 2011 to August 18, 2011

AB19326 5. Authorization of check issue for accounts payable from August 19, 2011 to August 25, 2011

AB19327 6. Authorization of check issue for accounts payable from August 26, 2011 to September 1, 2011

AB19328 7. Authorization of check issue for payroll from August 11, 2011 to August 25, 2011

KNUTSON / BUCHANAN moved to approve the Consent Agenda in its’ entirety. MOTION CARRIED 7-0.


FINAL CONSIDERATION OF ORDINANCES

AB19210 1. 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

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2011-09-050


AB19294 2. 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

BORNEMANN / 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 #2011-09-051


AB19296 3. AN ORDINANCE AMENDING 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 / 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 #2011-09-052


AB19298 4. 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

KNUTSON / 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 #2011-09-053


ADJOURNMENT
There being no further business, the meeting adjourned at 9:18 p.m. Stan Snapp, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 10/10/2011



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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