Skip to page contents
Contact Us Site Map
You are here: Home) Government) Council) Meeting Materials) December 10, 2012

CITY COUNCIL AGENDA FOLLOW UP: December 10, 2012


Call to Order
Announcements & Upcoming Meetings:
    The Bellingham City Council will hold its 2013 Reorganization Meeting on Monday, January 7, 2013. Election of Officer and Committee assignments will be voted on at that time. The next full City Council meeting will be held on January 14th. The full schedule of City Council Meetings 2013 is posted on the City's website.

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
None submitted.
15-Minute Public Comment Period

Public Works / Public Safety
Stan Snapp, Chair
Seth Fleetwood; Gene Knutson
AB19774 1. Bid Award for 2012 Water Main Replacement (EW-0182) and 2012 Storm Main Replacement - Liberty Street/Key Street (EV-109), Bid Number 71B-2012

SNAPP / KNUTSON moved to award Bid No. 71B-2012 for 2012 Water Main Replacement and 2012 Storm Main Replacement to Ram Construction of Bellingham, 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 $857,647.96. MOTION CARRIED 7-0.
APPROVED
AB19775 2. Interlocal Agreement with the Bellingham School District and the Bellingham Police Department for the District Resource Officer Reimbursement Program

SNAPP / FLEETWOOD moved to authorize the Mayor to enter into an Interlocal Agreement with the Bellingham School District for the District Resource Officer Reimbursement Program. MOTION CARRIED 7-0.
APPROVED
Transportation
Cathy Lehman, Chair
Jack Weiss; Gene Knutson
AB19776 1. A Resolution adopting a base rate for 2013 Transportation Impact Fees, as per BMC 19.06

A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING A TRANSPORTATION IMPACT FEE BASE RATE FOR 2013.”

LEHMAN / SNAPP moved final approval of Resolution #2012-34. MOTION CARRIED 7-0.
Res. 2012-34 APPROVED
Planning and Community Development
Jack Weiss, Chair
Michael Lilliquist; Cathy Lehman; Seth Fleetwood
AB19777 1. Downtown Plan - Overview of Phase II Results

Information only.
Information only.
AB19778 2. Update on the implementation of BMC 20.28 Infill Housing
(Infill Toolkit)

Information only.
Information only.
Committee Of The Whole
Terry Bornemann, Chair
Jack Weiss, Gene Knutson, Cathy Lehman, Stan Snapp, Michael Lilliquist, Seth Fleetwood
AB19761 1. An Ordinance amending BMC 10.08.010 and 10.08.020 to be consistent with new State laws regarding possession of Marijuana and Marijuana-infused products and adding a new BMC Section 10.08.080

See final consideration of ordinances.
See Final Consideration of Ordinances
AB19739 2. Environmental Impact Statement Scoping request related to the Gateway Pacific Terminal project

SNAPP / KNUTSON moved to have the City Council sign the Scoping Comments letter as proposed by Mayor Linville.

LILLIQUIST / FLEETWOOD moved to amend the letter by moving “Proposed quiet zones” in Section 7 to the mobility section and modifying language to “increased public safety risks and greater difficulty meeting quiet zone standards at, at grade crossings”.
LILLIQUIST withdrew motion.
LILLIQUIST / KNUTSON moved to remove “Proposed quiet zones.” from Section 7.
AMENDMENT MOTION CARRIED 7-0.
MAIN MOTION CARRIED 7-0.

WEISS / SNAPP moved to direct Council Member Lilliquist to prepare a draft letter of scoping comments for the City Council’s signature.
WEISS / SNAPP withdrew motion.
Information only.
AB19779 3. Review of Public Education and Government [PEG] Access TV Organizational Research

Information only.
Information only.
          4. Approval of City Council Committee and/or Special Meeting minutes
None submitted at evening meeting.
          5. Old/New business

Mayor Linville and Council Members expressed thanks to staff, administration and the respective council members for a good and productive year.

Council Member Knutson has been meeting with the Railway Museum. He will keep the council updated.

Council Member Weiss asked for clarification on the WinCo Grocery Store process. Jeff Thomas, Director, Planning and Community Development explained that WinCo has complied with the city’s development process and have applied for building permits; and they are currently in the city’s Type 1 permit process.

Brian Heinrich updated council on the schedule for the six candidates for Police Chief occurring later this week.
Executive Session - Report and action only.
1. Potential Property Acquisition: Staff provided information on the potential property acquisition of property located at 1308 North Shore Drive, to be used by the City for a stormwater facility. The sellers are Kathleen Tuttle and Howard Scott. The purchase price is $575,000.00

SNAPP / LEHMAN moved to authorize the purchase of said property at a purchase price of $575,000.00 with closing by December 28, 2012. MOTION CARRIED 7-0.
APPROVED
2. Litigation: Newlun v. Bellingham Police Department et al.: Staff provided information on a litigation matter. Direction given. No action taken.NO ACTION
3. Litigation: Herron v City of Bellingham, et al.: Staff provided information on a litigation matter. Direction given. No action taken.
NO ACTION
Mayor's Report
          1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.
AB19780 2. Mayor's appointment of Phyllis McKee and Ali Taysi and reappointment of Kurt Baumgarten to the Planning and Development Commission for Council's approval

SNAPP / LILLIQUIST moved approval of the Mayor’s appointment of Phyllis McKee and Ali Taysi, and the reappointment of Kurt Baumgarten, to the Planning and Development Commission terms ending January 1, 2017. MOTION CARRIED 7-0.
APPROVED
AB19781 3. Mayor's reappointment of Jeni Cottrell, AnMorgan Curry, Shirley Erickson, and Gabriel Miles to the Bellingham Arts Commission for Council's approval

KNUTSON / LEHMAN moved approval of the Mayor’s reappointment of Jeni Cottrell, AnMorgan Currey, Shirley Erickson and Gabriel Miles to the Bellingham Arts Commission, terms ending January 1, 2016. MOTION CARRIED 7-0.
APPROVED
AB19782 4. Mayor's reappointment of J Robert Gordon to the Bellingham Public Library Board of Trustees for Council's approval

SNAPP / WEISS moved approval of the Mayor’s reappointment of J. Robert Gordon to the Bellingham Public Library Board of Trustees, terms ending January 1, 2018. MOTION CARRIED 7-0.
APPROVED.
AB19783 5. Mayor's reappointment of Bob Becker to the Civil Service Commission for Council's approval

KNUTSON / WEISS moved approval of the Mayor’s reappointment of Bob Becker to the Civil Service Commission, term ending January 1, 2018. MOTION CARRIED 7-0.
APPROVED
AB19784 6. Mayor's reappointment of Karen Callery, Cami Ostman, Teresa VanHaalen and Carol Veach to the Bellingham Sister City Advisory Board for Council's information

Information only.
Information only.
AB19785 7. Mayor's reappointment of Mark Turner to the Sehome Hill Arboretum Board of Governors for Council's information

Information only.
Information only.
AB19786 8. Mayor's reappointment of Ed Bennett and Christine Jenkins to the Tourism Commission for Council information

Information only.
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.
AB19787 1. Bellingham Public Library - Bellingham Technical College Library Establishment and Maintenance of the BTC Connection Interlocal Agreement (Consent Agenda)
AB19788 2. Bellingham Public Library - Western Washington University Library Establishment and Maintenance of the WWU Connection Interlocal Agreement(Consent Agenda)
AB19789 3. Bellingham Public Library - Whatcom Community College Establishment and Maintenance of the WCC Connection Interlocal Agreement(Consent Agenda)
AB19790 4. Bellingham Public Library - Whatcom County Rural Library District Mutual Extension of Borrowing Privileges and Services Interlocal Agreement(Consent Agenda)
AB19791
Res. 2012-35 5. Final Plat consideration of the Creekside Cove Preliminary Plat

“A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR THE CREEKSIDE COVE PRELIMINARY PLAT, CONSISTING OF 19 SINGLE-FAMILY LOTS AND A STORMWATER TRACT, LOCATED IN AREA 20, MERIDIAN NEIGHBORHOOD, GENERALLY LOCATED IN THE 4200 BLOCK OF DEEMER ROAD AT THE DEEMER/HARMAN WAY INTERSECTION.”
Res. #2012-35
(Consent Agenda)
AB19792
Res. 2012-36 6. Final Plat consideration of the Parkway Gardens Preliminary Plat

“A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR THE PARKWAY GARDENS PRELIMINARY PLAT, CONSISTING OF 12 SINGLE-FAMILY LOTS AND TWO OPEN SPACE TRACTS, LOCATED IN AREA 5, HAPPY VALLEY NEIGHBORHOOD, GENERALLY LOCATED BETWEEN 19TH AND 20TH STREETS AND WILSON AVENUE AND OLD FAIRHAVEN PARKWAY.”
Res. #2012-36
(Consent Agenda)
AB19793
Res. 2012-37 7. Final Plat consideration of Division 2 of Phase 2 of the Highlands Preliminary Plat

“A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR DIVISION 2 OF PHASE 2 OF THE HIGHLANDS PRELIMINARY PLAT, CONSISTING OF 5 SINGLE-FAMILY LOTS AND A RESERVE TRACT, LOCATED IN AREA 8, WHATCOM FALLS NEIGHBORHOOD, GENERALLY LOCATED WEST OF YEW STREET AND SOUTH OF LOPEZ STREET ON NEWTON STREET.
Res. #2012-37
(Consent Agenda)
AB19794
Res. 2012-38 8. Final Plat consideration of Division 4 of the Samish Highlands Preliminary Plat

“A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR DIVISION 4 OF THE PLAT OF SAMISH HIGHLANDS, CONSISTING OF 18 SINGLE-FAMILY LOTS, LOCATED IN AREA 5, SAMISH NEIGHBORHOOD, GENERALLY LOCATED EAST OF THE 40TH ON SAMISH CREST DRIVE.

Res. #2012-38
(Consent Agenda)
AB19795 9. Authorization of checks issued for pay period November 22, 2012 through November 30, 2012

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

CONSENT AGENDA APPROVED IN
ITS ENTIRETY
Final Consideration of Ordinances
AB19750 1. AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 6.04, BELLINGHAM BUSINESS AND OCCUPATIONS TAX CODE, TO REFLECT STATE LAW CHANGES

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 #2012-12-054
ORD. #2012-12-054 APPROVED
AB19751 2. AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 6.05. ADMINISTRATIVE PROVISIONS FOR CERTAIN TAXES

WEISS / LEHMAN 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 #2012-12-055
ORD. 2012-12-055 APPROVED
AB19753 3. AN ORDINANCE OF THE CITY OF BELLINGHAM AUTHORIZING THE ISSUANCE OF THE CITY'S NOT TO EXCEED $5,000,000 PAR VALUE SUBORDINATE LIEN WATER AND SEWER REVENUE BOND ANTICIPATION NOTE, 2012 (REVOLVING LINE OF CREDIT), TO PROVIDE FINANCING FOR THE PURCHASE OF VARIOUS PARCELS OF LAND WITHIN THE LAKE WHATCOM WATERSHED, AND TO PAY THE COSTS OF ISSUANCE OF THE NOTE; FIXING THE DATE, FORM, MATURITY, INTEREST RATES, TERMS AND COVENANTS OF THE NOTE; AND APPROVING THE SALE AND DELIVERY OF THE NOTE TO WELLS FARGO BANK, NATIONAL ASSOCIATION

SNAPP / LEHMAN 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 #2012-12-056
ORD. #2012-12-056 APPROVED
AB19754 4. AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING AN ADDITIONAL $3,200,000.00 IN THE PUBLIC WORKS WATERSHED ACQUISITION AND MANAGEMENT GROUP, FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE WATER FUND, TO PURCHASE LAND IN THE LAKE WHATCOM WATERSHED

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

MOTION CARRIED 4-3 and was thereafter named Ordinance #2012-12-057
ORD. #2012-12-057 APPROVED
AB19756 5. AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE SECTION 4.76.040 RELATING TO THE SOLID WASTE UTILITY TAX AND ADDING ALL ENVIRONMENTAL REMEDIATION AS AN ALLOWED USE OF TAX REVENUES

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 #2012-12-058
ORD. #2012-12-058 APPROVED
AB19757 6. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING MUNICIPAL CODE SECTION 15.04.070 TO EXPAND THE ELIGIBILITY FOR REDUCED UTILITY RATES FOR SENIOR, DISABLED AND NON-PROFIT LOW INCOME HOUSING ENTITIES

LILLIQUIST / 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 #2012-12-059
ORD. #2012-12-059 APPROVED
AB19758 7. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING MUNICIPAL CODE SECTION 15.08 TO MODIFY WATER SERVICE USAGE AND CHARGES

SNAPP / 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 #2012-12-060
ORD. #2012-12-060 APPROVED
AB19759 8. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING MUNICIPAL CODE CHAPTERS 15.12 AND 15.20 TO MODIFY SEWER SERVICE USAGE, RATES AND CHARGES

SNAPP / LEHMAN 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 #2012-12-061
ORD. #2012-12-061 APPROVED
AB19760 9. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING MUNICIPAL CODE CHAPTER 15.16 TO MODIFY SURFACE AND STORM WATER RATES AND CHARGES

LEHMAN / 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, WEISS
NAYS: LILLIQUIST, SNAPP
ABSTENTIONS:

MOTION CARRIED 5-2 and was thereafter named Ordinance #2012-12-062
ORD. #2012-12-062 APPROVED
AB19761 10. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING BELLINGHAM MUNICIPAL CODE 10.08.010 AND 10.08.020 TO BE CONSISTENT WITH NEW STATE LAWS REGARDING POSSESSION OF MARIJUANA AND MARIJUANA-INFUSED PRODUCTS, AND ADDING A NEW BMC SECTION 10.08.080, SETTING FORTH A PROHIBITION AND PENALTY FOR OPENING OR CONSUMING MARIJUANA IN PUBLIC

SNAPP / LEHMAN 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 #2012-12-063
ORD. #2012-12-063 APPROVED
AB19762 11. AN ORDINANCE RELATING TO THE 2013 BUDGET OF THE CITY OF BELLINGHAM, PROVIDING FOR THE ADDITION OF SUCH BUDGET PURSUANT TO THE TERMS OF RCW 35.33.075, AND SETTING THE EFFECTIVE DATE

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

MOTION CARRIED 4-3 and was thereafter named Ordinance #2012-12-064
ORD. #2012-12-064 APPROVED
AB19769 12. AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING AND ADDITIONAL $192,352.00 IN THE GENERAL FUND TO TRANSFER THE RESIDING BTV-10 RESERVES TO THE PUBLIC, EDUCATION, AND GOVERNMENT ACCESS TELEVISION FUND

SNAPP / 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 #2012-12-065
ORD. #2012-12-065 APPROVED
Adjournment
There being no further business, the meeting adjourned at 8:14 p.m.
Next City Council Meeting
Monday, January 7, 2013
Bellingham City Council Reorganization Meeting


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.
Top of Page ^ Top of page