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RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, December 03, 2012, 07:00 PM
Book: 66, Page: 1


REGULAR MEETING


Called To Order The meeting was called to order by Council President Terry Bornemann who led the Pledge of Allegiance.

Roll Call
Present:
    Jack Weiss, Council Member, First Ward
    Gene Knutson, Council Member, Second Ward
    Cathy Lehman, 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, December 3, @ 3:00 PM, or as soon as possible thereafter, in the Mayor's Board Room, there will be a worksession to discuss the 2013 Preliminary Budget regarding the Public Development Authority and review budget amendments.

Transportation Benefit District
    On Monday, December 10, @ 12:00 PM, in City Council Chambers, there will be a meeting of the Transportation Benefit District Board of Directors (made up of the City Council Members) to approve their 2013 Budget and Renewal and Modification of the Interlocal Agreement with the Whatcom Transit Authority.

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


APPROVAL OF MINUTES

None submitted.


15 - MINUTE PUBLIC COMMENT PERIOD

Patrick McKee expressed concern about the proposed water rate increase. He would like to see more pushback from the council when the Public Works Department comes to council with these increases. He is waiting for someone to stand up and say ‘we're not going to raise rates this year; you're going to have to live with the money you have’.

Emily Weaver feels it is unacceptable to put the city in a deficit position in order to fund the Public Development Authority.

Ken Weaver said that the HUD money for the Holly Street project is going to have to be paid back to HUD unless it gets converted into some low income housing. He suggested a possible land swap and moving forward with the Catholic Community Services project for low income housing on Holly Street; which might ease some of the tension.


PUBLIC HEARING(S)

AB19749 1. A Quasi-judicial Public Hearing to consider a request to increase the height of a new building in Area 2A of the Fairhaven Neighborhood

Council President Bornemann read the purpose, ground rules and order of the hearing. Upon deliberation, the Council must find that certain criteria are met.

The purpose of the public hearing is to:
    Determine whether the standard 35-foot building height limit should be increased to 50 feet for a building proposed for the northwest corner of 10th Street and Mill Avenue in the Fairhaven Neighborhood.
    The only issue at the hearing is whether the criteria for approval of the height increase have been met. (Criteria summarized):
      1. A demonstration of capacity for the increased parking demand.
      2. The structure will not block a significant amount of water view of certain properties.
      3. Dedication of, or contribution towards, needed public amenities in Areas 2A and 2B.
      4. No increase in height north of Mill Avenue between 10th and 12th Streets or north of Harris Avenue east of 12th Street.


Council President Bornemann placed witnesses under oath.

Council President Bornemann asked, “have any city council members had ex parte contact regarding this matter prior to tonight’s hearing?” Council members all responded, “no”.

Council President Bornemann asked, “are all City Council members free from a direct or indirect financial benefit that could result from the approval or denial of the overheight request?”

Council Member Lilliquist explained that he owns property near the subject parcel. He
recused himself from the meeting for this item and left Council Chambers.

Kurt Nabbefeld, Jackie Lynch and Chris Behee of the Planning and Community Development Department and James King, Director of the Parks & Recreation Department presented for the city.

They reviewed the project history and provided details of the height request along with the location, maps, proposed building drawings, parking considerations, view simulations and analysis and proposed amenities.

Ms. Lynch explained that the application was made before the new code was passed so this review is being done under the old code and requirements.

Mr. King addressed the amenities and explained that an agreement was reached for a value of $30,000 for Park Impact Fees.

The Historic Preservation Commission has recommended approval with no significant conditions.

Bill Geyer, Geyer & Associates, representing the applicants submitted exhibits.

Gene and Connie Shannon, Applicants and owners of the Fairhaven Village Inn and owners of the subject property are requesting a height adjustment on the property. By building on this property they hope to provide more places to work and live in Fairhaven; add to the vibrancy of Fairhaven and make a safer and more visible approach to South Bay Trail.

Bill Geyer, Geyer & Associates presented on behalf of the applicants, Gene and Connie Shannon. He presented and discussed maps, regulations, and prior project approvals.

Jason Willard, RMC Architects presented several drawings and view analyses.

Mr. Geyer concluded that based on the record, the Shannon Block proposal meets all criteria and should be approved.

Brooks Anderson, having been delayed to the meeting was administered the oath by Council President Bornemann.

Council President Bornemann opened the public hearing.

Barbara Zielstra spoke in opposition to the project and feels that no language in the plan indicates support for a 52’ building as proposed.

Greg Theisen, Magdalena's Creperie, endorsed the project.

Fred Haskell said all criteria have been met and is in support of the project.

Bill Cook feels that views will be compromised and having the trail with a large building beside it will be a huge loss.

Bill Miller feels that the trail will be enhanced and the proposed building suits the neighborhood.

Dennis Hayner spoke in opposition to the request.

Jody Finnegan spoke in support of the proposal.

Jesse Cantu spoke in support of the proposal.

Brooks Anderson spoke in opposition to the proposed project.

Kurt Nabbefeld, Planner stated that staff believes the four criteria have been met and recommends approval.

There being no further comments, the public hearing was closed

Council President Bornemann noted that all documents submitted have been admitted into the record.

There being no further comments, the public hearing was closed

Council President Bornemann reported that the Council will deliberate on the matter on December 4, 2012, in private, and will issue a written decision.
    BREAK
    Council Member Lilliquist returned to Council Chambers for the remainder of the meeting.

    Council President Bornemann called the meeting back to order at 9:20 p.m.



    REPORTS OF COMMITTEES

    Finance and Personnel
    Michael Lilliquist, Chair
    Cathy Lehman; Stan Snapp

    AB19750 1. An Ordinance amending Bellingham Municipal Code Chapter 6.04, Bellingham Business and Occupations Tax Code, to reflect State law changes.

    AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 6.04, BELLINGHAM BUSINESS AND OCCUPATIONS TAX CODE, TO REFLECT STATE LAW CHANGES.”

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


    AB19751 2. An Ordinance amending Bellingham Municipal Code Chapter 6.05. Administrative Provisions for Certain Taxes

    AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 6.05. ADMINISTRATIVE PROVISIONS FOR CERTAIN TAXES.”

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


    Lake Whatcom Reservoir and Natural Resources
    Seth Fleetwood, Chair
    Michael Lilliquist; Cathy Lehman; Stan Snapp

    AB19752 1. Proposed Mitigation Program overview

    Information only.


    AB19753 2. An Ordinance approving the issuance of a not to exceed $5,000,000 Water and Sewer subordinate lien line of credit with Wells Fargo Bank for the purpose of providing financing for the purchase of various parcels of land within the Lake Whatcom watershed

    AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING 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.

    FLEETWOOD / SNAPP moved approval for first and second reading. MOTION CARRIED 7-0.


    AB19754 2. An Ordinance amending the 2012 Budget appropriating $3,200,000 from Estimated Ending Designated Reserves in the Water Fund for Lake Whatcom Watershed property

    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.”

    FLEETWOOD / SNAPP moved approval for first and second reading. MOTION CARRIED 4-3, LILLIQUIST, WEISS, FLEETWOOD opposed.


    Public Works / Public Safety
    Stan Snapp, Chair
    Seth Fleetwood; Gene Knutson

    AB19755 1. 2012 Sewer Replacement Program (EU-0156) Bid Award,
    Bid #73B-2012

    SNAPP / KNUTSON moved to award Bid No.73B-2012 for 2012 Sewer Replacement Program 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 $1,127,951.09, which includes WSST. MOTION CARRIED 7-0.


    AB19756 2. An Ordinance amending BMC 4.76.040 expanding the allowable use of solid waste utility tax revenue to include all environmental remediation

    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.”

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


    AB19757 3. An Ordinance related to reduced utility rates for low-income households, senior and disabled customers

    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 NONPROFIT LOW INCOME HOUSING ENTITIES.”

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


    AB19758 4. An Ordinance related to water usage rates and customer class structure

    AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 15.08 TO MODIFY WATER SERVICE USAGE AND CHARGES.”

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


    AB19759 5. An Ordinance related to sewer usage rates and customer class structure

    AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 15.12 AND 15.20 TO MODIFY SEWER SERVICE USAGE, RATES AND CHARGES.”

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


    AB19760 6. An Ordinance related to storm and surface water usage rates

    AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 15.16 TO MODIFY SURFACE AND STORM WATER RATES AND CHARGES.”

    SNAPP / KNUTSON moved approval for first and second reading. MOTION CARRIED 5-2, LILLIQUIST, SNAPP opposed.


    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

    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

    Peter Ruffatto, City Attorney noted that amendments had been made during committee as follows:

    Section 10.08.010.B. replace “use” with “consumption” at the end of the first sentence; and
    Section 10.08.020.C. Add “in violation of this section” prior to the word “shall”.

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


    AB19762 2. An Ordinance adopting City of Bellingham's 2013 Annual Budget

    AN ORDINANCE RELATING TO THE 2013 BUDGET OF THE CITY OF BELLINGHAM, PROVIDING FOR THE ADOPTION OF SUCH BUDGET PURSUANT TO THE TERMS OF RCW 35.33.075, AND SETTING THE EFFECTIVE DATE.”

    KNUTSON / WEISS moved to close the December 3, 2012 Public Hearing on the 2013 Budget. MOTION CARRIED 7-0.

      Amendments to Fund Reconciliation (page 2 of ordinance) as reported by Budget Manager:
      Line 1, General Fund: Expenditures now reads 68,392,662 = Computed Ending Res of 13,003,197
      Last Line, Fund 970 Public Development Authority: Revenues now read 260,268; Expenditures now read 350,000 = Computed Ending Reserve of 1,198,347
      Totals now read: Revenues 224,729,430; Expenditures 244,699,029 = Computed Ending Res of 99,816,769

    FLEETWOOD / WEISS moved approval for first and second reading as amended. MOTION CARRIED 5-2, KNUTSON, LEHMAN opposed.

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

      Council Member Lilliquist reported that the School District will be holding public meetings for feedback on facilities planning and plan to issue recommendations in late January.



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

      AB19763 2. Mayor's appointment of Barbara Howard to the Bellingham Arts Commission for Council's approval

      WEISS / SNAPP moved to approve the Mayor’s appointment of Barbara Howard to the Bellingham Arts Commission, term ending December 3, 2015. MOTION CARRIED 7-0.


      AB19764 3. Mayor's appointment of Tom Slocum and Pinky Vargas to the Greenway Advisory Committee

      SNAPP / LEHMAN moved to approve the Mayor’s appointment of Tom Slocum and Pinky Vargas to the Greenway Advisory Committee, terms ending December 3, 2015. MOTION CARRIED 7-0.


      AB19765 4. Mayor's appointment of Alex Wiley to the Historic Preservation Commission to fulfill the dual role with the Bellingham Arts Commission for Council's approval

      SNAPP / LEHMAN moved to approve the Mayor’s appointment of Alex Wiley to the Historic Preservation Commission to fulfill the dual role with the Bellingham Arts Commission, term ending January 1, 2014. MOTION CARRIED 7-0.


      AB19766 5. Mayor's reappointment of Pam Holladay and Geoff Middaugh to the Parks and Recreation Advisory Board 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.

      AB19767 1. Resolution setting the 2013 City Council Meeting Schedule

      Res. 2012-33 “A RESOLUTION FIXING THE TIMES AND DATES OF THE 2013 REGULAR MEETINGS OF THE BELLINGHAM CITY COUNCIL BEGINNING JANUARY 7, 2013.”

      AB19768 2. Bid Award 69-B2012, Thickened waste activated sludge piping modification

      AB19769 3. An Ordinance relating to the 2012 Budget appropriating $192,352.00 from Estimated Ending Designated Reserved in the General Fund/BTV10 Reserves and moving them to the BTV10 budget within the PEG fund

      “AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING AN ADDITIONAL $192,352.00 IN THE GENERAL FUND TO TRANSFER THE RESIDING BTV-10 RESERVES TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS TELEVISION FUND.”

      AB19770 4. Authorization of checks issued for pay period November 4, 2012 through November 10, 2012

      AB19771 5. Authorization of checks issued for pay period November 11, 2012 through November 17, 2012

      AB19772 6. Authorization of checks issued for pay period November 18, 2012 through November 21, 2012

      AB19773 7. Authorization of checks issued for payroll November 10, 2012 through November 21, 2012

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



      FINAL CONSIDERATION OF ORDINANCES

      AB19731 1. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON RELATING TO THE LEVYING OF TAXES AND ESTABLISHING THE AMOUNT TO BE RAISED IN 2013 ON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY.

      WEISS / 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 #2012-12-050


      AB19732 2. AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING AN ADDITIONAL $200,000.00 IN THE POLICE DEPARTMENT GENERAL FUND TO COVER HIGHER THAN ANTICIPATED COSTS FOR GASOLINE FOR THE PATROL DIVISION AND INCREASED INTERGOVERNMENTAL EXPENDITURE FOR THE JAIL, FROM A TRANSFER OF UP TO $200,000.00 FROM THE CRIMINAL JUSTICE 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 #2012-12-051


      AB19733 3. AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING AN ADDITIONAL $350,000.00 IN PUBLIC WORKS FROM ESTIMATED UNDESIGNATED RESERVES IN THE PURCHASING AND MATERIALS MANAGEMENT FUND TO PROVIDE FOR THE PURCHASE OF WATER METERS.

      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 #2012-12-052


      AB19735 4. AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING AN ADDITIONAL $6,610.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVED IN THE GENERAL FUND TO PROVIDE FOR PAYMENT OF PRIOR RETIREMENT CREDITS FOR A CITY COUNCIL MEMBER.

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

      MOTION CARRIED 5-0-2 and was thereafter named Ordinance #2012-12-053




      ADJOURNMENT
      There being no further business, the meeting adjourned at 10:12 p.m.


      Terry Bornemann, Council President

      ATTEST: Linda D. Anderson City Clerk Representative
      APPROVED: 01/07/2013



      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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