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You are here: Home) Government) Council) Meeting Materials) February 25, 2013


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, February 25, 2013, 07:00 PM
Book: 67, Page: 1


REGULAR MEETING


Called To Order The meeting was called to order by Council President Seth Fleetwood 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, March 11, 2013, 7:00 PM in City Council Chambers, there will be a public hearing regarding the proposed recodification of the Bellingham Municipal Code by The Code Publishing Company of Seattle, Washington.

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


APPROVAL OF MINUTES

SNAPP/KNUTSON moved approval of the January 14, 2013 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0-1, LEHMAN abstained.

KNUTSON / LILLIQUIST moved approval of the January 28, 2013 minutes of the regular City Council meeting as corrected. MOTION CARRIED 7-0.

SNAPP KNUTSON moved approval of the February 11, 2013 minutes of the regular City Council meeting as corrected. MOTION CARRIED 6-0-1, BORNEMANN abstained.


15 - MINUTE PUBLIC COMMENT PERIOD

Delaine Clizby has rental properties [AB 19827] and is concerned about having a three day limit on repairs due to the time it sometimes takes to get a repair person scheduled. She also said that Whatcom Housing Authority has about 20% of the rental units in town and landlords that do business with HUD must be inspected. She suggested a broader group for a survey to base any assertions that there is a problem, and she suggested creating a small focus group of landlords and college students. Additionally, she asked that worksessions be scheduled after 5:00 p.m. as she works during the day.

Yoshé Revelle shared that while substitute teaching a 6th grade class, none of the students knew where food comes from. He also shared concerns about global warming and abortion and feels there is a disconnect from reality.

Bill Geyer discussed the repayment of the $3.2 million loan from the Greenways Endowment Fund for the Chuckanut property and feels a repayment plan should be undertaken very soon.



PRESENTATION(S)


AB19858 1. Mayor Linville's State of the City Address

Postponed to March 11, 2013.



PUBLIC HEARING(S)

AB19859 1. Consideration of an update to the Whatcom Falls Neighborhood Plan and rezone of Area 1 of the Whatcom Falls Neighborhood

“AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO BELLINGHAM’S COMPREHENSIVE PLAN, UPDATING THE WHATCOM FALLS NEIGHBORHOOD PLAN AND REZONING AREA 1 OF THE WHATCOM FALLS NEIGHBORHOOD, AMENDING THE NEIGHBORHOOD PLAN LAND USE MAP, ZONING MAP AND BMC 20.00.230.”


Moshé Quinn, Planner, reviewed history to date and the current proposal. He noted that both the neighborhood plan and rezone meet the decision criteria. The Planning Commission and staff recommend approval.

Council President Fleetwood opened the public hearing.

Richard Sawyer said the neighborhood has endorsed the proposal.

Dick Sturtz supports the proposal.

There being no further comments, the public hearing was closed

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


AB19860 2. Consideration of a rezone of Area 14A, King Mountain Neighborhood.

Kathy Bell, Planner reviewed process to date and the current proposal.

The elements of the rezone request are:
    · Repeal the site plan associated with the existing zoning.
    · Increase the residential density from 5,000 to 3,600 square feet per unit.
    · Allow medical office and related medical uses within a specific portion of the subarea.
    · Remove the prerequisite consideration for James Street improvements.
    · Does not include a specific development proposal.

The staff and the Planning and Development Commission recommend approval with components as described in the Planning and Development Commission Findings of Fact, Conclusions and Recommendations dated December 6, 2012.

Mayor Linville noted that she had given general direction to staff to look at what is appropriate for properties within city limits rather than what is appropriate for an individual developer.

Council President Fleetwood opened the public hearing.

Jack Swanson, Attorney, introduced Doug Campbell of Associated Project Consultants, both of whom spoke on behalf of the property owners: Edgewater Park, LLC; Sunrise Park Holdings, LLC and Ahi Ohana LLC.

Doug Campbell, Associated Project Consultants, reviewed maps representing the project location. The proposal includes a campus for medical office uses, planned multi-family zoning and a density increase.

Jack Swanson summarized that the property would be fairly easy to develop; there are no serious obstacles to development; the City will get right-of-way for Orchard Drive and a road built through to the medical offices, additional land to meet medical office needs, a substantial contribution to the James Street upgrade, an exceptional site for multi-family with density sufficient to justify the developer making the substantial public improvements that are required.

Yoshé Revelle feels this proposal is too car-centric; the homes are too big and there is no space for community gardens. He feels the future is tiny villages connected by the internet; walking and biking will be the norm and small sustainable homes.

Steve LeCocq supports the proposal.

Deborah Sary supports opening up Orchard Street and improving James Street.

There being no further comments, the public hearing was closed

KNUTSON / LILLIQUIST moved to direct staff to prepare an ordinance for Council’s consideration. MOTION CARRIED 7-0.


REPORTS OF COMMITTEES

Public Works / Public Safety
Stan Snapp, Chair
Terry Bornemann; Gene Knutson

AB19861 1. Municipal Court security

John Carter, Finance Director explained the budget implications: the Warrant Officer would be a new benefitted position (approximately $84,000.00/year) and the contract for security services (metal detector) would be an additional $50,000.00.

BORNEMANN / KNUTSON moved to direct staff to prepare a budget ordinance accepting staff’s recommendation of hiring a warrant officer plus part-time contractor services for metal detector screening at Municipal Court. MOTION CARRIED 7-0


AB19862 2. 2012 Ecology Stormwater Grant Updates

Ted Carlson, Public Works Director noted the projects the city has received grants for:
    · Padden Creek Estuary $1,125,000
    · Central Business District Raingardens $600,000
    · Vactor Decant Facility $247,400
    · Bloedel Donovan Retrofit $512,000
    · Lake Whatcom Retrofits $500,000
    · Toward Net Zero Water $179,000

City matching funds of $790,850 are coming from both the Surface and Storm Water Utility and the Water Utility; with additional matching funds from the Department of Ecology totaling $2,372,550.

Information only.

Council Member Knutson out of Chambers.


AB19863 3. 2013 Clean Green report and policy discussion

Ted Carlson, Public Works Director reviewed the history of Clean Green which was started in 1989 as a pilot program with the Parks Department. The current fee is $4.00 per load. Staff estimates that usage is 20% county and 80% city customers.

Staff and council discussed the mechanics of operating the Clean Green facility, collecting the revenues, the time involved to determine if a user is a city or county resident and the implications of the reduction in funding by Whatcom County [AB 19864].

BORNEMANN / KNUTSON moved to direct staff to prepare proportional tier pricing options for city/county residents using the Clean Green facility, in relation to the subsidy reductions from the county.
BORNEMANN withdrew motion.

BORNEMANN / SNAPP moved to direct staff to prepare tier pricing for city/county residents using the Clean Green facility. MOTION CARRIED 5-1-0,LEHMAN opposed; KNUTSON out of Chambers.

Council Member Knutson returned to Chambers.

BORNEMANN / SNAPP moved to direct staff to increase the user fee to $5.00 per load at Clean Green, around April 1st or as soon as possible thereafter. MOTION CARRIED 6-1, LEHMAN opposed.


AB19864 4. Interlocal Agreement with Whatcom County - Clean Green Yard Waste Facility

SNAPP / KNUTSON moved to authorize the Mayor to enter into an Interlocal Agreement with Whatcom County for Solid Waste Management Services (Clean Green).

WEISS / LILLIQUIST moved to postpone consideration of the Interlocal Agreement until the Mayor has an opportunity to discuss options with Whatcom County. MOTION FAILED, 4-3, KNUTSON, LEHMAN, SNAPP, BORNEMANN opposed.

MAIN MOTION CARRIED 6-1, WEISS opposed.


Planning and Community Development
Jack Weiss, Chair
Michael Lilliquist; Gene Knutson

AB19865 1. An Ordinance amending the 2013 Budget to provide a salary upgrade for the Electrical Inspector III Classification in the Planning and Community Development Department

“AN ORDINANCE AMENDING THE 2013 BUDGET AND APPROPRIATING AN ADDITIONAL $9,143.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE DEVELOPMENT SERVICES FUND TO PROVIDE FOR A SALARY UPGRADE FOR A JOB CLASSIFICATION IN THE PLANNING DEPARTMENT, DEVELOPMENT SERVICES DIVISION.”

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


AB19827 2. Registration and inspection options for residential rental properties

Additional worksessions will be scheduled. Information only.


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

AB19866 1. An Ordinance amending BMC 12.12.280 to prevent the release and spread of aquatic invasive species (AIS)

LEHMAN / KNUTSON moved to direct staff to schedule a public hearing on March 11, 2013. MOTION CARRIED 7-0.


Committee Of The Whole
Seth Fleetwood, Chair
Jack Weiss, Gene Knutson, Cathy Lehman, Stan Snapp, Michael Lilliquist, Terry Bornemann

AB19867 1. Report regarding water quality studies by People for Lake Padden

Information only.


AB19868 2. Bellingham Public Development Authority 2012 Annual Report and 2013 Work Plan

Information only.

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

None submitted in the evening.

          4. Old/New business

None presented.



MAYOR'S REPORT

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

Mayor Linville thanked the Council for the new committee structure and provided a legislative update for Council.

The Department Head retreat was held on February 22nd with an emphasis on inter-dependence on one another and staff’s responsibility to prioritize projects.

Mayor Linville has been contacted by Channel 5 regarding the Lake Whatcom Phosphorous situation.

Discussion of the Whatcom Creek Bridge Replacement. Ted Carlson, Public Works Director explained that the Parks Department is proposing funding with Greenways III monies. Referred to the Council’s Parks & Recreation Committee.

Discussion of a potential unfunded liability in the 2013 Budget. Referred to the Council’s Finance Committee.


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.

AB19869 1. Bid Award for Liquid Chlorine, Bid # 07B-2013

AB19870 2. Bid Award for Eliza Avenue Connector, Bid # 4B-2013, ES-0441

AB19871 3. Authorization of checks issued for pay period February 1, 2013 through February 7, 2013

AB19872 4. Authorization of checks issued for payroll January 26, 2013 through February 8, 2013

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


FINAL CONSIDERATION OF ORDINANCES

AB19842 1. AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE (BMC) 20.10.025 A AND BMC 20.00.110 MERIDIAN NEIGHBORHOOD TABLE OF ZONING REGULATIONS TO CORRECT CODE ERRORS AND OMISSIONS AND PROVIDE REGULATORY CONSISTENCY WITH OTHER DEVELOPMENT STANDARDS PRESCRIBED FOR AREA 5 OF THE MERIDIAN NEIGHBORHOOD

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2013-02-007


AB19843 2. AN ORDINANCE RELATING TO THE 2013 BUDGET INCREASING A STATE OF WASHINGTON DEPARTMENT OF ECOLOGY GRANT BY $100,000.00 TO THE SOLID WASTE FUND FOR THE ELDRIDGE MUNICIPAL LANDFILL PROJECT (EC15) AND PLACING THIS AMOUNT IN ESTIMATED ENDING UNDESIGNATED RESERVES

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2013-02-008


AB19844 3. AN ORDINANCE AMENDING THE 2013 BUDGET INCREASING REVENUE IN THE STREET FUND BY $237,300.00 AS A RESULT OF A WASHINGTON STATE DEPARTMENT OF TRANSPORTATION GRANT AWARD FOR THE SAFE ROUTES TO SCHOOL PROGRAM, APPROPRIATING $237,300.00 IN RELATED EXPENDITURES IN THE PUBLIC WORKS DEPARTMENT, AND APPROPRIATING AN ADDITIONAL $26,400.00 FOR PROGRAM EXPENDITURES FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE STREET FUND

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2013-02-009


AB19845 4. AN ORDINANCE AMENDING THE 2013 BUDGET INCREASING REVENUE IN THE STREET FUND BY $2,647,207.00 AS A RESULT OF AS WSDOT GRANT AWARD TO REHABILITATE THE CHESTNUT / BAY BRIDGE AND APPROPRIATING $2,647,207.00 IN RELATED EXPENDITURES IN THE PUBLIC WORKS DEPARTMENT

SNAPP / 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 #2013-02-010


AB19846 5. AN ORDINANCE RELATING TO THE 2013 BUDGET APPROPRIATING AN ADDITIONAL $263,979.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE STREET FUND TO PROVIDE FOR INCREASED STAFFING LEVELS IN THE PUBLIC WORKS ENGINEERING DIVISION

Peter Ruffatto, City Attorney read amendments into the record:

Add “WHEREAS, a current limited term position of Project Engineer will end in April, 2013, but the additional staff needed includes a new limited term position to work on different projects.”

Under NOW, THEREFORE, 2nd paragraph; sentence beginning, “In addition”,
remove “the end date for”; replace with “new”,
remove “extended”; replace with “created for a period”, and
change date from April 1, 2013 to April 2014.

LILLIQUIST / BORNEMANN moved approval for third and final reading as amended. 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 #2013-02-011


AB19848 6. AN ORDINANCE AMENDING THE 2013 BUDGET INCREASING REVENUE IN THE WATER FUND BY $164,000.00 AS A RESULT OF A PUGET SOUND PARTNERSHIP GRANT AWARD FOR IMPLEMENTATION OF A LAKE WHATCOM MANAGEMENT PROGRAM, AQUATIC INVASIVE SPECIES PREVENTION PROGRAM AND APPROPRIATING RELATED EXPENDITURES IN THE PUBLIC WORKS DEPARTMENT

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2013-02-012


AB19849 7. AN ORDINANCE AMENDING THE 2013 BUDGET INCREASING APPROPRIATIONS IN THE WATER FUND TO BE USED TO PREVENT THE INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO LAKE WHATCOM

SNAPP / 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 #2013-02-013


AB19853 8. AN ORDINANCE RELATING TO THE CITY'S PETTY CASH AND REVOLVING FUNDS; ESTABLISHING THE OVERALL CITY LIMIT OF $40,000.00 AND AUTHORIZING THE FINANCE DIRECTOR TO MANAGE THE AMOUNTS AND LOCATION ACCORDING TO BEST BUSINESS AND ACCOUNTING PRACTICES

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 #2013-02-014





ADJOURNMENT
There being no further business, the meeting adjourned at 10:21 p.m.


Seth Fleetwood, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 03/11/2013



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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