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RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, March 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 Thursday, March 28, Council Members will attend the annual Lake Whatcom Joint Councils and Commission meeting, 6-8:30 p.m. in the meeting room at the Bellingham Public Library, 210 Central Avenue. An informational open house begins at 6 p.m., with the meeting of the joint Councils/Commission starting at 6:30 p.m. The meeting will be filmed and aired later on BTV10.
    On Monday, April 8, at 7:00 PM, in City Council Chambers, there will be a public hearing regarding an amendment to the Capital Facilities Plan to add the ASB Trail to be funded with 1st Quarter Real Estate Excise Taxes.
    On Monday, April 8, at 7:00 PM, in City Council Chambers, there will be a public hearing regarding an amendment to the Bellingham Comprehensive Plan to add an Economic Development Chapter.

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


APPROVAL OF MINUTES

LEHMAN / KNUTSON moved approval of the March 11, 2013 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0.



15 - MINUTE PUBLIC COMMENT PERIOD

Suzanne Rautiola asked council to pass an ordinance restricting height or calling for a reasonable camouflage on ham radio towers that would give protection to the neighborhoods and guidance for future ham radio operators.

Doug Robertson feels the city should not consider rezoning Chuckanut Ridge this year for any reason or purpose. He submitted a letter to council members and stated that the new Parks District will be utilizing taxing and condemnation authority to create a park where decades of planning has said that we don’t need it. Rezoning the property will be fiscally irresponsible at this point. We owe over $3 million; the only current source of repaying that loan is to sell the property with development rights. If downzoned to public all the value will have been stripped away.

Anne-Marie Faiola urged the city council to create zoning laws for the cultivation and sale of medical marijuana that would prohibit those activities within 1,000 feet of schools, libraries and multi-family units.

Wendy [no last name], requested a public hearing on the redevelopment of Squalicum Creek Park. Circumstances and primary uses for this park have changed over the years and she feels the public should be heard and have input into the Master Plan.

Hugh Beattie would like the that city Parks Department to keep the community gardens going.


REPORTS OF COMMITTEES

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

AB19894 1. Post Point Project Update

Information only.


AB19895 2. Residential Solid Waste and Recycling Rate Update

Information only.


AB19896 3. A Budget Ordinance relating to the 2013 Budget and adding a position in the Police Department from one warrant officer to two warrant officers

“AN ORDINANCE RELATING TO THE 2013 BUDGET ADDING ONE NEW POSITION IN THE BELLINGHAM POLICE DEPARTMENT TO ADDRESS MUNICIPAL COURT SECURITY, FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE GENERAL FUND.”

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


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

AB19860 1. An Ordinance approving a rezone of Area 14A, King Mountain Neighborhood

AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO BELLINGHAM MUNICIPAL CODE 20.00.095 KING MOUNTAIN NEIGHBORHOOD TABLE OF ZONING REGULATIONS, FOR AREA 14A AMENDING THE USE QUALIFIER, DENSITY, SPECIAL CONDITIONS PREREQUISITE CONSIDERATIONS, AND SPECIAL REGULATIONS.”

LEHMAN / BORNEMANN moved to discharge the committee. MOTION FAILED 3-4, LILLIQUIST, FLEETWOOD, SNAPP, WEISS opposed. [The item will remain in committee].

Finance and Personnel
Michael Lilliquist, Chair
Gene Knutson; Stan Snapp

AB19897 1. 2012 year-end financial review

Information only.


AB19898 2. An Ordinance authorizing $42,402,584 in reappropriations for goods and services budgeted in 2012 but unencumbered at year end

“AN ORDINANCE RELATING TO THE 2013 BUDGET APPROPRIATING $42,402,584.00 IN ADDITIONAL RESOURCES TO PAY FOR GOODS AND SERVICES THAT WERE AUTHORIZED IN 2012 BUT WERE NOT OBLIGATED BY PURCHASE ORDER OR CONTRACT BY YEAR END, FROM ESTIMATED RESERVES AND REVENUE, AND PLACING $334,531.88 IN ESTIMATED ENDING DESIGNATED AND UNDESIGNATED RESERVES.”

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


AB19899 3. An Ordinance authorizing $17,636,955.43 in reappropriations for goods and services budgeted in 2012 but unpaid at year end

“AN ORDINANCE RELATING TO THE 2013 BUDGET APPROPRIATING $17,636,955.43 IN ADDITIONAL FUNDS TO PAY FOR GOODS AND SERVICES ORDERED IN 2012 BUT UNPAID AT YEAR END CLOSING, FROM REVENUE AND ESTIMATED ENDING RESERVE BALANCES.”

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


AB19900 4. An Ordinance adjusting estimated 2013 budgeted beginning reserves by $42,387,680 to equal actual beginning reserve balances

“AN ORDINANCE RELATING TO THE 2013 BUDGET RECONCILING THE DIFFERENCES BETWEEN BUDGETED ESTIMATED 2013 BEGINNING RESERVE BALANCES AND ACTUAL 2013 BEGINNING RESERVE BALANCES, AND PLACING THE DIFFERENCE IN THE ENDING RESERVE BALANCES FOR A NET RESERVE INCREASE OF $42,387,680.00.”

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


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

AB19901 1. An Ordinance amending Bellingham Municipal Code 12.12.280 to prevent the release and spread of Aquatic Invasive Species (AIS)

“AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE SECTION 12.12.280 TO PREVENT THE RELEASE AND SPREAD OF AQUATIC INVASIVE SPECIES.”

Council Member Lehman noted that multi-day passes will be included in the AIS permit availability.

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


AB19902 2. Interlocal Agreement with Lake Whatcom Water and Sewer District to finance the Aquatic Invasive Species Prevention Program

LEHMAN / LILLIQUIST moved to authorize the Mayor to enter into an Interlocal Agreement with Lake Whatcom Water and Sewer District for the Lake Whatcom Aquatic Invasive Species Prevention Program. MOTION CARRIED 7-0


Parks and Recreation
Gene Knutson, Chair
Stan Snapp; Terry Bornemann

AB19903 1. Update of 2013 Parks and Recreation Department Capital Projects

Information only.


AB19904 2. Consideration of replacement of Whatcom Creek Trail Railroad Avenue Bridge

KNUTSON / SNAPP moved to direct staff to proceed with a geotechnical study of the bridge using existing budget up to $23,000.00. MOTION CARRIED 7-0.


AB19887 3. Bid Award for Arne Hanna Aquatic Center pool resurfacing

Council Member Weiss noted that funding will provided by the Beyond Greenways Fund.

KNUTSON / BORNEMANN moved to award Bid No.2B-2013 for Arne Hanna Pool Resurfacing & Tile Repair PD-2001-68 to Orca Pacific, Inc. of Auburn, 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 $138,803.50. MOTION CARRIED 7-0.

Waterfront/Downtown Development
Terry Bornemann, Chair
Cathy Lehman; Jack Weiss

AB19905 1. An Ordinance amending the 2013 Budget recognizing an $833,000 Grant from WSDOT to provide for design of the Granary/Bloedel Phase 1 Waterfront Redevelopment Project

AN ORDINANCE AMENDING THE 2013 BUDGET INCREASING REVENUE IN THE STREET FUND BY $833,000.00 AS A RESULT OF A WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FEDERAL INDIRECT GRANT AWARD FOR THE GRANARY/ BLOEDEL PHASE 1 WATERFRONT RE-DEVELOPMENT PROJECT, AND APPROPRIATING RELATED EXPENDITURES IN THE PUBLIC WORKS DEPARTMENT.”

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


AB19906 2. Budget Ordinance to allow for receipt and spending of a $750,000 pass-through grant from the Washington State Department of Commerce for the Whatcom Waterway Park Phase 1 Development

AN ORDINANCE AMENDING THE 2013 BUDGET INCREASING REVENUES BY $750,000.00 IN THE FIRST QUARTER REAL ESTATE EXCISE TAX FUND AS A RESULT OF THE AWARD OF A WASHINGTON STATE DEPARTMENT OF COMMERCE GRANT TO COMPLETE PHASE 1 DEVELOPMENT OF WHATCOM WATERWAY PARK, AND APPROPRIATING RELATED EXPENDITURES IN THE PARK DEPARTMENT.”

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


AB19907 3. Interlocal Agreement with the Port of Bellingham to Fund Phase 1 Development of Whatcom Waterway Park

Continued to next worksession.


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

AB19908 1. Presentation of Bellingham School District Facilities Planning Task Force Recommendation

Information only.


AB19909 2. Fair Housing Training for Elected Officials

Information only.

          3. Approval of City Council Committee and/or Special Meeting minutes
None submitted at evening meeting.
            4. Old/New business
                1. KNUTSON provided a draft resolution regarding I-522 for future consideration by council.
                2. LILLIQUIST / BORNEMANN initiated discussion with regard to drafting zoning regulations to regulate locations of marijuana growth and distribution and moved to refer the item to committee for further deliberation. MOTION CARRIED 7-0.
                3. LILLIQUIST / KNUTSON initiated discussion with regard to ham radio towers and moved to refer the item to committee for further deliberation. MOTION CARRIED 7-0.
                4. LILLIQUIST / WEISS initiated discussion with regard to the noise ordinance, particularly with regard to construction, and moved to refer the item to committee for further deliberation. MOTION CARRIED 4-3, LEHMAN, BORNEMANN, SNAPP opposed.
                5. LILLIQUIST / WEISS initiated discussion with regard to traffic calming on arterial streets and moved to refer the item to committee for further deliberation. MOTION CARRIED 4-3, BORNEMANN, LEHMAN, KNUTSON opposed.
                6. BORNEMANN / KNUTSON initiated discussion with regard to PeaceHealth Saint Joseph’s Medical Center’s exemption from B&O taxes and moved to refer the item to the Finance Committee for further deliberation. MOTION CARRIED 7-0.
                7. WEISS / LILLIQUIST moved that the Planning Committee be directed to discuss and develop recommendations establishing geographic areas in the City where positive signals can be given to the development community of where appropriate residential and economic development infill is encouraged. Recommendations to the Council would consider the merits of this concept, what incentive examples could be provided and what the likely outcomes would be. In addition, request that the administration be available to assist in the development of these recommendations as appropriate. MOTION CARRIED 7-0.
                8. WEISS / LILLIQUIST initiated discussion with regard to prohibiting smoking in park lands, facilities and trails and moved to refer the item to committee for further deliberation. MOTION CARRIED 4-3, LEHMAN, BORNEMANN, SNAPP opposed.


      Executive Session - Report and action only.


      1. Potential Litigation: Staff provided information on a potential litigation matter.

      SNAPP / KNUTSON moved to: 1) authorize the city to appeal an adverse determination from the Department of Labor and Industries regarding a worker’s compensation claim to the Board of Industrial insurance Appeals; and 2) authorize a contract with Thomas Hall of Seattle, Washington to represent the city in the appeal. MOTION CARRIED 7-0.

      2. Litigation: West Cordata Green Hearing Examiner Appeal: Staff provided information on a litigation matter. Direction given. No action taken.

      3. Litigation: New Cingular Wireless Tax Refund Claim: Staff provided information on a litigation matter. Direction given. No action taken.



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

      Mayor Linville provided a State Legislative update to the council.

      Mayor Linville reported that the process for selecting a new Fire Chief is proceeding. Selection is expected in late April.

      A workshop with regard to the Waterfront will be presented to the Planning and Development Commission and City Council. Written comment remains open.

      There will be a Community Gardens Workshop on March 26, 2013 at Bloedel Donovan Park.

      Mayor Linville reported that the city does not have the resources, of both time and money, to fully participate in the Tax Portal Project but will consider being a subscriber to the project.


      AB19910 2. Mayor's reappointment of Tom Grinstad to the Planning and Development Commission for Council's approval

      SNAPP / KNUTSON moved to authorize the Mayor’s reappointment of Tom Grinstad to the Planning and Development Commission, term ending April 1, 2017. MOTION CARRIED 7-0.



      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.

      AB19911 1. Budget amendment to allow for receipt and spending of $20,658 for the 2013 STOP Grant from the Department of Commerce

      AN ORDINANCE RELATING TO THE 2013 BUDGET RECOGNIZING A $20,658.00 GRANT FROM THE U.S. DEPARTMENT OF JUSTICE TO DOMESTIC VIOLENCE AND SEXUAL ASSAULT SERVICES (DVSAS) IN CONJUNCTION WITH THE BELLINGHAM POLICE DEPARTMENT AND APPROPRIATING RELATED EXPENDITURES IN THE GENERAL FUND.”


      AB19912 2. Resolution to approve Lake Padden Golf Course Greens Fee increase

      Res. 2013-04A RESOLUTION ESTABLISHING GREENS FEES FOR THE LAKE PADDEN GOLF COURSE.”

      AB19913 3. Authorization of checks issued for pay period March 1, 2013 through March 7, 2013

      AB19914 4. Authorization of checks issued for pay period March 8, 2013 through March 14, 2013

      AB19915 5. Authorization of checks issued for payroll February 26, 2013 through March 8, 2013

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



      FINAL CONSIDERATION OF ORDINANCES

      AB19850 1. AN ORDINANCE ADOPTING THE BELLINGHAM MUNICIPAL CODE, AS REVISED, REFORMATTED, INDEXED, CODIFIED, COMPILED, EDITED, AND REPUBLISHED BY CODE PUBLISHING COMPANY, SEATTLE, WASHINGTON; AMENDING BMC 1.01.010, 1.01.070, 1.01.090; RE-ENACTING BMC 1.01.080; AND ADDING NEW SECTIONS TO CHAPTER 1.01

      BORNEMANN / 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 #2013-03-016


      AB19888 2. AN ORDINANCE AMENDING BMC 20.52.020 TO CORRECT A SCRIVENER'S ERROR

      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 #2013-03-017





      ADJOURNMENT
      There being no further business, the meeting adjourned at 9:27 p.m.

      Seth Fleetwood, Council President

      ATTEST: Linda D. Anderson City Clerk Representative
      APPROVED: 04/08/2013



      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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