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RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, December 10, 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)

    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.


APPROVAL OF MINUTES

None submitted.


15 - MINUTE PUBLIC COMMENT PERIOD

Bill Black feels that the rowing club should stay where they are at Bloedel Donovan. He said that there is a lot of current at the Electric Avenue bridge and it is a narrow spot. Putting the club’s dock there could be unsafe. He also has concerns about the effect on the estuary.

Terry Wechsler reviewed the Gateway Pacific Terminal (GPT) scoping letter [AB19739] and had some concerns. He thanked the Mayor for the letter and said, “it's a start” but it should consider the impacts on the world, not just Bellingham.

Marian Beddill discussed the GPT scoping letter [AB19739] She thinks it is a good letter but suspects the agencies know all of these concerns and the letter may be a little soft. She would like to see some more clout in the correspondence and perhaps split it up and send 30 letters from the Mayor elaborating on each item.

Brooks Anderson addressed the GPT Scoping Letter [AB19739]. She said it is time to move forward and asked that the quiet zone be investigated more thoroughly.


REPORTS OF COMMITTEES

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.


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.

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.


Planning and Community Development
Jack Weiss, Chair
Michael Lilliquist; Cathy Lehman; Seth Fleetwood

AB19777 1. Downtown Plan - Overview of Phase II Results

A master plan will be developed over the next few months to help foster development in the downtown area. Information only.


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

There will be additional work in the second half of 2013 and recommendations provided by the staff. 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. No amendments made.


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.
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.


AB19779 3. Review of Public Education and Government [PEG] Access TV Organizational Research

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, which will occur later in the 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.

        2. Litigation: Newlun v. Bellingham Police Department et al: Staff provided information on a litigation matter. Direction given. No action taken.

        3. Litigation: Herron v City of Bellingham, et al: 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.

      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.


      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.


      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.


      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.


      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.


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

      Information only.


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

      AB19787 1. Bellingham Public Library - Bellingham Technical College Library Establishment and Maintenance of the BTC Connection Interlocal Agreement

      AB19788 2. Bellingham Public Library - Western Washington University Library Establishment and Maintenance of the WWU Connection Interlocal Agreement

      AB19789 3. Bellingham Public Library - Whatcom Community College Establishment and Maintenance of the WCC Connection Interlocal Agreement

      AB19790 4. Bellingham Public Library - Whatcom County Rural Library District Mutual Extension of Borrowing Privileges and Services Interlocal Agreement

      AB19791 5. Final Plat consideration of the Creekside Cove Preliminary Plat

      Res. 2012-35 “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.”

      AB19792 6. Final Plat consideration of the Parkway Gardens Preliminary Plat

      Res. 2012-36 “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.”

      AB19793 7. Final Plat consideration of Division 2 of Phase 2 of the Highlands Preliminary Plat

      Res. 2012-37 “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.

      AB19794 8. Final Plat consideration of Division 4 of the Samish Highlands Preliminary Plat

      Res. 2012-38 “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.

      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.


      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



      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


      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


      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


      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


      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 NONPROFIT 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


      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


      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


      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


      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


      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


      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



      ADJOURNMENT
      There being no further business, the meeting adjourned at 8:14 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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