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You are here: Home) Government) Council) Meeting Materials) November 19, 2012


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, November 19, 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, November 19, @ 3:00 PM, or as soon as possible thereafter, in the Mayor's Board Room, there will be a worksession to discuss the 2013 Budget regarding the Public Development Authority, Capital Facilities and the Legislative Department.

Please note that the 2013 City Budget presented for Public Hearing at the Regular Meeting on this agenda includes the increase in property tax revenue related to the Low Income Housing Levy approved by the voters in the November General Election for citizen input.

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


APPROVAL OF MINUTES

KNUTSON / SNAPP moved approval of the October 22, 2012 and November 5, 2012 minutes of the regular City Council meetings as submitted. MOTION CARRIED 7-0.



15 - MINUTE PUBLIC COMMENT PERIOD

Leonard Lindstrom discussed family and social issues.

Lynn Oulman commended the scoping request [AB19739]. She related current environmental concerns to the Dust Bowl and the greed and political manipulation that were involved. There are similarities and we have to care about our environment and our back yard.

Bob Johnston encouraged the council to embrace the points outlined in the letter drafted by Mayor Linville regarding scoping for the Environmental Impact Statement for the Gateway Pacific Terminal [AB19739]. He suggested adding the impacts on the local marine environment.

Yoshé Revelle is very concerned about the recent passage of laws allowing hard liquor and cannabis. Why? What are we telling our children and ourselves?

Brooks Anderson thanked the Mayor and council for the scoping comments on the GPT and for being very clear in asserting that the costs for infrastructure should be borne by the applicant and not the public.

Jill MacIntyre Witt said that the scoping comments ignore climate change.



PUBLIC HEARING(S)

AB19730 1. Water, Sewer and Stormwater Utility Rates

Ted Carlson, Public Works Director reviewed the process since March and reviewed the proposed rates and challenges. He noted that the major drivers for the utility rates are: capital projects and associated debt service; Lake Whatcom Watershed; reinvestment in system for aging infrastructure; and reserves for operating and rate stabilization.

Water Rate Structure Revisions: reflect cost of service phased over 3 years; introduction of ‘transitional’ Single Family Residential class; separate class for water districts; and untreated water rates set to 80% of non-residential water rates.

Sewer Rate Structure Revisions: reflect cost of service phased over 3 years; creation of ‘domestic-strength’ class for single family and most users; higher strength classes for industrial and heavy commercial users.

Stormwater Rate Structure: no change in structure; rates increase uniformly across the existing structure.

Staff recommends adoption of the ordinances for the proposed water, sewer and stormwater rates and the increase of the low income credit threshold to $35,000.00.

If approved, system development charge revisions would go into effect during the second quarter, 2013

Council President Bornemann opened the public hearing.

No citizens spoke and the public hearing was closed.


AB19700 2. City of Bellingham's 2013 Budget
(Includes property tax increase related to Low Income Housing Levy)

John Carter, Finance Director reviewed the process to date and the decisions impacting the budget process.

Brian Henshaw, Budget Manager provided an update to the budget process and reviewed the breakdown of the 2012 property tax distribution and modifications to General Fund revenues and expenses. Other fund modifications were shown in the Medic One Fund, the voter approved levy for the Low Income Housing Fund and the Transportation Benefit District.

The Budget ordinance will be introduced on December 3, 2012.

Council President Bornemann opened the public hearing.

Diane Foster spoke in opposition to city block grants being managed by United Way.

Emily Weaver feels that the Public Development Authority is not the right model for restructuring the downtown area.

Ian Rae spoke in favor of continued funding for Sustainable Connections.

Kae Moe asked that the city no longer fund the Public Development Authority and to put those funds into parking.

Rose Lathrop spoke in favor of continued funding for Sustainable Connections.

Robert Clark asked that all monies accrued for Public, Education & Government television (PEG) services remain and not be used to address other fiscal needs.

Perry Eskridge spoke in opposition to funding the Low Income Housing plan.

C. Ivey-Cone asked that PEG monies not be used for other fiscal needs.

Janet Lightner spoke in favor of continued funding for Sustainable Connections.

Ken Weaver spoke in opposition to funding the Public Development Authority.

Derek Long spoke in favor of continued funding for Sustainable Connections.

Emily Petterson spoke in favor of moving forward with PEG programs.

Shirley Forslof spoke in favor of retaining funding for Meals on Wheels.

Feni Abebefe spoke in favor of moving forward with PEG programs.

Mary Carlson spoke in favor of retaining funding for Meals on Wheels.

Suzanne Blais spoke in favor of moving forward with PEG programs.

Louise Bjornson spoke in favor of retaining funding for Meals on Wheels.

Connor Flynn spoke in favor of moving forward with PEG programs.

Catherine Chambers spoke in opposition to city block grants being managed by United Way.

There being no further comments, the public hearing was closed. Written comments will be accepted through December 3, 2012.

A budget worksession is scheduled for November 26, 2012.

Information only.

WEISS / KNUTSON moved to close the September 24, 2012 Public Hearing [AB 19688] on City of Bellingham 2013 & 2014 Revenue projections. MOTION CARRIED 7-0.

  • To a point of order, AB 19701 was moved to this point in the meeting.


AB19701 3. Housing Levy Administrative and Financial Plan

A RESOLUTION ADOPTING THE LOW INCOME HOUSING ADMINISTRATIVE AND FINANCING PLAN REGARDING THE USE AND EXPENDITURE OF HOUSING LEVY FUNDS AUTHORIZED BY THE VOTERS IN PROPOSITION NO. 1, LOW-INCOME HOUSING LEVY.”

LILLIQUIST / SNAPP moved final approval of Resolution #2012-31.
WEISS / LILLIQUIST moved to amend the Housing Levy Administrative and Financing Plan, attached to the resolution by replacing paragraph 1 of the Reporting Section (page 6 of the report) with the following:

“The Planning and Community Development Department will provide an annual program progress and performance report to the Mayor and City Council each year. Draft and final reports will be widely circulated to citizens and stakeholders interested in affordable housing and use of the housing levy proceeds, including the Community Development Advisory Board (CDAB) and Mayor appointed housing stakeholders.”

MOTION CARRIED 7-0.
MAIN MOTION CARRIED 7-0.


AB19731 1. 2013 Property Tax Ordinance

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.”

LILLIQUIST moved approval for first and second reading.
LILLIQUIST withdrew motion.


AB19731(res) 2.

Council Member Lilliquist read the title and first four paragraphs into the record noting that the remainder of the resolution is copied verbatim from the proposed ordinance (AB 19732).

A RESOLUTION CERTIFYING THE CITY OF BELLINGHAM’S ESTIMATED PROPERTY TAX LEVY FOR THE 2013 BUDGET TO BE FILED WITH THE CLERK OF THE COUNTY LEGISLATIVE AUTHORITY."

WHEREAS, the Revised Code of Washington (RCW) 84.52.020 states that it shall be the duty of the city council to certify to the county legislative authority, for the purpose of levying district taxes, budgets or estimates of the amounts to be raised by taxation on the assessed valuation of the property in the city; and

WHEREAS, RCW 84.52.020 requires this certification to be filed with the clerk of the county legislative authority on or before the thirtieth day of November.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELLINGHAM:

The City Council approves and certifies the following as the City of Bellingham’s estimated 2013 tax levy request to be filed with the clerk of the county legislative authority. [Remainder of resolution is verbatim from ordinance as described.]

LILLIQUIST / KNUTSON moved final approval of Resolution #2012-32. MOTION CARRIED 7-0.


AB19731 (ord) 1. 2013 Property Tax Ordinance

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.”

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


AB19701 2. Moved to precede AB 19731.


REPORTS OF COMMITTEES

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


AB19732 3. An Ordinance for Budget Appropriation of $200,000 from Police Department General Fund to the Criminal Justice Fund.

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 EXPENDITURES FOR THE JAIL, FROM A TRANSFER OF UP TO $200,000.00 FROM THE CRIMINAL JUSTICE FUND.”

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


AB19733 4. An Ordinance for Budget appropriation request for $350,000.00 from the Warehouse Reserve Fund

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

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


Council President Bornemann recused himself from the chair for items AB 19734 and AB 19735. Council President Pro Tem Seth Fleetwood assumed the chair.


AB19734 5. Authorization of payment of employer contributions and interest to the Public Employee Retirement System for retroactive service credit for City Council Members

LILLIQUIST / KNUTSON moved to authorize payment to the Public Employee Retirement System for retroactive service credit for City Council members. MOTION CARRIED 5-0-1, WEISS abstained. (BORNEMANN recused from vote.)


AB19735 6. An Ordinance amending the 2012 Budget to transfer $6,610 from estimated ending reserved in the General Fund to the Legislative Department for payment of prior retirement credits for a City Council Member

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

LILLIQUIST / KNUTSON moved approval for first and second reading. MOTION CARRIED 5-0-1, WEISS abstained. (BORNEMANN recused from vote.)

Council President Bornemann resumed the chair.


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

AB19736 1. An Interlocal Agreement with Whatcom County concerning the Comprehensive Plan Update project and Population Growth Forecasts

WEISS / KNUTSON moved to authorize the Mayor to enter into an Interlocal Agreement with Whatcom County and the cities of Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack and Sumas concerning cost sharing for planning studies associated with the Comprehensive Plan update and UGA review. MOTION CARRIED 7-0.

Transportation
Cathy Lehman, Chair
Jack Weiss; Gene Knutson

AB19737 1. Washington State Department of Transportation - Meridian Street

Information only.


AB19738 2. James Street Road Bridge Replacement, ER-0009 - Impacts to Sunset Pond Park

Information only.


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

AB19739 1. Environmental Impact Statement Scoping Request for the Gateway Pacific Terminal project

Mayor Linville and staff will incorporate revisions directed by council and bring back for council consideration on December 3rd 10th, 2012. [Editor's note: staff confirmed council consideration will be on December 10th as discussed during committee.)

          2. Approval of City Council Committee and/or Special Meeting minutes
None submitted at evening meeting.

          3. Old/New business

Council Member Knutson reported that Council Members Snapp and Weiss will attend a the Professional & Technical Writing class at Western Washington University on November 27, 2012 regarding positive intervention for City of Bellingham proposals.


Executive Session - Report and action only.
    1. Potential Property Acquisition: Staff provided information on a potential property acquisition. Direction given. No action taken.

    2. Potential Litigation: Staff provided information on a potential litigation matter. Information only. No action taken.

    3. Potential Litigation/Potential Property Acquisition: Staff provided information on a potential litigation matter/potential property acquisition. Information only. No action taken.

    4. Potential Litigation: Staff provided information on a potential litigation matter. Information only. 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 will request a presentation of a brief overview of buildings of historical significance in downtown Bellingham.

Mayor Linville reported that staff is working hard on waterfront planning with the Port of Bellingham. Links are available on the City and Port’s web sites.

Mayor Linville reported that she and County Executive Jack Louws are proceeding in directing staff in negotiating the administrative agreement for EMS negotiations.


AB19740 2. Mayor's appointment of Ted Rosen to the Greenway Advisory Committee for Council's approval.

LILLIQUIST / KNUTSON moved to approve the Mayor’s appointment of Ted Rosen to the Greenway Advisory Committee, term ending November 19, 2015. MOTION CARRIED 7-0.

Ted Carlson, Public Works Director will provide a status report regarding the Bloedel boat launch and progress of operational changes on December 10th or early in the new year.


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.

AB19725 1. Front-End Loader Bid Award, Bid # 55B-2012

AB19741 2. Authorization for the Mayor to enter into an agreement with the Department of Ecology for Grant #G1200579, Water Quality for Padden Creek Estuary

AB19742 3. Authorization for the Mayor to enter into an agreement with the Department of Ecology for Grant #G1200580,Towards Net Zero Water

AB19743 4. Authorization for the Mayor to enter into an agreement with the Department of Ecology for Grant #G1200581, Lake Whatcom Right-of-Way Retrofits

AB19744 5. Authorization for the Mayor to enter into an agreement with the Department of Ecology for Grant #G1200582, Vactor Transfer Facility Expansion

AB19745 6. Authorization for the Mayor to enter into an agreement with the Department of Ecology for Grant #G1200583, Stormwater Retrofits for Bloedel Donovan Park

AB19746 7. Authorization for the Mayor to enter into an agreement with the Department of Ecology for Grant #G1200584, Central Business District Raingarden Retrofits

AB19747 8. Authorization of checks issued for pay period October 28, 2012 through November 3, 2012

AB19748 9. Authorization of checks issued for payroll October 26, 2012 through November 9, 2012

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



FINAL CONSIDERATION OF ORDINANCES

AB19721 1. AN ORDINANCE RELATING TO LAND USE AND EXTENDING THE EXPIRATION DATE OF BELLINGHAM MUNICIPAL CODE CHAPTER 20.27, A DEMONSTRATION PROGRAM FOR INNOVATIVE PERMANENTLY AFFORDABLE HOMEOWNERSHIP PROJECTS

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 #2012-11-049



ADJOURNMENT
There being no further business, the meeting adjourned at 10:10 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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