Skip to page contents
Contact Us Site Map
You are here: Home) Government) Council) Meeting Materials) December 03, 2012

CITY COUNCIL AGENDA FOLLOW UP: December 03, 2012

Call to Order
Announcements & Upcoming Meetings:
    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.
Pledge Of Allegiance

Led by Council President Bornemann
Roll Call

All present.
Approval Of Minutes

None submitted.
15-Minute Public Comment Period


Public Hearing
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 Member Lilliquist recused himself from the meeting for this item and left Council Chambers.

Public hearing held.

Council President Bornemann reported that the Council will deliberate on the matter in private, December 4, 2012 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.
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.
1st & 2nd APPROVED
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.
1st & 2nd APPROVED
Lake Whatcom Reservoir and Natural Resources
Seth Fleetwood, Chair
Michael Lilliquist; Cathy Lehman; Stan Snapp
AB19752 1. Proposed Mitigation Program overview

Information only.
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.
1st & 2nd APPROVED
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.
1st & 2nd APPROVED
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.
APPROVED
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.
1st & 2nd APPROVED
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 NON-PROFIT LOW INCOME HOUSING ENTITIES.”

SNAPP / LILLIQUIST moved approval for first and second reading. MOTION CARRIED 7-0.
1st & 2nd APPROVED
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.
1st & 2nd APPROVED
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.
1st & 2nd APPROVED
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.
1st & 2nd APPROVED
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.
1st & 2nd APPROVED AS AMENDED
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 public hearing. MOTION CARRIED 7-0.

Amendments to Fund Reconciliation (page 2 of ordinance):
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.
1st & 2nd APPROVED AS AMENDED
          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.
APPROVED
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.
APPROVED
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.
APPROVED
AB19766 5. Mayor's reappointment of Pam Holladay and Geoff Middaugh to the Parks and Recreation Advisory Board for Council's information

Information only.
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.”
Res. 2012-33
(Consent Agenda)
AB19768 2. Bid Award 69-B2012, Thickened waste activated sludge piping modification(Consent Agenda)
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.”
1st & 2nd
(Consent Agenda)
AB19770 4. Authorization of checks issued for pay period November 4, 2012 through November 10, 2012(Consent Agenda)
AB19771 5. Authorization of checks issued for pay period November 11, 2012 through November 17, 2012(Consent Agenda)
AB19772 6. Authorization of checks issued for pay period November 18, 2012 through November 21, 2012(Consent Agenda)
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.
CONSENT AGENDA APPROVED IN ITS ENTIRETY
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
Ord. 2012-12-050 APPROVED
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
Ord. 2012-12-051 APPROVED
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
Ord. 2012-12-052 APPROVED
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
Ord. 2012-12-053 APPROVED
Adjournment

There being no further business, the meeting adjourned at 10:12 p.m.
Next City Council Meeting
Monday, December 10, 2012


Disclaimer: This document is provided as a courtesy follow up of the City Council meeting. This document is not to be considered the minutes from the meeting rather a report of the action taken by Council. All information contained herein is subject to change upon further review of the tapes of proceedings and composure of the minutes from the meeting. Your comments and suggestions are welcome.
Top of Page ^ Top of page