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You are here: Home) Government) Council) Meeting Materials) March 11, 2013


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, March 11, 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 18, 12:30 PM @ Woodstock Farm, the Bellingham City Council will hold a retreat to discuss the process for review and approval of the annual budget.
    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 a new project, ASB Trail, to be funded by Real Estate Excise Tax.
    On Monday, April 8, at 7:00 PM, in City Council Chambers, there will be a public hearing regarding the addition of an Economic Development Chapter to the Comprehensive Plan.

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


APPROVAL OF MINUTES

SNAPP / KNUTSON moved approval of the February 25, 2013 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0.



15 - MINUTE PUBLIC COMMENT PERIOD

Clay Butler would like a total ban on fireworks in Bellingham.

Angela Lenz, Tails-A-Wagging Doggie Day Care, would like a ban on the sale and use of consumer fireworks in Bellingham.

Dr. John Hodge, Retired Ophthalmologist supports a ban on fireworks.

Richard Maneval spoke in support of a ban on fireworks.

John Hymas shared that he and other Happy Valley Neighborhood Board Members would like a total ban on fireworks.

David Rabkin, D.V.M. Maplewood Animal Hospital, supports a ban on fireworks.

Steve Crooks expressed condolences for three aviators from Whidbey Island who were lost in a training exercise in Eastern Washington. He also thanked the Council for approving the purchase of acreage for a Cordata Park.

Abe Jacobson expressed strong concerns about the merger of Peace Health with Catholic Health Initiatives (CHI) citing that local governments were not consulted, the public was not informed, waiver of B&O tax and termination of family planning and birth control procedures.

Michael Chiavario addressed the Chuckanut Ridge/Community Forest Park District and asked the city to act on a rezone of the property and an interlocal agreement with the new park district.

Lori Province addressed the Peace Health/CHI merger and cited concerns for limited or no medical choices with regard to contraception and Death with Dignity.

Marian Beddill took issue with a statement in the draft Lake Whatcom Watershed Total Phosphorus and Bacteria TMDLs that says, “The simplest way to meet the phosphorus reduction goal is through full infiltration of runoff.” She requested that, the sentence be edited to forbid the phosphorous from landing on the ground in the first place. [Editor’s note: the draft report referred to is a Department of Ecology report, not a City of Bellingham report.]

Peter Morrison would like the Sunnyland light industrial rezone to go ahead so that it can qualify for conventional financing and said moving it up in priority would benefit the whole process.

Aileen Satushek asked the City Council to consider forming a task force to address the Peace Health/CHI merger because of the concerns and potential denial of full reproductive health care and end of life services.

Gary Wilbour would like the city to act on the rezone of the Chuckanut Ridge/Community Forest Park District property. It would be timely and send a strong message to the community who could move on to stewardship and an Interlocal agreement with the new Park District.

Catherine Chambers also expressed concerns about the Peace Health/CHI merger and the religious consequences to patients dealing with reproductive issues and end of life. She feels low income, dependent and rural women are disproportionately affected and may not have the access to medical care they need.

Dean Tuckerman expressed amazement that there is only one hospital in all of Whatcom County and said it is unacceptable to merge the hospital with a very conservative Catholic group [Peace Health/CHI].

Doug Bennett supports a greens fee increase at Lake Padden Golf Course [AB 19876].



PRESENTATION(S)

AB19873 1. Mayor Linville's State of the City Address

Mayor Linville presented her 2013 State of the City address to the council and citizens of Bellingham. She described her passion for transparent, accountable government and briefly reviewed her Progress on Priorities, which include:
    protecting Lake Whatcom,
    unified emergency medical services with the County,
    hiring of key management positions,
    developing economic development strategies,
    a balanced budget and moving towards a biennial budget which will make it easier to implement a city work plan,
    early work on the update of the Comprehensive Plan, and
    developing and implementing a downtown strategy that will save history that is so important to the community.

Information only.



PUBLIC HEARING(S)

AB19850 1. Proposed recodification of the Bellingham Municipal Code by the Code Publishing Company of Seattle, Washington

Council President Fleetwood opened the public hearing. No citizens spoke and the public hearing was closed. The ordinance will be amended to add portions that are appropriate and will be added to the Bellingham Municipal Code. Final consideration tentatively scheduled for March 25, 2013.


AB19866 2. Proposed amendment to 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.”

Public hearing held. Staff will consider comments from public and council, and bring the proposed amendment back to Council.

Jon Hutchings Assistant Public Works Director, summarized the proposed changes to BMC 12.12.280., which will further define inspections and permit requirements. The program envisions a multi-jurisdictional approach with comparable ordinances by the City of Bellingham and Whatcom County. It was noted that “The term “Watercraft” does not include vessels that are both non-motorized and hand-carried.” as included in Definitions 12.12.280A.9.

Proposed changes briefly summarized:
    AIS permits will be issued upon payment of the permit fee and successful inspection.
    The City will provide inspection and permitting services at various locations, including Bloedel, the Natural Resources Division Office and off-site locations by appointment.
    The City will recoup costs through AIS Permit fees: $50/annual sticker; $20/day pass.
    Inspections will be required in each calendar year.
    Re-inspections required after visiting any freshwater body located outside Whatcom County.
    Watercraft launching from Bloedel will be required to pass through an AIS check station and submit to inspection.
    The City will provide decontamination services at a cost of $25 per vessel.
    There will be an informational meeting on March 12, 2013 at Silver Beach Elementary School.

    Cathy Lehman inquired about a two-day pass.

    Mr. Hutchings explained that a two-day pass may be considered for weekend visitors.

    Council President Fleetwood stated that the written record will remain open until final consideration of the ordinance. Council President Fleetwood opened the public hearing.

    Ken Mason is a heavy user of the lake year-round and supports the proposed fees. He expressed unease that the gate may not be open for early morning/late evening or wintertime boaters.

    Monty Seidel, West Coast Marine Services, would like to see provisions for water trials for new and repaired boats.

    Kevin Walters suggested charging more for the fees. He has concerns about hand-carried boats and feels that they are actually at a higher risk for invasive species. He feels it is unfair not to charge all users and inspections should be enforced for all, including hand-carried boats. He too, had concerns about late night/early morning arrivals/departures from the lake and whether the gate would be locked during the off-hours.

    Joe Boyd feels the proposed fees are too high. He belongs to a Bass Club that has two tournaments a year and is concerned that the fees, in addition to the tournament fees may stop people from coming. He also noted the excessive runoff around all the paved ramps during a rainstorm. He said water gushes into the lake around the bulkheads.

    Lance Honcoop supports the proposal and feels the fees need to be higher. He also has concerns about the gates been locked during late night/early morning hours.

    There being no further comments, the public hearing was closed; the written record will remain open.

    Information only.


    REPORTS OF COMMITTEES

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

    AB19874 1. Report regarding Washington Conservation Corps crews assistance with Hurricane Sandy cleanup

    Report delivered during committee. Information only.


    AB19875 2. Draft 2013 Water System Plan Update

    A RESOLUTION AUTHORIZING SUBMITTAL OF THE DRAFT 2013 WATER SYSTEM PLAN FOR REVIEW BY ALL RELEVANT AGENCIES, REVIEWING AUTHORITIES AND THE GENERAL PUBLIC.”

    SNAPP/ KNUTSON moved final approval of Resolution #2013-02. 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.”

    WEISS / KNUTSON moved to direct staff to keep the written record open for the Area 14A rezone until the council has rendered a final decision. A worksession is scheduled for March 25, 2013. MOTION CARRIED 7-0.


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

    AB19876 1. Lake Padden Golf Course greens fee increase

    KNUTSON / SNAPP moved to amend the lease and approve the proposed fee increases through December 31, 2017. MOTION CARRIED 7-0


    AB19877 2. 2013 rate changes for athletic and park facilities and Depot Market Square rentals

    A RESOLUTION ESTABLISHING FEES FOR THE USE OF CITY PARKS AND RECREATIONAL FACILITIES.”

    Council Member Knutson noted that the effective date of the Resolution shall be amended to April 1, 2013.

    KNUTSON / BORNEMANN moved final approval of Resolution #2013-03 as amended. MOTION CARRIED 7-0.


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

    AB19878 1. Aquatic Invasive Species Prevention Program - fee discussion

    Council Member Lehman reported that the committee supports the staff recommendation and approved the rates as a discussion point with Whatcom County. Proposed fees: $50/annual pass; $20/day pass.


    AB19879 2. Lake Padden water quality update

    Report delivered during committee. Council Member Lehman noted that the Parks and Public Works Departments will be partnering on an educational campaign.

    Information only.


    AB19880 3. Initial analysis of the Lake Whatcom Water Quality Improvement Report and Implementation Strategy; Volume 2

    Report delivered during committee. Council Member Lehman noted that within five years, the city needs to answer: “What does it take to get us to an 87% reduction within 50 years?” and “With the money that we have available right now, how long would it take?” Answering those two questions will provide a clearer picture of what the city needs to do. The city will submit the plan to the Department of Ecology (DOE) and if appropriate, the DOE will submit it to the Environmental Protection Agency. Once approved, the city would then move forward with its’ plan.

    The draft report is open for public comment until May 28, 2013.

    There will be a Joint Management Meeting regarding Lake Whatcom, March 28, 2013 in the Bellingham Public Library Lecture Room at 6:00 p.m.

    Information only.


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

    AB19881 1. Overview of the Draft Interlocal Agreement for facilities within the Waterfront District between the City of Bellingham and the Port of Bellingham

    Jeff Thomas, Director Planning & Community Development noted that five core documents will inform the waterfront review process: Waterfront Master Plan; code amendments to the Bellingham Municipal Code related to development and design standards; a planned action ordinance (a SEPA related document). These three documents will be formally reviewed by the Planning and Development Commission, who will provide a recommendation to City Council. The other two documents: the development agreement and the capital facilities agreement, aren’t subject to formal Planning and Development Commission review and recommendation but will be provided with explanations of how all the documents interface. Once the Planning and Development Commission completes their work, the council will get the proposal back later this year. All five documents will be subject to City Council review, public hearing, deliberations and decision making.

    Council Member Weiss feels that these agreements should be reviewed by the Parks Board and Transportation Commission. He asked if the Board and Commission could be provided with the documents for review and then provide their comments to the City Council.

    Information only.


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

    AB19882 1. Hearing Examiner Annual Report to City Council

    Report delivered during committee. Information only.


    AB19883 2. Army Street Project briefing

    Report delivered during committee. Information only.


    AB19884 3. Memorandum of Understanding between the City of Bellingham and the Bellingham Public Development Authority regarding 2013 deliverables

    Discussion during committee. Staff will bring back the item for Council’s consideration.


    AB19885 4. Modification to Second Operating Agreement between the City of Bellingham and the Bellingham Public Development Authority to add language regarding BPDA expenditures

    Discussion during committee. Staff will bring back the item for Council’s consideration.

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

            6. Old/New business

    Council Member Knutson will bring forward a resolution with regard to I-522 “The People’s Right to Know Genetically Engineered Food Act.”

    Council Member Snapp will bring forward a recommendation with regard to a ban on fireworks.

    WEISS / KNUTSON moved to reaffirm the City Council’s intent in supporting the reconveyance in the watershed to Whatcom County. [Editor’s Note; Whatcom County AB 2012-066C scheduled for March 12, 2013]. MOTION CARRIED 7-0.

    BORNEMANN / LILLIQUIST moved to direct staff to put necessary paperwork together to rezone the Chuckanut Ridge property to public lands and place on the 2013 docket. MOTION CARRIED 7-0.




    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 for council.

    Mayor Linville and Council Member Weiss have been working with the Birchwood Neighborhood to resolve neighborhood concerns. An Anti-crime Team has been established.

    Mayor Linville reported that the application process for a new Fire Chief has now closed and interviews will be held on March 29, 2013.



    AB19886 2. Mayor's appointment of Dean Haskins to the Mayor's Neighborhood Advisory Commission as the Alabama Hill primary representative, for Council's 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.

    Council President Fleetwood noted that item #1, AB 19887 had been pulled from the Consent Agenda and will be considered separately. [See below.]
    AB19887 1. Bid Award for Arne Hanna Aquatic Center pool resurfacing. Pulled.


    AB19888 2. An Ordinance amending BMC 20.52.020 to correct a scrivener's error

    AB19889 3. Authorization of checks issued for pay period February 8, 2013 through February 14, 2013

    AB19890 4. Authorization of checks issued for pay period February 15, 2013 through February 21, 2013

    AB19891 5. Authorization of checks issued for pay period February 22, 2013 through February 28, 2013

    AB19892 6. Authorization of checks issued for payroll February 9, 2013, through February 25, 2013

    KNUTSON / SNAPP moved approval of the Consent Agenda items 2-5. MOTION CARRIED 7-0.


    AB19887 1. Bid Award for Arne Hanna Aquatic Center pool resurfacing

    Council directed staff to review the source of funding and this request with the Greenways Committee.


    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

    Final Consideration delayed; tentatively scheduled for March 25, 2013.


    AB19865 2. 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

    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 #2013-03-015




    ADJOURNMENT
    There being no further business, the meeting adjourned at 9:58 p.m.

    Seth Fleetwood, Council President

    ATTEST: Linda D. Anderson City Clerk Representative
    APPROVED: 03/25/2013



    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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