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You are here: Home) Government) Council) Meeting Materials) September 24, 2012


RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON


COUNCIL CHAMBERS, CITY HALL
Monday, September 24, 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, September 24, 10:00 AM - 12:00 PM in City Council Chambers, the Council's Public Works/Public Safety Committee will continue its worksession from September 4th, regarding the 2012 Water, Sewer and Stormwater Utility Rates Study Preliminary Results.

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


APPROVAL OF MINUTES

KNUTSON / SNAPP moved approval of the September 10, 2012 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0.


15 - MINUTE PUBLIC COMMENT PERIOD

Leonard Lindstrom provided social advice.

Charles Law spoke in opposition to the coal trains and noted several cities that have expressed their opposition as well.

Matt Petryni, Resources for Sustainable Connections, spoke in opposition to the coal terminal and submitted 9,000+/- signatures opposing coal, citing potential impacts to the economy, environment and health. He encouraged the council to note their opposition to Whatcom County, Department of Ecology and Army Corp of Engineers.

Matt Paskus took issue with the Port of Bellingham Noise Study 2009 with 2008 data, reflecting contours of noise, which he says was out of date at the time of the presentation. He has concerns about increased flight traffic and noted that the contour lines reflecting the noise pollution will expand. He said the Port of Bellingham is projecting a flight every 28 minutes.

Patrick McKee is very concerned about the Storm & Surface Water Utility Rate Study and the projected increases. He said those increases give him no control over how much, or how little, he will use which is normally a characteristic of a public utility. This has led him to conclude that the city's Storm Utility is a government services fund masquerading as a public utility. He asked the council to ask tough questions as the study proceeds as these would be very large increases in monthly fees.

Yoshé Revelle spoke in opposition to the coal terminal.

Vince Lalonde spoke in opposition to the coal trains. He is the owner of two locations of Mount Bakery and commended the revitalization of the Bay Street area. The downturn of the economy has changed the outlook for the Port and mill area. Allowing the coal port and coal trains will cut off a lot of the possibilities in the waterfront area.

Laura Felber spoke in opposition to the coal trains.


PRESENTATION(S)

AB19687 1. Puget Sound Energy Grant for Energy Efficiency Upgrades at Post Point Waste Water Treatment Plant [WWTP]

David Montgomery, Senior Energy Management Engineer, Puget Sound Energy, presented a check for the Energy Efficiency Grant in the amount of $79,273.00.

Information only.


PUBLIC HEARING(S)

AB19688 1. City of Bellingham 2013 & 2014 Revenue projections including an increase in the Property Tax Levy

Brian Henshaw, Budget Manager presented the Revenue Forecast for 2013 - 2014. Points of interest included:
    · The city is transitioning to a biennial budget, therefore the 2014 forecast is included with the 2013 forecast.
    · Key indicators include:
        o Whatcom County Non-Farm Jobs, ahead of last year.
        o YTD Building Activity, up substantially from last August.
    · Sales Tax Citywide - anticipate increases near 3% with small, stable growth over the next two years.
    · YTD Sales Tax - Top Sectors - all segments are improving.
    · B&O Tax - trending 6.3% increase in 2012 and anticipate stable growth over the next two years.
    · YTD B&O - Top Sectors - all segments improving.
    · Real Estate Excise Tax - trending to 4% increase in 2012 and anticipate stable growth over the next two years.

He reviewed charts informing the Council on Utility Taxes, Property Tax Distribution and the Property Tax Levy Rate per $1,000 of Assessed Valuation.

Citywide, budgeted revenues are anticipated to be about $221 million.

The Mayor will present the Preliminary 2013 - 2014 Budget on October 8, 2012.

Council President Bornemann opened the public hearing.

Patrick McKee addressed the utility tax revenues. He believes the city’s water, sewer and stormwater utilities contribute about $6 million in tax revenue to the city’s General Fund. He does not think many people realize that their sewer and stormwater utilities are taxed at 11.5% a year; the surcharge on the water fund, until recently, has been taxed at 11.5% and the city's water utility is taxed at 18.25%. He believes that services like drinking water, which is a basic human need, should not be used as a piggy back for the General Fund. In discussions of rate increases, he has never heard anyone question the fact that every time water rates are raised, the city is also generating more money for General Fund. He said, it seems like there is an incentive to raise water, sewer and stormwater rates because in doing so the city is generating more money for the city’s General Fund. Because the two are linked, the Council needs to question whether every time water rates are raised the increased money goes into the General Fund.

Therese McLeod suggested a citizen “waste buster committee” to brainstorm where the city could save money.

KNUTSON / SNAPP moved to close [verbal] public comment and to keep the written record open until November 19, 2012. MOTION CARRIED 7-0.

Information only.

Council Member Snapp left Council Chambers.



REPORTS OF COMMITTEES

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

AB19689 1. Ordinance to amend BMC Title 6 - Business Registrations

AN ORDINANCE RELATING TO BUSINESS REGISTRATIONS IN THE CITY OF BELLINGHAM, AMENDING BELLINGHAM MUNICIPAL CODE SECTIONS 6.05, 6.05.025, 6.05.030, 6.05.230, 6.06.030, 6.08, 6.08.001, 6.08.010, 6.08.020, 6.08.025, 6.08.030, 6.08.050, 6.08.080, 6.08.110, 6.08.334, 6.18.030, 6.18.050, 6.18.100, 6.18.110, 6.08.150, 6.26.010, 6.26.040, 6.26.050, 6.30.040, 6.30.150, 6.30.190, 6.32.020, 6.54.030, AND 6.54.190 TO MAKE BUSINESS REGISTRATION APPLICATION PROCEDURES CONSISTENT WITH THE STATE BUSINESS LICENSING SERVICE AND TO UPDATE PROVISIONS THAT GOVERN THE GROUNDS FOR DENIAL AND REVOCATION OF BUSINESS REGISTRATIONS.”

LILLIQUIST / KNUTSON moved approval for first and second reading. MOTION CARRIED 6-0 (SNAPP out of chambers).

Council Member Snapp returned to Council Chambers.


AB19690 2. Budget Ordinance to reclassify and relocate one position in the Mayor's office

AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING AN ADDITIONAL $7,706.00 IN THE GENERAL FUND AND $895.00 IN THE TOURISM FUND TO PROVIDE FOR A RECLASSIFICATION OF A PROGRAM MANAGER 1 IN THE PLANNING DEPARTMENT COMMUNITY DEVELOPMENT GROUP.”

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


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

          1. Approval of City Council Committee and/or Special Meeting minutes

None submitted at evening meeting.
            2. Old/New business

    None presented.


    Executive Session - Report and action only.

    1. Labor Relations Update: Staff provided an update on the ratification of the AFSCME Local 114F bargaining agreement for 2012-2014.
      SNAPP / WEISS moved to approve the agreement with AFSCME Local 114F with the following terms:
        · Term of Agreement: 3 years.
        · Wages to include: 3% - effective October 1, 2012
      2% - 2013
      For 2014 - same as City negotiates with What-Comm Guild for 2014
        · Benefit terms to include: Premium-sharing same as E-team,
      AFSCME 114 and Teamsters S&P
      effective January 1, 2013.

      Addition of High Deductible Health Plan (HDHP) with a Health Savings Account (HSA) as a choice for 2013.

      $1,000.00/member medical change incentive.
        · Operational Changes: Agreement to operational changes that allow
      for more efficient and cost-effective management of the Prospect Communications Center.

      MOTION CARRIED 7-0.

      2. Potential Litigation and Potential Property Acquisition: Staff provided information on a potential litigation and potential property acquisition matter. Direction given. No action taken.

      3. Litigation: City of Bellingham and Futurewise v. Whatcom County and Caitac USA Corp.: Staff provided an update on two litigation matters.

      KNUTSON/SNAPP moved to authorize the Mayor to enter into a settlement agreement with the following terms:
        · Whatcom County will take legislative action to repeal Ordinance 2011-051 so that the area rezoned R5A will revert back to R10A.
        · No party will seek to rezone all or part of the R10A area to R5A for a period of five years.
        · Whatcom County and Caitac will terminate the development agreement associated with Ordinance 2011-051.
        · Ordinance 2011-052 will remain in full force and effect so that the area designed a Rural Tourism LAMIRD [limited areas of more intensive rural development] and rezoned at Tourist Commercial will keep that designation and zoning.
        · The development agreement associated with Ordinance 2011-052 will remain in full force and effect.

      MOTION CARRIED 6-0-1, LEHMAN abstained.

      4. Litigation: New Cingular Wireless v. City of Bellingham: Staff provided information on a litigation matter. Information only. No action taken.

      5. Potential Property Sale and Potential Litigation: Staff provided information on a potential property sale and litigation matter.

      KNUTSON / LEHMAN moved to authorize the sale of the property located at 2404 Meridian Street in the amount of $180,500.00 subject to the Retention of Real Estate Proceeds Agreement between the City and the Estate of Allyn C. Deets as modified by the Order Re: Sale of 2402 Meridian entered by Whatcom County Superior Court on September 24, 2012. MOTION CARRIED 5-2, WEISS, SNAPP opposed.


      MAYOR'S REPORT
              1. Standing time for briefings, updates and reports to Council by the Mayor, if needed.
        Mayor Linville reported the following with regard to the scoping for the Gateway Pacific Project:
          · Scoping for the Gateway Pacific Project Environmental Impact Statement begins today and ends on January 24, 2013.
          · This part of the process does not address whether the project should receive permits, but only what should be studied in the EIS. Decisions about issuing permits to construct the terminal will not be made until after the EIS is complete.
          · The City team, consisting of EIS review and communications members, has been meeting for over a year, most recently last week to prepare for scoping.
          · In October, the City team will meet to begin assembling scoping comments and will provide Council an update after that time. Council may wish to join the City staff's scoping comments or provide its own.
          · City staff plans to attend the fall scoping public meetings, occurring on Saturday, October 27th at Squalicum High School and Thursday, November 29th at the Ferndale Events Center.
          · For information about scoping go to www.eisgatewaypacificwa.gov.
          · Links on the City website also will help Bellingham residents and others stay up-to-date on this project.

        Information only.


        AB19691 2. Mayor's appointment of Barry Buchanan to the Waterfront Advisory Group for Council's approval

        LEHMAN / KNUTSON moved approval of the Mayor’s appointment of Barry Buchanan to the Waterfront Advisory Group, term ending September 24, 2015. MOTION CARRIED 7-0


        AB19692 3. Mayor's reappointment of David Willett to the Design Review Board for Council's approval

        WEISS / KNUTSON moved approval of the Mayor’s reappointment of David Willett to the Design Review Board, term ending September 25, 2016. MOTION CARRIED 7-0.


        AB19693 4. Mayor's reappointment of Bill Dubay, for the Cordata Neighborhood, and Christopher Grannis, for the South Neighborhood, to the Mayor's Neighborhood Advisory Commission for Council's information

        Information only.


        AB19694 5. Mayor's reappointment of Alex Allyne, Juan Baldovinos, Mary Carlson and Susan Gribbin to the Community Development Advisory Board 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.

        AB19695 1. Authorization of checks issued for pay period August 24, 2012 through August 30, 2012

        AB19696 2. Authorization of checks issued for pay period August 31, 2012 through September 6, 2012

        AB19697 3. Authorization of checks issued for pay period September 7 2012 through September 13, 2012

        AB19698 4. Authorization of checks issued for payroll August 25, 2012 through September 10, 2012

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


        FINAL CONSIDERATION OF ORDINANCES

        AB19669 1. AN ORDINANCE OF THE CITY OF BELLINGHAM ESTABLISHING NEW MARINA BOATHOUSE FIRE CODE REGULATIONS BY AMENDING BELLINGHAM MUNICIPAL CODE (BMC) SECTIONS 17.20.010 AND 17.20.020 AND ADOPTING A NEW BMC SECTION 17.20.110 WHICH AMENDS THE 2009 INTERNATIONAL FIRE CODE, CHAPTER 45, AS ADOPTED BY THE STATE OF WASHINGTON

        Council Member Snapp noted that he believes the proposed code changes have been properly vetted. He met with the Fire Chief and fire staff and is assured that the code changes were reviewed at a public meeting and are supported by the Port of Bellingham and Marina Advisory Committee.

        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 #2012-09-044


        AB19674 2. AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING $45,000.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE TOURISM FUND TO BE USED FOR ADDITIONAL CONTRACTUAL SERVICES

        LILLIQUIST / 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 #2012-09-045


        AB19677 3. AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING AN ADDITIONAL $13,798.00 IN THE GENERAL FUND AND $25,214.00 IN THE DEVELOPMENT SERVICES FUND, ALONG WITH REALLOCATING OTHER EXPENDITURES IN BOTH FUNDS, TO PROVIDE FOR A REORGANIZATION OF STAFF IN THE PLANNING DEPARTMENT BUILDING SERVICES GROUP

        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, SNAPP, WEISS
        NAYS: LILLIQUIST
        ABSTENTIONS:

        MOTION CARRIED 6-1 and was thereafter named Ordinance #2012-09-046.


        ADJOURNMENT
        There being no further business, the meeting adjourned at 8:35 p.m.
        Terry Bornemann, Council President

        ATTEST: Linda D. Anderson City Clerk Representative
        APPROVED: 10/08/2012



        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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