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CITY COUNCIL AGENDA FOLLOW UP: June 21, 2010

CALL TO ORDER
ANNOUNCEMENTS & UPCOMING MEETINGS:
    On Monday, July 12, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding the formation of a Local Improvement District [LID] for the installation of a sewer main along 34th street, between Donovan and Taylor streets. The LID will be charged directly to the benefiting 20 lots between the addresses of 1128 and 1544, 34th Street.
    On Monday, July 26, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding a Comprehensive Plan amendment proposal submitted by the Puget Neighborhood Association.

Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
PLEDGE OF ALLEGIANCE
Led by Janice Keller.
ROLL CALL
Stan Snapp, excused; Terry Bornemann, late arrival.
APPROVAL OF MINUTES
JW / BB moved approval of the June 9, 2010 minutes of the regular Council Meeting as corrected. MOTION CARRIED 4-0-2, Snapp Excused; Bornemann late arrival.
APPROVED
15-MINUTE PUBLIC COMMENT PERIOD


Council Member Buchanan arrived at Chambers.
PRESENTATION
AB18890 1. PRESENTATION OF ESSENCE OF BELLINGHAM PHOTO COMPETITION AWARDS
Information only.
INFO ONLY
PUBLIC HEARINGS
AB18891 CB 13625
1. RE: A CITY INITIATED REZONE OF AREA 17B, GUIDE MERIDIAN/CORDATA NEIGHBORHOOD TO ALLOW ALL OFFICE USES DEFINED IN BMC 20.08.020 O(1)

AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO THE BELLINGHAM MUNICIPAL CODE, TITLE 20, LAND USE AND DEVELOPMENT CODE, ZONING APPENDIX, GUIDE MERIDIAN/CORDATA NEIGHBORHOOD TABLE OF ZONING REGULATIONS FOR AREA 17B TO ALLOW OFFICES AS DEFINED IN BELLINGHAM MUNICIPAL CODE 20.08.020 O. (1).”
Public hearing held.
TB / ML moved approval for first and second reading. MOTION CARRIED 6-0
Public hearing held.
CB 13625
APPROVED
TRANSPORTATION
MEMBERS: CHAIR, JACK WEISS; STAN SNAPP; MICHAEL LILLIQUIST
AB18862 Resolution #2010-20
1. RESOLUTION TO ADOPT THE 2011-2016 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
JW / ML moved to amend the project status description in Project 14 to “Project feasibility will be completed prior to the adoption of the 2012 TIP; is being studied to determine physical space available, environmental issues, construction challenges, and possible combination of on- and off-street bike/pedestrian paths.” MOTION FAILED 3-3, SF, TB, GK opposed.

TB / SF moved final approval of resolution. MOTION FAILED 3-3, GK, JW, BB opposed.

TB / SF moved to reconsider the Project 14 amendment motion. MOTION CARRIED 5-1, GK opposed.

JW / ML moved final approval of Resolution #2010-20 with Project 14 of the Six-Year (2011-2016) TTP amended. MOTION CARRIED 4-2, BB, GK opposed.
Res. 2010-20
APPROVED /TIP AMENDED
AB18883 CB 13626
2. RE: ESTABLISHMENT OF A CITY-WIDE TRANSPORTATION BENEFIT DISTRICT [TBD] FOR THE PURPOSE OF FUNDING SPECIFIC PROJECTS IDENTIFIED IN THE CITY’S 2011-2016 TRANSPORTATION IMPROVEMENT PROGRAM; FUNDING TO BE PROVIDED BY A VOTER APPROVED 0.2% SALES AND USE TAX INCREASE

AN ORDINANCE ESTABLISHING A TRANSPORTATION BENEFIT DISTRICT; SPECIFYING THAT THE BOUNDARIES OF THE DISTRICT WILL COINCIDE WITH CITY BOUNDARIES; AND SPECIFYING THE TRANSPORTATION IMPROVEMENTS TO BE FUNDED BY THE DISTRICT.”
Public hearing held.
Council directed staff to schedule a worksession on July 12, 2010.
TB / SF moved approval for first and second reading. MOTION CARRIED 4-2, GK, BB opposed.


BREAK
Council President Knutson called the meeting back to order at 9:07 p.m.
Public hearing held.
Direction to staff &
CB 13626
APPROVED
PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: CHAIR, BARRY BUCHANAN; STAN SNAPP; JACK WEISS
AB18892 CB 13627
1. ORDINANCE FOR THE APPROPRIATION OF $232,850 IN GRANT FUNDS FOR THE PURPOSE OF PURCHASING A SHARED HIGH-EFFICIENCY STREET SWEEPER

AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A WASHINGTON STATE DEPARTMENT OF ECOLOGY GRANT AND APPROPRIATING AN ADDITIONAL $232,850.00 OF EXPENDITURES IN THE STORM & SURFACE WATER UTILITY FUND.”
BB / JW moved approval for first and second reading. MOTION CARRIED 6-0.
CB 13627
APPROVED
AB18893 2. BID REJECTION – SERVICE BODY AND CRANE, BID NO. 15B-2010
BB / JW moved to reject Bid #15B-2010 and directed staff to re-bid the project. MOTION CARRIED 6-0.
BID REJECTED; PROJECT TO BE RE-BID; MOTION APPROVED
PARKS AND RECREATION
MEMBERS: CHAIR, SETH FLEETWOOD; TERRY BORNEMANN; STAN SNAPP
AB18894 1. BOULEVARD PARK PATTLE POINT TRESTLE RENOVATION, #20B-2010 BID AWARD

SF / ML moved to award Bid No. 20B-2010 for Boulevard Park Pattle Point Trestle Renovation to Razz Construction, Inc. 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 $614,760.00 which does not include WSST. MOTION CARRIED 6-0.

APPROVED
TRANSPORTATION [Moved to follow first public hearing]
PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: CHAIR, TERRY BORNEMANN; SETH FLEETWOOD; MICHAEL LILLIQUIST; JACK WEISS
AB18686 1. DISCUSSION RE GUIDELINES FOR AN INCENTIVE ZONING ORDINANCE
TB / ML moved to direct staff to develop an ordinance based on the guidelines developed by the Planning & Community Development Committee. MOTION CARRIED 6-0.
DIRECTION TO STAFF
COMMITTEE OF THE WHOLE
CHAIR, GENE KNUTSON
AB18895 1. UPDATE ON WHATCOM COUNTY’S 10-YEAR PLAN TO END HOMELESSNESS
Information only.
INFO ONLY
AB18896 2. REPORT RE BELLINGHAM PUBLIC LIBRARY
Information only.
INFO ONLY
AB18897 3. PRESENTATION RE EMPLOYEE BENEFITS
Information only.
INFO ONLY
AB18898 CB 13628
4. CLOSED RECORD HEARING AND CONSIDERATION OF AN ORDINANCE FOR THE VACATION OF PORTIONS OF LAFAYETTE AND W. INDIANA STREETS, AREA 14, BIRCHWOOD NEIGHBORHOOD

Council President Knutson reported that the council voted unanimously during the Closed Record Hearing to adopt the Hearing Examiner’s Findings of Fact, Conclusions of Law and Recommendation approving the proposed street vacation with conditions. The council also voted unanimously to accept staff’s recommendation to accept the construction of permanently affordable housing units and the dedication and construction of a public access trail as adequate compensation for the street vacation.

“AN ORDINANCE RELATING TO THE VACATION OF THOSE PORTIONS OF THE LAFAYETTE STREET RIGHT-OF-WAY ABUTTING LOTS 1-10, BLOCK 10 ELDRIDGE’S 2ND ADDITION TO BELLINGHAM AND THOSE PORTIONS OF W. INDIANA STREET RIGHT-OF-WAY ABUTTING LOTS 1-4 OF THE HARRID PACK SHORT PLAT AND LOT 11, BLOCK 10, ELDRIDGE’S 2ND ADDITION TO BELLINGHAM.”

ML / TB moved approval for first and second reading. MOTION CARRIED 6-0.
CB 13628
APPROVED
          5. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
None submitted at evening meeting.
          6. OLD/NEW BUSINESS
None presented.
EXECUTIVE SESSION - Report only
1. LITIGATION: State of Washington v. Port of Bellingham et al.: Staff provided an update on this matter. Information only. No action taken.NO ACTION
2. LITIGATION: Skeers v. City of Bellingham: Staff provided information on the terms of a settlement agreement with Skeers Construction.
BB / JW moved to authorize the Mayor to enter into a settlement agreement. The terms of the agreement provide for credit for Park Impact Fees for the Hannah Creek Subdivision. MOTION CARRIED 6-0.
APPROVED
3. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. Information only. No action taken.NO ACTION
4. POTENTIAL LITIGATION: Staff provided information on a potential litigation matter.
JW / TB moved to authorize staff to initiate legal proceedings challenging the Washington State Department of Revenue excise tax advisory relating to whether or not British Columbia residents are subject to the state’s retail sales tax or are exempt pursuant to RCW 82.08.0273. MOTION CARRIED 6-0.
APPROVED
5. POTENTIAL LITIGATION: Staff provided an update on a potential litigation matter.
TB / BB moved to authorize the Mayor to enter into the Removal and Access Agreement for Little Squalicum Creek with The Oeser Company. MOTION CARRIED 6-0.
    MAYOR’S REPORT
            1. STANDING TIME FOR BRIEFINGS, UPDATES AND REPORTS TO COUNCIL BY THE MAYOR, IF NEEDED. INFORMATION ONLY.
    AB18899 2. MAYOR’S REAPPOINTMENT OF JAMES TALBOT TO THE HISTORIC PRESERVATION
    TB / ML moved to authorize the Mayor’s reappointment of James Talbot to the Historic Preservation Commission, term ending June 30, 2013. MOTION CARRIED 6-0.
    APPROVED
    AB18900 3. MAYOR’S REAPPOINTMENT OF SCOT BARG TO THE BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY [BPDA]
    ML / TB moved to authorize the Mayor’s reappointment of Scot Barg to the Bellingham Public Development Authority (BPDA), term expiring July 21, 2013. MOTION CARRIED 6-0.
    APPROVED
    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. Committee review has taken place during the afternoon session on most of these items. A member of the Council may ask that an item be removed from the Consent Agenda and considered separately.
    AB18901 Resolution #2010-21
    1. RESOLUTION TO SET A PUBLIC HEARING BEFORE THE HEARING EXAMINER FOR JULY 28, 2010 FOR VACATION OF THE NORTHERN PORTION OF COWGILL AVENUE BETWEEN 19TH AND 20TH STREETS

    A RESOLUTION FIXING THE TIME FOR A PUBLIC HEARING ON THE PROPOSED VACATION OF THE NORTHERN HALF OF COWGILL AVENUE ABUTTING BLOCK 147, PLAT OF FAIRHAVEN LAND COMPANY’S SECOND ADDITION TO FAIRHAVEN.”
    Res. #2010-21
    (Consent Agenda)
    AB18902 CB 13629
    2. AN ORDINANCE FOR A BUDGET AMENDMENT FOR THE RECEIPT AND SPENDING OF A $349.384 GRANT FROM THE ENVIRONMENTAL PROTECTION AGENCY FOR THE COMMUNITY ENERGY CHALLENGE

    AN ORDINANCE RELATING TO THE 2010 GENERAL FUND BUDGET RECOGNIZING RECEIPT OF A $349,384.00 CLIMATE SHOWCASE COMMUNITIES GRANT FROM THE ENVIRONMENTAL PROTECTION AGENCY, APPROPRIATING RELATED EXPENDITURES IN THE PLANNING DEPARTMENT AND PLACING A $21,186.00 LABOR REIMBURSEMENT IN ESTIMATED ENDING UNDESIGNATED RESERVES.”

    CB 13629
    (Consent Agenda)
    AB18903 3. BID AWARD FOR 25TH AND BILL MCDONALD PARKWAY INTERSECTION IMPROVEMENTS, PROJECT NO. ES-0358, BID NO. 37B-2010(Consent Agenda)
    AB18904 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM MAY 28, 2010 TO JUNE 4, 2010(Consent Agenda)
    AB18905 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JUNE 4, 2010 TO JUNE 11, 2010(Consent Agenda)
    AB18906 6. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM MAY 15, 2010 TO MAY 31, 2010

    JW / BB moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0.
    CONSENT AGENDA APPROVED IN ITS ENTIRETY
    FINAL CONSIDERATION OF ORDINANCES
    AB18876 1. CB 13622
    AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING AN ADDITIONAL $300,000.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE CLAIMS AND LITIGATION FUND TO BE USED FOR UNANTICIPATED COSTS IN THE LEGAL DEPARTMENT

    ML / TB 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, BUCHANAN, FLEETWOOD, KNUTSON, LILLIQUIST, WEISS
    NAYS:
    ABSTENTIONS:
    EXCUSED: SNAPP

    MOTION CARRIED 6-0 and was thereafter named Ordinance #2010-06-037
    Ord. 2010-06-037
    APPROVED
    AB18878 2. CB 13623
    AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 17.20 TO ADOPT BY REFERENCE THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE


    TB / ML 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, BUCHANAN, FLEETWOOD, KNUTSON, LILLIQUIST, WEISS
    NAYS:
    ABSTENTIONS:
    EXCUSED: SNAPP

    MOTION CARRIED 6-0 and was thereafter named Ordinance #2010-06-038
    Ord. 2010-06-038
    APPROVED
    AB18882 3. CB 13624
    AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A WASHINGTON STATE DEPARTMENT OF TRANSPORTATION GRANT AND APPROPRIATING AN ADDITIONAL $200,000.00 OF EXPENDITURES IN THE STREET FUND

    TB / JW 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, BUCHANAN, FLEETWOOD, KNUTSON, LILLIQUIST, WEISS
    NAYS:
    ABSTENTIONS:
    EXCUSED: SNAPP

    MOTION CARRIED 6-0 and was thereafter named Ordinance #2010-06-039
    Ord. 2010-06-039
    APPROVED
    ADJOURNMENT
    There being no further business, the meeting was adjourned at 9:26 p.m.


    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.
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