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CITY COUNCIL AGENDA FOLLOW UP: February 27, 2012

Call to Order
Announcements & Upcoming Meetings:
    On Friday, February 24, 8:00 AM to 5:00 PM there will be a Special Executive Session of the Council to conduct interviews of candidates for City Attorney. Executive Sessions are not open to the public.
    On Monday, February 27, 10:00 AM to 12:00 PM, in the Mayor’s Board Room, there will be a special worksession of City Council for the purpose of work planning.
    On Monday, March 12, 7:00 PM in City Council Chambers, there will be two Public Hearings held simultaneously regarding: (1) a comprehensive plan amendment/rezone request, and (2) consideration of a development agreement, both for the Padden Trails development project.
    On Wednesday, March 21, 6:00 PM in City Council Chambers, there will be the annual Joint City of Bellingham & Whatcom County Councils and Lake Whatcom Water and Sewer District meeting.

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
SNAPP / KNUTSON moved approval of the February 13, 2012 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0.
APPROVED
15-Minute Public Comment Period


Presentation
AB19468 1. Resolution honoring Joan Hoisington for her service

A RESOLUTION OF THE CITY COUNCIL HONORING JOAN HOISINGTON FOR HER OUTSTANDING CONTRIBUTIONS TO THE CITY AND CITIZENS OF BELLINGHAM.”

KNUTSON / LILLIQUIST moved final approval of Resolution #2012-02. MOTION CARRIED 7-0.
Res. 2012-02
APPROVED
Council Standing Committees
Transportation
Cathy Lehman, Chair
Jack Weiss; Gene Knutson
AB19469 1. Greenroads™ Award presentation and opportunities
Information only.
Information only.
AB19470 2. Update on Northwest/Elm/Dupont bike lane project
LEHMAN / LILLIQUIST noted council’s concurrence with this project and directed staff to proceed with the project. MOTION CARRIED 7-0.
DIRECTION TO STAFF
Public Works / Public Safety
Stan Snapp, Chair
Seth Fleetwood; Gene Knutson
AB19395 1. Potential Expansion of Space for the Bellingham Railway Museum (Parkade) and separate proposal to lease space at Parkade for a 200 seat theatre
SNAPP / KNUTSON moved to direct staff to postpone further consideration until June, 2012. MOTION CARRIED 7-0
DIRECTION TO STAFF; Postponed to June 2012
AB19471 2. Mandatory water meter installation - Implementation and Communication Plan
SNAPP/ KNUTSON moved to direct staff to proceed with development of this proposal. MOTION CARRIED 7-0.
DIRECTION TO STAFF
AB19472 3. Wastewater In-flow and Infiltration (I&I) Program update

Information only.
Information only.
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

Council Member Lilliquist noted that he had received council support to request the state legislature to include Western Washington University in a budget proposal granting universities funding, for emphasis on science and engineering training.

Council President Bornemann recognized Finance Director John Carter’s efforts in the success of the refunding bonds, which will save the city approximately $1.3 million.

Council Member Snapp noted an article in The Bellingham Herald regarding the sale of KVOS, a local TV Channel and suggested the city notify the FCC, asking that KVOS retain a local presence.
EXECUTIVE SESSION - Report and action only.
1. Litigation: Whitworth Park LLC v. City of Bellingham: Staff provided an update on the status of a lawsuit filed by Whitworth Park, LLC in which it claimed that delay in processing its applications for a rezone, preliminary plat and wetland stream permit for a proposed 41 unit subdivision resulted in delay damages. These applications were submitted back in 2005 and were primarily processed by a former City employee.

While not in agreement with the claims, staff is recommending settlement of the lawsuit for business reasons: extensive staff resources needed, attorney fees and expenses, and the uncertain outcome of litigation.

LILLIQUIST / KNUTSON moved to authorize the City to enter into a settlement agreement under the following terms as full and final resolution of all issues, claims and causes of action raised in Plaintiff’s Complaint against the City.
    The City pay Whitworth Park, LLC $350,000.00 within 45 days; and
    The City Council consider a development agreement within 45 days which vests all permits necessary for the project for 7 years from the date of preliminary plat approval and requires the City to review and process all additional permits and approvals for the project as expeditiously as possible under the City’s regulations.
MOTION CARRIED 7-0.
APPROVED
2. Litigation: Whatcom County v. Western Washington Growth Management Hearings Board, et al:Staff provided an update on the five appeals filed in Whatcom County Superior Court challenging the Growth Board’s decision regarding Whatcom County’s Rural Element Update. Council provided direction. No action taken.
NO ACTION
Mayor’s Report
          1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.

Mayor Linville shared the plaque the City has received for the Greenroads Award.
AB19473 2. Mayor’s appointment of Jody Finnegan to the Tourism Commission
Information only.
Information only.
AB19481 3. Mayor’s appointment of David Jefferson to the Lake Whatcom Watershed Advisory Board
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.
AB 19475, item 2 of the Consent Agenda: Council Member Weiss asked that the item be removed from the Consent Agenda for separate consideration.
AB19474 1. Budget Ordinance to allow for receipt and spending of grant funds from Washington Association of Sheriffs and Police Chiefs totaling $6,500.

“AN ORDINANCE RELATING TO THE 2012 BUDGET RECOGNIZING A $6,550.00 GRANT FROM THE WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS TO THE BELLINGHAM POLICE DEPARTMENT AND APPROPRIATING RELATED EXPENDITURES IN THE GENERAL FUND.”
1st & 2nd
(Consent Agenda)
AB19476 3. Interlocal Agreement between the City and the Port of Bellingham for mutual use of facilities.(Consent Agenda)
AB19477 4. Bid award for spare parts for lift stations, Bid # 11B-2012(Consent Agenda)
AB19478 5. Authorization of check issue for accounts payable from January 27, 2012 to February 2, 2012(Consent Agenda)
AB19479 6. Authorization of check issue for accounts payable from February 3, 2012 to February 9, 2012(Consent Agenda)
AB19480 7. Authorization of check issue for payroll from January 26, 2012 to February 10, 2012

KNUTSON / SNAPP moved to approve the Consent Agenda in its’ entirety. MOTION CARRIED 7-0.
CONSENT AGENDA APPROVED IN ITS’ ENTIRETY
AB19475 2. Resolution to set a public hearing date of April 11, 2012 before the Hearing Examiner for a vacation petition for the Rimland Drive right of way.

A RESOLUTION FIXING THE TIME FOR A PUBLIC HEARING ON A PROPOSED STREET VACATION FOR RIMLAND DRIVE, GENERALLY BETWEEN WOBURN STREET AND BARKLEY BOULEVARD.”
WEISS / LILLIQUIST moved final approval of Resolution #2012.03. MOTION CARRIED 7-0.
Res. 2012-03
APPROVED
Final Consideration Of Ordinances
AB18851 1. AN ORDINANCE RELATING TO THE 2012 BUDGET RECOGNIZING THE RETURN OF $250,000.00 OF FEDERAL ENERGY EFFICIENCY CONSERVATION BLOCK GRANT FUNDS AND APPROPRIATING RELATED EXPENDITURES IN THE GENERAL FUND.

WEISS / 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 #2012-02-004
Ord. 2012-02-004
APPROVED
AB19235 2. AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 15.08.250 RELATING TO WATER USE RATES AND INCREASING THE RATE TO FUND PROPERTY ACQUISITION, OTHER LAND PRESERVATION MEASURES AND STORMWATER POLLUTION CONTROL PROJECTS IN THE LAKE WHATCOM WATERSHED

An amendment was approved during committee to delete from Section 15.08.250.H.2., second sentence “A minimum of”; and replace “shall” with “may”.

FLEETWOOD / SNAPP moved approval for third and final reading as amended. Upon motion, said bill was placed on final passage and approved by the following roll call vote:

AYES: FLEETWOOD, LEHMAN, LILLIQUIST, SNAPP, WEISS
NAYS: BORNEMANN, KNUTSON
ABSTENTIONS:

MOTION CARRIED 5-2 and was thereafter named Ordinance #2012-02-005
Ord. 2012-02-005
APPROVED AS AMENDED
AB19453 3. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $3,550,000 TO REFUND CERTAIN OUTSTANDING WATER AND SEWER REVENUE BONDS AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; APPROVING AN ESCROW DEPOSIT AGREEMENT; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS

LILLIQUIST / 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 #2012-02-006
Ord. 2012-02-006
APPROVED
AB19454 4. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, PROVIDING FOR THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $15,430,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS AND TO PAY COSTS OF ISSUING THE BONDS: PROVIDING THE FORM AND TERMS OF THE BONDS; APPROVING AN ESCROW DEPOSIT AGREEMENT; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS

LILLIQUIST / 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 #2012-02-007

Ord. 2012-02-007
APPROVED
AB19457 5. AN ORDINANCE RELATING TO THE 2012 BUDGET RECOGNIZING $600,000.00 IN ADDITIONAL REVENUE FROM AN INTERLOCAL AGREEMENT BETWEEN THE PORT OF BELLINGHAM, WHATCOM COUNTY, AND THE BELLINGHAM PUBLIC WORKS DEPARTMENT TO PROVIDE ADDITIONAL FUNDING FOR SAFETY IMPROVEMENTS TO THE WEST BAKERVIEW OVERPASS AND APPROPRIATING RELATED EXPENDITURES IN THE STREET FUND. (ES-462)

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 #2012-02-008

Ord. 2012-02-008
APPROVED
AB19459 6. AN ORDINANCE RELATING TO THE 2012 BUDGET RECOGNIZING AWARD OF A $300,000.00 WHATCOM COUNTY ECONOMIC DEVELOPMENT INVESTMENT (EDI) GRANT AND $350,000.00 IN ADDITIONAL REVENUE FROM A WHATCOM COUNTY EDI INTERGOVERNMENTAL LOAN TO THE BELLINGHAM PUBLIC WORKS DEPARTMENT TO PROVIDE FOR SAFETY IMPROVEMENTS TO THE WEST BAKERVIEW OVERPASS, AND APPROPRIATING RELATED EXPENDITURES IN THE STREET FUND. (ES-462)

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 #2012-02-009
Ord. 2012-02-009
APPROVED
AB19460 7. AN ORDINANCE RELATING TO THE 2012 BUDGET RECOGNIZING AWARD OF A $1,500,000.00 GRANT FROM THE WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD TO THE BELLINGHAM PUBLIC WORKS DEPARTMENT TO PROVIDE FOR SAFETY IMPROVEMENTS TO THE WEST BAKERVIEW OVERPASS, AND APPROPRIATING RELATED EXPENDITURES IN THE STREET FUND (ES-462)

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 #2012-02-010
Ord. 2012-02-010
APPROVED
Adjournment
There being no further business, the meeting adjourned at 8:01 p.m.
Next City Council Meeting
Monday, March 12, 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.
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