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CITY COUNCIL AGENDA FOLLOW UP: May 13, 2013

Call to Order
Announcements & Upcoming Meetings:
    On Monday, May 20, at 7:00 PM, in City Council Chambers, there will be a public hearing to consider The 2014-2019 Six-Year Transportation Improvement Program
    On Monday, May 20, at 7:00 PM, in City Council Chambers, there will be a public hearing to consider a Development Agreement between Green Valley Holdings, LLC, Aldrich Park, LLC, and the City of Bellingham regarding the West Cordata Green planned 344-unit development located on both sides of June Road in Area 12 of the Cordata Neighborhood.

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

Led by Julie Fleetwood.
Roll Call

Council Member Knutson excused.
Approval Of Minutes

SNAPP / WEISS moved approval of the April 22, 2013 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0.
APPROVED
15-Minute Public Comment Period

Public Hearing(s)
AB19956 1. Fountain District Urban Village Code Amendment

AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE (BMC) 20.37.230 FOUNTAIN DISTRICT URBAN VILLAGE - DEVELOPMENT INCREASING THE .6 FAR (FLOOR AREA RATIO LIMIT TO 1.5 FAR FOR PROPERTIES THAT FRONT DUPONT STREET BETWEEN BROADWAY AND I STREETS.”

Public hearing held.
LEHMAN / BORNEMANN moved approval for first and second reading. MOTION CARRIED 6-0.
Public hearing held.
1st & 2nd APPROVED
AB19957 2. Pacific Highway Aldrich Road annexation consisting of approximately 262.5 acres located within the City's Northern Urban Growth Area

Public hearing held.
BORNEMANN / SNAPP moved to direct staff to continue to a worksession of the Committee of the Whole on June 3, 2013 or as soon as possible thereafter. MOTION CARRIED 6-0.
Public hearing held.
DIRECTION TO STAFF
Planning and Community Development
Jack Weiss, Chair
Michael Lilliquist; Gene Knutson
AB19958 1. Council update on 2012 Housing Levy Programs

Information only.
Information only.
AB19959 2. Amendment to 2012 Housing Levy Administrative and Financial Plan

A RESOLUTION AMENDING THE LOW INCOME HOUSING ADMINISTRATIVE AND FINANCING PLAN REGARDING THE USE AND EXPENDITURE OF HOUSING LEVY FUNDS AUTHORIZED BY THE VOTERS IN PROPOSITION NO. 1, LOW-INCOME HOUSING LEVY.”

WEISS / BORNEMANN moved final approval of Resolution #2013-05. MOTION CARRIED 6-0.
Res. 2013-05 APPROVED
AB19960 3. Request for Amendment to the Cornwall Park Neighborhood Plan for the 2013 annual review docket consideration process

WEISS / BORNEMANN moved to approve adding an application for an amendment to the Cornwall Park Neighborhood Plan to the 2013 annual review docket consideration process. MOTION CARRIED 6-0. [Editor’s Note: this action will add the proposal to the list of Comprehensive Plan amendments to be considered for the 2013-2014 docket.]
APPROVED ADDING TO DOCKET
Finance and Personnel
Michael Lilliquist, Chair
Gene Knutson; Stan Snapp
AB19961 1. Ordinance adding authority of $41,000 to the Municipal Court General Fund budget to employ security services to the front lobby of the Bellingham Municipal Courthouse

“AN ORDINANCE RELATING TO THE 2013 BUDGET APPROPRIATING AN ADDITIONAL $41,000.00 IN THE JUDICIAL SERVICES DEPARTMENT, GENERAL FUND, TO PAY FOR SECURITY SCREENING PERSONNEL AT MUNICIPAL COURT.”

LILLIQUIST / SNAPP moved approval for first and second reading. MOTION CARRIED 6-0.
1st & 2nd APPROVED
AB19962 2. Financial Report - 1st Quarter

Information only.
Information only.
Parks and Recreation
Gene Knutson, Chair
Stan Snapp; Terry Bornemann
AB19963 1. Bid Award for Boulevard Park Shoreline Improvements,
Bid #14B-2013

BORNEMANN / WEISS moved to award Bid No. 14B-2013 for Boulevard Park Shoreline Improvements to P&P Excavating 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 $422,079.38, which includes the base bid, bid alternate 1 and WSST. MOTION CARRIED 6-0.
APPROVED
Waterfront/Downtown Development
Terry Bornemann, Chair
Cathy Lehman; Jack Weiss
AB19964 1. Presentation of parking study for the Downtown Subarea planning process

Information only.
Information only.
Committee Of The Whole
Seth Fleetwood, Chair
Jack Weiss, Gene Knutson, Cathy Lehman, Stan Snapp, Michael Lilliquist, Terry Bornemann
AB19965 1. Bellingham-Whatcom County Commission Against Domestic Violence annual presentation

Information only.
Information only.
AB19966 2. Annual Homeless Service Center report

Information only.
Information only.
AB19967 3. City Performance Measures - 2013 data updates, communications and outreach

Information only.
Information only.
AB19884 4. Memorandum of Understanding between the City of Bellingham and the Bellingham Public Development Authority regarding 2013 deliverables

WEISS / BORNEMANN moved to authorize the Mayor to enter into a Memorandum of Understanding with the Bellingham Public Development Authority (BPDA) regarding 2013 deliverables. MOTION CARRIED 4-1-1, LEHMAN opposed, SNAPP abstained.
APPROVED
AB19918 5. An Ordinance to Amend the Bellingham Comprehensive Plan to add an Economic Development Chapter

Discussion during committee. Council President Fleetwood reported that the discussion would be continued to the Committee of the Whole on June 3, 2013.
Continued to 6/3/13
[Added to agenda]
AB19978 6. Bid award for 2013 Annual Overlay Program (ES-0475), Bid #26B-2013

BORNEMANN / LEHMAN moved to award Bid No. 26B-2013 for 2013 Annual Overlay Program, ES-0475 to Stremler Gravel, Inc. of Lynden, 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 $1,510,872.52, which includes WSST. MOTION CARRIED 6-0.
APPROVED
          7. Approval of City Council Committee and/or Special Meeting minutes

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

Council Member Lehman would like to initiate discussion with regard to renaming a street and asked that staff present the process to the Public Works Committee on June 3, 2013.
DIRECTION TO STAFF
Executive Session - Report and action only.
1. Potential Property Acquisition: Staff provided information on a potential property acquisition. Direction given. No action taken.No action
2. Potential Litigation: Staff provided information on a potential litigation. Direction given. No action taken.
No action
3. Litigation: Herron v. City of Bellingham: Staff provided an update on a litigation matter.

WEISS / BORNEMANN moved to authorize the City to contract with attorney Kris Bundy to associate as counsel with the City in this lawsuit. MOTION CARRIED 6-0.
APPROVED
4. Litigation: Nash v. City of Bellingham, et al.: Staff provided information on a litigation matter. Information only. No action taken.No action
5. Litigation: West Cordata Green Hearing Examiner Appeals - CancelledCancelled
6. Labor Relations Update: Staff provided an update on the ratification of the Fraternal Order of Police (Police Lieutenants) bargaining agreement for 2013-2014.
    WEISS / BORNEMANN moved to approve the agreement with the Fraternal Order of Police with the following terms:

    Term: 2 years

    Wages: 3% June 1, 2013
    2 % January 1, 2014
    Additional
    Items: Longevity Pay, Education Incentive and Management Leave

    Benefits: Continue health insurance premium sharing at non-represented employee rates. Addition of High Deductible Health Plan with Health Savings Account (HDHP/HAS) as a third option.
    MOTION CARRIED 6-0.
    APPROVED
    7. Potential Litigation: Staff provided information on a potential litigation matter. Direction given. 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 addressed the following:
      There will be a Short Course on Local Planning, May 21, 2013, 6:30 p.m. presented by the Washington State Department of Commerce and the City of Bellingham. The course is free and will be filmed on BTV10.
      A Fireworks Ordinance will be introduced on May 20, with first and second vote on June 3 and Final Consideration on June 17, 2013.
      Staff is continuing to monitor the marijuana issues that are evolving at the State level and with the Association of Washington Cities. There is not a clear cut way to address these issues but the work continues.
      Continue to monitor budget issues at the state level along with developments with MTCA Cleanup dollars and the Public Works Trust Fund.
      Roger Christensen has agreed to remain as Interim Fire Chief for one year.
      The Planning and Development Commission will be conducting weekly worksessions with regard to the waterfront and are doing a good job of representing questions from the community. The Administration is discussing the potential of having a community information meeting before council begins to deliberate on the Waterfront Development Plan.
      The Mayor commended the public safety officials involved in the recent death at Whatcom Falls Park.
      Downtown strategies continue to evolve.
      The Administration will discuss the roles of the City and participants with regard to expanding community gardens.
    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.
    AB19968 1. Bid Award for Cornwall Maple Combined Sewer Overflow (CSO) Project, Bid #9B-2013; EU-0161(Consent Agenda)
    AB19969 2. Bid Award for Brass Service and Threaded Fittings, Bid # 23B-2013 (Consent Agenda)
    AB19970 3. Riverside Fire Authority Interlocal Purchasing Agreement(Consent Agenda)
    AB19971 4. Ordinance changing the name of Fund 235 from "Public Works Trust - Street Overlay" to "Governmental Debt Service Fund"

    “AN ORDINANCE RELATING TO THE 2013 BUDGET RENAMING AND EXPANDING THE PURPOSE OF AN EXISTING DEBT SERVICE FUND TO ACCOUNT FOR PRINCIPAL AND INTEREST PAYMENTS FOR GOVERNMENTAL LOANS.”
    1ST & 2ND
    (Consent Agenda)
    AB19972 5. A Budget Ordinance to allow for receipt and spending of $16,012.00 for the Puget Sound Marine Firefighting Grant from FEMA Port Security Grant Program

    AN ORDINANCE RELATING TO THE 2013 BUDGET RECOGNIZING A $12,509.00 FEMA PORT SECURITY GRANT TO PROVIDE FOR LAND BASED MARITIME FIREFIGHTING TRAINING, AND APPROPRIATING RELATED EXPENDITURES IN THE FIRE DEPARTMENT, GENERAL FUND.”
    1ST & 2ND
    (Consent Agenda)
    AB19973 6. Ordinance relating to the 2013 Budget reclassifying one part-time position in the Finance Department.

    AN ORDINANCE RELATING TO THE 2013 BUDGET RECLASSIFYING ONE PART-TIME POSITION IN THE FINANCE DEPARTMENT, GENERAL FUND, WHERE NO ADDITIONAL APPROPRIATION OR REALLOCATION OF FUNDS IS REQUIRED.”
    1ST & 2ND
    (Consent Agenda)
    AB19974 7. Authorization of checks issued for pay period April 12, 2013 through April 18, 2013(Consent Agenda)
    AB19975 8. Authorization of checks issued for pay period April 19, 2013 through April 25, 2013(Consent Agenda)
    AB19976 9. Authorization of checks issued for pay period April 26, 2013 through May 2, 2013(Consent Agenda)
    AB19977 10. Authorization of checks issued for payroll April 11, 2013 through April 25, 2013

    SNAPP / BORNEMANN moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0.
    CONSENT AGENDA APPROVED IN ITS ENTIRETY
    Final Consideration of Ordinances
    AB19917 1. AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO CAPITAL FACILITIES, AMENDING THE CITY'S COMPREHENSIVE PLAN CAPITAL FACILITIES ELEMENT AND 2013 BUDGET TO ADD THE ASB (AERATION STABILIZATION BASIN) TRAIL AS A REET (REAL ESTATE EXCISE TAX) FUNDED PROJECT IN 2013

    SNAPP / BORNEMANN 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, LEHMAN, LILLIQUIST, SNAPP, WEISS
    NAYS:
    ABSTENTIONS:
    EXCUSED: KNUTSON

    MOTION CARRIED 6-0 and was thereafter named Ordinance #2013-05-030
    Ord. 2013-05-030 APPROVED
    AB19947 2. AN ORDINANCE RELATING TO THE 2013 BUDGET REALLOCATING $57,293.00 IN EXPENDITURES IN THE LIBRARY DEPARTMENT TO PROVIDE FOR A REORGANIZATION OF STAFF AND PLACING SAVINGS IN THE AMOUNT OF $15,058.00 IN ESTIMATED ENDING UNDESIGNATED RESERVES IN THE GENERAL FUND

    SNAPP / LEHMAN 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, LEHMAN, LILLIQUIST, SNAPP, WEISS
    NAYS:
    ABSTENTIONS:
    EXCUSED: KNUTSON

    MOTION CARRIED 6-0 and was thereafter named Ordinance #2013-05-031
    Ord. 2013-05-031 APPROVED
    AB19952 3. AN ORDINANCE RELATING TO THE 2013 BUDGET RECLASSIFYING ONE POSITION IN PUBLIC WORKS ADMINISTRATION, STREET FUND, WHERE NO ADDITIONAL APPROPRIATION OR REALLOCATION OF EXPENDITURES IS REQUIRED

    SNAPP / LILLIQUIST 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, LEHMAN, LILLIQUIST, SNAPP, WEISS
    NAYS:
    ABSTENTIONS:
    EXCUSED: KNUTSON

    MOTION CARRIED 6-0 and was thereafter named Ordinance #2013-05-032
    Ord. 2013-05-032 APPROVED
    Adjournment
    There being no further business, the meeting adjourned at 9:02 p.m.
    Next City Council Meeting
    Monday, May 20, 2013


    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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