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CITY COUNCIL AGENDA FOLLOW UP: November 19, 2012

Call to Order
Announcements & Upcoming Meetings:
    On Monday, November 19, @ 3:00 PM, or as soon as possible thereafter, in the Mayor's Board Room, there will be a worksession to discuss the 2013 Budget regarding the Public Development Authority, Capital Facilities and the Legislative Department.

Please note that the 2013 City Budget presented for Public Hearing at the Regular Meeting on this agenda includes the increase in property tax revenue related to the Low Income Housing Levy approved by the voters in the November General Election for citizen input.

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
KNUTSON / SNAPP moved approval of the October 22, 2012 and November 5, 2012 minutes of the regular City Council meetings as submitted. MOTION CARRIED 7-0.
APPROVED
15-Minute Public Comment Period

Public Hearing
AB19730 1. Water, Sewer and Stormwater Utility Rates

Public hearing held / No citizens spoke.
Information only.
Public hearing held.
Information only.
AB19700 2. City of Bellingham's 2013 Budget
(Includes property tax increase related to Low Income Housing Levy)

Public hearing held. Written comments will be accepted through December 3, 2012.
Information only.
Public hearing held. Written comments accepted through 12/3/12.
Information only.
Council Standing Committee Meetings:
Finance and Personnel
Michael Lilliquist, Chair
Cathy Lehman; Stan Snapp
WEISS / KNUTSON moved to close the September 24, 2012 Public Hearing on City of Bellingham 2013 & 2014 Revenue projections. MOTION CARRIED 7-0.

9/24 PH closed.
AB19731 1. 2013 Property Tax Ordinance

AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON RELATING TO THE LEVYING OF TAXES AND ESTABLISHING THE AMOUNT TO BE RAISED IN 2013 ON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY.”

LILLIQUIST moved approval for first and second reading.
LILLIQUIST withdrew motion.

To a point of order, AB 19701 was moved to this point in the meeting.

AB19701 3. Housing Levy Administrative and Financial Plan

A RESOLUTION ADOPTING 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.”

LILLIQUIST / SNAPP moved final approval of Resolution #2012-31.
WEISS / LILLIQUIST moved to amend the Housing Levy Administrative and Financing Plan, attached to the resolution by replacing paragraph 1 of the Reporting Section (page 6 of the report) with the following:

“The Planning and Community Development Department will provide an annual program progress and performance report to the Mayor and City Council each year. Draft and final reports will be widely circulated to citizens and stakeholders interested in affordable housing and use of the housing levy proceeds, including the Community Development Advisory Board (CDAB) and Mayor appointed housing stakeholders.”

MOTION CARRIED 7-0.
MAIN MOTION CARRIED 7-0.
Res. 2012-31 APPROVED AS AMENDED
AB19731(res)2.

Council Member Lilliquist read the title and first four paragraphs into the record noting that the remainder of the resolution is copied verbatim from the proposed ordinance (AB 19732).

A RESOLUTION CERTIFYING THE CITY OF BELLINGHAM'S ESTIMATED PROPERTY TAX LEVY FOR THE 2013 BUDGET TO BE FILED WITH THE CLERK OF THE THE COUNTY LEGISLATIVE AUTHORITY.

WHEREAS, the Revised Code of Washington (RCW) 84.52.020 states that it shall be the duty of the city council to certify to the county legislative authority, for the purpose of levying district taxes, budgets or estimates of the amounts to be raised by taxation on the assessed valuation of the property in the city; and

WHEREAS, RCW 84.52.020 requires this certification to be filed with the clerk of the county legislative authority on or before the thirtieth day of November.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELLINGHAM:

The City Council approves and certifies the following as the City of Bellingham’s estimated 2013 tax levy request to be filed with the clerk of the county legislative authority. [remainder of resolution is verbatim from ordinance as described

LILLIQUIST / KNUTSON moved final approval of Resolution #2012-32. MOTION CARRIED
Res. 2012-32 APPROVED
AB19731 (ord) 1. 2013 Property Tax Ordinance

AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON RELATING TO THE LEVYING OF TAXES AND ESTABLISHING THE AMOUNT TO BE RAISED IN 2013 ON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY.”

LILLIQUIST / SNAPP moved approval for first and second reading. MOTION CARRIED 7-0.
AB19701 2. Moved to precede AB 19731 (res).
AB19732 3. An Ordinance for Budget Appropriation of $200,000 from Police Department General Fund to the Criminal Justice Fund.

AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING AN ADDITIONAL $200,000.00 IN THE POLICE DEPARTMENT GENERAL FUND TO COVER HIGHER THAN ANTICIPATED COSTS FOR GASOLINE FOR THE PATROL DIVISION AND INCREASED INTERGOVERNMENTAL EXPENDITURES FOR THE JAIL, FROM A TRANSFER OF UP TO $200,000.00 FROM THE CRIMINAL JUSTICE FUND.”

LILLIQUIST / SNAPP moved approval for first and second reading. MOTION CARRIED 7-0.
1st & 2nd APPROVED
AB19733 4. An Ordinance for Budget appropriation request for $350,000.00 from the Warehouse Reserve Fund

AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING AN ADDITIONAL $350,000.00 IN PUBLIC WORKS FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE PURCHASING AND MATERIALS MANAGEMENT FUND TO PROVIDE FOR THE PURCHASE OF WATER METERS.”

LILLIQUIST / SNAPP moved approval for first and second reading. MOTION CARRIED 7-0.
1st & 2nd APPROVED
Council President Bornemann recused himself from the chair. Council President Pro Tem Seth Fleetwood assumed the chair.
AB19734 5. Authorization of payment of employer contributions and interest to the Public Employee Retirement System for retroactive service credit for City Council Members

LILLIQUIST / KNUTSON moved to authorize payment to the Public Employee Retirement System for retroactive service credit for City Council members. MOTION CARRIED 5-1-0, WEISS abstained. (BORNEMANN recused from vote.)
APPROVED
AB19735 6. An Ordinance amending the 2012 Budget to transfer $6,610 from estimated ending reserved in the General Fund to the Legislative Department for payment of prior retirement credits for a City Council Member

“AN ORDINANCE RELATING TO THE 2012 BUDGET APPROPRIATING AN ADDITIONAL $6,610.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE GENERAL FUND TO PROVIDE FOR PAYMENT OF PRIOR RETIREMENT CREDITS FOR A CITY COUNCIL MEMBER.”

LILLIQUIST / KNUTSON moved approval for first and second reading. MOTION CARRIED 5-1-0, WEISS abstained. (BORNEMANN recused from vote.)
1st & 2nd APPROVED
Council President Bornemann resumed the chair.
Planning and Community Development:
Jack Weiss, Chair
Michael Lilliquist; Cathy Lehman; Seth Fleetwood
AB19736 1. An Interlocal Agreement with Whatcom County concerning the Comprehensive Plan Update project and Population Growth Forecasts

WEISS / KNUTSON moved to authorize the Mayor to enter into an Interlocal Agreement with Whatcom County and the cities of Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack and Sumas concerning cost sharing for planning studies associated with the Comprehensive Plan update and UGA review. MOTION CARRIED 7-0.
APPROVED
Transportation
Cathy Lehman, Chair
Jack Weiss; Gene Knutson
AB19737 1. Washington State Department of Transportation - Meridian Street

Information only.
Information only.
AB19738 2. James Street Road Bridge Replacement, ER-0009 - Impacts to Sunset Pond Park

Information only.
Information only.
Committee Of The Whole
Terry Bornemann, Chair
Jack Weiss, Gene Knutson, Cathy Lehman, Stan Snapp, Michael Lilliquist, Seth Fleetwood
AB19739 1. Environmental Impact Statement Scoping Request for the Gateway Pacific Terminal project

Mayor Linville and staff will incorporate revisions directed by council and bring back for council consideration on December 3, 2012. [Editor's note: staff confirmed council consideration will be on December 10th as discussed during committee.)
DIRECTION TO STAFF
          2. Approval of City Council Committee and/or Special Meeting minutes
None submitted at evening meeting.
          3. Old/New business

Council Member Knutson reported that Council Members Snapp and Weiss will attend a the Professional & Technical Writing class at Western Washington University on November 27, 2012 regarding positive intervention for City of Bellingham proposals.
Executive Session - Report and action only.
1. Potential Property Acquisition (Stamps): Staff provided information on a potential property acquisition. Direction given. No action taken.NO ACTION
2. Potential Litigation (Kraham): Staff provided information on a potential litigation matter. Information only. No action taken.NO ACTION
3. Potential Litigation/Potential Property Acquisition: Staff provided information on a potential litigation matter/potential property acquisition. Information only. No action taken.NO ACTION
4. Potential Litigation: Staff provided information on a potential litigation matter. Information only. 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 will request a presentation of a brief overview of buildings of historical significance in downtown Bellingham.

    Mayor Linville reported that staff is working hard on waterfront planning with the Port of Bellingham. Links are available on the City and Port’s web sites.

    Mayor Linville reported that she and County Executive Jack Louws are proceeding in directing staff in negotiating the administrative agreement for EMS negotiations.
    AB19740 2. Mayor's appointment of Ted Rosen to the Greenway Advisory Committee for Council's approval.

    LILLIQUIST / KNUTSON moved to approve the Mayor’s appointment of Ted Rosen to the Greenway Advisory Committee, term ending November 19, 2015. MOTION CARRIED 7-0.


    Ted Carlson, Public Works Director will provide a status report regarding the Bloedel boat launch and progress of operational changes on December 10th or early in the new year.
    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. A member of the Council may ask that an item be removed from the Consent Agenda and considered separately.
    AB19725 1. Front-End Loader Bid Award, Bid # 55B-2012(Consent Agenda)
    AB19741 2. Authorization for the Mayor to enter into an agreement with the Department of Ecology for Grant #G1200579, Water Quality for Padden Creek Estuary(Consent Agenda)
    AB19742 3. Authorization for the Mayor to enter into an agreement with the Department of Ecology for Grant #G1200580,Towards Net Zero Water(Consent Agenda)
    AB19743 4. Authorization for the Mayor to enter into an agreement with the Department of Ecology for Grant #G1200581, Lake Whatcom Right-of-Way Retrofits(Consent Agenda)
    AB19744 5. Authorization for the Mayor to enter into an agreement with the Department of Ecology for Grant #G1200582, Vactor Transfer Facility Expansion(Consent Agenda)
    AB19745 6. Authorization for the Mayor to enter into an agreement with the Department of Ecology for Grant #G1200583, Stormwater Retrofits for Bloedel Donovan Park(Consent Agenda)
    AB19746 7. Authorization for the Mayor to enter into an agreement with the Department of Ecology for Grant #G1200584, Central Business District Raingarden Retrofits(Consent Agenda)
    AB19747 8. Authorization of checks issued for pay period October 28, 2012 through November 3, 2012(Consent Agenda)
    AB19748 9. Authorization of checks issued for payroll October 26, 2012 through November 9, 2012

    KNUTSON / WEISS moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0.
    CONSENT AGENDA APPROVED IN ITS ENTIRETY
    Final Consideration of Ordinances
    AB19721 1. AN ORDINANCE RELATING TO LAND USE AND EXTENDING THE EXPIRATION DATE OF BELLINGHAM MUNICIPAL CODE CHAPTER 20.27, A DEMONSTRATION PROGRAM FOR INNOVATIVE PERMANENTLY AFFORDABLE HOMEOWNERSHIP PROJECTS

    KNUTSON / WEISS 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 #2012-11-049
    Ord. 2012-11-049 APPROVED
    Adjournment
    There being no further business, the meeting adjourned at 10:10 p.m.
    Next City Council Meeting
    Monday, December 3, 2012
    Deadline to submit material for the public hearing for
    inclusion in the published agenda packet:
    Wednesday, November 28, 2012; 10 AM


    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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