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CITY COUNCIL AGENDA FOLLOW UP: June 17, 2013

Call to Order
Announcements & Upcoming Meetings:
    On Monday, July 15th, at 7:00 PM, in City Council Chambers, there will be a public hearing regarding five proposed Comprehensive Plan amendments for docketing for review in 2013/2014 located in: Samish, Happy Valley and Cordata Neighborhoods, Meridian, Cornwall Park and South Neighborhoods and a city-wide update to the Parks, Recreation And Open Space Plan.

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

Led by Council President Pro Tem Michael Lilliquist.
Roll Call

Seth Fleetwood excused.
Approval Of Minutes
SNAPP / KNUTSON moved approval of the May 13, 2013 minutes of the regular City Council meeting as submitted. MOTION CARRIED 5-0-1, GK abstained.

LEHMAN / KNUTSON moved approval of the May 20, 2013 and June 3, 2013 minutes of the regular City Council meetings as submitted. MOTION CARRIED 6-0.
APPROVED (3)
15-Minute Public Comment Period

Public Works / Public Safety
Stan Snapp, Chair
Terry Bornemann; Gene Knutson
AB20009 1. Budget Ordinance to transfer mail services function from the Finance Department to the Public Works Warehouse Department and reclassifying two part-time positions into one full-time position

AN ORDINANCE RELATING TO THE 2013 BUDGET RECLASSIFYING POSITIONS IN THE FINANCE AND PUBLIC WORKS DEPARTMENTS TO PROVIDE FOR THE TRANSFER OF MAIL SERVICES TO THE PUBLIC WORKS WAREHOUSE GROUP, WHERE NO ADDITIONAL APPROPRIATIONS OR REALLOCATION OF FUNDS IS REQUIRED.”

SNAPP / KNUTSON moved approval for first and second reading. MOTION CARRIED 6-0.
1st & 2nd APPROVED
AB20010 2. Budget Ordinance to provide funding for purchase of land necessary to construct a regional stormwater and wetland facility

AN ORDINANCE RELATING TO THE 2013 BUDGET TRANSFERRING $500,000.00 FROM THE STREET FUND AND $1,000,000.00 FROM THE LID GUARANTY FUND TO THE SURFACE AND STORMWATER FUND AND APPROPRIATING $1,850,000 IN THE SURFACE AND STORMWATER FUND TO PURCHASE LAND FOR THE CREATION OF A REGIONAL STORMWATER FACILITY.”

SNAPP / KNUTSON moved approval for first and second reading. MOTION CARRIED 6-0.
1st & 2nd APPROVED
AB20011 3. Update on Lake Whatcom Water and Sewer District [LWWSD] contract for wholesale wastewater treatment

Presentation made during committee. Information only.
Information only.
Planning and Community Development
Jack Weiss, Chair
Michael Lilliquist; Gene Knutson
AB19827 1. Discussion of a Rental Registration and Inspection Program

WEISS / KNUTSON moved to request that the Mayor allocate resources in the 2014 budget, including needed staff resources, to develop a program, or comparable activities, to educate and enforce health and safety standards at rental properties in Bellingham using the following as guidance:
I. Overarching Goal: "The goal of the program is to ensure that all rental housing in the city meets specific minimum life safety and fire safety standards.”
II. Outcomes or options to be included or considered:
      1. Focus enforcement on a subset of critical health and safety measures as identified in RCW’s and the International Property Maintenance Code.
      2. Ensure adequate resources for enforcement, long-term.
      3. Provide adequate resources for tenant and property owner education concerning rights, responsibilities and compliance issues.
      4. Provide safe avenues for tenant complaints (e.g. program or activities would deal with concern over retaliation against tenants, etc.).
      5. Provide for adequate penalties to create incentives for compliance.
      6. Create a comprehensive up-to-date database of rental properties.
      7. Consider a self-certification option as part of any inspection program.
      8. Consider inspection of samples of units as an ‘audit’ function.
III. Guidelines for Creating a Least-Cost Program
      1. Keep fees as low as possible to ensure that a program does not unduly impact the rental market.
      2. Consider a minimum three-year program with sufficient data collection mechanisms to provide information to Council for a program extension, if necessary.
      3. Focus attention on properties with violations to reduce burdens on other owners.
      4. Emphasize a program educational approach that helps prevent health and safety violations from occurring through encouraging proper and frequent owner self-inspection and maintenance.
    MOTION CARRIED 6-0.
    Request to Mayor
    Lake Whatcom Reservoir and Natural Resources
    Cathy Lehman, Chair
    Michael Lilliquist; Stan Snapp
    AB20012 1. Authorization for the Mayor to enter into an Interlocal Agreement with Whatcom County for the Lake Whatcom Homeowner Incentive Program [HIP]

    LEHMAN KNUTSON moved to authorize the Mayor to enter into an Interlocal Agreement with Whatcom County for the Lake Whatcom Homeowner Incentive Program (HIP). MOTION CARRIED 6-0.
    APPROVED
    AB20013 2. Natural Resources Quarterly Update

    Presentation made during committee. Information only.
    Information only.
    Parks and Recreation
    Gene Knutson, Chair
    Stan Snapp; Terry Bornemann
    AB20014 1. Conditions for Interlocal Agreement with Chuckanut Community Forest Park District

    Council Member Knutson reported that this proposal will go before the Park District on June 27th, after which, staff will bring it back before Council.
    Information only.
    Committee Of The Whole
    Seth Fleetwood, Chair
    Jack Weiss, Gene Knutson, Cathy Lehman, Stan Snapp, Michael Lilliquist, Terry Bornemann
    AB20015 1. Presentation of the Bellingham Whatcom County Tourism 2013 Marketing Plan

    Presentation made during committee. Information only.
    Information only.
    AB20016 2. Annual Report on Tourism Fund

    Presentation made during committee. Information only.
    Information only.
    AB19883 3. Authorization for the Mayor to enter into the Army Street Property Owner Letter of Intent with the Bellingham Public Development Authority [BPDA]

    WEISS / BORNEMANN moved to authorize the Mayor to enter into the Army Street Property Owner Letter of Intent with the Bellingham Public Development Authority (BPDA). MOTION CARRIED 6-0
    APPROVED
    AB20017 4. An Ordinance granting a non-exclusive telecommunications franchise to Astound Broadband, LLC

    AN ORDINANCE GRANTING ASTOUND BROADBAND, LLC A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN TELECOMMUNICATIONS FACILITIES FOR THE TRANSMISSION OF TELECOMMUNICATIONS IN, THROUGH, OVER AND UNDER THE RIGHTS-OF-WAY WITHIN THE CITY OF BELLINGHAM.”

    KNUTSON / BORNEMANN moved approval for first and second reading. MOTION CARRIED 6-0.
    1st & 2nd APPROVED
    AB20018 5. Review with Council the schedule for modifying the 2014 Budget and seek input about Council Budgeting Priorities

    Information only.
    Information only.
    AB20019 6. Closed Record Public Hearing to Consider an Ordinance approving a site specific rezone at 348 W Bakerview Road

    “AN ORDINANCE RELATING TO LAND USE PLANNING AND ZONING, SPECIFICALLY REZONING APPROXIMATELY 2.4 ACRES AND CREATING A NEW SUBAREA (17A) IN THE CORDATA NEIGHBORHOOD ZONING TABLE AND ZONING MAP. THE CREATION OF THE NEW SUBAREA REMOVES THE REQUIREMENT FOR A MINIMUM PLANNED CONTRACT SITE PLAN - RESIDENTIAL 4 ACRES, COMMERCIAL 8 ACRES.”

    Council Member Lilliquist, Council President Pro Tem, reported that council voted unanimously during the Closed Record Hearing to accept the Findings of Fact, Conclusions and Recommendations of the Planning Commission and approve the site-specific rezone.

    BORNEMANN / KNUTSON moved approval for first and second reading. MOTION CARRIED 6-0.
    Closed Record Hearing Report &
    1st & 2nd APPROVED
            7. Approval of City Council Committee and/or Special Meeting minutes

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

    KNUTSON / SNAPP moved to reconsider Resolution #2013-07 adopting the 2014 - 2019 Transportation Improvement Program (TIP). MOTION CARRIED 4-2, LEHMAN, BORNEMANN opposed.
    KNUTSON / SNAPP moved final approval of Resolution #2013-08 adopting the 2014 - 2019 Transportation Improvement Program with the addition of Project #22 Northshore Drive Non-motorized Improvements (Britton Rd to City limits) MOTION CARRIED 4-2, LEHMAN, BORNEMANN opposed..
    Res. 2012-07 reconsidered.
    Res. 2012-08 approved.
    Executive Session – Report and action only.
      1. Potential Property Sale: Staff provided information on a potential property sale. Information only. No action taken.
    No action.
      2. Potential Litigation: Claim No. 2012-17: Staff provided an update on a 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.
    AB20020 2. Mayor's reappointment of Charles Matthews to the Greenways Advisory Committee for Council's Approval

    KNUTSON / SNAPP moved to authorize the Mayor’s reappointment of Charles Matthews to the Greenways Advisory Committee, term ending July 31, 2016. MOTION CARRIED 6-0.
    APPROVED
    AB20021 3. Mayor's appointment of Joel Bergsbaken to the Community Development Advisory Board for Council's Information

    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.
    AB20022 1. Resolution relating to City of Bellingham legislative process to maintain the written record following Public Hearings until Council makes a final decision

    Res. 2013-09 A RESOLUTION RELATING TO CITY OF BELLINGHAM LEGISLATIVE PROCESSES TO MAINTAIN THE WRITTEN RECORD OPEN FOLLOWING PUBLIC HEARINGS UNTIL FINAL DECISION, UNLESS OTHERWISE SPECIFIED BY CITY COUNCIL."
    Res. 2013-09
    (Consent Agenda)
    AB20023 2. An Ordinance repealing BMC 6.17.500 to eliminate a conflict with the municipal code

    AN ORDINANCE REPEALING BMC 6.17.500 TO ELIMINATE A CONFLICT WITHIN THE CODE.”
    1st & 2nd
    (Consent Agenda)
    AB20024 3. Bid Award for State and Maple Intersection Improvements, ES-0458, Bid # 36B-2013(Consent Agenda)
    AB20025 4. Interlocal Purchasing Agreement with the Department of Enterprises Service [DES](Consent Agenda)
    AB20026 5. Authorization of checks issued for pay period May 24, 2013 through May 30, 2013(Consent Agenda)
    AB20027 6. Authorization of checks issued for pay period May 31, 2013 through June 6, 2013(Consent Agenda)
    AB20028 7. Authorization of checks issued for payroll May 25, 2013 through June 10, 2013


    SNAPP / KNUTSON moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0.
    CONSENT AGENDA APPROVED IN ITS ENTIRETY
    Final Consideration of Ordinances
    AB19859 1. AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO BELLINGHAM'S COMPREHENSIVE PLAN, UPDATING THE WHATCOM FALLS NEIGHBORHOOD PLAN AND REZONING AREA 1 OF THE WHATCOM FALLS NEIGHBORHOOD, AMENDING THE NEIGHBORHOOD PLAN LAND USE MAP, ZONING MAP AND BELLINGHAM MUNICIPAL CODE 20.00.230

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

    MOTION CARRIED 6-0 and was thereafter named Ordinance #2013-06-041
    Ord. 2013-06-041 APPROVED
    AB19918 2. AN ORDINANCE AMENDING THE CITY OF BELLINGHAM COMPREHENSIVE PLAN, ADDING A NEW ECONOMIC DEVELOPMENT CHAPTER, IN ACCORDANCE WITH THE STATE GROWTH MANAGEMENT ACT (RCW CHAPTER 36.70A) AND BELLINGHAM MUNICIPAL CODE 21.10.150 AND 20.20.030

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

    MOTION CARRIED 6-0 and was thereafter named Ordinance #2013-06-042
    Ord. 2013-06-042 APPROVED
    AB19986 3. AN ORDINANCE OF THE CITY OF BELLINGHAM PROHIBITING THE POSSESSION AND USE OF CONSUMER FIREWORKS AMENDING BMC 10.24.130, ADDING NEW SECTIONS TO BMC 10.24, AND PRESCRIBING PENALTIES

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

    MOTION CARRIED 4-2 and was thereafter named Ordinance #2013-06-043
    Ord. 2013-06-043 APPROVED
    AB19993 4. AN ORDINANCE OF THE CITY OF BELLINGHAM ESTABLISHING NEW AUTHORITY AND STANDARDS FOR ADDRESSING AND STREET NAMING WITHIN THE CITY LIMITS BY REPEALING BELLINGHAM MUNICIPAL CODE SECTION 18.28.150 "STREET NAMING" AND ADOPTING BELLINGHAM MUNICIPAL CODE CHAPTER 17.30 "ADDRESSING AND STREET NAMING"

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

    MOTION CARRIED 6-0 and was thereafter named Ordinance #2013-06-044
    Ord. 2013-06-044 APPROVED
    AB20000 5. AN ORDINANCE RELATING TO THE 2013 BUDGET APPROPRIATING AN ADDITIONAL $1,651.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE PUBLIC EDUCATION AND GOVERNMENT ACCESS TV FUND AND REALLOCATING EXPENDITURES IN THE INFORMATION TECHNOLOGY DEPARTMENT TO PROVIDE FOR THE ADDITION OF A NEW PART-TIME POSITION

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

    MOTION CARRIED 6-0 and was thereafter named Ordinance #2013-06-045
    Ord. 2013-06-045 APPROVED
    AB20005 6. AN ORDINANCE RELATING TO THE 2013 BUDGET APPROPRIATING AN ADDITIONAL $30,000.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE LIBRARY GIFT FUND TO PROVIDE FOR ADDITIONAL CIRCULATION MATERIALS, SUPPLIES, AND STRATEGIC PLANNING EXPENDITURES

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

    MOTION CARRIED 6-0 and was thereafter named Ordinance #2013-06-046
    Ord. 2013-06-046 APPROVED
    Adjournment
    There being no further business, the meeting adjourned at 8:37 p.m.
    Next City Council Meeting
    Monday July 1, 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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