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CITY COUNCIL AGENDA FOLLOW UP: February 08, 2010

CALL TO ORDER
ANNOUNCEMENTS & UPCOMING MEETINGS:
    On February 16, @ 6:30 p.m. in City Council Chambers, there will be a worksession regarding planning for Wastewater Treatment Plant expansion.
    On February 22, @ 7:00 p.m. in City Council Chambers, there will be a Public Hearing regarding the docket of proposed Comprehensive Plan Amendments for 2010.
    On February 22, @ 7:00 p.m. in City Council Chambers, there will be a Public Hearing regarding amendments to the large retail establishment size restriction ordinance, also known as the “Big Box” ordinance.

Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
PLEDGE OF ALLEGIANCE
Led by Linda Anderson.
ROLL CALL
All present.
APPROVAL OF MINUTES
BB / TB moved approval of the January 25, 2010 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.
APPROVED
15-MINUTE PUBLIC COMMENT PERIOD - moved to follow public hearings.
EVENING PRESENTATION
(Item 2 was presented first)
AB18741 2. MAYOR’S STATE OF THE CITY ADDRESS
Information only.
INFO ONLY
AB18740 1. PRESENTATION OF EMPLOYEE RECOGNITION AWARDS
Information only.

BREAK
Council President Knutson called the meeting back to order at 8:05 p.m.
INFO OLY
PUBLIC HEARING(S)
AB18727 1. A PUBLIC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT ASSOCIATED WITH THE QUASI JUDICIAL REZONE OF THE PROPERTY LOCATED AT 1906 WILSON AVENUE
Public hearing continued from January 25, 2010.
No citizens spoke and the public hearing was closed.
SF / ML moved to authorize the Mayor to execute a Development Agreement with the Developer subject to approval of the associated rezone. MOTION CARRIED 7-0
Public hearing held. (Continued from 1/25/10); MOTION APPROVED
AB18742 Resolution #2010-03
2. RESOLUTION CONCERNING PROPOSITION #1 OF THE APRIL 27, 2010 BALLOT RELATED TO A PROPOSAL INCREASING SALES TAX TO MAINTAIN PUBLIC TRANSIT SERVICE LEVELS

A RESOLUTION ENDORSING A WHATCOM COUNTY BALLOT PROPOSITION 1 TO PROVIDE FUNDING TO MAINTAIN PUBLIC TRANSIT SERVICES AT CURRENT LEVELS.”
Public hearing held.
ML / JW moved final approval of Resolution #2010-03. MOTION CARRIED 7-0.
Public hearing held.
Res. 2010-03
APPROVED
15-MINUTE PUBLIC COMMENT PERIOD
EXECUTIVE SESSION - Report only
1. LITIGATION: HOFSTETTER V. CITY OF BELLINGHAM: An update was provided to Council on a pending litigation matter. Information only.INFO ONLY
2. LITIGATION: HAYKIN V. CITY OF BELLINGHAM: An update was provided to Council on a litigation matter. Information only. No action taken.INFO ONLY
3. LITIGATION: GOVERNOR’S POINT DEVELOPMENT COMPANY V. CITY OF BELLINGHAM: Staff provided Council with an update on this litigation matter. Information only. No action taken.INFO ONLY
4. POTENTIAL LITIGATION: Staff provided Council with an update on the recent appeals filed with the Western Washington Growth Management Hearings Board challenging Whatcom County Ordinance 2009-071 which established new urban growth area boundaries within the County.
JW / TB moved to authorize the City intervening in the appeals that challenge the City of Bellingham’s Urban Growth Area boundary. MOTION CARRIED 7-0.
APPROVED
COUNCIL STANDING COMMITTEE MEETINGS:
AFTERNOON PRESENTATION
AB18743 1. BELLINGHAM SISTER CITIES ASSOCIATION UPDATE TO COUNCIL
Information only.
INFO ONLY
FINANCE & PERSONNEL
MEMBERS: CHAIR, STAN SNAPP; BARRY BUCHANAN; MICHAEL LILLIQUIST
AB18744 Resolution #2010-04
1. RESOLUTION SUPPORTING A CITY OF BELLINGHAM EMPLOYEE WELLNESS PROGRAM

A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON TO SUPPORT EMPLOYEE HEALTH AND REALIZE BENEFITS COST SAVINGS BY RE-LAUNCHING A WELLNESS PROGRAM.”
SS / BB moved final approval of Resolution #2010-04. MOTION CARRIED 7-0.
Res. 2010-04 APPROVED
AB18745 CB 13594
2. AN ORDINANCE FOR A BUDGET AMENDMENT FOR THE RECEIPT AND SPENDING OF A $348,881.80 DEPARTMENT OF JUSTICE GRANT FROM THE OFFICE ON VIOLENCE AGAINST WOMEN

“AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A DEPARTMENT OF JUSTICE GRANT AND APPROPRIATING AN ADDITIONAL $348,881.80 OF EXPENDITURES IN THE GENERAL FUND.”
SS / ML moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13594
APPROVED
PARKS AND RECREATION
MEMBERS: CHAIR, SETH FLEETWOOD; TERRY BORNEMANN; STAN SNAPP
AB18746 1. CORDATA PARK PHASE 1 TRAILS – CAPITAL PROJECT UPDATE
Information only.
INFO ONLY
AB18626 2. CONSIDERATION OF STRATEGIC PLAN FOR SOUTH AREA GREENWAY 3 LEVY LAND ACQUISITIONS
SF / TB moved to continued consideration to April 12, 2010. MOTION CARRIED 7-0.
CONTINUED TO 4/12/10
LAKE WHATCOM RESERVOIR COMMITTEE
MEMBERS: CHAIR, MICHAEL LILLIQUIST; BARRY BUCHANAN; STAN SNAPP
AB18747 1. PROPOSAL TO AUTHORIZE THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH WHATCOM COUNTY FOR LAKE WHATCOM TRIBUTARY MONITORING
SS / TB moved to authorize the Mayor to execute an Interlocal Agreement with Whatcom County for Lake Whatcom Tributary Monitoring. MOTION CARRIED 7-0.
APPROVED
PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: CHAIR, BARRY BUCHANAN; STAN SNAPP; JACK WEISS
AB18748 1. AGREEMENT FOR THE MANAGEMENT OF THE FEDERAL BUILDING
BB / SS moved to authorize the Mayor to execute an agreement with the Bellingham Public Development Authority for management of the Federal Building. MOTION CARRIED 7-0.
APPROVED
AB18749 2. AGREEMENT FOR THE TRANSFER OF CITY PROPERTY LOCATED ON HOLLY STREET ADJACENT TO THE ARMY STREET RIGHT OF WAY TO THE BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY
BB / SS moved to authorize the Mayor to execute an agreement with the Bellingham Public Development Authority for transfer of property (Holly Street Property Adjacent to the Army Street Right-of-Way) and to include Triple Bottom Line goals for development in the recitals. MOTION CARRIED 7-0.
APPROVED
AB18750 3. AGREEMENT FOR THE TRANSFER OF CITY PROPERTY LOCATED IN AREA 10 OF THE WATERFRONT DISTRICT, COMMONLY KNOWN AS THE R. G. HALEY PROPERTY, TO THE BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY
BB / SS moved to authorize the Mayor to enter into an agreement with the Bellingham Public Development Authority for transfer of property (Cornwall Beach Area - Former R. G. Haley Property). MOTION CARRIED 7-0.
APPROVED
PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: CHAIR, TERRY BORNEMANN; SETH FLEETWOOD; MICHAEL LILLIQUIST; JACK WEISS
AB18751 1. HEARING EXAMINER ANNUAL REPORT TO COUNCIL
Information only.
INFO ONLY
AB18752 Resolution #2010-05
2. “A RESOLUTION RECOMMENDING AGAINST FURTHER CHANGES TO BELLINGHAM’S URBAN GROWTH AREA BOUNDARY IN 2010.”
TB / JW moved final approval of Resolution #2010-05. MOTION CARRIED 7-0.
Res. 2010-05 APPROVED
AB18587 3. A WORKSESSION TO CONSIDER EXCEPTIONS TO THE 90,000 SQUARE FOOT SIZE LIMIT FOR RETAIL ESTABLISHMENTS
Council Member Bornemann reported that a worksession is scheduled for Thursday, February 11, 2010 at 11:00 a.m.
WORKSESSION SCHEDULED
COMMITTEE OF THE WHOLE
CHAIR, GENE KNUTSON
          1. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
None submitted at evening meeting.
          2. OLD/NEW BUSINESS
ML / TB moved to request that the Council President send a letter in support of HB 3177 to the State Legislator. MOTION CARRIED 7-0

TB / SS moved to present a plan to the Capital Facilities Task Force whereby the two elected officials will act as chairs and operating under Robert’s Rules of Order. MOTION CARRIED 7-0
MOTIONS APPROVED
MAYOR’S REPORT
          1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. No items presented.
AB18753 2. MAYOR’S REAPPOINTMENT OF GREG MCCRACKEN AND BARBARA CAMPBELL AND NEW APPOINTMENT OF JANET SIMPSON TO THE MAYOR’S NEIGHBORHOOD ADVISORY COMMISSION
Information only.
INFO ONLY
AB18754 3. MAYOR’S APPOINTMENT OF WILLIAM MCCOURT AND LARRY MANSFIELD TO THE LAKE WHATCOM WATERSHED ADVISORY BOARD FOR COUNCIL’S INFORMATION
Information only.
INFO 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. 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.
AB18755 CB 13595
1. AN ORDINANCE TO REPEAL BELLINGHAM MUNICIPAL CODE SECTION 2.04 WHICH ESTABLISHED A LIMITED-TERM BUDGET ADVISORY COMMITTEE

“AN ORDINANCE OF THE CITY OF BELLINGHAM REPEALING BELLINGHAM MUNICIPAL CODE SECTION 2.04 RELATED TO THE BUDGET ADVISORY COMMITTEE.”
CB 13595
(Consent Agenda)
AB18756 CB 13596
2. AN ORDINANCE TO REPEAL BELLINGHAM MUNICIPAL CODE SECTION 6.16 REGARDING LICENSING OF CABARET DANCE BUSINESSES

“AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, REPEALING BELLINGHAM MUNICIPAL CODE CHAPTER 6.16 RELATED TO THE LICENSING OF CABARET DANCE BUSINESSES.”
CB 13596
(Consent Agenda)
AB18757 CB 13597
3. AN ORDINANCE RELATING TO THE 2009 BUDGET APPROPRIATING $40,000 OF FUNDS FROM THE UNDESIGNATED ENDING RESERVE OF THE UNEMPLOYMENT COMPENSATION SELF INSURANCE FUND TO COVER FOURTH QUARTER UNEMPLOYMENT CLAIMS

AN ORDINANCE RELATING TO THE 2009 BUDGET APPROPRIATING AN ADDITIONAL $40,000.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE UNEMPLOYMENT COMPENSATION FUND FOR THE PURPOSE OF PAYING UNEMPLOYMENT COMPENSATION FOR THE FOURTH QUARTER OF 2009.”
CB 13597
(Consent Agenda)
AB18758 CB 13598
4. ORDINANCE TO APPROPRIATE $25,780 IN EPA GRANT FUNDS TO THE SURFACE AND STORM WATER UTILITY BUDGET

“AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A UNITED STATES ENVIRONMENTAL PROTECTION AGENCY GRANT AND APPROPRIATING AN ADDITIONAL $25,780.00 OF EXPENDITURES IN THE SURFACE AND STORMWATER UTILITY FUND.”
CB 13598
(Consent Agenda)
AB18759 Resolution #2010-06
5. A RESOLUTION TO INCREASE CLEAN GREEN USER FEE RATE

“A RESOLUTION OF THE CITY OF BELLINGHAM INCREASING THE USER FEE FOR THE CLEAN GREEN FACILITY.”
Res. #2010-06
(Consent Agenda)
AB18760 6. SURPLUS MANUFACTURED HOUSE(Consent Agenda)
AB18761 CB 13599
7. A BUDGET ORDINANCE TO RECLASSIFY ONE POSITION IN THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT FROM GIS SPECIALIST TO GIS ANALYST

AN ORDINANCE RELATING TO THE 2010 BUDGET RECLASSIFYING ONE GIS SPECIALIST POSITION IN THE PLANNING DEPARTMENT AND REALLOCATING EXPENDITURES IN THE GENERAL FUND TO ACCOMMODATE THE ADDITIONAL COST.”
CB 13599
(Consent Agenda)
AB18762 8. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JANUARY 15, 2010 TO JANUARY 22, 2010.(Consent Agenda)
AB18763 9. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JANUARY 22, 2010 TO JANUARY 29, 2010.(Consent Agenda)
AB18764 10. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM JANUARY 1, 2010 TO JANUARY 15, 2010.

TB / BB moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0.
CONSENT AGENDA APPROVED IN ITS ENTIRETY
FINAL CONSIDERATION OF ORDINANCES
AB18730 1. CB 13592
AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $1,600,000.00 OF ADDITIONAL REVENUE AND EXPENSES FOR THE BAKERVIEW & HANNEGAN / WOBURN OVERLAY PROJECT

TB / SS 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, SNAPP, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2010-02-007
Ord. 2010-02-007
APPROVED
AB18735 2. CB 13593
AN ORDINANCE RELATING TO THE 2010 BUDGET RECLASSIFYING ONE PARKING SERVICES FUND POSITION IN THE PUBLIC WORKS TRANSPORTATION GROUP WHERE NO APPROPRIATION OR REALLOCATION OF FUNDS IS REQUIRED

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, SNAPP, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2010-02-008
Ord. 2010-02-008
APPROVED
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:49 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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