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CITY COUNCIL AGENDA FOLLOW UP: April 26, 2010

CALL TO ORDER
ANNOUNCEMENTS & UPCOMING MEETINGS:
    ˇ On Wednesday, April 28, @ 12:00 p.m. at the Worker Memorial Monument on the Bellingham Library Lawn, there will be a Remembrance Ceremony in observance of Worker Memorial Day.
    ˇ On Wednesday, April 28th @ 6:30 p.m. in the RE Sources meeting rooms, above the RE Store at 2309 Meridian, there will be a presentation of survey data showing changes in Bellingham residents’ travel habits from 2004 to 2009. Following the presentation there will be a small groups brainstorming session for ideas about what could be done to help residents overcome obstacles to making more Smart Trips. Council Members have been invited to participate and we encourage members of the public to attend.
    ˇ On Monday, May 3 @ 6:30 p.m. in City Council Chambers, the Bellingham City Council’s Lake Whatcom Reservoir & Natural Resources Committee and the Whatcom County Council’s Natural Resources Committee will host a public meeting of regarding the Lake Whatcom Management Program, 2010-2014 Work Plan. There is a 30 day comment period underway, and this meeting is designed to provide the public an opportunity to ask questions of and provide feedback to City and County officials and staff about the draft plan. The draft plan and commenting instructions are available on the County and City websites.

Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
PLEDGE OF ALLEGIANCE
Led by Christopher Grannis.
ROLL CALL
All present.
APPROVAL OF MINUTES
BB / SS moved approval of the April 12, 2010 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.
APPROVED
15-MINUTE PUBLIC COMMENT PERIOD
PRESENTATION
AB18832 1. COUNCIL PRESENTATION ON THE PICKFORD FILM CENTER’S DREAM SPACE DOWNTOWN THEATER PROJECT
Information only.
INFO ONLY
AB18833 2. PRESENTATION TO COUNCIL BY WERNER BRÖG OF SOCIALDATA’S 2009 MODE SHIFT FOLLOW-UP SURVEY RESULTS
Information only.

BREAK
Council President Knutson called the meeting back to order at 8:51 p.m.
INFO ONLY
PUBLIC HEARING
AB18834 CB 13612
1. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO TITLE 21 OF THE BELLINGHAM MUNICIPAL CODE TO ALLOW FOR THE EXTENSION OF CERTAIN LAND USE APPROVALS

AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE SECTION 21.10.260 - VESTING - TO ALLOW FOR A ONE-TIME ECONOMIC HARDSHIP EXTENSION OF ISSUED LAND USE APPROVALS.”
Public hearing held.
ML / SS moved to strike “adverse market conditions” from D.1.b. of the proposed ordinance. MOTION FAILED 2-5, BB, TB, GK, SF, JW OPPOSED.
TB / BB moved approval for first and second reading. MOTION CARRIED 6-1, ML OPPOSED.
Public hearing held.
CB 13612
APPROVED
COUNCIL STANDING COMMITTEE MEETINGS:
FINANCE & PERSONNEL
MEMBERS: CHAIR, STAN SNAPP; BARRY BUCHANAN; MICHAEL LILLIQUIST
AB18835 1. SURPLUS RESCUE VEHICLE #471
SS / BB moved to approve the surplus of a 1999 International 4900 Fire Rescue Vehicle. MOTION CARRIED 7-0.

APPROVED
AB18836 CB 13613
2. REDUCING A PROGRAM SPECIALIST POSITION AS WELL AS AN ACCOUNTING TECHNICIAN POSITION FROM 1.0 FTE TO .05 FTE AND CREATING A NEW 1.0 FTE ACCOUNTING TECHNICIAN POSITION IN THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT

AN ORDINANCE RELATING TO THE 2010 BUDGET REVISING STAFFING IN THE PLANNING DEPARTMENT AND REALLOCATING EXPENDITURES IN THE COMMUNITY DEVELOPMENT BLOCK GRANT, TOURISM AND HOME GRANT FUNDS; AND REDUCING EXPENDITURES IN THE GENERAL FUND, PLACING THE RESULTING $4,284.00 GENERAL FUND SURPLUS INTO ESTIMATED ENDING UNDESIGNATED RESERVES.”
SS / TB moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13613
APPROVED
AB18837 3. AMENDMENT TO INTERLOCAL AGREEMENT FOR ADMINISTERING SURCHARGE FUNDS GENERATED AS A RESULT OF SUBSTITUTE HOUSE BILL 2060 AND RCW 36.22.178
SS / ML moved to authorize the Mayor to enter into the Interlocal Agreement with Whatcom County and The Cities of Whatcom County. MOTION CARRIED 7-0.
APPROVED
AB18838 4. REVIEW OF 1ST QUARTER 2010 FINANCIAL REPORT
Information only.
INFO ONLY
PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: CHAIR, BARRY BUCHANAN; STAN SNAPP; JACK WEISS
AB18839 1. BID AWARD FOR 2010 ANNUAL OVERLAY PROGRAM, PROJECT NO. ES-433, BID NO. 16B-2010
BB / SS moved to award Bid No. 16B-2010 for 2010 Annual Overlay Program to Granite Construction 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 $1,420,797.40. MOTION CARRIED 7-0.
APPROVED
AB18840 2. NOISE VARIANCE REQUEST FOR WASHINGTON STATE DEPARTMENT OF TRANSPORTATION OF INTERSTATE 5 ON/OFF RAMP RECONSTRUCTION WORK
SS / ML moved approval of a noise variance request to BMC 10.24.120(4) to allow Interstate 5 On/Off Ramp Reconstruction Work occurring between mile post 251.55 and 254.83 during June through August, 2010. MOTION CARRIED 6-1, TB OPPOSED.
APPROVED
AB18814 3. TRANS MOUNTAIN PIPELINE (PUGET SOUND) LLC FRANCHISE NEGOTIATIONS UPDATE
Information only.
BB / JW moved to direct staff to look into and negotiate language for requirements for bonding for any potential abandonment of the pipeline and regular reporting requirement to the city. MOTION CARRIED 7-0.
INFO ONLY W/DIRECTION TO STAFF
PARKS AND RECREATION
MEMBERS: CHAIR, SETH FLEETWOOD; TERRY BORNEMANN; STAN SNAPP
AB18841 1. GREENWAY ADVISORY COMMITTEE REPORT TO COUNCIL
Information only.
INFO ONLY
PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: CHAIR, TERRY BORNEMANN; SETH FLEETWOOD; MICHAEL LILLIQUIST; JACK WEISS
AB18842 1. PRESENTATION AND DISCUSSION OF OPTIONS FOR INCENTIVE ZONING FOR AFFORDABLE HOUSING IN RESIDENTIAL DEVELOPMENTS IN THE CITY OF BELLINGHAM
The committee scheduled a worksession on May 10, 2010 at 10:00 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
Council members serenaded Council Member Weiss with the Happy Birthday song.
EXECUTIVE SESSION - Report only.
    1. POTENTIAL PROPERTY ACQUISITION: Staff provided information on the potential acquisition of a 10.25 acre parcel located adjacent to the north of the Stimpson Reserve, for the watershed property acquisition program. The property is just off Lake Whatcom Boulevard, adjacent to the west of property previously purchased by the City’s watershed acquisition program. The seller is Ed Lane Brinson, Jr.
JW / TB moved to authorize the purchase of said property at a purchase price of $400,000. MOTION CARRIED 7-0.
APPROVED
    2. LITIGATION: Hofstetter v. City of Bellingham: An update was provided to Council on a pending litigation matter. Information only. No action taken.
NO ACTION
    3. POTENTIAL LITIGATION: Staff provided an update on a potential litigation matter. Information only. No action taken.
NO ACTION
    4. POTENTIAL LITIGATION: Staff provided an update on a potential litigation matter. Direction provided to staff. No action taken.
NO ACTION
    5. POTENTIAL LITIGATION: Staff provided an update on a potential litigation matter. Direction provided to staff. No action taken.
NO ACTION
    6. POTENTIAL LITIGATION: Staff advised of a potential litigation matter. Direction provided to staff. 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.
AB18843 2. MAYOR’S APPOINTMENT OF DANIEL HAMMILL AND JUAN BALDOVINOS TO THE COMMUNITY DEVELOPMENT ADVISORY BOARD
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.
AB18844 CB 13614
1. AN ORDINANCE RELATING TO THE 2010 BUDGET AUTHORIZING THE EXPENDITURE OF $5,000.00 IN GRANT FUNDS.

AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A WASHINGTON FINANCE OFFICERS ASSOCIATION GRANT AND APPROPRIATING AN ADDITIONAL $5,000.00 OF EXPENDITURES IN THE GENERAL FUND.”
CB 13614
(Consent Agenda)
AB18845 2. BID AWARD FOR BRASS SERVICE AND THREADED FITTINGS, SOLICITATION NO. 18B-2010(Consent Agenda)
AB18846 3. WATER TREATMENT CHEMICAL BID FOR ALUMINUM SULFATE, SOLICITATION NO. 17B-2010(Consent Agenda)
AB18847 4. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM MARCH 16, 2010 TO MARCH 31, 2010.

JW / TB moved to approval the Consent Agenda in its entirety. MOTION CARRIED 7-0.
CONSENT AGENDA APPROVED IN ITS ENTIRETY
FINAL CONSIDERATION OF ORDINANCES
AB18587 1. CB 13554
AN ORDINANCE RELATED TO LAND USE REGULATIONS, PROVIDING EXCEPTIONS TO THE SIZE LIMIT FOR RETAIL ESTABLISHMENTS WITHIN LIMITED AREAS OF THE CITY BY AMENDING BELLINGHAM MUNICIPAL CODE 20.00.080; 20.00.110; 20.10.025; 20.38.050.C. AND 20.38.050.D

JW / 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 #2010-04-023.
Ord. 2010-04-023
APPROVED
AB18827 2. CB 13610
AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A WASHINGTON TRAFFIC SAFETY COMMISSION GRANT AND APPROPRIATING AN ADDITIONAL $9,400.00 OF EXPENDITURES IN THE GENERAL FUND

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 #2010-04-024.
Ord. 2010-04-024
APPROVED
AB18829 3. CB 13611
AN ORDINANCE RELATING TO THE 2009 BUDGET APPROPRIATING $147,662 OF EXPENDITURES FROM ESTIMATED ENDING RESTRICTED RESERVE CAPITAL IN THE ARTERIAL STREET CONSTRUCTION FUND.

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 #2010-04-025.
Ord. 2010-04-025
APPROVED
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:28 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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