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CITY COUNCIL AGENDA FOLLOW UP: March 29, 2010

CALL TO ORDER
PLEDGE OF ALLEGIANCE
Led by Alex Ramel.
ROLL CALL
All present.
ANNOUNCEMENTS & UPCOMING MEETINGS:
    The Finance Committee meeting previously scheduled for March 29, 10:30 AM to review proposed Comprehensive Financial Management Guidelines is postponed to April 13th.
    On April 12, 7:00 PM at the Bellingham Municipal Court, there will be Public Hearing regarding exceptions to large retail establishment size restrictions, known as the “Big Box” Ordinance.
    On April 26, 7:00 PM in City Council Chambers, there will be a Public Hearing regarding a code amendment to allow permit extensions due to economic hardship.

Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
APPROVAL OF MINUTES
BB / SS moved approval of the March 15, 2009 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.
APPROVED
15-MINUTE PUBLIC COMMENT PERIOD
PRESENTATION
AB18807 1. COMMUNITY ENERGY CHALLENGE UPDATE
Information only.
INFO ONLY
PUBLIC HEARING
AB18808 CB 13608
1. MINOR TEXT AND MAP AMENDMENT TO BMC 13.70 MULTI-MODAL TRANSPORTATION CONCURRENCY

“AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BMC 13.70 MULTI-MODAL TRANSPORTATION CONCURRENCY.”
Public hearing held.
JW / SS moved to postpone proposed amendments and direct staff to have the Transportation Commission review the proposal and make a recommendation at their April 13 meeting. MOTION CARRIED 5-2, GK, TB opposed.
CB 13608
Public hearing held.
POSTPONED w/ DIRECTION TO STAFF
COUNCIL STANDING COMMITTEE MEETINGS:
PARKS AND RECREATION
MEMBERS: CHAIR, SETH FLEETWOOD; TERRY BORNEMANN;
STAN SNAPP
AB18809 1. AN AGREED ORDER WITH THE DEPARTMENT OF ECOLOGY AND PUGET SOUND ENERGY TO PERFORM A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY OF THE SOUTH STATE STREET MANUFACTURED GAS PLANT MODEL TOXICS CONTROL ACT SITE
SF / SS moved to authorize the Mayor to execute the Agreed Order with the Department of Ecology and Puget Sound Energy. MOTION CARRIED 7-0.
APPROVED
PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: CHAIR, BARRY BUCHANAN; STAN SNAPP; JACK WEISS
AB18810 Resolution #2010-12
1. A RESOLUTION OF THE CITY OF BELLINGHAM DECLARING THAT AN EMERGENCY EXISTED JUSTIFYING AND EXEMPTION FROM THE FORMAL BID PROCESS

“A RESOLUTION OF THE CITY OF BELLINGHAM DECLARING THAT AN EMERGENCY EXISTED JUSTIFYING AN EXEMPTION FROM THE FORMAL BID PROCESS WITH REGARD TO EMERGENCY REPAIRS DUE TO WIND DAMAGE ON THE R. G. HALEY SITE.”
BB / SS moved final approval of Resolution #2010-12. MOTION CARRIED 7-0.
Res. 2010-12
APPROVED
AB18811 2. BID AWARD FOR 2009 OVERLAY – ARRA/STIMULUS FUNDS - BAKERVIEW AND HANNEGAN ROADS (ES-414), BID #3B-2010
BB / SS moved to award Bid No. 3B-2010 for 2009 Overlay to Granite Construction of Bellingham, WA 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 $1,543,857.00. MOTION CARRIED 7-0.
APPROVED
AB18812 3. INFORMATION REGARDING PHARMACEUTICAL
TAKE-BACK PROGRAM
Information only.
INFO ONLY
AB18813 4. PUBLIC RELEASE OF THE GIS ONLINE MAPPING APPLICATION: CITY INFORMATION QUERY (CityIQ)
Information only.
INFO ONLY
AB18814 5. TRANS MOUNTAIN PIPELINE (PUGET SOUND) LLC, FRANCHISE UPDATE
Information only.
INFO ONLY
COMMITTEE OF THE WHOLE
CHAIR, GENE KNUTSON
          1. OLD/NEW BUSINESS
JW / SS moved to direct Mark Gardner as Policy Analyst to research and report to Council policy options regarding:
      1. Adapted reuse standards for new large retail establishments (over 60,000 s.f.)
      2. Green Factor standards for new large retail establishments.
      3. Modifications to the timing of payment of impact fees as a builder incentive.
      4. Modifications to System Development Charges to allow for affordable housing exemptions.

MOTION CARRIED 7-0.
DIRECTION TO STAFF
EXECUTIVE SESSION - Report only.
1. LITIGATION: Crown Point Development, et al. v. City of Bellingham: City staff provided an update on this litigation matter regarding the Orchard Estates Subdivision. Information only. No action taken.NO ACTION
2. POTENTIAL LITIGATION: Staff provided information to Council. Council provided direction to staff regarding EPA’s proposed removal action alternative (known as Alternative 3) to cleanup Oeser-related contamination at Little Squalicum Park.

SS / TB moved to adopt a Resolution of the City of Bellingham in Opposition to Removal Alternatives that Negatively Impact Planned Use of the Little Squalicum Park and Are Not Protective of Human Health and the Environment and in Support of Alternative 2(c).

The resolution goes into detail about why the City is not in favor of EPA’s preferred solution for cleaning up the Oeser-related contamination in Little Squalicum Park. It states two major reasons Alternative 3 is not acceptable.

First EPA’s Alternative 3 makes the Little Squalicum unusable under the City’s Master Plan, by re-routing water sources so that much of the park will be wet, making it almost impossible to establish or maintain park use areas and by putting in place a cap that the City has to maintain indefinitely.

Second, the Alternative 3 is not protective of human health and the environment. The City wants park users to be safe and wants the habitat to be safe for animals.

The resolution ends with a statement of qualified approval for one of the alternatives outlined by EPA (but not chosen by them as the preferred alternative) known as Alternative 2(c). The resolution endorses Alternative 2(c) (with a few modifications to make it more protective of human health and the environment). Alternative 2(c) is a more permanent remedy and doesn’t require the City to spend lots of money maintaining a cap on toxic materials, like EPA’s preferred Alternative 3 does and it works with the Little Squalicum Park Master Plan.

Finally, the resolution discussed that the differential cost analysis done by EPA minimizes the maintenance costs associated with their preferred alternative, making EPA’s preferred alternative look like the least expensive, when in fact it may not be.

MOTION CARRIED 7-0
APPROVED
Res. 2010-14
3. POTENTIAL LITIGATION: Staff provided an update on a potential litigation matter. Information only. No action taken.
    NO ACTION
    4. LABOR ISSUE: Staff provided information on a labor issue. Information only. No action taken.
    NO ACTION
    MAYOR’S REPORT
            1. Good work by staff with regard to the Google Fiber bid. David Webster, CAO encouraged everyone to include a link on their social networking pages. Information only.
    INFO ONLY
    AB18815 2. MAYOR’S APPOINTMENT OF KAYLE WALLS TO THE COMMUNITY DEVELOPMENT ADVISORY BOARD
    Information only.
    INFO ONLY
    AB18816 3. MAYOR’S REAPPOINTMENT OF BYRON ELMENDORF TO THE WATERFRONT ADVISORY GROUP
    Information only.
    INFO ONLY
    CONSENT AGENDA
    All matters listed on the following 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 at the next City Council meeting.
    AB18817 CB 13609
    1. ORDINANCE TO ACCEPT DEPARTMENT OF ECOLOGY PASS THROUGH GRANT FOR NPDES
    PHASE II JURISDICTIONS IN THE AMOUNT OF $50,000

    “AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A DEPARTMENT OF ECOLOGY GRANT AND APPROPRIATING AN ADDITIONAL $50,000.00 OF EXPENDITURES IN THE SURFACE AND STORMWATER UTILITY FUND.”
    CB 13609
    (Consent Agenda)
    AB18818 Resolution #2010-13
    2. FINAL PLAT APPROVAL FOR THE PLAT OF EMERALD COTTAGES

    A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR THE PLAT OF EMERALD COTTAGES (A.K.A. 1010 TELEGRAPH), CONSISTING OF 15 SINGLE FAMILY LOTS, A PUBLIC TRACT FOR RIGHTS-OF-WAY PURPOSES AND PRIVATE TRACTS FOR PARKING, PEDESTRIAN AND OPEN SPACE PURPOSES, LOCATED IN AREA 9, KING MOUNTAIN NEIGHBORHOOD AT 1010 TELEGRAPH ROAD.”
    Res. 2010-13
    (Consent Agenda)
    AB18819 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM MARCH 5, 2010 TO MARCH 12, 2010.(Consent Agenda)
    AB18820 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM MARCH 12, 2010 TO MARCH 19, 2010.

    BB / TB moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0.
    CONSENT AGENDA APPROVED IN ITS ENTIRETY
    FINAL CONSIDERATION OF ORDINANCES
    AB18786 1. CB 13602
    AN ORDINANCE RELATING TO THE 2010 BUDGET RECONCILING THE DIFFERENCES BETWEEN BUDGETED ESTIMATED 2010 BEGINNING RESERVE BALANCES AND ACTUAL 2010 BEGINNING RESERVE BALANCES, AND PLACING THE DIFFERENCES IN THE ENDING RESERVE BALANCES FOR A NET RESERVE INCREASE OF $42,834,672.18

    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 #2010-03-015
    Ord. 2010-03-015
    APPROVED
    AB18787 2. CB 13603
    AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $14,447,432.48 IN ADDITIONAL FUNDS TO PAY FOR GOODS AND SERVICES ORDERED IN 2009 BUT UNPAID AT YEAR END CLOSING, FROM UNANTICIPATED REVENUE AND ESTIMATED ENDING RESERVE BALANCES.

    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 #2010-03-017
    Ord. 2010-03-017
    APPROVED
    AB18788 3. CB 13604
    AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $45,045,924.26 IN ADDITIONAL RESOURCES TO PAY FOR GOODS AND SERVICES THAT WERE AUTHORIZED IN 2009, BUT WERE NOT OBLIGATED BY PURCHASE ORDER OR CONTRACT BY YEAR END, FROM ESTIMATED RESERVES AND UNANTICIPATED REVENUE, AND PLACING $100,000.00 OF REVENUE IN RESERVES.

    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 #2010-03-018
    Ord. 2010-03-018
    APPROVED
    AB18789 4. CB 13605
    AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $64,998.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE GENERAL FUND FOR THE PURPOSE OF ADDING A POLICE SERGEANT POSITION IN THE BELLINGHAM POLICE DEPARTMENT.

    TB / ML 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 #2010-03-019

    Ord. 2010-03-019
    APPROVED
    AB18790 5. CB 13606
    AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LAND USE PLANNING AND ADMINISTRATION, AMENDING PORTIONS OF THE BELLINGHAM MUNICIPAL CODE REGARDING THE PLANNING COMMISSION

    BB / 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 #2010-03-020
    Ord. 2010-03-020
    APPROVED
    AB18799 6. CB 13607
    AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR UNANTICIPATED REVENUE FROM A BUSINESS AND OCCUPATION/ UTILITY TAX AUDIT AND APPROPRIATING A PORTION OF THE REVENUE TO PAY FOR PROFESSIONAL SERVICES ASSOCIATED WITH THIS WORK.

    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 #2010-03-021
    Ord. 2010-03-021
    APPROVED
    ADJOURNMENT
    There being no further business, the meeting was adjourned at 9:04 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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