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You are here: Home) Government) Council) Meeting Materials) August 09, 2010

CITY COUNCIL AGENDA FOLLOW UP: August 09, 2010

CALL TO ORDER
ANNOUNCEMENTS & UPCOMING MEETINGS:
    On Monday, September 13, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding the Fountain District Urban Village Plan.
    On Monday, September 27, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding Happy Valley Neighborhood Plan Amendment Green Infrastructure Plan.
    On Monday, September 27, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding Seaview North Boatyard Rezone.

Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
PLEDGE OF ALLEGIANCE
Led by Ed Bennett.
ROLL CALL
All present.
APPROVAL OF MINUTES
SS / TB moved approval of the July 26, 2010 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.
APPROVED
15-MINUTE PUBLIC COMMENT PERIOD

PUBLIC HEARINGS
AB18930 CB 13636
1. PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE CITY’S CRITICAL AREAS ORDINANCE (BMC 16.55)

AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE SECTIONS 16.55.080, 16.55.130, 16.55.230, 16.55.270, 16.55.330, 16.55.340, 16.55.420, 16.55.460 AND 16.55.510 OF THE CITY OF BELLINGHAM’S CRITICAL AREAS ORDINANCE CREATING AN EXEMPTION FOR DEMOLITION AND CERTAIN DEVELOPMENT IN GEOLOGICALLY HAZARDOUS AREAS AS WELL AS IF SAME DEVELOPMENT IS NONCONFORMING, ALLOW CERTAIN PERVIOUS FEATURES IN SETBACKS, ADDITION OF A DEFINITION FOR CRITICAL ROOT ZONE, RELIEF FROM BUFFER STANDARDS IF BUFFER AREAS ARE FUNCTIONALLY DISCONNECTED BY A PUBLIC ROAD AND OTHER NON-SUBSTANTIVE CLARIFICATIONS AND CORRECTIONS.”
Public hearing held.
BB / JW moved approval for first and second reading. MOTION CARRIED 7-0.
Public hearing held.
CB 13636
APPROVED
AB18931 CB 13637
2. PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE CITY’S CLEARING ORDINANCE (BMC 16.60)

AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE SECTION 16.60.070 TO MAKE THE MAXIMUM AREA EXEMPT FROM THE CITY’S CLEARING ORDINANCE CONSISTENT WITH THE AREA EXEMPTIONS FOR THE CITY’S STORMWATER AND CRITICAL AREAS AND LAKE WHATCOM RESERVOIR ORDINANCES.”
Public hearing held.
TB / ML moved approval for first and second reading. MOTION CARRIED 7-0.
Public hearing held.
CB 13637
APPROVED
AB18869 3. PUBLIC HEARING REGARDING A DRAFT MUSIC ORDINANCE
Public hearing held.
Information only.
Public hearing held.
INFO ONLY
Council President Knutson reported that the Board of Directors for the Transportation Benefit District met earlier in the day and passed Resolution #2010-001 which will place the proposition on the ballot in the General Election. and Resolution #2010-002 appointing a committee to prepare pro and con statements for the Local Voters Pamphlet.
INFO ONLY RE: Transportation Benefit District
FINANCE & PERSONNEL
MEMBERS: CHAIR, STAN SNAPP; BARRY BUCHANAN; MICHAEL LILLIQUIST
AB18932 CB 13638
1. AN ORDINANCE AMENDING THE BUDGET TO ALLOW FOR RECEIPT OF FEDERAL EMERGENCY MANAGEMENT AGENCY [FEMA] DEPARTMENT OF HOMELAND SECURITY [DHS] GRANT FUNDS OF $888,551.00

AN ORDINANCE RELATING TO THE 2010 BUDGET RECOGNIZING RECEIPT OF AN $888,551.00 DEPARTMENT OF HOMELAND SECURITY “SAFER” GRANT IN THE FIRE DEPARTMENT, GENERAL FUND.”
SS / BB moved approval for first and second reading. MOTION CARRIED 6-1, JW opposed.
CB 13638
APPROVED
AB18933 CB 13639
2. AN ORDINANCE AMENDING THE PAYROLL BUDGET TO RESTORE SALARY/BENEFIT EXPENSES FOR 4 FIREFIGHTER POSITION TO BE PAID FOR BY FEDERAL EMERGENCY MANAGEMENT AGENCY [FEMA] DEPARTMENT OF HOMELAND SECURITY (DHS) GRANT FUNDS

AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $110,228.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE GENERAL FUND TO PROVIDE FOR THE ADDITION OF FOUR NEW FIREFIGHTER POSITIONS IN THE FIRE DEPARTMENT.”
SS / BB moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13639
APPROVED
WATERFRONT DEVELOPMENT COMMITTEE
MEMBERS: CHAIR, JACK WEISS; TERRY BORNEMANN; MICHAEL LILLIQUIST; SETH FLEETWOOD
AB18934 1. WATERFRONT REDEVELOPMENT PROJECT UPDATE
Information only.
INFO ONLY
PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: CHAIR, TERRY BORNEMANN; SETH FLEETWOOD; MICHAEL LILLIQUIST; JACK WEISS
AB18930 1. WORKSESSION REGARDING PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE CITY’S CRITICAL AREAS ORDINANCE (BMC 16.55)
See action under Public Hearing section.
AB18931 2. WORKSESSION REGARDING PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE CITY’S CRITICAL AREAS ORDINANCE (BMC 16.60)
See action under Public Hearing section.
PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: CHAIR, BARRY BUCHANAN; STAN SNAPP; JACK WEISS
AB18935 1. NOISE VARIANCE REQUEST FOR NIGHT WORK ON THE 12TH STREET WATERMAIN REPLACEMENT PROJECT, EW-176
BB / SS moved to approve the noise variance request to BMC 10.24.120(4) to allow night work on the 12th Street Watermain Replacement project. MOTION CARRIED 7-0.
APPROVED
AB18936 2. WORKSESSION REGARDING PROPOSED SURFACE AND STORM WATER UTILITY [SSWU] IMPERVIOUS SURFACE MAPPING AND BILLING CHANGES
Council Member Buchanan reported that during committee, the Council had directed staff to initiate the action to adjust those accounts with overcharges immediately. And, to adjust those accounts that were undercharged, starting in January 2011, with prior notification going to those residents.
DIRECTION TO STAFF
AB18937 3. DISCUSSION OF BIOCHEMICAL OXYGEN DEMAND [BOD] AT POST POINT WASTE WATER TREATMENT PLANT AND PROGRESS UPDATE ON PRETREATMENT PROGRAM
Information only.
INFO ONLY
LAKE WHATCOM RESERVOIR & NATURAL RESOURCES
MEMBERS: CHAIR, MICHAEL LILLIQUIST; BARRY BUCHANAN; STAN SNAPP
AB18848 Resolution #2010-22
1. RESOLUTION TO ADOPT 2010 – 2014 LAKE WHATCOM MANAGEMENT PROGRAM WORK PLAN

A RESOLUTION ADOPTING THE LAKE WHATCOM MANAGEMENT PROGRAM 2010-2014 WORK PLAN.”

ML / TB moved final approval of Resolution #2010-22. MOTION CARRIED 7-0
Res. 2010-22
APPROVED; worksession to be 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 Member Weiss informed the Council and citizens on the good outcome the community has had in working with the Environmental Protection Agency and Oeser Company with regard to contamination in the Birchwood and Columbia Neighborhoods.
EXECUTIVE SESSION - Report only.
1. Litigation: PSE v. City of Bellingham: Staff provided an update on a litigation matter. Information only. No action taken.NO ACTION
2. Litigation: Whitworth Park v. City of Bellingham: Staff provided information on a litigation matter.

JW / SS moved to authorize the assistance of outside counsel on this matter. MOTION CARRIED 7-0.
APPROVED
3. 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.
AB18938 2. MAYOR’S REAPPOINTMENT OF DAWN STURWOLD AS THE HEARING EXAMINER FOR THE CITY OF BELLINGHAM
BB / SS moved to authorize the Mayor’s reappointment of Dawn Sturwold as the Hearing Examiner for the City of Bellingham. MOTION CARRIED 7-0.

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.
AB18939 Resolution #2010-23
1. A RESOLUTION IN SUPPORT OF CONTINUING THE MULTI-AGENCY COORDINATION CENTER IN WHATCOM COUNTY

A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON IN SUPPORT OF CONTINUING THE MULTI-AGENCY COORDINATION CENTER IN WHATCOM COUNTY.”
Res. 2010-23
(Consent Agenda)
AB18940 2. AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN CITY OF BELLINGHAM AND WHATCOM COUNTY TELECOMMUNICATIONS SERVICE(Consent Agenda)
AB18941 3. BID AWARD TO PROVIDE AND INSTALL SERVICE BODY AND CRANE ON EXISTING 2005 FORD F-550XL, 2WD CAB AND CHASSIS TRUCK(Consent Agenda)
AB18942 4. BID AWARD FOR 40TH STREET RESERVOIR SEALING AND LINING OF THE STRUCTURE(Consent Agenda)
AB18943 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JULY 16, 2010 TO JULY 23, 2010.(Consent Agenda)
AB18944 6. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JULY 23, 2010 TO JULY 30, 2010.(Consent Agenda)
AB18945 7. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM JULY 1, 2010 TO JULY 15, 2010.

JW / TB moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0.
CONSENT AGENDA APPROVED IN ITS ENTIRETY

FINAL CONSIDERATION OF ORDINANCES
AB18891 1. CB 13625

AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO THE BELLINGHAM MUNICIPAL CODE, TITLE 20, LAND USE AND DEVELOPMENT CODE, ZONING APPENDIX, GUIDE MERIDIAN/CORDATA NEIGHBORHOOD TABLE OF ZONING REGULATIONS FOR AREA 17B TO ALLOW OFFICES AS DEFINED IN BELLINGHAM MUNICIPAL CODE 20.08.020 O. (1).

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 #2010-08-045

Ord. 2010-08-045
APPROVED
AB18926 2. CB 13632
AN ORDINANCE RELATING TO THE 2010 BUDGET REORGANIZING STAFFING IN VARIOUS DEPARTMENTS IN ORDER TO PROVIDE AN OVERALL REDUCTION IN GENERAL FUND EXPENDITURES AND PROVIDING FOR ADDITIONAL STAFF AT THE WHATCOM MUSEUM TO BE PARTIALLY FUNDED BY $25,242.00 IN REVENUE FROM THE MUSEUM FOUNDATION; PLACING THE NET SALARY AND BENEFIT SAVINGS OF $255,278.00 FOR THE GENERAL FUND, $157,427.00 FOR THE STREET FUND, $2,843.00 FOR THE WORKERS' COMPENSATION FUND, AND $11,375.00 FOR THE HEALTH BENEFITS FUND IN ESTIMATED ENDING RESERVES; AND DECREASING COMMUNITY DEVELOPMENT BLOCK GRANT RESERVES BY $4,300.00.

SS / TB 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 #2010-08-046
Ord. 2010-08-046
APPROVED
AB18608 3. CB 13633
AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, ORDERING THE IMPROVEMENT OF 34TH STREET SEWER BETWEEN TAYLOR STREET AND DONOVAN AVENUE, ALL IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 2010-16 OF THE CITY COUNCIL; ESTABLISHING THE LOCAL IMPROVEMENT DISTRICT (NUMBER 1109) AND ORDERING THE CARRYING OUT OF THE PROPOSED IMPROVEMENT; DESCRIBING THE METHOD OF ASSESSMENT; PROVIDING THAT PAYMENT FOR THE IMPROVEMENT BE MADE BY SPECIAL ASSESSMENT UPON THE PROPERTY IN THE DISTRICT.

BB / TB 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 #2010-08-047
Ord. 2010-08-047
APPROVED
AB18924 4. CB 13634
AN ORDINANCE RELATING TO THE 2010 BUDGET RECOGNIZING RECEIPT OF A $61,994.14 DEPARTMENT OF HOMELAND SECURITY GRANT AND APPROPRIATING $61,994.14 OF GRANT EXPENDITURES IN THE GENERAL FUND.

SS / TB 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 #2010-08-048
Ord. 2010-08-048
APPROVED
AB18925 5. CB 13635

AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $14,665.81 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE GOLF COURSE FUND TO REPAIR THE CLUBHOUSE ROOF.

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 #2010-08-049
Ord. 2010-08-049
APPROVED
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:35 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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