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CITY COUNCIL AGENDA FOLLOW UP: July 11, 2011

CALL TO ORDER
ANNOUNCEMENTS & UPCOMING MEETINGS:
    On Monday, July 25 at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding changes to the Bellingham Municipal Code to change the setback requirements for buildings, parking/loading areas and landscaped areas within residential and industrial planned zones.
    On Monday, July 25, at 7:00 p.m. in City Council Chambers there will be a Public Hearing regarding the annual comprehensive plan/neighborhood plan amendment process; additional docketing review criteria; procedural changes to the docketing process; and, new plan amendment decision criteria.
    On Monday, August 1, at 7:00 p.m. in City Council Chambers there will be a Public Hearing to consider a Geneva/Idaho annexation of 6.1 acres adjacent to the eastern boundary of the city limits.

Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
PLEDGE OF ALLEGIANCE
Led by Chuck Robinson.
ROLL CALL
All present.
APPROVAL OF MINUTES

KNUTSON / BUCHANAN moved approval of the June 6, 2011 minutes of the regular City Council meetings as submitted. MOTION CARRIED 7-0.

KNUTSON / BUCHANAN moved approval of the June 20, 2011 minutes of the regular City Council meetings as submitted. MOTION CARRIED 6-0-1, SNAPP abstained.
APPROVED
PRESENTATIONS (Item 2 heard first)
AB19252 2. RESOLUTION IN SUPPORT OF AMERICAN ALPS LEGACY PROPOSAL

A RESOLUTION IN SUPPORT OF AMERICAN ALPS LEGACY PROPOSAL.”
FLEETWOOD / WEISS moved final approval of Resolution #2011-12. MOTION CARRIED 7-0.
Res. 2011-12
APPROVED
AB19251 1. RECOGNITION OF WINNERS OF THE 2011 ESSENCE OF BELLINGHAM PHOTOGRAPHY COMPETITION
Information only.
Information only.
15-MINUTE PUBLIC COMMENT PERIOD


Lake Whatcom Reservoir & Natural Resources (moved to follow Public Comment)
Members: Chair, Seth Fleetwood; Michael Lilliquist; Barry Buchanan; Gene Knutson
AB19147 1. AN ORDINANCE OF THE CITY COUNCIL REGULATING RETAIL ESTABLISHMENTS’ PROVISION OF SINGLE-USE CARRYOUT BAGS

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELLINGHAM REGULATING RETAIL ESTABLISHMENTS’ PROVISION OF SINGLE-USE CARRYOUT BAGS.”
FLEETWOOD / KNUTSON moved approval for first and second reading. MOTION CARRIED 7-0.
1st & 2nd
APPROVED
PUBLIC HEARINGS
AB19253 1. AN ORDINANCE TO AMEND THE BELLINGHAM MUNICIPAL CODE TO CHANGE THE DEFINITIONS OF “FLOOR AREA OR SPACE” AND “FLOOR AREA RATIO”

AN ORDINANCE RELATED TO LAND USE REGULATIONS AND AMENDING BELLINGHAM MUNICIPAL CODE 20.08.020 F. 2 AND 20.080.020 F.3 - SPECIFIC DEFINITIONS RELATING TO CHANGES TO THE FLOOR AREA OR SPACE AND FLOOR AREA RATION DEFINITIONS TO SIMPLIFY AND COORDINATE THE TWO DEFINITIONS.”
Public hearing held.
KNUTSON / BUCHANAN moved approval for first and second reading. MOTION CARRIED 7-0.
Public hearing held.
1st & 2nd
APPROVED
AB19254 2. AN ORDINANCE TO AMEND BELLINGHAM MUNICIPAL CODE TITLE 20 TO ALLOW CERTAIN STRUCTURES AND ARCHITECTURAL FEATURES TO ENCROACH INTO A BUILDING SETBACK, MODIFY THE FRONT YARD SETBACK OPTION AND REFORMAT RESIDENTIAL SETBACKS INTO TABLES.

AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE 20.10.080, 20.30.040 F., 20.32.040 H., 20.32.045 E., 20.32.050 D., TO ALLOW CERTAIN STRUCTURES AND ARCHITECTURAL ELEMENTS TO ENCROACH INTO A REQUIRED YARD (SETBACK), MODIFY THE FRONT YARD SETBACK OPTION TO ALLOW AN AVERAGED BUILDING SETBACK (EXCEPT FOR GARAGES AND CARPORTS) BASED ON MEETING THE 40% REQUIREMENT, AND RE-FORMAT THE RESIDENTIAL AND RESIDENTIAL-MULTI SETBACK STANDARDS INTO A TABLE FORMAT.”
Public hearing held.
KNUTSON / BORNEMANN moved approval for first and second reading.
WEISS / LILLIQUIST moved to amend the ordinance to modify the single family restriction to be more permissive of cantilevered greenhouse windows on the first story only, subject to staff recommendation.
AMENDMENT MOTION CARRIED 7-0.
MAIN MOTION AS AMENDED 7-0
Public hearing held.
1st & 2nd
APPROVED AS AMENDED
AB19150 3. AN ORDINANCE TO PROHIBIT SIGNS IN MEDIANS AND ROUNDABOUTS IN PUBLIC RIGHTS-OF-WAY IN THE CITY OF BELLINGHAM

AN ORDINANCE AMENDING BMC 20.12.040 TO PROHIBIT PLACEMENT OF SIGNS IN MEDIANS AND ROUNDABOUTS LOCATED WITHIN A CITY RIGHT-OF-WAY.”
Public hearing held.
LILLIQUIST / KNUTSON moved to amend definitions, as recommended by staff, to: 1) amend ordinance to change “Median” to “Median Strip”; and 2) add definition: “Median Strip. A paved or planted strip dividing a highway into lanes according to direction of travel.” and 3) add definition: “Roundabout. A road junction at which traffic streams circularly around a central island.”
MOTION CARRIED 7-0.
LILLIQUIST / BUCHANAN moved approval for first and second reading as amended. MOTION CARRIED 7-0
Public hearing held.
1ST & 2ND APPROVED AS AMENDED
Lake Whatcom Reservoir & Natural Resources (moved to follow Public Comment)
Public Works / Public Safety
Members: Chair, Barry Buchanan; Jack Weiss; Gene Knutson
AB19255 1. BAY TO BAKER TRAIL, MULTI-MODAL TRANSPORTATION CONNECTION AND SQUALICUM CREEK RE-ROUTE IN VICINITY OF JAMES STREET AND ORCHARD STREET
KNUTSON / BUCHANAN moved to adopt Alternative 1: bridge at existing location with the trail located 150 feet south of the bridge centerline as recommended by staff. MOTION CARRIED 7-0
ALT. #1 APPROVED
Committee Of The Whole
Chair, Stan Snapp
AB19256 1. AN ORDINANCE AMENDING THE TIME LIMITS FOR USE OR REFUND OF IMPACT FEES

AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE SUBSECTIONS 19.04.110 E, 19.04.120 B & C RELATED TO USE AND REFUNDS OF IMPACT FEES.”
BUCHANAN / LILLIQUIST moved approval for first and second reading. MOTION CARRIED 7-0.
1st & 2nd
APPROVED
AB19257 2. AN ORDINANCE RELATING TO BMC 11.33 PARKING, STANDING, AND STOPPING, AMENDING 11.33.060A.35 AND ADDING 11.33.060A.39

AN ORDINANCE AMENDING BMC 11.33 PARKING, STANDING, AND STOPPING, AMENDING SUBSECTION 11.33.060A.35 AND ADDING A NEW SUBSECTION 11.33.060A.39.”
WEISS / LILLIQUIST moved approval for first and second reading. MOTION CARRIED 7-0.
1st & 2nd
APPROVED
          3. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
None submitted at evening meeting.
          4. OLD/NEW BUSINESS
None presented.
EXECUTIVE SESSION
Report and action in regular meeting only.
1. Claim for Damages re: Ane Soriano, Claim #2011-30: Staff provided information on a claim for damages and seeking authorization to settle.

LILLIQUIST / BORNEMANN moved to authorize the settlement of this claim. MOTION CARRIED 7-0.
APPROVED
2. Litigation: City of Bellingham Appeal of Whatcom County SEPA threshold determinations for the Caitac Rezones, SEPA 2010-00085 and SEPA 2010-00088: Staff provided information on a litigation matter.
    BORNEMANN / BUCHANAN moved to authorize the City to comment on and appeal all Whatcom County decisions approving the Caitac rezones, including the SEPA threshold determinations. MOTION CARRIED 7-0.
    APPROVED
    3. Potential Litigation: Traffic Camera Initiative: Staff provided information on a potential litigation matter.
      BORNEMANN / FLEETWOOD moved to take no action as described in City Charter Section 10.05 (BMC 1.02.080). MOTION CARRIED 7-0.
      APPROVED
      4. Litigation: Whatcom County v. Ledda (City of Bellingham as intervener): Staff provided information regarding a Superior Court case in which the City is an intervenor.
        BORNEMANN / KNUTSON moved to authorize City staff to settle this litigation. MOTION CARRIED 7-0.
        APPROVED
        5. Litigation: Puget Sound Energy v. City of Bellingham: Staff provided an update on a litigation matter. Information only. No action taken.NO ACTION
        6. Potential Litigation: Staff provided information on a potential litigation matter. Information only. No action taken.NO ACTION
        7. Potential Litigation: Staff provided information on a potential litigation matter. Information only. No action taken.NO ACTION
        8. Potential Litigation: Staff provided information on a potential litigation matter.

        LILLIQUIST / KNUTSON moved to authorize the Mayor to enter into a joint representation agreement with a coalition of Washington State cities regarding the scoping of the Environmental Impact Statement for the Pacific International Terminal project. MOTION CARRIED 7-0
          APPROVED
          MAYOR’S REPORT
                  1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.


          Council Member Knutson left Council Chambers.
          AB19258 2. MAYOR’S REAPPOINTMENT OF KEN HERTZ TO THE BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY (BPDA)

          WEISS / BORNEMANN moved to authorize the Mayor’s reappointment of Ken Hertz to the Bellingham Public Development Authority, term ending July 21, 2013. MOTION CARRIED 6-0, KNUTSON excused.
          APPROVED
          AB19259 3. MAYOR’S APPOINTMENT OF BARBARA ALTEN TO THE TRANSPORTATION COMMISSION

          WEISS / BORNEMANN moved to authorize the Mayor’s appointment of Barbara Alten to the Transportation Commission, a partial term ending October 19, 2012. MOTION CARRIED 6-0, KNUTSON excused.
          APPROVED
          AB19260 4. MAYOR’S APPOINTMENT OF RICK QUALLS AND DARLA WOOLMAN TO THE BELLINGHAM-WHATCOM COUNTY COMMISSION AGAINST DOMESTIC VIOLENCE
          Information only.
          Information only.
          AB19261 5. MAYOR’S APPOINTMENT OF JEAN HAMILTON TO THE MAYOR’S NEIGHBORHOOD ADVISORY COMMISSION
          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.
          AB19262 1. RESOLUTION APPROVING EMERGENCY REPAIR OF COLLAPSED SEWER MAIN ON BOULEVARD STREET.

          Res. 2011-13 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 TO THE SEWER SYSTEM ON BOULEVARD STREET.”
          Res. 2011-13
          (Consent Agenda)
          AB19263 2. AN ORDINANCE AUTHORIZING RECEIPT AND SPENDING OF 2009 STATE HOMELAND SECURITY PROGRAM GRANT OF $42,099.

          AN ORDINANCE RELATING TO THE 2011 BUDGET RECOGNIZING RECEIPT OF A $42,099.00 DEPARTMENT OF HOMELAND SECURITY GRANT AND APPROPRIATING $42,099.00 OF GRANT EXPENDITURES IN THE GENERAL FUND.”
          1st & 2nd
          (Consent Agenda)
          AB19264 3. AN ORDINANCE AUTHORIZING RECEIPT AND SPENDING OF 2010 STATE HOMELAND SECURITY PROGRAM GRANT OF $39,785

          AN ORDINANCE RELATING TO THE 2011 BUDGET RECOGNIZING RECEIPT OF A $39,785.00 DEPARTMENT OF HOMELAND SECURITY GRANT AND APPROPRIATING $39,785.00 FOR GRANT EXPENDITURES IN THE GENERAL FUND PLUS AN ADDITIONAL $23,041.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES.”
          1st & 2nd
          (Consent Agenda)
          AB19265 4. BID AWARD FOR FIRE DEPARTMENT EMERGENCY GENERATOR INSTALLATION(Consent Agenda)
          AB19266 5. AN ORDINANCE APPROPRIATING FUNDS FOR SPECIAL LEGAL COUNSEL FOR LAND USE LITIGATION

          AN ORDINANCE RELATING TO THE 2011 BUDGET APPROPRIATING $80,000.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE GENERAL FUND TO BE USED FOR UNANTICIPATED COSTS IN THE LEGAL DEPARTMENT.”
          1ST & 2ND
          (Consent Agenda)
          AB19267 6. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JUNE 10, 2011 TO JUNE 16, 2011 (Consent Agenda)
          AB19268 7. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JUNE 17, 2011 TO JUNE 23, 2011(Consent Agenda)
          AB19269 8. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JUNE 24, 2011 TO JUNE 30, 2011(Consent Agenda)
          AB19270 9. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL LABOR COSTS FROM JUNE 11, 2011 TO JUNE 24, 2011

          BUCHANAN / BORNEMANN moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0, KNUTSON excused.
          CONSENT AGENDA APPROVED IN ITS ENTIRETY
          FINAL CONSIDERATION OF ORDINANCES
          AB19247 1. AN ORDINANCE AMENDING THE 2011 BUDGET APPROPRIATING AN ADDITIONAL $59,200.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE CRIMINAL JUSTICE FUND FOR THE PURPOSE OF PURCHASING RIFLES FOR THE PATROL AND TRAFFIC DIVISIONS OF THE BELLINGHAM POLICE DEPARTMENT

          BUCHANAN / WEISS 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, LILLIQUIST, SNAPP, WEISS
          NAYS:
          ABSTENTIONS:
          EXCUSED: KNUTSON

          MOTION CARRIED 6-0 and was thereafter named Ordinance #2011-07-033
          Ord. 2011-07-033
          APPROVED
          Adjournment
          *There being no further business, the meeting adjourned at 9:14 p.m.
          Next City Council Meeting
          Monday, July 25, 2011
          Deadline to submit material for the public hearing for
          inclusion in the published agenda packet:
          Wednesday, July 20, 2011; 10 AM


          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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