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CITY COUNCIL AGENDA FOLLOW UP: November 09, 2009

CALL TO ORDER
ANNOUNCEMENTS & UPCOMING MEETINGS:
    On November 16 @ 1:00 p.m. in the Mayor's Board Room there will be a City Council Worksession regarding the 2010 Preliminary Budget.
    On November 23 @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding the Proposed 2010 Budget.
    On November 23 @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding the final draft of the Shoreline Master Program.
    On December 7 @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding Central Business District, Area 21 (Bandell Property) Rezone.

Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
PLEDGE OF ALLEGIANCE
Led by Council President Buchanan
ROLL CALL
All present.
APPROVAL OF MINUTES
GK / JW moved approval of the October 5 and October 19, 2009 minutes of the regular Council Meetings as submitted. MOTION CARRIED 7-0.
APPROVED
PUBLIC COMMENT PERIOD
PUBLIC HEARING
AB18641 1. A PUBLIC HEARING TO CONSIDER TEXT AMENDMENTS TO THE SOUTH HILL NEIGHBORHOOD PLAN
Public hearing held.
TB / GK moved to direct staff to prepare an ordinance approving the amendments to the South Hill Neighborhood Plan to be included in the Comprehensive Plan amendments to be considered by City Council at year end. MOTION CARRIED 7-0.
Public hearing held.
DIRECTION TO STAFF
AB18642 2. A COMPREHENSIVE PLAN AMENDMENT, REZONE AND DEVELOPMENT AGREEMENT FOR APPROXIMATELY 35 ACRES IN AREA 17 OF THE GUIDE MERIDIAN/CORDATA NEIGHBORHOOD
Public hearing held.
JW / GK moved to postpone consideration to November 23, 2009.
GK withdrew second. Motion died for lack of second.
LB / SS moved to direct staff to prepare an ordinance, with worksession, approving the Comprehensive Plan amendment and rezone to be included in the Comprehensive Plan amendments considered by the City Council at year end. MOTION CARRIED 7-0.
BAR / TB moved to direct staff to consider, as a condition of the rezone, 10% of the units being set aside for permanently affordable housing and for council to consider this option as an amendment, during the worksession on November 23rd. MOTION CARRIED 7-0.

BREAK
Council President Buchanan called the meeting back to order at 9:21 p.m.
Public hearing held.
2 - DIRECTIONS TO STAFF
COUNCIL STANDING COMMITTEE MEETINGS:
PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: TERRY BORNEMANN, CHAIR; BARBARA RYAN; JACK WEISS; LOUISE BJORNSON
    AB18604 CB 13563
    1. AN ORDINANCE ADOPTING THE SAMISH WAY URBAN VILLAGE SUBAREA PLAN AND CORRESPONDING CHANGES TO THE ZONING AND DEVELOPMENT REGULATIONS

    “AN ORDINANCE RELATED TO LAND USE PLANNING AND ZONING FOR THE SAMISH WAY URBAN VILLAGE SUBAREA PLAN, AMENDING LAND USE AREAS 15, 16 AND A PORTION OF AREA 14 OF THE SEHOME NEIGHBORHOOD; AMENDING LAND USE AREA 8 AND A PART OF AREA 5 OF THE YORK NEIGHBORHOOD; AND AMENDING THE LAND USE DEVELOPMENT CODE (TITLE 20) FOR THE PURPOSE OF ADOPTING THE SAMISH WAY URBAN VILLAGE SUBAREA PLAN AND ASSOCIATED DEVELOPMENT REGULATIONS.”
TB / JW moved to include Option B as described in the staff report with additional clarification of the specific requirements. MOTION CARRIED 7-0.
GK / LB moved approval for first and second reading as amended in staff report. MOTION CARRIED AS AMENDED 7-0.
CB 13563
APPROVED AS AMENDED
AB18605 CB 13564
    2. AN ORDINANCE AMENDING BMC 20.25 TO ESTABLISH DESIGN GUIDELINES AND STANDARD AND A REVIEW PROCESS FOR BUILDINGS DEVELOPED WITHIN URBAN VILLAGES

    “AN ORDINANCE RELATED TO LAND USE REGULATIONS, AMENDING BELLINGHAM MUNICIPAL CODE SECTIONS 20.25.020 AND 20.25.040 AND ADDING A NEW SECTION 20.25.070 REGARDING URBAN VILLAGE DESIGN.”
TB / BAR moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13564
APPROVED
AB18643 Resolution #2009-34
3. “A RESOLUTION ADOPTING A FEE SCHEDULE PAYABLE TO THE LAKE WHATCOM WATERSHED PROPERTY ACQUISITION PROGRAM IN EXCHANGE FOR FLOOR AREA DEVELOPMENT BONUSES IN THE SAMISH WAY URBAN VILLAGE.”
TB / BAR moved to split the fee between Lake Whatcom Watershed Acquisition and Permanently Affordable Housing.
TB / BAR withdrew motion.
GK / JW moved final approval of Resolution #2009-34. MOTION CARRIED 7-0.
Res. 2009-34
APPROVED
AB18644 4. PRESERVE AMERICA GRANT PROJECT STATUS: NATIONAL REGISTER DISTRICT NOMINATIONS
Information only.
INFO ONLY
AB18645 5. TOURISM FUND 2010 BUDGET UPDATE
TB / BAR moved to direct staff to allocate $375,000 to the Bellingham-Whatcom Tourism Bureau in 2010. MOTION CARRIED 7-0
APPROVED
DIRECTION TO STAFF
PARKS AND RECREATION
MEMBERS: BARBARA RYAN, CHAIR; LOUISE BJORNSON, TERRY BORNEMANN
AB18646 Resolution #2009-35
1. RESOLUTION ADOPTING 2010 RATE INCREASE FOR BAYVIEW CEMETERY

“A RESOLUTION ESTABLISHING FEES FOR BAYVIEW CEMETERY.”
BAR / LB moved final approval of Resolution #2009-35. MOTION CARRIED 7-0.

Res. 2009-35
APPROVED
PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: LOUISE BJORNSON, CHAIR; GENE KNUTSON; STAN SNAPP
AB18647 1. SURPLUS CENTRIFUGES
LB / SS moved to authorize the sale of two surplus centrifuges. MOTION CARRIED 7-0.
APPROVED
AB18648 CB 13565
2. AN ORDINANCE READOPTING BELLINGHAM MUNICIPAL CODE CHAPTER 2.28 RELATING TO THE PUBLIC WORKS ADVISORY BOARD AND REPEALING THE “SUNSET CLAUSE” IN SECTION 2.28.050

“AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, READOPTING BELLINGHAM MUNICIPAL CODE CHAPTER 2.28, RELATING TO THE PUBLIC WORKS ADVISORY BOARD, AND REPEALING SECTION 2.28.050.”

LB / SS moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13565
APPROVED
FINANCE & PERSONNEL
MEMBERS: GENE KNUTSON, CHAIR; LOUISE BJORNSON; STAN SNAPP
AB18623A CB 13566
1. AN ORDINANCE ADOPTING A PROPERTY TAX LEVY AND RESOLUTION MAKING A DECLARATION OF SUBSTANTIAL NEED

“AN ORDINANCE RELATING TO THE 2010 BUDGET AND SETTING THE AD VALOREM AND FOREST EXCISE TAX LEVIES FOR 2010 AND ALSO SETTING FORTH THE PERCENTAGE AND DOLLAR RATE OF INCREASE FOR THE REGULAR PROPERTY TAX LEVY FOR 2010.”
GK / BAR moved approval for first and second reading. MOTION CARRIED 7-0.

AB18623B Resolution #2009-36
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELLINGHAM, WASHINGTON MAKING A DECLARATION OF SUBSTANTIAL NEED FOR PURPOSES OF SETTING THE LIMIT FACTOR FOR THE PROPERTY TAX LEVY FOR 2010.”

BAR / JW moved final approval of Resolution #2009-36. MOTION CARRIED 7-0.
CB 13566
APPROVED









Res. 2009-36
APPROVED
AB18632 2. CONTINUATION OF DEPARTMENTAL BUDGET SUMMARIES FOR THE 2010 PRELIMINARY BUDGET
Presentations made during committee by Judicial & Support Services, Police, Legal, Hearing Examiner, and Finance. Executive presentation will be made at the November 23 worksession. Information only.
INFO ONLY
(Executive presentation on 11/23)
COMMITTEE OF THE WHOLE
MEMBERS: BARRY BUCHANAN, CHAIR
AB18649 1. PROPOSED LEGISLATIVE AGENDA FOR 2010
LB / GK moved to approve the 2010 Legislative Agenda as amended during committee. MOTION CARRIED 7-0.
APPROVED AS AMENDED
AB18650 2. ESTABLISHMENT OF A CAPITAL FACILITIES ADVISORY TASK FORCE
BAR / LB moved to authorize the formation of a Capital Facilities Advisory Task Force. MOTION CARRIED 7-0.
APPROVED
3. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
None submitted at evening meeting.
4. OLD/NEW BUSINESS
See after Consent Agenda.
SEE AFTER CONSENT AGENDA
EXECUTIVE SESSION – Report only.
1. POTENTIAL LITIGATION: Staff provided an update on a potential litigation. No action was taken.NO ACTION
2. POTENTIAL PROPERTY ACQUISITION: City staff provided an update on the City's potential purchase of an approximately 4.78 acre parcel of real property at 325 Van Wyck Road for purposes of park development. Staff advised that the total purchase price of the property is $900,000.00 and the closing of the purchase is to take place no later than November 19, 2009.
JW / GK moved to authorize staff to close on the purchase of the property at a total cost of $900,000.00. MOTION CARRIED 7-0
APPROVED
3. POTENTIAL PROPERTY ACQUISITION: City staff provided an update on the City's potential purchase of an approximately 5.09 acre parcel of real property at 301 Van Wyck Road for purposes of park development. Staff advised that the total purchase price of the property is $900,000.00 and that closing of the purchase is to take place no later than January 23, 2010.
LB / TB moved to authorize staff to close on the purchase of the property at a total cost of $900,000.00. MOTION CARRIED 7-0.
APPROVED
4. POTENTIAL PROPERTY ACQUISITION: City staff provided an update on the City's potential purchase of an approximately 10.03 acre parcel of real property at 347 Van Wyck Road for purposes of park development. Staff advised that the total purchase price of the property is $1,525,000.00 and the closing of the purchase is to take place no later than November 19, 2009.
GK / JW moved to authorize staff to close on the purchase of the property at a total cost of $1,525,000.00. MOTION CARRIED 7-0.
APPROVED
5. POTENTIAL PROPERTY ACQUISITION: City staff provided information on a potential property acquisition. No action as taken.NO ACTION
6. LITIGATION: Ebenal v. City of Bellingham: An update was provided to council on a pending litigation matter. No action was taken.NO ACTION
7. POTENTIAL LITIGATION: City staff provided information on a potential litigation matter. No action was taken.NO ACTION
MAYOR'S REPORT
AB18651 1. REAPPOINTMENT OF RUD BROWNE TO THE BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY BOARD
JW / SS moved to authorize the Mayor to reappoint Rud Browne to the Bellingham Public Development Authority board, term expiring July 21, 2012. MOTION CARRIED 7-0.
APPROVED
AB18652 2. APPOINTMENT OF GARY WILLIAMS TO THE BELLINGHAM-WHATCOM COUNTY HOUSING AUTHORITIES BOARD
SS / TB moved to authorize the Mayor to appoint Gary Williams to the Bellingham-Whatcom County Housing Authorities Board, term expiring April 18, 2014. 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. 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.
AB18653 CB 13567
1. BUDGET AMENDMENT TO ALLOW FOR RECEIPT AND EXPENDITURE OF WASHINGTON STATE CDBG PROGRAM NEIGHBORHOOD STABILIZATION PROGRAM FUNDS TOTALING $343,666

AN ORDINANCE RELATING TO THE 2009 BUDGET TO ACCOUNT FOR THE RECEIPT OF A GRANT FROM THE WASHINGTON STATE DEPARTMENT OF COMMERCE FOR $343,666.00 AND APPROPRIATING RELATED EXPENDITURES IN THE GENERAL FUND ASSOCIATED WITH THE PURCHASE OF FORECLOSED PROPERTY.”
CB 13567
(Consent Agenda)
AB18654 CB 13568
2. BUDGET ORDINANCE TO ALLOW FOR RECEIPT AND SPENDING OF GRANT FUNDS FROM WASHINGTON TRAFFIC SAFETY COMMISSION TOTALING $1,000.00

"AN ORDINANCE RELATING TO THE 2009 BUDGET TO ACCOUNT FOR THE RECEIPT OF A $1,000.00 GRANT FROM THE WASHINGTON TRAFFIC SAFETY COMMISSION TO THE BELLINGHAM POLICE DEPARTMENT AND APPROPRIATING RELATED EXPENDITURES FOR OVERTIME IN THE GENERAL FUND ASSOCIATED WITH NIGHT TIME SEAT BELT ENFORCEMENT."
CB 13568
(Consent Agenda)
AB18655 CB 13569
3. APPROPRIATION OF FUNDS FROM GREENWAYS ENDOWMENT INTEREST INCOME

“AN ORDINANCE RELATING TO THE 2009 BUDGET TRANSFERRING $5,000 FROM THE GREENWAY ENDOWMENT FUND TO THE GENERAL FUND AND APPROPRIATING $5,000 IN THE GENERAL FUND FOR EXPENDITURES RECOMMENDED BY THE GREENWAYS ADVISORY COMMITTEE.”
CB 13569
(Consent Agenda)
AB18656 4. BID AWARD FOR PRECAST CONCRETE PRODUCTS BID NO. 88B-2009(Consent Agenda)
AB18657 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM OCTOBER 9, 2009 to OCTOBER 16, 2009.(Consent Agenda)
AB18658 6. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM OCTOBER 16, 2009 to OCTOBER 23, 2009.(Consent Agenda)
AB18659 7. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM OCTOBER 23, 2009 to OCTOBER 30, 2009.(Consent Agenda)
AB18660 8. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM OCTOBER 1, 2009 to OCTOBER 15, 2009.

GK / SS moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0.
CONSENT AGENDA APPROVED IN ITS ENTIRETY
OLD & NEW BUSINESS

JW / TB moved to direct staff to establish a fund for Affordable Housing. MOTION CARRIED 7-0.
DIRECTION (FINANCE) TO STAFF
FINAL CONSIDERATION OF ORDINANCES
AB18629 1. CB 13560
AN ORDINANCE RELATING TO THE 2009 BUDGET APPROPRIATING $237,500.00 ADDITIONAL FUNDS FROM ESTIMATED ENDING DESIGNATED RESERVE IN THE CLAIMS AND LITIGATION FUND FOR PAYMENT OF JUDGMENTS AND DAMAGES FOR UNANTICIPATED COSTS RELATING TO A SETTLEMENT.

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: BJORNSON, BORNEMANN, BUCHANAN, KNUTSON, BARBARA RYAN, SNAPP, WEISS
NAYS:
ABSTENTIONS:
EXCUSED:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-11-066
Ord. 2009-11-066
APPROVED
AB18630 2. CB 13561
AN ORDINANCE RELATING TO THE 2009 BUDGET APPROPRIATING $1,315,000.00 OF ADDITIONAL REVENUE AND EXPENSES FOR THE DESIGN AND CONSTRUCTION OF THE OHIO/KING/I-5 RAMP PROJECT. THE FUNDING CONSISTS OF A FEDERAL HIGHWAY INDIRECT GRANT OF $315,000 AND $1,000,000.00 INTERLOCAL SERVICE REVENUE AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND THE STATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION

BAR / 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: BJORNSON, BORNEMANN, BUCHANAN, KNUTSON, BARBARA RYAN, SNAPP, WEISS
NAYS:
ABSTENTIONS:
EXCUSED:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-11-067
Ord. 2009-11-067
APPROVED
AB18635 3. CB 13562
AN ORDINANCE RELATING TO THE 2009 BUDGET TO ACCOUNT FOR THE RECEIPT OF A WASHINGTON TRAFFIC SAFETY COMMISSION GRANT FOR $3,000.00 AND APPROPRIATING RELATED 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: BJORNSON, BORNEMANN, BUCHANAN, KNUTSON, BARBARA RYAN, SNAPP, WEISS
NAYS:
ABSTENTIONS:
EXCUSED:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-11-068
Ord. 2009-11-068
APPROVED
ADJOURNMENT
There being no further business, the meeting was adjourned at 10: 25 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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