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CITY COUNCIL AGENDA FOLLOW UP: July 25, 2011

Call to Order
Announcements & Upcoming Meetings:
    On Monday, July 25th, 10:00 a.m. to 12:00 p.m., in the Mayor’s Boardroom, there will be a special meeting of the Council’s Planning and Community Development Committee to receive an economic analysis report regarding incentives for affordable housing.
    On Monday, August 1st, 7:00 p.m., there will be a Public Hearing to consider the Geneva/Idaho Annexation of approximately 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 Council Member Fleetwood.
Roll Call
All present.
Approval of Minutes
WEISS KNUTSON moved approval of the July 11, 2011 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0.
APPROVED
15-Minute Public Comment Period

Presentation
AB19271 1. Presentation of the 2010 Wastewater Treatment Plant Outstanding Performance Award from the Department of Ecology
Information only.
Information only.
Public Hearing(s)
AB19272 1. Consideration of public comment regarding application for Bureau of Justice Grant in the amount of $22,744
Public hearing held.
Information only.
Public hearing held.
Information only.
AB19273 2. Consideration of amendments to BMC Titles 20 and 21 code sections dealing with the annual Comprehensive Plan/Neighborhood Plan amendment process

AN ORDINANCE RELATED TO LAND USE REGULATIONS, AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 20.20 AND SECTION 21.10.150.B.1. TO CLARIFY COMPREHENSIVE PLAN AMENDMENT PROCEDURES, ADD DOCKETING CRITERIA, AND REVISE THE DECISION CRITERIA.”
Public hearing held.
WEISS / KNUTSON moved to postpone consideration for one week, to the next regular meeting, to clarify wording. MOTION CARRIED 7-0
Public hearing held.
POSTPONED TO 8/1/11
AB19274 3. Consideration of amendments to BMC Title 20 to change the setback and landscape requirements within Residential Planned and Industrial Planned zones.

AN ORDINANCE AMENDING THE BELLINGHAM MUNICIPAL CODE (BMC) 20.38.050.B. AND BMC 20.38.050.D. TO CHANGE THE SETBACK REQUIREMENTS FOR BUILDINGS, PARKING/LOADING AREAS, AND LANDSCAPING/SCREENING REQUIREMENTS WITHIN A RESIDENTIAL PLANNED AND INDUSTRIAL PLANNED ZONE, AND AMENDMENT BMC 20.12.030.C.2. REGARDING LANDSCAPING IN SETBACKS WITHIN AN INDUSTRIAL GENERAL USE TYPE.”
Public hearing held.
KNUTSON / WEISS moved approval for first and second reading. MOTION CARRIED 7-0
Public hearing held.
1ST & 2ND APPROVED
Planning & Community Development
Members: Chair, Jack Weiss; Michael Lilliquist; Seth Fleetwood; Gene Knutson
AB19275 1. Staff presentation regarding recommended changes to the scope of the Bellingham Comprehensive Plan update project

WEISS / BORNEMANN moved to approve Option 2 as recommended by staff, which would reduce the current project scope and defer the major update to meet the new 2016 deadline; and reassign staff resources to other projects as appropriate. MOTION CARRIED 7-0
DIRECTION TO STAFF
Public Works / Public Safety
Members: Chair, Barry Buchanan; Jack Weiss; Gene Knutson
AB19276 1. Bid opening and recommendation for award of bid for Central Avenue Improvements (Bid #47B-2011)

BUCHANAN / KNUTSON moved to award Bid No.47B-2011 for Central Avenue Improvements to Razz 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 $1,602,734.47. MOTION CARRIED 6-1, WEISS opposed.
APPROVED
AB19277 2. Bid opening and recommendation for award of bid for Eldridge Municipal Landfill Interim Action (Bid #48B-2011)

BUCHANAN / WEISS moved to award Bid No. 48B-2011 for Eldridge Municipal Landfill Interim Action to Glacier Environmental Services, Inc. of Mukilteo, 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 $656,353.86. MOTION CARRIED 7-0.
APPROVED
AB19278 3. Post Point Improvements Update

Information only.
Information only.
Finance & Personnel
Members: Chair, Michael Lilliquist; Barry Buchanan; Seth Fleetwood
AB19279 1. An ordinance approving certain additions, betterments and improvements to the City’s combined Water and Sewage System and the issuance of “Water & Sewer Revenue Bonds, 2011”

AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON APPROVING CERTAIN ADDITIONS, BETTERMENTS AND IMPROVEMENTS TO THE CITY’S COMBINED WATER AND SEWAGE SYSTEM; AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $48,000,000 TO PAY COSTS OF SAID IMPROVEMENTS; DELEGATING AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS; AND RESERVING THE RIGHT TO ISSUE REVENUE BONDS ON A PARITY WITH THE BONDS UPON COMPLIANCE WITH CERTAIN CONDITIONS.”

KNUTSON / BORNEMANN moved approval for first and second reading. MOTION CARRIED 6-1, WEISS opposed.
1st & 2nd APPROVAL
AB19280 2. Review of 2nd Quarter Finance Report

Information only.
Information only.
AB19281 3. A Resolution authorizing investment of City of Bellingham monies in the local government investment pool

A RESOLUTION AUTHORIZING INVESTMENT OF CITY OF BELLINGHAM MONIES IN THE LOCAL GOVERNMENT INVESTMENT POOL.”

LILLIQUIST / KNUTSON moved final approval of Resolution #2011-14. MOTION CARRIED 7-0.
Res. 2011-14
APPROVED
AB19282 4. 2011 Budget Ordinance reclassifying a Police Lieutenant position to a Deputy Chief position

AN ORDINANCE AMENDING THE 2011 BUDGET RECLASSIFYING ONE GENERAL FUND POLICE LIEUTENANT POSITION TO DEPUTY POLICE CHIEF, WHERE NO ADDITIONAL APPROPRIATION OR REALLOCATION OF FUNDS WILL BE REQUIRED.”

LILLIQUIST / BUCHANAN moved approval for first and second reading. MOTION CARRIED 7-0.
1ST & 2ND APPROVED
Committee Of The Whole
Chair, Stan Snapp
AB19283 1. Recodification of the Bellingham Municipal Code

KNUTSON / BUCHANAN moved to authorize the Mayor to enter into a contract with Code Publishing for recodification of the Bellingham Municipal Code. MOTION CARRIED 7-0.
APPROVED
          2. Approval of City Council Committee and/or Special Meeting minutes

None submitted at evening meeting.
          3. Old/New business

Council Member Lilliquist asked staff to present an update on possibilities for the city to work with citizens similar to Portland’s ‘greenstreets’.

Council Member Lilliquist will work with David Webster, Chief Administrative Office, to explore ways the city can support returning veterans.

Council Member Weiss raised concern about the temporary signage as described by Steve Crooks during Public Comment. The City Attorney explained that there are provisions in the code, which may need more involvement by code enforcement. Staff will review the code and report back to council.
Executive Session
Report and action.
1. Potential Property Acquisition: Staff provided information on a potential property acquisition. Information only. No action taken.No action
2. Potential Litigation: Tomszak v. Washington State Department of Ecology: Staff provided information on a potential litigation matter.

BORNEMANN / KNUTSON moved to intervene in Douglas Tomczak v. Department of Ecology, State of Washington before the Shoreline Hearings Board. MOTION CARRIED 7-0.
APPROVED
3. Litigation: MacMillan v. City of Bellingham: Staff provided information on a litigation matter. Information only. No action taken.
No action
4. Litigation: Jewels v. City of Bellingham: Staff provided information on a litigation matter. Information only. No action taken.
No action
5. To receive and evaluate a complaint against a public officer: Discussion 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.

No items presented.
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.
AB19284 1. An Ordinance repealing Bellingham Municipal Code Chapter 4.18

AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON REPEALING BELLINGHAM MUNICIPAL CODE CHAPTER 4.18, WHICH ESTABLISHED THE MOTOR VEHICLE INTOXICATION FUND.”
1st & 2nd
(Consent Agenda)
AB19285 2. An Ordinance repealing Bellingham Municipal Code Chapter 4.42

AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON REPEALING BELLINGHAM MUNICIPAL CODE CHAPTER 4.42, WHICH ESTABLISHED THE MOUNT BAKER THEATRE FUND.”
1st & 2nd
(Consent Agenda)
AB19286 3. Authorization of check issue for accounts payable from July 1, 2011 to July 7, 2011(Consent Agenda)
AB19287 4. Authorization of check issue for accounts payable from July 8, 2011 to July 14, 2011(Consent Agenda)
AB19288 5. Authorization of check issue for payroll from June 25, 2011 to July 8, 2011

LILLIQUIST / BUCHANAN moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0.
CONSENT AGENDA APPROVED IN ITS ENTIRETY
Final Consideration Of Ordinances
AB19147 1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELLINGHAM REGULATING RETAIL ESTABLISHMENTS’ PROVISION OF SINGLE-USE CARRYOUT BAGS

KNUTSON / BUCHANAN 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 #2011-07-034
Ord. 2011-07-034 APPROVED
AB19253 2. 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 RATIO DEFINITIONS TO SIMPLIFY AND COORDINATE THE TWO DEFINITIONS

BORNEMANN / KNUTSON 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 #2011-07-035
Ord. 2011-07-035
APPROVED
AB19254 3. 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

KNUTSON / BORNEMANN 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 #2011-07-036
Ord. 2011-07-036
APPROVED
AB19256 4. AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE SUBSECTIONS 19.04.110 E, 19.04.120 B & C RELATED TO USE AND REFUNDS OF IMPACT FEES

LILLIQUIST / BORNEMANN 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 #2011-07-037
Ord. 2011-07-037
APPROVED
AB19257 5. 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

BORNEMANN / LILLIQUIST 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 #2011-07-038
Ord. 2011-07-038
APPROVED
AB19263 6. 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

WEISS / KNUTSON 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 #2011-07-039
Ord. 2011-07-039
APPROVED
AB19264 7. 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


WEISS / FLEETWOOD 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 #2011-07-040
Ord. 2011-07-040
APPROVED
Adjournment
There being no further business, the meeting adjourned at 9:18 p.m.
Next City Council Meeting
Monday, August 1, 2011
Deadline to submit material for the public hearing for
inclusion in the published agenda packet:
Wednesday, July 27, 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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