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CITY COUNCIL AGENDA FOLLOW UP: May 10, 2010

CALL TO ORDER
ANNOUNCEMENTS & UPCOMING MEETINGS:
    On May 24, at 7:00 p.m., in Council Chambers there will be a Public Hearing regarding the draft 2011 – 2014 Transportation Improvement Plan also known as the 6-year TIP.
    On June 7, at 7:00 p.m., in Council Chambers there will be a Public Hearing regarding a Neighborhood Plan Amendment to replace the existing Mt. Baker Neighborhood with two new neighborhoods: Irongate and Barkley.
    On June 21, at 7:00 p.m., in Council Chambers there will be a Public Hearing regarding a City initiated area-wide rezone of Area 17B, Guide Meridian/Cordata Neighborhood to allow all office uses as defined in Bellingham Municipal Code Section 20.08.020 O.(1) within this subarea.

Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
PLEDGE OF ALLEGIANCE
Led by Dick Little.
ROLL CALL
All present.
APPROVAL OF MINUTES
None submitted.
NONE SUBMITTED
15-MINUTE PUBLIC COMMENT PERIOD

PRESENTATION
AB18849 1. 2010 WASHINGTON STATE LEGISLATIVE SESSION REPORT
Information only.
INFO ONLY
COUNCIL STANDING COMMITTEE MEETINGS:
FINANCE & PERSONNEL
MEMBERS: CHAIR, STAN SNAPP; BARRY BUCHANAN; MICHAEL LILLIQUIST
AB18850 CB 13615
1. AN ORDINANCE FOR THE RECEIPT AND SPENDING OF A $500,000 GRANT FROM THE DEPARTMENT OF COMMERCE FOR THE COMMUNITY ENERGY CHALLENGE LOAN PROGRAM

“AN ORDINANCE RELATING TO THE 2010 GENERAL FUND BUDGET RECOGNIZING RECEIPT OF A $500,000.00 GRANT FROM THE WASHINGTON STATE DEPARTMENT OF COMMERCE FOR THE ENERGY EFFICIENCY CREDIT ENHANCEMENT PROGRAM, APPROPRIATING $487,500.00 AND PLACING THE REMAINING $12,500.00 IN ESTIMATED ENDING UNDESIGNATED RESERVE.”
SS / BB moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13615
APPROVED
AB18851 2. AN AGREEMENT REGARDING THE COMMUNITY ENERGY CHALLENGE LOAN PROGRAM AMONG THE CITY OF BELLINGHAM, BANNER BANK, WHATCOM COUNTY AND THE CITY OF FERNDALE
SS / ML moved to authorize the Mayor to enter into Energy Efficiency Loan Program Agreement regarding a Community Energy Challenge among the City of Bellingham, Whatcom County, City of Ferndale (on behalf of a consortium of small cities) and Banner Bank. MOTION CARRIED 7-0

SS / ML moved to authorize the Finance Director to open an account at Banner Bank for the Community Energy Challenge. MOTION CARRIED 7-0.
2 MOTIONS APPROVED
AB18852 CB 13617
3. AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $75,000.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE TOURISM FUND FOR THE PICKFORD FILM CENTER

“AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $75,000.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE TOURISM FUND FOR CAPITAL IMPROVEMENTS TO THE PICKFORD FILM CENTER.”
SS / JW moved approval for first and second reading. MOTION CARRIED 7-0.

CB 13617
APPROVED
PARKS AND RECREATION
MEMBERS: CHAIR, SETH FLEETWOOD; TERRY BORNEMANN; STAN SNAPP
AB18853 1. INSPIRATION POINT OVERLOOK RECONSTRUCTION AND WOODSTOCK FARM ACCESS IMPROVEMENT
Information only.
INFO ONLY
PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: CHAIR, BARRY BUCHANAN; STAN SNAPP; JACK WEISS
AB18854 1. NOISE VARIANCE REQUEST FOR ES #414 - 2009 OVERLAY AARA/STIMULUS PROJECT AT BAKERVIEW AND HANNEGAN ROAD AND ES #433 2010 - OVERLAY STREET RESURFACING
BB / SS moved approval of a noise variance request to BMC 10.24.120(4) to allow ES #414 2009 Overlay AARA/Stimulus Project at Bakerview and Hannegan and ES #433 2010 Overlay Street Resurfacing. MOTION CARRIED 7-0.
APPROVED
AB18608 Resolution #2010-16
2. RESOLUTION DECLARING INTENTION TO FORM LOCAL IMPROVEMENT DISTRICT SEWER ASSESSMENT ON 34TH STREET BETWEEN TAYLOR STREET AND DONOVAN AVENUE AND SET A TIME AND DATE FOR A PUBLIC HEARING.

“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELLINGHAM, WASHINGTON DECLARING ITS INTENTION TO ORDER THE IMPROVEMENT OF 34TH STREET SEWER BETWEEN TAYLOR STREET AND DONOVAN AVENUE, BEGINNING APPROXIMATELY 1,500 FEET NORTH OF DONOVAN AND RUNNING SOUTH; AND TO CREATE A LOCAL IMPROVEMENT DISTRICT TO ACCESS THE COST AND EXPENSE OF CARRYING OUT THOSE IMPROVEMENTS AGAINST THE PROPERTIES SPECIALLY BENEFITED THEREBY, AND NOTIFYING ALL PERSONS WHO DESIRE TO COMMENT ON, OR OBJECT TO, THE IMPROVEMENTS TO APPEAR AND PRESENT THEIR OBJECTIONS AT A HEARING BEFORE THE CITY COUNCIL, TO BE HELD ON July 12, 2010.
BB / ML moved final approval of Resolution #2010-16 and setting the time and date of the hearing as July 12, 2010. MOTION CARRIED 7-0.
Res. 2010-16
APPROVED & SETTING PUBLIC HEARING DATE OF 7/12/10
AB18814 CB 13618
3. TRANS MOUNTAIN PIPELINE(PUGET SOUND) LLC FRANCHISE AGREEMENT ORDINANCE

“AN ORDINANCE GRANTING, TRANS MOUNTAIN PIPELINE (PUGET SOUND) LLC, A WASHINGTON LIMITED LIABILITY COMPANY, ITS SUCCESSORS, GRANTEES AND ASSIGNS, THE NONEXCLUSIVE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO CONSTRUCT, OPERATE, MAINTAIN, REMOVE, REPLACE, AND REPAIR EXISTING PIPELINE FACILITIES, TOGETHER WITH EQUIPMENT AND APPURTENANCES THERETO, FOR THE TRANSPORTATION OF PETROLEUM PRODUCTS AND BY-PRODUCTS WITHIN AND THROUGH THE CITY OF BELLINGHAM.”
SS / TB moved approval for first and second reading. MOTION CARRIED 6-1, JW opposed.
CB 13618
APPROVED
TRANSPORTATION
MEMBERS: CHAIR, JACK WEISS; STAN SNAPP; MICHAEL LILLIQUIST
AB18808 CB 13608
1. ORDINANCE FOR MINOR TEXT AND MAP AMENDMENTS TO BMC 13.70 MULTIMODAL TRANSPORTATION CONCURRENCY

AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BMC 13.70 MULTIMODAL TRANSPORTATION CONCURRENCY.”
JW / SS moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13608
APPROVED
COMMITTEE OF THE WHOLE
CHAIR, GENE KNUTSON
          1. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
None submitted at evening meeting.
Council Member Bornemann reported that the Planning & Community Development Committee met to discuss incentive zoning for affordable housing. Guidelines for an ordinance, tentatively scheduled for the first meeting of June, 2010 will be presented to the full council.PLANNING & COMMUNITY DEVELOPMENT COMMITTEE REPORT
          2. OLD/NEW BUSINESS
None presented.
EXECUTIVE SESSION - Report only.
1. LITIGATION: Squalicum Ridge Road SEPA Appeal: City staff provided an update on the City's appeal of Whatcom County's SEPA Mitigated Determination of Nonsignificance (MDNS) for the proposed Squalicum Ridge Road and the County's recent issuance of a Land Disturbance Permit for the project.

SS / TB moved to authorize an appeal of Whatcom County's Land Disturbance Permit (LDP2008-00089) for the proposed Squalicum Ridge Road to the Whatcom County Hearing Examiner. MOTION CARRIED 7-0.
APPROVED
2. Litigation Matter: Staff advised of a labor 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.
No items presented.
NO ITEMS PRESENTED
AB18855 2. MAYOR’S APPOINTMENT OF SUSAN HILTON TO THE WHATCOM MUSEUM FOUNDATION BOARD
SS / TB moved to authorize the Mayor’s appointment of Susan Hilton to the Whatcom Museum Foundation Board, term ending March 1, 2013. 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 at the next scheduled Council Meeting.
AB18856 1. BID AWARD FOR ASPHALT PAVEMENT CRACK SEALING, BID #25B-2010(Consent Agenda)
AB18857 CB 13619
2. AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $216,965.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE GENERAL FUND FOR SETTLING A LEGAL DISPUTE

AN ORDINANCE RELATING TO THE 2010 BUDGET APPROPRIATING $216,965.00 FROM ESTIMATED ENDING DESIGNATED RESERVES IN THE GENERAL FUND FOR THE PURPOSE OF SETTLING A LEGAL DISPUTE REGARDING THE BUSINESS ACTIVITIES OF ENCOGEN NORTHWEST, L.P.”
CB 13619
(Consent Agenda)
AB18858 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM APRIL 2, 2010 TO APRIL 16, 2010(Consent Agenda)
AB18859 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM APRIL 16, 2010 TO APRIL 23, 2010(Consent Agenda)
AB18860 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM APRIL 23, 2010 TO APRIL 30, 2010(Consent Agenda)
AB18861 6. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM APRIL 1, 2010 TO APRIL 15, 2010
BB / JW moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0.
CONSENT AGENDA APPROVED IN ITS ENTIRETY
FINAL CONSIDERATION OF ORDINANCES
AB18834 1. CB 13612
An Ordinance amending Bellingham Municipal Code Section 21.10.260 - Vesting - to allow for a one-time economic hardship extension of issued land use approvals

TB / ML moved approval for third and final reading.
ML / SS moved to amend 21.10.260 D.1.b. to remove “adverse market conditions or” and add “an”. MOTION CARRIED 7-0.
Upon motion, said bill was placed on final passage and approved as amended 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 #2010-05-026 as amended.
Ord. 2010-05-026
APPROVED AS AMENDED
AB18836 2. CB 13613
An Ordinance relating to the 2010 Budget revising staffing in the Planning Department and reallocating expenditures in the Community Development Block Grant, Tourism and Home Grant Funds; And reducing expenditures in the General Fund, placing the resulting $4,284.00 General Fund surplus into Estimated Ending Undesignated Reserves

SS / 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 #2010-05-027
Ord. 2010-05-027
APPROVED
AB18844 3. CB 13614
An Ordinance relating to the 2010 Budget to account for the receipt of a Washington Finance Officers Association Grant and appropriating an additional $5,000.00 of expenditures in the General Fund

SS / 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 #2010-05-028
Ord. 2010-05-028
APPROVED
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:37 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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