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CITY COUNCIL AGENDA FOLLOW UP: December 06, 2010

CALL TO ORDER
ANNOUNCEMENTS & UPCOMING MEETINGS:

TRANSPORTATION BENEFIT DISTRICT NO. 1
    On Monday, December 6, at 12:30 PM in Council Chambers there will be a meeting of the Transportation Benefit District No. 1 Board to consider a Resolution setting the rate of collection of sales tax for transportation improvement projects at two-tenths of one percent and directing the City of Bellingham Finance Department to have the Washington State Department of Revenue collect and remit this tax.

Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
PLEDGE OF ALLEGIANCE
Led by former Mayor Tim Douglas.
ROLL CALL
All present.
APPROVAL OF MINUTES
SS / BB moved approval of the November 22, 2010 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.
APPROVED
15-MINUTE PUBLIC COMMENT PERIOD


PRESENTATION
AB19040 1. PRESENTATION OF RUSSIAN DELEGATION WITH THE OPEN WORLD LEADERSHIP PROGRAM THROUGH WHATCOM COMMUNITY COLLEGE
Information only.
INFO ONLY
PUBLIC HEARING
AB19041 CB 13658
1. AN ORDINANCE TO ADOPT AMENDMENTS TO BMC CHAPTER 19.06 “TRANSPORTATION IMPACT FEES” [TIF] TO ALLOW VEHICLE TRIP TIF REDUCTION CREDITS OF UP TO 50% IN URBAN VILLAGES

AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE (BELLINGHAM MUNICIPAL CODE) SECTIONS 19.06.030 C. AND 19.06.040 E. TO ALLOW VEHICLE TRIP REDUCTION CREDITS DESIGNED TO LOWER TRANSPORTATION IMPACT FEES IN MASTER PLANNED URBAN VILLAGES.”
Public hearing held.
TB / SF moved approval for first and second reading.
JW / ML moved to postpone consideration for one month. MOTION FAILED 2-5,
BB, TB, GK, SS, SF OPPOSED.

(MAIN) MOTION CARRIED 5-2, ML, JW OPPOSED
Public hearing held.
CB 13658
APPROVED
COUNCIL STANDING COMMITTEE MEETINGS:
TRANSPORTATION
MEMBERS: CHAIR, JACK WEISS; STAN SNAPP; MICHAEL LILLIQUIST
AB19042 Resolution #2010-31
1. A RESOLUTION TO ADOPT A BASE RATE FOR 2011 TRANSPORTATION IMPACT FEES PER BMC 19.06

A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING A TRANSPORTATION IMPACT FEE BASE RATE FOR 2011.”
JW / SS moved final approval of Resolution #2010-31. MOTION CARRIED 7-0.

RES. 2010-31
APPROVED
PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: CHAIR, TERRY BORNEMANN; SETH FLEETWOOD; MICHAEL LILLIQUIST; JACK WEISS
AB19015 CB 13659
1. ORDINANCE REGARDING AMENDMENTS TO BMC 17.82 REGARDING MULTI FAMILY TAX EXEMPTION IN URBAN CENTERS

AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 17.82 TO INCORPORATE 2007 STATE LEGISLATION CHANGING THE DURATION UNDER WHICH A RESIDENTIAL MULTI-UNIT PROPERTY TAX EXEMPTION IS AUTHORIZED, ADOPT PROVISIONS FOR AFFORDABLE HOUSING, ADOPT CRITERIA FOR REPORTING DATA ANNUALLY TO THE STATE, AMEND TARGETED AREA 1 IN THE CITY CENTER, AND ADD THE SAMISH WAY AND FOUNTAIN DISTRICT URBAN VILLAGES AS TARGETED AREAS ELIGIBLE FOR RESIDENTIAL MULTI-UNIT PROPERTY TAX EXEMPTION.”
TB / JW moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13659
APPROVED
AB18967 CB 13660
2. ORDINANCE AMENDING BMC 10.24.120, PUBLIC DISTURBANCE NOISE, TO ESTABLISH ENTERTAINMENT DISTRICTS IN DOWNTOWN AND FAIRHAVEN URBAN AREAS AND PROVIDE CRITERIA FOR NOISE REGULATION IN THOSE DISTRICTS.

AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE SECTION 10.24.120, PUBLIC DISTURBANCE NOISE, TO ADD SECTIONS RELATED TO THE DOWNTOWN AND FAIRHAVEN ENTERTAINMENT DISTRICTS.”
During committee the council amended the ordinance to remove Section C.6.d. and in the Fairhaven District, terminate the southern end of 12th Street at Old Fairhaven Parkway.

TB / BB moved approval for first and second reading as amended. MOTION CARRIED 7-0.
CB 13660
APPROVED AS AMENDED
AB18875 CB 13661
3. AN ORDINANCE REPLACING THE MT. BAKER NEIGHBORHOOD PLAN WITH NEW IRONGATE AND BARKLEY NEIGHBORHOOD PLANS AND AMENDING THE KING MT. NEIGHBORHOOD PLAN

AN ORDINANCE RELATING TO BELLINGHAM’S COMPREHENSIVE PLAN, REPLACING THE EXISTING MOUNT BAKER NEIGHBORHOOD PLAN WITH IRONGATE AND BARKLEY NEIGHBORHOOD PLANS, AND MODIFYING THE KING MOUNTAIN NEIGHBORHOOD PLAN AND ZONING TABLE (BELLINGHAM MUNICIPAL CODE 20.00.095), AND CREATING ZONING TABLES (BELLINGHAM MUNICIPAL CODE 20.00.015 AND 2000.092), ZONING MAPS AND LAND USE MAPS FOR THE NEW NEIGHBORHOODS TO REFLECT THE NEW NAMES AND BOUNDARIES.”
TB / SS moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13661
APPROVED
AB18921 CB 13662
4. AN ORDINANCE ADOPTING AMENDMENTS TO THE PUGET NEIGHBORHOOD PLAN

AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING PUGET NEIGHBORHOOD PLAN COMPONENT OF THE BELLINGHAM COMPREHENSIVE PLAN.”
TB / SS moved approval for first and second reading. MOTION CARRIED 7-0.

CB 13662
APPROVED
AB18971 CB 13663
5. AN ORDINANCE ADOPTING AMENDMENTS TO THE HAPPY VALLEY NEIGHBORHOOD PLAN

AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO BELLINGHAM’S COMPREHENSIVE PLAN AND ZONING, AMENDING THE HAPPY VALLEY NEIGHBORHOOD PLAN AND TITLE 20 LAND USE AND DEVELOPMENT CODE, HAPPY VALLEY NEIGHBORHOOD TABLE OF ZONING REGULATIONS.”
TB / SF moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13663
APPROVED
AB18991 CB 13664
6. AN ORDINANCE ADOPTING AMENDMENTS TO THE MERIDIAN NEIGHBORHOOD PLAN AND CREATING A NEW CORDATA NEIGHBORHOOD PLAN FROM THE EXISTING GUIDE MERIDIAN/CORDATA NEIGHBORHOOD

AN ORDINANCE RELATING TO BELLINGHAM’S COMPREHENSIVE PLAN, REPLACING THE EXISTING GUIDE MERIDIAN/CORDATA AND MERIDIAN NEIGHBORHOOD PLANS AND TABLES OF ZONING REGULATIONS (BELLINGHAM MUNICIPAL CODE 20.00.080 AND 20.00.110) WITH THE NEW MERIDIAN NEIGHBORHOOD PLAN AND TABLE OF ZONING REGULATIONS (BELLINGHAM MUNICIPAL CODE 20.00.110) AND A NEW CORDATA NEIGHBORHOOD PLAN AND TABLE OF ZONING REGULATIONS (BELLINGHAM MUNICIPAL CODE 20.00.045) TO REFLECT THE NEW BOUNDARIES AND AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 20.10.025 TO REFLECT THE NEW SUBAREA LABELING.”
TB / BB moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13664
APPROVED
AB18992 CB 13665
7. AN ORDINANCE ADOPTING A COMPREHENSIVE PLAN AMENDMENT AND SITE-SPECIFIC REZONE FOR A PORTION OF AREA 1, MERIDIAN NEIGHBORHOOD (GRAY REZONE)

AN ORDINANCE RELATING TO LAND USE PLANNING AND ZONING FOR 9.37 ACRES IN AREA 1 OF THE MERIDIAN NEIGHBORHOOD TO CHANGE THE LAND USE DESIGNATION FROM INDUSTRIAL TO COMMERCIAL/INDUSTRIAL AND AMEND BELLINGHAM MUNICIPAL CODE 20.00.110 BY INCORPORATING THE SUBJECT INTO AREA 5 OF THE MERIDIAN NEIGHBORHOOD AND ADDING A CONDITION FOR A CONTINUOUS THROUGH-ROAD FROM DOVER STREET TO PACIFIC HIGHWAY.”
BB / TB moved approval for first and second reading. MOTION CARRIED 6-1, JW OPPOSED.

CB 13665
APPROVED
AB19002 CB 13666
8. AN ORDINANCE ADOPTING AMENDMENTS TO THE YORK NEIGHBORHOOD PLAN

AN ORDINANCE RELATING TO LAND USE PLANNING AND ZONING, AMENDING LAND USE AREAS 1, 7 AND 9, AND VARIOUS POLICY LANGUAGE IN THE YORK NEIGHBORHOOD PLAN; BELLINGHAM MUNICIPAL CODE (BELLINGHAM MUNICIPAL CODE) 20.00.210 YORK NEIGHBORHOOD TABLE OF ZONING REGULATIONS, AREA 9; BMC 20.08.020 FIGURE 1 - CENTRAL COMMERCIAL CORE FRINGE AND REDUCED PARKING OVERLAY DISTRICTS; AND BMC 20.12.010 FIGURE 1 - CENTRAL COMMERCIAL CORE FRINGE AND REDUCED PARKING OVERLAY DISTRICTS.”
During committee the council agreed to include amendments requested by the York Neighborhood Association subsequent to their original proposal.
BB / TB moved approval for first and second reading as amended. MOTION CARRIED 7-0.
CB 13666
APPROVED AS AMENDED
AB19026 CB 13667
9. AN ORDINANCE ADOPTING AMENDMENTS TO THE SILVER BEACH NEIGHBORHOOD PLAN

AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LAND USE PLANNING AND BELLINGHAM’S COMPREHENSIVE PLAN, ADOPTING A NEW SILVER BEACH NEIGHBORHOOD PLAN.”
TB / SS moved approval for first and second reading. MOTION CARRIED 7-0.

BREAK
Council President Knutson called the meeting back to order at 9:00 p.m.
CB 13667
APPROVED
PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: CHAIR, BARRY BUCHANAN; STAN SNAPP; JACK WEISS
AB19043 CB 13668
1. A BUDGET ORDINANCE TO APPROPRIATE $274,995 FROM THE DEPARTMENT OF ECOLOGY STORMWATER CAPACITY GRANT TO THE STORM AND SURFACE WATER UTILITY FUND

AN ORDINANCE RELATING TO THE 2010 BUDGET INCREASING REVENUES AND APPROPRIATING $274,995.00 IN THE STORMWATER FUND FROM A DEPARTMENT OF ECOLOGY MUNICIPAL STORMWATER CAPACITY GRANT TO THE PUBLIC WORKS DEPARTMENT.”
BB / SS moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13668
APPROVED
AB19044 CB 13669
2. AN ORDINANCE AMENDING BMC 6.06.050 TAX ON WATER UTILITY REVENUES

AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, AMENDING CHAPTER 6.06.050 OF THE BELLINGHAM MUNICIPAL CODE, AMENDING A TAX ON WATER UTILITY REVENUES.”
BB / ML moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13669
APPROVED
AB19045 3. PROJECT UPDATE: INSTALLATION OF A LIVING ROOF ON CITY HALL
Information only.
INFO ONLY
AB19046 4. PRESENTATION REGARDING PERFORMANCE CONTRACTING PROJECT (Federal Energy Efficiency and Conservation Block Grant)
Information only.
INFO ONLY
LAKE WHATCOM RESERVOIR & NATURAL RESOURCES
MEMBERS: CHAIR, MICHAEL LILLIQUIST; BARRY BUCHANAN; STAN SNAPP; SETH FLEETWOOD
AB19047 1. DISCUSSION OF POTENTIAL LAKE WHATCOM INITIATIVES
Information only. The committee will schedule a special worksession in January.
INFO ONLY
FINANCE & PERSONNEL
MEMBERS: CHAIR, STAN SNAPP; BARRY BUCHANAN; MICHAEL LILLIQUIST
AB19029 1. 2011 DEPARTMENT BUDGET PRESENTATIONS, HUMAN RESOURCES DEPARTMENT, LEGISLATIVE DEPARTMENT AND PUBLIC DEVELOPMENT AUTHORITY
Information only.
INFO ONLY
AB18993 CB 13670
2. ORDINANCE ESTABLISHING THE 2011 CITY BUDGET

AN ORDINANCE RELATING TO THE 2011 BUDGET OF THE CITY OF BELLINGHAM PROVIDING FOR THE ADOPTION OF SUCH BUDGET PURSUANT TO THE TERMS OF RCW 35.33.075, AND SETTING THE EFFECTIVE DATE.”
BB / TB moved to allocate $70,000.00 from reserves to continue Library Outreach program.
JW / ML added a friendly amendment that 50% of the funds are to come from the Capital Maintenance account for one year.
BB / TB accepted the friendly amendment. MOTION CARRIED 7-0.
TB / SF moved to restore the Legislative Analyst position from .7 to 1.0 FTE.
GK offered a friendly amendment to apply the Council Intern wages to the Legislative Analyst position.
TB / SF accepted the friendly amendment. MOTION CARRIED 7-0.
BB / GK moved to allocate $20,000.00 from reserves to restore the Parks, Spray Park program. MOTION CARRIED 7-0.
GK / BB moved approval for first and second reading as amended. MOTION CARRIED 7-0.
CB 13670
APPROVED
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
None presented.
EXECUTIVE SESSION - Report and action only
1. POTENTIAL LITIGATION: Staff provided information as to a potential litigation matter. Direction was provided to staff. No action was taken. NO ACTION
2. POTENTIAL LITIGATION: Staff provided information as to a potential litigation matter. Direction was provided to staff. No action was taken. NO ACTION
3. LABOR NEGOTIATIONS: Staff provided information on labor negotiations. Direction was provided. No action was taken.
NO ACTION
MAYOR’S REPORT
          1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. 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.
AB19048 1. MODIFICATION OF FIRST OPERATING AGREEMENT BETWEEN CITY OF BELLINGHAM AND BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY TO EXTEND THE AGREEMENT FOR 60 DAYS(Consent Agenda)
AB19049 CB 13671
2. AN ORDINANCE RELATING TO THE 2010 BUDGET INCREASING REVENUES AND EXPENDITURES BY $52,809 IN THE LIBRARY GIFT FUND

AN ORDINANCE RELATING TO THE 2010 BUDGET RECOGNIZING RECEIPT OF DONATIONS OF $52,809 AND APPROPRIATING $52,809 OF EXPENDITURES IN THE LIBRARY GIFT FUND.”
CB 13671
(Consent Agenda)
AB19050 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM NOVEMBER 5, 2010 TO NOVEMBER 12, 2010(Consent Agenda)
AB19051 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM NOVEMBER 12, 2010 TO NOVEMBER 19, 2010(Consent Agenda)
AB19052 5. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM NOVEMBER 1, 2010 TO NOVEMBER 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
AB19025 1. CB 13653
AN ORDINANCE RELATING TO LAND USE AND EXTENDING THE EXPIRATION DATE OF BELLINGHAM MUNICIPAL CODE CHAPTER 20.27, A DEMONSTRATION PROGRAM FOR INNOVATIVE PERMANENTLY AFFORDABLE HOME OWNERSHIP PROJECTS

JW / 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 #2010-12-063
Ord. 2010-12-063
APPROVED
AB18977 2. CB 13654
AN ORDINANCE ADDING A NEW CHAPTER BMC 11.16 TO THE BELLINGHAM MUNICIPAL CODE TO AUTHORIZE AND REGULATE AUTOMATED TRAFFIC SAFETY CAMERAS

The following amendments were read into the record:

On page 2; Section B.; new section 2: "For stoplight violations, the use of automated traffic safety cameras shall be limited to the following intersections: westbound E. Holly at N. Forest; northbound Ellis St. at Lakeway Drive; northbound Meridian St. at Telegraph Road; southbound Samish Way at 36th St., and northbound 36th St. at Samish Way."

Add new section 3: "For school speed zone violations, the use of automated traffic safety cameras shall be limited to the following locations: Shuksan Middle School on Northwest Ave. between W. Maplewood Ave. and Alderwood Ave. and Roosevelt Elementary on Alabama St. between Michigan St. and Woburn St."

Original section 2. is now section 4.

On page 5; Section 9; 11.1.080 - Monetary Penalty; add at the end of the sentence: "and shall be consistent with penalties set by state law for stoplight and school speed zone violations."

Add new Section 11; 11.16.100 - City Council Review. "City Council shall review the use of the automated traffic safety cameras no later than one year from the date of authorization to determine whether the program shall continue and/or other locations should be considered for use of automated traffic safety cameras."

TB / SF moved approval for third and final reading as amended. Upon motion, said bill was placed on final passage and approved by the following roll call vote:

AYES: BORNEMANN, BUCHANAN, KNUTSON, LILLIQUIST, SNAPP, WEISS
NAYS: FLEETWOOD
ABSTENTIONS:

MOTION CARRIED 6-1 and was thereafter named Ordinance #2010-12-064
Ord. 2010-12-064
APPROVED
AB19033 3. CB 13655
AN ORDINANCE RELATING TO THE 2010 BUDGET INCREASING REVENUES IN THE GENERAL FUND BY $16,956.00 FOR AWARD OF A STATE CERTIFIED LOCAL GOVERNMENT GRANT TO THE PLANNING DEPARTMENT, APPROPRIATING $15,000.00 FOR GRANT-RELATED EXPENDITURES AND PLACING $1,956.00 IN ESTIMATED ENDING RESERVES

TB / BB 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 #2010-12-065
Ord. 2010-12-065
APPROVED
AB19034 4. CB 13656
AN ORDINANCE RELATING TO THE 2010 BUDGET INCREASING REVENUES AND APPROPRIATING $15,324.00 IN THE GENERAL FUND FROM A WASHINGTON TRAFFIC SAFETY COMMISSION GRANT TO THE POLICE DEPARTMENT FOR SPECIAL EMPHASIS PATROLS

BB / 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 #2010-12-066
Ord. 2010-12-066
APPROVED
AB19035 5. CB 13657
AN ORDINANCE RELATING TO THE 2010 BUDGET REALLOCATING $1,068.00 IN EXPENDITURES IN THE GENERAL FUND AND RECLASSIFYING ONE POSITION IN THE POLICE DEPARTMENT, PROACTIVE OPERATIONS GROUP, AS A RESULT OF A JOB AUDIT

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: BORNEMANN, BUCHANAN, FLEETWOOD, KNUTSON, LILLIQUIST, SNAPP, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2010-12-067
Ord. 2010-12-067
APPROVED
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:59 p.m.
NEXT CITY COUNCIL MEETING
MONDAY, DECEMBER 13, 2010
This will be the last scheduled City Council meeting for 2010. The schedule of meetings for 2011 is posted on the City Council page of the City of Bellingham’s website at www.cob.org and is available on request.


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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