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CITY COUNCIL AGENDA FOLLOW UP: June 29, 2009

CALL TO ORDER
ANNOUNCEMENTS & UPCOMING MEETINGS:

· On July 13th @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding the proposed Cordata Park annexation area.

· On July 13th @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding the City of Bellingham's proposed Legacy Statements and Strategic Commitments.

· On July 14th @ 6:30 p.m. in Council Chambers, there will be a Council Worksession regarding Wastewater Treatment Plant improvements.

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
None submitted.
PUBLIC COMMENT PERIOD
PRESENTATION
AB18481 1. PRESENTATION OF ESSENCE OF BELLINGHAM PHOTO COMPETITION AWARDS
Information only.
INFO ONLY
PUBLIC HEARING
AB18482 1. A PUBLIC HEARING TO CONSIDER A NEW BMC CHAPTER, 20.28, INFILL HOUSING TOOLKIT AND NEW SUBSECTION BMC 20.12.030.E, GREEN FACTOR LANDSCAPING STANDARDS, TOGETHER WITH ASSOCIATED IMPLEMENTING CODE REVISIONS TO BMC 20.08.020.F(3), 18.04.040 AND 21.10.040.C.
Public hearing held.
Worksession and consideration of ordinance scheduled for July 13, 2009.
Public hearing held.
Worksession & consideration on 7/13/09
AB18483 2. AN ORDINANCE REGARDING SEWER, WATER, AND INFRASTRUCTURE INSTALLATION OPTIONS FOR INFILL TOOLKIT HOUSING SUBDIVISIONS, BMC SECTIONS 15.08, 15.12, 18.12, AND 18.28.

Public hearing held.
BAR/TB moved to postpone the ordinance to the July 13, 2009 meeting to be considered in conjunction with AB 18482. MOTION CARRIED 7-0.
Public hearing held.
Postponed to 7/13/09.
COUNCIL STANDING COMMITTEE MEETINGS:
PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: TERRY BORNEMANN, CHAIR; BARBARA RYAN; JACK WEISS; LOUISE BJORNSON
AB18484 1. PRESENTATION OF WHATCOM LEGACY PROJECT REPORT BY ADAM DAVIS
Information only.
INFO ONLY
AB18485 Resolution #2009-19
2. A RESOLUTION FOR AMENDMENT OF THE 2009 ACTION PLAN (2008-2012 CONSOLIDATED PLAN)

“A RESOLUTION RELATING TO THE MODIFICATION OF THE 2009 ACTION PLAN OF THE 2008-2012 CONSOLIDATED PLAN, THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS AND DIRECTING THE MAYOR TO SUBMIT THE MODIFICATION OF 2009 ACTION PLAN TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.”
TB / LB moved final approval of Resolution #2009-19. MOTION CARRIED 7-0.
Res. 2009-19
APPROVED
FINANCE & PERSONNEL
MEMBERS: GENE KNUTSON, CHAIR; LOUISE BJORNSON; STAN SNAPP
AB18486 CB 13534
1. AN ORDINANCE ADJUSTING CITY BUDGET FOR ACTUAL 2009 CDBG/HOME RESOURCES
    “AN ORDINANCE RELATING TO THE 2009 BUDGET INCREASING ESTIMATED REVENUES OF $73,503.00 AND EXPENDITURES $78,691.00 IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, THE BALANCE OF $5,188.00 WILL BE TAKEN FROM ESTIMATED ENDING UNDESIGNATED RESERVES, AND INCREASING ESTIMATED REVENUES AND EXPENDITURES IN THE HOME INVESTMENT PARTNERSHIP GRANT FUND BY $150,797.00”
    GK / LB moved approval for first and second reading. MOTION CARRIED 7-0.
    CB 13534
    APPROVED
    AB18487 CB 13535
    2. AN ORDINANCE RELATING TO THE BUDGET AND APPROPRIATING STATE MONEY FOR THE NORTHWEST DRIVE PEDESTRIAN IMPROVEMENTS PROJECT, ES-315
      “AN ORDINANCE RELATING TO THE 2009 BUDGET RECOGNIZING AN INTERAGENCY AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, APPROPRIATING $767,000.00 OF EXPENDITURES IN THE STREET FUND TO PAY FOR IMPROVEMENTS TO NORTHWEST AVENUE.”
      GK / LB moved approval for first and second reading. MOTION CARRIED 7-0.

      CB 13535
      APPROVED
      PUBLIC WORKS / PUBLIC SAFETY
      MEMBERS: LOUISE BJORNSON, CHAIR; GENE KNUTSON; STAN SNAPP
      AB18488 1. BID AWARD: IMPROVEMENTS TO FRANKLIN PARK, BID # 30B-2009
      BAR / GK moved to award Bid No. 30B-2009 for Franklin Park improvements to Faber Brothers Construction of Lynden, 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 $415,183.16, which includes WSST. MOTION CARRIED 7-0.
      APPROVED
      AB18489 2. BID AWARD: 2009 ENHANCED PEDESTRIAN CROSSINGS, ES-419, BID # 51B-2009
      JW / LB moved to award Bid No. 51B-2009 for 2009 Enhanced Pedestrian Crossings to Colacurcio Brothers Construction of Blaine, 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 $280,667.00, MOTION CARRIED 7-0.
      APPROVED
      AB18490 3. INTRODUCTION OF FINAL COMPREHENSIVE WATER SYSTEM PLAN
      Information only.
      INFO ONLY
      WATERFRONT DEVELOPMENT COMMITTEE
      MEMBERS: JACK WEISS, CHAIR; BARBARA RYAN; TERRY BORNEMANN
      AB18491 1. CONSIDERATION OF SIXTH SUPPLEMENTAL AGREEMENT TO THE WATERFRONT INTERLOCAL AGREEMENT (ILA) WITH THE PORT OF BELLINGHAM
      (Motion #1)
      JW / BAR moved that council reaffirms its deep and unwavering interest in planning and implementing a waterfront redevelopment project with the Port of Bellingham. Council wishes to communicate with the Port and the public that any actions or statements by a minority or majority of the council that are different than what staff presents to the council are in no way reflective of a desire to stop or inhibit the redevelopment, but instead, are actions or statements that are meant to, in the opinion of the speaker(s), to better the redevelopment project for the community by crosschecking the adherence to the principles of the Waterfront Futures work, sustainability practices, impacts to city taxpayers, and Triple Bottom Line methodology. MOTION CARRIED 7-0.

      (Motion #2)
      JW / BAR to delay the adoption of the sixth supplemental of the waterfront interlocal agreement with the Port until such time as the results of the adaptive reuse for historic buildings study is completed and reported out. MOTION FAILED 3-4, GK, TB, BB, LB OPPOSED

      (Motion #3)
      GK / TB moved to authorize the Mayor to execute the sixth supplemental agreement to the Interlocal Agreement with the Port of Bellingham regarding the Waterfront District. MOTION CARRIED 4-3, BAR, SS, JW OPPOSED

      (Motion #4)
      JW / BAR withdrew their motion, made during committee, regarding additional waterfront EIS work to include a re-evaluation of transportation alternatives.

      (Motion #5)
      JW / BAR moved to direct staff to work with the Port to provide robust transportation alternatives in the Master Plan and other pending documents, as appropriate, including the EIS, development agreement, development regulations, and the planned action ordinance. Policy direction includes transportation alternatives that meet or exceed those results that would be expected with perimeter-only parking structures, significant reductions of on and off-street parking throughout the core of the site, frequent and low/no cost transit shuttle service, flex car options and delivery service options for waterfront residents and employees, and other appropriate transportation demand management strategies. Staff will report to the Council at approximate six-week intervals on progress and challenges concerning this direction.
      SS/GK offered a friendly amendment to replace “approximate six-week” with “frequent.
      SS/GK withdrew the friendly amendment.

      MOTION CARRIED 6-1, LB OPPOSED
      Motion #1: APPROVED

      Motion #2: FAILED

      Motion #3: APPROVED

      Motion #4:
      WITHDRAWN

      Motion #5: APPROVED
      COMMITTEE OF THE WHOLE
      MEMBERS: BARRY BUCHANAN, CHAIR
      AB18463 Resolution #2009-20
      1. “A RESOLUTION DENYING GOVERNORS POINT DEVELOPMENT COMPANY'S REQUEST FOR A WATER RESALE CONTRACT TO SERVE THE PROPOSED 141-LOT GOVERNOR'S POINTE SUBDIVISION”
      GK / TB moved final approval of Resolution #2009-20. MOTION CARRIED 7-0.
      Res. 2009-20
      APPROVED
      2. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
      None submitted at evening meeting.
      3. OLD/NEW BUSINESS

      Council President Buchanan reported that Council has directed the Summer/Council Intern to the following research projects: Retail Big Boxes – Strategies for Mitigating Social and Environmental Effects; Cooperative Parking Structure Strategies; Neighborhood Schools and City Infill Strategies; and Construction Standards/Incentives for Noise Abatement in Mixed-Use Buildings/Areas.

      Joan Hoisington, City Attorney announced that five finalists would be interviewing for the Director position of the Bellingham Public Development Authority on July 9 & 10.

      Council Member Bornemann reported that he and Council Member Bjornson had attended the Association of Washington Cities conference. The City of Bellingham was awarded a Municipal Excellence Award for “Going Green”.
      EXECUTIVE SESSION – Report only.
      1. LABOR NEGOTIATIONS: Staff provided information on the collective bargaining agreement with IAFF Local 106S and Local 106.
        SS / TB moved to ratify the contract for 2010 with the following terms:

        Term of Agreement: One year (2010)
        Wages: 0% increase for 2010
        Benefits: No change to health plan

        Deferred Compensation/Longevity: Option to convert the employer's deferred compensation match to longevity pay in the last 5 years of employment.

        Operational Changes: Agreement to operational changes that are expected to result in a combined savings of approximately $650,000.

        MOTION CARRIED 7-0.
        APPROVED
        2. LITIGATION: Brisbane v. City of Bellingham: Staff provided an update on a pending litigation matter. Council provided direction. No action taken.
        NO ACTION
        MAYOR'S REPORT
        AB18492 1. MAYOR'S APPOINTMENT OF RYAN FREDRICKSON AND SUSAN GRIBBIN TO THE COMMUNITY DEVELOPMENT ADVISORY BOARD
        Information only.
        INFO ONLY
        AB18493 2. MAYOR'S REAPPOINTMENT OF MARILYN MASTOR TO THE HISTORIC PRESERVATION COMMISSION
        BAR / LB moved to authorize the Mayor to reappoint Marilyn Mastor to the Historic Preservation Commission, term ending June 30, 2012. MOTION CARRIED 7-0.
        APPROVED
        AB18494 3. MAYOR'S REAPPOINTMENT OF GEORGE VOLKER TO THE HISTORIC PRESERVATION COMMISSION
        LB / SS moved to authorize the Mayor to reappoint George Volker to the Historic Preservation Commission, term ending June 30, 2012. MOTION CARRIED 7-0.
        APPROVED
        AB18495 4. MAYOR'S REAPPOINTMENT OF TIM HOSTETLER AS SEHOME REPRESENTATIVE TO THE MAYOR'S NEIGHBORHOOD ADVISORY COMMISSION
        Information only.
        INFO 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. 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.
        AB18496 1. INSTALLING A FOURTH VIDEO CAMERA IN CITY COUNCIL CHAMBERS(Consent Agenda)
        AB18497 Resolution #2009-21
        3. CONSIDERATION OF FINAL PLAT APPROVAL FOR DIVISION 1 OF THE HIGHLANDS, PHASE 2 CONSISTING OF 17 RESIDENTIAL LOTS: AREA 8, WHATCOM FALLS NEIGHBORHOOD. YEW STREET TERRACE, LLC, OWNER/APPLICANT
          “A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR DIVISION 1 OF THE HIGHLANDS PRELIMINARY PLAT, PHASE 2, CONSISTING OF 17 SINGLE FAMILY LOTS, LOCATED IN AREA 8, WHATCOM FALLS NEIGHBORHOOD, GENERALLY LOCATED OFF LOPEZ STREET, WEST OF YEW STREET.”
          Res. 2009-21
          (Consent Agenda)
          AB18498 3. BID AWARD: WATER TREATMENT GALLERY ROOF REPLACEMENT PROJECT, BID # 64B-2009(Consent Agenda)
          AB18499 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE AND PAYROLL FROM MAY 16, 2009 TO MAY 31, 2009(Consent Agenda)
          AB18500 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JUNE 05, 2009 TO JUNE 12, 2009(Consent Agenda)
          AB18501 6. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JUNE 12, 2009 TO JUNE 19, 2009

          GK / BAR moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0.
          CONSENT AGENDA APPROVED IN ITS ENTIRETY
          FINAL CONSIDERATION OF ORDINANCES
          AB18464 1. CB 13529
          AN ORDINANCE RELATED TO LAND USE PLANNING AND ZONING, AMENDING THE TITLE 20 ZONING TABLES FOR THE GUIDE MERIDIAN /CORDATA, KING MOUNTAIN, MERIDIAN AND MT. BAKER NEIGHBORHOODS TO ESTABLISH DEVELOPMENT REGULATIONS THAT ALLOW PAYMENT OF A FEE TO THE LAKE WHATCOM WATERSHED PROPERTY ACQUISITION PROGRAM IN EXCHANGE FOR DENSITY BONUSES IN SPECIFIC TRANSFER OF DEVELOPMENT RIGHTS RECEIVING ZONES.

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

          MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-06-037
          Ord. 2009-06-037
          APPROVED
          AB18470 2. CB 13530
          AN ORDINANCE RELATING TO THE 2009 BUDGET RECOGNIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND THE WASHINGTON DEPARTMENT OF ECOLOGY, APPROPRIATING $50,000.00 OF EXPENDITURES IN THE STREET FUND TO PAY FOR A FEASIBILITY STUDY AND DESIGN NEAR SHORE RESTORATION ACTIONS FOR LITTLE SQUALICUM CREEK SHORELINE.

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

          MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-06-038
          Ord. 2009-06-038
          APPROVED
          AB18471 3. CB 13531
          AN ORDINANCE RELATING TO THE 2009 BUDGET APPROPRIATING AN ADDITIONAL $225,000.00 FROM ESTIMATED ENDING UNDESIGNATED RESERVES IN THE WATER FUND TO BE USED FOR A SETTLEMENT PAYMENT TO THE MOUNT BAKER SCHOOL DISTRICT.

          TB / GK 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:

          MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-06-039
          Ord. 2009-06-039
          APPROVED
          AB18472 4. CB 13532
          AN ORDINANCE RELATING TO LAND USE CONTROLS WITHIN THE LAKE WHATCOM WATERSHED AND ADOPTING LIMITS ON PERMITTED USES, IMPERVIOUS AND PARTIALLY PERVIOUS AREAS, LAND DISTURBING ACTIVITIES, AND RELATED WATER QUALITY PROTECTION MEASURES.

          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:

          MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-06-040
          Ord. 2009-06-040
          APPROVED
          AB18473 5. CB 13533
          AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 15.42 STORMWATER MANAGEMENT RELATING TO IMPLEMENTING BEST PRACTICE STORMWATER MANAGEMENT AND MANAGING STORMWATER BASIN ONE OF LAKE WHATCOM.

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

          MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-06-041
          Ord. 2009-06-041
          APPROVED
          ADJOURNMENT
          There being no further business, the meeting was adjourned at 11:42 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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