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CITY COUNCIL AGENDA FOLLOW UP: September 21, 2009

CALL TO ORDER
ANNOUNCEMENTS & UPCOMING MEETINGS:

· On October 5 @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding Urban Village Design Guidelines and Standards.

· On October 5 @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding Samish Way Urban Village Sub-area Plan and Development Regulations.

· On October 19 @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding Revenue Estimates and Taxes.

· On October 19 @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding Meridian School District Capital Facilities Plan.

· On October 19 @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding Bellingham School District Capital Facilities Plan.

Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
PLEDGE OF ALLEGIANCE
Led by David Warren.
ROLL CALL
All present.
APPROVAL OF MINUTES
None submitted.
PUBLIC COMMENT PERIOD
PRESENTATION
AB18585 1. THE BIG READ: WHATCOM READS! 2010 GRANT ANNOUNCEMENT
Information only.
INFO ONLY
AB18586 Resolution #2009-28
2. RESOLUTION OF THE CITY COUNCIL MEMBERS REJECTING A COST OF LIVING ADJUSTMENT FOR 2010

A RESOLUTION OF THE CITY COUNCIL TO REJECT ITS SCHEDULED COST OF LIVING ADJUSTMENT FOR 2010”
GK / TB moved final approval of Resolution #2009-28. MOTION CARRIED 7-0.
Res. 2009-28
APPROVED
PUBLIC HEARING
AB18587 CB 13554
1. AN ORDINANCE REGARDING EXCEPTIONS TO THE 90,000 SQUARE FOOT LIMIT FOR RETAIL ESTABLISHMENTS

AN ORDINANCE RELATED TO LAND USE REGULATIONS, PROVIDING EXCEPTIONS TO THE SIZE LIMIT FOR RETAIL ESTABLISHMENTS WITHIN LIMITED AREAS OF THE CITY BY AMENDING BELLINGHAM MUNICIPAL CODE 20.00.080; 20.00,110; 20.10.025; 20.38.050.C AND 20.38.050.D.”
Public hearing held. Public hearing closed; written record will remain open.
GK / SS moved to postpone to October 5, 2009.
TB made a friendly amendment to postpone to January 25, 2010.
GK accepted the friendly amendment.
MOTION CARRIED 7-0.
Public hearing held. Written record will remain open. Postponed to 1/25/10.
COUNCIL STANDING COMMITTEE MEETINGS:
FINANCE & PERSONNEL
MEMBERS: GENE KNUTSON, CHAIR; LOUISE BJORNSON; STAN SNAPP
AB18588 1. A PRESENTATION TO COUNCIL EXPLAINING THE FUND RESERVE POLICY AND SUGGESTED CHANGES
Information only.
INFO ONLY
AB18589 CB 13555
2. AN ORDINANCE RELATING TO THE 2009 BUDGET AUTHORIZING ADDITIONAL EXPENDITURES IN THE AMOUNT OF $93,016.70 FOR UNANTICIPATED COSTS RELATING TO THE CIVIC FIELD IMPROVEMENT PROJECT

AN ORDINANCE RELATING TO THE 2009 BUDGET AUTHORIZING ADDITIONAL EXPENDITURES IN THE AMOUNT OF $93,016.70 FOR UNANTICIPATED EXPENSES RELATING TO THE CIVIC FIELD IMPROVEMENT PROJECT.”
GK / LB moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13555
APPROVED
PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: TERRY BORNEMANN, CHAIR; BARBARA RYAN; JACK WEISS; LOUISE BJORNSON
AB18590 1. ANNUAL REPORT FROM BELLINGHAM WHATCOM COUNTY TOURISM BUREAU
Information only.
INFO ONLY
AB18591 2. PRESENTATION BY DR. MARK BUSSELL REGARDING WWU INNOVATION PARTNERSHIP ZONE AND REPORT BY COUNCIL ANALYST MARK GARDNER ON LOCAL ECONOMIC DEVELOPMENT PLANNING
Information only.
INFO ONLY
WATERFRONT DEVELOPMENT COMMITTEE
MEMBERS: JACK WEISS, CHAIR; BARBARA RYAN; TERRY BORNEMANN
AB18524 CB 13543
1. WORK SESSION ON THE DRAFT SHORELINE MASTER PROGRAM REGARDING THE WATERFRONT DISTRICT
JW / TB moved to direct staff to make the changes as outlined in the Shoreline Management Program recommendations. MOTION CARRIED 7-0
DIRECTED STAFF TO MAKE CHANGES
COMMITTEE OF THE WHOLE
MEMBERS: BARRY BUCHANAN, CHAIR
1. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
None submitted at evening meeting.
2. OLD/NEW BUSINESS

Council President Buchanan asked Council if they would like an annexation worksession. Council Member Knutson asked if there are any annexations scheduled for consideration before the end of the year. Planning Director Tim Stewart will report status of annexations back to council.

Council Member Snapp asked of the status on the building analysis report for the waterfront. Mayor Pike reported that the initial findings are expected in early October.
EXECUTIVE SESSION - Report only.
1. LITIGATION PSE VS City of Bellingham: Staff provided an update on this matter. No action was taken.NO ACTION
2. LITIGATION Pacific Crest Partners vs City of Bellingham: Staff provided an update on this litigation matter.
    GK / JW moved to authorize the Mayor to enter into a Settlement Agreement with Pacific Crest Partners in which the city pays Pacific Crest Partners $316,036.00 in exchange for Pacific Crest Partners' dismissal of its lawsuit and release of its damage claims against the city. MOTION CARRIED 7-0.
    APPROVED
    3. LABOR UPDATE TENTATIVE AGREEMENT RATIFICATIONS: City staff provided an update on labor negotiations.

    LB / SS moved to approve the agreement with AFSCME 114L (Librarians) with the following terms:
      Term of Agreement: Modifications to current 2009-2011 agreement
      Wages: 0% for 2010
      Benefits: No change to health plan
        MOTION CARRIED 7-0.

        LB / SS moved to approve the agreement with AFSCME 114F (Fire Dispatch) with the following terms:

        Term of Agreement: 2010-2011
        Wages: 0% for 2010, wage re-opener for 2011
        Benefits: No change to health plan

        MOTION CARRIED 7-0.
        114L APPROVED & 114F APPROVED
        4. POTENTIAL LITIGATION: Staff provided an update on a potential litigation matter. Direction was provided to staff. No action was taken.
        NO ACTION
        MAYOR'S REPORT
        AB18592 1. LABOR UNION AGREEMENT UPDATE
        Information only.
        INFO ONLY
        AB18593 2. WATERFRONT TRANSPORTATION ALTERNATIVES UPDATE
        Information only.
        INFO ONLY
        AB18594 3. MAYOR'S REAPPOINTMENT OF JOHN STEWART TO THE DESIGN REVIEW BOARD
        SS / TB moved to authorize the Mayor to reappoint John Stewart to the Design Review Board, term ending September 25, 2013. MOTION CARRIED 7-0.
        APPROVED
        AB18595 4. MAYOR'S APPOINTMENT OF MARISA PAPETTI TO THE BELLINGHAM ARTS COMMISSION
        JW / BAR moved to authorize the mayor to appoint Marisa Papetti to the Bellingham Arts Commission, term ending January 1, 2012. MOTION CARRIED 7-0.
        APPROVED
        AB18596 5. MAYOR'S REAPPOINTMENT OF SUSAN GRIBBIN AND KATHY KERSHNER TO THE COMMUNITY DEVELOPMENT ADVISORY BOARD
        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.
        AB18597 CB 13556
        1. BUDGET AMENDMENT TO ALLOW FOR RECEIPT AND SPENDING OF U.S. DEPARTMENT OF HOMELAND SECURITY GRANT PROGRAM FUNDS TOTALING $22,316.75

        “AN ORDINANCE RELATING TO THE 2009 BUDGET RECOGNIZING RECEIPT OF $22,316.75 IN U. S. DEPARTMENT OF HOMELAND SECURITY GRANT DOLLARS INTO THE GENERAL FUND AND APPROPRIATING RELATED EXPENDITURES OF THOSE FUNDS TOTALING $22,316.75.”
        CB 13556
        (Consent Agenda)
        AB18598 CB 13557
        2. A BUDGET ORDINANCE RELATING TO THE 2009 BUDGET, ELIMINATING ONE POSITION AND RECLASSIFYING FIVE OTHER POSITIONS IN THE GIS SECTION OF PUBLIC WORKS, WHERE NO ADDITIONAL APPROPRIATION OR REALLOCATION OF FUNDS IS REQUIRED

        AN ORDINANCE RELATING TO THE 2009 BUDGET ELIMINATING ONE POSITION AND RECLASSIFYING FIVE OTHER POSITIONS IN THE GIS SECTION OF THE PUBLIC WORKS DEPARTMENT AND PLACING THE ESTIMATED SAVINGS IN ESTIMATED ENDING UNDESIGNATED RESERVE IN THE STREET FUND.”
        CB 13557
        (Consent Agenda)
        AB18599 CB 13558
        3. AN ORDINANCE RELATING TO THE 2009 BUDGET REDUCING REVENUES AND EXPENDITURES ASSOCIATED WITH THE ANTICIPATED BOND ISSUE FOR THE FAIRHAVEN LIBRARY REMODEL PROJECT

        AN ORDINANCE RELATING TO THE 2009 BUDGET REMOVING RECEIPT OF BOND REVENUES AND SPENDING AUTHORITY FOR REMODELING THE FAIRHAVEN LIBRARY.”
        CB 13558
        (Consent Agenda)
        AB18600 4. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL AUGUST 16 TO AUGUST 31, 2009(Consent Agenda)
        AB18601 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FOR SEPTEMBER 4 TO SEPTEMBER 11, 2009

        GK / SS moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0.
        CONSENT AGENDA APPROVED IN ITS ENTIRETY
        FINAL CONSIDERATION OF ORDINANCES
        AB18579 1. CB 13553
        AN ORDINANCE RELATING TO THE 2009 BUDGET REALLOCATING $12,440.00 IN EXPENDITURES IN THE POLICE DEPARTMENT, GENERAL FUND; AND THE PUBLIC WORKS DEPARTMENT, PARKING SERVICES FUND; TO ACCOMMODATE AN INCREASE IN SALARY AND BENEFIT COSTS RESULTING FROM A RENEGOTIATED WAGE LEVEL FOR PARKING ENFORCEMENT OFFICERS.

        TB / LB 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 #2009-09-059
        Ord. 2009-09-059
        APPROVED
        AB18576 2. CB 13552
        AN ORDINANCE RELATING TO BELLINGHAM MUNICIPAL CODE CHAPTER 2.39 ENTITLED “MUSEUM” AND AMENDING SECTIONS 2.39.010 – 2.39.030 AND SECTION 2.39.050 TO REFLECT THE CURRENT NAME, WHATCOM MUSEUM FOUNDATION, AND TO UPDATE THE CODE TO REFLECT CHANGES PROVIDED IN THE 2009 MUSEUM OPERATING AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND THE WHATCOM MUSEUM FOUNDATION

        BAR / 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:
        EXCUSED:

        MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-09-060
        Ord. 2009-09-060
        APPROVED
        ADJOURNMENT
        There being no further business, the meeting was adjourned at 10:19 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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