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CITY COUNCIL AGENDA FOLLOW UP: July 27, 2009

CALL TO ORDER
ANNOUNCEMENTS & UPCOMING MEETINGS:

· On August 10th @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding a proposed annexation in the Queen Mountain area north of Bellingham.

· On August 10th @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding a proposed annexation of the Van Wyck/James Street area north of Bellingham.

· On August 24th @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding amendments to the Land Use Chapter of the Bellingham Comprehensive Plan, relating to Urban Village policies.

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
GK / BAR moved approval of the July 13, 2009 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.
APPROVED
PUBLIC COMMENT PERIOD
PRESENTATION
AB18520 1. CIGARETTE LITTER PREVENTION MONTH PROCLAMATION
Information only.
INFO ONLY
AB18521 2. TWENTY-SIXTH ANNUAL NATIONAL NIGHT OUT AGAINST CRIME
Information only.
INFO ONLY
AB18522 3. THE TRIPLE BOTTOM LINE BENEFITS OF THE TWO CITY-SPONSORED WASHINGTON CONSERVATION CORPS CREWS
Information only.
INFO ONLY
PUBLIC HEARING(S)
AB18523 CB 13542
1. AN ORDINANCE REGARDING THE PROCESS FOR ESTABLISHING THE DOCKET FOR ANNUAL COMPREHENSIVE PLAN AMENDMENTS
Public hearing held.
Clarification made by staff to insert (underscored words) to 21.10.040, Section 3,B,, third sentence, following the words “Regardless of when they are initiated under the Growth Management Act…” .
GK / BAR moved approval for first and second reading as amended. MOTION CARRIED 7-0.
Public hearing held.
CB 13542
APPROVED AS AMENDED
AB18524 CB 13543
2. A FINAL PUBLIC HEARING ON THE 2009 DRAFT SHORELINE MASTER PROGRAM (SMP) AND THE ADOPTION OF AN ORDINANCE
Public hearing held.
BAR / JW moved to postpone further consideration to the September 14, 2009 council meeting. MOTION CARRIED 7-0

BREAK
Council President Buchanan called the meeting back to order at 9:34 p.m.
Public hearing held.
Postponed to 9/14/09
FINANCE & PERSONNEL
MEMBERS: GENE KNUTSON, CHAIR; LOUISE BJORNSON; STAN SNAPP
AB18525 1. DISTINGUISHED BUDGET PRESENTATION AWARD
Information only.
INFO ONLY
AB18526 2. REVIEW OF SECOND QUARTER FINANCIAL REPORT
Information only.
INFO ONLY
AB18527 Resolution #2009-23
3. “A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE DETERMINATIONS OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES FROM PROCEEDS OF BONDS ON BEHALF OF THE CITY.”
GK / LB moved final approval of Resolution #2009-23. MOTION CARRIED 7-0.
Res. 2009-23
APPROVED
AB18528 Resolution #2009-24
4. A resolution setting the fee for purchasing residential density in recently annexed transfer of Development Rights receiving zones.
    “A RESOLUTION ESTABLISHING A FEE FOR DENSITY BONUSES IN SPECIFIC TRANSFER OF DEVELOPMENT RIGHTS RECEIVING ZONES PAYABLE TO THE LAKE WHATCOM WATERSHED PROPERTY ACQUISITION PROGRAM FUND.”
    GK / SS moved final approval of Resolution #2009-24. MOTION CARRIED 7-0.
    Res. 2009-24
    APPROVED
    AB18529 5. APPROVAL FOR MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE DEPARTMENT OF ECOLOGY TO CONTINUE FUNDING FOR THE SSWU SOURCE CONTROL PROGRAM
    GK / BAR moved to authorize the Mayor to enter into an Interagency Agreement with the Washington State Department of Ecology to continue funding for the SSWU Source Control Program. MOTION CARRIED 7-0.
    APPROVED
    AB18530 CB 13544
    5. A budget ordinance to accept a Department of Ecology grant into the Storm & Surface Water Utility (SSWU) Fund for the purpose of continuing the funding of the existing source control program

    “AN ORDINANCE RELATING TO THE 2009 BUDGET RECOGNIZING AWARD OF A DEPARTMENT OF ECOLOGY GRANT AND APPROPRIATING AN ADDITIONAL $37,735.00 IN THE STORM AND SURFACE WATER UTILITY FUND, DEPARTMENT OF PUBLIC WORKS, TO PROVIDE STAFFING FOR THE TWO-YEAR LOCAL SOURCE CONTROL PARTNERSHIP PROGRAM, FROM UNANTICIPATED GRANT REVENUE.”
    GK / SS moved approval for first and second reading. MOTION CARRIED 7-0.

    CB 13544
    APPROVED
    PARKS AND RECREATION
    MEMBERS: BARBARA RYAN, CHAIR; LOUISE BJORNSON, TERRY BORNEMANN
    AB18531 1. BID AWARD: NORTHRIDGE PARK PHASE TWO,
    BID # 62B-2009

    BAR / LB moved to award Bid No. 62B-2009 for Northridge Park Phase Two to HB Hansen 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 $571,531.94, which includes WSST. MOTION CARRIED 7-0.

    APPROVED
    TRANSPORTATION
    MEMBERS: JACK WEISS, CHAIR; BARBARA RYAN; STAN SNAPP
    AB18532 1. PARKING COMMISSION QUARTERLY UPDATE
    Information only.
    JW / LB moved to support the Parking Commission recommendation to delay the increase in parking rates for one year. MOTION CARRIED 7-0.
    INFO ONLY &

    MOTION TO DELAY PARKING RATE INCREASE APPROVED
    AB18533 2. BID AWARD: FRASER STREET PEDESTRIAN AND BIKE IMPROVEMENTS, PHASE 3, ES-386, BID # 63B-2009
    JW / BAR moved to award Bid No. 63B-2009 for Fraser Street Pedestrian and Bike 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 $540,333.80. MOTION CARRIED 7-0.
    APPROVED
    AB18534 CB 13545
    3. An ordinance to create a Transportation Commission

    “AN ORDINANCE RELATING TO CITY ADVISORY BOARDS AND COMMITTEES PURSUANT TO BELLINGHAM CITY CHARTER, SECTION 7.01, ADDING A NEW CHAPTER 2.44 TO THE BELLINGHAM MUNICIPAL CODE AND ESTABLISHING A CITY TRANSPORTATION COMMISSION, ELIMINATING THE PARKING COMMISSION, ELIMINATING THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE, AND TRANSFERRING THE ADMINISTRATION OF RESIDENTIAL PARKING ZONES FROM THE FINANCE DEPARTMENT TO THE DEPARTMENT OF PUBLIC WORKS.”
    TB / JW moved to direct the Parking Commission to bring forward recommendations regarding categories and geographical boundaries for use of the Parking Fund for council review by the end of December, 2009. MOTION CARRIED 7-0.

    JW proposed the following amendments to the Transportation Commission Ordinance. Underscored words are added as follows:

    BMC 2.44.070, Section 1: All revenues received from parking related activities, excluding revenues from parking fines and penalties, shall be paid to the Finance Director and credited to parking enterprise funds. Any expenditures shall be made in accordance with the budget adopted by the City Council.; and

    BMC 2.44.070, Section 2: The current City Council Resolution creating the Bicycle and Pedestrian Advisory Committee 2001-11 is hereby repealed as of December 31, 2009.; and

    BMC 2.44.070, Section 3: The current Chapter subsections 2.02.050, 2.02.055 and 2.02.060 of the Bellingham Municipal Code creating the Parking Commission is are hereby repealed. All other remaining subsections of current Chapter 2.02 of the Bellingham Municipal Code are hereby repealed as of December 31, 2009.

    JW / TB moved approval for first and second reading as amended. MOTION CARRIED 5-2, GK, LB opposed.
    MOTION TO DIRECT PARKING COMMISSION APPROVED &

    CB 13545
    APPROVED AS AMENDED
    PUBLIC WORKS / PUBLIC SAFETY
    MEMBERS: LOUISE BJORNSON, CHAIR; GENE KNUTSON; STAN SNAPP
    AB18535 Resolution #2009-25
    1. A resolution to adopt the City of Bellingham's water system plan
      “A RESOLUTION ADOPTING AN UPDATED WATER SYSTEM PLAN, INCLUDING THE DOCUMENTS, MAPS AND REFERENCED STUDIES, REPORTS AND PLANS THAT HAVE NOT BEEN PREVIOUSLY ADOPTED BY THE CITY COUNCIL.”
      LB / TB moved final approval of Resolution #2009-25. MOTION CARRIED 7-0.
      Res. 2009-25
      APPROVED
      PLANNING & COMMUNITY DEVELOPMENT
      MEMBERS: TERRY BORNEMANN, CHAIR; BARBARA RYAN; JACK WEISS; LOUISE BJORNSON
      AB18536 1. A PRESENTATION BY WHATCOM COUNTY PLANNING STAFF REGARDING PROPOSED CHANGES TO THE COUNTY'S COMPREHENSIVE PLAN AND ZONING IN AREAS ADJACENT TO BELLINGHAM AND THE CITY'S URBAN GROWTH AREA
      TB / BAR moved to direct staff to prepare a resolution in support of the County's recommendations. MOTION CARRIED 7-0.
      DIRECTION TO STAFF
      AB18482 CB 13546
      2. An ordinance creating a new BMC 20.28 Infill Housing Toolkit, BMC 20.12.030.E Green Factor Landscaping Standards, and associated implementing code revisions to BMC 18.04.040, 20.08.020.F(3) and 21.10.040.C

                “AN ORDINANCE RELATING TO LAND USE PLANNING AND ZONING, CREATING A NEW BMC CHAPTER 20.28 INFILL HOUSING, AND NEW SUBSECTION BMC 20.12.030.E, GREEN FACTOR LANDSCAPING STANDARDS, AND AMENDING BMC 18.04.040, 20.08,020.F(3), AND 21.10.040C TO IMPLEMENT THE NEW CHAPTER.”
      BAR / GK moved approval for first and second reading. MOTION CARRIED 5-2, SS, JW opposed.
      CB 13546
      APPROVED
      AB18483 CB 13540
      3. An ordinance regarding sewer, water and infrastructure installation options for infill toolkit housing subdivisions

                “AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE SECTION 15.08.040 – WATER SERVICE CONNECTIONS, SECTION 15.12.040 SEWER SERVICE CONNECTIONS, SECTION 18.12.040 SHORT SUBDIVISIONS REQUIRED IMPROVEMENTS, SECTION 18.28.020 INSTALLATION PRIOR TO FINAL PLAT APPROVAL, SECTION 18.28.100 WATER SYSTEM AND 18.28.110 SANITARY SEWER TO ACCOMMODATE INFILL HOUSING FORMS AND UPDATE OBSOLETE PROVISIONS.”
      GK / BAR moved approval for first and second reading. MOTION CARRIED 7-0.
      CB 13540
      APPROVED
      COMMITTEE OF THE WHOLE
      MEMBERS: BARRY BUCHANAN, CHAIR
      1. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
      None submitted at evening meeting.
      Council President Buchanan reported that there was consensus by the Council to approve the minutes of the Fishbowl meeting.
      2. OLD/NEW BUSINESS
      None presented.
      EXECUTIVE SESSION – Report only.
      1. POTENTIAL LITIGATION: Staff provided an update on a potential litigation matter. Direction was provided to staff. No action was taken.NO ACTION
      2. POTENTIAL PROPERTY ACQUISITION: Staff provided updated information on the potential acquisition of an approximately 75 acre parcel of real property located along Northwest Road, between Kline Road and Waldron Road.
        JW / LB moved to authorize the purchase of said property at a purchase price of $1,700,000.00 MOTION CARRIED 7-0
          GK / LB moved to authorize the Mayor to enter into a Lease and Use Agreement with Cordata Investments. MOTION CARRIED 7-0.
          2 MOTIONS APPROVED
          MAYOR'S REPORT
          AB18537 1. MAYOR'S APPOINTMENT OF TRISH HARDING TO THE BELLINGHAM ARTS COMMISSION
          BAR / TB moved to authorize the Mayor's appointment of Trish Harding to the Bellingham Arts Commission, term ending January 1, 2011. MOTION CARRIED 7-0.
          APPROVED
          AB18538 2. MAYOR'S APPOINTMENT OF DAVID WARREN TO THE BELLINGHAM-WHATCOM PUBLIC FACILITIES DISTRICT
          TB / LB moved to authorize the Mayor's appointment of David Warren to the Bellingham-Whatcom Public Facilities District, term ending July 30, 2013. MOTION CARRIED 7-0.
          APPROVED
          AB18539 3. MAYOR'S REAPPOINTMENT OF SCOTT DOROUGH TO THE GREENWAYS ADVISORY COMMITTEE
          JW / TB moved to authorize the Mayor's reappointment of Scott Dorough to the Greenways Advisory Committee, term ending July 31, 2012. MOTION CARRIED 7-0.
          APPROVED
          AB18540 4. MAYOR'S REAPPOINTMENT OF AARON SEATON TO BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE
          SS / BAR moved to authorize the Mayor's reappointment of Aaron Seaton to the Bicycle and Pedestrian Advisory Committee, term ending July 30, 2013. MOTION CARRIED 7-0.
          APPROVED
          AB18541 5. MAYOR'S REAPPOINTMENT OF CHRISTINA MAGINNIS TO THE LAKE WHATCOM WATERSHED ADVISORY BOARD
          Information only.
          INFO ONLY
          AB18542 6. MAYOR'S REAPPOINTMENT OF MICHAEL LILLIQUIST TO THE LAKE WHATCOM WATERSHED 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.
          AB18543 1. BID AWARD: FLEET SHOP GARAGE DOORS,
          BID # 71B-2009
          (Consent Agenda)
          AB18544 2. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JULY 2 TO JULY 10, 2009(Consent Agenda)
          AB18545 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JULY 10 TO JULY 17, 2009(Consent Agenda)
          AB18546 4. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL AND ACCOUNTS PAYABLE FROM JUNE 16 TO JUNE 30, 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
          AB18503 1. CB 13536
          AN ORDINANCE RELATING TO THE ANNEXATION OF APPROXIMATELY TWENTY ACRES OF UNINCORPORATED CITY-OWNED PROPERTY KNOWN AS THE CORDATA PARK ANNEXATION AREA TO THE CITY OF BELLINGHAM. THE SITE IS LOCATED WITHIN THE CITY'S NORTHERN URBAN GROWTH AREA ADJACENT TO THE CITY'S GUIDE MERIDIAN / CORDATA NEIGHBORHOOD.

          GK / 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:

          MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-07-044
          Ord. 2009-07-044
          APPROVED
          AB18505 2. CB 13537
          AN ORDINANCE AMENDING THE 2009 BUDGET INCREASING THE EMPLOYER CONTRIBUTION TO THE UNEMPLOYMENT COMPENSATION FUND AND ESTIMATED ENDING UNDESIGNATED RESERVES BY $520,000.00.

          BAR / JW moved to hold employee contribution to the Unemployment Compensation Fund held in an Escrow account, until needed. MOTION FAILED 3-4, GK, BB, SS, LB opposed.

          GK / SS moved to postpone final consideration to August 10, 2009. MOTION CARRIED 7-0
          POSTPONED TO 8/10/09
          AB18506 3. CB 13538
          AN ORDINANCE CORRECTING THE 2009 BUDGET FOR A GRANT IN THE AMOUNT OF $245,000.00 FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND REDUCING RELATED EXPENDITURES IN THE GENERAL FUND.

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

          MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-07-045
          Ord. 2009-07-045
          APPROVED
          AB18507 4. CB 13539
          AN ORDINANCE RELATING TO THE 2009 BUDGET RECOGNIZING AN INTERAGENCY AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND THE WASHINGTON TRAFFIC SAFETY COMMISSION APPROPRIATING $37,500.00 OF EXPENDITURES IN THE STREET FUND TO PAY FOR SCHOOL ZONE FLASHING BEACONS.

          BAR / 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:

          MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-07-046
          Ord. 2009-07-046
          APPROVED
          AB18515 5. CB 13541
          AN ORDINANCE RELATING TO THE 2009 BUDGET RECOGNIZING RECEIPT OF A BYRNE/JAG RECOVERY GRANT TO THE POLICE DEPARTMENT IN THE AMOUNT OF $103,147.00 AND INCREASING THE GENERAL FUND ESTIMATED ENDING UNDESIGNATED RESERVES.

          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:

          MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-07-049
          Ord. 2009-07-049
          APPROVED
          ADJOURNMENT
          There being no further business, the meeting was adjourned at 10:46 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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