| CALL TO ORDER |  |
| ANNOUNCEMENTS & UPCOMING MEETINGS: · On August 24 @ 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. · On September 14 @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding Amendments to the Birchwood Neighborhood Plan to clarify outdated text. · On September 21 @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding amendments to the Bellingham Municipal Code for exceptions to retail store size limits, or “the big box ordinance.” Bellingham City Council meets all requirements of the State of Washington Open Meetings Act. | |
| PLEDGE OF ALLEGIANCE Led by Council President Buchanan. | |
| ROLL CALL Terry Bornemann excused. | |
| APPROVAL OF MINUTES GK / BAR moved approval of the July 27, 2009 minutes of the regular Council Meeting as submitted. MOTION CARRIED 6-0. | APPROVED |
| PUBLIC COMMENT PERIOD | |
| PRESENTATION | |
| AB18547 1. PRESENTATION REGARDING “CAREER JUMP” PROGRAM FROM THE OPPORTUNITY COUNCIL Information only. | INFO ONLY |
| AB18548 2. UPDATE ON THE STATUS OF CITY WATER TREATMENT AND SUPPLIES Information only. | INFO ONLY |
| PUBLIC HEARING | |
| AB18549 CB 13547 1. An ordinance approving the annexation of approximately 233 acres of land known as the Van Wyck / James Street Annexation. “AN ORDINANCE RELATING TO THE ANNEXATION OF APPROXIMATELY TWO HUNDRED AND THIRTY THREE ACRES OF UNINCORPORATED PROPERTY LOCATED ADJACENT TO THE NORTHERN BOUNDARY OF THE BELLINGHAM CITY LIMITS AND COMMONLY KNOWN AS THE VAN WYCK / JAMES STREET ANNEXATION; ASSIGNING CITY LAND USE AND ZONING DESIGNATIONS, AND ESTABLISHING AN EFFECTIVE DATE.” Public hearing held. Council Member Bjornson requested that the words “at 10 to 24 units per acre“ be added after urban densities in the first WHEREAS. GK / LB moved approval for first and second reading as amended and directed staff to finalize language in Concomitant Agreement prior to final consideration of ordinance. MOTION CARRIED 4-2, JW, SS OPPOSED. | Public hearing held. CB 13547 APPROVED AS AMENDED w/ Direction to Staff |
| AB18550 CB 13548 2. An ordinance approving the annexation of approximately 38 acres of land known as the Queen Mountain Annexation. “AN ORDINANCE RELATING TO THE ANNEXATION OF APPROXIMATELY THIRTY EIGHT ACRES OF UNINCORPORATED PROPERTY LOCATED ADJACENT TO THE NORTHERN BOUNDARY OF THE BELLINGHAM CITY LIMITS AND COMMONLY KNOWN AS THE QUEEN MOUNTAIN ANNEXATION; ASSIGNING CITY LAND USE AND ZONING DESIGNATIONS.” Public hearing held. Council Member Bjornson requested that the words “at 6 to 10 units per acre” be added after urban zoning in the first WHEREAS. JW / GK moved approval for first and second reading as amended. MOTION CARRIED 5-1, JW OPPOSED. | Public hearing held. CB 13548 APPROVED AS AMENDED |
| COUNCIL STANDING COMMITTEE MEETINGS: | |
| FINANCE & PERSONNEL MEMBERS: GENE KNUTSON, CHAIR; LOUISE BJORNSON; STAN SNAPP | |
| AB18551 CB 13549 1. An ordinance establishing the maximum rate of the Local Infrastructure Finance Tool tax. “AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON ESTABLISHING THE MAXIMUM LOCAL INFRASTRUCTURE FINANCE TOOL (LIFT) TAX RATE AS REQUIRED BY ENGROSSED SUBSTITUTE SENATE B ILL 5901, SECTION 8 (4).” GK / BAR moved approval for first and second reading. MOTION CARRIED 6-0. | CB 13549 APPROVED |
| AB18505 CB 13537 2. An ordinance relating to the 2009 Budget amending the employer contribution to the Unemployment Compensation Fund and increasing estimated ending undesignated reserves. “AN ORDINANCE AMENDING THE 2009 BUDGET INCREASING THE EMPLOYER CONTRIBUTION TO THE UNEMPLOYMENT COMPENSATION FUND AND ESTIMATED ENDING UNDESIGNATED RESERVES BY $520,000.00.” See action under Final Consideration of Ordinances. | See action under Final Consideration of Ordinances |
| PUBLIC WORKS / PUBLIC SAFETY MEMBERS: LOUISE BJORNSON, CHAIR; GENE KNUTSON; STAN SNAPP | |
| AB18552 1. BID AWARD: WATER TREATMENT PLANT FILTER UPGRADE PHASE 2, EW-171, BID # 49B-2009 LB / GK moved to award Bid No.49B-2009 for Water Treatment Plant Filter Upgrade Phase II, EW-171 to Razz Construction, Inc. of Bellingham, 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 $728,035.00, which includes WSST. MOTION CARRIED 6-0. | APPROVED |
| AB18553 | REMOVED FROM AGENDA |
| LAKE WHATCOM RESERVOIR COMMITTEE MEMBERS: STAN SNAPP, CHAIR; BARBARA RYAN; GENE KNUTSON | |
| AB18554 1. LAKE WHATCOM TECHNICAL REVIEW TASK FORCE REPORT SS / BAR moved to direct staff to review the recommendations in the Lake Whatcom Reservoir Technical Review Task Force Report and report to council on possible responses to the recommendations. MOTION CARRIED 6-0. | DIRECTION TO STAFF |
| AB18555 2. WORKSESSION TO DISCUSS OPTIONS FOR REVISING CURRENT RESTRICTIONS ON THE USE OF PHOSPHORUS-CONTAINING FERTILIZER IN THE LAKE WHATCOM WATERSHED SS / GK moved to direct staff to prepare an ordinance and include that signage is required, related to the ban on the use of phosphorus fertilizers in the Lake Whatcom Watershed where such fertilizers are sold. MOTION CARRIED 6-0. | DIRECTION TO STAFF |
| PLANNING & COMMUNITY DEVELOPMENT MEMBERS: TERRY BORNEMANN, CHAIR; BARBARA RYAN; JACK WEISS; LOUISE BJORNSON | |
| AB18556 Resolution #2009.26 1. A resolution establishing application fees for infill housing under BMC 20.28. “A RESOLUTION AMENDING THE PERMIT APPLICATION FEE SCHEDULE TO INCLUDE INFILL HOUSING APPLICATIONS.” BAR / GK moved final consideration of Resolution #2009-26. MOTION CARRIED 6-0. | Res. 2009-26 APPROVED |
| AB18557 Resolution #2009-27 2. A resolution supporting proposed amendments to the rural element of the Whatcom County Comprehensive Plan. “A RESOLUTION SUPPORTING PROPOSED AMENDMENTS TO THE RURAL ELEMENT OF THE WHATCOM COUNTY COMPREHENSIVE PLAN AND ZONING CHANGES IN AREAS ADJACENT TO OR NEAR THE CITY OF BELLINGHAM.” Council requested that “beginning with the land in the Lake Whatcom Watershed” be added at the end of Section 3. BAR / JW moved final consideration of Resolution #2009-27 as amended. MOTION CARRIED 6-0. | Res. 2009-27 APPROVED AS AMENDED |
| TRANSPORTATION MEMBERS: JACK WEISS, CHAIR; BARBARA RYAN; STAN SNAPP | |
| AB18534 1. Minor revisions to an ordinance to create a Transportation Commission, eliminate the Parking Commission, eliminate the Bicycle and Pedestrian Advisory Committee, and transfer administration of Residential Parking Zones from the Finance Department to the Department of Public Works
See action under Final Consideration of Ordinances. | See action under Final Consideration of Ordinances |
| 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 reported that he would like to have the 2011 Comprehensive Plan update include an Economic Development Chapter. During committee, the council directed Mark Gardner, Policy Analyst to do the initial research and report to the council in September. | |
| MAYOR'S REPORT Mayor Pike reported that the city has hired Jim Timmer, as the city's Building Official. Mayor Pike presented a brief waterfront update and noted that staff is continuing to work on the Tiger Grant and the Burlington Northern Santa Fe Railroad (BNSF) is fully supporting the application; engineering work and waterfront connections are continuing and the city and the Port of Bellingham have unanimously agreed to hire a consultant to do an Historic Preservation Analysis. | |
| EXECUTIVE SESSION – Report only. | |
| 1. LITIGATION RE: PUBLIC DISCLOSURE REQUEST: Staff provided an update on the status of litigation regarding Public Records Request No. 1923. BAR / GK moved to authorize the Mayor to execute a settlement agreement to resolve this matter, including payment of $6,505 to the requestor. MOTION CARRIED 6-0 | APPROVED |
| 2. POTENTIAL PROPERTY ACQUISITION: Staff provided an update on the status of a potential property acquisition. No action was taken. | NO ACTION |
| 3. LITIGATION: Pacific Crest Partners v. City of Bellingham: City staff provided an update on this litigation matter regarding the San Juan Hill Preliminary Plat. Direction was provided to staff. No action taken. | NO ACTION |
| 4. LITIGATION: Brisbane v. City of Bellingham: City staff provided an update on this litigation matter regarding the 9-lot North Chuckanut Estates Short Plat located on the north side of Chuckanut Mountain. Plaintiffs and the city initially intended that all nine lots would be accessed via Chuckanut Crest Drive to the south of the plat. Plaintiffs now want Lots 6-9 to take access via California Street to the north as these lots do not have legal access via Chuckanut Crest Drive. In the lawsuit, Plaintiffs sought a court order allowing Lots 6-9 in the plat to take access via California Street. GK / JW moved to authorize the Mayor to execute a settlement agreement that allows the owners of Lots 6-9 of the short plat to take access via California Street from a private road that meets the following standards: (1) 20-foot wide pavement, (2) a maximum grade of 15%, (3) turning radii that comply with Fire Department standards, (4) construction of guard rails and retaining walls in appropriate locations, (5) a stormwater management system, (6) sufficient stability to support the City's fire trucks, and (7) an automated gate to ensure the road will be used only by Lots 6-9 of the short plat and emergency responders. MOTION CARRIED 6-0 | 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. | |
| AB18558 CB 13550 1. Budget amendment to allow for receipt and expenditure of $126,313 from a Bureau of Justice Grant to purchase equipment for the Department's Neighborhood Policing Team. “AN ORDINANCE RELATING TO THE 2009 BUDGET RECOGNIZING RECEIPT OF A U.S. DEPARTMENT OF JUSTICE BYRNE/JAG RECOVERY GRANT TO THE POLICE DEPARTMENT IN THE AMOUNT OF $126,131.00 AND APPROPRIATING FUNDS FOR RELATED EXPENDITURES IN THE AMOUNT OF $120,131.00 IN THE GENERAL FUND AND $6,000.00 IN THE CRIMINAL JUSTICE FUND.” | (Consent Agenda) CB 13550 |
| AB18559 2. BID AWARD: POST POINT SWITCHGEAR REFURBISHING, BID # 67B-2009 | (Consent Agenda) |
| AB18560 3. BID AWARD: POST POINT ROTARY PRESS INSTALLATION, BID # 57B-2009 | (Consent Agenda) |
| AB18561 4. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM JULY 1 TO JULY 15, 2009 | (Consent Agenda) |
| AB18562 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM JULY 17 TO JULY 24, 2009
| CONSENT AGENDA APPROVED IN ITS ENTIRETY |
| FINAL CONSIDERATION OF ORDINANCES | |
| AB18482 1. CB 13546 AN ORDINANCE RELATING TO LAND USE PLANNING AND ZONING, CREATING A 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 21.10.040.C TO IMPLEMENT THE NEW CHAPTER. BAR / 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, BUCHANAN, KNUTSON, BARBARA RYAN, SNAPP, WEISS NAYS: ABSTENTIONS: EXCUSED: BORNEMANN MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-08-047 | Ord. 2009-08-047 APPROVED |
| AB18483 2. CB 13540 AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE SECTION 15.08.040 WATER SERVICE CONNECTIONS, SECTION 15.12.040 SEWER SERVICE CONNECTIONS, SECTION 18.12.020 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. BAR / 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, BUCHANAN, KNUTSON, BARBARA RYAN, SNAPP, WEISS NAYS: ABSTENTIONS: EXCUSED: BORNEMANN MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-08-048 | Ord. 2009-08-048 APPROVED |
| AB18505 3. 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. AYES: BJORNSON, BUCHANAN, KNUTSON, BARBARA RYAN, SNAPP, WEISS NAYS: ABSTENTIONS: EXCUSED: BORNEMANN MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-08-050 | Ord. 2009-08-050 APPROVED |
| AB18523 4. CB 13542 AN ORDINANCE RELATING TO LAND USE REGULATIONS, AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 20.20, SECTION 21.10.040 AND 21.10.150 REGARDING THE PROCESS FOR ESTABLISHING THE DOCKET FOR ANNUAL COMPREHENSIVE PLAN AMENDMENTS. AYES: BJORNSON, BUCHANAN, KNUTSON, BARBARA RYAN, SNAPP, WEISS NAYS: ABSTENTIONS: EXCUSED: BORNEMANN MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-08-051 | Ord. 2009-08-051 APPROVED |
| AB18530 5. CB 13544 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. AYES: BJORNSON, BUCHANAN, KNUTSON, BARBARA RYAN, SNAPP, WEISS NAYS: ABSTENTIONS: EXCUSED: BORNEMANN MOTION CARRIED 6-0 and was thereafter named Ordinance #2009-08-052 | Ord. 2009-08-052 APPROVED |
| AB18534 6. CB 13545 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 WITH MINOR REVISIONS CORRECT LANGUAGE. BAR / 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: BUCHANAN, BARBARA RYAN, SNAPP, WEISS NAYS: BJORNSON, KNUTSON ABSTENTIONS: EXCUSED: BORNEMANN MOTION CARRIED 4-2 and was thereafter named Ordinance #2009-08-053 | Ord. 2009-08-053 APPROVED |
| ADJOURNMENT There being no further business, the meeting was adjourned at 9:28 p.m. | |
