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CITY COUNCIL AGENDA FOLLOW UP: September 14, 2009

CALL TO ORDER
ANNOUNCEMENTS & UPCOMING MEETINGS:

· 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.”

· 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.

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 / JW moved approval of the August 24, 2009 minutes of the regular Council Meeting as submitted. MOTION CARRIED 6-0-1, SS abstained due to his absence at the meeting.
APPROVED
PUBLIC COMMENT PERIOD

PRESENTATION
1. EXECUTIVE SESSION ITEM #7: POTENTIAL PROPERTY ACQUISITION
GK / JW moved to authorize the Mayor to enter into an agreement for the Purchase and Sale in Lieu of Condemnation with Douglas Management Company, for $1.00 of the site commonly known as the “R. G. Haley” property. MOTION CARRIED 7-0.
APPROVED
AB18571 2. H1N1 FLU UPDATE BY DR. GREG STERN, WHATCOM COUNTY HEALTH DEPARTMENT`
Information only.
INFO ONLY
PUBLIC HEARING
AB18572 1. A PUBLIC HEARING TO CONSIDER TEXT AMENDMENTS TO THE BIRCHWOOD NEIGHBORHOOD PLAN
Public hearing held.
JW / GK moved to direct staff to prepare an ordinance approving the proposed changes to the Birchwood Neighborhood Plan, to be included with Comprehensive Plan amendments. MOTION CARRIED 6-1, BAR opposed.
Public hearing held.
DIRECTION TO STAFF
COUNCIL STANDING COMMITTEE MEETINGS:
TRANSPORTATION
MEMBERS: JACK WEISS, CHAIR; BARBARA RYAN; STAN SNAPP
AB18573 1. UPDATE TO CITY COUNCIL BY TOM PARKER, TRANSPORTATION LOBBYIST FOR WHATCOM COUNCIL OF GOVERNMENTS AND CITY OF BELLINGHAM
Information only.
INFO ONLY
WATERFRONT DEVELOPMENT
MEMBERS: JACK WEISS, CHAIR; BARBARA RYAN; TERRY BORNEMANN
AB18524 CB 13543
1. WORK-SESSION ON THE DRAFT SHORELINE MASTER PROGRAM REGARDING THE WATERFRONT DISTRICT
GK / SS moved to postpone further consideration to the September 21, 2009 council meeting. MOTION CARRIED 7-0.
POSTPONED TO 9/21/09
PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: TERRY BORNEMANN, CHAIR; BARBARA RYAN; JACK WEISS; LOUISE BJORNSON
AB18574 1. LATEST COUNTY RECOMMENDATIONS REGARDING 20-YEAR GROWTH FORECASTS AND POTENTIAL CHANGES TO BELLINGHAM'S URBAN GROWTH AREA BOUNDARY
TB / BAR moved to direct staff to prepare a letter accepting the population projection recommended by the County Executive of 116,202. MOTION CARRIED 6-1, LB opposed.

BAR / TB moved to direct staff to include in the letter to the County Executive the city's recommendation that the Geneva and Hillsdale areas remain in Bellingham's UGA. Additionally, if the ultimate decision by the county is to remove these areas from the UGA, the city urges the county to adopt the development and environmental protection standards recently adopted by the city for the Silver Beach area of Bellingham and to provide the necessary resources to enforce these standards. MOTION CARRIED 7-0.

JW / TB moved to direct staff to include in the letter to the County Executive that the city accepts the county's recommendation to remove the southern half of the Yew Street area from the UGA and place it in a UGA Reserve category. MOTION CARRIED 6-1, LB opposed.
DIRECTION TO STAFF (3 motions)
COMMITTEE OF THE WHOLE
MEMBERS: BARRY BUCHANAN, CHAIR
AB18575 1. CONSIDERATION OF THE MUSEUM OPERATING AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND THE WHATCOM MUSEUM FOUNDATION
BAR / LB moved to authorize the Mayor to execute the 2009 Museum Operating Agreement with the Whatcom Museum Foundation. MOTION CARRIED 7-0.
APPROVED
AB18576 CB 13552
2. AN ORDINANCE RELATING TO BMC 2.39 MUSEUM, AMENDING THIS CHAPTER TO REFLECT THE CURRENT NAME OF THE WHATCOM MUSEUM FOUNDATION AND TO BE CONSISTENT WITH THE TERMS OF THE 2009 MUSEUM OPERATING AGREEMENT

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 / LB moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13552
APPROVED
1. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
None submitted at evening meeting.
2. OLD/NEW BUSINESS
    Council Member Bornemann proposed that the council support the Mayor's decision to offer John Stewart the key to the city.

    Council Member Bjornson noted that the United States Post Office will remain downtown.
    EXECUTIVE SESSION – Report only.
    1. POTENTIAL PROPERTY ACQUISITION: Staff provided an update on the status of a potential property acquisition. No action was taken.NO ACTION
    2. POTENTIAL PROPERTY ACQUISITION: Staff provided an update on the status of a potential property acquisition. No action was taken.NO ACTION
    3. POTENTIAL PROPERTY ACQUISITION: Staff provided updated information on potential acquisition of approximately .74 acres on Fairhaven Avenue in Chuckanut Village.
    SS / TB moved to authorize the purchase of said property at a purchase price of $350,000. MOTION CARRIED
    APPROVED
    4. LITIGATION: Matia v. City of Bellingham: An update was provided to council on a pending litigation matter. No action was taken.NO ACTION
    5. CLAIM FOR DAMAGES NO. 2008-24: An update was provided to council on a pending litigation matter. No action was taken.NO ACTION
    6. CLAIM FOR DAMAGES NO. 2008-22: Staff provided a briefing on an appeal under BMC 4.16.020, which authorizes claimants to appeal a denial of a claim for damages. Council considered Claim for Damages No. 2008-22.
    BAR / JW moved to deny Claim No. 2008-22. MOTION CARRIED 7-0
    APPROVED
    7. POTENTIAL PROPERTY ACQUISITION: See Council action at beginning of meeting under Presentations.(See Presentations)
    8. POTENTIAL PROPERTY ACQUISITION: Staff provided update on the status of a potential property acquisition. Information only. No action was taken.
      NO ACTION
      MAYOR'S REPORT
      AB18577 1. MAYOR'S APPOINTMENT OF ANDREA HAAS AS THE PUGET REPRESENTATIVE TO THE MAYOR'S NEIGHBORHOOD ADVISORY COMMISSION
      Information only.
      INFO ONLY
      AB18578 2. MAYOR'S APPOINTMENT OF MORGAN HOLMGREN AS THE WWU CO-CHAIR 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.
      AB18579 CB 13553
      1. BUDGET ORDINANCE RELATING TO THE 2009 BUDGET AND UPGRADING THREE PARKING ENFORCEMENT OFFICER POSITIONS IN THE POLICE DEPARTMENT FROM SALARY GRADE 6, PLAN B TO SALARY GRADE 9, PLAN B

      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.
      CB 13553
      (Consent Agenda)
      AB18580 2. BID AWARD FOR MEDICAL SUPPLIES (NO. 47B-2009)(Consent Agenda)
      AB18581 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM AUGUST 21 TO AUGUST 28, 2009(Consent Agenda)
      AB18582 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE ON AUGUST 31, 2009(Consent Agenda)
      AB18583 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM AUGUST 28 TO SEPTEMBER 4, 2009(Consent Agenda)
      AB18584 6. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL AUGUST 1 TO AUGUST 15, 2009.

      GK / BAR moved to approve the Consent Agenda in its entirety. MOTION CARRIED 7-0.
      CONSENT AGENDA APPROVED IN ITS ENTIRETY
      FINAL CONSIDERATION OF ORDINANCES
      AB18553 1. CB 13551
      AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE SECTION 4.80.110 REGARDING THE EXECUTION OF CONTRACTS.

      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:
      EXCUSED:

      MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-09-058
      Ord. 2009-09-058
      APPROVED
      ADJOURNMENT
      There being no further business, the meeting was adjourned at 9:55 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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