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CITY COUNCIL AGENDA FOLLOW UP: April 12, 2010

CALL TO ORDER
ANNOUNCEMENTS & UPCOMING MEETINGS:
    The City Council’s Lake Whatcom Reservoir Committee is now the “Lake Whatcom Reservoir and Natural Resources” Committee.
    On April 26, 7:00 p.m. in City Council Chambers, there will be a Public Hearing regarding a code amendment to allow permit extensions due to economic hardship.

Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.
PLEDGE OF ALLEGIANCE
Led by Julianne Guy.
ROLL CALL
All present.
APPROVAL OF MINUTES
JW / SS moved approval of the March 29, 2010 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.
APPROVED UNDER OLD & NEW BUSINESS
15-MINUTE PUBLIC COMMENT PERIOD

PUBLIC HEARING
AB18587 CB 13554
1. AN ORDINANCE REGARDING EXCEPTIONS TO THE 90,000 SQUARE FOOT SIZE LIMIT FOR RETAIL ESTABLISHMENTS
Public hearing held.
Amendment to 2.b. The words “The area of” replace “Any” - the item will read: The area of new or expanded impervious surfacing shall have a Green Factor score of at least 0.3.
JW / SS moved approval for first and second reading as amended. MOTION CARRIED 7-0.
CB 13554
Public hearing held.
APPROVED AS AMENDED
COUNCIL STANDING COMMITTEE MEETINGS:
PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: CHAIR, TERRY BORNEMANN; SETH FLEETWOOD; MICHAEL LILLIQUIST; JACK WEISS
AB18822 1. WHATCOM COMMUNITY FOUNDATION UPDATE TO COUNCIL
Information only.
INFO ONLY
AB18823 2. AN UPDATE ON COMMUNITY GARDENS
Information only.
INFO ONLY
WATERFRONT DEVELOPMENT COMMITTEE
MEMBERS: CHAIR, JACK WEISS; TERRY BORNEMANN; MICHAEL LILLIQUIST; SETH FLEETWOOD
AB18824 1. WATERFRONT REDEVELOPMENT PROJECT UPDATE
Information only.
INFO ONLY
PARKS AND RECREATION
MEMBERS: CHAIR, SETH FLEETWOOD; TERRY BORNEMANN; STAN SNAPP
AB18626 1. APPROVAL OF STRATEGIC PLAN FOR SOUTH AREA GREENWAY 3 LEVY LAND ACQUISITIONS
SF / TB moved to defer pending negotiation on a parcel of land.. MOTION CARRIED 5-2, JW, SS opposed.
APPROVED TO DEFER
LAKE WHATCOM RESERVOIR & NATURAL RESOURCES COMMITTEE
MEMBERS: CHAIR, MICHAEL LILLIQUIST; BARRY BUCHANAN; STAN SNAPP
AB18825 1. CONSERVATION EASEMENT FOR LAKE WHATCOM ACQUISITION PROPERTIES – GENEVA PRESERVE
ML / SS moved to authorize the Mayor to enter into a contract with Whatcom Land Trust. MOTION CARRIED 7-0.
APPROVED
PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: CHAIR, BARRY BUCHANAN; STAN SNAPP; JACK WEISS
AB18826 1. DISCUSSION REGARDING IMPLEMENTATION OF A COMPREHENSIVE INFLOW AND INFILTRATION PROGRAM
BB / TB moved to direct staff to proceed with staff recommendations as follow:
    Move forward with a Pilot Demonstration project in the Central Basin District,
    Delay the Wet Weather Facility until completion of the Pilot Demonstration Project, and
    Use a portion of the Bond proceeds designated for the Wet Weather Facility to fund the Pilot Demonstration Project.
MOTION CARRIED 7-0.
DIRECTION TO STAFF
COMMITTEE OF THE WHOLE
CHAIR, GENE KNUTSON
          1. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
None submitted.
          2. OLD/NEW BUSINESS
The March 29, 2010 Evening City Council Minutes were approved.

Council Member Lilliquist reported: Available soon on the city’s web site are: The Lake Whatcom 5-year Accomplishment Report and the Lake Whatcom Work Plan; on April 20, 2010 there will be a Joint Meeting of the City Council, Whatcom County Council and Lake Whatcom Water & Sewer District, 6:30 p.m. City Hall to consider the Work Plan.

EXECUTIVE SESSION - Report only.
1. RATIFICATION OF WHATCOMM DISPATCH GUILD COLLECTIVE BARGAINING AGREEMENT FOR 2010-2011: City staff provided an update on labor negotiations.

SS/TB moved to approve the agreement with Whatcomm Dispatch Guild with the following terms:

Term of Agreement: 2 years
Wages: 2010: 0%
2011: Reopen wages and benefits
Benefits: No change to medical plan or premium-sharing
for 2010.
MOTION CARRIED 7-0.
APPROVED
2. POTENTIAL LITIGATION: Staff provided information on a potential litigation matter relating to Fire District #4 and the Van Wyck/James Street and Queen Mountain annexations.

TB / SS moved to authorize the Mayor to sign an Interlocal Agreement concerning Mitigation of Annexation Impacts as follows:

a. The City shall pay to Fire District #4 three years of fire district tax revenue from the Van Wyck/James Street annexation. This shall be paid as a lump sum in the amount of $10,176.

b. Fire District #4 shall provide automatic aid for water tender services as needed for three years from the effective date of the annexations.

c. The Bellingham Fire Department shall provide fire protection and emergency medical services to limited isolated areas that are located outside the annexation area, which are accessed from within the annexation area for a period of three years from the effective date of the annexations.

MOTION CARRIED 7-0.
APPROVED
3. LITIGATION: Puget Sound Energy v. City of Bellingham: Staff provided an update on the status of the two tax litigation disputes involving Puget Sound Energy (PSE) and the city. Staff recommended that one dispute over Business and Occupation Taxes be resolved by way of a settlement agreement. The terms of the settlement agreement would require that PSE be refunded $159,000 and the city would retain $102,000. There are no future tax ramifications to this settlement agreement.

ML / BB moved to authorize settlement of the Business and Occupation Tax litigation matter. MOTION CARRIED 7-0
APPROVED
MAYOR’S REPORT
          1. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.

The Mayor attended the UGA settlement hearing and shared his concerns of the proceedings.
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.
AB18827 CB 13610
1. BUDGET AMENDMENT TO ALLOW FOR RECEIPT AND SPENDING OF GRANT FUNDS FROM WASHINGTON TRAFFIC SAFETY COMMISSION TOTALING $9,400

AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A WASHINGTON TRAFFIC SAFETY COMMISSION GRANT AND APPROPRIATING AN ADDITIONAL $9,400.00 OF EXPENDITURES IN THE GENERAL FUND.”
CB 13610
(Consent Agenda)
AB18828 Resolution #2010-15
2. LIMITED TIME DISCOUNT SALE ON GRAVESITES AT BAYVIEW CEMETERY

A RESOLUTION ESTABLISHING FEES FOR BAYVIEW CEMETERY.”
Res. 2010-15
(Consent Agenda)
AB18829 CB 13611
3. AN ORDINANCE TO AMEND THE 2009 BUDGET APPROPRIATING $147,662.00 OF EXPENDITURES IN THE ARTERIAL STREET CONSTRUCTION FUND
CB 13611
(Consent Agenda)
AB18830 4. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM MARCH 1, 2010 TO MARCH 15, 2010.(Consent Agenda)
AB18831 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM MARCH 19, 2010 TO MARCH 26, 2010.

JW / SS moved to approve the Consent Agenda in its entirety. MOTION CARRIED 7-0.
CONSENT AGENDA APPROVED IN ITS ENTIRETY
FINAL CONSIDERATION OF ORDINANCES
AB18817 1. CB 13609
AN ORDINANCE RELATING TO THE 2010 BUDGET TO ACCOUNT FOR THE RECEIPT OF A DEPARTMENT OF ECOLOGY GRANT AND APPROPRIATING AN ADDITIONAL $50,000.00 OF EXPENDITURES IN THE SURFACE AND STORMWATER UTILITY FUND.

JW / 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: BORNEMANN, BUCHANAN, FLEETWOOD, KNUTSON, LILLIQUIST, SNAPP, WEISS
NAYS:
ABSTENTIONS:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2010-04-022
Ord. 2010-04-022
APPROVED
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:15 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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