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CITY COUNCIL AGENDA FOLLOW UP: November 23, 2009

CALL TO ORDER
ANNOUNCEMENTS & UPCOMING MEETINGS:

    On December 7 @ 7:00 PM in the Lobby at City Hall, there will be a short reception honoring Barbara Ryan for her years of service to the community on the City Council.
    On December 7 @ 7:30 PM in Council Chambers, there will be a Public Hearing regarding Central Business District, Area 21 (Bandell Property) Rezone.
    On December 14 @ 7:00 PM in the Lobby at City Hall, there will be a short reception honoring Louise Bjornson for her years of service to the community on the City Council.

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
SS / GK moved approval of the November 9, 2009 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.
APPROVED
PUBLIC COMMENT PERIOD

PRESENTATION
AB18661 1. MAYORAL PROCLAMATION – PARTNERING WITH US CENSUS BUREAU
Mayor Pike read a Mayoral Proclamation proclaiming that the City of Bellingham is committed to partnering with the U. S. Census Bureau to help ensure a full and accurate count in 2010. Information only.
INFO ONLY
PUBLIC HEARING(S)
AB18622 1. 2010 PRELIMINARY BUDGET
Public hearing held.
Information only.
Public hearing held.
INFO ONLY
AB18524 13543
2. 2009 FINAL DRAFT OF THE SHORELINE MASTER PROGRAM

“AN ORDINANCE APPROVING THE 2009 SHORELINE MASTER PROGRAM AT THE LOCAL LEVEL AND DIRECTING THE PLANNING DIRECTOR TO PREPARE A COMPLETE SHORELINE MASTER PROGRAM SUBMITTAL TO THE DEPARTMENT OF ECOLOGY”
Public hearing held.
BAR / GK moved approval for first and second reading.
JW discussed changes with staff, which will be incorporated into the ordinance.
MOTION CARRIED 7-0.
CB 13543
APPROVED AS AMENDED
COUNCIL STANDING COMMITTEE MEETINGS:
PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: TERRY BORNEMANN, CHAIR; BARBARA RYAN; JACK WEISS; LOUISE BJORNSON
AB18642 CB 13570
1. A ORDINANCE FOR A COMPREHENSIVE PLAN AMENDMENT, REZONE AND DEVELOPMENT AGREEMENT FOR APPROXIMATELY 35 ACRES IN AREA 17D OF THE GUIDE MERIDIAN / CORDATA NEIGHBORHOOD

“AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LAND USE PLANNING AND ZONING FOR A 34.8 ACRE SITE IN AREA 17D OF THE GUIDE MERIDIAN / CORDATA NEIGHBORHOOD. THE AMENDMENTS CHANGE THE LAND USE CLASSIFICATION AND ZONING FROM INDUSTRIAL TO RESIDENTIAL/COMMERCIAL/INDUSTRIAL, PLANNED.”

TB / JW moved to direct Mark Gardner, Research Analyst to research and present options to the council for preparing an ordinance that adds regulatory language to the Bellingham Municipal Code to be presented to council on December 7, 2009; and to direct staff to prepare a draft ordinance for Planning & Community Development and Legal review by January 4th and move the ordinance through the Type 6 process and present to council for adoption in March/April 2010. MOTION CARRIED 7-0.

TB / GK moved approval for first and second reading. MOTION CARRIED 7-0.
DIRECTION TO STAFF; &
CB 13570
APPROVED
AB18604 CB 13563
2. AN ORDINANCE ADOPTING THE SAMISH WAY URBAN VILLAGE SUBAREA PLAN AND CORRESPONDING CHANGES TO THE ZONING AND DEVELOPMENT REGULATIONS

“AN ORDINANCE RELATED TO LAND USE PLANNING AND ZONING FOR THE SAMISH WAY URBAN VILLAGE SUBAREA PLAN, AMENDING LAND USE AREAS 15, 16 AND A PORTION OF AREA 14 OF THE SEHOME NEIGHBORHOOD; AMENDING LAND USE AREA 8 AND A PART OF AREA 5 OF THE YORK NEIGHBORHOOD; AND AMENDING THE LAND USE DEVELOPMENT CODE (TITLE 20) FOR THE PURPOSE OF ADOPTING THE SAMISH WAY URBAN VILLAGE SUBAREA PLAN AND ASSOCIATED DEVELOPMENT REGULATIONS.”
SEE FINAL CONSIDERATION OF ORDINANCES.
CB 13563
SEE FINAL CONSIDERATION OF ORDINANCES
AB18641 CB 13571
3. AN ORDINANCE ADOPTING TEXT AMENDMENT TO THE SOUTH HILL NEIGHBORHOOD PLAN

“AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO BELLINGHAM’S COMPREHENSIVE PLAN, AMENDING THE SOUTH HILL NEIGHBORHOOD PLAN.”
TB / LB moved approval for first and second reading. MOTION CARRIED 7-0.

CB 13571
APPROVED
AB18572 CB 13572
4. AN ORDINANCE ADOPTING TEXT AMENDMENTS TO THE BIRCHWOOD NEIGHBORHOOD PLAN

“AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO BELLINGHAM’S COMPREHENSIVE PLAN, AMENDING THE BIRCHWOOD NEIGHBORHOOD PLAN.”

TB / JW moved approval for first and second reading. MOTION CARRIED 7-0.

CB 13572
APPROVED
AB18563 CB 13573
5. AN ORDINANCE ADOPTING AMENDMENT TO THE BELLINGHAM COMPREHENSIVE PLAN URBAN VILLAGE POLICIES AND MAP

“AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LAND USE PLANNING, AMENDING PORTIONS OF THE LAND USE CHAPTER OF THE BELLINGHAM COMPREHENSIVE PLAN REGARDING URBAN VILLAGES.”

TB / GK moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13573
APPROVED
AB18624 CB 13574
6. AN ORDINANCE APPROVING AMENDMENT TO THE CAPITAL FACILITIES CHAPTER OF THE BELLINGHAM COMPREHENSIVE PLAN RELATED TO THE BELLINGHAM SCHOOL DISTRICT FACILITIES

“AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LAND USE PLANNING AND THE BELLINGHAM COMPREHENSIVE PLAN, AMENDING THE PUBLIC SCHOOL FACILITY SECTION OF THE CAPITAL FACILITIES CHAPTER OF THE PLAN TO UPDATE THE TEXT AND INCORPORATE BY REFERENCE THE BELLINGHAM SCHOOL DISTRICT’S SIX-YEAR CAPITAL FACILITIES PLAN.”

TB / JW moved approval for first and second reading. MOTION CARRIED 7-0.

CB 13574
APPROVED
AB18625 CB 13575
7. AN ORDINANCE APPROVING AMENDMENT TO THE CAPITAL FACILITIES CHAPTER OF THE BELLINGHAM COMPREHENSIVE PLAN RELATED TO THE MERIDIAN SCHOOL DISTRICT FACILITIES

“AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LAND USE PLANNING AND THE BELLINGHAM COMPREHENSIVE PLAN, AMENDING THE PUBLIC SCHOOL FACILITY SECTION OF THE CAPITAL FACILITIES CHAPTER OF THE PLAN TO UPDATE THE TEXT AND INCORPORATE BY REFERENCE THE MERIDIAN SCHOOL DISTRICT’S SIX-YEAR CAPITAL FACILITIES PLAN.”
TB / BAR moved approval for first and second reading. MOTION CARRIED 7-0.
CB 13575
APPROVED
PARKS AND RECREATION
MEMBERS: BARBARA RYAN, CHAIR; LOUISE BJORNSON, TERRY BORNEMANN
AB18626 1. APPROVAL OF STRATEGIC PLAN FOR SOUTH AREA GREENWAY 3 LEVY LAND ACQUISITIONS
BAR / TB moved to postpone consideration of the Strategic plan for South Area Greenway 3 Levy Land Acquisition to the first regular meeting in February, 2010. MOTION CARRIED 4-3, SS, LB, JW opposed.
POSTPONED
WATERFRONT DEVELOPMENT COMMITTEE
MEMBERS: JACK WEISS, CHAIR; BARBARA RYAN; TERRY BORNEMANN
AB18662 1. UPDATE TO COUNCIL REGARDING WATERFRONT REDEVELOPMENT BY MAYOR PIKE
Information only.
INFO ONLY
TRANSPORTATION
MEMBERS: JACK WEISS, CHAIR; BARBARA RYAN; STAN SNAPP
Council Member Ryan left Council Chambers.

AB18663 Resolution #2009-37
1. A RESOLUTION TO ADOPT A BASE RATE FEE FOR 2010 TRANSPORTATION IMPACT FEES, AS PER BMC 19.06

“A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING TRANSPORTATION IMPACT FEES FOR 2010.”
JW / TB moved final approval of Resolution #2009-37. MOTION CARRIED 6-0, BAR excused.

Council Member Ryan returned to Council Chambers.
Res. 2009-37
APPROVED
COMMITTEE OF THE WHOLE
MEMBERS: BARRY BUCHANAN, CHAIR
AB18632 1. CONTINUATION OF DEPARTMENTAL BUDGET SUMMARIES AND BUDGET DISCUSSION
Presentations by the Executive Department and City Council were made during committee. Information only.

GK / BAR moved to reduce the combined travel budget for the City Council to $8,000 with the provision that no changes are made to the mileage section. MOTION CARRIED 6-1, SS opposed.
INFO ONLY;
CITY COUNCIL BUDGET AMENDED
          2. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
None submitted at evening meeting.
          3. OLD/NEW BUSINESS
None presented.
EXECUTIVE SESSION - Report only.
1. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition.
LB / GK moved to approve the purchase of 3.85 acres of property located in the Lake Whatcom Watershed for the purchase price of $255,000. MOTION CARRIED 7-0.
APPROVED
2. LITIGATION – Ebenal v. City of Bellingham: An update was provided to council on a pending litigation matter. No action was taken.NO ACTION
3. LABOR NEGOTIATIONS: Staff provided information on labor negotiations. No action taken.NO ACTION
MAYOR’S REPORT
AB18664 1. MAYOR’S REAPPOINTMENT OF LESLIE LANGDON AS THE CENTRAL BUSINESS DISTRICT REPRESENTATIVE TO THE MAYOR’S NEIGHBORHOOD ADVISORY COMMISSION
Information only.
INFO ONLY
AB18665 2. MAYOR’S APPOINTMENT OF JENNIFER NEWMAN AND JENI COTTRELL TO THE BELLINGHAM ARTS COMMISSION FOR COUNCIL’S APPROVAL
BAR / LB moved to authorize the Mayor to appoint Jennifer Newman and Jeni Cottrell to the Bellingham Arts Commission for a partial term expiring December 31, 2009. MOTION CARRIED 7-0.
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.
AB18621 Resolution #2009-38
1. RESOLUTION OF THE CITY COUNCIL TO DECLARE THE CITY OF BELLINGHAM A CHILDSTAR! COMMUNITY

“A RESOLUTION OF THE CITY COUNCIL TO DECLARE THE CITY OF BELLINGHAM A CHILDSTAR! COMMUNITY.”
Res. 2009-38
(Consent Agenda)
AB18666 2. AUTHORIZATION FOR THE MAYOR TO ENTER INTO AN AGREEMENT FOR DEPARTMENT OF ECOLOGY GRANT IN THE AMOUNT OF $50,000(Consent Agenda)
AB18667 3. APPROVAL OF BID AWARD FOR THE PURCHASE OF A NEW AMBULANCE, BID # 85-2009(Consent Agenda)
AB18668 CB 13576
4. BUDGET AMENDMENT TO ALLOW FOR RECEIPT AND SPENDING OF FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) DEPARTMENT OF HOMELAND SECURITY GRANT FUNDS OF $139,762.00

“AN ORDINANCE RELATING TO THE 2009 BUDGET TO ACCOUNT FOR THE RECEIPT OF A $139,762.00 GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY DEPARTMENT OF HOMELAND SECURITY TO THE FIRE DEPARTMENT AND APPROPRIATING RELATED EXPENDITURES IN THE GENERAL FUND TO PURCHASE TURNOUT GEAR AND SIX WASHING / EXTRACTOR MACHINES.”
CB 13576
(Consent Agenda)
AB18669 5. BID AWARD FOR THE PURCHASE OF “EXTRACTOR WASHING MACHINES” BID #70B-2009(Consent Agenda)
AB18670 6. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM OCTOBER 30, 2009 TO NOVEMBER 6, 2009(Consent Agenda)
AB18671 7. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM NOVEMBER 6, 2009 TO NOVEMBER 13, 2009(Consent Agenda)
AB18672 8. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM OCTOBER 16, 2009 TO OCTOBER 31, 2009

BAR / GK moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0.
CONSENT AGENDA APPROVED IN ITS ENTIRETY.
FINAL CONSIDERATION OF ORDINANCES
AB18604 1. CB 13563
AN ORDINANCE RELATED TO LAND USE PLANNING AND ZONING FOR THE SAMISH WAY URBAN VILLAGE SUBAREA PLAN, AMENDING LAND USE AREAS 15, 16 AND A PORTION OF AREA 14 OF THE SEHOME NEIGHBORHOOD; AMENDING LAND USE AREA 8 AND A PORTION OF AREA 5 OF THE YORK NEIGHBORHOOD; AND AMENDING THE LAND USE DEVELOPMENT CODE (TITLE 20) FOR THE PURPOSE OF ADOPTING THE SAMISH WAY URBAN VILLAGE SUBAREA PLAN AND ASSOCIATED DEVELOPMENT REGULATIONS

Amendments were read into the record.

TB / GK moved approval for third and final reading as amended. 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 #2009-11-069 as amended.
Ord. 2009-11-069
APPROVED AS AMENDED
AB18605 2. CB 13564
AN ORDINANCE RELATED TO LAND USE REGULATIONS, AMENDING BELLINGHAM MUNICIPAL CODE SECTIONS 20.25.020 AND 20.25.040 AND ADDING A NEW SECTION 20.25.070 REGARDING URBAN VILLAGE DESIGN

GK / 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 #2009-11-070
Ord. 2009-11-070
APPROVED
AB18648 3. CB 13565
AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, READOPTING BELLINGHAM MUNICIPAL CODE CHAPTER 2.28, RELATING TO THE PUBLIC WORKS ADVISORY BOARD, AND REPEALING SECTION 2.28.050

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 #2009-11-071
Ord. 2009-11-071
APPROVED
AB18623 4. CB 13566
AN ORDINANCE RELATING TO THE 2010 BUDGET AND SETTING THE AD VALOREM AND FOREST EXCISE TAX LEVIES FOR 2010 AND ALSO SETTING FORTH THE PERCENTAGE AND DOLLAR RATE OF INCREASE FOR THE REGULAR PROPERTY TAX LEVY FOR 2010

GK / BAR moved approval for third and final reading.

JW read a statement into the record to explain his request that the city take Banked Capacity in addition to the tax increase.

JW / BAR moved to amend the ordinance to take the 1% ($180,639) of Banked Capacity in addition to the 1% property tax increase.

JW / BAR moved to postpone the vote until Council could get a legal opinion from staff as to whether the amendment would require a Super Majority vote. MOTION CARRIED 7-0.

At the request of Council President Buchanan the clerk continued with reading Final consideration of Ordinances for AB 18653, AB 18654 and AB 18655. See votes in items 5, 6 and 7 below.

BREAK
Council President Buchanan called the meeting back to order at 9:39 p.m.

It was the opinion of the City Attorney that this motion did not require a Super Majority vote.

(MOTION APPROVING AMENDMENT)
MOTION CARRIED 4-3, GK, BB, LB opposed.

Brian Henshaw, Budget Manager read the amendments into the record, adding the banked capacity to the ordinance

(ORDINANCE AS AMENDED)
Upon motion, said bill was placed on final passage and approved by the following roll call vote:

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

MOTION CARRIED 5-2 and was thereafter named Ordinance #2009-11-072 as amended.

MAYOR PIKE VETOED THE AMENDED ORDINANCE

The City Attorney read the procedure from City Charter Article 3.04: “If upon reconsideration, a majority plus one of the whole membership, voting upon a call of ayes and nays, favor its passage, the ordinance shall become valid notwithstanding the Mayor's veto.”

BAR / TB moved to reconsider voting on the original 1% tax increase ordinance and to override the Mayor’s Veto .

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

MOTION FAILED 4-3 [Per City Charter 3.04].

The clerk read the original ordinance title for final consideration:

AN ORDINANCE RELATING TO THE 2010 BUDGET AND SETTING THE AD VALOREM AND FOREST EXCISE TAX LEVIES FOR 2010 AND ALSO SETTING FORTH THE PERCENTAGE AND DOLLAR RATE OF INCREASE FOR THE REGULAR PROPERTY TAX LEVY FOR 2010

GK / LB moved approval for third and final reading. Upon motion, said bill was placed on final passage and failed by the following roll call vote:

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

MOTION FAILED 3-4

BREAK
Council President Buchanan called the meeting back to order at 10:04 p.m.

TB / BAR moved to, once again, reconsider voting on the original ordinance.

AYES: BJORNSON, BORNEMANN, BUCHANAN, KNUTSON, BARBARA RYAN, SNAP, WEISS
NAYS:
ABSTENTIONS:
EXCUSED:

MOTION CARRIED 7-0.

The clerk, read the original ordinance title for final consideration:

AB 18623 4. CB 13566
AN ORDINANCE RELATING TO THE 2010 BUDGET AND SETTING THE AD VALOREM AND FOREST EXCISE TAX LEVIES FOR 2010 AND ALSO SETTING FORTH THE PERCENTAGE AND DOLLAR RATE OF INCREASE FOR THE REGULAR PROPERTY TAX LEVY FOR 2010

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, SNAP, WEISS
NAYS:
ABSTENTIONS:
EXCUSED:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-11-072.
Ord. 2009-11-072
APPROVED
AB18653 5. CB 13567
AN ORDINANCE RELATING TO THE 2009 BUDGET TO ACCOUNT FOR THE RECEIPT OF A GRANT FROM THE WASHINGTON STATE DEPARTMENT OF COMMERCE FOR $343,666.00 AND APPROPRIATING RELATED EXPENDITURES IN THE GENERAL FUND ASSOCIATED WITH THE PURCHASE OF FORECLOSED PROPERTY

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-11-073
Ord. 2009-11-073
APPROVED
AB18654 6. CB 13568
AN ORDINANCE RELATING TO THE 2009 BUDGET TO ACCOUNT FOR THE RECEIPT OF A $1,000.00 GRANT FROM THE WASHINGTON TRAFFIC SAFETY COMMISSION TO THE BELLINGHAM POLICE DEPARTMENT AND APPROPRIATING RELATED EXPENDITURES FOR OVERTIME IN THE GENERAL FUND ASSOCIATED WITH NIGHT TIME SEAT BELT ENFORCEMENT

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 #2009-11-074
Ord. 2009-11-074
APPROVED
AB18655 7. CB 13569
AN ORDINANCE RELATING TO THE 2009 BUDGET TRANSFERRING $5,000 FROM THE GREENWAY ENDOWMENT FUND TO THE GENERAL FUND AND APPROPRIATING $5,000 IN THE GENERAL FUND FOR EXPENDITURES RECOMMENDED BY THE GREENWAYS ADVISORY COMMITTEE

JW / 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 #2009-11-075
Ord. 2009-11-075
APPROVED
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:08 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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