RECORD OF PROCEEDING OF CITY COUNCIL

CITY OF BELLINGHAM, WASHINGTON

COUNCIL CHAMBERS, CITY HALL
Monday, October 19, 2009, 07:00 PM
Book: 63, Page: 1

Called To Order The meeting was called to order by Council President Barry Buchanan who led the Pledge of Allegiance.

Roll Call
Present:

Jack Weiss, Council Member, First Ward
Gene Knutson, Council Member, Second Ward
Barry Buchanan, Council Member, Third Ward
Stan Snapp, Council Member, Fourth Ward
Terry Bornemann, Council Member, Fifth Ward
Barbara Ryan, Council Member, Sixth Ward
Louise Bjornson, Council Member, At Large

Excused:

ANNOUNCEMENT(S)

· October 20 @ County Council Chambers, there will be a Public Hearing on Fairhaven Highlands Development with Planning Director presiding.

· On November 2 @ 1:00 p.m. in Council Chambers, there will be a Worksession of the Committee of the Whole regarding the 2010 Budget.

· On November 9 @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding South Hill Neighborhood Plan Amendment.

· On November 9 @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding Area 17D, Guide Meridian/Cordata Neighborhood Plan Amendment.

· On November 23 @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding the final draft of the Shoreline Master Program.

· On November 23 @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding the Proposed 2010 Budget.

Bellingham City Council meets all requirements of the State of Washington Open Meetings Act.


APPROVAL OF MINUTES

SNAPP / KNUTSON moved approval of the September 21, 2009 minutes of the regular Council Meeting as submitted. MOTION CARRIED 7-0.


15 - MINUTE PUBLIC COMMENT PERIOD

David Marshak, 1807 McKenzie Avenue, has built the first LEED Gold single family home in Whatcom County and said it took 7-1/2 months to get the permits. He described his experience and the process and hopes that permitting is changing so that sustainable homes can be built with less trouble.

Yoshé Revelle, said that private property and public property both carry the same obligations - respect and care. We need to remember this for our neighborhoods, for ourselves and future generations.

Johnny Grames described his frustration with the Voters pamphlet, which has two initiative petitions and is 50 pages long and very difficult to read and interpret. He would also like to see more balance on BTV10.

Bruce Deile shared his opinions on social issues.

Dennis Jones, Sudden Valley discussed action being taken by the current Sudden Valley Board of Directors with regard to their Measure #3. The Board has recommended, through their Long Range Planning Committee the taking of a $1.8 million appropriation fund for the purpose of Lake Whatcom Management Plan Area #1. He is looking for a champion to approach the Sudden Valley Board of Directors to let them know that Sudden Valley has promised to participate in a density reduction program with Water District #10. If this measure passes and they do not use the money, as promised, for density reduction he would like to proceed with legal action.

Danièl Wallace, described a situation where she and her service dog were attacked by two dogs. She said, no citations have been issued by Animal Control and the report was supposed to have been sent to the Police Department for investigation and/or prosecution, which Animal Control did not do. She is very frustrated; one of the dogs is still not properly controlled and the owner of the dog has yelled at her and refused to pay damages. She asked the City Council to form an ad hoc committee to make sure that this situation is looked into and handled in a just, swift manner.

PRESENTATION(S)

AB18621 1. CHILDSTAR! COMMUNITIES PRESENTATION BY BYRON MANERING

Byron Manering, Executive Director invited the city to declare itself a ChildStar! Community.

BORNEMANN / SNAPP moved to direct staff to prepare a resolution to consider the City of Bellingham becoming a ChildStar! city. MOTION CARRIED 7-0.

AB18622 2. PRESENTATION OF THE 2010 PRELIMINARY BUDGET

Mayor Pike introduced the Preliminary 2010 Budget. He reviewed the Legacies and Strategic Commitments that the city adopted during 2009. Mayor Pike described a number of the city's accomplishments in 2009, which include the opening of the Lightcatcher Building at the new Art & Children's Museum and the Infill Toolkit. Additionally there were improvements and renovations in streets, parks, water and sewer.

An overview of the 2010 Proposed Budget shows: that the proposed budget includes expenditures of $187 million; $64 million in the General Fund; recommends taking state-allowed 1% property tax increase for approximately $180,000 revenue; Recommends using $1.8m of General Fund Reserves ($7.9 m from various reserve funds citywide) to fully balance the budget; and is framed around making progress on Legacies & Strategic Commitments.

Mayor Pike highlighted a number of items planned for the 2010 Budget:

· Launch new Office of Business Relations & Economic Development.
· Initiate Lake Whatcom 2010 Action Plan.
· Launch Community Energy Challenge.
· Amend Green Building codes.
· Launch Public Development Authority strategic plan.
· Initiate water and wastewater conservation programs.
· Reconfigure energy purchases to reduce costs while remaining a 100% Green Power City.
· Initiate waterfront infrastructure improvements.
· Convey key properties to Bellingham Public Development Authority.
· Explore library sites and opportunities for public/private partnerships.
· Increase availability of city services on-line.
· Negotiate new franchise agreement with Comcast.
· Initiate task forces to examine future Fire and Police service needs.

Mayor Pike explained austerity measures that have taken place and presented charts of estimated revenues and expenditures. Capital projects include waterfront infrastructure and the city is working on grants that will help with transportation and high speed rail in conjunction with the waterfront. Improvements are planned for the Wastewater Treatment Plant, James Street, Bill McDonald Parkway pedestrian, Northwest Avenue pedestrian/roundabout; Cordata Park trails and Greenways acquisitions.

The challenge will be to balance priorities and objectives while maintaining financial sustainability. The Mayor concluded by saying the 2010 Budget prioritizes existing programs, provides funding for advancement of key initiatives and maintains reasonable reserves.

Information only.


PUBLIC HEARING(S)

AB18623 1. PROJECTED REVENUES AND PROPERTY TAX LEVY AMOUNT INCREASE FOR THE 2010 BUDGET

Brian Henshaw, Budget Manager presented the Revenue Forecast for 2010. He reviewed in detail each chart reflecting revenues over the last five years. Briefly:

· YTD Building Permit Activity: down substantially from prior year.
· General Fund Revenue to Budget: small uptick in September due to Cash for Clunkers.
· Sales Tax: anticipate about 13% less than last year.
· B&O Tax: anticipate about 9.9% less than last year.
· Real Estate Excise Tax (REET): anticipate about 24% less than last year.
· Utility Taxes Combined: anticipate about 3.2% more than last year.
· Property Tax: anticipate a small increase of 1.1% by year end.

Mr. Henshaw explained the property tax distribution and the estimated impact of a 1% increase. He added that banked capacity is not part of the preliminary budget. He noted that In order to take the 1% Property Tax Increase the city will have to have a separate resolution that states substantial need and, which will need a super majority of the council. This will be discussed further at the November 9, 2010 council meeting.

Mr. Henshaw then reviewed revenue funds individually and showed charts with comparisons of prior years and projections for 2010.

Staff anticipates a shortfall of $7,873,449.00 in the 2010 preliminary budget. Additional budget discussions are scheduled for November 2 (worksession for department presentations only), and regular council meetings on November 9, November 23, December 7 and final adoption on December 14.

Council and staff discussed the process for Property Tax assessments. In response to discussions with council, Brian Henshaw will provide:

· Increase in projected revenue based on reassessments for the north side.
· Comparisons can be made with regard to the impacts of the Cash for Clunkers incentive program when the figures are available.
· Budget staff will be supplementing the preliminary budget with capital detail for all projects over $100k.

Council President Buchanan opened the public hearing.

Robert Knodt, 1414 37th Street, expressed concern about his new tax assessment and how to figure the city's portion shown on the tax statements.

John Carter, Finance Director invited Mr. Knodt to meet with him so that Mr. Carter can go through the tax statement with him.

Patrick McKee, 2801 Grant Street suggested council consider an additional 1% tax and dedicate it exclusively to the Bellingham Public Library.

There being no further comments, the public hearing was closed.

Information only.

AB18624 2. AMENDMENTS TO THE CAPITAL FACILITIES CHAPTER OF THE COMPREHENSIVE PLAN REQUESTED BY THE BELLINGHAM SCHOOL DISTRICT

Greg Aucutt, Senior Planner, explained that this is a request by the Bellingham School District to adopt by reference the Bellingham School District's (BSD) 2010-2015 Capital Facilities Plan into the city's Comprehensive Plan. The city has been collecting impact fees on behalf of the BSD since 1999. This is the third time the city would be adopting the district's capital plan. To date the district has collected about $3 million in impact fees, which have been used to fund a number of capital improvement projects for the school district. The district's current plan expires at the end of the year; therefore the city needs to readopt the Bellingham School District's Capital Facilities Plan or the district will not be eligible to collect School Impact Fees in the future.

The district's plan identifies the need for a new elementary school at a site on Aldrich Road. The Planning Commission held a public hearing on this matter on August 10, 2009. Staff and the Planning Commission recommend approval of this request.

Council Member Ryan asked about the discrepancy of enrollment projections between the district's projections of a student population increase and that of the Office of Public Instruction. [See response by Ron Cowan.]

Council Member Weiss asked if the BSD had worked with city planners in preparing their Capital Facilities Plan.

Mr. Aucutt confirmed that the BSD and city staff do work together on many levels including: where is developable land; where is growth likely to occur; where are the boundaries of the city; where are the boundaries of the UGA.

Council Member Weiss expressed concern that the BSD's projections of enrollment increase is about 2.4% per year; nearly two times the city's projection of 1.6%

Council Member Bjornson asked for clarification with regard to whether Whatcom County collects School Impact Fees.

Mr. Aucutt explained that the county has docketed the BSD plan for possible addition to their Capital Facilities Plan. The county has an impact fee ordinance that's ready to go but their legal advice is that they can't collect impact fees until they're in compliance with the Growth Management Act. They are under an order by the Hearings Board to have their work completed by December 1. If that is accomplished and if they pass the proposed ordinance, they would be collecting the same amount [as the city] per house.

Council President Buchanan opened the public hearing.

Ron Cowan, Assistant Superintendent, Bellingham Public School District read a prepared statement. His remarks are summarized below:

· The Capital Facilities Plan serves as the BSD's primary planning document and is consistent with other long range Capital Facilities Plans adopted by the district and the City of Bellingham dating back to 1998. This is the first update since 2004 and is required to remain in compliance with the Growth Management Act.
· Since 2004 the district has completed and opened Wade King Elementary School and completed a six classroom addition at Alderwood Elementary School.
· Over the past six years the population of the BSD has grown by about 3.6% with the elementary population growing by nearly 7%. The district is projecting an approximate 12% population increase over the next six years with growth focused at the elementary and high school levels.
· Consistent with population projections, the BSD is planning for a new elementary school in the northern portion of the city on Aldrich Road. This project was approved by nearly 70% of the district's voters in 2006. This elementary school is the only capacity project included, at this time, because the BSD believes there is adequate capacity at the middle and high school levels.
· The district recently announced the reopening of Lowell Elementary School.
· The district's Board of Directors has voluntarily reduced the unfunded need of the impact fee by 50% in recognition of both affordable housing and that new development should only pay for a portion of the costs associated with additional capacity projects.
· The long standing practice of the city's collection of School Impact Fees produces tangible benefits for current taxpayers in the City of Bellingham and is a practice that the BSD encourages the city to continue.

In response to Council Member Ryan's question regarding a discrepancy in projections, Mr. Cowan said the Office of Superintendent of Public Instruction utilizes a methodology called 'cohort survival' to predict enrollment increase. This is a simple measure, over time of how many first graders became second graders; how many second graders become third graders and so on, then apply that historical practice to the future. This Capital Facilities Plan utilizes both a cohort survival method and also takes a look at live birth rates and their impact, and the percentage of students that are enrolled in Bellingham School District. Additionally, it takes into account population increases that are forecast as part of independent studies.
Mr. Cowan noted that he has had conversations with city staff in regard to another possible school site in the north end of the city, in light of the recent annexations [King Mountain / James Street].

He also explained that currently, Whatcom County does collect impact fees under SEPA. In the event that the county does not pass their proposed ordinance the BSD would ask that the county continue to collect impact fees under SEPA, which they've done for a number of years.

Council Member Bornemann asked if Sehome High School is being considered for renovation.

Mr. Cowan replied that the last Citizen Advisory Committee, formed to study the needs of the BSD and propose a bond issue, placed Sehome High School in Tier 2 of the next bond. However, when next needed, the district will form a new Citizens Advisory Committee. They will study the recommendations and findings of the previous committee but they are independent to act and make their recommendations to the BSD Board of Directors. Currently there is no funding for work at Sehome High School.

Council Member Weiss inquired about forecasting and how it could be affected by the high numbers of housing construction in the recent past and the now, very subdued housing market.

Mr. Cowan explained that the district develops a high, medium and low range forecast. This study reflects a medium range.

Council and Mr. Cowan continued to discuss plans for the Bellingham School District. Items of note from that conversation were:

· The need for portable classrooms will diminish at Happy Valley Elementary School and Birchwood Elementary when the Lowell School is reopened, and Aldrich Elementary is completed.
· Currently, elementary schools have a population of about 300; the development standard for new elementary schools is a population of 500.

Council Member Snapp said that the Wade King Elementary School and the new Aldrich School are very rural and do not feel like neighborhood schools.

Mr. Cowan explained that the city has changed their direction in terms of the Urban Growth Area and the district's construction of Wade King Elementary was in place prior to the city's change in direction. There was also a commitment by the county to complete Yew Street Road all the way to Samish to provide safe pedestrian and bicycle access to South Hills, etc. Additionally, there is a large parcel of undeveloped land contiguous to existing city limits that he believes will be developed at some point in the future. The property on Aldrich Road is within the city limits. An immediate neighbor to the south is a 340 lot division and there is a park to the north. In light of the city's recent annexation of hundreds of acres in the King Mountain / James Street area, the BSD is looking at possibly acquiring another site in that area. And, he reminded everyone that 50 years ago when Parkview Elementary was built it was in a forest.

Mayor Pike added that the constraints that the school districts operate under are driven by state requirements in terms of open space and how much of a footprint is required. He would be interested in working at the state level to work on options allowing urban schools. Council Member Bjornson concurred and believes that a lot of other cities appreciate their neighborhood schools and would be interested in working toward that goal.

Patrick McKee, 2801 Grant Street feels that the Bellingham Planning Commission rubber stamped the Bellingham School Board's proposal. He hopes that the City Council will look more carefully, especially at the amount of the proposed impact fee and how that amount was arrived at. He believes that the School Board proposal ignores the city council policy, that has been developing over the years, of asking growth to pay for growth. This proposal is requesting less money than the Bellingham Municipal Code (BMC) [Title 19] allows the BSD to charge. Mr. McKee feels it is unprecedented that the BSD has decided to take a 50%, rather than 40% reduction in impact fees. Lower impact fees mean more money is going to have to come from local bond funds. The more money that comes from bond funds to pay for new schools, the less money is going to be available for existing neighborhood schools. He said it doesn't make sense that the BSD would propose to the City Council, collecting less money than they can under the municipal code. He asked council to turn down the 50% reduction and follow BMC Title 19 that requires the 40% reduction. Mr. McKee concluded that the BSD's proposal to collect less money than they're entitled to collect, is a proposal he feels the council should reject.

There being no further comments, the public hearing was closed.

Council Member Ryan asked why the BSD is discounting the potential impact fee.

Mr. Cowan reiterated that the decision is in recognition of affordable housing and that new development only pay a portion of costs associated with additional capital projects.

Council Member Weiss asked if there are exemptions for School Impact Fees.

Mr. Aucutt replied that there are no exemptions for impact fees. However, School Impact Fees can be waived i.e., in the case of senior housing where it can be demonstrated that there are no students being generated.

BORNEMANN / KNUTSON moved to direct staff to prepare an ordinance amending the Capital Facilities Chapter of the Comprehensive Plan and School Impact Fees requested by the Bellingham School District.

In response to concerns and conversation with council Mr. Aucutt explained that the methodology used in the ordinance for calculating School Impact Fees could be changed at anytime.

MOTION CARRIED 7-0.

AB18625 3. AMENDMENTS TO THE CAPITAL FACILITIES CHAPTER OF THE COMPREHENSIVE PLAN REQUESTED BY THE MERIDIAN SCHOOL DISTRICT

Greg Aucutt, Senior Planner, explained that this is the first time Meridian School District has asked the city to adopt their Capital Facilities Plan. A portion of the Meridian School District is within the Bellingham city limits. The Meridian School District's plan was approved by their School Board earlier this year and includes a forecast of enrollment growth over the life of the plan that will require capital improvement to all of their facilities. Meridian is not asking the city to begin collecting fees on their behalf at this time; however, the adoption of this plan would make it possible at some point in the future should they decide to do so. The Planning Commission held a public hearing on August 10, 2009 and recommended approval.

Council Member Bjornson asked, if a person builds a house in this area, would they pay impact fees collected by county.

Mr. Aucutt said that if the project is subject to SEPA, which would be a subdivision of more than four lots, then they would be required to pay impact fees. Under SEPA, if it is an existing parcel they would not pay impact fees. That will change once the county is in compliance with the Growth Management Act as they will be able to start collecting impact fees on all developments.

Council President Buchanan opened the public hearing.

Dr. Tim Yoemans, Superintendent, Meridian School District explained why the district would have a Capital Facilities Plan and then not ask for impact fees. The Meridian School District is mindful that the economic downturn has impacted the county and the city. The Meridian School District is also waiting to see what ends up taking place in the Urban Growth Area. So rather than set an impact fee and begin collecting it without knowing exactly what the impacts would be; this will allow the capacity to be available when there is a basis for having a plan submitted to the City of Bellingham.

Council Member Bornemann said that if the county does moves forward and approves the ability to collect impact fees and given Meridian's history of having problems in passing bonds, he wondered if Dr. Yoemans thought it might actually be an incentive to the voters district-wide to vote for bonds knowing that new growth is paying their share.

Dr. Yoemans said that this has been considered but he will have a much clearer picture after December 1 when the county and the city have determined where the UGA boundaries are going to be. He added that, if and when the former DR Horton site is built out, the district will need places to put children.

Council Member Weiss asked about the possibility of the Meridian School District negotiating with the Bellingham School District to change the boundary lines so that the Meridian School District wouldn't have to absorb the growth of the DR Horton area.

Dr. Yoemans stressed that the people in that part of the county have a strong sense of self determination and are proud of where they live. Losing 10% to 20% of the full time enrolled students in the School District would have a drastic impact on whether or not the Meridian School District would exist at all.

There being no further comments, the public hearing was closed.

KNUTSON / SNAPP moved to direct staff to prepare an ordinance amending the Capital Facilities Chapter of the Comprehensive Plan requested by the Meridian School District. MOTION CARRIED 7-0.

BREAK
Council President Buchanan called the meeting back to order at 9:25 p.m.


REPORTS OF COMMITTEES

COUNCIL STANDING COMMITTEE MEETINGS:

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

BARBARA RYAN / KNUTSON moved to postpone consideration to November 23, 2009. MOTION CARRIED 6-1, SNAPP OPPOSED.


PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: TERRY BORNEMANN, CHAIR; BARBARA RYAN; JACK WEISS; LOUISE BJORNSON

AB18627 Resolution #2009-32
1. RESOLUTION TO ADOPT BELLINGHAM 2010 ACTION PLAN OF THE 2008-2012 CONSOLIDATED PLAN

“A RESOLUTION RELATING TO THE ADOPTION OF THE 2010 ACTION PLAN OF THE 2008-2012 CONSOLIDATED PLAN, THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS, THE ALLOCATION OF FUNDS TO SUPPORT SELECTED CITY HUMAN SERVICES AGENCIES AND DIRECTING THE MAYOR TO SUBMIT THE 2010 ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.”

BORNEMANN / BARBARA RYAN moved final approval of Resolution #2009-32. MOTION CARRIED 7-0.

AB18628 Resolution #2009-33
2. A REQUEST TO INITIATE THE REVIEW PROCESS FOR A POTENTIAL ANNEXATION OF APPROXIMATELY 5.7 ACRES LOCATED IN BELLINGHAM'S GENEVA URBAN GROWTH AREA (UGA) KNOW AS THE GENEVA / IDAHO ANNEXATION

“A RESOLUTION RELATED TO THE ANNEXATION OF THE GENEVA / IDAHO SITE LOCATED IN BELLINGHAM'S GENEVA URBAN GROWTH AREA (UGA) TO THE CITY OF BELLINGHAM.”

Mixed recommendation from committee. This resolution, if approved, will initiate the annexation and start the review process.

KNUTSON / BJORNSON moved final approval of Resolution #2009-33. MOTION CARRIED 7-0.


FINANCE & PERSONNEL
MEMBERS: GENE KNUTSON, CHAIR; LOUISE BJORNSON; STAN SNAPP

AB18629 CB 13560
1. AN ORDINANCE RELATING TO THE 2009 BUDGET AUTHORIZING ADDITIONAL EXPENDITURES FOR CLAIMS AND LITIGATION PURPOSES

“AN ORDINANCE RELATING TO THE 2009 BUDGET APPROPRIATING $237,500.00 ADDITIONAL FUNDS FROM ESTIMATED ENDING DESIGNATED RESERVE IN THE CLAIMS AND LITIGATION FUND FOR PAYMENT OF JUDGMENTS AND DAMAGES FOR UNANTICIPATED COSTS RELATING TO A SETTLEMENT.”

KNUTSON / SNAPP moved approval for first and second reading. MOTION CARRIED 7-0.

AB18630 CB 13561
2. AN ORDINANCE RELATING TO THE 2009 BUDGET APPROPRIATING $1,315,000.00 OF ADDITIONAL REVENUE AND EXPENSES FOR THE DESIGN AND CONSTRUCTION OF THE OHIO / KING / I-5 RAMP PROJECT

“AN ORDINANCE RELATING TO THE 2009 BUDGET APPROPRIATING $1,315,000.00 OF ADDITIONAL REVENUE AND EXPENSES FOR THE DESIGN AND CONSTRUCTION OF THE OHIO / KING / I-5 RAMP PROJECT. THE FUNDING CONSISTS OF A FEDERAL HIGHWAY INDIRECT GRANT OF $315,000 AND A $1,000,000.00 INTERLOCAL SERVICE REVENUE AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND THE STATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION.”

KNUTSON / BJORNSON moved approval for first and second reading.
WEISS / SNAPP moved to postpone consideration to November 9, 2009.
SNAPP withdrew second
(Main) MOTION CARRIED 7-0.

AB18631 3. REVIEW OF 3^RD QUARTER FINANCIAL REPORT

John Carter, Finance Director presented his report during committee. Information only.

AB18639 4. A DISCUSSION REGARDING PROCESS FOR COUNCIL CONSIDERATION AND DELIBERATION OF THE 2010 BUDGET

Council Member Knutson reported that it was the consensus of council to direct staff to provide charts, graphs and handouts prior to presentations.

AB18632 5. DEPARTMENT BUDGET SUMMARIES FOR THE 2010 PRELIMINARY BUDGET

Presentations made during committee by the following departments: Museum, Planning & Community Development, Parks and Public Works. Information only.

COMMITTEE OF THE WHOLE
MEMBERS: BARRY BUCHANAN, CHAIR

AB18524 1. FINAL REVIEW OF CITY COUNCIL DIRECTED REVISIONS TO CERTAIN SECTIONS OF THE DRAFT SHORELINE MASTER PROGRAM INVOLVING THE WATERFRONT DISTRICT AND LAKE WHATCOM

KNUTSON / BORNEMANN moved to direct staff to prepare the final Draft SMP for the November 23^rd, 2009 public hearing. MOTION CARRIED 7-0.

2. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES

None submitted at evening meeting.

3. OLD/NEW BUSINESS

Council Member Bjornson conveyed residents' appreciation for the excellent work done on the Sunset Drive project.

EXECUTIVE SESSION - Report only.

1. POTENTIAL PROPERTY ACQUISITION: Staff provided an update on the status of a potential property acquisition. Direction provided to staff. No action was taken.

2. POTENTIAL PROPERTY ACQUISITION: Staff provided an update on the status of a potential property acquisition. Direction provided to staff. No action was taken.

3. POTENTIAL PROPERTY ACQUISITION: Staff provided an update on the status of a potential property acquisition. Direction provided to staff. No action was taken.

4. LITIGATION re North Shore Estates: An update was provided to council on a pending litigation matter. No action was taken.


MAYOR'S REPORT

AB18633 1. MAYOR'S APPOINTMENT OF JOHN ERICKSON AS THE EDGEMOOR REPRESENTATIVE TO THE MAYOR'S NEIGHBORHOOD ADVISORY COMMISSION

Information only.

AB18634 2. MAYOR'S APPOINTMENTS OF JAMES GEBHARDT CAROL BERRY, TIM HOSTETLER, THERESE KELLIHER, JIM MCCABE, FRANK ORDWAY, CLAUDIA KELLEY, DAN BURWELL AND WES FRYSZTACKI TO THE TRANSPORTATION COMMISSION

BARBARA RYAN / WEISS moved to authorize the Mayor to appoint to the newly formed Transportation Commission: James Gebhardt, Carol Berry and Tim Hostetler, terms ending October 19, 2010; Therese Kelliher, Jim McCabe and Frank Ordway, terms ending October 19, 2011; and Claudia Kelley, Dan Burwell and Wes Frysztacki, terms ending October 19, 2012. MOTION CARRIED 7-0.

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.

AB18635 CB 13562
1. A BUDGET ORDINANCE TO ALLOW FOR RECEIPT AND SPENDING OF GRANT FUNDS FROM WASHINGTON TRAFFIC SAFETY COMMISSION TOTALING $3,000

“AN ORDINANCE RELATING TO THE 2009 BUDGET TO ACCOUNT FOR THE RECEIPT OF A WASHINGTON TRAFFIC SAFETY COMMISSION GRANT FOR $3,000.00 AND APPROPRIATING RELATED EXPENDITURES IN THE GENERAL FUND.”

AB18636 2. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM SEPTEMBER 16, 2009 to SEPTEMBER 30, 2009.

AB18637 3. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM SEPTEMBER 25, 2009 to OCTOBER 2, 2009.

AB18638 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM OCTOBER 2, 2009 to OCTOBER 9, 2009.

KNUTSON / BORNEMANN moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0.

FINAL CONSIDERATION OF ORDINANCES

AB18610 1. CB 13559
AN ORDINANCE RELATING TO THE 2009 BUDGET AUTHORIZING ADDITIONAL EXPENDITURES FOR JUDGMENTS AND DAMAGES FOR UNANTICIPATED COSTS RELATING TO TORT LITIGATION IN THE AMOUNT OF $316,036.00.

BORNEMANN / KNUTSON 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 #2009-10-065


ADJOURNMENT

There being no further business, the meeting adjourned at 9:57 p.m. Barry Buchanan, Council President

ATTEST: Linda D. Anderson City Clerk Representative
APPROVED: 11/09/2009

This is a digital copy of an original document located at Bellingham's City Hall. The City of Bellingham specifically disclaims any responsibility or liability for the contents of this document. The City of Bellingham does not verify the correctness, accuracy, or validity of the information appearing in this document.