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CITY COUNCIL AGENDA FOLLOW UP: May 18, 2009

CALL TO ORDER
ANNOUNCEMENTS & UPCOMING MEETINGS:

· On June 1st @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding the 2010-2015 Transportation Improvement Program (TIP)

· On June 3rd @ 6:30 p.m., Council's Lake Whatcom Reservoir Committee will host a Fishbowl Dialog in the Fireplace Room, 625 Halleck Street, to discuss the effects of the Lake Whatcom phosphorus reduction programs on the residents of the Silver Beach Neighborhood.

· On June 15th @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding an Appeal to Council of a Public Works Director decision denying extension of contract water services to the Governor's Point Development Company

· On June 15th @ 7:00 p.m. in Council Chambers, there will be a Public Hearing regarding amendments to the Guide Meridian/Cordata, King Mountain, Meridian and Mt. Baker neighborhood zoning tables to establish a provision allowing payment of fees in lieu of acquiring transfer of development rights from the Lake Whatcom Watershed

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
BAR / GK moved approval of the April 27, 2009 and May 4, 2009 minutes of the regular Council Meetings as submitted. MOTION CARRIED 7-0.
APPROVED
PUBLIC COMMENT PERIOD
PRESENTATION
AB18433 1. NORTH SOUND BAYKEEPER REPORT ON COMPLIANCE WITH DEPARTMENT OF ECOLOGY STORMWATER REGULATION AND PHASE 2 MUNICIPAL PERMIT
Information only.
INFO ONLY
PUBLIC HEARING
AB18434 Resolution #2009-14
1. A RESOLUTION FOR RECOMMENDATIONS REGARDING POTENTIAL CHANGES TO BELLINGHAM'S URBAN GROWTH AREA BOUNDARY
Public hearing held.
GK / LB moved final approval of Resolution #2009-14..
JW requested a friendly amendment to remove the second sentence “However, the County should review the “Matichuk” property in the Geneva UGA to determine if this property was mistakenly removed from Bellingham's UGA in 2008.” from Item 3; add a new Item 4 “The city council requests of the county that no additional UGA lots are created in the Lake Whatcom Watershed; and change the current Item 4 to Item 5.
GK/LB accepted the friendly amendment.
MOTION CARRIED AS AMENDED 7-0.

BREAK
Council President Buchanan called the meeting back to order at 10:18 p.m.
Public hearing held.
Res. 2009-14
APPROVED AS AMENDED
COUNCIL STANDING COMMITTEE MEETINGS:
TRANSPORTATION
MEMBERS: JACK WEISS, CHAIR; BARBARA RYAN; STAN SNAPP
AB18374 1. RESUBMITTAL OF ORDINANCE MAKING MINOR TEXT AND MAP AMENDMENTS TO BMC 13.70 MULTIMODAL TRANSPORTATION CONCURRENCY FOR THIRD AND FINAL READING
Information only. See action under Financial Consideration of Ordinances.
See action under Final Consideration of Ordinances
FINANCE & PERSONNEL
MEMBERS: GENE KNUTSON, CHAIR; LOUISE BJORNSON; STAN SNAPP
AB18435 1. SURPLUS DECLARATIONS FOR FIRE APPARATUS
GK / BAR moved to approve the surplus sale of the Fire Department's 2002 Darley Spartan Pumper and 2004 American LaFrance Eagle Pumper. MOTION CARRIED 7-0.
APPROVED
PUBLIC WORKS / PUBLIC SAFETY
MEMBERS: LOUISE BJORNSON, CHAIR; GENE KNUTSON; STAN SNAPP
AB18436 2. REVIEW OF CHANGES TO DRAFT SEWER COMPREHENSIVE PLAN
Information only.
INFO ONLY
LAKE WHATCOM RESERVOIR COMMITTEE
MEMBERS: STAN SNAPP, CHAIR; BARBARA RYAN; GENE KNUTSON
AB18437 1. WORK SESSION ON PROPOSED AMENDMENTS TO THE LAKE WHATCOM RESERVOIR REGULATORY CHAPTER (BMC 16.80)
SS / GK moved to direct staff to research options for a phase out of animal husbandry uses in the Lake Whatcom Reservoir Watershed and to report back to council. MOTION CARRIED 7-0.
SS / GK moved to direct staff to research options for ground cover for garden plots in the late fall and winter months in the Lake Whatcom Reservoir Watershed and report back to council. MOTION CARRIED 7-0.
DIRECTION TO STAFF
AB18438 2. WORKSESSION ON STORMWATER CODE AMENDMENT TO 15.42 ASSOCIATED WITH NPDES AND SILVER BEACH CODE
Information only.
INFO ONLY
PLANNING & COMMUNITY DEVELOPMENT
MEMBERS: TERRY BORNEMANN, CHAIR; BARBARA RYAN; JACK WEISS; LOUISE BJORNSON
AB18405 1. CONSIDERATION OF A PROPOSED ORDINANCE TO CREATE A 500 FOOT ZONE AROUND SCHOOLS WHERE STORES SELLING FIREARMS WOULD BE PROHIBITED
TB / BAR moved to postpone to June 1, 2009. MOTION CARRIED 7-0.
BAR / JW moved to ask Mayor Pike to work with Mayor Nickels of Seattle and other mayors of cities in Washington to influence legislation in Olympia that would give cities more ability to regulate sale and use of firearms in their cities. MOTION CARRIED 7-0.
POSTPONED TO 6/1/09; DIRECTION TO MAYOR
COMMITTEE OF THE WHOLE
MEMBERS: BARRY BUCHANAN, CHAIR
AB18439 1. CITY OF BELLINGHAM PERFORMANCE MEASURES
Council President Buchanan reported that next steps would include: posting a draft on the Web Site; tracking feedback; council would host public hearings during regular council meetings and send the draft Legacies to the Mayor's Neighborhood Advisory Council for distribution to the neighborhoods. Feedback from the citizens would then be used to inform the final council action.
BAR / SS moved to direct staff to bring this item back to council in June, 2009. MOTION CARRIED 7-0.
DIRECTION TO STAFF
2. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES
None submitted at evening meeting.
3. OLD/NEW BUSINESS
TB / BAR moved to sponsor a public meeting to discuss elements of the sanctuary movement. MOTION CARRIED 7-0.
SPONSOR PUBLIC MEETING RE: SANCTUARY
EXECUTIVE SESSION – Report only.
1. LITIGATION: Hofstetter v. City of Bellingham: Staff provided an update to Council. No action taken.NO ACTION
2. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. City council provided direction. No action was taken.NO ACTION
3. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. City council provided direction. No action was taken.NO ACTION
4. POTENTIAL PROPERTY ACQUISITION: Staff provided information on a potential property acquisition. City council provided direction. No action was taken.
NO ACTION
CONSENT AGENDA
AB18440 CB 13525
1. ORDINANCE FOR WHAT-COMM 911 BUDGET AMENDMENT TO TRANSFER $10,355 FROM ESTIMATED UNDESIGNATED RESERVES TO A COMMUNICATIONS LINE
CB 13525
(Consent Agenda)
AB18441 2. BID AWARD FOR THE ART OF STORM WATER MODULAR GREEN ROOF SYSTEM, BID #40B-2009(Consent Agenda)
AB18442 CB 13526
3. ORDINANCE FOR BUDGET AMENDMENT TO ALLOW FOR RECEIPT AND EXPENDITURE OF $39,043.23 FROM A HOMELAND SECURITY SUBGRANT RECEIVED BY WHATCOM COUNTY FOR PURCHASE OF MOBILE COMPUTERS
CB 13526
(Consent Agenda)
AB18443 4. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM APRIL 17, 2009 TO APRIL 24, 2009.(Consent Agenda)
AB18444 5. AUTHORIZATION OF CHECK ISSUE FOR ACCOUNTS PAYABLE FROM APRIL 24, 2009 TO MAY 1, 2009.(Consent Agenda)
AB18445 6. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM APRIL 1, 2009 TO APRIL 15, 2009.(Consent Agenda)
AB18446 7. AUTHORIZATION OF CHECK ISSUE FOR PAYROLL FROM APRIL 16, 2009 TO APRIL 30, 2009.

BAR / LB moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0.
CONSENT AGENDA APPROVED IN ITS ENTIRETY
FINAL CONSIDERATION OF ORDINANCES
AB18374 1. CB 13509
AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BMC 13.70.010 MULTIMODAL TRANSPORTATION CONCURRENCY AUTHORITY AND PURPOSE AND THE CONCURRENCY SERVICE AREA MAP DUE TO THE ANNEXATION OF 652-ACRES OF THE BELLINGHAM URBAN GROWTH AREA

BAR / GK moved approval for third and final reading as amended after final consideration on April 27, 2009. 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:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-05-028
(This ordinance replaces Ordinance #2009-04-016, which is void.)
Ord. 2009-05-028
APPROVED (REPLACES ORD. 2009-04-016, which is now void)
AB18406 2. CB 13523
AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON AMENDING SECTIONS OF THE BELLINGHAM MUNICIPAL CODE 2.90 WATERSHED ADVISORY BOARD TO INCREASE THE NUMBER OF MEMBERS AND REVISE THE AUTHORITIES AND DUTIES OF THE WATERSHED ADVISORY BOARD.

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:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-05-029
Ord. 2009-05-029
APPROVED
AB18424 3. CB 13521
AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 3.16, CIVIL SERVICE, TO ADD A NEW SECTION 3.16.060 EXPANDING RESIDENCY REQUIREMENTS FOR MEMBERSHIP ON THE CIVIL SERVICE COMMISSION

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

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-05-030
Ord. 2009-05-030
APPROVED
AB18426 4. CB 13522
AN ORDINANCE RELATING TO THE 2009 BUDGET TO ACCOUNT FOR THE RECEIPT OF GIFT AND GRANT MONEY FOR THE WHATCOM ART AND CHILDREN'S MUSEUM AND MOUNT BAKER THEATRE CAPITAL EXPENSES AND APPROPRIATING AN ADDITIONAL $45,875 OF EXPENDITURES IN THE BELLINGHAM WHATCOM PUBLIC FACILITIES FUND

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:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-05-031
Ord. 2009-05-031
APPROVED
AB18432 5. CB 13524
AN ORDINANCE RELATING TO THE 2009 BUDGET RECOGNIZING RECEIPT OF A $50,000.00 PUGET SOUND PARTNERSHIP STATE OF WASHINGTON GRANT IN THE STREET FUND TO SUPPORT THE SILVER BEACH CREEK PHOSPHORUS REDUCTION PILOT PROGRAM, APPROPRIATING ADDITIONAL GRANT EXPENDITURES OF $38,206.00 AND PLACING $11,794.00 IN ESTIMATING ENDING UNDESIGNATED RESERVE

LB / 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:

MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-05-032
Ord. 2009-05-032 APPROVED
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:49 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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