| CALL TO ORDER |  |
| ANNOUNCEMENTS & UPCOMING MEETINGS: · On May 18th @ 7:00 PM in Council Chambers there will be a Public Hearing regarding the City's UGA recommendations. 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 No evening minutes submitted. | |
| PUBLIC COMMENT PERIOD | |
| PRESENTATION | |
| AB18422 UPDATE ON LOCAL RESPONSE TO THE SWINE FLU Information only. | INFO ONLY |
| PUBLIC HEARING | |
| AB18423 1. A PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE LAKE WHATCOM RESERVOIR REGULATORY (BMC 16.80) AND STORMWATER MANAGEMENT (BMC 15.42) CHAPTERS Public hearing held. GK / BAR moved to direct staff to schedule a worksession on May 18, 2009. MOTION CARRIED 7-0 | Public hearing held. DIRECTION TO STAFF |
| FINANCE & PERSONNEL MEMBERS: GENE KNUTSON, CHAIR; LOUISE BJORNSON; STAN SNAPP | |
| AB18424 CB 13521 1. 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 GK / LB moved approval for first and second reading. MOTION CARRIED 7-0 | CB 13521 APPROVED |
| AB18425 2. FIRST QUARTER FINANCIAL REPORT Information only. | INFO ONLY |
| PLANNING & COMMUNITY DEVELOPMENT MEMBERS: TERRY BORNEMANN, CHAIR; BARBARA RYAN; JACK WEISS; LOUISE BJORNSON | |
| AB18426 CB 13522 1. AN ORDINANCE RELATING TO THE 2009 BUDGET ACCOUNT FOR RECEIPT OF GIFT AND GRANT MONEY FOR THE WHATCOM ART AND CHILDREN'S MUSEUM AND MOUNT BAKER THEATRE CAPITAL EXPENSES APPROPRIATING AN ADDITIONAL $45,875 IN OF EXPENDITURES THE BELLINGHAM WHATCOM PUBLIC FACILITIES DISTRICT FUND TB / LB moved approval for first and second reading. MOTION CARRIED 7-0. | CB 13522 APPROVED |
| AB18427 2. EMPLOYMENT LANDS REPORT Information only. | INFO ONLY |
| TRANSPORTATION MEMBERS: JACK WEISS, CHAIR; BARBARA RYAN; STAN SNAPP | |
| AB18428 1. PRESENTATION OF THE PRELIMINARY DRAFT 2010-2015 TRANSPORTATION IMPROVEMENT PROGRAM (TIP) JW / GK moved to direct staff to schedule a public hearing on June 1, 2009. MOTION CARRIED 7-0. | DIRECTION TO STAFF |
| LAKE WHATCOM RESERVOIR COMMITTEE MEMBERS: STAN SNAPP, CHAIR; BARBARA RYAN; GENE KNUTSON | |
| AB18406 CB 13523 1. 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 SS / BAR moved approval for first and second reading. MOTION CARRIED 6-0 (TB out of Council Chambers). | CB 13523 APPROVED |
| AB18432 CB 13524 2. AN ORDINANCE RELATING TO THE 2009 BUDGET RECOGNIZING RECEIPT OF A $50,000.000 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 ESTIMATED ENDING UNDESIGNATED RESERVE SS / LB moved approval for first and second reading. MOTION CARRIED 7-0. | CB 13524 APPROVED |
| COMMITTEE OF THE WHOLE MEMBERS: BARRY BUCHANAN, CHAIR | |
| AB18429 1. BID AWARD FOR FAIRHAVEN BRANCH LIBRARY RENOVATION, BID #35B-2009 GK / BAR moved to award Bid No. 35B-2009 for Fairhaven Branch Library Renovation to Dawson Construction, Inc. of Bellingham, WA as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $539,245.00, which includes WSST. MOTION CARRIED 7-0. | APPROVED |
| AB18430 Resolution #2009-13 2. RESOLUTION REGARDING THE IMPORTANCE OF NEIGHBORHOOD ELEMENTARY SCHOOLS TB / BAR moved final approval of Resolution #2009-13 as amended. MOTION CARRIED 5-2, SS, JW opposed. | Res. 2009-13 APPROVED AS AMENDED |
| 3. APPROVAL OF CITY COUNCIL COMMITTEE AND/OR SPECIAL MEETING MINUTES None submitted at evening meeting. | |
| 4. OLD/NEW BUSINESS GK / JW moved to appoint Council President Buchanan as liaison to the Bellingham School Board. MOTION CARRIED 7-0. | APPROVED |
| EXECUTIVE SESSION – Report only | |
| 1. LITIGATION: PSE v. City of Bellingham: PSE has filed two suits against the City seeking tax refunds in both matters. One case involves business and occupation taxes and the second case involves utility taxes. In essence, the B&O tax matter involves whether B&O tax is applicable to PSE's Encogen operations during the audit period (2004-2005) and whether the appropriate tax classification was applied. The amount in dispute in that matter is approximately $250,000. The utility tax matter revolves around whether the appropriate method was used in calculating the tax and involves approximately $920,000. TB / LB moved to authorize the hiring of the Kenyon Disend law firm as special tax counsel to represent the City in these matters. MOTION CARRIED 7-0. | APPROVED |
| 2. LITIGATION: Port of Bellingham v. City of Bellingham: Staff provided an update to Council. Direction was provided to staff. No action was taken. | NO ACTION |
| 3. LITIGATION: North Shore Estates v. City of Bellingham: City staff provided information on the Whatcom County Council's recent decision regarding the City's appeal of a Whatcom County determination allowing the Lake Whatcom Water & Sewer District to extend sewer mains to serve the North Shore Estates subdivision. The County Council decision affirmed the Whatcom County Hearing Examiner's decision allowing the Lake Whatcom Water & Sewer District to provide sewer services to this development located in the Lake Whatcom Watershed and outside of the urban growth area. Under the Growth Management Act and Department of Ecology regulations, sewer extensions in rural areas are forbidden. JW / GK moved for council to authorize an appeal of the Whatcom County Council's decision to Whatcom County Superior Court. MOTION CARRIED 7-0. | APPROVED |
| 4. POTENTIAL PROPERTY ACQUISITION: Staff provide information on a potential property acquisition. City council provided direction. No action was taken. | NO ACTION |
| MAYOR'S REPORT | |
| AB18431 1. MAYOR'S APPOINTMENT OF ALLEN MATSUMOTO TO THE PLANNING AND DEVELOPMENT COMMISSION Information only. | INFO ONLY |
| FINAL CONSIDERATION OF ORDINANCES | |
| AB18407 1. CB 13518 AN ORDINANCE RELATING TO THE 2009 BUDGET TO ACCOUNT FOR THE RECEIPT OF A FEDERAL AMERICAN RECOVERY AND REINVESTMENT ACT GRANT FOR ENHANCED PEDESTRIAN CROSSING SAFETY AND APPROPRIATING AN ADDITIONAL $349,948.00 OF EXPENDITURES IN THE STREET FUND. LB / BAR 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 #2009-05-025 | Ord. 2009-05-025 APPROVED |
| AB18408 2. CB 13519 AN ORDINANCE RELATING TO THE 2009 BUDGET TO ACCOUNT FOR THE RECEIPT OF A FEDERAL BUDGET GRANT TO REPLACE THE JAMES STREET BRIDGE AND APPROPRIATING AN ADDITIONAL $2,544,904.00 OF EXPENDITURES IN THE STREET FUND 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: MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-05-026 | Ord. 2009-05-026 APPROVED |
| AB18413 3. CB 13520 AN ORDINANCE RELATING TO THE 2009 BUDGET REALLOCATING $2,280.00 IN THE GENERAL FUND AND $1,700.00 IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND TO PROVIDE FOR THE RECLASSIFICATION OF A POSITION IN THE PLANNING DEPARTMENT COMMUNITY DEVELOPMENT GROUP. TB / 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: MOTION CARRIED 7-0 and was thereafter named Ordinance #2009-05-027 | Ord. 2009-05-027 APPROVED |
| ADJOURNMENT There being no further business, the meeting was adjourned at 9:53 p.m. | |
