Bellingham City Council

At the 7/16/07 meeting, vote number 131, the council voted to spend $138,000 in Beyond Greenways funds to purchase property in the Padden Creek area. At the 7/23/07 meeting, the council voted to reconsider the previous action and then voted to change funding for the purchase from Beyond Greenways to Greenways III funds. Approved 5-2, Barbara Ryan and Terry Bornemann opposed.

Shall the council:

180. Authorize the mayor to sign the Whatcom Waterway consent decree? The city is a liable party in the cleanup of the Whatcom Waterway because of property ownership in the cleanup area. Staff recommended approval of the consent decree to implement the state’s cleanup plan. For details on the cleanup plan, see the 9/18/07 port commission meeting , vote number 110. (Executive Session) Approved 6-0, Don Gischer excused.

181. Establish City Council goals for 2008? At the March 14, 2007, retreat, the council discussed preliminary goals and performance objectives and at the July 23 meeting reviewed them. The administration will use the 11 goals as a guide in the development of the 2008 budget. (AB17580) Approved 6-0, Don Gischer excused.

182. Authorize the mayor to award the low bid of $131,998 to Faber Construction of Lynden, for improvements to the Old Village Trail? The trail runs along the Clinton Street right-of-way from Broadway to H Street and along the Bancroft Street right-of-way from H Street to D Street. Construction will start in October and be finished by the end of 2007. The bid is $20,402 under budget. Seventy-two bids were solicited and four were received. (AB17592) Approved 6-0, Don Gischer excused.

183. Authorize the mayor to award the low bid of $408,599 to Colacurcio Brothers of Blaine, for street improvements and water line replacement on W. Champion Street? This project will install a waterline, curb and gutter, sidewalk, pavement, streetlights and vegetation between Prospect Street and West Magnolia Street. Fifty-nine bids were solicited and four were received. (AB17593) Approved 6-0, Don Gischer excused.

184. Appropriate $1,629,889 for goods and services checks issued from August 25 through August 31, 2007? (AB17603) Approved 6-0, Don Gischer excused.

185. Appropriate $2,813,545 for city payroll checks issued from August 16 through August 31, 2007? (AB17604) Approved 6-0, Don Gischer excused.

186. Add November 26 to the City Council meeting schedule? Mayor Douglas proposed adding a meeting to the schedule so that the 2008 budget can be adopted before he leaves office. The council agreed with the plan; it will hold a budget work session on October 29 and adopt the budget at the November 26 meeting. AB17602 (Resolution 2007-21) Approved 6-0, Don Gischer excused.

187. Transfer $300,000 in local improvement district funds to the general fund? The finance director recommended the transfer; state law allows the transfer of any funds greater than 10 percent of the outstanding debt from local improvement district funds, provided there are sufficient funds for future obligations. The transfer reduces the fund to $267,492; it exceeds by $112,092 the city’s practice of keeping a minimum of $155,400 to meet outstanding debt. AB17578 (Ordinance 2007-10-68) Approved 6-0, Don Gischer excused.

188. Reclassify a position from network administrator to systems analyst 2? The Information Technology Services systems analyst 2 position will be changed from part-time to full-time in the 2008 budget. Another position will be reduced from full-time to part-time in the 2008 budget. This vote will allow recruiting to begin now so the position can be filled by 1/1/08. AB17579 (Ordinance 2007-10-69) Approved 6-0, Don Gischer excused.

189. Reclassify a position from computing specialist 2 to technical support/training specialist? A computing specialist 2 position was moved in the budget from the Bellingham library to Information Technology Services to allow interchangeability with the city’s technical support and training team for citywide projects. This reclassification will not affect the 2007 budget. AB17583 (Ordinance 2007-10-70) Approved 6-0, Don Gischer excused.

190. Accept and spend a state grant of $4,500 for DUI overtime patrols? The Washington Traffic Safety Commission grant will pay overtime for “Drive Hammered – Get Nailed” patrols from 8/15/07 through 9/3/07. The performance standard is a minimum of three vehicle stops per hour with ticket, unless circumstances dictate otherwise. AB17585 (Ordinance 2007-10-71) Approved 6-0, Don Gischer excused.

Shall the council:

191. Send a letter to the Whatcom County Council urging them to overturn1 a Whatcom County Hearing Examiner’s decision granting a conditional-use permit to the Lake Whatcom Water and Sewer District? The purpose of the permit is to supply water to the Lake Whatcom Treatment Center at 3400 Agate Heights Road. The City Council opposes the permit unless it: prohibits using the center’s water reservoir and water lines to serve the proposed Vineyard subdivision on Squalicum Mountain; reduces the water pipe to serve only the center; reduces the concrete reservoir to a size needed for the center only; prohibits the construction of a pump station and prohibits upgrading the Opal Terrace Plumb station to serve the center. (Executive Session) Approved 7-0

192. Authorize the mayor to award the sole bid of $65,959 to PC Mall of Torrance, Calif., for financial software? Twenty-sevens bids were solicited and one was received. (AB17613) Approved 7-0

193. Appropriate $4,126,741 for goods and services checks issued from August 31 through September 14, 2007? (AB17614/17615) Approved 7-0

194. Approve a request from the Bellingham Housing Authority for relief from certain development standards for the Walton Project? The project is a proposal to create 101 affordable housing units at 1511 N. State Street, the former Walton Beverage site. The housing authority requested an extension of the design review vesting period from two to five years; reduction in on-site parking from 159 to 111 stalls and authorizing the planning director to approve the design for the parking spaces and to reduce on-site parking by an additional 10 percent based on the project’s financing and design. AB17612 (Resolution 2007-22) Approved 7-0

195. Prohibit the improper occupation of parking spaces with meters? Currently, vehicles that don’t park within the confines of parallel parking spaces are not violating the law. The police department proposed this amendment to address the gap in the law. Council also asked the parking commission and staff to develop an enforcement plan for the existing rule regarding over-length vehicles in compact spaces and blocking traffic, especially in angled parking areas. AB17595 (Ordinance 2007-09-72) Approved 7-0

196. Accept a federal grant of $59,028 to partially pay the wages for one detective? The grant will partially pay the salary for a Bellingham police officer assigned to the Northwest Regional Drug Task Force. For additional information, see the County Council meeting on 7/10/07, vote number 136. AB17600 (Ordinance 2007-09-73) Approved 7-0

Shall the council:

197. Ratify the AFSCME, local 114, three-year labor contract? The new contract with the Bellingham Police Guild will increase officer wages by 4.25 percent in 2007 and 2008 and 4 percent in 2009. Starting in January of 2008, medical insurance payments will shift from dollar amounts to percentage payments. The incentive for furthering officer education will be 1 percent of the cost of AA degrees on 7/1/07 and 2 percent of the cost for BA and BS degrees on 7/1/08. The contract runs from 1/1/07 through 12/31/09. (Executive Session) Approved 7-0

198. Appropriate $2,623,668 for city payroll checks issued from September 1 through September 15, 2007? (AB17630) Approved 7-0

199. Appropriate $3,504,983 for goods and services checks issued from September 14 through September 28, 2007? (AB17631/17632) Approved 7-0

200. Authorize the city administration to discuss with Whatcom County the creation of a new management structure for the Lake Whatcom Reservoir? The details of the joint city/county organization, its accountability, enforcement of regulations and funding will be worked out jointly. A draft of the agreement will be brought back to the council for approval. For the County Council vote, see the 10/9/07 meeting, vote number 212. (AB 17625) Approved 7-0

201. Adjust fee schedules for land-use applications and fire system permits, inspection and re-inspection for all other permits? At the 6/13/05 meeting, vote number 121, the council set the goal of recovering all permit fees, establishing a reserve fund and reviewing the fees annually to bring revenues into accord with current costs and maintain reserves. This vote establishes some new fees and increases some existing fees by an average of 7 percent to reflect current costs. The actual changes depend on the project scope, complexity and size. AB17622 (Resolution 2007-23) Approved 7-0

202. Change the level of service for Northwest Avenue between I-5 and the city limits and on Lakeway Drive between Electric Avenue and the city limits? (Public hearing held) Development proposals generating 10 or more vehicle trips on these arterials during the peak p.m. hour must be denied because the arterials have exceeded the current level of service. This ordinance will allow for better maintenance of the roads. AB17605 (Ordinance 2007-10-74) Approved 4-3, Louise Bjornson, Don Gischer, and Bob Ryan opposed.

203. Reclassify the assistant library director position? This reclassification was requested prior to filling the vacancy. Human Resources used an internal equity analysis and external salary survey to determine the appropriate classification. The position is reclassified from program manager 1 to department manager 1. AB17606 (Ordinance 2007-10-75) Approved 7-0

Shall the council:

204. Authorize the city attorney to appeal to Superior Court the Whatcom County Hearing Examiner’s decision granting a conditional-use permit to the Lake Whatcom Water and Sewer District? The hearing examiner’s decision was first appealed to the Whatcom County Council. At the 9/24/07 meeting, vote number 191, the City Council asked the County Council to make six changes to the appealed decision. At the 10/9/07 meeting, vote number 203, the County Council upheld the decision with one amendment. The City Council has decided to take the case to Superior Court to get the permit modified. (Executive Session) Approved 5-0, Don Gischer and John Watts excused.

205. Appropriate $2,798,487 for city payroll checks issued from September 16 through September 30, 2007? (AB17645) Approved 5-0, Don Gischer and John Watts excused.

206. Appropriate $3,220,874 for goods and services checks issued from September 28 through October 5, 2007? (AB17646) Approved 5-0, Don Gischer and John Watts excused.

207. Increase the salary and the title for two laboratory analyst positions in public works? Human Resources conducted a market study to determine if the position’s pay was market competitive, which is defined as less than a 5 percent difference. It recommended moving the salary grade two steps and adding a 5 percent market step at the top of the range. The job title will be changed from laboratory analyst to water quality specialist. AB17618 (Ordinance 2007-10-76) Approved 5-0, Don Gischer and John Watts excused.

208. Reclassify a superintendent position in public works? Human Resources conducted a salary study in 2006, with several positions receiving upgrades. Concerns about the reliability of the data prevented action for the 2007 budget. The position was restudied this year and found no matching jobs in the market. Resources recommended placement at the same level as the superintendent of maintenance and the superintendent of operations. The position of department manager 1 is deleted and department manager 2 is created. AB17619 (Ordinance 2007-10-77) Approved 5-0, Don Gischer and John Watts excused.

209. Transfer $1,021,734 to the fire department to cover unanticipated overtime expenses? The fire department is short staffed due to attrition and long-term disabilities, which has resulted in overtime expenses beyond the budget. Medic One’s use of fire department personnel has been greater than anticipated and contributed to the overall overtime cost. This vote authorizes Medic One’s unanticipated revenue and unspent matching funds for an unsuccessful federal grant to be transfered to the fire department. AB17620 (Ordinance 2007-10-78) Approved 5-0, Don Gischer and John Watts excused.

210. Expand a residential parking zone to include one block of Morey Avenue? The city and Western Washington University are partners in a residential parking program to reduce student-parking impact on neighborhoods. Property owners on Morey Avenue (located northwest of Highland Drive) have requested inclusion in the program. This vote sets the zone boundaries and enforcement hours from 8 a.m. to 8 p.m. (normal enforcement is 8 a.m. to 5 p.m.) Both the city and WWU enforcement staff agree that Morey Avenue will benefit from inclusion in the zone. AB17621 (Ordinance 2007-10-79) Approved 5-0, Don Gischer and John Watts excused.

211. Amend park impact fees to bring them into alignment with current case law? Washington case law has determined that impact fees are not development regulations. One amended section (19.04.030) strikes regulation and development phrasing from the text to clarify the city’s original intent that new development bears its portion of providing parks, recreation and open space improvements. The other amended section (19.04.130) clarifies how any partial mitigation will be credited to better guide exemptions. AB17623 (Ordinance 2007-10-80) Approved 5-0, Don Gischer and John Watts excused.

Shall the council:

212. Authorize the city to join the Squalicum Valley Community Association and the Y Squalicum Water Association in a request that the Whatcom County Council reconsider2 the conditional-use permit granted to the Lake Whatcom Water and Sewer District? The Whatcom County Council approved the permit at the 10/9/07 meeting, vote number 203 and denied the above request at the 10/23/07 meeting, vote number 217. (Executive Session) Approved 7-0

213. Authorize the mayor to sign a revised agreement that created the Bellingham-Whatcom Public Facilities District? The formation of the Public Facilities District was approved at the 7/15/02 meeting, vote number 121. The original agreement authorized the district to collect sales tax rebates from Bellingham and unincorporated Whatcom County. A recent bookkeeping error discovered that the district has been collecting sale tax rebates from Blaine, Everson, Ferndale, Lynden, Nooksack and Sumas. This revision authorizes the five cites to become members of the Bellingham-Whatcom Public Facilities District. (AB17650) Approved 7-0

214. Amend the character section of the South Hill neighborhood plan? The amendment was submitted by the South Hill Neighborhood Association to protect the hill’s setting, historic buildings and views of natural features such as Bellingham Bay, the San Juan Islands, Mt. Baker and the surrounding foothills and communities. The amendment “strongly supports building and site designs that complement and enhance their surroundings” especially by restricting their height and bulk to “preserve the neighborhood character and protect private and public views, vistas, and view corridors.” (AB17648) Approved 6-1, Bob Ryan opposed.

215. Approve the 2008 action plan of the 2008–2012 consolidated action plan? The action plan designates city use of federal grants for low- and moderate-income housing. The 2008 action plan is the city’s application for federal funds and it will guide the grant allocation of approximately $1,505,000. AB17639B (Resolution 2007-24) Approved 7-0

216. Modify the Bellingham-Whatcom Public Facilities District loan agreement? At the 7/16/07 meeting, vote number 141, the City Council voted to guarantee the repayment of public facility bonds if the district can’t repay them. The vote authorized the district to sell $12.5 million in bonds for the construction of the art and children’s museum and improvements to the Mount Baker Theatre. Since then, finance advisors have determined that issuing “bank qualified” bonds would save on interest, but these bonds are limited to $10 million. The agreement has been modified to issue $10 million in bonds and a city loan of $2.8 million; both will be repaid by sales tax rebate or by the city if the tax rebate is insufficient. The sales tax revenue needs to increase by 4.25 percent annually to fully repay the debt. AB17651 (Resolution 2007-25) Approved 7-0

217. Reclassify two police receptionist positions? The police department has restructured the two positions so they are fully cross-trained and cross-functional to allow greater efficiency and cross-coverage during absences. Two office assistant positions are deleted and two police support services specialist positions are created. The changes are retroactive to 1/1/07. AB17636 (Ordinance 2007-10-81) Approved 7-0

218. Reclassify a data entry technician position? Human Resources conducted a job audit on the Information Technology Services position and found the duties include high level word processing support, form and template creation, updating various Lotus Notes databases and operating a high production scanner. The civil service commission reclassified the position from data entry technician to office assistant 2. AB17637 (Ordinance 2007-10-82) Approved 7-0

219. Amend the bylaws of the Community Development Advisory Board? The 15-member advisory board advises the City Council, mayor and the director of planning and community development on community development issues. The board members recommended amendments to clarify board responsibilities, membership eligibility and add term limits except for the Bellingham Housing Authority representative. AB17638 (Ordinance 2007-10-83) Approved 7-0

220. Receive and spend a federal grant for $55,051 to purchase laptop computers for police vehicles? The Department of Homeland Security grant is part of the law enforcement terrorism prevention program to aid local officers in finding, deterring, disrupting and preventing acts of terrorism. AB17644 (Ordinance 2007-10-84) Approved 7-0

Shall the council:

221. Authorize the mayor to settle an injury claim? The information about this settlement is very sketchy because Whatcom Watch was stonewalled by both the city of the Bellingham and Municipal Court. Murray filed a lawsuit against the city and the county for hearing damage caused by an accidental sounding of a Medic One siren. Under the terms of the settlement, the city and the county will pay $25,000 each. (Executive Session) Approved 7-0

222. Authorize the city to file a quiet title action in Whatcom County Superior Court? In 1994, an easement in the 2000 block of Cowgill Avenue was granted to the city. The property is currently in dispute because of questions over property rights. The city is filing a lawsuit to quiet any and all claims/challenges, establish its claim to the easement and provide city with a clear easement title. (Executive Session) Approved 6-1, Barbara Ryan opposed.

223. Review the published 2008 preliminary budget and approve changes? The revenue changes were to: remove the $9,720,000 bond to build new a library because financing is not finalized and add Puget Sound Energy’s $15,000 reimbursement for creating the resource conservation management position (see vote 235). The expenditure changes are: remove the new library’s construction costs because voter approval is needed, correct for changes in workers’ comp rates and the Social Security wage cap, add the payroll ordinances passed since the preliminary budget was finalized, reduce the park supply budget by $27,500 because the program needs less and add more funding for Northwest Youth Services because of federal funds received in 2007. (AB17635D) Approved 7-0. Two changes were added at the meeting; $250,000 was authorized for the planning department to hire consultants to finish work on long-range planning, annexation and urban village issues. Approved 7-0. The amount of $65,000 was authorized to fund a research analyst position. Approved 6-1, Louise Bjornson opposed.

224. Amend the city/county annexation agreement? This amendment applies to the East Bakerview/James Street annexation that was formally accepted at the 10/16/06 meeting, vote number 261. The city/county agreement requires the amendment to identify and address issues within a given annexation. The only identified issue has the city reimbursing the county $191,957 for two street improvements. The annexation decision will be made in early 2008 after a public hearing. (AB17661) Approved 7-0

225. Approve tourism revenue expenditures? The lodging tax advisory committee recommended expenditures of $1,310,797 and the council approved expenditures of $1,148,580. The committee recommended and approved by the council the creation of a $220,000 reserve fund to level out lodging industry fluctuations. (AB17662) Approved 6-1, Bob Ryan opposed.

226. Authorize the mayor to award the low bid of $73,049 to Myers General of Bellingham for renovations to the Bellingham police department lobby? The reception area will have a security enclosure; there will be the installation of a public writing podium and desk, wall mounted cabinetry, modifications to lightning, electrical fixtures doorways and painting. Seventy-one bids were solicited and five were received. (AB17668) Approved 7-0

227. Authorize the mayor to award the low bid of $57,313 to Valmont Industries of Valley, Neb., for street lighting poles? The bid was for three types of poles, angled, modified angled and straight. Twenty-four bids were solicited and three were received. (AB17669) Approved 7-0

228. Appropriate $3,806,728 for goods and services checks issued from October 5 through October 19, 2007? (AB17671/17672) Approved 7-0

229. Appropriate $2,642,901 for city payroll checks issued from October 1 through October 15, 2007? (AB17673) Approved 7-0

230. Adopt a new fee for land-use applications to recover fees for transportation impacts? The council set the goal of recovering all permit fees at the 6/13/05, vote number 121. A new fee schedule was approved at the 10/8/07, vote number 201. This vote allows the public works department to charge new development a $10 per trip fee based on their peak p.m. hour trips to cover the cost development and construction permits. AB17663 (Resolution 2007-26) Approved 7-0

231. Sponsor the Whatcom Council of Governments’ request to join the Association of Washington Cities employee benefit trust? Quasi-municipal entities like the Whatcom Council of Governments can join the trust if members, such as Bellingham, sponsor them. AB17664 (Resolution 2007-27) Approved 7-0

232. Cancel uncashed checks more than one year old? The total of 23 uncashed checks is $1,058. The money will be held by the city for one year and then transferred to the State of Washington as abandoned property where it will remain available to the payee indefinitely. AB17670 (Resolution 2007-28) Approved 7-0

233. Approve a quasi-judicial rezone in the Whatcom Falls neighborhood? A closed record hearing on 9/10/07, vote number 173, considered the rezone request for approximately 12 acres located west of Yew Street, south of Whatcom Street and at the southern terminus of Xenia Street. The proposal would change residential single cluster lot size from 7,200 square feet to 5,000 square feet while maintaining the gross cluster density of one lot per 10,000 square feet. AB17643 (Ordinance 2007-11-85) Approved 4-3, Louise Bjornson, Gene Knutson and Bob Ryan opposed.

234. Accept and spend a federal grant of $270,686 to prevent violence against women? The grant is a joint award to the city of Bellingham and the Domestic Violence and Sexual Assault Services of Whatcom County. The grant will allow the Bellingham police department and sexual assault services will continue a program to strengthen effective responses to violence against women. It treats domestic violence, sexual assault, dating violence and stalking as serious violations of criminal law. AB17647 (Ordinance 2007-11-86) Approved 7-0

235. Create an assistant resource conservation management position for two years? The assistant will aid the facilities supervisor in implementing the Puget Sound Energy resource conservation management program and work with the environmental resources manager to implement and manage the green house gas emissions inventory and the climate protection action plan. A Puget Sound Energy grant (see vote 237) is contingent upon approval of the position and a three-year commitment to the resource conservation management program. AB17652 (Ordinance 2007-11-87) Approved 7-0

236. Accept and spend a state grant of $6,405 for nighttime seat belt enforcement patrols? The Washington State Traffic Safety Commission grant will pay for overtime for officers participating in the seat belt enforcement patrols from 10/22 through 11/5/07. AB17658 (Ordinance No. 2007-11-88) Approved 7-0

237. Accept a Puget Sound Energy grant of $334,649 to improve sludge treatment? In 2006, the Post Point treatment plant started a project to improve the treatment process and increase the plant’s capacity by replacing the existing aerators with more efficient units and adding variable speed controls to the aerators. This decreases oxygen demand and power consumption. This grant will pay for 40 percent of the improvement costs. AB17659 (Ordinance 2007-11-89) Approved 7-0