Bellingham City Council

Correction

Shall the council:

123. Sidewalk replacement program. The packet material for City Council members contained two different figures for low bid. Whatcom Watch was unable to ascertain which was the correct figure before deadline so the summary page figure of $255,000 was listed. That figure was wrong; the correct amount is $370,000. (AB17511) Approved 7-0

Shall the council:

131. Authorize the mayor to sign a $30,500 settlement with Lynn Olson? The police dog Striker bit the Alaska Marine Highway System employee at the Bellingham Cruise Terminal. The injury required surgery and cost her $11,000 in lost salary and medical bills. Under the agreement the city will be released from any further claims stemming from the accident and the State of Alaska will grant a medical lien waiver. (Executive Session) Approved 7-0

132. Spend $138,000 to purchase seven-tenths of an acre in the Padden Creek area? The property is being purchased from Allan Ershig and Ted Mischaikov and is part of the open space/trail program. The city will be granted a trail/conservation easement over an abutting 3.77 acres. Beyond Greenways funds will purchase the property. (Executive Session) Approved 4-3, Louise Bjornson, Bob Ryan and John Watts opposed.

133. Issue a noise variance to Wilder Construction for the street resurfacing program? The variance (10 p.m. to 7 a.m.) covers West Champion, Woburn, Ellis, Chestnut, James, F, Dupont and Northwest for the months of August and September. Paving should take one or two days for each street. (AB17527) Approved 7-0

134. Appropriate $3,550,600 for goods and services checks issued from June 8 through July 6, 2007? (AB17530/17531/17532/17533) Approved 7-0

135. Appropriate $5,375,974 for city payroll checks issued from June 1 through June 30, 2007? (AB17534/17535) Approved 7-0

136. Establish a neighborhood services program? The program is part of an effort to increase services and outreach to citizens so they become informed about proposals, decisions and activities that affect them. A permanent neighborhood services coordinator position is created. The $67,235 to fund that position and other expenses for 2007 will come from the general fund. AB17490 (Ordinance 2007-07-48) Approved 7-0

137. Reclassify a library position from circulation supervisor to division supervisor? The position supervises 35 employees, coordinates facility issues with public works and with the county library system to provide fluid services between the two systems. A job audit recommended the change to division supervisor and the title of head of circulation. The change will increase the 2007 wage by $1,172 and the top step by $9,864. AB 17492 (Ordinance 2007-07-49) Approved 7-0

138. Change temporary positions to permanent part-time positions at the aquatic center? For the last two years, the center has had staff shortages for swim instructors and lifeguards, causing program cancellations. A state rule limiting temporary staff to 70 hours per month has limited job applications. The permanent part-time positions (30 hours a week) will allow more efficient scheduling. It will also reduce full-time staff overtime and provide program consistency to customers. The added cost is $10,000 for benefits; this will be offset by reduced temporary labor benefits, training cost and increased user-based revenues. AB17493 (Ordinance 2007-07-50) Approved 7-0

139. Eliminate the permit center manager position and create an assistant director position? The planning and community development department needs to reorganize to give the director added help in managing and supervising the department’s operations. The current structure places nine staffers under the director, which is currently open. A new assistant director will oversee the center’s operations and help the director to manage/supervise the department’s overall operations. The annual cost will be $5,500 more than the permit center manager. AB17494 (Ordinance 2007-07-51) Approved 7-0

140. Consolidate waterfront redevelopment project funds? The 2007 budget placed waterfront redevelopment expenditures into various funds and departments because there was no waterfront redevelopment manager to organize them. The manager position has been filled so all waterfront redevelopment funds will be centralized. AB17495 (Ordinance 2007-07-52) Approved 7-0

141. Guarantee the repayment of Bellingham-Whatcom Public Facilities District bonds? To issue bonds, the public facilities district requires a city pledge that they will repay the bonds1 if the facilities district can’t. The district will sell $12.5 million in bonds to finance the art and children’s museum (for more information, see the 6/18/07 meeting, vote number 121). This vote also includes a $2.8 million loan that the city expects to be repaid from private contributions to the Campaign of the Arts. AB17496 (Ordinance 2007-07-53) Approved 7-0

142. Modify the 2007 parking fund budget? At the 1/7/06 meeting, vote number 8, the council modified the budget for parking fine revenue. That vote moved parking funds over $475,000 from the general fund to the parking fund to maintain a revenue neutral approach. Staff now believes a more effective method is cost reimbursement, focusing on transferring costs instead of splitting revenue. This modification places all parking revenue in the parking fund, consolidating all the collection costs and once a month transferring reimbursement for parking enforcement costs to the general fund. AB17499 (Ordinance 2007-07-54) Approved 7-0

143. Amend the Bellingham Municipal Code for receipt of parking fine revenue and the reimbursement of enforcement costs? All parking fine revenue will be placed in the parking fund and the costs will be debited from the general fund. The parking fund will reimburse the general fund once a month. AB17500 (Ordinance 2007-07-55) Approved 7-0

144. Amend the city building code? State law requires cities to update building codes adopted by the state building code council. The building code council recently adopted the 2006 International Building Code and other related codes.2 AB17501 (Ordinance 2007-07-56) Approved 7-0

145. Amend the city fire code? State law requires cities to enforce the state fire code; the state recently adopted the 2006 International Fire Code. The city is required to adopt the International Fire code by 7/1/07. AB17502 (Ordinance 2007-07-57) Approved 7-0

146. Consent to the acquisition of Advanced Telecom by Integra Telcom Holdings? The 1985 ordinance granting the telecommunications franchise to Advanced Telcom required the company to get the city’s consent to any change to the franchise, including merger or acquisition. Integra Telcom Holdings, Inc. is purchasing Advance Telecom and its parent company Eschelon Telcom, Inc. Advanced Telcom will continue to exist as a legal entity and be part of the city franchise. AB17514 (Ordinance 2007-07-58) Approved 7-0

Shall the council:

147. Approve municipal sewer service for 766 Marine Drive? (Public hearing held) San Juan Engineering submitted an application for city sewer to replace the septic system. The property is currently receiving water from Whatcom County Water District #2. The property abuts city sewer, is being assessed latecomers fees for sewer and meets city policy on utility extensions. (AB17326B) Approved 6-1, Barbara Ryan opposed.

148. Authorize the mayor to award the low bid of $504,645 to Ram Construction of Bellingham, for two projects:Puget Street pedestrian and bike improvements and Woburn/Alabama intersection improvements? The Puget Street project — from Fraser to Gladstone — will install a bike lane and sidewalk along 1,000 feet, landscaping and 300 feet of stormwater pipe. The Woburn/Alabama project will install pavement, sidewalk, and storm drain for a new right-turn lane on Woburn at the Alabama intersection. Fifty-nine bids were solicited and three were received. (AB17540) Approved 7-0

149. Approve a request from the Bellingham Food Bank to allow a mortgage on the property at 1824 Ellis Street? A quitclaim deed dated 3/30/05 requires City Council approval before financial encumbrances are placed on the property. The food bank is preparing to make $2,131,000 in building improvements. The food bank currently has cash and inkind pledges of $1,645,000. Should a loan be required, Whatcom Education Credit Union has authorized a loan up to $750,000. The food bank believes any loan would be paid off in one year. Should the property revert back to the city, the city would be responsible for any mortgage. (AB17542) Approved 7-0

150. Honor Malcolm Fleming for his exemplary service to the city of Bellingham? Malcolm Fleming served as chief administrative officer from March 2005 until July 31, 2007. The City Council expresses its appreciation for his hard work, exemplary service and dedication to the city of Bellingham. He has taken the position of city manager for Louisville, Colorado. AB17551 (Resolution 2007-16) Approved 7-0

151. Reclassify library support positions? Under the 2006-2008 labor agreement with AFSCME 114, library management and the union agreed to develop a new classification plan and compensation packages for 33 library positions. The plan resulted in changes to wages for nine positions, which will receive lump sum payments in lieu of retroactive wages. An appropriation of $37,394 will fund the lump sum payments. AB17523 (Ordinance 2007-08-59) Approved 7-0

152. Prohibit the year-round use of floatation devices with internal combustion engines on Lake Padden? The state administrative code prohibits fishing from a floating device equipped with an internal combustion motor on Lake Padden from the last Saturday in April through October 31. This ordinance increases the prohibition to the entire year. Recent reports of jet skis on the lake have moved parks and recreation to propose a wider prohibition. AB17525 (Ordinance 2007-08-60) Approved 7-0

The Bellingham wastewater treatment plant was awarded the “outstanding wastewater treatment plant” for 2006 by the state Department of Ecology. The state has 300 wastewater treatment plants and 55 achieved full compliance with its discharge permit. The Bellingham plant was ranked number one. This is the second year in a row the plant has received the award.

Shall the council:

153. Appropriate $2,640,886 for city payroll checks issued from July 1 through July 15, 2007? (AB17562) Approved 7-0

154. Appropriate $4,153,413 for goods and services checks issued from July 6 through July 27, 2007? (AB17563/17564/17565) Approved 7-0

155. Place a charter amendment on the November 6, 2007 ballot? If approved, the City Council will have the authority to change all gender reference in the charter from masculine to gender neutral. For example, change “councilman” to “councilmember.” AB17558 (Resolution 2007-17) Approved 7-0

156. Establish a five-year review of the city charter? Currently, the city charter has no review provision. The charter has not been reviewed since it was adopted in 1973. The Whatcom County Charter was adopted in 1978, a voter-approved commission has reviewed it three times, 1986, 1995 and 2005. This resolution will require a public hearing for citizen input. AB17559 (Resolution 2007-18) Approved 4-3, Louise Bjornson, Terry Bornemann and Barbara Ryan opposed.

157. Vacate a portion of East Ivy Street abutting Mason Street and the Sehome Hill Arboretum? Public ownership of the right-of-way will be relinquished. James Brown is seeking the vacation. The Bellingham Hearing Examiner held a hearing and concluded the vacation is consistent with city policies and recommended approval. The northern half of the vacation will be consolidated with Mr. Brown’s existing property and dedicated to Sehome Hill Arboretum. The southern half will be added to Mr. Brown’s property at 805 Mason Street creating enough square footage for an additional single-family home. Mr. Brown will pay the city $34,134 for the vacated property. AB17480 (Ordinance 2007-06-61) Approved 7-0

158. Move $1 million in state funds for right-of-way acquisition and construction of Sunset Drive, from Woburn Street to the city limits? Property acquisition for Phase 2 of the Sunset Drive improvement project has progressed much faster than anticipated so the money will be moved from the 2008 budget to the 2007 budget. The project includes widening the street to arterial standards, bike lanes, turn lanes, sidewalks, curbs/gutters and street lighting. AB17541 (Ordinance 2007-08-62) Approve 6-1, Barbara Ryan opposed.