Bellingham City Council

Shall the council:

255. Honor council member Don Gischer for his service to the citizens of Bellingham? Ward 4 representative Joan Beardsley died on 3/12/07. Don Gischer was appointed by the City Council (see the 4/4/07 special meeting, votes 82 and 83) to fill her seat. Mr. Gischer was defeated in the primary election so this will be his final meeting. He also represented the 1st Ward from 1984 through 1995. AB17700 (Resolution 2007-34) Approved 6-0, Gene Knutson excused.

256. Approve the 2008 budget? The year 2008 begins with reserves of $90,374,092; anticipates revenue of $203,736,813; expenditures of $229,627,274 and ending reserves of $64,483,631. The general fund begins with reserves of $16,622,876; anticipates revenue of $65,324,915; expenditures of $71,534,020 and ending reserves of $10,413,771. AB17635F (Ordinance 2007-11-94) Approved 6-0, Gene Knutson excused.

257. Appropriate $20,000 in Beyond Greenways money to demolish a King Mountain house? The lease expired and the city decided not to extend it because of water supply issues. Instead of leaving the house vacant, it will be demolished. The Greenway Advisory Committee voted at their 9/20/07 meeting to use endowment interest funds to demolish the single-family home. This expenditure will leave $182,220 in the endowment fund. AB17679 (Ordinance 2007-11-95) Approved 6-0, Gene Knutson excused.

258. Regulate motorized foot scooters? Motorized foot scooters with internal combustion engines must have a muffler and scooters used at night must have a headlight and reflectors. The driver must be at least 16 years old, wear a helmet and keep at least one hand on the handlebars. Electric personal assistive mobility devises (Segway personal transporters) were originally part of this ordinance but were removed by a 4-3 vote. Barbara Ryan, John Watts and Gene Knutson opposed. At third and final reading city staff was directed to look at regulating within this ordinance the electric personal assistive mobility devises (Segway personal transporters) and bring the language back to council. AB17686 (Ordinance 2007-12-96) Amended and approved 5-1, Barbara Ryan opposed and Gene Knutson excused.

259. Authorize the mayor to accept a $20,000 donation from Puget Sound Energy for a solar power project at Depot Market Square? Puget Sound Energy donated $30,000 for 12 solar panels that were installed at the Environmental Learning Center in Maritime Heritage Park. That demonstration project exceeded Puget Sound Energy’s expectations leading to this second demonstration project. The city will receive energy production credits of $.15 per kW generated, estimated to be $250 annually. AB17693 (Ordinance 2007-11-97) Approved 6-0, Gene Knutson excused.

260a. Accept $961,975 from the Trillium Corporation and spend the money for street work in the Cordata Business Park? The Trillium Corporation and the city of Bellingham negotiated (see 12/11/06 meeting, vote number 306) an agreement that was signed on 12/28/06; it required Trillium to share roadway improvement to June, Stuart and Horton (Thomas) roads. This payment satisfies the Trillium commitment. AB17694 (Ordinance 2007-11-98) Approved 6-0, Gene Knutson excused.

260b. Accept $92,900 from the West Bakerview Square developer? The development permit required a $92,900 fee to pay for pipe and the work to bury 640 feet of Spring Creek. This money will be used for stream restoration projects in the Squalicum Creek drainage basin. AB17694 (Ordinance 2007-11-98) Approved 6-0, Gene Knutson excused.

Shall the council:

261. Authorize the mayor to sign a $5 million settlement with Stonewall Insurance Company of Cambridge, Mass. and Granite State Insurance Company of New York, N.Y.? The Stonewall settlement is $1 million and the Granite State settlement is $4 million. This is the seventh and final settlement for reimbursement of cleanup costs, and brings the total to $9,747,200. The previous settlements were approved at the 2/27/06 meeting, vote number 37; 4/2/06 meeting, vote number 96; 7/10/06 meeting, vote number 158; 9/25/06 meeting, vote number 234; 11/6/06, vote number 277 and 4/7/07, vote number 99. (Executive Session) Approved 6-0, Barbara Ryan excused.

262. Authorize the city attorney to retain outside counsel for advice and possible litigation of environmental cleanup? The potential case requires specialized legal expertise and city doesn’t have enough staff to deal with it. This information is very sketchy because Whatcom Watch was stonewalled by the city attorney’s office. (Executive Session) Approved 6-0, Barbara Ryan excused.

263. Adopt a draft comprehensive sewer plan? The draft will be sent to the state Department of Ecology for review. After the state has approved the draft, the council will adopt a final comprehensive plan for the next 20 years. AB17705 (Resolution 2007-35) Approved 4-2, Terry Bornemann and Stan Snapp opposed, Barbara Ryan excused.

264. Adopt the updated Lake Whatcom water source protection plan? This is the state-required six-year update of the plan used to develop and implement the watershed control program. Recommendations include continuing the programs aimed at land preservation, stormwater management, urbanization/land development, community outreach, spill response, forestry/fish/wildlife, transportation, recreation, utilities, waste management and administrative efforts. This update adds an enforcement focus for improving city and county enforcement regulations by creating an enforcement team cross-trained in all watershed-specific regulations. AB17708 (Resolution 2007-36) Approved 6-0, Barbara Ryan excused.

265. Set the time and dates for the 2008 regular council meetings? Twenty-eight meetings are scheduled for 2008, two more than were scheduled for 2007 and the same number that were scheduled for 2006. AB17709 (Resolution 2007-37) Amended and approved 6-0, Barbara Ryan excused.

266. Authorize the mayor to award the low bid of $107,316 to Vertical, Inc. of Bellingham for a lobby remodel at fire station #1? The council packet didn’t give any details on the remodel. Ninety-two bids were solicited and five were received. (AB17717) Approved 6-0, Barbara Ryan excused.

267. Appropriate $4,335,673 for goods and services checks issued from November 2 through November 16, 2007? (AB17718/17719) Approved 6-0, Barbara Ryan excused.

268. Appropriate $2,856,518 for city payroll checks issued from November 1 through November 15, 2007? (AB1720) Approved 6-0, Barbara Ryan excused.

Shall the Council:

269. Accept a donation from Howard Hammer of property in the Irongate industrial area? The 3.2-acre parcel at 1629 Baker Creek Place is unimproved and Baker Creek runs through it. (Executive Session) Approved 7-0

270. Appropriate $1,127,200 for goods and services checks issued from November 17 through November 30, 2007? (AB17744) Approved 7-0

271. Honor Finance Director Therese Holm for her service to the citizens of Bellingham? Therese Holm was elected finance director in 1999 and reelected in 2003. She was the key person who obtained financing for waterfront redevelopment. She has received the professional finance officer award for the past 13 years. During her term the finance department received several awards for budget and reporting efforts. The council appreciates her exemplary service. AB17722 (Resolution 2007-38) Approved 7-0Action Take at Action Take at the December 4, 2007 Meeting

272. Honor council member John Watts for his service to the citizens of Bellingham? Ward 3 council member Arne Hanna died on November 27, 1998; the City Council appointed John Watts as his replacement. Mr. Watts was elected in 1999 and reelected in 2003. He has served on various boards protecting public health, safety and welfare. His efforts have been focused on responsible growth, preserving the city’s livability, sustaining economic development, environmental issues specifically facing Lake Whatcom, public fiscal responsibility and involving the citizenry in the process. AB17723 (Resolution 2007-39) Approved 7-0

273. Honor council member Bob Ryan for his service to the citizens of Bellingham? Mr. Ryan was elected Ward 1 representative in 1995, reelected in 1999 and 2003. He served on various boards diligently working in the areas of economic development, public safety, legislative and border issues and regional strategic planning. He was willing to vote “no” and approached his work in a soft-spoken manner. AB17724 (Resolution 2007- 40) Approved 7-0

274. Allocate $9,747,200 in environmental insurance settlement funds? The city sued its insurance carriers for non-payment of claims for environmental damage at six sites: Holly Street landfill, Cornwall Avenue landfill, Central Waterfront (including the Roeder Avenue landfill, Little Squalicum Park, Boulevard Park and Taylor Avenue uplands). The city had been named as potentially liable for the damages by the state and filed suit when the carriers refused to pay claims. The claims have been settled; this vote allocates1 the funds to pay for cleanup costs and legal fees. AB17725 (Resolution 2007-41) Approved 7-0

275. Update the fire permit fee schedule? The 2008 schedule increases the fees by 7 percent to fully cover the cost of permit and inspection fees, fire plan review fee and inspection services. AB17728 (Resolution 2007-42) Approved 7-0

276. Adopt transportation impact fees for 2008? The base fee for each p.m. peak hour vehicle trip is adjusted yearly to the actual costs needed to accommodate new growth stated in the annual six-year transportation improvement program. The 2008 fee of $1,875 per p.m. peak hour vehicle trip is a 54 percent increase over the 2007 and is primarily from an increased cost of infrastructure and the overall number of transportation projects planned. AB17731 (Resolution 2007- 43) Approved 7-0

277. Bring the business and occupation tax code into alignment with state changes? This will bring the city code into alignment with state changes that will be effective 1/1/08. The city estimates the changes will reduce the 2008 B&O tax revenue by $890,000. AB17701 (Ordinance 2007-12-99) Approved 7-0

277. Amend administrative provisions of the business and occupation tax code? This clarifies specific administrative provisions regarding underpayments, overpayments and late payments to bring the city into alignment with state changes taking effect 1/1/08. AB17702 (Ordinance 2007-12-100) Approved 7-0

278. Accept and spend a $150,000 federal grant? The Preserve America grant will run from 7/1/07 through 7/31/09. In the first year, a consultant will survey the lettered streets, York and South Hill neighborhoods for historic significance and identify those properties eligible for the National Register of Historic Places. In a second year, the money will be used will perform in-depth research and nominate eligible properties to the National Register of Historic Places. The images and survey information will be added to the city geographic information system to aid the permitting and design review process. The city is contributing $51,902 in in-kind staff time and $15,000 in matching funds. Another $93,972 of donated volunteer labor will also be generated from involvement of neighbors and students to create a match of $160,874 and a grand total of $310,874. AB17703 (Ordinance 2007-12-101) Approved 7-0

279. Amend the Guide Meridian neighborhood plan? (Public hearing held at 11/19/07 meeting) Amend the plan by deleting the outdated information on the open space and public facilities sections of the plan and changes the name to the “Guide Meridian/Cordata Neighborhood.” AB17676B (Ordinance 2007-12-102) Approved 7-0

280. Amend the Puget neighborhood plan and zoning table? (Public hearing held at 11/19/07 meeting) This amendment will change the land use and zoning designation from multifamily residential to planned commercial to allow a three-story mixed use building to be built on the north side of Lakeway Drive between Pacific and Orleans streets. AB17677B (Ordinance 2007-12-103) Approved 7-0

281. Amend the Samish neighborhood plan? (Public hearing held at 11/19/07 meeting) The neighborhood has undergone considerable changes to its rural character since the plan was created originally in 1980. The amendments are aimed at guiding future development to protect the remaining neighborhood wooded character, preserve the natural environment and help mitigate freeway noise. AB17678B (Ordinance 2007-12-104) Approved 7-0

282. Amend the South Hill neighborhood plan? (Public hearing held at 10/22/07 meeting) This amendment changes the character section of the plan to specifically protect the character and views from future development. Development designs must complement and enhance the surroundings, especially in cases where height and/or bulk come into conflict with the character and existing and future private and public views, vistas and view corridors of South Hill. AB17648B (Ordinance 2007-12-105) Approved 7-0

283. Modify the regulations for taxicabs and for-hire vehicles? The municipal code hasn’t been updated since 1992. Since that time, the number of vehicles has increased; over 70 vehicles were inspected in 2006. The Bellingham Police Department inspects the vehicle and tests the meters and other equipment. The inspections take an officer approximately one hour. The police department recommended a license fee increase from $10 to $20, an inspection fee increase from $20 to $35 and adding a $20 re-inspection fee for vehicles that failed the first inspection. AB17704 (Ordinance 2007-12-106) Approved 7-0

284. Modify water utility rates and charges? An independent consultant was hired to review and update water utility planning. The consultant recommended increasing the rates and charges because the current fees are insufficient to meet current utility obligations. This is due to changes such as the significant revenue decrease that will result from the closing of G-P and the added watershed operating expenses to protect the utility’s drinking water source. The new rates are based on a cost of service model to provide equal application among the customer classes. The single family residence monthly flat-rate for unmetered and metered services will increase by an average of 10.8 percent per year over the next five years. AB17706 (Ordinance 2007-12-107) Approved 7-0

285. Modify sewer utility rates and charges? The sewer capital improvement program study recommended rate changes to meet operation and capital expenses. Bi-monthly and monthly sewer rates for single family and non-single family residences will increase 6.5 percent per year for the next six years. AB17707 (Ordinance 2007-12-108) Approved 6-1, Stan Snapp opposed.

286. Reclassify an accounting assistant 2 position? The public works incumbent filed for a job audit and human resources recommended reclassification as an accounting technician. New duties have been added to the workload including monitoring compliance with complex grants and contracts, preparing grant reimbursement requests, processing requisitions and claim payments and assisting in maintaining financial records for a large complex portion of the public works budget. AB17710 (Ordinance 2007-12-109) Approved 7-0

287. Amend the 2008 budget due to the accounting assistant 2 classification change? An additional $2,126 needs to be allocated in the 2008 budget and the top step difference is $4,836. The reclassification was completed after the 2008 budget changes could no longer be accepted; this amendment addresses the changes. AB17711 (Ordinance 2007-12-110) Approved 7-0

288. Authorize receipt and use of $23,406 in unbudgeted revenues in the police and cemetery funds? The police federal equitable sharing fund was awarded $4,406 for bulletproof vests in 2006, but the money was not received until 2007. The cemetery has received $19,000 more than expected revenues and will use it reimburse the general fund for equipment purchases and vandalism repairs. AB17712 (Ordinance 2007-12-111) Approved 7-0

289. Appropriate $32,400 for the Holly landfill boardwalk sculpture? Funds were budgeted but a delay in obtaining the sculpture caused the funds to lapse. Solid waste bond money will be used to obtain the sculpture. AB17713 (Ordinance 2007-12-112) Approved 7-0

290. Appropriate $310,000 in solid waste remediation funds for added legal expenses? The funds were recovered from insurance settlements (see vote 273) and need to be appropriated to pay for added legal expenses involved in procuring the insurance settlements. AB17714 (Ordinance 2007-12-113) Approved 7-0

Shall the council:

291. Approve the mayor’s appointment of John Carter as the city of Bellingham finance director? In November 2006, Bellingham voters approved a change in the city charter. They changed the position of finance director from elected to appointed by the mayor. John Carter has been the chief financial officer for the Port of Bellingham since 1990. (AB17749) Approved 7-0

Shall the council:

1. Transfer ownership of the Cornwall Avenue landfill property from the solid waste fund to the general fund? A loan from the solid waste fund allowed the city to purchase 49 percent of the property from the port at the 12/5/05 meeting, vote number 264, to help with waterfront cleanup efforts. The insurance settlement will repay the loan (see the 12/10/07 meeting, vote 273); the amount is $2,701,841. AB17726 (Ordinance 2008-01-01) Approved 7-0

2. Authorize repayment of an interfund loan from the solid waste fund to the natural resources protection and restoration fund? This ordinance repays the loan used to purchase a 49 percent interest in the Cornwall Avenue landfill. AB17727 (Ordinance 2008-01-02) Approved 7-0

3. Accept and spend a $300,000 state grant for disaster preparedness? The office of emergency management will use the funds to prepare for large-scale emergencies and natural disasters. No matching funds are required. AB17745 (Ordinance 2008-01-03) Approved 7-0