Bellingham City Council

Shall the council:

191. Authorize the legal department to settle litigation in the case of McCourt v. City of Bellingham? Superior Court Judge Ira Uhrig ruled in favor of Mr. McCourt, directing the city to set his retirement date at 4/30/04 and 208 hours as vacation cash-out. At the 6/23/08 meeting, vote number 178, the council authorized the legal department to appeal Judge Uhrig' s ruling. The city has decided not to appeal of this matter. The city shall report an additional 208 hours as vacation cash-out at retirement, pay the amount required by the state retirement systems and pay Mr. McCourt not over $3,500 for his attorney’s fees. (Executive Session) Approved 7-0

192. Authorize the legal department, through civil remedies, to seek restitution from a neighbor for damaging city property? The property is owned as part of the Lake Whatcom watershed protection program. (Executive Session) Approved 7-0

193. Authorize the legal department to file an amicus brief in support of Whatcom County in Jack Petree v. Whatcom County? A petition for review was filed with the Western Washington Growth Management Hearings Board on 4/14/08. (Executive Session) Approved 6-1, Gene Knutson opposed.

194. Authorize the city attorney to retain outside counsel for advice regarding potential litigation? (Executive Session) Approved 7-0

195. Authorize the mayor to award the low bid of $340,000 to Ebenal General of Bellingham for renovations at Geri Field and Joe Martin Stadium? At Geri Field, wiring will be replaced at all three fields, lighting fixtures will be replaced at one field and a lighting control system installed. A damaged light pole will be replaced at Joe Martin Stadium. Fifty-seven bids were solicited and two bids were received. (AB18041) Approved 7-0

196. Authorize the mayor to award the low bid of $888,206 to Colacurcio Brothers of Blaine for the Red Tail Reach salmon habitat enhancement project? To improve salmon habitat, the project will remove man-made fill from Whatcom Creek stream banks and the floodplain, re-contour sections of the existing streambank, create new backwater areas at channel oxbows and plant native vegetation. The project will be financed by the Olympic Pipeline settlement. (AB18042) Approved 6-1, Barbara Ryan opposed.

197. Authorize the mayor to award the low bid of $47,988 to Barker’s Woodchipping Service of Bellingham for woody debris at Red Tail Reach? Approximately 138 pieces of woody debris will be placed in Whatcom Creek between Racine Street and Meador Avenue to create salmon habitat. The project will be financed by the Olympic Pipeline settlement. Forty-eight bids were solicited and two bids were received. (AB18047) Approved 7-0

198. Authorize the mayor to award the low bid of $84,335 to The Sign Post of Bellingham for repairs to the Mt. Baker Theater marquee? The illuminated message board is no longer functioning; it will be replaced with an electronic LED message board with side displays. Fifty-two bids were solicited and three bids were received. (AB 18048) Approved 7-0

199. Appropriate $2,181,397 for goods and services checks issued from June 13 through June 20, 2008? (AB18049) Approved 7-0

200. Appropriate $2,721,450 for payroll checks issued from June 1 to June 15, 2008? (AB18050) Approved 7-0

201. Uphold the Bellingham Hearing Examiner’s decision on the San Juan Hills preliminary plat and reject a street vacation petition? The 52-unit single-family subdivision on approximately 23 acres is located in the Samish neighborhood, east of 44th Street and north of the Samish Heights subdivision. The hearing examiner approved the plat with conditions and recommended denial of the street vacation petition. The developer appealed four issues: some required street improvements, the design of an extension for 46th Street, application of sprinkler standards and delay in the approval process. AB17999B (Resolution 2008-20) Approved 7-0

202. Oppose military intervention in Iran without the approval of Congress? Bellingham is the first city in Washington state to oppose U.S. intervention in Iran. The council expressed opposition to current U.S. foreign policy and a concern for the devastating costs an attack would entail, both economic and in human lives. A similar resolution was submitted to the U.S. Conference of Mayors. AB18043 (Resolution 2008-21) Approved 7-0

203. Exempt certain essential public facilities from the Critical Areas Ordinance as long as they meet strict performance standards? (Public hearing held at March 17 council meeting.) The CAO, adopted at the 11/21/05 meeting, vote number 252, designates, classifies and protects environmentally sensitive areas under the Growth Management Act, but neglected to exempt essential public facilities as required by the act. This amendment includes a list of essential public facilities that are eligible for the exemption. AB17850 (Ordinance 2008-07-67) Approved 6-1, Barry Buchanan opposed.

204. Amend the land-use and development code to allow expansion of existing retail stores beyond the current 90,000 square foot limit? (Public hearing held on June 9) The 90,000 square foot floor area cap was adopted at the 2/12/07 meeting, vote number 39. Costco Wholesale requested a 20 percent increase over the limit; the Planning Commission recommended a 10 percent increase during the life of the facility. The City Council changed the 10 percent to 2,000 square feet. AB17984B (Ordinance 2008-07-68) Approved 7-0

205. Accept and spend a federal grant of $270,686 for domestic violence and sexual assault services? The city and Domestic Violence and Sexual Assault Services of Whatcom County received the multiyear grant to continue a program to strengthen effective responses to violence against women. AB18013 (Ordinance 2008-07-69) Approved 7-0

206. Clarify the city easement that runs along Ellis Street between Ohio and Kentucky streets? The city vacated the property in order to make additional room for a sports field behind Bellingham High School. A condition of the vacation granted the city easement rights to the west of the vacated area. This ordinance is necessary because the actual easement path differs from the path indicated in the vacation ordinance. AB18017 (Ordinance 2008-07-70) Approved 7-0

207. Update the rates for solid waste and recycling collection, adding new collection charges and changing the reduced rate criteria? Since the last update, services and charges for food/yard recycling and some specific penalty charges have been added. The eligibility criteria for reduced rates will be standardized with the criteria used to determine reduced water/sewer rates and every other month pickup will be eliminated. AB18018 (Ordinance 2008-07-71) Approved 7-0

208. Add an additional member to the Bellingham/Whatcom County Commission Against Domestic Violence? A second member from the state Department of Social and Health Services will be added; one member will be from the Community Service Office and the second from the Division of Children and Family Services. The commission will increase to 28 members. AB18020 (Ordinance 2008-07-72) Approved 7-0

Shall the council:

209. Authorize the legal department to appeal the Whatcom County Court decision dated July 10, 2008? The decision declined to enforce the state Department of Ecology condition prohibiting the extension of sewer service to the North Shore Estates subdivision. The vote also authorized the hiring outside legal council to represent the city. (Executive Session) Approved 6-0, Louise Bjornson excused.

210. Approve the mayor’s initial appointment of seven members to the Bellingham Public Development Authority? The public corporation was established at the 5/5/08 meeting, vote number 136. The authority will manage property redevelopment at the waterfront, central business district, the Old Town neighborhood and other redevelopment projects as directed by the City Council. The authority will be responsible its own debts, obligations and liabilities. The following were appointed to the board of directors: Rud Browne to a one-year term expiring on July 21, 2009; Bruce MacCormack, Scott Barg, Ken Hertz and Brian Steele to three-year terms expiring on July 21, 2011; Chris Webb and Heather Wolf to four-year terms expiring July 21, 2012. (AB18051) Approved 6-0, Louise Bjornson excused.

211. Extend utility services to the aircraft crash rescue and fire fighting station at the Bellingham airport? City staff is directed to issue a utility services availability letter to Whatcom County on condition that the Port of Bellingham agrees in writing that the utility services extension agreement does not set a precedent. The parties will continue to have a dispute over the validity of the annexation litigation that the port is pursuing. The City Council has stated that no further utility service extensions shall be granted to properties in the UGA without annexation, but will consider approval of utilities extensions on a case-by-case basis. The port has requested utility service extensions for the aircraft rescue station and the airport parking lot expansion project. AB18056 Approved 6-0, Louise Bjornson excused.

212. Authorize the mayor to award the low bid of $4,998,038 to Ram Construction of Bellingham for the Sunset Drive improvement project? This project widens Sunset Drive from two to five lanes from Woburn Street to McLeod Road. The project is roughly eight-tenths of a mile long; it includes a two-way, left-turn lane; two bike lanes; sidewalks on both sides and bus pullouts. The low bid was $1,001,262 under the engineer’s estimate. One hundred and forty-four bids were solicited and eight bids were received. The project will be partially funded by a federal grant. (AB18059) Approved 4-2, Jack Weiss and Barbara Ryan opposed, Louise Bjornson excused.

213. Appropriate $ 2,978.016 for payroll checks issued from June 16 through June 30, 2008? (AB18066) Approved 6-0, Louise Bjornson excused.

214. Appropriate $4,551,350 for goods and services checks issued from June 20 through July 10, 2008? (AB18067/18068/18069) Approved 6-0, Louise Bjornson excused.

215. Initiate the annexation process for approximately 20 acres known as the Cordata Park site? The city of Bellingham acquired the property at the 8/13/07 meeting, vote number 160, to develop as a neighborhood park. The property currently has an assessed value of $609,880, and is located in the Urban Growth Area, adjacent to the city limits; it borders the Guide Meridian/Cordata neighborhood to the north and east and undeveloped W. Horton Road to the south and private properties to the west. On 5/12/08, the parks department submitted a petition to annex the property. A notice of intention will be forwarded to the Boundary Review Board. A public hearing must be held prior to the final vote on annexation. AB18054 (Resolution 2008-22) Approved 6-0, Louise Bjornson excused.

216. Place a charter amendment on the November 4, 2008, ballot? If the amendment is approved, the term for the at-large council position will change from two to four years. The election for mayor and the at-large position will be staggered. AB18060 (Resolution 2008-23) Approved 6-0, Louise Bjornson excused.

217. Appoint a committee to prepare pro and con arguments for the local voters pamphlet? The previous vote placed a charter amendment on the general election ballot to change the term of at-large council position. The “pro” statement will be prepared by Rebecca Johnson, Chuck Robinson and Grant Deger. The “con” statement will be prepared by Melba Sunel. AB18061 (Resolution 2008-24) Approved 6-0, Louise Bjornson excused.

218. Issue $6,150,000 in revenue bonds to provide funds to continue the Lake Whatcom watershed acquisition program? Fees collected on city utility bills for watershed property acquisitions are running low. The money from the bonds will enable the city to continue the acquisition of land and development rights around the lake. The debt service on the 10-year bonds will be paid with water and sewer revenue. AB18012 (Ordinance 2008-07-73) Approved 6-0, Louise Bjornson excused.

219. Increase the salaries for positions in the Information Technology Department? Because of hiring challenges, a market study was conducted and it showed Bellingham’s wages were more than 5 percent behind the current market rates. The positions for increased salaries are: systems analyst 2; network administrator; technical services manager, program manager 1; department manager; technology services supervisor and applications manager. AB18038 (Ordinance 2008-07-74) Approved 6-0, Louise Bjornson excused.

220. Reclassify a position in the police department from “litter compliance officer” to “neighborhood code compliance officer?” This is a pilot program. The neighborhood compliance officer would investigate violations of city code related to litter, noise, parking and habitation. With emphasis on prevention rather than punishment, the officer would also conduct interviews and provide education to residents about the codes. AB18039 (Ordinance 2008-07-75) Approved 6-0, Louise Bjornson excused.

221. Eliminate the “financial analyst” position and create the position of “financial systems manager?” The financial analyst position is currently vacant. The new position will focus primarily on integrating programs and data from the various financial software systems within the city and finance department. AB18040 (Ordinance 2008-07-76) Approved 6-0, Louise Bjornson excused.

Shall the council:

222. Authorize the mayor to accept a gift of 7.5 acres from Whatcom County? The acreage is adjacent to 20 acres the city purchased at the 8/13/07 meeting, vote number 160, and is known as the Cordata Park site. The property is mostly wetland; it will be used to connect a trail with the new park. (Executive Session) Approved 6-0, Terry Bornemann excused.

223. Authorize the mayor to sign into a five-year lease with Bellingham Technical College for the Maritime Heritage Center? Since July of 2000, the BTC has been leasing the two-story educational building, storage annex and hatchery pools at no cost to conduct a fisheries technology course. The lease expired on 6/30/04 and the college has been operating on a “hold-over” lease agreement. The rent will be one dollar per month with the option of two extensions of two years each. The BTC desires to extend the lease on a short-term basis with the option of a long-term lease if it can raise funding to replace the current buildings on the premises. (AB18078) Approved 6-0, Terry Bornemann excused.

224. Amend the definition of family in single-family residential areas? The present code allows up to three unrelated people to live under the same roof in single-family residential areas. At the 6/23/08 meeting, the council voted to ask staff to look at adopting the limit to four people. Because of public concern and the need for a more thorough revision of the code, the council is reversing the 6/23 decision for now. (AB18081) Approved 6-0, Terry Bornemann excused.

225. Authorize the mayor to award the low bid of $54,758 to HB Jaeger Co. of Burlington for pipe to be used in the water distribution system? Twenty-seven bids were solicited and four bids were received. (AB18084) Approved 6-0, Terry Bornemann excused.

226. Appropriate $3,940,153 for accounts payable checks issued from July 11 through 25, 2008? (AB18085/18086) Approved 6-0, Terry Bornemann excused.

227. Appropriate $2,867,167 for payroll checks issued from July 1 through 15, 2008? (AB18087) Approved 6-0, Terry Bornemann excused.

228. Accept and spend a state grant of $3,000 for DUI overtime patrols? The Washington Traffic Safety Commission grant will pay overtime for “Drive Hammered-Get Nailed” patrols from 8/14/08 through 9/1/08. The performance standard is a minimum of three vehicle stops per hour with ticket, unless circumstances dictate otherwise. AB18063 (Ordinance 2008-08-77) Approved 6-0, Terry Bornemann excused.

229. Increase drug enforcement funds for the police department from $10,000 to $20,000? The petty cash funds are used for drug buys and are needed to facilitate multiple undercover investigations. AB18064 (Ordinance 2008-08-78) Approved 6-0, Terry Bornemann excused.