Bellingham City Council

Shall the council:

147. Approve a legacies and strategic commitments document? (Public hearing held.) The legacies are 20–50 year goals and the strategic commitments are 6–20 year steps toward those goals. The long-term goals include: clean drinking water; healthy environment; equity and social justice; sustainable economy; sense of place; community safety; mobility options; quality of life; and responsive city services. The council made several amendments to the language of this document in order to: ensure citywide access to parks and trail; reduce dependence on single occupancy vehicles and support alternative methods of transportation; encourage public and private investment; and support people-to-people connections. (AB18504) Amended and approved 6-0, Barry Buchanan excused.

148. Authorize the mayor to award the low bid of $307,300 to Meyers General of Bellingham to renovate a former medical office building? The building will be used by the police department as an annex. One hundred and forty-four bids were solicited and seven bids were received. (AB18508) Approved 6-0, Barry Buchanan excused.

149. Authorize the mayor to award the sole bid of $61,163 to Datalink of Bellevue to upgrade the computer storage device? The device was purchased in 2004 with two terabytes of space and upgraded in 2006 with two additional terabytes. This purchase will increase the space to six terabytes. Fifty-three bids were solicited and one bid was received. (AB18514) Approved 6-0, Barry Buchanan excused.

150. Appropriate $2,967,460 for payroll checks issued from June 1 through June 16, 2009? (AB18516) Approved 6-0, Barry Buchanan excused.

151. Appropriate $2,350,166 for goods and services checks and issued from June 19 through July 2, 2009? (AB18517/18518) Approved 6-0, Barry Buchanan excused.

152. Set August 12 as the public hearing date to consider the proposed vacation of the northern half of Cowgill Avenue? The Bellingham Hearing Examiner will consider a petition to relinquish public ownership of rights-of-way on Cowgill Avenue roughly between 19th and 20th Streets. After a public hearing on 2/10/09, the Bellingham Hearing Examiner recommended approval to vacate the alley within the same block. The vacation of the street and alley are to be coordinated with the pending Padden Creek daylighting project and and the proposed Parkway Gardens preliminary plat application. AB18511 (Resolution 2009-22) Approved 6-0, Barry Buchanan excused.

153. Increase federal funds for the 2009 action plan by $224,300? The action plan designates city use of federal funds for low- and moderate-income households. The 2009 action plan was approved at the 10/20/08 meeting, vote number 294. The changes will increase both revenues and expenditures equally. Block grant funding is increased by $73,503 and home investment partnership is increased by $150,797. AB18486 (Ordinance 2009-06-42) Approved 6-0, Barry Buchanan excused.

154. Authorize the mayor to accept $767,000 in state money for Northwest Avenue improvements? The money will pay for installing sidewalks from McLeod Road to Bakerview Road; a single lane roundabout to relieve traffic congestion at the I-5 interchange and the street to be resurfaced. The project will be going out for bids later this summer. AB18487 (Ordinance 2009-06-43) Approved 6-0, Barry Buchanan excused.

Shall the council:

155. Vote on two motions, one to purchase property and a second to lease the property? Motion 1: spend $1.7 million to purchase 75-acres in North Bellingham? The property is located on the east side of Northwest Road between Kline Road and Waldron Road outside the city limits. It will be purchased with Greenway levy money from The Riley Companies for use as future parkland and part of the Greenways trail system. It contains wetlands and is subject to wetland laws. Approved 7-0. Motion 2: authorize the mayor to enter into a lease agreement with Cordata Investments? The city will lease the 75-acres to Cordata Investments for 10 years. The company can use the property for wetland mitigation. (Executive Session) Approved 7-0

156. Authorize the mayor to sign an agreement with the state of Washington to fund the storm and surface water utility source control program? Bellingham and the state are partners in a continuing program to provide stormwater education and help with waste management. The program pays for a local source control specialist to visit and provide technical assistance and education to small businesses and citizens to help reduce or eliminate hazardous wastes and pollutants at the source, and to make referrals and report results. The state grant is for $158,638 and runs from 7/1/09 to 6/30/11. City costs will be $41,525. The program may be extended. (AB18529) Approved 7-0

157. Authorize the mayor to award the low bid of $571,532 to HB Hansen of Lynden for Phase 2 of the Northridge Park project? The park is located between Barkley Blvd and E. McLeod Rd. This project includes creating a trail segment between Woodside Way and Carrington Way; making trail connectors to the phase 1 trail to Spyglass Drive to Chandler Parkway, Magrath Road to Dakin Street and to Westridge Place; constructing a three-car parking area next to Magrath Road, and providing park signs, marker posts, boardwalk and benches. The engineer estimated the construction cost at $764,882. One hundred and forty-three bids were solicited and six bids were received. (AB18531) Approved 7-0

158. Delay increases in parking fees for one year? Parking rates were scheduled to increase from 75 cents to $1 dollar per hour. (AB18532) Approved 7-0

159. Authorize the mayor to award the low bid of $540,334 to Faber Brothers Construction of Lynden for Fraser Street for phase 3 of the pedestrian and bike improvements? This project includes installation of bike lanes and a pedestrian boardwalk from Puget Street to the Regency Apts. The purpose of the boardwalk is to avoid wetland loss and the roadway embankments have a sand/gravel backfill section that also acts as a water filter. One hundred and four bids were solicited and 11 bids were received. (AB18533) Approved 7-0

160. Authorize the mayor to award the lowest responsive bid of $55,260 to the Overhead Door Company of Bellingham to replace garage doors? Eleven doors that were installed in the late 60s at the public works complex on Pacific Street will be replaced with stronger and more energy-efficient doors. The lowest bid at $46,925 was disqualified because it didn’t meet bid specifications. Forty-two bids were solicited and three bids were received. (AB18543 ) Approved 7-0

161. Appropriate $4,130,084 for goods and services checks and issued from July 2 through July 17, 2009? (AB18544/18545) Approved 7-0

162. Appropriate $3,122,391 for payroll checks issued from June 16 through June 30, 2009? (AB18546) Approved 7-0

163. Authorize the finance director to declare the city’s official intent to sell municipal bonds? Federal law requires the city to declare an intent to initiate the process. Bond sales must still be approved by the City Council. AB18527 (Resolution 2009-23) Approved 7-0

164. Set the fee for purchasing residential density at $5,000 per density unit? Property owners in a transfer of development rights receiving zones are allowed to increase the number of dwelling units that can be built by paying a fee to the Lake Whatcom Watershed Property Acquisition Program (approved at the 6/29/09 meeting, vote number 142). The transfer of development rights zones are located in the recently annexed Guide Meridian/Cordata, King Mountain, Meridian and Mount Baker neighborhoods. AB18528 (Resolution 2009-24) Approved 7-0

165. Update City of Bellingham’s water system plan? As required by state law, the city must update the plan at least every six years. The last complete update was in 1993 and the last partial update was in November 2006. This updated plan reflects changes in Urban Growth Areas, growth projections and water service policy. The new plan provides the city with a clear strategy to improve the water system (source, storage, pipes and pumps) and to maintain future water quality and quantity up to 2025. AB18535 (Resolution 2009-25) Approved 7-0

166. Annex approximately 20 acres to be known as the Cordata Park site? (Public hearing held at 7/13 meeting) The property is located within the city’s Urban Growth Area, bordering the Guide Meridian/Cordata neighborhood to the north and east, undeveloped W. Horton Road to the south and private properties to the west. At the 8/13/07 meeting, vote number 160, the council authorized up to $1 million be spent to purchase the property. In response to a petition submitted by the parks department, the council initiated the annexation process at the 7/21/08 meeting, vote number 215. The property is undeveloped and will be the first park in that part of town. AB18503 (Ordinance 2009-07-44) Approved 7-0

167. Correct an error in the April budget amendment? The city and port secured a $245,000 federal grant for the Waterfront Innovation Zone in the Marine Trades Center, the former G-P tissue warehouse. The money was mistakenly counted twice in the budget. This vote reduces revenue and expenditures in the general fund by $245,000. AB18506 (Ordinance 2009-07-45) Approved 7-0

168. Appropriate $37,500 to purchase school zone flashing beacons? The beacons will be installed at Sunnyland, Larrabee, Birchwood and Carl Cozier elementary schools. The city will be reimbursed by the Washington Traffic Safety Commission. A final report must be submitted to the commission within one year of the installation detailing the impact of the beacons along with one year of post-installation speed and collision data. AB18507 (Ordinance 2009-07-46) Approved 7-0

Ordinance 2009-08-47 and Ordinance 2009-08-48 were passed at the 8/10/09 meeting, vote numbers 178 and 179.

169. Accept a $103,147 federal grant to be used for gang intervention? The Edward Byrne memorial justice assistance grant will pay the salary of the current full-time gang detective. The contract runs from 7/1/09 to 6/30/10. AB18515 (Ordinance 2009-07-49) Approved 7-0

Shall the council:

170. Authorize the mayor to sign an agreement regarding a public records request? Attorney Steve Chance requested documents containing information about city efforts to protect the public from rail traffic at a Boulevard Park crossing. Mr. Chance is representing the husband of a woman killed by an Amtrak train at the crossing. A judge reviewed the 80 documents Mr. Chance requested, ordered three documents released to the attorney and fined the city $6,505 for withholding the documents. (Executive Session) Approved 6-0, Terry Bornemann excused.

171. Authorize the mayor to sign an agreement regarding North Chuckanut Estates? The original agreement allowed the nine-lot development called North Chuckanut Estates to access homes via Chuckanut Crest Drive. Three lots don’t have legal access via Chuckanut Crest Drive, so this agreement allows lots six through nine to access the development via California Street. This agreement allows the home owners to access California Street from a private road which must have at least 20-foot wide pavement, a maximum grade of 15 percent, turning radii that comply with fire department standards, guard rails and retaining walls in appropriate locations, a stormwater management system, sufficient stability to support the city’s fire trucks, and an automated gate to ensure the road will be used only by occupants of the three lots and emergency responders. (Executive Session) Approved 6-0, Terry Bornemann excused.

172. Authorize the mayor to award the low bid of $728,035 to Razz Construction of Bellingham for the phase II upgrade at the water treatment plant? An air scour system will be installed to add airflow to the filter backwash cycle. This should reduce the amount of water needed for the backwash cycle by 20 to 40 percent. Seventy-six bids were solicited and six bids were received. (AB18552 ) Approved 6-0, Terry Bornemann excused.

173. Authorize the mayor to award the low bid of $114,193 to Stellar J Construction of Woodland, Wash. to install a rotary press at the Post Point sewer treatment plant? The equipment has been purchased; this bid is for installation and connecting to existing plant systems. The rotary press will replace two existing centrifuges at the treatment plant, and will save $21,000 and 514,000 kW per year. When the project is complete, Puget Sound Energy will award an energy savings grant of $266,876 to the city. Sixty-four bids were solicited and four bids were received. (AB18560 ) Approved 6-0, Terry Bornemann excused.

174. Appropriate $2,972,345 for payroll checks issued from July 1 through July 15, 2009? (AB18561) Approved 6-0, Terry Bornemann excused.

175. Appropriate $2,021,194 for goods and services checks and issued from July 17 through July 24, 2009? (AB18562 ) Approved 6-0, Terry Bornemann excused.

176. Amend the fee schedule for infill housing applications? Fees for accessory dwellings and carriage houses already exist, but fees must be established for other forms of infill housing. Accessory dwelling units and carriage house fees are set at $531 plus a $53 notice fee. Other infill housing will be considered planned development for which the base fee is $3,188 for up to one acre plus $319 per additional acre and a $53 notice fee. AB18556 (Resolution 2009-26) Approved 6-0, Terry Bornemann excused.

177. Support proposed amendments to the rural portion of the Whatcom County Comprehensive Plan and zoning changes? The county is updating the Comprehensive Plan in response to an order from the Western Washington Growth Management Hearings Board. Some areas next to Bellingham and its urban growth area, including areas in the Lake Whatcom watershed, are to be rezoned in order to reduce future development and sprawl. The areas under consideration include Chuckanut, Emerald Lake, Fort Bellingham, North Bellingham, and (in the Lake Whatcom watershed) North Shore, South Bay and Sudden Valley. The proposed downzone for many of these areas is from homes on one-half to two acre lots down to one unit per 10 acres. In addition to supporting the proposed changes, the city is encouraging the county to consider similar downzones in areas that are currently zoned for five-acre development, “beginning with the land in the Lake Whatcom watershed.” AB18557 (Resolution 2009-27) Approved 6-0, Terry Bornemann excused.

178. Create an infill housing toolkit and green landscaping standards? (Public hearing held at June 29 meeting.) The infill housing toolkit will contain special development regulations for new infill housing forms thus encouraging efficient use of remaining land, protection of environmentally-sensitive areas and creation of affordable housing in city neighborhoods and urban growth areas. AB18482 (Ordinance 2009-08-47) Approved 6-0, Terry Bornemann excused.

179. Amend the water, sewer and infrastructure installation regulations to allow for the creation of the infill housing toolkit? These amendments are required in order to create the infill housing toolkit. AB18483 (Ordinance 2009-08-48) Approved 6-0, Terry Bornemann excused.

Ordinance 2009-07-49 was approved at the 7/27/09 meeting, vote number 169.

180. Amend the 2009 budget to reflect two reductions in employer payments and increase the unemployment compensation fund by $520,000? The Association of Washington Cities has announced an employer’s “premium holiday” for employee life insurance, a savings of about $120,000 and the state Legislature reduced the employers payment to the Public Employees Retirement System, a savings of about $400,000. These combined savings will go into the unemployment compensation fund. AB18505 (Ordinance 2009-08-50) Approved 6-0, Terry Bornemann excused.

181. Simplify the process for establishing the list or docket of annual comprehensive plan amendments? (Public hearing held at the July 27 meeting) The new process for docketing any given issue would include a Planning Commission public hearing and recommendation followed by a City Council public hearing after which, the council will decide whether to place the issue on the list of proposals that the city will give further consideration. Amendments to neighborhood plans are part of the comprehensive plan and so will be considered under this process. Previously the actual docketing was done by the Planning Commission and planning director. AB18523 (Ordinance 2009-08-51) Approved 6-0, Terry Bornemann excused.

182. Accept a state grant and appropriate $37,735 to provide stormwater education and assistance to local businesses? (Public hearing held on July 27) Under the terms of the state program, the city will employ a full-time person and a part-time person to educate small businesses on managing hazardous and solid wastes. The state grant is for up to $158,638, city funding is $41,625 and the contract runs from 7/1/09 to 6/30/11. AB18530 (Ordinance 2009-08-52) Approved 6-0, Terry Bornemann excused.

183. Establish a Transportation Commission? Currently, there isn’t a citizen advisory committee taking a long-term look at the transportation issues facing the city of Bellingham. The nine-member Transportation Commission will take over the duties of the Bicycle and Pedestrian Advisory Committee and the Parking Commission. It will advise the City Council on transportation planning and transit issues, ensure that transportation investments are consistent with Comprehensive Plan goals, advise the council on parking fees, fines and collection methods, off-street parking contracts and possible expansion of residential parking zones. This ordinance will go into effect at the end of the year. AB18534 (Ordinance 2009-08-53) Approved 4-2, Gene Knutson and Louise Bjornson opposed, Terry Bornemann excused.

Shall the council:

184. Direct staff not to appeal the arbiter’s decision in the case of Matia Contractors v. city of Bellingham? A court-appointed arbitrator ordered the city to pay Matia Contractors $243,000 for terminating a contract for renovations at Joe Martin Field. At the 7/10/06 meeting, vote number 161, the council approved a $621,366 contract with Matia Contractors of Bellingham for new turf, irrigation and a drainage system at Joe Martin Field. The city terminated the contract because of substandard work. Matia filed a suit in King County for breach of contract. At the 8/13/07 meeting, vote number 159, the council authorized the hiring of counsel in King County. The counsel filed a motion to dismiss the suit and won. Matia filed an appeal and won. At the 5/19/08 meeting, vote number 140, the council voted not to appeal the suit and allow the case to continue in King County. Later, the court case was moved to arbitration. (Executive Session) Approved 6-0, Stan Snapp excused.

185. Appropriate $3,180,964 for payroll checks issued from July 16 through July 31, 2009? (AB18567) Approved 6-0, Stan Snapp excused.

186. Appropriate $4,988,128 for goods and services checks issued from July 24 through August 14, 2009? (AB18568/18569/18570) Approved 6-0, Stan Snapp excused.

187. Approve the Van Wyck/James Street annexation? (Public hearing held at 8/10 meeting) The council initiated the review process for annexation at the 9/29/08 meeting, vote number 276, for approximately 233 acres northeast of Bellingham adjacent to the city limits and the King Mountain neighborhood. The area lies within within the Squalicum Creek watershed and is traversed north to south along its western boundary by Spring Creek, which is one of a variety of environmental features that must be preserved as the area is developed. The area will be zoned residential multi, which allows 10 or possibly 24 dwelling units per acre. Each of the 19 property owners in the area agree to purchase one Transfer of Development Right for every five acres of land in order to obtain additional density by paying a fee to the Lake Whatcom Property Acquisition Fund. An urban village is planned for the area. AB18549 (Ordinance 2009-08-54) Approved 5-1, Jack Weiss opposed, Stan Snapp excused.

188. Approve the Queen Mountain annexation? (Public hearing held at 8/10 meeting) The council initiated the review process for annexation at the 9/29/08 meeting, vote number 275. The area consists of approximately 38 acres adjacent to city limits and the King Mountain and Mount Baker Neighborhoods. The area lies within the Squalicum Creek watershed and the Baker Creek sub-basin and contains sensitive wetlands as well as 15 to 40 percent slopes on the eastern side of Queen Mountain. The area will be zoned residential-single which allows up to 10 dwelling units per acre. The property owners have agreed to purchase one Transfer of Development Right per every five acres of their land. AB18550 (Ordinance 2009-08-55) Approved 5-1, Jack Weiss opposed, Stan Snapp excused.

189. Establish the maximum tax rate for the Local Infrastructure Finance Tool at 0.0607 percent? Rather than increasing taxes, the financing tool redistributes the states portion of the sales tax by refunding it to the city in order to pay for qualifying public improvements to the Revenue Development Area which was created at the 10/23/06 meeting, vote number 275. Before the city can use the financing tool funds, another ordinance must be passed that specifies the actual tax rate that will be used and the date that it will be imposed, which is expected to commence on 7/1/14 AB18551 (Ordinance 2009-08-56) Approved 6-0, Stan Snapp excused.

190. Accept and spend a $126,131 federal grant for neighborhood policing team equipment? The funds will be used for police department bicycles and uniforms and for a server that will be used as the central storage facility for forensic images. AB18558 (Ordinance 2009-08-57) Approved 6-0, Stan Snapp excused.