March 2009
Watching Government
Bellingham City Council
Compiled by Marcia Guderian
Action Taken at January 12, 2009 Meeting
Shall the council:
1. Approve the Greenway strategic plan for the northside1 and Whatcom Creek areas? This land acquisition program for Greenway III levy funds was developed by the Greenway advisory committee and the parks and recreation department. The plan is based on 2006 expenditure guidelines and was presented to council in October of 2008. It will be periodically updated. Council approval is required for each land acquisition. (AB18275) Approved 6-1, Jack Weiss opposed.
2. Authorize the mayor to sign an agreement (amendment #16) with Whatcom County concerning annexation and development within the Bellingham Urban Growth Area? The 1997 agreement was last amended at the 7/23/08 meeting, voting number 180; this amendment will expire on 12/31/09. (AB18276) Approved 7-0
3. Exempt the National Oceanic and Atmospheric Administration from traffic impact fees? The city and port are working to encourage the NOAA marine operations center to relocate from Seattle to Bellingham. The center serves as homeport for five ships and manages 10 vessels operating along the Pacific coast. State law allows impact fee exemptions for development projects with broad public purposes. (AB18291) Approved 7-0
4. Appropriate $2,981,923 for payroll checks issued from December 1 through December 15, 2008? (AB18285) Approved 7-0
5. Appropriate $8,656,657 for goods and services checks issued from December 5 through December 24, 2008? (AB18286/18287/18288) Approved 7-0
6. Declare fire repairs at the Yew Street fire station an emergency? An emergency declaration exempts the city from the bid process and allows payment. Total repairs for the 11/24/08 fire are estimated at $150,000. (AB18277) (Resolution 2009-01) Approved 7-0
7. Set February 10 as the public hearing date to consider the vacation of a portion of Cowgill Ave. and nearby alley? The Bellingham Hearing Examiner will consider a petition by Kevin Moore, Dan Parcher and the city of Bellingham to relinquish public ownership of rights-of-way on a portion of Cowgill Ave. and the alley between 19th and 20th streets, Wilson and Cowgill avenues. The vacation and the plat application are to be coordinated with the daylighting of Padden Creek. (AB18290) (Resolution 2009-02) Approved 7-0
8. Repeal a law prohibiting firearms in city parks? Cities cannot enact firearm legislation which is more prohibitive than state law. In order for Bellingham to legally prohibit possession of firearms in parks, the state would first have to enable such local controls. Removing the city law avoids potential legal problems. Allowing the local regulation of firearms in city parks will be added to Bellingham’s legislative agenda. AB18253 (Ordinance 2009-01-01) Approved 4-3, Louise Bjornson, Barbara Ryan and Jack Weiss opposed.
9. Clarify city code concerning the transfer of city-owned real property to the Public Development Authority? The city council created the development authority at the 5/5/08 meeting, vote number 136, to manage property redevelopment for city projects such as the waterfront, central business district and Old Town areas. State law provides that the city may transfer property to the authority and that the city shall review and approve any sale or other action proposed for the property. This ordinance will reflect the procedure as provided for in state law. AB18255 (Ordinance 2009-01-02) Approved 7-0
10. Accept and spend a state grant of $9,000 grant for DUI and speeding patrols? The Washington Traffic Safety Commission grant will pay overtime from 10/1/08 to 9/30/09. The DUI overtime must occur between 1600 hours Friday and 0400 on Sunday. The performance standard is a minimum of three vehicle stops per hour with ticket, unless circumstances dictate otherwise. AB18265 (Ordinance 2009-01-03) Approved 7-0
1The southside section of the strategic plan was tabled until the next available meeting following the 15th day after the release of the draft environmental impact statement for Fairhaven Highlands. Approved 6-1, Stan Snapp opposed.
Action Taken at January 26, 2009 Meeting
Shall the council:
11. Authorize the city to appeal to the Whatcom County Hearing Examiner a county decision issuing a mitigated determination of nonsignificance to the proposed Squalicum Ridge Road? The owners of the Vineyard Development Group have abandoned a cluster development on Squalicum Mountain requiring water and sewer lines. Instead, 26 homes will constructed on 20-acre lots with wells and septic tanks. The project applied to the county to build a two-mile-long road to the homes, and the county issued a mitigated determination of nonsignificance. This appeal is based on the opinion of the city legal department that the development should be considered a single project, requiring an environmental impact statement. The three conditions currently required by the county have little or no value in mitigating the environmental impact of the project. Approved 7-0 (Executive Session) Approved 7-0
12. Authorize the city to appeal the Whatcom County Hearing Examiner’s decision on the North Shore Estates to the Whatcom County Council? The hearing examiner upheld the county’s decision to allow the Lake Whatcom Water & Sewer District to extend a sewer line to serve the North Shore Estates subdivision. (Executive Session) Approved 7-0
13. Issue a noise variance to the state Department of Natural Resources for the removal of pilings from Bellingham Bay? The state is removing creosote pilings and other derelict structures from five sites in Bellingham Bay. Construction between 10 p.m. and 7 a.m. requires a noise variance and some of the work has to be performed during those times because of tidal conditions. The state Department of Fish and Wildlife requires that the work be completed by 2/28/09. (AB18293) Approved 7-0
14. Authorize the mayor to award the low bid of $60,873 to Hatton Painting Company of Bellingham for interior painting at the Bellingham Police Department? Seventy-nine bids were solicited and seven bids were received. (AB18298) Approved 7-0
15. Appropriate $3,115,787 for goods and services checks issued from December 24, 2008 through January 16, 2009? (AB18299/AB18300/AB18301) Approved 7-0
16. Appropriate $3,231,799 for payroll checks issued from December 16 through December 31, 2008? (AB18302) Approved 7-0
17. Increase Bayview Cemetery rates for 2009? The rates were last increased at the 11/19/07 meeting, vote number 246. The new general rate increase of 3 percent and the retail items increase of 90 – 95 percent are competitive; the retail markup is less than the 100 percent used by other retailers. The rate increases are expected to generate around $14,000 in revenue for 2009. The cost of a casket burial at Bayview is around $2,000. Currently, “green” burials are not permitted there due to the soil profile. AB18294 (Resolution 2009-03) Approved 7-0
18. Accept $104,775 from the Talbot Company and use the money to repay a state loan? In 1989, acting on Talbot’s behalf, the city took out the 20-year loan from the state of Washington. The loan was used to finance streets, sidewalks, signals, lighting, water lines, storm and sewer in Barkley Village. Retiring the loan one year early will save Talbot approximately $8,000. AB18274 (Ordinance 2009-01-04) Approved 7-0
Action Taken at February 9, 2009 Meeting
Shall the council:
19. Ratify the AFSCME, Local 114, three-year labor contract? This contract covers 392 individuals ot approximately half of the city employees. It will increase wages 2.5 percent in 2009, 2.75 percent for 2010 and 2011. The employer/employee insurance premium contribution amounts for 2009 – 2011 are based upon employees paying 9 percent of Regence FirstHealth premiums; it extends scheduled holiday pay and three days of paid time-off to employees in re-occurring six-to-seven month seasonal positions. (Executive Session) Approved 7-0
20. Deny Steven Jewels’ claim for damages? On June 30, 2008, at approximately 6 p.m., Steven Jewels was riding his bicycle in Cornwall Park when he hit a speed bump causing him to fall to the ground. The fall caused a laceration on his left leg and contusions. He was later treated for an infection and muscle damage. Initial emergency room treatment and followup by a doctor totaled $2,000. Mr. Jewels claims the speed bump was unmarked at the time of his accident but was painted by the city the next day. Staff denied the claim; Mr. Jewels appealed to the City Council. The council believed the accident was caused by Mr. Jewels inattention to the road and not by the design or maintenance of the speed bump. (Executive Session) Approved 7-0
21. Approve the formation of a committee to develop a Lake Whatcom Restoration Planning Guide? The committee will consist of 9 to 11 members appointed by the mayor. The committee will examine approximately 20 existing studies, reports and plans and develop a template for cleanup and restoration activities that meet state requirements to restore the lake to 1992 standards. The guide is to be completed within three months and within a $2,500 budget. (AB18310) Approved 7-0
22. Direct staff to review the comprehensive sewer plan so as to consider ways of reducing biochemical oxygen demand through conservation measures? Oxygen demand is one of the major problems facing the sewage treatment plant, which is not capable of handling future population growth without expanding. (AB18312) Approved 6-1, Gene Knutson opposed.
23. Authorize the mayor to sign an agreement with the Bellingham Housing Authority for police services? The housing authority will pay the city $91,626 for a drug and crime prevention officer to work with residents and neighbors to prevent crime. The officer will set up block watch parties; identify and help juveniles at risk; work with housing authority staff to facilitate grant activities; identify drug dealers and their residences and report on the effectiveness of the program. This agreement will run from 1/14/09 through 1/13/10, continues an ongoing program and may be extended if both parties agree. (AB18315) Approved 7-0
24. Authorize the mayor to award the low bid of $43,492 to Flir Systems of North Billerica, Maine, for a thermal imaging camera? The camera will be used to streamline maintenance at the city’s water and sewer facilities. Forty-three bids were solicited and three bids were received. (AB18318) Approved 7-0
25. Authorize the mayor to award the low bid of $349 per ton to Univar USA of Kent for soda ash? Soda ash is used for pH balance at the water treatment plant. The city uses approximately 300 tons annually at an estimated cost of $104,700. The last bid for soda ash was $278 a ton approved at the 2/25/08 meeting, vote number 38. Sixteen bids were solicited and two bids were received. (AB18319) Approved 7-0
26. Appropriate $3,649,039 for goods and services checks issued from January 16 through January 30, 2009? (AB18320/18321) Approved 7-0
27. Appropriate $2,977,133 for payroll checks issued from January 1 through January 15, 2009? (AB18322) Approved 7-0
