Bellingham City Council

This was a joint meeting with the Port of Bellingham Commission to discuss The Waterfront District.

Shall the council:

Adopt the proposed framework and main planning assumptions for the waterfront redevelopment master planning process? Adopting this proposal will provide a basis to move the waterfront redevelopment forward toward further development and public review, including referral to the Waterfront Advisory Group. Final decisions will be made only after publication of the final environmental impact statement. (AB18402) Approved 4-2, Jack Weiss and Barbara Ryan opposed, Stan Snapp excused.

Shall the council:

74. Authorize the mayor to sign an agreement (amendment 19) with Whatcom County for the Queen Mountain annexation? At the 9/29/08 meeting, vote number 275, the council initiated the 38-acre annexation process for Queen Mountain. This property is bordered by city limits to the south and east and by undeveloped June Road and Mars Street right-of-way to the north and west. The area is currently undeveloped and lies within the Squalicum Creek watershed and the Baker Creek sub-basin. The northeast and southeast parts of the property contain wetlands and the center of the area contains the eastern portion of Queen Mountain with slopes generally ranging from 15 percent to 40 percent. The 1997 annexation agreement requires the city and county approve amendments to the agreement. The County Council approved amendment 19 at the 4/28/09 meeting, vote number 99. (AB18404) Approved 7-0

75. Authorize the mayor to sign a memo of understanding joining the Whatcom Water Alliance? The alliance was created in 2008 to promote collaboration between local governments and water purveyors toward water conservation through improved regional management of water resources and public outreach programs. The current members of the alliance includes Birch Bay Water and Sewer, city of Blaine, city of Ferndale, city of Sumas, Lake Whatcom Water & Sewer District, Point Roberts, Water District #2 and Water District #7. Any changes to the memo of understanding must be brought before the City Council for approval. (AB18409) Approved 6-1, Barbara Ryan opposed.

76. Reject all bids for stand-by diesel generators at three sewer lift stations? The three sites that currently have no back-up power source are Fir Street, 48th Street and Willow/Edgemoor. Bids were solicited and two responses were received for the three locations. The responses failed to meet equipment specifications. The three sites will be rebid. (AB18414/AB18415/AB18416) Approved 7-0

77. Authorize the mayor to award the low bid of $46,799 to 3 Kings Environmental of Battleground, WA for removal of an underground storage tank at the Woburn Street pump station and the installation of a new above ground diesel tank? The nonconforming underground tank doesn’t meet state regulations. Seventy-two bids were solicited and five responses were received. (AB18417) Approved 7-0

78. Authorize the mayor to award the low bid of $98,712 to Bahnmiller Construction of Snohomish to replace the sheet metal roof on the public works warehouse? Two attempts to repair roof leaks have been unsuccessful, the roof is beyond repair. One-hundred and eight bids were solicited and 18 responses were received. (AB18418) Approved 7-0

79. Appropriate $3,290,455 for goods and services checks issued from April 3 through April 17, 2009? (AB18419/AB18420) Approved 7-0

80. Appropriate $3,152,327 for payroll checks issued from March 16 through March 31, 2009? (AB18421) Approved 7-0

81. Adopt a city identity theft prevention program? The federal Fair and Accurate Credit Transactions Act requires utilities to establish a program to detect and prevent identity theft. The Federal Trade Commission requires utility operators, including municipal utilities, to implement the program by May 2009. AB18389 (Resolution 2009-12) Approved 7-0

82. Amend the transportation concurrency management ordinance? (Public hearing held at 4/13 meeting.) Transportation concurrency means that adequate transportation facilities are in place at the time of or within six years of development approval. At the 12/8/08 meeting, vote number 345, the council adopted multimodal (motor, bike, foot) transportation concurrency as required by the Growth Management Act. Since then, two areas have been annexed: the 640-acre King Mountain neighborhood and the 12-acres on San Juan Boulevard; this vote updates text and maps. AB18374 (Ordinance 2009-04-016) Approved 7-0

83. Appropriate a $69,704 gift for the Bay-Holly Street intersection improvement project? This is the second donation from the Campaign for the Arts fund of the Whatcom Community Foundation for the “gateway” to the arts district project. The city received a $99,626 donation at the 12/8/08 meeting, vote number 342. This brings the total donation to $169,330, exceeding the $150,000 pledge. AB18376 (Ordinance 2009-04-017) Approved 7-0

84. Appropriate $1,592,194 for the Mt Baker Theatre and the art and children’s museum construction costs? The city and the public facilities district have entered into capital contributions agreements with the Whatcom Community Foundation, Campaign for the Arts and the Whatcom Museum Society for this funding. The Campaign for the Arts has committed to raising $4 million in grants and private donations for the two projects. This appropriation includes a gift of $191,137 from the Campaign for the Arts and a gift of $50,000 from the Whatcom Museum Foundation. The remaining $1,351,057 is city funds. AB18377 (Ordinance 2009-04-018) Approved 7-0

85. Allow the city to reduce or eliminate school impact fees for building projects with broad public purposes? As allowed by state statute, the City Council will determine whether to grant or deny each exemption application after consideration in an open public meeting of the public benefit of the project, the project’s needs and the availability of public funding to pay the fees should the project be granted the exemption. AB18384 (Ordinance 2009-04-019) Approved 7-0

86. Allow the city to reduce or eliminate park impact fees for building projects with broad public purposes? As allowed by state statute, the City Council will determine whether to grant or deny fee exemptions. This amendment removes the current exemption for projects with prior agreements to reduce impacts. Exemptions or reductions are reimbursed from public funding. AB18385 (Ordinance 2009-04-020) Approved 7-0

87. Allow the city to reduce or eliminate transportation impact fees for building projects with broad public purposes? As allowed by state, statute, the City Council will determine whether to grant or deny each application. Public funding would pay the fees for projects that are granted the exemption. AB18386 (Ordinance 2009-04-021) Approved 7-0

88. Reclassify a position in the fire department? Extra duties have added overtime to the medical billing supervisor position. The job now includes overseeing the medical billing for Whatcom Medic 1, monitoring compliance with regulations, billing Medicare and Medicaid patients, insurance companies, maintaining confidentiality, training personnel on proper paperwork and supervising support staff. Changing the classification from medical billing supervisor to program coordinator will change the payment to salary rather than overtime pay. AB18393 (Ordinance 2009-04-022) Approved 7-0

89. Accept and spend a $30,000 grant from the Washington Association of Sheriffs and Police Chiefs for an automated license plate recognition devise? The police department will use the license plate reader to identify vehicles used in crimes. The devise uses optical character recognition software to read the license plates on vehicles. The systems can scan one plate per second on cars traveling up to 100 mph. AB18394 (Ordinance 2009-04-023) Approved 7-0

90. Accept a $245,000 federal grant to be used for the Waterfront Innovation Zone: Technology Development Center? The Port of Bellingham project will build a research and technical trades facility at the Marine Trade Center (formerly the Georgia-Pacific tissue warehouse). Both the city and the port secured this grant but the city mistakenly received the money. The city forwarded $220,500 to the port, with $24,500 withdrawn for city administration fees. The city reduced its 20 percent administration fee to 10 percent. AB18395 (Ordinance 2009-04-024) Approved 7-0

Shall the council:

91. Hire the law firm of Kenyon Disend of Issaquah as special tax counsel to represent the city in two Puget Sound Energy lawsuits? Puget Sound Energy has filed two suits against the city seeking tax refunds. One case involves approximately $250,000 of business and occupation taxes: whether B&O tax is applicable to PSE’s Encogen operations during the audit period (2004-2005) and whether the appropriate tax classification was applied. The second case involves approximately $920,000 in utility taxes and revolves around whether the city used the appropriate method in calculating the tax. (Executive Session) Approved 7-0

92. Appeal the Whatcom County Council’s decision on North Shore Estates to Whatcom County Superior Court? At the 1/26/09 meeting, vote number 12, the City Council voted to appeal to the Whatcom County Council the Whatcom County Hearing Examiner’s decision allowing the Lake Whatcom Water & Sewer District to provide sewer services to North Shore Estates. At the 4/14/09 meeting, vote number 78, the County Council voted to uphold the hearing examiner’s decision. North Shore Estates is located in the Lake Whatcom watershed, outside the urban growth area. The city contends that under the Growth Management Act and state regulations, sewer extensions in rural areas are forbidden. (Executive Session) Approved 7-0

93. Appoint Council President Barry Buchanan as liaison to Bellingham School District 501? During a meeting with Barry Buchanan, the school board and superintendent of schools determined that a liaison with City Council would be beneficial. (Old Business) Approved 7-0

94. Authorize the mayor to award the low bid of $539,245 to Dawson Construction of Bellingham for Fairhaven Library renovations? The repairs will fix water seepage in the building, the front steps, sidewalks and landscaping. The old stucco will be removed, bricks repaired and new stucco applied. There may be cost overruns depending on the condition of the brick and sandstone surfaces once they are exposed and the extent of lead paint remediation required. One hundred and forty bids were solicited and six bids were received. (AB18429) Approved 7-0

95. Recognize the importance of neighborhood elementary schools and encourage the school board to keep them open? On March 23rd, a group of concerned parents presented the text of a resolution in support of reopening Lowell Elementary School and expressed concern about several other schools that might be facing closure. City staff prepared the resolution in proper form and the council added language about keeping all city schools open. AB18430 (Resolution 2009-13) Approved 5-2, Stan Snapp and Jack Weiss opposed.

96. Appropriate $349,948 in federal funds for pedestrian crossings? The funds are from the American Recovery and Reinvestment Act and will be used at five locations identified in the 2009-2014 transportation improvement program. Construction will begin this summer on pedestrian crossings at York/Railroad, Samish/Newell, Lakeway/Grant, Alabama/Grant and Maplewood/Northwest. AB18407 (Ordinance 2009-05-25) Approved 7-0

97. Appropriate $2,494,904 in federal funds to replace two bridges crossing James Street? The timber-pile bridges are structurally unsound with weight limits. Construction of the new bridges, will be the first phase of pedestrian and bicycle improvements planned for James Street behind Sunset Square, between Woodstock Way and Orchard Drive. The city will provide 20 percent ($623,726) in additional matching funds for the bridges. AB18408 (Ordinance 2009-05-26) Approved 7-0

98. Reclassify one planning and community development position? Because of new duties added to the accounting assistant 2 position, it has been reclassified as accounting technician. The annual pay increase is $4,932. AB18413 (Ordinance 2009-05-27) Approved 7-0

Shall the council:

99. Approve the sale of two fire department pumper trucks? The fire department’s 2002 Darley Spartan Pumper is scheduled for retirement as part of the plan to upgrade the fire department fleet. Its current value is estimated between $100,000 and $150,000. The 2004 American LaFrance1 Eagle Pumper has unresolved electrical problems. Its current estimated value is between $150,000 and $200,000. At the 4/28/08 meeting, vote number 122, the council authorized the purchase of five fire trucks and one ladder truck at an estimated cost of $2,250,000. (AB18435) Approved 7-0

100. Authorize the mayor to award the low bid of $37,742 to Greenfeathers Nursery of Cornelius, Ore., for materials to create a 3,000-square-foot green roof over the lobby of the art and children’s museum? The modules will be installed by city sponsored Washington Conservation Corps crews. The green roof will include a terrace area for visitors to enjoy and to learn about green roofs. Funding for this project comes from a $471,833 state grant for a green roof, pervious pavement and bioretention accepted at the 4/31/08 meeting, vote number 80. Fifty-five bids were solicited and three bids were received. (AB18441) Approved 7-0

101. Appropriate $3,531618 for goods and services checks issued from April 17 through May 1, 2009? (AB18443/AB18444) Approved 7-0

102. Appropriate $6,023,762 for payroll checks issued from April 1 through April 30, 2009? (AB18445/AB18446) Approved 7-0

103. Recommendations to the Whatcom County Council regarding potential changes to Bellingham’s Urban Growth Area boundary? (Public hearing held) Like other cities in Whatcom County, Bellingham must submit its UGA recommendations to the county by 6/1/09. The county will use these recommendations together with population/employment growth forecasts which were adopted at the City Council meeting on 3/23/09, vote number 51, with the county’s land capacity analysis to determine if there is enough land in the city and UGA for the forecasted population growth over the next decade. The city is recommending that the county make no changes this year to Bellingham’s current UGA, but review the matter again next year. The city council also requests that no additional UGA lots be created in the Lake Whatcom watershed. AB18434 (Resolution 2009-14) Approved 7-0

104. Correct map and text amendments to the transportation concurrency management ordinance? Concurrency means that adequate transportation facilities are in place at the time of or within six years of development approval. At the 12/8/08 meeting, vote number 345, the council adopted a multimodal (motor, bike and foot) transportation concurrency ordinance as required by the Growth Management Act. Since then, two areas have been annexed: the 640-acre King Mountain neighborhood and the 12-acres on San Juan Boulevard, it is necessary to update text and maps. A public hearing was held at 4/13/09 meeting and at the 4/27/09 meeting vote number 81, the council approved an incorrect version of Ordinance 2009-04-16, making it necessary to resubmit a corrected version at this meeting. This ordinance voids Ordinance 2009-04-16. AB18374 (Ordinance 2009-05-28) Approved 7-0

105. Increase the number of members on the (Lake Whatcom) Watershed Advisory Board and expand its authority and duties? The watershed board was created in 2004 to advise the City Council on issues concerning property acquisition and management in the Lake Whatcom watershed. The number of members will be increased from seven to 11 and membership eligibility will change from only city residents to include Whatcom County residents. Expanded duties will allow the board to advise the city on a wider range of watershed issues. AB18406 (Ordinance 2009-05-29) Approved 7-0

106. Expand the residency requirements for membership on the Civil Service Commission? Residents of Whatcom County can now apply for appointment to the commission, which was previously restricted to city residents. AB18424 (Ordinance 2009-05-30) Approved 7-0

107. Appropriate $45,875 in grant funds and private donations to the Bellingham-Whatcom Public Facilities District? The Campaign for the Arts has committed to raise $4 million for the new art and children’s museum and Mount Baker Theatre improvements. Of the appropriation total, $3,363 is to be spent on the art and children’s museum, $13,112 will go toward the Mount Baker Theatre and $29,400 is unrestricted funds. AB18426 (Ordinance 2009-05-31) Approved 7-0

108. Accept a $50,000 state grant for the Silver Beach Creek phosphorus reduction program? The Silver Beach Creek watershed is a sub-basin of Lake Whatcom, and includes part of the Silver Beach neighborhood, Tweed Twenty, Hillsdale and adjacent areas of the county. This funding will be used for the first phase of the phosphorus reduction program which includes education of local property owners, county health inspections, revised building permits for construction sites, management and upgrades of stormwater facilities and stream restoration, rainbarrels, removal of impervious surfaces, improving treatment efficiency and yard waste collection. AB18432 (Ordinance 2009-05-32) Approved 7-0

¹At the 3/12/07 meeting, vote number 46, the City Council authorized the hiring of special counsel to take legal action against the American LaFrance Fire Engine Company of Ladson, South Carolina, because of unresolved electrical problems with the pumper truck. On 1/28/08, American LaFrance filed for Chapter 11 bankruptcy so legal action against the company was dropped.