Bellingham City Council

Shall the council:

128. Authorize the mayor to sign a removal and access agreement for Little Squalicum Creek? The agreement is between The Oeser Company, the city of Bellingham and Whatcom County. The agreement will facilitate cleanup, allocate tasks and responsibilities and settle property liability. Whatcom County owns 12.3 acres of property at the creek and Little Squalicum Park and leases it to the city of Bellingham. The Oeser Company provided $500,000 to the city to clean up the park site. A remedial investigation/feasibility study found hazardous substances at the creek site. The EPA will oversee and develop a design for the removal hazardous substance and the restoration consistent with the park master plan. (Discussed in Executive Session) Approved 6-0, Stan Snapp excused.

Shall the council:

151. Place a sales tax increase on the November 2, 2010, general election ballot? (Council acting as the Bellingham Transportation Improvement District) The tax increase would be in place for ten years. Projects to be funded include: arterial pavement resurfacing – additional funds are needed for this annual program; non-motorized transportation options – such as sidewalk connection, flashing crosswalks and bike facilities and transit enhancement – to rescue our public transit system, unless a future Whatcom Transportation Authority ballot measure is approved for the same thing. If Whatcom Transportation Authority should manage to pass a funding measure the district will reduce the amount of the tax increase. (Resolution 2010-01) Approved 4-3, Barry Buchanan, Gene Knutson and Stan Snapp opposed.

152. Appoint committees to prepare pro and con statements for the local voters pamphlet? (Council acting as the Bellingham Transportation Improvement District) Each committee will be made up of three members. Appointed to the proponent committee is Ken Hertz, Wes Frysztacki and Karen Funston and appointed to the opposition committee is Brett Bonner, Anna Williams and Orphalee Smith. (Resolution 2010-02) Approved 7-0

153. Authorize the legal department to hire outside council to aid in litigation in the case of Whitworth Park v. City of Bellingham? Whitworth Park of Lynden filed a complaint for damages in Whatcom County Superior Court. In 2004, Whitwork Park began working with the city to develop property it owns in the 1100 block of Yew Street in the Whatcom Falls neighborhood. On 12/2/05, Whitework submitted an application to rezone the cluster lot size from 7,200 square feet to 5,000 square feet. The City Council approved the rezone at the 11/5/07 meeting, vote number 233. From November 2007 to September 2009, the plaintiff claims that planning director Timothy Steward and the city have conspired to invalidate the City Council’s rezone and interfere with plaintiff’s fundamental constitutional rights and that the defendants’ actions are arbitrary, capricious and in excess of lawfully authority. The plaintiffs claim they have suffered monetary damages of at least $8 million with the specific amount to be determined at trial. (Discussed in Executive Session) Approved 7-0

154. Issue a noise variance to Ram Construction for 12th Street water main work? Construction work between 10 p.m. and 7 a.m. requires a noise variance. The work is being done at night in order to minimize traffic impacts on the Fairhaven business district. The night work will connect the newly installed water line on 12th Street to existing water lines. (AB18935) Approved 7-0

155. Authorize the mayor to reappoint Dawn Sturwold to a two-year term as Bellingham Hearing Examiner? The council approved the appointment of Dawn Sturwold as Bellingham’s first hearing examiner at the 6/12/2000 meeting, vote number 71. The new term expires on 8/12/2012. (AB18938) Approved 7-0

156. Revise the agreement to provide telecommunication services to Whatcom County Department of Emergency Management? The revised agreement increases the number of telephones the city provides the Olympic Communication Center from five to seven. (AB18940) Approved 7-0

157. Authorize the mayor to award the low bid of $69,230 to Northend Equipment of Marysville to provide a service body and crane and install it on an existing truck? The new equipment will be installed on a 2005 Ford F-550XL 2WD cab and chassis truck. Twenty-eight bids were solicited and three bids were received. (AB18941) Approved 7-0

158. Authorize the mayor to award the lowest responsible bid of $140,453 to Long Painting of Kent to seal the 40th Street reservoir? The company will furnish and install a 100 percent pure polyurea concrete tank lining system for approximately 8,000 square feet inside the reservoir and the exterior concrete lid. Fifty-nine bids were solicited, five bids were received and the two lowest bidders were disqualified because of incorrect documentation. Purcell Painting of Tukwilla was the low bidder at $113,274. (AB18942) Approved 7-0

159. Appropriate $2,717,630 for goods and services checks issued from July 16 through July 30, 2010? (AB18943/18944) Approved 7-0 Approved 7-0

160. Appropriate $2,485,401 for payroll checks issued from July 1 to July 15, 2010? (AB18945) Approved 7-0 Approved 7-0

161. Adopt the 2010-2014 Lake Whatcom Management Program work plan? The draft work plan was presented to council on 4/20/2010. Since that time, in response to public comments and council concerns, the plan has been revised and three appendices added to clarify the process of reaching the Total Maximum Daily Load goals, as well as funding issues and acronyms. Once the plan is adopted, it will be submitted to the Washington State Department of Ecology for inclusion in the Total Maximum Daily Load summary implementation strategy. Further information about the work plan can be obtained online at http://www.lakewhatcom.whatcomcounty.org. AB18848 (Resolution 2010-22) Approved 7-0

162. Support the continuation of the Multi-Agency Coordination Center at the Bellingham airport? The center was developed for the 2010 Olympic Games by Washington State, the U.S. Congress and the Department of Homeland Security. It is ideal for the management of large scale incidents and facilitates coordination and communication among public safety and law enforcement agencies, municipal, tribal, county, state and federal agencies and private sector partners. It also provides office space for area emergency managers. The Whatcom County Council voted to support the continuation of the center at the 6/22/2010 meeting, vote number 124. AB18939 (Resolution 2010-23) Approved 7-0

163. Rezone a portion of the Guide Meridian/Cordata Neighborhood to allow offices? The area is located along the west side of Cordata Parkway between Horton and Stuart roads. The current “planned institutional” zoning allows medical and educational facilities. The rezone adds “office uses.” At one time the site was cattle grazing land. Current structures are an assisted living center and medical offices. The tallest building allowed within the area would be 60 feet. The site contains wetlands and tributaries to Silver Creek. The rezone was initiated by the planning director, and was originally proposed by Philip and Melanie Multop who own property within the area. AB18891 (Ordinance 2010-08-45) Approved 7-0

164. Reorganize city staff and reduce1 the number of city employees in response to economic pressure? From one to four jobs are affected in each city department including administration, museum, library, finance, legal, judicial, human resources, parks, planning, fire, police and public works. Ten full time, one half time and one part time positions are being eliminated. Three more positions are being reduced from full time to part time and an unspecified number of labor jobs will also be reduced in hours. One position increased to full time, two new positions are being created and the Museum Foundation is helping to fund two more new positions at the museum. The reductions in salaries, benefits, workers’ compensation and employee health insurance will save the city $427,000 this year and $800,000 in 2011. AB18926 (Ordinance 2010-08-46) Approved 7-0

165. Install a sewer line on 34th Street between Taylor and Donovan and assess the affected property owners for the cost of the work? (Public hearing held at July 12 meeting) Property owners have requested the installation of a sewer line to serve 34th Street between Donovan and Taylor. The County Health Department has restricted septic use in this area; an existing sewer line on 34th Street can be extended. At the 5/10/2010 meeting, vote number 99, the council passed a resolution to form a Local Improvement District for the area. The LID will allow the city to charge project expenses to the properties benefitted by from the sewer. The city will install approximately 1,500 lineal feet of eight inch sewer pipe at an estimated cost of $200,000. AB18608 (Ordinance 2010-08-47) Approved 7-0

166. Receive and spend a $61,994 federal grant for the fire department? The U.S. Department of Homeland Security grant will be used by the fire department for the purchase and installation of an emergency diesel generator. This grant requires the city to send five officers to a hostage negotiators’ conference. AB18924 (Ordinance 2010-08-48) Approved 7-0

167. Appropriate $14,666 for repairs to the golf course clubhouse? The clubhouse needs repainting and the roof repaired. The repairs have been requested by the company leasing the golf course and the Lake Padden Golf Committee. The golf course fund contains enough money for the repairs. AB18925 (Ordinance 2010-08-49) Approved 7-0

1Eliminated: two half time positions at the museum; one full time position at the library; one full time and one part time in finance; one full time in legal; one full time in judicial; one full time in human resources; three full time positions in parks; one full time in the fire department and one full time in public works. Reduced from full time to half or part time: one in executive; one in planning; one in the police department and an unspecified number of non-benefited jobs in public works. Created: one temporary part time at the museum (funded by the Museum Foundation); one full time at the museum (50 percent funded by the Museum Foundation); one full time at the library and one full time in finance. Increased from part to full time: one in parks. Transferred: one half time from executive to human resources.

Shall the council:

168. Spend $3,000 to purchase a .16 acre property on north Samish Hill? The property is being purchased from First Advent Christian Church and is located north of Lake Padden Park in the vicinity of Yew Street and Bennett Road, on the corner of platted streets Glass and Chester. This lot lies within the 120-acre North Samish Hill open space area and will accommodate part of a North Samish Crest Trail loop, providing a better location for that trail and avoiding wetlands and steeper slopes in the adjacent city-owned parkland. The North Samish Crest Trail will connect Lake Padden Park and the Whatcom Creek Trail, with construction of the initial loop in 2011. (Discussed in Executive Session) Approved 7-0

169. Direct staff to proceed with the planned expansion of the Post Point Sewer Treatment Plant to increase capacity to meet load requirements for 9 – 16 years? This is phase 1 of the expansion project. Meeting the required capacity for 9-16 years is the intermediate expansion option presented by staff at an estimated cost of $47 million. The minimum option is 0–3 years estimated at $34 million, and the maximum option is over 20 years estimated at $55 million. Council previously directed staff to pursue southward expansion for the plant. Sensitive wetlands and a Blue Heron rookery will need to be protected during construction. The project is to be completed before the end of 2014. Final designs and plans will be submitted to council before the expansion project is begun. (AB18879) Approved 5-2, Jack Weiss and Stan Snapp opposed.

170. Amend the Critical Areas Ordinance? (Public hearing held at August 9 meeting) The ordinance was first adopted at the 11/21/2005, vote number 252, and is being amended for the first time. Existing structures in geologically hazardous areas will be permitted to expand if the projects are certified by a licensed geologist. Demolition or dismantling of existing structures and minor revisions in uses, buildings and site plans in these areas will be permitted provided that they do not increase the impact to the area or the risk to life and property. Permanent fencing shall be placed at the edges of a Critical Area buffer and shall also require a Critical Area Permit. Wetland buffers will not include areas that are cut off by a public roadway. Correctly engineered pervious surfaces and above/below-ground water cisterns will be allowed within building setbacks from Critical Area buffers unless they disturb or cause damage to the essential roots of trees growing in the buffer. Slopes that are supported by retaining walls, foundation walls and stairways will not be considered as landslide areas. Other minor changes in language are also included in the list of amendments. AB18930 (Ordinance 2010-08-50) Approved 7-0

171. Amend the land clearing ordinance? (Public hearing held at August 9 meeting) The amount of land that can be cleared without obtaining a permit is being reduced from 5,000 square feet to 500 square feet. This amendment will make the land clearing ordinance consistent with the stormwater, critical areas and Lake Whatcom reservoir ordinances. AB18931 (Ordinance 2010-08-51) Approved 7-0

172. Authorize the mayor to accept a $888,551 federal grant for the fire department? The U.S. Department of Homeland Security funds will pay the salaries and benefits for four full-time firefighters for two years beginning on September 11, 2010. The grant will restore the four positions that were eliminated during 2008-9. AB18932 (Ordinance 2010-08-52) Approved 7-0

173. Amend the 2010 budget to add $110,228 in federal grant funds to restore four full-time positions in the fire department? The four full-time experienced firefighters will be hired in September to replace four positions that were eliminated within the last two years. This amendment funds the four new positions from 9/11/2010 through 12/31/2010. AB18933 (Ordinance 2010-08-53) Approved 7-0

Shall the council:

174. Accept the report “Cable Television Needs” as representative of community needs? The 15-year cable television franchise with Comcast expires on 2/16/2011 and the city is preparing a renewal contract. The city staff conducted a public outreach program in order to assess community needs and then prepared the Cable Television Renewal Informal Needs Assessment report. The report may be viewed on the city’s website at http://www.cob.org. In addition to accepting the report, the council will consider the report’s recommendations when providing directions for the city’s negotiations with Comcast. AB18949 (Resolution 2010-24) Approved 6-0, Terry Bornemann absent.

Shall the council:

175. Spend $100,000 to purchase 4.5 acres on Lake Whatcom Boulevard? Summit Bank is selling two adjoining parcels in the vicinity of the Stimpson Reserve. The parcels are located at 2563 Lake Whatcom Boulevard (across the street from the lake, north of Sudden Valley and south of Strawberry Point). The land will become part of the conservation property in the Lake Whatcom watershed. (Discussed in Executive Session) Approved 7-0

176. Approve modifications to the 2009-2011 labor contract with AFSCME, local 114L? The original 2009-2011 contract with city librarians was approved at the 10/20/2008 meeting, vote number 287 and modified at the 9/21/2009 meeting, vote number 202. This modified contract will have the following terms: The contract is extended through 12/31/2013. Wages: for 2011, the wage plan remains as published in the current collective bargaining agreement. Then for 2012-2013, wage increases will be the greater of 0 percent or the COLA awarded to the unrepresented (E-Team) group. Benefits: beginning 1/1/2011, the city’s contribution to medical premiums will be based on Group Health co-pay plan 2 instead of Regence PPO. Management will discuss any planned layoffs or position eliminations with the bargaining unit to determine whether savings can be achieved another way. (Discussed in Executive Session) Approved 7-0

177. Sell a surplus 1999 International 4900 fire rescue vehicle for $50,000? The council designated this vehicle as surplus property with a estimated value of $55,000 at the 4/26/2010 meeting, vote number 86. It was put up for auction and received a single bid of $4,500 that was not accepted. The Specialized Emergency Response Program of Whatcom County has offer to purchase the vehicle for $50,000. The city hires this organization to respond to hazardous materials incidents providing technical and operational support. The response program will pay half the money now and the rest in two installments over the next two years. (AB18835) Approved 7-0

178. Deny a request to initiate the review process for the Yew Street Road east annexation? The proposed annexation is approximately 120 acres located between the city limits and Bass Street and within the Yew Street Urban Growth Area. In November 2009, the county reduced the size of the city’s Yew Street UGA and removed the southern portion of the area located with the Lake Padden watershed and placed it into an UGA reserve tract. Property owner filed a petition to annex the area on 6/30/2010. The city needs to consider the financial impact of annexation as well as impacts on environmentally critical areas in at least one-third of the area. Also there are no utilities infrastructure or right-of-way plans developed for the area and the area is deemed “low-priority” and is not planned for annexation review until 2016-29 according to the 2009 annexation phasing plan. (AB18946) Approved 4-3, Terry Bornemann, Barry Buchanan and Gene Knutson opposed.

179. Authorize the mayor to award the only bid to Blumenthol Uniforms of Seattle for the purchase of police uniforms? It is estimated that the city will spend between $40,000 and $50,000 per year over the next three years for uniforms. The one-year contract can be renewed for two additional years. Nineteen bids were solicited and one bid was received. (AB18957) Approved 7-0

180. Authorize the mayor to award the low bid of $166,185 to Hytech Roofing of Lynden to replace the City Hall roof? In addition to roofing, Hytech will replace insulation at an estimated cost of $7,960. Forty-nine bids were solicitated and two bids were received. (AB18958) Approved 7-0

181. Appropriate $4,185,455 for goods and services checks issued from July 30 through August 20, 2010? (AB18959/18960/18961) Approved 7-0

182. Appropriate $931,905 for goods and services checks issued from August 27 through September 3, 2010? (AB18962/18963) Approved 7-0

183. Appropriate $2,537,198 for payroll checks issued from July 16 tthrough August 15, 2010? (AB18964) Approved 7-0

184. Appropriate $2,440,938. for payroll and checks issued from August 1 through August 15, 2010? (AB18965) Approved 7-0

185. Adopt the National Incident Management System? The U.S. Department of Homeland Security has developed an incident management system to coordinate disaster response efforts among federal, state, territorial, tribal and local governments. The city will use this system for managing emergencies. It will be taught in city training courses and will set the standards for mitigation, preparation, response and recovery programs and plans. AB18955 (Resolution 2010-25) Approved 7-0

186. Set October 20 as the public hearing date on the proposed vacation of 26th Street between Douglas Avenue and Taylor Street? The Bellingham Hearing Examiner will consider a petition by Western Washington University for the vacation of a portion of 26th Street plus the parellel alley to the west. The street runs between the WWU Physical Plant on the east and some unimproved university property on the west which the alley intersects. AB18956 (Resolution 2010-26) Approved 7-0

187. Authorize the Transportation Commission to provide advice to the Transportation Benefit District? At the 8/10/2009 meeting, vote number 183, the Parking Commission and the Bicycle and Pedestrian Advisory Committee were dissolved and the Transportation Commission created to give long-term advice on transportation projects and policies. The council approved the Transportation Benefit District at the 7/12/10 meeting, vote number 144, to develop and fund transportation projects within the city. This ordinance will allow the commission to provide citizen advice to both the city and the Transportation Benefit District. Qualified citizens from either the city or Whatcom County may serve on the commission. AB18947 (Ordinance 2010-09-54) Approved 7-0

188. Increase the budget by $30,000 for legal costs associated with negotiating the renewal contract with Comcast? The city is paying $69,250 to Moss & Barnett of Minneapolis, Minn., for consulting and other professional services related to the Comcast franchise renewal. Moss & Barnett estimates that an additional $30,000 will be necessary for the project, bringing the total to $99,250. The majority of the additional money is needed for legal support during negotiations. Comcast has agreed to reimburse the city for approximately $50,000 of the consulting costs. AB18950 (Ordinanace 2010-09-55) Approved 7-0