Bellingham City Council

Shall the council:

259. Ratify the AFSCME Local 114 one-year labor contract? The new contract with the Bellingham Police Guild does not increase wages or change the health plan. The contract runs from 1/1/10 through 12/31/10. (Discussed in Executive Session) Approved 7-0

260. Deny a neighborhood plan amendment and rezone request? (Public hearing held) Property near the south end of Cornwall Avenue was rezoned in 2005 for industrial-marine development. The current property owner requested zoning be restored to its former zoning of multi-family so she can build in-fill housing. The property was part of the South Hill neighborhood until 2005 when it was added to the Central Business District. Such a change at this time is not supported by either the Comprehensive Plan or the Waterfront Futures Group policy. The Planning Commission recommended that the amendment and rezone be denied. (AB18677) Approved 6-1, Gene Knutson opposed.

261. Disregard a bid protest and authorize the mayor to award the low bid of $1,825,780 to Tiger Construction of Everson for the 2009-2010 sewer replacement project? The project replaces sanitary sewers through trenchless technology. The second lowest bidder, Razz Construction of Bellingham, filed a bid protest concerning an irregularity in Tiger’s bid. Staff recommended accepting Tiger’s bid. One hundred one bids were solicited and seven bids were received. (AB18681) Approved 6-1, Jack Weiss opposed.

262. Authorize the mayor to award the low bid of $75,705 to Turftenders of Bellingham for landscape maintenance? This is an annual contract for fire stations, water filtration plant, sewer treatment plant, public works central shop, water reservoirs, pump stations, various medians, stormwater ponds and communication sites. Turftenders bid is 25 percent lower than the previous contract for these services. Fifty bids were solicited and six bids were received. (AB18698) Approved 7-0

263. Appropriate $2,852,117 for payroll checks issued from November 1 through November 15, 2009? (AB18699) Approved 7-0

264. Appropriate $1,366,014 for goods and services checks issued from November 13 through November 20, 2009? (AB18700) Approved 7-0

265. Honor Councilwoman Barbara Ryan for her service to the citizens of Bellingham? Ms. Ryan was elected Ward 6 representative in 1997, reelected in 2001 and 2005. She worked to protect community values, public health and safety and environmentally sensitive resources, especially Lake Whatcom. She championed transportation alternatives that reduced car trips. She cochaired the Northsound Connecting Communities Project to promote regional transportation choices. AB18673 (Resolution 2009-39) Approved 7-0

266. Update parks and recreation fees for facilities? The last fee update was approved at the 9/11/06 meeting, vote number 219. The new fees for park buildings and outdoor structures, Maritime Amphitheater, picnic shelters, Civic Stadium and Joe Martin Field will be effective on 1/1/10. The rate charged for commercial usage of city owned facilities is double the rate for nonprofit organizations. It is estimated that the fee increase will generate approximately $25,000 in additional revenue. AB18678 (Resolution 2009-40) Approved 7-0

267. Update the fire department’s fee schedule for permits, plan reviews and inspections? The last two fee schedule updates were approved at the 6/13/05 meeting, vote number 121 and the 12/8/03 meeting, vote number 205. Fees are charged individuals and businesses receiving construction permits, plan reviews and fire inspection services. The effective date of the new fee schedule is 1/1/10. AB18683 (Resolution 2009-41) Approved 7-0

268. Update the fire department’s fee schedule for hazardous materials? The last fee schedule update was approved at the 9/26/05 meeting, vote number 203. Review and inspection fees are charged for installation, removal and use of hazardous/combustible materials storage devices and pipelines, and sale or public display of fireworks; also for operation/use of non-religious places of public assembly. The fees are updated to reflect the actual costs of providing the services. The effective date of the new fee schedule is 1/1/10. AB18684 (Resolution 2009-42) Approved 7-0

269. Receive and spend a federal grant of $139,762 for washing machines? The U.S. Department of Homeland Security funds will go to the fire department to purchase and install washing/extractor machines for six fire stations. The federal share is 80 percent of the approved amount and the city’s share is 20 percent. AB18668 (Ordinance 2009-12-76) Approved 7-0

Editor’s Note: The first two votes are regarding the purchase of property to create a trail corridor to a neighborhood park located on the southwest corner of W. Maplewood Avenue and McLeod Road. Together with the Laurelwood Trail and neighborhood streets, the new trail from Cherrywood to McLeod will form a walking loop for neighborhood residents and visitors. The 5.5-acre neighborhood park (approved at the 6/23/08 meeting, vote number 175) includes ponds and a segment of rerouted Little Squalicum Creek. The new acquisitions provide the park with a new pedestrian entrance from the west, an alternative to W. Maplewood. The only improvements identified for the two parcels are trail and wildlife habitat elements.

Shall the council:

270. Spend $45,000 to purchase an approximately .38 acre parcel in the Birchwood neighborhood? The purchase will be financed by the Greenway III property tax levy. (Discussed in Executive Session) Approved 6-0, Jack Weiss excused.

271. Spend $60,000 to purchase an approximately .4 acre parcel in the Birchwood neighborhood? ? The purchase will be financed by the Greenway III property tax levy. (Discussed in Executive Session) Approved 6-0, Jack Weiss excused.

272. Authorize the mayor to sign an agreement with the Port of Bellingham withdrawing and dismissing various permit applications, SEPA notices and documents and the city’s lawsuit relating to the port’s proposed demolition of structures on the former G-P site? The intent of this agreement is to return the parties to the positions they were in prior to the port’s submission of the demolition permit. This agreement restarts the process of environmental review toward redeveloping the G-P site. The Port of Bellingham Commission approved the agreement at the 12/15/09 meeting, vote number 188. (Discussed in Executive Session) Approved 6-0, Jack Weiss excused.

273. Approve the master site plan for the Fairhaven rose garden and caretaker’s house? In September 2008, the city granted the nonprofit Center for Local Self-Reliance permission to use the rose garden and caretaker’s house for community benefit. The project involves restoring the building, adding new gardens, trails and fencing, building greenhouses and sheds, improving parking, etc. There will be a demonstration garden for raising food and the house will be used to teach techniques of storing food. A master site plan is required before permits can be obtained. (AB18703) Approved 6-0, Jack Weiss excused.

274. Appropriate $2,853,099 for goods and services checks issued from November 20 through December 4, 2009? (AB18715) Approved 6-0, Jack Weiss excused.

275. Honor Councilwoman Louise Bjornson for her service to the citizens of Bellingham? After serving for five years on the Planning Commission, Ms. Bjornson was elected the at-large representative in 1987. She was re-elected 11 times becoming the longest serving member of the City Council. She has worked for protection of Lake Whatcom, wildlife and salmon habitat, for safe neighborhoods and neighborhood schools and for transportation options for seniors. As a member of the WTA board, she worked for more Sunday and evening bus service. She played an active role in all three Greenways initiatives, helped spearhead the curbside recycling program and received state awards for citizen participation on the Visions Steering Committee. AB18701 (Resolution 2009-43) Approved 6-0, Jack Weiss excused.

276. Segregate a portion of the Telegraph Road local improvement district (LID) assessment for the Emerald Cottages plat? LIDs are special assessment areas that assist property owners in funding improvements. With the sale of an LID assessment, the amount still owed must be divided to include the new property owners. A 10,400 square foot portion of the Telegraph Road LID has been sold to Emerald Cottages and will be attached to their adjacent parcel; the outstanding balance on the purchased property will be transferred to Emerald Cottages. AB18705 (Resolution 2009-44) Approved 6-0, Jack Weiss excused.

277. Declare the Chuckanut Drive slide an emergency? An emergency declaration exempts the city from the bid process and allows payment. On 11/26/09, rocks, mud and debris slid down the hillside and blocked Chuckanut Drive north of Spokane Street. As the state had already hired Scarsella Brothers of Kent to repair another Chuckanut Drive slide that occurred on 11/23 outside the city limits, the $90,000 job of clearing the blockage and stabilizing the slope was awarded to them. AB18706 (Resolution 2009-45) Approved 6-0, Jack Weiss excused.

278. Grant final plat approval for Phase 2A of the Birch Street plat in the Whatcom Falls neighborhood? Phase 2A consists of nine single-family lots and a public open tract. The 172 lot single-family development received preliminary plat approval at the 11/15/99 meeting, vote number 45. The development couldn’t proceed until a traffic signal1 was installed at the intersection of Birch and Lakeway. Phase 1 (36 lots) received final plat approval at the 6/27/05 meeting, vote number 133. Phase 1A (seven lots) received final plat approval at the 2/25/08 meeting, vote number 43. AB18712 (Resolution 2009-46) Approved 6-0, Jack Weiss excused.

279. Authorize the mayor to create a new bank account for the Whatcom Medic One fund? To create the account, the mayor will sign a depository services resolution for governmental entities with U.S. Bank. AB18714 (Resolution 2009-47) Approved 6-0, Jack Weiss excused.

280. Approve the 2009 Shoreline Master Program at the local level? (Final public hearing held at 11/23 meeting.) Over the last two years there have been three public hearings and nine work sessions on the Shoreline Master Program which applies to both The Waterfront District and Lake Whatcom. Before sending the program to the state for review, staff will fix some incorrect references and add some references including the Roeder Avenue mudflats and C Street pocket beaches. Council requested additional references including artworks and reuse of historic buildings. Once the state approves the program, the current program will be repealed and the new program adopted. AB18524 (Ordinance 2009-12-78) Amended and approved 6-0, Jack Weiss excused.

281. Rezone approximately 35 acres in the Cordata Business Park area? (Public hearing held at 11/9 meeting) Rock Development, on behalf of the property owner, is requesting land use classification change from industrial to mixed use. The property is located east of Cordata Parkway on Stuart Road with about five acres south of the road and the rest to the north. It is predominantly pasture and contains nine acres of wetlands. In the northern section, a tributary to Baker Creek should be protected. A 10-year development agreement between the city and Cordata Investments has been signed (7/27/09 meeting, vote number 155) which sets forth terms and guidelines for development in the area and guarantees the inclusion of parks, trails and open public spaces. The council requested that the possibility of including affordable housing in the area be investigated. AB18642 (Ordinance 2009-12-79) Approved 6-0, Jack Weiss excused.

282. Amend the South Hill neighborhood plan? (Public hearing held at 11/9 meeting) A new paragraph concerning trees and view preservation, will be added to the “neighborhood character” section of the plan. This ordinance will be added to the Comprehensive Plan amendments to be passed at the end of the year. AB18641 (Ordinance 2009-12-80) Approved 6-0, Jack Weiss excused.

283. Amend the Birchwood neighborhood plan? (Public hearing held at 9/14 meeting) Outdated text will be removed from the 1980 version; some new text and updated information will be added. AB18572 (Ordinance 2009-12-81) Approved 6-0, Jack Weiss excused.

284. Update the urban village policies and map in the land use chapter of the Bellingham Comprehensive Plan? (Public hearing held at 8/24 meeting) This ordinance concerns several minor amendments suggested by the Planning Commission. Included are minor text revisions or updates and the added policy to encourage energy efficiency and sustainability by using a tool such as LEED. Also “urban village” is defined as a land use designation. The 2004 urban village map has also been updated and new neighborhood centers added. (AB18563) (Ordinance 2009-12-82) Approved 6-0, Jack Weiss excused.

285. Update the Bellingham Public School section of the Comprehensive Plan capital facilities chapter? (Public hearing held at 10/19 meeting) Minor text revisions and an added reference to the Bellingham School District’s new six-year capital facilities plan are required. The school impact fee ordinance must also be revised. AB18624 (Ordinance 2009-12-83) Approved 6-0, Jack Weiss excused.

286. Update the Meridian Public School section of the Comprehensive Plan capital facilities chapter? (Public hearing held at 10/19 meeting) Minor revisions and updates to the text will be made, plus a reference to the Meridian School District’s new six-year capital facilities plan will be added. AB18625 (Ordinance 2009-12-84) Approved 6-0, Jack Weiss excused.

287. Adopt the 2010 annual budget? (Public hearing held at 11/23 meeting) The year 2010 begins with reserves of $79,870,099, anticipated revenue of $179,932,517, expenses of $187,805,966 and ending reserves of $71,996,650. The 2010 budget is available at the office of the city finance director and online at www.cob.org/documents/finance/budget/2010-preliminary-budget.pdf. AB18622 (Ordinance 2009-12-85) Approved 6-0, Jack Weiss excused.

288. Update the school impact fees? The city has been collecting school impact fees, which are imposed upon new residential development, since 1999. The city collects school impact fees and transfers them with interest to the Bellingham School District. Because of increased population projections, the Bellingham School District has prepared a new capital facilities plan for 2010-15, which will become part of the city’s Comprehensive Plan. Accordingly, the school impact fee ordinance must now be updated as well. At first and second readings it was approved 6-1, Jack Weiss opposed. AB18680 (Ordinance 2009-12-86) Approved 6-0, Jack Weiss excused.

289. Accept and spend a $10,200 state grant for night time DUI patrols? The Washington Traffic Safety Commission grant is to be used to pay overtime for “Drive Hammered Get Nailed” patrols (between 1600 and 0600 hours) from 11/19/09–12/31/09, 3/11–21/10, 6/24–30/10, 7/1-5/10 and 8/12–9/6/10. The performance standard is a minimum of three vehicle stops per hour with ticket, unless circumstances dictate otherwise. AB18691 (Ordinance 2009-12-87) Approved 6-0, Jack Weiss excused.

290. Close Debt Service Fund (233)? This account was created in 1989 for repaying a public works state loan that funded the Woburn Street project. The loan has now been repaid and the debt service fund account is no longer needed. AB18692 (Ordinance 2009-12-88) Approved 6-0, Jack Weiss excused.

291. Close Construction Fund (341)? To keep accounting straight for the Civic Field improvement project, a special fund was created at the 11/24/03 meeting, vote number 195. All Civic Field/Joe Martin Field construction has been completed. AB18693 (Ordinance 2009-12-89) Approved 6-0, Jack Weiss excused.

292. Close Special Revenue Fund (112)? All projects using the arterial street construction fund have been completed. AB18694 (Ordinance 2009-12-90) Approved 6-0, Jack Weiss excused.

293. Close Debt Service Fund (234)? This account was created to manage a 20-year $1,133,082 state loan. The loan funded 4,300 linear feet of road, utilities and sidewalks in the Bellingham Research Park. The project is complete and the loan has now been repaid. AB18695 (Ordinance 2009-12-91) Approved 6-0, Jack Weiss excused.

294. Close Assessment Debt Fund (271)? This account was created in 1997 to handle debt repayment for the Telegraph Road sewer local improvement district (LID) and the Barkley Boulevard phase 2 LID. Improvements have been completed and debt has been repaid. The remaining balance in the fund will be transferred to the local LID fund. AB18696 (Ordinance 2009-12-92) Approved 6-0, Jack Weiss excused.

295. Close Assessment Debt Fund (264)? This account was created in 1994 to make payments on debts incurred with the Barkley Boulevard local improvement district (LID) project. Improvements have been completed and debt has been repaid. The remaining balance in the fund will be transferred to the LID guaranty fund. AB18697 (Ordinance 2009-12-93) Approved 6-0, Jack Weiss excused.

¹For City Council votes on instillation of the traffic signal and property acquisition for the signal see: 7/29/02 meeting, vote number 134; 4/14/03 meeting, vote 51; 11/3/03 meeting, vote 183; 11/24/03 meeting, vote 200; 6/7/04 meeting, vote 106; and 7/12/04 meeting, vote 136.

Shall the council:

1. Designate the City Council president to serve as mayor pro tempore in the absence of the mayor and the mayor pro tempore? AB18716 (Resolution 2010-01) Approved 7-0