Bellingham City Council

Shall the council:

18. Authorize the mayor to direct legal staff to intervene in the appeals that challenge the city of Bellingham’s Urban Growth Area boundary? Recent appeals have been filed with the Western Washington Growth Management Hearings Board challenging Whatcom County Ordinance 2009-71 (passed at the 11/24/09 meeting, vote number 263) which established new Urban Growth Area boundaries within the county. (Discussed in Executive Session) Approved 7-0

19. Continue consideration of the south area Greenway strategic plan for land acquisitions to 4/12/10? At the 1/12/09 meeting, vote number 1, council approved the strategic plan for buying land on the north side and Whatcom Creek areas, but tabled the south side part of the plan until after the draft environmental impact statement was available for the Fairhaven Highlands project. The DEIS for that project was published on 9/28/09. Consideration of the south side plan was postponed again at the 11/23/09 meeting. The plan, developed by parks and recreation with the Greenway Advisory Committee and extensive public input, was first presented to council in October 2008. It provides only geographical guidance for the use of the levy funds. Each property purchase must still be separately approved. (AB18626) Approved 7-0

20. Authorize the mayor to sign a development agreement with Daniel S. Parcher in conjunction with his request for a rezone and land use permits? (Public hearings held on 1/25 and 2/8) Mr. Parcher wishes to develop his property which is located at 1906 Wilson Avenue, near Padden Creek, on the South side of Wilson, between 19th and 20th, with Old Fairhaven Pkwy running behind it. The rezone would maintain the existing single family zoning with no more than 12 homes, but would allow the buildings to be clustered on smaller lots in order to preserve an open space corridor on the south side of the property for wetland mitigation, storm and floodwater management and daylighting Padden Creek on the southeast. The agreement will establish development standards and other requirements for the project. (AB18727) Approved 7-0

21. Authorize the mayor to execute an agreement with Whatcom County for Lake Whatcom tributary monitoring? For several years the costs of monitoring streams flowing into the lake has been shared by the city, the county, and the Lake Whatcom Water and Sewer District. Monitoring provides valuable information needed to detect water quality and quantity, assess problems, select actions to be taken and monitor the results. The new agreement also provides for storm event data collection. The County Council selected Brown and Caldwell Consultants at the 11/10/09 meeting, vote number 244, to do the monitoring. This agreement expires in May 2012. The city has budgeted $157,281 to reimburse the county for 45 percent of the costs during the term of the contract. (AB18747) Approved 7-0

22. Authorize the mayor to sign an agreement with the Bellingham Public Development Authority for management of the Federal Building? The City Council approved the acquisition of the Federal Building at the 3/15/04 meeting, vote number 51, for $1. Located at the corner of Cornwall and Magnolia, the building was constructed in 1912 and has been placed on the National Register of Historic Buildings. At the 7/12/04 meeting, vote number 147, the city accepted a federal grant of $2.6 million for renovations, which have been completed. In return for managing the building, the development authority will locate its offices there and will receive 3 percent of the gross income generated from rentals. The term of this agreement is five years with five year extensions by mutual agreement of the parties. (AB18748) Approved 7-0

23. Transfer the “Army Street property” to the Bellingham Public Development Authority for planning and future redevelopment? The property, located on the south side Holly Street between Bay and Champion streets, will be conveyed by a Quit Claim Deed. No money will change hands, the development authority will manage and maintain the property until such time as it is to be developed. The Old Town plan permits mixed use development and the development authority will determine development criteria for the site which is consistent with the plan. The property may not be re-transferred or developed without City Council approval. (AB18749) Approved 7-0

24. Transfer the “R.G. Haley property” to the Bellingham Public Development Authority for planning and future redevelopment? At the 9/14/09 meeting, vote number 193, the City Council authorized the mayor to purchase the R.G. Haley property for $1. This property is located in The Waterfront District, (the Cornwall Beach area). The property is a Model Toxic Control Act cleanup site. Cleanup costs are estimated at between $3 million and $9 million and the task of decontamination will still be up to the city. Current planning for the site is to redevelop all or part of it into a public park or open space. The development authority will study the site, recommend the most desirable scenarios, plan for future management and help locate funding sources. The property will be conveyed by Statutory Warranty Deed without monetary consideration. Any development or re-transfer will require City Council approval. (AB18750 )Approved 7-0

25. Request that the council president send a letter in support of HB 3177 to the State Legislature? Washington State House Bill 3177 places a surcharge of $62 on documents filed with the county auditor concerning assignments or substitutions of previously recorded deeds of trust. The resulting funds will be deposited in the Washington Housing Trust Fund account. The bill also permits the state to raise money for the Housing Trust Fund program by issuing state bonds. (New Business) Approved 7-0

26. Declare as surplus a manufactured house at 301 Van Wyck Road? The estimated surplus value of the 2001 triple-wide manufactured house is $20,000. The house sits on property that was purchased by the city at the 11/9/09 meeting, vote number 228, for a future park. Money from the sale of the house will be returned to the Greenway levy fund. (AB18760) Approved 7-0

27. Appropriate $2,319,368 for goods and services checks and issued from January 15, through January 29, 2010? (AB18762/18763) Approved 7-0

28. Appropriate $2,458,726 for payroll checks and issued from January 1 through January 15, 2010? (AB18764) Approved 7-0

29. Support a ballot measure increasing the sales tax to maintain public transit service? (Public hearing held) Sales tax provides 90 percent of Whatcom Transportation Authority funding, but county-wide sales are down because of the economic recession. The ballot measure, Proposition 1, which will appear on the 4/27/10 ballot, will ask the voters to approve a two-tenths of 1 percent increase in the county sales tax to maintain the current level of transit service. The alternative to the tax increase is a 14 percent reduction in bus service. If passed, the sales tax increase will become effective on 1/1/11. AB18742 (Resolution 2010-03) Approved 7-0

30. Relaunch a city employee wellness program? The city eliminated a previous employee wellness program due to changing from self-insured medical to an insurance plan in 2002 and city budget reductions in 2009. Now the city has a chance to reduce employee benefit costs by supporting workplace health promotion activities aimed at preventing illness and injury and promoting morale through the Association of Washington Cities WellCity Award program. If the city qualifies for the award, it will provide a 2 percent reduction on Regence BlueShield/Asuris Northwest Health medical premiums for employees and spouses starting in 2012. AB18744 (Resolution 2010-04) Approved 7-0

31. Oppose further changes in Bellingham’s Urban Growth Area boundary? The city and county adopted the city’s UGA boundaries in 2009 (except for moving the part of Yew Street which lies in the Lake Padden watershed into UGA reserve), and agreed to review the boundaries again as part of the 2011 comprehensive plan update. Whatcom County has a compliance hearing before the Western Washington Growth Management Hearings Board in March which the county has asked to delay in order to explore a possible settlement of the Growth Board appeal. The city recommends that the county reject any settlement that requires changing the city’s UGA boundary in 2010. AB18752 (Resolution 2010-05) Approved 7-0

32. Increase the user fee at the Clean Green yard waste facility? The City Council adopted a transfer station fee of $2 per load at the 2/7/05 meeting, vote number 29. The dumping fee will increase from $2 per load to $4 a load for each vehicle or trailer containing yard waste. A trailer will be charged as a separate load from the vehicle, if there is yard waste in both. The rate increase goes into effect on 3/1/10. AB18759 (Resolution 2010-06) Approved 7-0

33. Accept a federal grant for $1,600,000? The money is to be spent to resurface Bakerview Road between Deemer and Hannegan, and Hannegan Road between Bakerview and Sunset Drive. Grant funding comes from the American Recovery and Reinvestment Act. The work is to take place this spring. AB18730 (Ordinance 2010-02-07) Approved 7-0

34. Reclassify a parking services position from “security information attendant” to “custodial maintenance worker 1?” The position of security attendant is vacant, custodial work is needed and a custodian presence enhances security. The salary will stay the same. Reclassifying this position will also allow the city to cross-train job duties and work schedules with the 11 custodial workers employed at other city facilities. AB18735 (Ordinance 2010-02-08) Approved 7-0

Shall the council:

35. Authorize the hiring of outside counsel to assist in representing the city in the case of Haykin v. City of Bellingham? Outside counsel is being hired because of the heavy work load in the legal department. On May 20, 2008, Maia Haykin was struck and killed by a train while crossing the railroad tracks at the north end of Boulevard Park. Her husband Richard Haykin contends that the accident was a result of the city’s failure to install proper safety measures. (Discussed in Executive Session) Approved 7-0

36. Authorize the hiring of outside counsel to assist in representing the city in the case of Caldwell v. City of Bellingham? Outside counsel is being hired because of the heavy work load in the legal department. On 8/6/08, a funeral was held for Sherri Caldwell’s daughter Christina Lange. Immediately after the funeral, several Bellingham police officers attempted to removed Christina’s nine-year-old son from the custody of his maternal grandmother, Sherri Caldwell and deliver the boy to the custody of his paternal grandmother and uncle. Initially, Sherri Caldwell refused to turn over the boy and a melee ensued. Sherri Caldwell claims to have been manhandled by the police. The police removed the boy from Ms. Caldwell’s custody and delivered him to his paternal grandmother and uncle. Three weeks later, Sherri Caldwell was awarded temporary custody of her grandson and permanent custody on 3/13/09. Sherri Caldwell claims the city of Bellingham violated her and her grandson’s constitutional rights under the Fourth and Fourteenth amendments to the U.S. Constitution. (Discussed in Executive Session) Approved 7-0

37. Authorize the mayor to award the low bid of $1,158,977 to Interwest Construction of Burlington for the West Illinois Street/Timpson Way extension project? The project will remove contaminated soils and extend West Illinois to Marine Drive via the Timpson Way right-of-way. It involves improvements to the existing streets as well as construction of a new roadway providing access to the Bellingham Technical College and Morse Steel from Marine Drive. The project includes retaining walls, stormwater management and treatment facilities, bike lanes, sidewalks, illumination and trees. The city has coordinated efforts with the county and the state, conducted environmental studies of the site and obtained all necessary permits. One hundred thirty-five bids were solicited and eight bids were received. (AB18768) Approved 7-0

38. Authorize the mayor to award the low bid of $565,270 to Razz Construction of Bellingham for Phase 1 of the Cordata Park trails project? The first phase of Cordata Park development will provide almost 3,000 feet of trail through the park site and will connect Cordata Parkway with the west end of Horton Road. The project includes a six-foot-wide limestone trail, two steel pedestrian bridges and wetlands mitigation planting. The city estimated the cost at $1,016,174. Two hundred ten bids were solicited and nine bids were received. (AB18769) Approved 7-0

39. Appropriate $2,585,700 for goods and services checks and issued from January 29, through February 12, 2010? (AB18780/18781) Approved 7-0

40. Appropriate $2,474,697 for payroll and related checks and issued from January 16 through January 31, 2010? (AB18782) Approved 7-0

41. Proclaim the month of March as Women’s History Month and March 8th as International Women’s Day? Women’s History Month traces its beginnings to the first International Women’s Day in 1911. In 1981, the U.S. Congress passed a resolution recognizing Women’s History Week and in 1987 expanded the focus to a whole month. The first International Women’s Day was celebrated on 3/19/11 by over one million people in Austria, Denmark, Germany and Switzerland. In 1975, the United National General Assembly began sponsoring International Women’s Day. In 1977, the General Assembly adopted a resolution encouraging member states to observe a United Nations Day for women’s rights and international peace. AB18766 (Resolution 2010-07) Approved 7-0

42. Review the docket of proposed Comprehensive Plan amendments? (Public hearing held) Being placed on the docket assures that a project will eventually be reviewed by the city, although not necessarily during the same year it is docketed. There is currently a docket backlog. The following six proposals were submitted by the 12/1/09 deadline: proposal N1, update and revise the Puget neighborhood plan; proposal P1, rezone port property located at 2652 Harbor Loop Drive from “waterfront commercial” to “light industrial” and modify the Central Business District neighborhood plan permitting construction of a larger building on the site; proposal P2, rezone area 13 in the new King Mountain neighborhood from “residential multi” to “mixed-use/urban village to permit the construction of an urban village; proposal P4, rezone and change a land use designation in area 1C from “institutional/residential multi” to “institutional” for property located immediately west of the WWU physical plant. Approved 7-0. Proposal P3, rezone a small triangle of land off Sunset on Idell Drive in the Mount Baker neighborhood, from “Planned Industrial” to “Planned Residential Mixed.” Approved 5-2, Michael Lilliquist and Jack Weiss opposed. Proposal P5, change area 23 land use and zoning for property located north of Bakerview, east of I-5, in the Guide Meridian/Cordata neighborhood from “planned industrial” to “planned commercial/industrial.” Approved 6-1, Michael Lilliquist opposed. AB18767 (Resolution 2010-08)

43. Support the Clean Water Act of 2010? The bills HB 3181/SB 6851 will raise the hazardous substance tax under the Model Toxics Control Act which is levied on stormwater pollutants such as petroleum, pesticides and other toxics. The bills will increase the tax from 0.7 percent to 2 percent and are expected to generate an additional $225 million per year which would be allocated to the state general fund to be spent on clean water projects. For the Whatcom County Council vote on this legislation, see the 2/9/10 meeting, vote number 29. New Business (Resolution 2010-09) Approved 7-0

44. Receive and spend a $348,882 federal grant on violence against women? The grant is a joint award to the city of Bellingham and the Domestic Violence and Sexual Assault Services of Whatcom County. The grant will allow the Bellingham police department and Sexual Assault Services will continue a program (previous grants and this grant total $890,254) to strengthen effective responses to violence against women. The program treats domestic violence, sexual assault, dating violence and stalking as serious violations of criminal law. AB18745 (Ordinance 2010-02-09) Approved 7-0

45. Repeal the ordinance establishing the Budget Advisory Committee? The City Council established the committee at the 3/14/05 meeting, vote number 58. The purpose of the committee was to inform the citizens of the city’s financial situation and solicit their help in developing a sustainable budgetary plan. The 15-member committee was established for a two-year period, 3/15/05 through 3/14/07. AB18755 (Ordinance 2010-02-10) Approved 7-0

46. Repeal obsolete laws concerning the licensing of live music and entertainment venues? In 1999, the U.S. District Court for Western Washington prohibited the enforcement of laws requiring businesses serving alcohol to obtain a live music or entertainment permit. Following this court decision in the case of Jersey’s All-American Sports Bar, Inc v. Washington State Liquor Control Board, the city stopped issuing licenses and charging fees for cabaret dancing. AB18756 (Ordinance 2010-02-11) Approved 7-0

47. Appropriate $40,000 to cover unemployment claims for the fourth quarter of 2009? Unemployment compensation claims are higher due to workforce reductions and extended benefits under the Worker, Homeowner and Business Assistance Act of 2009. AB18757 (Ordinance 2010-02-12) Approved 7-0

48. Accept and spend a $25,780 federal grant to create a pharmaceutical take-back program? The purpose of this two-year pilot program is to keep pharmaceutical wastes out of the sewage system by instituting a take-back program of unwanted and expired pharmaceuticals from customers at participating pharmacies. The program would not extend to controlled substances. AB18758 (Ordinance 2010-02-13) Approved 7-0

49. Reclassify a position in the planning department? The “planning GIS specialist” position now includes expanded responsibilities in developing and enforcing quality control requirements, more work integrating business systems, and leading technology projects for multiple agencies and departments. Human Resources recommends upgrading the position to “GIS analyst,” effective 1/1/10. The annual top difference in salary is $11,112. AB18761 (Ordinance 2010-02-14) Approved 7-0