Bellingham City Council

Action Taken at June 9, 2014 Meeting

Shall the council:

104. Authorize the mayor to sign a $899,553 contract with Moose Boats of Petaluma, California to build a firefighting boat? In 2014, the city will pay $293,072 prior to construction, with final payments to be made in 2015. The Washington State use tax of $78,261 will be paid separately by the city. On 7/7/2015, the vessel will be trucked to Bellingham by the builder and placed in the water. The city will accept the vessel after testing and any necessary corrective action. (AB20441) Approved 7-0

105. Approve an agreement with the Port of Bellingham to provide $125,000 for the purchase of a firefighting boat? At the 10/28/2013 meeting, vote #232, the council authorized the mayor to accept a $750,000 federal grant for the purchase of a firefighting vessel. The U.S. Department of Homeland Security grant requires $250,000 in local matching funds. The Port of Bellingham has agreed to pay one-half of the required matching funds ($125,000) and will provide moorage for the vessel. The city is responsible for the remaining $125,000. (AB20442) Approved 7-0

106. Authorize the mayor to award the low bid of $2,497,941 to Ram Construction of Bellingham to replace two railroad bridges on James Street? This project consists of replacing two timber stringer bridges with one single span concrete bridge. The new two-lane structure and roadway approaches will be constructed to arterial standards with bicycle lanes and sidewalks and a parking lot at Sunset Pond Park. The project is located on James Street between Orchard Drive and Sunset Pond Park. The engineers estimate was $3,599,291. There were 125 bid solicitations viewed and three bids were received. (AB20445) Approved 7-0

107. Authorize the mayor to award the low bid of $338,481 to Faber Construction of Lynden to replace the Whatcom Creek Trail bridge? A fi re on Friday, November 23, 2012, damaged the bridge crossing Whatcom Creek between York and Ellis streets beyond repair. Work includes demolishing and removing the existing trestle and creosote-treated pilings and installing a steel bridge along with associated trail repairs and site work. There were 134 bid solicitations viewed and three bids were received. (AB20450) Approved 7-0

108. Authorize the mayor to award the low bid of $347,310 to Faber Construction of Lynden for Phase 3 of the Cordata Park development? Work includes clearing and grading to maximize the useable park space and to prepare the land for future development of a neighborhood park. Work also includes construction of a loop trail and installation park benches and tables. Construction is anticipated to begin in June and conclude by the end of 2014. There were 92 bid solicitations viewed and four bids were received. (AB20449) Approved 7-0

109. Direct the administration to draft a letter in coordination with council member Michael Lilliquist detailing the council’s ongoing concerns about the railroad siding issue in the city of Bellingham? Communitywise Bellingham presented findings from the recently released State Rail Plan Update that validate previous city actions and provide additional insight into the Bellingham siding issue. (AB20452) Approved 7-0

110. Authorize the mayor to sign the memorandum of understanding with the Bellingham Public Development Authority for the Army Street Development Plan? At the 5/5/2008 meeting, vote #136, the council created the Bellingham Public Development Authority to manage property redevelopment, the waterfront, central business district, the Old Town neighborhood and other redevelopment projects as directed by the City Council. The memorandum elements are as follows: (1) incorporate the work plan previously presented by the development authority for phase 1 work of the Army Street project; (2) report to council any information from due diligence work that has any bearing, positive or negative, on the feasibility of the Army Street property project; and (3) have non-city property owners sign a binding, final statement of approval regarding Phase 1 work. (AB20454) Approved 7-0

111. Spend $37,500 to purchase of 4.45 acres in the Lake Whatcom watershed? The property is being purchased from the Trillium Corporation by the Lake Whatcom Watershed Property Acquisition Program. This is unimproved land, with no street address. The land parcels are located northwest of the Sudden Valley area, off Lake Louise Road, adjacent to property already owned by the city of Bellingham. (Discussed in Executive Session) Approved 7-0

112. Spend $249,500 to purchase 7.6 acres in the Lake Whatcom watershed? The property is being purchased from the Mullen Family Trust by Lake Whatcom Watershed Property Acquisition Program. This is unimproved land, with no street address. The land parcels are located northwest of the Sudden Valley area, off Lake Louise Road, adjacent to property already owned by the city of Bellingham. (Discussed in Executive Session) Approved 7-0

113. Spend $246,900 to purchase property located at 3700 James Street? The property is being purchased from Ronald N. Smith for the eventual improvement of James Street. The street fund is paying for this property. It is being purchased because the very short, steep driveway and location of the house (particularly the garage) would make any roadwork, utility work, or road widening on James Street difficult. The street project will be several years in the future. (Discussed in Executive Session) Approved 7-0

114. Appropriate $2,719,358 for payroll checks issued from May 11 through May 23, 2014? (AB20458) Approved 7-0

115. Appropriate $3,265846 for goods and services checks issued May 9 through May 29, 2014? (AB20459/20460/20461) Approved 7-0

116. Commemorate the 15th anniversary of the Whatcom Creek pipeline explosion? On June 10th, 1999, a pipeline explosion in Whatcom Falls Park tragically took the lives of three young people and destroyed 26 acres of parkland. While strides have been made in legislation that helps make these types of accidents preventable, our community still mourns this tragic day and the lives lost. AB20439 (Resolution 2014-22) Approved 7-0

117. Grant final plat approval for The Halice Court? The plat consists of appoximately 5.5 acres located at 629 E. Bakerview Road. The 20 single-family lots are east of Deemer Road on the south side of E. Bakerview Road. Approximately one-third of the property is wetlands, buffers and other critical areas. The property is served by two newly dedicated rights of way, Kingston Street and Woodbury Way. Cammack Creek runs through the sourtheastern portion of the property. AB20457 (Resolution 2014-23) Approved 7-0

118. Authorize the acquisition of six ambulances? The fi re department is contracting with Braun Northwest of Chehalis for the construction of the ambulances. The city is borrowing $1 million from the state for 10 years. AB20422 (Ordinance 2014-06-027) Approved 6-1, Jack Weiss opposed.

119. Adopt amendments to the Bellingham Municipal Code requiring mandatory sewer service connections? Property owners have been require to convert from onsite septic to city sewer if and when a public sewer main is available to serve the property or pay a sewer-availability charge. These amendments are in accordance with state law requiring property owners that do not connect to pay a monthly penalty equal to the sewer charge. AB20419 (Ordinance 2014-06-028) Approved 7-0

120. Adopt the 2014 National Electric Code and to make other minor code amendments? State law requires cities which chose to have a local electric code enforcement program ensure that the program be at least equal to the state of Washington electric code enforcement program. The electric code was last updated at the 6/7/2010 meeting, vote #125. Other building codes were amended at the 6/3/2013 meeting, vote #114. This vote corrects some errors in that ordinance. AB20427 (Ordinance 2014-06-029) Approved 7-0

121. Reclassify one position in the Information Technology department? Effective 7/1/2014, an applications manager position will be created and the department manager 1 position will be deleted. This reclassification does not result in any cost increase. AB20420 (Ordinance 2014-06-030) Approved 7-0

Action Taken at June 23, 2014 Meeting

Shall the council

122. Authorize the mayor to sign an agreement with Whatcom County for the Senior Activity Center parking lot? The city of Bellingham approved an agreement with the county to help fund the parking spaces adjacent to the Senior Activity Center located at 315 Halleck Street. The county recently renegotiated a new long term lease for parking, and the terms of the lease call for an increase in monthly parking from $14.42 to $30 per month per stall. The city will provide $14,000 annually to assist with parking lot payments. This agreement will commence on 7/1/2014 and be automatically renewed yearly until terminated by one of the parties. (AB 20467) Approved 6-0, Gene Knutson excused.

123. Approve the scope and schedule for the 2016 Comprehensive Plan update? The state Growth Management Act (GMA) requires cities and counties to have a comprehensive plan and to update their plans periodically. Bellingham’s next comprehensive plan update must be completed and adopted by 7/1/2016. Additionally, the GMA requires that the city offer the opportunity for “early and continuous” public participation in the update process. (AB 20470) Approved 6-0, Gene Knutson excused.

124. Authorize the mayor to sign a contract with Sharon Rice for temporary hearing examiner services? The Bellingham Hearing Examiner, Dawn Sturwold, retired on 6/30/2014. The city is in the process of hiring a new hearing examiner; however, the city anticipates a gap in hearing examiner coverage between June 30 and when a new hearing examiner is hired. Sharon Rice currently provides hearing examiner services for eight cities and three counties in the state. (AB 20474) Approved 6-0, Gene Knutson excused.

125. Appropriate $2,870,482 for payroll checks issued from May 24 through June 10, 2014? (AB 20478) Approved 6-0, Gene Knutson excused.

126. Appropriate $3,839485 for goods and services checks issued from May 30 through June 12, 2014? (AB20479/20480) Approved 6-0, Gene Knutson excused.

127. Commend Dawn Sturwold for her service to the city of Bellingham? Dawn Sturwold was initially an assistant city attorney, then the city attorney and on 1/12/2000, she was confirmed as Bellingham’s first and so far only hearing examiner. She retired as hearing examiner on 6/30/2014. This resolution extends the council’s gratitude to her for 30 years of service to the city of Bellingham. AB 20462 (Resolution 2014-24) Approved 6-0, Gene Knutson excused.

128. Adopt City Council rules of procedure and guidelines for public comment and public hearings? The proposed rules adopt Roberts Rules of Order with several modifications and clarifications to be consistent with the City Charter and past council practice and include that election of officers and appointment of committees will occur annually. The proposed guidelines are modified slightly from those previously adopted by council and are written to apply to public hearings in addition to the public comment period. AB 20473 (Resolution #2014-25) Approved 6-0, Gene Knutson excused.

129. Adopt the annual six-year (2015-2020) transportation improvement program? (Public hearing held on June 9.) State law requires cities to update their six-year transportation program by July 1 of each year. The program provides a list of capital improvement projects and establishes the city’s eligibility for state and federal funds. The council defeated two amendments to the program. AB 20440 (Resolution 2014-26) Approved 5-1, Jack Weiss opposed, Gene Knutson excused.

130. Repeal the B&O tax exemption for nonprofit religious health care providers and adopt certain healthcare- specific deductions and exemptions contained in the state tax code? Repealing the Washington State Business and Occupation tax exemption may result in an increase in general fund revenue of up to $1,200,000 annually, and will promote fairness and equity among medical and other healthcare facilities engaging in business activities within the city. This ordinance shall take effect 1/1/2015. AB 20388 (Ordinance 2014-06-031) Approved 4-2, Cathy Lehman and Roxanne Murphy opposed, Gene Knutson excused.

131. Increase revenue and expenditures to purchase a firefighting boat? The 2014 budget will increase revenue by $875,000 as a result of federal grant and a contribution from the Port of Bellingham, and appropriate a related expenditure of $1,000,000 for the purchase of a firefighting boat with $125,000 taken from the general fund. AB20443 (Ordinance 2015-06-032) Approved 6-0, Gene Knutson excused.

132. Amend the Bellingham Municipal Code regarding latecomer agreements for street and utility system improvements? The Washington State Legislature amended requirements that will improve the administration, consistency and interpretability of the city’s latecomer code provisions, applicable in circumstances where a developer uses private funds to construct public street and/or utility system improvements and desires to be partially reimbursed by property owners who subsequently connect to or use the improvements. AB20444 (Ordinance 2015-06-033) Approved 6-0, Gene Knutson excused.

133. Establish a biennial budget for the city of Bellingham? The biennial budget will begin on 1/1/2015 for the 2015–2016 biennium. The city believes the reduced time to produce a second budget will result in cost savings. AB20446 (Ordinance 2015-06-034) Approved 6-0, Gene Knutson excused.

134. Appropriate $35,000 from the library gift fund? The fund (donations from organizations and individuals) will be used for the purchase of books, supplies and minor equipment. AB20447 (Ordinance 2015-06-035) Approved 6-0, Gene Knutson excused.

135. Extend emergency interim zoning related to the cultivation of medical marijuana for personal use and in collective gardens? At the 7/1/2013 meeting, vote #142, the City Council adopted an emergency ordinance and interim zoning regarding land use regulations related to the cultivation of medical marijuana for personal use and in collective gardens. Due to conflicting regulations between medical and recreational marijuana, the possibility of near future legislative action, as well as a recent decision on medical marijuana from the Court of Appeals, emergency interim regulations are extended for six months. AB 20475 (Emergency Ordinance 2014- 06-036) Approved 6-0, Gene Knutson excused.