Bellingham City Council

Shall the council:

234. Authorize the mayor to enter into a $100,000 settlement with Century Indemnity Company of Philadelphia, PA? This is the fourth settlement in the city’s continuing suit against the umbrella company Granite State Insurance Company for reimbursement of environmental cleanup costs at six locations and brings the settlement total to $1,200,000. The three previous settlements were approved at the 2/27/06 meeting, vote number 37; 4/2/06 meeting, vote number 96 and 7/10/06 meeting, vote number 158. Approved 6-0, Barbara Ryan excused.

235. Authorize the mayor to award the lowest responsive bids totaling $51,391 for water system fittings? National Waterworks of Bellingham was the lowest responsive bid at $13,530 for Lee Group fittings. H.B. Jaeger Company of Snohomish was the lowest responsive bid at $34,879 for Ford Group fittings. The bids don’t include sales tax. Nineteen bids were solicited and two were received. (AB17163) Approved 6-0, Barbara Ryan excused.

236. Authorize the mayor to award the lowest responsive bide of $58,320 to NC Machinery of Mount Vernon for an excavator? The excavator will replace a backhoe used by public works for the water system. Thirty-three bids were solicited and six were received. (AB 17164) Approved 6-0, Barbara Ryan excused.

237. Formally accept the petition to annex the San Juan Blvd./Yew Street Urban Growth Area into the city of Bellingham? At the 9/11/06 meeting, vote number 211, the council accepted the petition and directed staff to prepare a resolution. If the annexation is approved, the city will require simultaneous adoption of a comprehensive plan and zoning and development regulations consistent with the Comprehensive Plan and assume all the indebtedness. This resolution begins the annexation process. AB17157 (Resolution 2006-34) Approved 6-0, Barbara Ryan excused.

238. Formally accept the petition to annex the Aldrich Road/Horton Urban Growth Area into the city of Bellingham? At the 9/11/06 meeting, vote number 212, the council accepted the petition and directed staff to prepare a resolution. If the annexation is approved, the city will require simultaneous adoption of a comprehensive plan and zoning and development regulations consistent with the Comprehensive Plan and the area to assume all the city’s indebtedness. This resolution begins the annexation process. AB17158 (Resolution 2006-35) Approved 6-0, Barbara Ryan excused.

239. Appropriate $300,000 for waterfront redevelopment and preparation of the environmental impact statement? There are several capital projects that are the city’s responsibility under the city/port’s master planning process. In order to meet the tight schedules for these projects it is necessary to fill two positions in the public works department and set aside funds to hire engineering consultants to begin preparation work on the EIS. AB17124 (Ordinance 2006-09-95) Approved 6-0, Barbara Ryan excused.

240. Create a Greenway Advisory Committee? After passage of the 1990 and 1997 Greenway levies, advisory committees were created. The committee shall consist of 11 members appointed for three-year terms by the mayor and confirmed by the City Council. The committee shall exist as long as there are levy funds to be spent. AB17127 (Ordinance 2006-09-96) Approved 5-1, Terry Bornemann opposed and Barbara Ryan excused.

This special meeting was held with the Port of Bellingham Commissioners to discuss New Whatcom.

Shall the council:

241. Enter into an agreement with the Port of Bellingham under which the port agrees to become a “participating taxing district” under the state’s Local Infrastructure Financing Tool (LIFT) Act? LIFT allows taxing districts to pool “local property tax revenue” to pay for specific public improvement projects. Under this agreement, the port will contribute $140,000 annually to design, construct and maintain infrastructure in the New Whatcom special development area. The port’s annual allocation will be added to funds from the state excise tax ($1 million per year for 25 years); the city and port will to repay the bonds by dedicating 75 percent of their new property tax revenue. (AB17114C) Approved 7-0

242. Approve the New Whatcom draft framework plan brought before the Port of Bellingham Commission and the Bellingham City Council on September 26, 2006? At the presentation, the city and port were shown the plan’s draft and given a preliminary financial analysis. This makes the draft the basis for an environmental impact statement, which will be used to prepare a master plan and development agreement. The estimated cost of the EIS, master plan and development agreement will exceed $1 million. AB17165 (Resolution 2006-36) Approved 7-0

Shall the council:

243. Create a Waterfront Redevelopment Manager position? Currently the mayor, the chief administrative officer (Malcolm Fleming) and several department heads work on the project along with their other duties. The complexity and efforts involved with the project requires a full-time manager to work with the various agencies, governments, businesses, interest groups and the public as well as direct the use of the millions of dollars over many years. The cost of the position will be $22,104 for the rest of 2006 and $94,000 in 2007. AB17167 Approved 7-0

244. Authorize the mayor to sign an agreement with the Northwest Washington Incident Management Team to coordinate responses in five counties to major emergencies? The 48-member team consists of representatives from government entities in Island, Skagit, Snohomish, San Juan and Whatcom counties. It will function under state and federal guidelines for incidents such as terrorism, hazardous materials release, earthquakes, floods, train derailments, plane crashes, search and rescue operations, volcanic activity, weather incidents, dam failures, wild land fires and large, planned community events. (AB17169) Approved 7-0

245. Authorize the mayor to award the low bid of $116,530 to Screening Systems International of Slaughter, LA for a #2 Traveling Screen System? The system removes debris from Lake Whatcom water before it enters the treatment plant. The current system is over 75 years old and repairs are costing more than replacing it. Forty-four bids were solicited and two were received. (AB17175) Approved 7-0

246. Authorize the mayor to award lowest responsive bids totaling $51,663 for precast concrete products used in the water, sewer and storm drain systems? Lynden Precast of Lynden was the lowest responsive bidder at $43,105 for water meter boxes and Pacific Concrete of Bellingham was the lowest responsive bidder at $8,558 for vaults, catch basins, manholes, etc. Twenty-three bids were solicited and two were received. (AB17174) Approved 6-0, Barbara Ryan excused.

247. Appropriate $2,485,340 for city payroll checks issued from September 1 through 15, 2006? (AB17176) Approved 6-0, Barbara Ryan excused.

248. Appropriate $3,780,281 for goods and services checks issued from September 8 through September 22, 2006? (AB17177/17178) Approved 6-0, Barbara Ryan excused.

249. Urge the U.S. Congress to immediately end the Iraqi occupation and bring the troops home? Seventy-eight cities in the U.S. have passed similar resolutions. The advisory board of Troops Home!, comprised of U.S. Military veterans and parents of soldiers serving in Iraq, appealed to the council for a resolution urging the U.S. Congress to immediately plan, organize and rapidly withdraw all military personnel from Iraq. Further, the resolution stipulates that the U.S. should not sign any agreements which would lead to troops permanently stationed in Iraq, assist with reparations mandated under the Geneva Convention, redirect the money used in the war and occupation to address veterans’ needs and the social concerns for the nation’s less fortunate. AB17153B (Resolution 2006-37) Approved 6-1, Bob Ryan opposed.

250. Reclassify a permit clerk to a permit technician in the permit center? Permit technicians directly assist the public with permits for land-use, building, fire and public works based on their knowledge and customer service skills. This increases the 2006 budget by $2,228 and 2007 by $11,624. The reclassification becomes effective 10/9/06. AB17154 (Ordinance 2006-10-97) Approved 7-0

251. Reclassify a planner I to a permit technician in the permit center? Permit technicians directly assist the public with permits for land-use, building, fire and public works based on their knowledge and customer service skills. This reclassification has no impact on the 2006 budget; starting in 2007 it will be $56,752 a year. The reclassification becomes effective 10/1/06. AB17155 (Ordinance 2006-10-98) Approved 7-0

252. Appropriate a state grant of $272,500 for the continuing environmental assessment of Little Squalicum Park? The park is partially owned by the city and partially leased from Whatcom County. As per the lease, the city has been conducting an environmental assessment of the park that has resulted in the discovery of contamination, which has necessitated further investigation. The assessment and any clean up are required before the park can be developed. AB17156 (Ordinance 2006-10-99) Approved 7-0

Shall the council:

253. Purchase .77 of an acre from the McGraw Family Trust of Chula Vista, CA for $104,000? The property has two development units and fronts the unimproved E. Oregon Street right of way in the Silver Beach neighborhood. Approved 7-0

254. Purchase .19 of an acre from Nan H. Erwin and Elaine H. Sabol of Tacoma for $25,000? The property has one development unit and fronts the unimproved E. Oregon Street right of way in the Silver Beach neighborhood. Approved 7-0

255. Enter into an agreement with Whatcom County and the Lake Whatcom Water and Sewer District to monitor Lake Whatcom tributaries? The Lake Whatcom Comprehensive Stormwater Program, the state Department of Ecology and the WRIA 1 Watershed Planning Process have identified a gap in the data collected for water quality of tributaries and stream flow. This agreement will implement a more thorough investigation by increasing the sample collection frequency and focusing on phosphorus inputs into the lake. The agreement ends in April of 2009 and will cost the city $123,992. (AB17182) Approved 7-0

256. Appropriate $2,640,012 for city payroll checks issued from September 16 through 30, 2006? (AB17190) Approved 7-0

257. Appropriate $767,816 for goods and services checks issued from September 22 through September 29, 2006? (AB17191) Approved 7-0

258. Support the amendment to the Bellingham charter changing the finance director’s position from elected to appointed? The charter change will appear on the November 7, 2006 general election ballot. The changes will also require the finance director position to possess professional qualifications and knowledge about municipal financing. Currently, the position has no qualifications. AB AB17051C (Resolution 2006-38) Approved 4-2-1, Bob Ryan and Gene Knutson opposed and Terry Bornemann abstained.

259. Oppose Initiative 933? The initiative “Fairness in Government Regulation of Property” requires state and local governments to compensate landowners (back to 1996) when regulations lower(ed) property values or waive the regulations. City staff contends the initiative could result in increased taxes, incompatible development, litigation and confusion. The Association of Washington Cities estimates the compensation for all impacts between 1996-2006 could be $3.5 and $4.5 billion plus future statewide costs of $60-76 billion per year. AB17181 (Resolution 2006-39) Approved 6-1, Bob Ryan opposed.

260. Establish new electrical permit fee schedules? The new schedules reflect updated codes in AB17183 (see 10/23/06 meeting, vote number 274). Residential installation fees have been modified and simplified. Some fees may be slightly higher based on project complexity and size. AB17184 (Resolution 2006-40) Approved 7-0

261. Formally accept an annexation petition for 635 acres to be known as the East Bakerview/James Street Annexation? This annexation will expand the city borders north from McLeod Road to the Urban Growth Area boundary between Irongate Road and Landon Avenue. A notice of intention of annexation will be forwarded to the Boundary Review Board. AB17159B (Resolution 2006-41) Approved 7-0

262. Set November 15 as the public hearing date to consider vacating a portion of East Ivy Street? The Bellingham Hearing Examiner will consider a petition to relinquish public ownership of a portion of East Ivy Street between Mason and Liberty Streets. The property owner, James Brown, owns property on both sides of Ivy and is petitioning for the vacation. The owner will donate a portion of his property to the city for inclusion in Sehome Arboretum. AB17188 (Resolution 2006-42) Approved 7-0

263. Grant final plat approval for Division 2 of the Lazy E Ranch in the Samish neighborhood? The total plat is 59 lots on 16 acres. Division 1A consisting of 20 lots was approved at the 4/23/01 meeting, vote #61. Division 1B consisting of 19 lots was approved at the 6/23/03 meeting, vote #107. Division 2 is 20 single-family cluster lots. The plat is located off 42nd Street and Midwood Lane, north of Adams Avenue. AB17189 (Resolution 2006-43) Approved 7-0

264. Spend $127,739 for ambulance and fire dispatch software? The software program (to be purchased from Northrup Grumman) allows the 911-dispatch center to determine the appropriate response based on predetermined criteria. The center currently uses a manual card file system. The Ambulance Advisory Board and the Whatcom County Executive’s office have endorsed the purchase. The purchase will be financed by Whatcom Medic One ($98,739) and the Whatcom County Fire Chiefs Association ($29,000). AB17168 (Ordinance 2006-10-100) Approved 7-0

265. Reclassify a position in the Aquatic Center from office assistant III to accounting technician? The position was recently vacated; the aquatics manager and parks staff evaluated the clerical and accounting needs of the center and the parks department and restructured the workload. The Civil Service Commission approved the new classification on 9/13/06. The increased cost for 2006 is $434 and the annual increase is $4,476. AB17171 (Ordinance 2006-10-101) Approved 7-0

266. Accept a federal grant of $52,017 and use the money to purchase eight laptop computers for the police department? The grant is from the Department of Homeland Security and is to be used to detect, deter, disrupt and prevent acts of terrorism. For additional information on the grant, see the Whatcom County Council votes on 7/11/06, number 140 and 9/12/06, number 179. AB17172 (Ordinance 2006-10-102) Approved 7-0

267. Accept a federal grant of $9,550 and spend $19,100 for police department body armor? The body armor grant from the U.S. Department of Justice requires a 50 percent match by the city. AB17173 (Ordinance 2006-10-103) Approved 7-0

Shall the council:

268. Authorize contributions and interest to the Public Employees Retirement System for prior City Council members? Current members of the retirement system who held public office and didn’t start their membership during their term in office can apply for retroactive membership. Retroactive membership requires both the employer and employee to pay the past contributions plus interest. There are seven prior council members who may want retroactive credit, if they become members in the future. Currently, Tim Douglas (representing the at-large position from 1980–1983) is the only one currently seeking credit; the city’s anticipated expense is $10,000. (AB 17195) Approved 7-0

269. Deny a water service extension to the Cornwall Church? The church, located outside the Urban Growth Area (4518 Northwest Road), has a well with arsenic levels exceeding federal standards. It applied for a city water connection asking for an exception to city regulations preventing extensions outside the Urban Growth Area. (AB17197) Denied 7-0

270. Reject all bids for a stack cap damper? A new stack cap damper on incinerator #2 at the Post Point sewer treatment plant will insure clean burns. The city made mistakes in the documents and drawings sent to bidders, preventing city staff from determining the lowest bid. All bids are rejected and corrections will be made before another solicitation. Thirty-one bids were solicited and three were received. (17201) Approved 7-0

271. Appropriate $5,070,348 for goods and services checks issued from September 29 through October 13, 2006? (AB17203/17204) Approved 7-0

272. Approve the 2007 action plan of the 2003–2007 consolidated plan? The action plan designates city use of federal grants for low- and moderate-income housing. The 2007 plan will guide the grant allocation of $1,508,400. The 2003 grant was $1,735,000, the next two years it was $1,717,000 and last year it was $1,625,000. AB 17185B (Resolution 2006-44) Approved 7-0

273. Initiate the annexation petition for the 195-acre Dewey Valley/Mount Baker Highway area? If the annexation is approved, the Urban Growth Area would become part of the city of Bellingham. A notice of intention to annex will be forwarded to the Boundary Review Board. A public hearing must be held prior to the final vote on annexation. AB17196 (Resolution 2006-45) Approved 7-0

274. Amend the Bellingham Municipal Code and adopt the 2005 edition of the National Electrical Code? This brings the city’s electrical permitting and inspections standards in alignment with state standards. AB17183 (Ordinance 2006-10-104) Approved 7-0

275. Create a revenue development area under the Local Infrastructure Financing Tool (LIFT) legislation? The waterfront’s redevelopment (New Whatcom) is one of the first projects to be authorized under new state legislation (LIFT), which authorizes local governments to create revenue development areas to finance infrastructure improvements by allocating property and excise taxes. New Whatcom will receive $1 million per year in state excise taxes for 25 years. Along with city and port tax allocations, the state taxes will help pay for the estimated $197 million in project costs. AB17114D (Ordinance 2006-10-105) Approved 7-0

Shall the council:

276. Authorize the mayor to employ Toby Thaler of Seattle, WA as special council for the case of Skagit County et al. v. Department of Natural Resource and the State of Washington? In the late 1990s, the state legislature created a landscape plan for the Lake Whatcom watershed to prevent erosion, landslides and preserve water quality. The state Department of Natural Resources (DNR) initially opposed the plan because it impacted their timber harvest practices. The city of Bellingham, Whatcom County, Conservation Northwest and the Lake Whatcom Water and Sewer District sued to enforce the legislation and DNR complied. The plaintiffs in this case (United General Hospital, Skagit County and the Mt. Baker School District) filed a lawsuit in 2005 for lost revenue. The city, county, Conservation Northwest and the Lake Whatcom Water and Sewer District have intervened, filing for a dismissal. The case is due in court on December 11, 2006. The City Council decided a special council was warranted because the city attorneys don’t have enough familiarity with the law required in the case, the large amount paperwork and the limited time to prepare. Approved 7-0

277. Authorize the mayor to enter into a $500,000 settlement with Safeco Insurance Company of America? This is the fifth settlement in the ongoing Granite State Insurance Company lawsuit by the city for reimbursement of cleanup costs at six locations and brings the settlement total to $1,700,000. The previous settlements were approved at the 2/27/06 meeting, vote number 37, the 4/24/06 meeting, vote number 96, the 7/10/26 meeting, vote number 158 and the 9/25/06 meeting, vote number 234. Approved 7-0

278. Authorize the mayor to award the low bid of $756,988 to Boss Construction of Bellingham for filter upgrades at the water treatment plant? Some filters are over 20 years old and others date back to the plant’s construction in the 1960s. This project will replace the existing filter media and add new technology to all six-filter bays. Ninety-two bids were solicited and six were received. (AB17212) Approved 7-0

279. Reject the sole bid for mausoleum repairs at Bayview Cemetery? The $181,893 bid was significantly over budget, included work outside the scope of the project and didn’t provide performance bond information. Thirty bids were solicited and one was received. (AB17217) Approved 7-0

280. Appropriate $1,481,519 for goods and services checks issued from October 13 through October 20, 2006? (AB17218) Approved 7-0

281. Appropriate $2,426,804 for city payroll checks issued from October 1 through October 15, 2006? (AB17219) Approved 7-0

282. Commend Mayor Mark Asmundson for his 20 years of public service to the citizens of Bellingham? He served on the Bellingham City Council from 1985 until 1993 and as mayor of Bellingham from 1996 until November 1, 2006. The City Council expresses its gratitude to “Mayor Mark” for his dedication, vision and strong commitment to making Bellingham a great place to live. AB17207 (Resolution 2006-46) Approved 7-0

283. Continue the moratorium on accepting applications to build or expand retail establishments over 100,000 square feet? At the 9/11/06 meeting, vote number 224, the council passed a six-month moratorium to allow a study on the impact of big box stores on the community. At this meeting the council held a public hearing and voted to continue the moratorium for another four months. AB17208 (Resolution 2006-47) Approved 5-2, John Watts and Bob Ryan opposed.

284. Cancel uncashed checks more than one year old? The total of 23 uncashed checks is $1,324. The money will be held by the city for one year and then transferred to the state of Washington as abandoned property where it will be available to the payee indefinitely. AB17216 (Resolution 2006-48) Approved 7-0

285. Adopt the 2007 transportation impact fee rate schedule? Impact fees are imposed on all buildings, structures or expansions that create additional traffic. This rate schedule will be changed from an 18-zone system with varying impact fees to a citywide single-zone system, charging new developments a larger percentage of the capital improvement costs. AB17198 (Ordinance 2006-11-106) Approved 7-0

286. Accept a federal grant of $485,100 to conduct a rail relocation study? The study will determine the feasibility of relocating 4,000 feet of railroad track that runs through the New Whatcom redevelopment area, and look at alternative alignments and a possible siding track to allow trains to pass each other. The project will also cover geotechnical and seismic issues, grade separation issues, potential at-grade closures, permitting and cost estimates. No matching funds are required. AB17199 (Ordinance 2006-11-107) Approved 7-0

287. Accept a Western Washington University grant of $14,160 for police department party patrols? The grant will be used to pay overtime for party patrols from 9/1/06 to 8/31/07. The WWU grant total for police party patrols is $32,604. WWU received a $260,804 grant from the National Institute of Health to be used from 5/28/04 through 8/31/07 to change the drinking culture on campus. AB17202 (Ordinance 2006-11-108) Approved 7-0