Bellingham City Council

Mayor Tim Douglas regretted to announce that council member Joan Beardsley had died earlier in the evening.

Shall the council:

46. Authorize the hiring of special counsel to take legal action against American LaFrance of Ladson, South Carolina? The Bellingham Fire Department purchased a pumper truck from American LaFrance. Whatcom Watch was unable to ascertain additional information about the reasons for legal action and special counsel. Peter Refatto in the city attorney’s office didn’t answer an email message or a message left on his answering machine. (Executive Session) Approved 6-0, seventh seat vacant.

47. Ratify the AFSCME, local 114F, three-year labor contract? The contract with 13 fire dispatchers at the Prospect communications center increases wages 3.5 percent for 2007, 3 percent for 2008 and 2009 and requires employees to pay for a portion of their medical coverage and drugs. The contract runs from 1/1/07 through 12/31/09. (Executive Session) Approved 6-0, seventh seat vacant.

48. Approve a $51,330 exemption from park impact fees for the Laube Hotel? The hotel will house 38 low-income residents in downtown Bellingham. A exemption was denied at the 1/22/07 by a vote of 4-3; Mayor Douglas asked council to allow city staff to review the matter and they consented. The review found justification for the exemption because park impact fees were approved by the council at the 3/27/06 meeting, vote number 84, after the Bellingham Housing Authority had secured financing for the project. (AB17346) Approved 5-1, John Watts opposed, seventh seat vacant.

49. Authorize the mayor to execute supplemental agreement #31 with the Port of Bellingham for New Whatcom in the amount of $402,878? This authorizes — with the port adding the same amount — the next phase of the waterfront redevelopment. In this phase, consultants will work with city and port staff in preparation of the draft environmental impact statement and the public involvement program. (AB17347) Approved 6-0, seventh seat vacant.

50. Authorize the mayor to execute an agreement with Whatcom County to develop technology-based businesses in Whatcom County? The city and county will each contribute $48,000 for a total of $96,000 to promote, educate and advocate the development of technology-based economic and businesses development throughout the county. The city has already contracted Technology Alliance Group of Mayagiiez, Puerto Rico, to work in this field at a cost of $22,000. (AB17349) Approved 6-0, seventh seat vacant.

51. Authorize the mayor to award low bids totaling $121,937 for Whatcom Medic One medical supplies? The bids were constructed so individual products can be purchased from qualified vendors who submitted the lowest bid on a particular item. Four of the six bidders (Bound Tree of Dublin, Ohio; Life Assist of Rancho Cordova, Calif.; Tri-Anim Health Services of Sylmar, Calif. and Moore Medical of New Britian, Conn.) followed bid requirements. Forty-one bids were solicited and six were received. (AB17352) Approved 6-0, seventh seat vacant.

52. Issue a noise variance to the state of Washington for Interstate-5 repairs between 36th Street and Slater Road? The variance (10 p.m. to 7 a.m.) covers 45 nights between 7/4/07 and 12/31/07. The construction work will repave four on-off ramps and 220 bridge approaches. (AB17353) Approved 6-0, seventh seat vacant.

53. Authorize the mayor to award low bids totaling $76,109 for valves and fittings used in the city water system? The valves and fittings are used on routine installation and repair. The bids were constructed so individual items can be purchased from qualified vendors who submitted the lowest bid on a particular item All six bidders followed bid requirements. Twenty-eight bids were solicited and four were received. (AB17362) Approved 6-0, seventh seat vacant.

54. Authorize the mayor to award low bids of $51,492 for safety supplies? The bids were constructed so individual products could be purchased from qualified vendors who submitted the lowest bid on a particular item. All six bidders followed bid requirements. Fifty-two bids were solicited and six were received. (AB17363) Approved 6-0, seventh seat vacant.

55. Appropriate $5,257,691 for city payroll checks issued from January 16 through February 15, 2007? (AB17364/17365) Approved 6-0, seventh seat vacant.

56. Appropriate $4,079,272 for goods and services checks issued from February 2 through February 23, 2007? (AB17366/17367/17368) Approved 6-0, seventh seat vacant.

57. Create a new fund and change the name of an existing fund in order to receive federal grant money? The city receives both the Home Investment Partnership Grants and Community Development Block Grants; the former needs a fund of its own and the latter a name change in order to comply with federal government accounting practices. AB17335 (Ordinance 2007-03-18) Approved 6-0, seventh seat vacant.

Shall the council:

58. Enter into an $8,000 conservation easement contract with the Whatcom Land Trust for the Three Creeks Preserve? The Lake Whatcom Watershed Advisory Board recommended conservation easements to protect Lake Whatcom acquisition properties. If a future City Council decides to sell acquisition properties they will be protected from development. The first property to be protected by the conservation easement process with Whatcom Land Trust is the Three Creeks Preserve (three properties totaling 105 acres). The preserve is located on the eastern side and northern end of Basin 3. (AB17380) Approved 6-0, seventh seat vacant.

59. Authorize the mayor to award the low bid of $310,000 to Tiger Construction of Everson, for the Whatcom Creek Trail project? This portion of the project will connect the Whatcom Creek Trail with Civic Field. The eight-foot wide limestone trail will take the Racine Street right-of-way (undeveloped) ending at Fraser Street. A bridge will be constructed over Whatcom Creek. At Fraser Street the trail will connect with existing trails in the Salmon Woods open space that end at Lakeway Drive. One hundred and thirteen bids were solicited and six were received. (AB17382) Approved 6-0, seventh seat vacant.

60. Authorize the mayor to award the low bid of $1,481,856 to Boss Construction of Bellingham for phase one of the Squalicum Creek Park project? The property, the former Pacific Concrete site on Squalicum Parkway, was purchased with Greenway funds. The council approved the park master plan at the 2/7/05 meeting, vote number 25. The first phase will demolish buildings and grade the site, construct one baseball diamond, a building for restrooms, a lighted parking lot, bike racks, trail access and utilities. One hundred and twenty bids were solicited and six were received. (AB17383) Approved 6-0, seventh seat vacant.

61. Reject the sole bid to seal the 40th Street water reservoir? The Interstate Painting Company of Seattle sent a bid of $80,216 to seal the interior of the concrete reservoir to extend the life of the structure. City staff determined that the bidder didn’t meet specifications, recommended the bid be rejected and rebid at a later date. Sixty bids were solicited and one was received. (AB17388) Approved 6-0, seventh seat vacant.

62. Appropriate $2,683,861 for city payroll checks issued from February 16 through February 28, 2007? (AB17389) Approved 6-0, seventh seat vacant.

63. Appropriate $3,349,400 for goods and services checks issued from February 23 through March 16, 2007? (AB17390/17391/17392) Approved 6-0, seventh seat vacant.

64. Increase Bayview Cemetery rates for 2007? The rates were last increased at the 2/28/05 meeting, vote number 40. This increase will place pricing in the middle to upper level among local cemeteries; based on a 2006 cemetery price review and it will generate an estimated $66,000 in additional revenue. AB17374 (Resolution 2007-04) Approved 6-0, seventh seat vacant.

65. Adjust the beginning reserve balance for the 2007 budget by $56,964,992 to account for differences between estimated and actual year-end balance? The budget is drawn up before the end of the year and estimates are used. The 2007 beginning reserves budget will increase from $70,432,695 to $127,397,687. AB17339 (Ordinance 2007-03-19) Approved 6-0, seventh seat vacant.

66. Reauthorize $6,959,575 for goods and services that were ordered in 2006 but didn’t have purchase orders or contracts by the end of the year? This action carries over the funds needed to pay for the purchases. AB17340 (Ordinance 2007-03-20) Approved 6-0, seventh seat vacant.

67. Reauthorize $47,074,196 for goods and services that were budgeted in 2006 but not ordered by the end of the year? This increases 2007 budget expenditures from $205,406,649 to $259,440,420. AB17341 (Ordinance 2007-03-21) Approved 6-0, seventh seat vacant.

68. Reduce the 2007 library budget by $5 million? The money was to be used to purchase a site for a new central library, if a city-owned site was not selected. The decision to use the current site means the money is not needed. AB17342 (Ordinance 2007-03-22) Approved 6-0, seventh seat vacant.

69. Reduce park impact fees in the 2007 budget by $500,000? Revenue from park impact fees was estimated for the 2006 budget at $2 million based on 2005 building permit activity. The fees collected in 2006 were less than anticipated because residential construction was down. Park impact fees will be reduced in the 2007 budget to $1 million. AB17344 (Ordinance 2007-03-23) Approved 6-0, seventh seat vacant.

70. Amend two sections of the municipal code to clarify the appeals process for park impact fees and the review of impact fee rates? The changes specify that paying the park impact fee under protest does not extend the deadline for appealing the fee and allows the council to review the fee rates yearly without updating the capital facilities plan. AB17345 (Ordinance 2007-03-24) Approved 6-0, seventh seat vacant.

71. Approve a $51,330 exemption from park impact fees for the Laube Hotel? The hotel will house 38 low-income residents in downtown Bellingham. An exemption was denied at the 1/22/07 meeting by a vote of 4-3; Mayor Douglas asked council to allow city staff to review the matter and they consented. The review found justification for exempting the hotel from park impact fees because the ordinance adopting park impact fees fees was approved by the council (3/27/06 meeting, vote number 84) after financing for the hotel was secured. AB17346 (Ordinance 2007-03-25) Approved 5-1, John Watts opposed, seventh seat vacant.

72. Add two federal grants totaling $2,448,000 for waterfront bridges to the 2007 budget? The grant will pay for the design of two bridges to access the New Whatcom waterfront redevelopment area. One bridge will provide access from Laurel Street and the other from Cornwall Avenue. AB17348 (Ordinance 2007-03-26) Approved 5-1, Bob Ryan opposed, seventh seat vacant.

73. Appropriate $48,000 for Whatcom County’s share of the payment to the Technology Alliance Group of Mayagiiez, Puerto Rico, for the promotion of technology-based businesses? See vote number 50 for additional information about the agreement with Whatcom County. This appropriation will be reimbursed by Whatcom County. AB17350 (Ordinance 2007-03-27) Approved 6-0, seventh seat vacant.

74. Adjust the parks department 2006 budget in the amount of $24,500? Certain Woodstock Farm tenants perform work on the farm in lieu of rent; the $24,500 in services was not in the 2006 budget. This adjustment increases the rental income account and the professional services account. AB17360 (Ordinance 2007-03-28) Approved 6-0, seventh seat vacant.

75. Sign a memorandum of understanding with the Bellingham-Whatcom Public Facilities District, the Museum Society, the board of the Mount Baker Theatre and the Campaign of the Arts to fund two public facilities district projects? This memorandum creates a strategy to pay for the new art and children’s museum and phase two renovations at the Mount Baker Theatre. The Campaign for the Arts will raise $8.4 million for the two projects (half for capital costs and half for operating costs). The Museum Society will provide $1 million to buy museum furniture, fixtures and equipment. The city and PFD will put construction of the museum out-to-bid in April or May of this year and Mount Baker Theatre in the winter of 2007; the PFD will issue $11.5 million in bonds. The city will guarantee the PFD’s bond payments in case sales tax revenues prove insufficient to repay the bonds, will provide gap funding until the bonds are sold and will maintain current funding for museum and Mount Baker Theatre. (AB17402) Approved 6-0, seventh seat vacant.

76. Rezone approximately 2.19 acres in the Samish Neighborhood? (Closed record hearing) The rezone will change the minimum lot size from 20,000 square feet to 7,201 square feet. The planning commission recommended the rezone 3-2. (AB17403) Approved 4-2, Louise Bjornson and Bob Ryan opposed, seventh seat vacant.

77. Appropriate $2,578,887 for city payroll checks issued from March 1 through March 15, 2007? (AB17409) Approved 6-0, seventh seat vacant.

78. Adopt an environmental preferable purchasing program? The program adds environmental considerations into purchase decisions. City departments will be responsible for purchasing recycled, PBT-free and other environmentally preferred products with the maximum amount of recycled materials, provided the cost is equal to or less than 120 percent of the established annual bid price. AB17379 (Resolution 2007-05) Amended and approved 6-0, seventh seat vacant.

79. Change the pay grade for the lead buyer position in the public works department? Public works has not been able to find a qualified person to fill the vacant position; five applied and none were qualified. Human Resources conducted a salary review and recommended a change from grade 14 to grade 16. The change will increase the pay by $7,224 annually starting in the 2008 budget. AB17372 (Ordinance 2007-04-29) Approved 6-0, seventh seat vacant.

80. Revise funding for the Waterfront Redevelopment Manager? The council created the Waterfront Redevelopment Manager position at the 10/9/06 meeting, vote number 243 and the 2007 budget funded the position from real estate excise taxes. This amendment increases the yearly salary by $16,369 to $118,067 and changes the source of the funding to 10 percent from real estate excise taxes and 90 percent from the general fund. AB17373 (Ordinance 2007-04-30) Approved 6-0, seventh seat vacant.

81. Prohibit new septic systems in the Lake Whatcom watershed? All development in the city’s portion of the Lake Whatcom watershed shall be required to connect to sewer mains regardless of the distance to the nearest main. The City Council doesn’t have the authority to require existing septic systems to connect to sewer mains. AB17381 (Ordinance 2007-04-31) Approved 6-0, seventh seat vacant.

Shall the council:

82. Honor council member Joan Beardsley for her service to the citizens of Bellingham? Joan Beardsley died on March 12, 2007, while undergoing cancer treatment for melanoma. She was a high school science teacher and was active in many community organizations — including the Bellingham Planning Commission, the Interfaith Coalition and the City Council. AB17410 (Resolution 2007-06) Approved 6-0, seventh seat vacant.

83. Appoint a 4th Ward representative? Nine residents of the 4th Ward applied for the vacancy: Don Gischer, Bern Haggerty, Bob Hall, Rebecca Johnson, Jacqui Weiss MacConnell, Richard Maneval, Gary Namie, Siegfried “Stan” Snapp and Myron Wlaznak. Two applicants were nominated to fill the vacancy, Rebecca Johnson and Don Gisher. Rebecca Johnson received two favorable votes, Barbara Ryan and Terry Bornemann and four opposition votes, Gene Knutson, John Watts, Louise Bjornson and Bob Ryan. Don Gisher received four favorable votes. Gene Knutson, John Watts, Louise Bjornson and Bob Ryan and two opposition votes, Barbara Ryan and Terry Bornemann. Don Gisher was declared the winner; he will fill the vacancy until the November 6, 2007, general election is certified. (AB 17411)