Bellingham City Council

Action Taken at June 6, 2016 Meeting

Shall the council:
83. Authorize the mayor to sign a contract with Kristofer Bundy for legal services? Mr. Bundy will assist the city attorney’s office in the case of A.J. v. City of Bellingham The following information was obtained from the claim for damages filed with the city of Bellingham. No attempt has been made to verify the information. Claim amount requested: $5 million. On June 20, 2015, Alfredo Juarez was stopped by a city police officer for a driving infraction. No attempt was made to verify his immigration status. The Border Patrol was called and he ended up in an immigration detention center in Tacoma. Mr. Juarez was ultimately released from the adult detention center to his family because he was not deportable. (Discussed in Executive Session) Approved 6-0, Roxanne Murphy excused.

84. Authorize the mayor to sign a four-year (2014-2017) collective bargaining contract with the International Association of Fire Fighters, Local 106? Wages will increase by 2 percent on 1/1/2014, 1/1/2015 and 1/1/2016; by 3 percent on 1/1/2017; and by 0.5 percent on 7/1/2017. Premium contributions for health benefits for 106 members will remain the same through the end of 2016. Beginning in January 2017, IAFF members will have the option to elect between the Regence $250 Plan, the Group Health $200 Plan, or the Group Health PPO Plan offered by the AWC Trust. The city will also offer members the option of a high deductible health plan with a health savings account. (Discussed in Executive Session) Approved 6-0, Roxanne Murphy excused.

85. Authorize the mayor to sign a settlement agreement (amendment #1) with Fred Meyer and Costco? The first settlement agreement was approved at the 2/9/2015 meeting, vote #22. The proposed Costco store on West Bakerview Road is expected to be about 162,000 square feet, with 800 parking spaces and 24 fuel pumps. The existing Meridian Street store is 133,000 square feet. Costco filed for a building permit on 2/6/2015. The settlement agreement allows Costco to delay acquiring the necessary right of way from the owner of the property on the northeast corner of Arctic Ave. and W. Bakerview Road while constructing the improvements in that right of way that include curb, gutter, and sidewalk work on the east side of Arctic Ave., and to construct an eastbound right hand turn lane from W. Bakerview onto Arctic. It requires Costco to post a bond for the cost of acquiring the necessary right of way on the corner property and constructing the improvements once the right of way on the property is acquired, and to continue good faith efforts to acquire the right of way from the property owner. (Discussed in Executive Session) Approved 6-0, Roxanne Murphy excused.

86. Authorize the mayor to approve an 2.50 percent fee increase for 2017 Advanced Life Support services? The agreement provides paramedic services in Whatcom County with three medic units and one EMS supervisor. The current agreement includes a fee schedule for calendar years 2014/2015 and 2016. This 2017 amendment for $124,417, incorporates the Seattle-Tacoma-Bremerton CPI-U inflation adjusted index, for a total ALS service fee of $5,101,095. (AB21257) Approved 6-0, Roxanne Murphy excused.

87. Grant a noise variance to Ram Construction for water main replacements on East Sunset Drive? The variance is for fifteen non-consecutive nights. Work will include trenching, water main replacement, milling and filling of asphalt pavement, erosion control, traffic control and pavement marking between James Street and Ellis Street on E Sunset Drive. Construction work in residentially zoned areas between 10 p.m. and 7 a.m. requires a noise variance. (AB21258) Approved 6-0, Roxanne Murphy excused.

88. Authorize the mayor to award the low bid of $387,509 to Ariston Pacific of Bellingham for bicycle and pedestrian street improvement? The Nevada-Kentucky Bike Blvd. project will make improvements at Cornwall, Kentucky and Young streets to reduce pedestrian exposure, provide a bike turning lane, and add crosswalks; bike markings from Cornwall to Nevada and along Moore Street will complete a key bike boulevard connection. Additional work will include a new pedestrian crossing and sidewalk at 24th and Mill Street and the permanent installation of the Illinois lane diverters. Five bids were submitted, the high bid was $449,552. The engineer’s estimate was $406,465. (AB21260) Approved 6-0, Roxanne Murphy excused.

89. Authorize the mayor to sign an agreement to renew probation services with Whatcom County? The Bellingham Municipal Court contracts with the Whatcom County Probation Department for probation services. This contract modification will be in effect for the 2017-2019 period; no substantive changes have been incorporated. The program is currently budgeted for 2016 at $327,000. (AB21262) Approved 6-0, Roxanne Murphy excused.

90. Appropriate $2,942,810 for payroll checks issued from April 26 through May 10, 2016?(AB21267) Approved 6-0, Roxanne Murphy excused.

91. Appropriate $6,780,494 for goods and services checks issued from May 7 through May 27, 2016? (AB21268/21269/21270) Approved 6-0, Roxanne Murphy excused.

92. Place the Greenways IV property tax levy on the November 8, 2016 general election ballot? The Greenways III property tax levy expires at the end of 2016. Over the last ten years, it has funded city greenways, open space sites, parks, and trails. The Greenways IV levy will be for seven years beginning in 2017 at a maximum rate of $.50 per $1,000 of assessed value and collect roughly $32 million. Approximately 33 percent will be for acquisition,42 percent for development and 25 percent for maintenance and operations. AB21217 (Resolution 2016-16) Approved 6-0, Roxanne Murphy excused.

Action Taken at June 20, 2016 Meeting

Shall the council:
93. Authorize the mayor to sign a $21,663 settlement agreement for water related damages? On 11/2/2015, a city water main broke in front of the house at 1868 Lakeside Street flooding the lower level. The repair work required demolition, cleaning, drywall, painting, floor covering and finish carpentry. (Discussed in Executive Session) Approved 6-0, Dan Hammill excused.

94. Authorize the mayor to sign an agreement with Whatcom County Fire District 8 for fire and emergency medical services? At the 1/14/2013 meeting, vote #2, the council authorized the mayor to sign an agreement for administrative services and firefighter training with Fire District 8 (the Marietta District). The new agreement will provide for the continuation of these services and add provisions for fire and EMS services throughout Fire District 8 in the event of future annexation of the property by the city, as per the 9/16/1997 agreement. It will cost approximately $1.4 million annually, with offsetting revenue from Fire District 8, through defined contract amount. (AB21210) Approved 6-0, Dan Hammill excused.

95. Authorize the mayor to sign an agreement with the Port of Bellingham for water main construction in the C Street right-of-way? The work will be performed between the Roeder Avenue intersection and Laurel Street intersection located within the Waterfront District, will be the replacement of eight-inch and six-inch cast iron water main that will be paid for with city funds. It is in the public interest to replace aging public water infrastructure with new ductile iron water main when possible. Estimated cost is $250,000. (AB21277) Approved 6-0, Dan Hammill excused.

96. Authorize the mayor to sign a memorandum of understanding with the Washington State Utilities and Transportation Commission for the rail safety program? Washington State performs rail safety inspections for all rail crossings in Washington State except for those cities with a “First Class” designation. The state has adopted two rules that now allow cities with a First Class designation the opportunity to “opt in” to the rail safety program. Opting into the program provides the city with an additional resource to ensure that the city’s rail crossings are maintained and kept functioning in a safe manner. There is no cost for the memorandum of understanding. Improvements at crossings are funded by the city of Bellingham. (AB21279) Approved 6-0, Dan Hammill excused.

97. Authorize the mayor to sign a Jail Facility Use agreement with Whatcom County for corrections services? On 5/19/2016, the Whatcom County Executive sent a letter to the mayors of Whatcom County cities proposing a two-year jail facility use agreement. It requests that cities sign the agreement in advance of 7/1/2016. The Whatcom County administration has agreed to certain changes proposed by the city of Bellingham, referred to as option 2. Though not specifically set forth in the agreement, the city will use tools such as electronic home monitoring, in addition to transports to Yakima County, to reduce its jail population. Jail per diem rate will continue at $98 (up from $80 in 2015); booking fee will be increased from $55 to $100. Net operating costs are estimated at $11,887,728 annually. The agreement begins on 7/1/2016 and terminates on 6/30/2018. (AB21266) Approved 6-0, Dan Hammill excused.

98. Approve the mayor’s appointment of James Hulbert to the Transportation Commission? He is employed as a deputy prosecuting attorney in the Whatcom County Prosecuting Attorney’s Office, has lived in Bellingham for 44 years and is a member of the Greater Bellingham Running Club. This will be his first term, it will expire on 6/20/2019, at which time he may be reappointed. (AB21285) Approved 6-0, Dan Hammill excused.

99. Appropriate $2,889,330 for payroll checks issued from May 11 through May 25, 2016? (AB21287) Approved 6-0, Dan Hammill excused.

100. Appropriate $3,323,397 for goods and services checks issued from May 28 through June 10, 2016? (AB21288/21289) Approved 6-0, Dan Hammill excused.

101. Authorize the mayor to sign an $26,435 agreement with Whatcom County for the use of the Plantation Rifle Range? The range is used by the Bellingham Police Department for firearms qualification and additional training which are requirements of the police department training program. The agreement runs from 1/1/2016 through 12/31/2016. (AB21290) Approved 6-0, Dan Hammill excused.

102. Authorize the mayor to award the the lowest responsible bid of $82,242 to Cutters, Inc. of Bellingham for water meter box lids? These covers are used to upgrade existing services as needed and to install new meter boxes for the state’s mandatory metering project. Five bids were received, Reinkes Fabrication of Bellingham had the lowest bid at $78,808 but it had an inactivated Bellingham business registration and stated that they would be unable to rectify the situation for this bid. (AB21291) Approved 6-0, Dan Hammill excused.

103. Support Washington State Initiative 1433? (Public hearing held) Initiative 1433 will increase the state hourly minimum wage for employees who are 18 or older to $11.00 in 2017, $11.50 in 2018, $12.00 in 2019, and $13.50 in 2020. It would further require employers to provide sick leave starting in 2018, make the Minimum Wage Act and this measure apply to individual care providers, and adopt related laws. AB21273 (Resolution 2016-17) Approved 6-0, Dan Hammill excused.

104. Pass a resolution demonstrating substantial progress on the Comprehensive Plan update? All cities and counties in Washington are expected to have their comprehensive plans and development regulations (including critical areas ordinances) updated by June 30 of their deadline year, which is 2016 for Bellingham. If additional time is needed to complete the update, the state recommends passing a resolution that indicates the efforts that have been made toward updating the comprehensive plan, the specific reasons why additional time is needed, and an expected date of completion. The City Council held several work sessions and public hearings on the Comprehensive Plan update in 2014 – 2016. At the 8/31/2015 meeting, vote #168, the council updated the 20-year population forecast. The council has chosen not to adopt a partially updated plan but anticipates completing the plan update in 2016. AB21281 (Resolution 2016-18) Approved 6-0, Dan Hammill excused.

105. Change the Transportation Benefit District funding allocation in the 2017-2022 Transportation Improvement Program? (Public hearing held on 6/6/2016) Since the City Council established the Transportation Benefit District at the 7/12/2010 meeting, vote #144, funding has been allocated between three projects: arterial resurfacing, non-motorized projects and transit enhancements. The contract with Whatcom Transit Authority for supplemental transit service has expired and the transit authority is not requesting operational support. The public hearing was held to receive input on a proposed change to the project allocation that would split funding between arterial resurfacing and non-motorized projects, no longer funding transit enhancements. The transit authority has indicated that in the future they may seek Transportation Benefit District support for capital projects in Bellingham. Revenue generation for the Transportation Benefit District in 2017 is expected to be $5 million. AB21243 (Resolution 2016-19) Amended and approved 6-0, Dan Hammill excused.

106. Adopt the annual six-year (2017-2022) Transportation Improvement Program? (Public hearing held 6/6/2016) 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 previous six-year program was adopted by the City Council at the 6/15/2015 meeting, vote #118. AB21255 (Resolution 2016-20) Approved 6-0, Dan Hammill excused.

107. Authorize the mayor to accept a donation of a conservation easement? The owners of the property located at 3100 St. Clair Street have a conservation easement on part of their property. The easement will provide environmental protection for a portion of Fever Creek by limiting future development. The easement area includes streams, wetlands, and wetland buffers and is being protected for the ecological benefits these features provide. AB21271 (Ordinance 2016-06-016) Approved 6-0, Dan Hammill excused.

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