Bellingham City Council

Action Taken at July 11, 2016 Meeting
Shall the council:

107. Authorize the mayor to sign a four-year (2014-2017) collective bargaining contract with the International Association of Fire Fighters, Local 106S? IAFF 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. Health benefits will remain status quo through 2016. In 2017, the bargaining unit will move to the Regence $250 and Group Health $200 plans. A high-deductible health plan with a health savings account and the Group Health PPO Plan will also be offered. (Discussed in Executive Session.) Approved 6-0-1, Michael Lilliquist abstained.

108. Build a bicycle pump track in Whatcom Falls Park? Parks and Recreation staff has been working with the Whatcom Mountain Bike Coalition and other community members to find a suitable location for the city’s first bicycle pump track. The bike coalition has offered to donate the track, which will provide a place for citizens, particularly children and teens, to practice their skills. The location in Whatcom Falls Park near the Electric Avenue entrance has existing parking, a playground and restrooms. Pump tracks are closed-circuit cycling loops,designed to be ridden without pedaling; riders push down into the dip after an elevation and pull up before the crest of a mound throughout the continuous loop. (AB21295) Approved 7-0

109. Authorize the mayor to accept $1.1 million grant from Whatcom County to construct arterial streets in the Waterfront District?  The Whatcom County Council approved the Economic Development Investment Board recommendations for the grant at the 6/14/2016 meeting, vote #95. The grant will help fund the Granary/Laurel Street project. The project will be the first and primary arterial connection through the Waterfront District redevelopment area. The total cost of the project is $10,400,000, with $6,700,000 in federal funds and $2,600 in local money. The council authorized the mayor to apply for the grant at the 2/8/2016 meeting, vote #25. (AB21303) Approved 7-0

110. Authorize the mayor to sign an agreement with Whatcom County to finance the 2016 aquatic invasive species boat inspection program? At the 7/23/2012 meeting, vote #140, the City Council passed an ordinance making the release of of invasive species into Lake Whatcom and Lake Samish illegal. At the 2/25/2013 meeting, vote #36, the budget was adjusted to allow the hiring of inspection staff for the aquatic invasive species program. This agreement allows cost sharing not to exceed $95,000 of boat inspection and related services during the 2016 season; the city will provide these services on behalf of the Lake Whatcom Management Program. The proposed agreement is consistent with the level of service direction provided by the City Council, County Council, and Lake Whatcom Water and Sewer District Commissioners. Total program costs are expected to be approximately $382,000 allocated among the participating governments. Net cost to the city will be approximately $95,000. (AB21304) Approved 6-1, Terry Bornemann opposed.

111. Appropriate $3,058,397 for payroll checks issued from May 26 through June 10, 2016? (AB21309)  Approved 7-0

112. Appropriate $5,812,603 for goods and services checks issued from June 11 through July 1, 2016? (AB21310/21311/21312) Approved 7-0

This ordinance was given first and second readings at the 3/21/2016 meeting.
113. Authorize the mayor to sign a $200,000 grant agreement (amendment #2) with the state of Washington for the Little Squalicum Creek Estuary restoration project? A $200,000 grant from the Rose Foundation (8/10/2015 meeting, vote #155) required matching funds. This vote increases the state grant from $710,000 to $910,000; the budget for Little Squalicum Creek Estuary construction is $510,000, with the rest going for the Whatcom Creek Estuary, Padden Creek Estuary and a juvenile chinook assessment. AB21183 (Ordinance 2016-03-012)  Approved 7-0

114. Reconcile city code with state law prohibiting the unlawful display or carrying of an electronic control device? At the 1/10/2005 meeting, vote #15, the City Council prohibited the private possession, use or sale of Tasers, stun guns, or similar electronic or energy weapons. This ordinance will repeal prohibition on the possession, use or sale of electronic control devices and adopt a new section modeled after state law that makes it expressly unlawful to carry or display an electronic control device in a manner that manifests an intent to intimidate another or warrants the alarm for the safety of other persons. Ownership of such weapons will be decriminalized. AB21256 (Ordinance 2016-07-017) Approved 7-0

115. Change the penalty for non-compliance with the garbage collection code to a civil infraction? Currently, the penalty for non-compliance is a criminal misdemeanor. It is changed to a civil infraction with a $500 fine. The city administration recommends reducing the penalty to a civil infraction as better serving the interests of justice and lessening the burden on the criminal justice processes. The chapter regulating garbage collection in the city of Bellingham was passed in 1974 and amended in 2013. AB21276 (Ordinance 2016-07-018) Approved 7-0

116. Amend the city building codes? The 2015 Washington State Building Code must be amended before 7/1/2016; it includes the International Building Code, International Residential Code, International Mechanical Code, Uniform Plumbing Code and the International Existing Buildings Code. The city will also adopt the 2015 International Property Maintenance Code. The city building codes were last amended at the 6/3/2013 meeting, vote #114. (AB21261 (Ordinance 2016-07-019) Approved 7-0

117. Amend the Western Washington University Institutional Master Plan to allow student housing along South College Drive? The institutional master plan was initially approved at the 9/17/2001 meeting, vote #143. It was an addendum to the 1998 WWU neighborhood plan and required all future construction on campus to obtain city approval. WWU has requested quasi-judicial amendments to enlarge District 18 and allow student housing along South College Drive between the Buchanan Towers residence hall and the Fairhaven student housing complex. Districts 13, 15 and 17 will be reduced in size and “student activities” will be added as a land-use classification in District 18. AB21280 (Ordinance 2016-07-020) Approved 7-0

118. Amend city code regarding disposition of surplus real estate property? The code was enacted in 1979, amended in 1985, the 11/3/2003 meeting, vote #186 and the 1/12/2009 meeting, vote #9. Staff recommends clarifying language to reflect current real property transaction practices. Several sections have been stricken, moved and/or clarified, including a section regarding closing costs that has been revised to reflect current practices and allow the city to competitively market properties that have been disposed of through the surplus process. AB21265 (Ordinance 2016-07-021) Approved 7-0

Action Taken at July 25, 2016 Meeting
Shall the council:

119. Authorize the mayor to sign a settlement agreement to pay reasonable and necessary expenses to repair a driveway? A city project caused problems with the lower portion of the driveway at 120 Hawthorn Road. Specifically, the base between the new sidewalk and the driveway is too steep for some vehicles. The homeowner hired the Granite Construction Company, and they estimated the cost to fix the problem at $35,000. Engineering: $3,000; remove and replace 52 feet of curb, gutter and sidewalk: $9,000; remove and replace 116 feet of asphalt driveway: $23,000. The estimate does not include traffic control, sales tax and landscaping. (Discussed in Executive Session.) Approved 7-0

120. Spend $200,000 to purchase 20 acres in the Lake Whatcom watershed from Kenneth and Susan Morrill? The property is located in the Agate Bay area of Lake Whatcom and adjacent to city-owned property. The water fund purchase will help maintain and improve the drinking water quality in Lake Whatcom. (Discussed in Executive Session.) Approved 7-0

121. Appoint Tim Douglas, Rodd Pemble and Julie Guy to write a pro/for statement for the Greenways IV Levy that will appear in the voter pamphlet? For each ballot measure on the November ballot, state law requires the local jurisdiction to take steps to identify persons for appointment to “for” and “against” statement committees for the local voter’s pamphlet. To date, no individuals have been identified as interested in appointment to the con/against committee. (AB21315) Approved 7-0

122. Appropriate $5,996,911 for payroll checks issued from June 11 through July 8, 2016? (AB21317/21318) Approved 7-0

123. Appropriate $3,475,753 for goods and services checks issued from July 2 through July 15, 2016? (AB21319/21320) Approved 7-0

124. Allocate an additional $840,553 for the 2016 Fire Department budget? The city shall become the employer of all District 8 (the Marietta District) full-time employees. Eight employees (four fire captains and four firefighters) will be transferred to the city. The city will provide two career officers and one firefighter/driver each day to staff District 8 fire stations. Under the terms of the agreement, Fire District 8 will pay the city an annual fixed amount, and the city will provide fire and emergency medical services throughout Fire District 8. Expenses will be approximately $672,792, operating costs for July-December 2016 and $167,761 in one-time expenses, with offsetting revenue from Fire District 8. AB21210 (Ordinance 2016-07-022) Approved 7-0

125. Accept $474,128 in additional funding from the state of Washington for a bioretention hydrologic performance study? At the 7/6/2015 meeting, vote #140, the City Council appropriated $88,634 for a bioretention hydrologic performance study, commonly known as engineered rain gardens. The city hired a consultant to study the hydrologic performance of the engineered rain gardens. On 12/16/15, the city of Bellingham entered into an interagency service agreement with the state of  Washington for pass-through funding in the amount of $88,634. Additional funding in the amount of $474,128 was received through two amendments to the existing agreement. An ordinance is needed to amend the 2015/2016 budget and recognize the additional revenue. These funds have no match requirement and will have no adverse fiscal impact on the city. AB21296 (Ordinance 2016-07-023) Approved 7-0

126. Transfer $52,413 from the street fund to the governmental debt fund for debt service? During the development of the 2015 budget, the timing and debt service payments of the state loan for the LED streetlight conversion project were estimated. In total, debt service payments are close to what was anticipated in the budget, but the delay in funding pushed the actual expenditure into 2016. AB21308 (Ordinance 2016-07-024) Approved 7-0

Action Taken at August 8, 2016 Meeting
Shall the council:

127. Appropriate $6,145,673 for goods and services checks issued from July 16 through July 29, 2016? (AB21324/21325) Approved 7-0

128. Appropriate $3,056,389 for payroll checks issued from July 9 through July 25, 2016? (AB21326) Approved 7-0

129. Extend an emergency ordinance which establishes interim zoning rules for facilities producing, processing or retailing recreational and medical marijuana, and regulates the establishment of medical marijuana cooperatives? The emergency ordinance for recreational marijuana expired on 8/8/2016 and a similar ordinance for medical marijuana expired on 6/15/2016. Effective 7/1/2016, state legislation merged the medical and recreational marijuana systems and now requires all marijuana producers, processors- and retailers to have a state license. The legislation eliminates collective gardens and replaces them with cooperatives. This extension and renewal of the interim zoning ordinance ensures individuals can continue to apply for state licenses for recreational and medical marijuana, locate marijuana businesses in the city, and operate cooperatives during the interim period while council conducts a type VI legislative review over the next six months. Emergency ordinances must be renewed every six months. The emergency ordinances for recreational and medical marijuana were initially passed at the 7/1/2013 meeting, votes #142/143. AB21322 (Emergency Ordinance #2016-08-025) Approved 7-0

130. Change ward boundaries to correct for a registered voter imbalance? (Public hearing held.) The Bellingham City Charter requires wards to be redrawn every four years if any one ward exceeds the number of registered voters in any other ward by more than 15 percent; the most recent federal decennial census indicates a deviation in total population between wards exceeding 10 percent. The council has deemed redistricting necessary to best serve the city’s needs for representation. Boundaries were last corrected at the 4/28/2008 meeting, vote #121. New ward boundaries can be found at AB21264 (Ordinance 2016-08-026) Approved 7-0

131. Adopt the 2015 edition of the International Fire Code? Effective 7/1/2016, the state fire code has changed from the International Fire Code 2012 edition to the 2015 edition. This ordinance updates the Bellingham Municipal Code to include the newest edition and adds local amendments to the code consistent with the code adopted at the 6/3/2013 meeting, vote #115. AB21302 (Ordinance 2016-08-027) Approved 7-0

132. Accept the donation of the South Bay Stormwater Facility? The privately-owned facility is located on the northwest corner of the intersection of McKenzie Avenue and Varsity Place. The owner is donating this one-acre facility to ensure proper maintenance. The city has completed an environmental site assessment and a title review of the subject property; no environmental or title concerns were identified. Closing costs are estimated not to exceed $4,000, with regular ongoing maintenance costs estimated between $3,000-$4,000 annually. AB21313 (Ordinance 2016-08-028) Approved 7-0

133. Accept the donation of the Trickle Creek Stormwater Facility? The privately-owned facility is located in the vicinity of Trickle Creek Boulevard and Mount Baker Highway. The homeowners’ association is donating this 1.4 acre facility to ensure proper maintenance. The city has completed an environmental site assessment and a title review of the subject property; no environmental or title concerns were identified. Closing costs are estimated not to exceed $4,000, with regular ongoing maintenance costs estimated between $3,000-$4,000 annually. AB21314 (Ordinance 2016-08-029) Approved 7-0

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