Bellingham City Council

Action Taken at November 7, 2016 Meeting
Shall the council:

181. Authorize the city attorney’s office to intervene in Whatcom County Association of Realtors, et al. v. Whatcom County? At the 8/9/2016 meeting, vote #150, the Whatcom County Council approved an update to the Whatcom County Comprehensive Plan. The update was appealed to the Western Growth Management Hearings Board by the Whatcom County Association of Realtors, Building Industry Association of Whatcom County, Whatcom Affordable Housing Group, South Yew Street Group, Citizens’ Alliance for Property Rights and Whatcom Business Alliance. Petitioners requested that the board find Whatcom County’s action inconsistent with the Growth Management Act, that Whatcom County take action which is consistent with the Growth Management Act and petitioners be award relief that the board deems necessary. (Discussed in Executive Session) Approved 6-0, Terry Bornemann excused.

182. Spend $100,000 to purchase of 58 acres in the Lake Whatcom watershed from Marlen Enterprises? This property is located in the Agate Bay area of Lake Whatcom, adjacent to property currently owned by the city. It is being purchased to help maintain/improve the drinking water quality in Lake Whatcom with money from the water fund. (Discussed in Executive Session) Approved 6-0, Terry Bornemann excused.

183. Authorize the mayor to sign an agreement for inmate housing (amendment #1) with SCORE (South Correctional Entity Regional Jail) located in Des Moines? At the 3/21/2016 meeting, vote #45, the council authorized the mayor to sign the agreement for inmate housing with SCORE. The 164,00 square foot facility cost $52 million to build, has a staff of 150 full-time positions and the capacity to house 813 inmates. This contract for inmate housing provides another tool to address overcrowding at the main jail. It extends the contract from 1/1/2017 through 12/31/2020 and increases the non-guaranteed rate bed rate from $157 to $163. (AB21413) Approved 6-0, Terry Bornemann excused.

184. Authorize the mayor to sign an inmate housing agreement (amendment #1) with Yakima County Department of Corrections? The agreement was originally approved at 12/14/2015 meeting, vote #251. Bellingham is currently limited to booking and short term holding at the Whatcom County main jail. As directed by the Whatcom County sheriff, pre-trial as well as post-conviction inmates are transferred out of the main jail within days after booking. The Yakima County jail provides transportation and full inmate housing services at per diem rates that are increasing by 4.5 percent in 2017. The per diem rate remains significantly lower than the rate charged by the Whatcom County jail. The amendment extends the term of the agreement through 12/31/2017 and sets forth the increased rates for 2017. (AB21414) Approved 6-0, Terry Bornemann excused.

185. Approve the mayor’s reappointment of Skylar Hinkley to the Greenway Advisory Committee? The committee provides recommendations to the City Council and the Parks and Recreation Department about Greenway levy expenditures, parkland acquisitions and parks/trails/open space development projects. Appointments shall be for three-year terms, with a two term limit. He was initially appointed to a partial term at the 8/10/2015 meeting, vote #156. This will be his first full term, it will expire on 10/28/2019, at which time he may be reappointed. A resident of Bellingham since 2007, Skylar Hinkley is currently employed by Kulshan Cycles, has a BA in urban planning and sustainable design, and has participated in the WWU planning program in conjunction with the city of Bellingham. (AB21421) Approved 6-0, Terry Bornemann excused.

186. Appropriate $3,071,857 for payroll checks issued from September 24 through October 10, 2016? (AB21422) Approved 6-0, Terry Bornemann excused.

187. Appropriate $3,022,147 for goods and services checks issued from October 15 through October 28, 2016? (AB21423/21424) Approved 6-0, Terry Bornemann excused.

188. Docket two Comprehensive Plan amendments? (Public hearing held.) The docket requests include a Barkley Neighborhood rezone of approximately 11,231 square feet of land (.5 acres including right-of-ways) on the north side of E. Sunset Dr. near McLeod from Residential Single to Commercial, Planned; and a request in the Cordata Neighborhood to rezone approximately 9.7 acres north of the Pacific Highway near June Road from Residential, Single to Industrial, Planned. The Bellingham Planning Commission recommended the City Council add the docketing requests to the list of Comprehensive Plan amendments for review. AB21410 (Resolution 2016-26) Approved 6-0, Terry Bornemann excused.

189. Set the times and dates for the 2017 regular council meetings? Twenty-five meetings are scheduled for 2017, the same number that were scheduled for 2016. Meeting time will be 7:00 p.m. and Roberts Rules of Order are to be used unless otherwise provided by the Charter. Dates for meetings can be found at AB21417 (Resolution 2016-27) Approved 6-0, Terry Bornemann excused.

190. Declare a substantial need for the purposes of increasing the 2017 property tax levy rate? The Revised Code of Washington provides that a taxing jurisdiction may levy taxes in an amount no more than the limit factor as measured by the Bureau of Economic Analysis’ implicit price deflator for personal consumption expenditures (also known as ‘inflation’). For 2016, the resulting implicit price deflator increase of 0.953 percent is less than the statutorily allowed 1 percent. Therefore, a resolution of substantial need is necessary in order to increase the property tax levy to the full 1 percent. Increases the 2017 property tax levy from $191,000 to $200,000 or approximately $9,000. AB21418 (Resolution 2016-28) Approved 6-0, Terry Bornemann excused.

191. Grant a final plat approval for the Village Green preliminary plat? The preliminary plat consists of 15 single-family, detached lots served by Elmhurst Court, a newly dedicated right of way, generally located at 1112 Yew Street in the Whatcom Falls neighborhood. All applicable conditions of the preliminary plat necessary to support the plat have either been completed or financial sureties accepted. The Bellingham Hearing Examiner issued preliminary plat approval for the Village Green preliminary plat on 7/7/2006. AB21425 (Resolution #2016-29) Approved 6-0, Terry Bornemann excused.

192. Approve the vacation of an unnamed right-of-way located north of West Bakerview Road between Pacific Highway and Dover Street? This ordinance was originally passed at 12/2/2013 meeting, vote #263, but was rescinded at the 12/9/2013 meeting, vote #272, due to a processing error. Costco Wholesale submitted a land use applications to build a warehouse on abutting property. As part of the proposed development Costco Wholesale would be required to dedicate and improve Arctic Avenue from West Bakerview Road north to Division Street/Mahogany Avenue and additional width of Dover Street between West Bakerview Road and the subject right-of-way. Payment for the vacation of the subject right-of-way is not required. AB20196 (Ordinance 2016-11-036) Approved 6-0, Terry Bornemann excused.

Action Taken at November 14, 2016 Meeting
Shall the council:

193. Change the name of Franklin Park to Harriet Spanel Park? Harriet Spanel, who died earlier this year, was an active member of the Bellingham community, including representing the 40th District for three terms in the state House of Representatives from 1988 through 1993 and four terms in the state Senate from 1994 through 2009. She was also one of the proponents for converting the old Franklin school site into a park. The Sehome Neighborhood Board, York Neighborhood Association and Parks and Recreation Advisory Board all passed motions for the name change. It will cost up to $500 to change the park identification sign. (AB21427) Approved 7-0

194. Authorize the mayor to sign an agreement with Whatcom County and the Port of Bellingham to continue funding economic development services? At the 12/13/2010 meeting, vote #235, the city joined with Whatcom County and the Port of Bellingham on a multi-year basis to increase efficiency in coordination of economic development activities. The agreement was extended at the 12/9/2013 meeting, vote #271. Economic development services are business retention, expansion, recruitment, assistance and supporting research. The city, county and port have been funding the Small Business Development Center at Western Washington University since 2011, and in 2015 decided to market Whatcom County including the creation of the website. The financial commitment for the city is $66,250 in 2017, $71,850 in 2018 and $73,650 in 2019. Total three year cost for the city, county and port is $847,000. The agreement expires on 12/31/2019. (AB21429) Approved 6-0, Terry Bornemann excused.

195. Sign (individually) a letter supporting the strengthening of the Model Toxics Control Act? First approved as Initiative 97 at the 1988 general election, the act taxes polluting chemicals and uses the funds to clean up those toxic substances. The letter is addressed to the Association of Washington Cities, Association of Washington Counties and the Washington Public Ports Association. The letter has three objectives and asks the goals be incorporated into their planning for the 2017 legislative session. (old/new business) Approved 7-0

196. Appropriate an additional $6,000 in the 2017/18 budget for the Bellingham-Whatcom County Commission Against Domestic Violence? The council is increasing commission funding from $54,000 to $60,000 per year for the next biennium. Since 2009, the commission has received $54,000 per year from the city of Bellingham. This increase aligns with commission request that Whatcom County increase funding from $35,000 to $60,000 annually. (AB21386) Approved 6-1, April Barker opposed.

197. The mayor appointed Michael Chiavario to the Parks and Recreation Advisory Board. The board advises the City Council, mayor, director of Parks and Recreation, as well as other city departments concerning the formulations of policy and implementation, plans and programs calculated to carry out the duties of maintaining city parks and providing a program for the general welfare of the people of the city. This will be his first term, which will expire on 11/22/2019, at which time he may be reappointed. He has lived in Bellingham for 48 years, is a former member of the Greenway Advisory Committee (1991-1996) and was employed by the Whatcom County Parks Department for 20 years. (AB21433) This position does not require council confirmation.

198. Authorize the mayor to award low bids totaling $67,835 for water distribution accessories? The components are ductile iron fittings, sleeves, tees, caps, plugs, reducers, adapters, couplings, macro-couplings, pipe-restraints and grip rings needed to maintain the water distribution system and maintenance projects. The components were divided into 11 groups, bids were separate for each group. Bids were received from four companies, HD Fowler of Bellingham was the lowest bidder for four groups at $39,112 and by HD Supply of Bellingham was the lowest bidder for seven groups at $28,723. (AB21434) Approved 7-0

199. Authorize the mayor to sign an agreement with the state of Washington to sponsor a Puget Sound Conservation Corps crew to support the Natural Resources Division of the Public Works Department? The work will take place over one month between 11/1/2016 and 4/30/2017 at no cost to the city. The total value of the SoundCorps crew is approximately $12,000. Crews will perform forestry maintenance and restoration work throughout the city of Bellingham and potentially the Lake Whatcom watershed. (AB21436) Approved 7-0

200. Authorize the mayor to sign an agreement with the state of Washington to sponsor a Puget Sound Conservation Corps crew to support the Parks and Recreation Department? The SoundCorps crew will provide 209 hours over the span of one month for habitat, stormwater and watershed restoration projects in city parks at no cost to the city. (AB21437) Approved 7-0

201. Appropriate $3,046,972 for payroll checks issued from October 11 through October 25, 2016? (AB21438) Approved 7-0

202. Appropriate $2,088,425 for goods and services checks issued from October 29 through November 4, 2016? (AB21439) Approved 7-0

203. Adopt the 2016 Bellingham Comprehensive Plan? The draft plan, public comments, and comment trackers are located at 2016-update.aspx. The deadline for written public comment was 10/20/2016. Several work sessions and public hearings on the Comprehensive Plan update were held with City Council from 2014-2016. At the 8/31/2015 meeting, vote #168, the council updated the 20-year population forecast. AB21247 (Ordinance 2016-11-037) Approved 6-1, Terry Bornemann opposed.

204. Amend the Comprehensive Plan to allow a zoning request from Lydia Place? (Public hearing held on 7/11/2016) Lydia Place, a non-profit housing and social service provider for women and young children for over 25 years, proposed an amendment to the text of Area 6 in the Puget Neighborhood Plan and the zoning table to allow the construction of up to 11 studio apartments at 1701 Gladstone Street. At the 4/11/2016 meeting, vote #58, the council voted to docket the request for the zoning amendment. AB21294 (Ordinance 2016-11-038) Approved 7-0

205. Amend sections of the Bellingham Municipal Code to adopt by reference several criminal codes of the Revised Code of Washington? In order to prosecute state laws in Municipal Court, the city must first adopt the specific state code provisions by reference into the city’s municipal code. The specific provisions relate to disclosing intimate images, surrender of weapons, and failure to register as a sex offender or kidnapping offender. AB21398 (Ordinance 2016-11-039) Approved 7-0

206. Appropriate an additional $1,122,100 to account for a change in accounting practice? Previously, the city accounted for Medic One tax revenue using a contra-revenue account to net the revenue to zero. The Washington State auditors recommend that the city recognize the tax revenue and the corresponding expense for the revenue passed on to Whatcom County. There is no overall change to the 2015-16 budget, but it does require a budget amendment to recognize the revenue and to appropriate the expenditure. This is a housekeeping vote. AB21415 (Ordinance 2016-11-040) Approved 7-0

207. Appropriate $320,000 for the 2015/2016 Medic One budget? Funds will be used to purchase an ambulance, for unanticipated building repairs, and for retroactive salary and benefits paid to paramedics. Previously, the council approved IAFF Local 106 collective bargaining agreement at the 7/5/2016 meeting, Vote 116. AB21416 (Ordinance 2016-11-041) Approved 7-0

208. Adopt the 2017 property tax levy? (Public hearing held on 10/24/2016.) Each year, as part of the budget process, the City Council establishes the property tax levy rates for the following year; a city ordinance reflecting this action is due to the county assessor’s office by 11/30. When the county assessor provides a final property assessment, staff will prepare a modified resolution. The dollar amount of the increase over the actual levy amount from the previous year shall be approximately $200,000 of additional revenue for the general fund, affordable housing, and fire and police pension funds. AB21419 (Ordinance 2016-11-042) Approved 7-0

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