Bellingham City Council

Action Taken at June 4, 2018 Meeting

Shall the council:
75. Direct staff to work with the Governors Point owner and move forward with a wholesale water agreement? At the 6/29/2009 meeting, vote #140, the council denied a wholesale/retail water application to serve a proposed 141-lot subdivision on Governors Point. On 4/13/2018, Governors Point Land LP applied for wholesale water service for 16 new residences and two supplemental non-residential connections on the 125-acre Governors Point property located outside the city limits and outside the city’s Urban Growth Area. The city is required to evaluate the application based on criteria such as consistency of the project with the relevant city and county regulations and development standards and whether providing water is in the city’s best interest, and includes environmental and economic impacts and goals. Conditions were outlined in the Public Works Director’s response to the Governors Point owners. (AB21967) Approved 7-0

76. Authorize the mayor to sign an agreement allowing the city of Ferndale the emergency use of water? The city of Ferndale has requested an emergency water supply agreement with the city of Bellingham. The agreement allows interconnections between public water systems permitting the temporary exchange or delivery of water between systems. Such agreements allow for limited, short-term use of water, typically less than 60 days, and address required conditions including design and construction, cost, ownership, maintenance and use. As proposed, the city of Ferndale would bear the full cost of construction and on-going maintenance of the connection and components, and all construction and installation would be inspected by the city of Bellingham and approved only if built to the city’s standards. (AB21968) Approved 7-0

77. Authorize a new jail facilities use agreement? The previous jail facilities use agreement was approved at the 6/20/2016 meeting, vote #97, and ran from 7/1/2016 through 6/30/2018. Whatcom County has proposed a new jail facilities use agreement for continued use of the facility from 7/1/2018 through 6/30/2020. The proposed agreement has many terms that are similar to the current agreement. A local jail housing services option is needed and will be used in addition to the Yakima County jail and various alternatives to jail. (AB21972) Approved 4-3, April Barker, Dan Hammill, Michael Lilliquist opposed.

78. Authorize the mayor to appoint committees “for” and “against” the Low-Income Housing ballot measure? The Whatcom County Auditor requires that prior to submission of a ballot measure, the city must formally appoint a committee “for” and a committee “against” the measure to prepare statements for the voter’s pamphlet. Initial statements are due on 8/13/2018. (AB21973) Approved 7-0

79. Authorize the mayor to award the low bid of $209,669 to Beynon Sports from Tualatin, Oregon, for Civic Field track resurfacing? The engineer’s estimate was $235,817. At the 4/30/2007 meeting, vote #88, the council approved a low bid of $91,333 to Atlas Tracks of Tualatin, Oregon, — Altlas merged with Beynon in 2012 — for the resurfacing of the Civic Field track. The 2007 track resurfacing is showing major signs of wear-and-tear as it is a public-use facility and also a local venue for track and field competitions and events. The improvements consist of cleaning, repairs to the base mat, new top coatings, painting new track lines and pole volt plug boxes, steeplechase removable cover and other improvements. The work will be funded by the Greenway levy and is scheduled to be completed by August 2018. Two bids were received, the high bid was $225,748. (AB21975) Approved 7-0

80. Appropriate $4,965,468 for goods and services checks issued from May 12 through May 25, 2018? (AB21977/21978) Approved 7-0

81. Place the Bellingham Home Fund levy on the November 2018 general election ballot? At the 5/7/2018 council meeting, Mayor Kelli Linville requested staff to bring forward a resolution to place the renewal of the low-income housing levy on the general election ballot. The measure would replace and enhance the existing housing levies by authorizing property taxes for 10 years to fund programs for low-income housing and related services. The levy would run from 2019 through 2028. The existing levy was passed by voters at the 11/6/2012 general election with 56.6 percent approval. It increased the property tax levy by $0.12 per $1,000 of assessed property value for “low-income housing,” and authorized a levy of $.24 per $1,000 assessed valuation for “very low-income housing” as allowed by state law. This resolution includes the proposed ballot title as well as an exhibit that sets forth the proposed targets, including production and preservation of homes, rental assistance and support services, low-income homebuyer assistance, acquisition and opportunity loans, and program administration. The proposed levies authorize $.36 per $1,000 assessed valuation for a 10-year period, raising up to $40M million in total or $4 million annually. AB21947 (Resolution 2018-09) Approved 7-0

82. Adopt the annual six-year (2019-2024) transportation improvement program? (Public hearing held on May 21.) 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. Projects funded include street repaving, bridge repair, intersection, sidewalk and crosswalk maintenance, WTA expansion, and other transportation projects. AB21954 (Resolution 2018-10) Approved 7-0

83. Set June 27, 2018, for a public hearing before the Bellingham Hearing Examiner for consideration of a street vacation petition for a portion of right-of-way near 107 W. Chestnut Street? The petitioner proposes to vacate the subject right-of-way in order to legalize existing development and allow parking on this site. After the public hearing, the hearing examiner’s findings will be forwarded to the City Council for a closed record hearing where consideration and approval of a street vacation occurs. AB21976 (Resolution 2018-11) Approved 7-0

Action Taken at June 18, 2018 Meeting

Shall the council:
84. Spend $91,256 to purchase one-quarter acre of unimproved watershed propery from the Douglas K. Avery Revocable Trust? It is a Lake Whatcom watershed property acquisition, adjacent to property the city already owns and is being purchased to help maintain/improve the drinking water quality in Lake Whatcom. The property is being purchased with money from the water fund. (Discussed in Executive Session.) Approved 7-0

85. Authorize the mayor to award the low bid of $1,019,866 to Colacurcio Brothers of Blaine for pedestrian and bicycle improvements taking place citywide? The engineer’s estimate was $1,153,000. The 2018 Transportation Benefit District pedestrian and bicycle Improvements involves curb extensions, sidewalks, speed humps, pavement markings and a pedestrian-activated beacon. The city received two bids, the high bid was $1,166,232. (AB21983) Approved 7-0

86. Appropriate $6,762,613 for payroll checks issued from May 11 through June 8, 2018? (AB21990/21991) Approved 7-0

87. Appropriate $4,616,992 for goods and services checks issued from May 26 through June 8, 2018? (AB21992/21993) Approved 7-0

88. Authorize the mayor to sign a development agreement with Crystal Investments Trust to provide water and sewer service? (Public hearing held.) At the 11/6/2017 meeting, vote #188, Crystal Investment Trust proposed constructing a new Alpha Technologies building at 3465 Airport Drive and requested the City Council review the Public Works director’s decision to deny their request for water and sewer service. The City Council upheld the Public Works director’s decision because the lot was outside the city limits. Crystal Investments Trust owns two separate abutting lots on the north side of W. Bakerview Road, west of I-5, and inside the city’s unincorporated urban growth area. One of the lots is currently served by city water and sewer service, the other is not. A covenant agreement will bind the two propoerties making both available for sewer and water. AB21979 (Resolution 2018-12) Approved 7-0

89. Increase police fee payments to special events? At the 2/13/2017 meeting, vote #28, the council established permit fees for special events. The Finance Department has determine the fees for police personnel to be inadequate and will be increased from $34 to $44 an hour for open events and increased from $68 to $88 an hour for restricted events. Open events are special events that are open to the general public with no admissions fee, age or other condition of participation, or registration requirement, and restricted events are special events that charge an admission fee, are age restricted or otherwise not open to the general public, or require participants to register in advance. Some special events may trigger separate review by the Bellingham Fire Department, which may result in a separate (additional) fire operational permit and associated fees, and events which utilize reservation-based city park facilities must make a reservation and payment through the parks reservation system. AB21986 (Resolution 2018-13) Approved 7-0

90. Authorize the city to apply for a $480,000 state grant to assist phases 3 and 4 of the Squalicum Creek reroute project? At the 1/28/2013 meeting, vote #16, the council authorized the mayor to accept a $1,044,637 state loan for phase 1 of the project and at the 11/4/2013 meeting, vote #243, authorized a state loan of $1,245,280 for phase 2 of the project. At the 1/25/2016 meeting, vote #14, the state awarded the city a grant of $500,000, a loan of $616,800 and a forgivable principal of $205,627 for phase 3 of the reroute project. The state Recreation and Conservation Office requires a council resolution authorizing the city to submit and enter into the grant agreement. AB21987 (Resolution 2018-14) Approved 7-0

91. Set July 11, 2018, at 6:00 p.m. for a public hearing before the Bellingham Hearing Examiner to consider a street vacation of the remaining unimproved portion of Dover Street immediately north of Arctic Avenue? The petitioner submitted a street vacation petition for the unimproved remaining portion of Dover Street between Arctic Avenue and the south line of the Northwest Road Plat. The petitioner, Costco Wholesale and two single family property owners within the Northwest Road plat, are the property owners abutting the subject right-of-way, and there are no identified private utilities within the subject right-of-way. AB21988 (Resolution 2018-15) Approved 7-0

92. Set July 11, 2018, at 6:00 p.m. for a public hearing before the Bellingham Hearing Examiner to consider a street vacation of the eastern three feet of 27th Street generally located north of Mill Avenue? The petitioner submitted the vacation petition on May 3, 2018, in order to legalize several structures that encroach into the east edge of 27th Street. The Technical Review Committee reviewed the subject petition and found that the petition satisfies the adopted street vacation policies; the city of Bellingham provided notice to private utility companies on May 7, 2018, and were given ten days to respond. At the time of this vote one private utility company has specified that they have existing facilities within the subject right-of-way. AB21989 (Resolution 2018-16) Approved 7-0

93. Amend the city code to regulate the design standards for commercial development? (Public hearing held on June 4.) Based on Comprehensive Plan policy and a series of recommendations from the University of Washington’s Master of Urban Planning program, the city is reorganizing and consolidating the existing commercial development standards and creating a commercial design review process and commercial design standards. Design standards include topics like site design and orientation to the street, screening and buffering of commercial uses from residential zones, pedestrian connectivity, lighting, and building scale, massing and articulation. An amendment was added to allow animal grooming in animals hospitals by a vote of 6-0-1, Terry Bornemann abstained. AB21966 (Ordinance 2018-06-011) Approved 7-0

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