Bellingham City Council

The city of Bellingham and the Lighhouse Mission proposed building a low barrier shelter for homeless individuals at 801/807 Roeder Avenue. At the 4/24/2017 meeting, vote #69, the City Council approved sending a letter to the Port of Bellingham offered $300,000 in exchange for the port relinquishing its option to purchase the property. The Port Commission at the 5/2/2017 meeting, vote #56, did not take the offer, they decided to purchase the property. The city and the Lighthouse Mission are strategizing on another site for a shelter. In the meantime, they are working to provide temporary space to house persons experiencing homelessness.

Action Taken at May 8, 2017 Meeting

Shall the council:
78. Withdraw city protections in the legal case against David Alan Frick? Mr. Frick started working part time at the Arne Hanna Aquatic Center in 1996 and became a full-time employee in 2007; police arrested him on charges of voyeurism and possessing child pornography on 8/4/2016. Under Bellingham Municipal Code and state law, an employee whose actions are intentional or willful and wanton, or were not performed in the scope of the employee’s duties is not entitled to be defended by the city in a suit for damages. See (Discussed in Executive Session) Approved 7-0

79. Authorize the mayor to award the low bid of $236,222 to Colacurcio Brothers of Bellingham for the 12th and Mill Intersection improvements? The project involves creation of a new street including sidewalks, curb/gutter striping, retaining walls and illumination, and will also include intersection improvements at 12th and Mill. The city received two bids, the high bid was $245,670. The engineer’s estimate was $320,370. (AB21608) Approved 7-0

80. Authorize the mayor to award the low bid of $788,669 to Colacurcio Brothers of Bellingham for E North Street and E Oregon Street phosphorus reduction retrofit? The project involves construction of water quality facilities near E. North Street and E. Oregon Street in the Lake Whatcom watershed by installing drainage, asphalt, plantings and performing earthwork.This project is financed with state grants up to a maximum of $691,562, with $371,687 allocated for the E. North Street project and $319,876 for the E. Oregon Street project. Costs above that amount will come from designated watershed funds. The city received seven bids, the high bid was $1,139,880. The engineer’s estimate was $809,061. (AB21609) Approved 7-0

81. Authorize the mayor to award the only bid of $1,141,959 to RAM Construction of Bellingham for public access improvements to the Central Avenue pier? The engineers estimate was $752,816. The Central Avenue pier is the pedestrian gateway to the Waterfront District. This park promenade will provide a connection to Whatcom Waterway Park. This second phase of a multi-phase park development project includes the infrastructure to widen the existing pier and provide pedestrian access to the Granary Building, building a new steel pier structure, new hand rails, landscaping, park amenities, and other improvements to the existing pier. The first phase was approved at the 12/5/2016 meeting, vote #210, it was completed earlier this year and included creosote piling removal, installation of new steel piling, and shoreline habitat enhancement. (AB21611) Approved 7-0

82. Approve the mayor’s appointment of John Paul Van Mieghem to the Transportation Commission? The Transportation Commission advises the City Council on transportation planning and transit issues, ensures that transportation investments are consistent with Comprehensive Plan goals and advises the council on parking fees, bicycle and pedestrian plans, downtown and citywide circulation plans, fines and collection methods, off-street parking contracts and possible expansion of residential parking zones. Dr. Van Mieghem, an anesthesiologist with a doctoral degree in medicine from University of Washington, is a four year resident of Bellingham and is an active member of the Columbia Neighborhood Association. His term will expire on 5/8/2020 at which time he may be reappointed. (AB21614) Approved 7-0

83. Appropriate $3,273,096 for goods and services checks issued from April 15 through April 28, 2017? (AB21616/AB21617) Approved 7-0

84. Appropriate $3,141,781 for payroll checks issued from April 11 through April 25, 2017? (AB21618) Approved 7-0

85. Release a utility easement located at 1514 12th Street? (Public hearing held) The release is conditioned on the owner constructing a replacement stormwater facility in the adjacent alley, it will render the existing easement surplus to the city’s utility needs. The release will facilitate development of the property. AB21603 (Resolution 2017-20) Approved 7-0

86. Relinquish a utility easement located in the vacated portion of East Laurel Street? (Public hearing held) The southwesterly six feet of easement between North Forest and North State is surplus to the city’s needs and is not required for providing continued public utility services. On 3/11/1991, the city passed an ordinance vacating the six feet of East Laurel Street abutting all of Block 68, map of the town of New Whatcom; the owners have requested that the city relinquish the retained utility easement to facilitate development of the adjacent lots one and eight. AB21604 (Resolution 2017-21) Approved 7-0

87. Use the Job Order Contracting process for Public Works projects up to $350,000? The city uses a conventional bid process for nearly all Public Works projects, which works well for large projects but can be cumbersome, time consuming and expensive for small-scale projects. Job Order Contracts reduce unnecessary levels of engineering, design, and contract procurement time and costs by awarding multi-year contracts for a variety of renovation, repair and construction projects. It means a contractor agrees to complete each project based on a unit price listed in a book adopted by the city. Total dollar amount for each contract is $4 million per year, 90 percent of the work must be sub-contracted. AB21588 (Resolution 2017-22) Approved 7-0

88. Authorize the 2017 action plan of the 2013-2017 consolidated plan? The action plan designates city use of federal funds for low and moderate-income households. It allocates federal Community Development Block Grant and HOME Investment Partnership Program funding ($2,744,320 or 42.3 percent), city housing levy funds ($3,246,613 or 50.1 percent) and city general funds ($485,760 or 7.5 percent ) to homebuyer, public facilities, housing preservation and production, rental assistance and services. AB21619 (Resolution 2017-23) Approved 7-0

89. Form a Regional Fire Authority Planning Committee? The Bellingham Fire Department and Whatcom County Fire Protection District 8 have a long-term cooperative relationship. They entered into a joint operation and service agreement in 2011, an administrative services agreement in 2013, and a fire and emergency medical services agreement at the 6/20/2016 meeting, vote #94. A initial step in establishing an Regional Fire Authority for the governance, design, financing, and development of fire protection and emergency services is the formation of a regional fire protection service authority planning committee; two council members will sit on the planning committee along with Mayor Kelli Linville and three Fire District 8 Commissioners appointed by the District Board of Commissioners. The six elected officials will comprise the Bellingham-Fire District 8 Regional Fire Authority Planning Committee. AB21587 (Resolution 2017-24) Approved 7-0

90. Grant final plat approval for Division 2 of the Larrabee Springs preliminary plat? Division 2 consists of 39 single-family, attached lots served by newly dedicated rights of way, Springside Street and Springside Lane, located south of Kline Road, generally between Cordata Parkway and Aldrich Road. At the 4/18/2016 meeting, vote #62, the council authorized the mayor to sign a development agreement with Larrabee Springs, Inc. The agreement addressed the designation of Horton Road as the east-west connector for the Cordata PUD and Larrabee Springs’ financial contribution ($1.5 million, $500,000 of which will go to the city and $1,000,000 will go to Whatcom County) for the construction of Horton Road. Division 1, consisting of 42 lots, was approved by City Council in 2015. AB21615 (Resolution 2017-25) Approved 7-0

91. Reauthorize $23,854,031 for goods and services ordered in 2016, but unpaid at year end? At the end of each year there are contracts and purchase orders that are not completed or processed until the following year. AB21593 (Ordinance 2017-05-010) Approved 7-0

92. Reauthorize $12,944,282 for goods and services budgeted in 2016, but without purchase orders or contracts by the end of the year? Each year the city has a number of goods, services and projects that are authorized but no action has been taken in the form of a contract of purchase order by year end. Phasing of large projects, permitting, or other unanticipated changes in the project schedule necessitates requesting that funds be carried over into the 2017 budget. This ordinance will reappropriate the funds for these commitments and payment in 2017. AB21594 (Ordinance 2017-05-011) Approved 7-0

93. Adjust the beginning balances for the 2017 budget by $60,704,320 to account for differences between the estimated and actual year-end balance? The budget is drawn up before the end of the year and estimates are used. The 2017 beginning reserves budget will increase from estimated reserves of $137,321,393 to actual reserves of $198,025,713. Reserves at the end of 2017 are estimated at $144,705,805. The city budget is available at City Hall or online at AB21595 (Ordinance 2017-05-012) Approved 7-0

Action Taken at May 22, 2017 Meeting

Shall the council:
94. Approve the mayor’s appointment of Paul Stephenson 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. Stephenson, a retired foreign service officer for the U.S. Dept. of State, has lived in Bellingham for the past 12 years and is a graduate of both the U.S. Army War College and the Foreign Service Institute, and has a bachelor’s degree in history and a master’s degree in Chinese studies. His first term will expire on 6/1/2020, at which time he may be reappointed. (AB21627) Approved 7-0

95. Appropriate $3,467,570 for goods and services checks issued from April 29 through May 12, 2017? (AB21629/21630) Approved 7-0

96. Authorize the mayor to sign an agreement with Washington Department of Fish and Wildlife for public education? The aquatic invasive species prevention program will partner with the Washington Department of Fish and Wildlife to conduct public education and outreach events for up to six days per year in 2017 and 2018 at the Lake Terrell boat launch. Outreach will include voluntary exit inspections. The city anticipates revenue of $6,750. (AB21632) Approved 7-0

97. Authorize the mayor and police chief to sign an agreement with the state of Alaska for a K9-unit at the Bellingham Cruise Terminal in Fairhaven? The goal is to deter and discourage individuals from bringing explosive devices or drugs onboard Alaska ferry vessels. The city shall provide a K9 explosive team consisting of a canine and handler, both certified by the Washington Police Canine Association in explosives detection and meeting the requirements of the Washington Administrative Code. (AB21633) Approved 7-0

98. Declare an emergency to authorize immediate repairs and permanent fix at the Post Point sewage treatment plant? On 5/6/2017, a 30-inch diameter pipe connecting the secondary clarifiers to the aeration basins failed at Post Point. The pipeline is critical to the health of the activated sludge biological process used in the secondary treatment process. The pipe failure resulted in significant flooding of the underground galleries and damages to the facility and equipment. Staff are currently working to create a temporary above ground bypass pipe, preserve and restore the secondary treatment process and begin permanent repairs. The permanent repair needs to be in place before the fall rainy season. An estimate for full repair and restoration is still being developed. Costs will be paid from the sewer rund reserves. It is expected that a budget amendment, to be determined at a later date, will be necessary to move reserve funds into the operating budget. AB21622 (Resolution 2017-26) Approved 7-0

99. Exempt the Lighthouse Mission’s emergency shelter from the state building code requirements? The Lighthouse Mission is operating an interim, low-barrier shelter at their drop-in center building located at 1013 W. Holly Street. The use of the building as a shelter is permitted by zoning; however, the Lighthouse Mission’s building does not comply with all requirements of the state building code. The city’s building official and fire marshal have determined that the building’s code deficiencies pose no threat to human life, health, or safety, and planning staff has determined that the building meets all the other applicable criteria of state law. This resolution allows the continued operation of the interim shelter without strict compliance with the code in order to continue to provide housing for indigent persons. AB21625 (Resolution 2017-27) Approved 7-0

100. Set 7/14/2017 at 6:00 p.m. for a public hearing before the Bellingham Hearing Examiner to consider a street vacation for portions of Bennett Road and June Road in the Cordata Neighborhood? The city of Bellingham and Mersey LLC are the sole property owners abutting the subject right-of-way; Mercy LLC proposes the city vacate the subject right-of-ways in order to conduct a required wetland mitigation. AB21631 (Resolution 2017-28) Approved 7-0

101. Amend the Fairhaven Urban Village sign regulations? (Public hearing held on 5/8) The “running list” of amendments includes measures addressing fencing materials used on common property lines between different zoning designations, establishing a review process and criteria that would allow the Planning and Community Development director to determine unclassified uses in commercial and industrial zones, and adopting additional language for projecting and building mounted signage in the Fairhaven Urban Village. AB21605 (Ordinance 2017-05-013) Approved 7-0

102. Update development regulations for fencing materials between commercial and residential zones in urban villages? (Public hearing held on 5/8) The Bellingham Municipal Code does not address the type of fencing materials used in urban villages, which can create compatibility and transitional concerns between commercial and residential zones. The code changes ensure fencing is designed to be integrated with building architecture and specifically prohibits chain link fencing on transitional zone boundaries. AB21606 (Ordinance 2017-05-014) Approved 7-0

103. Create a review process and criteria that will establish and clarify whether unlisted uses are permitted or prohibited in commercial and industrial zones? (Public hearing held on 5/8) Not all types of uses are clearly identified in the Permitted Uses section of the commercial and industrial land use development regulations, which can often create uncertainty for business owners and staff. Establishing a review process and criteria ensures that these industrial and commercial use interpretations are standardized, efficient for the applicant and staff, reviewed in relation to comparable impacts generated by permitted uses and consistently applied. AB21607 (Ordinance 2017-05-015) Approved 7-0

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