Bellingham City Council

232A. Set the time and dates for the 2009 regular council meetings? Twenty-six meetings are scheduled for 2009, two less than were scheduled for 2007 and the same number that were scheduled for 2006. AB18230 (Resolution 2008-40) Approved 7-0

Shall the council:

327. Accept the donation of a 21,051 square foot parcel bordering Squalicum Park? The parcel is near Squalicum Creek and is part of a stream reclamation and daylighting project to improve fish habitat. The Allsop family donated the property. (Executive Session) Approved 7-0

328. Spend $1,530,000 to purchase a .71 acre parcel of property located at 1115 Cornwall Avenue? The vacant lot is located on the northeast corner of Maple and Cornwall and may be used for a parking structure. The parcel is being purchased from Pacific Financial Corporation, dba Bank of the Pacific. (Executive Session) Approved 7-0

329. Spend $1,300,000 to purchase 60 acres (three parcels) located in the Lake Whatcom watershed? The three parcels, 20 acres, 38 acres and 2 acres, are located to the east of Agate Bay and north of the lake at 3205 Sheridan Trail Road, between BPA power lines and city watershed lands. The purchase is part of the Lake Whatcom Watershed Property Acquisition Program. The parcels are being purchased from Shiraz and Nelia Balolia and Woodstock International, Inc. (Executive Session) Approved 7-0

330. Spend $395,000 to purchase a .42 acre parcel of waterfront property in the Lake Whatcom watershed? This beachfront property is located between the lake and North Shore Road, about 1/4 mile east of the Olsen Creek Bridge, (between 2669 and 2694 North Shore Road). The purchase is part of the Lake Whatcom Watershed Property Acquisition Program. The parcel is being purchased from Robert and Celeste Shipp. (Executive Session) Approved 7-0

331. Approve a settlement in the case of Pacific Crest Partners v. City of Bellingham? Pacific Crest Partners owns 23 acres of unimproved land. The company submitted a plat application to subdivide the property into approximately 52 single-family lots. The Bellingham Hearing Examiner imposed a number of conditions on the application and the City Council upheld the conditions. Pacific Crest appealed the hearing examiner decision to Superior Court. This settlement will resolve the street improvement and sprinkler conditions that were the basis of the lawsuit. (Executive Session) Approved 7-0

332. Ratify the supervisor and professional unit contract with Teamsters Local 231? The two-year contract begins on 1/1/09 and ends on 12/31/10, it affects approximately 100 employees. Some of the contract terms are: wages will increase by 2.75 percent on 1/1/09, by 2.0 percent on 1/1/10 and by 1.0 percent on 7/1/10; the city will pay 91 percent of the health and welfare plan and there will be a market study of a supervisor’s classification. (Executive Session) Approved 7-0

333. Authorize the mayor to award the sole bid of $512,300 to Fournier Industries of Thetford Mines, Quebec, Canada, for a new rotary press for the Post Point sewer treatment plant? The rotary press removes water from solids so they can be incinerated. The new equipment will have improved controls and reduced electrical usage. Forty bids were solicited and one was received. (AB18239) Approved 7-0

334. Authorize the mayor to award the low bid of $118,000 to Western Refinery Services of Ferndale for the demolition of the former RE Store building at 600 W. Holly? The site will be cleared of two buildings and prepared for redevelopment. The contract requires recycling, salvaging or reusing at least 50 percent of construction, demolition and land-clearing wastes. One hundred and thirty-three bids were solicited and 15 bids were received. (AB18242) Approved 7-0

335. Authorize the mayor to award the low bid of $225,510 to Veca Electric of Bellingham to replace the primary transformer and automatic transfer switch at the city’s water treatment plant? The equipment being replaced is over 25 years old. Sixty-one bids were solicited and three bids were received. (AB 18245) Approved 7-0

336. Appropriate $2,915,979 for payroll checks issued from November 1 through November 15, 2008? (AB18246) Approved 7-0

337. Appropriate $4,507,819 for goods and services checks issued from November 14 through November 21, 2008? (AB18247) Approved 7-0

338. Annex approximately 635 acres identified as the East Bakerview-James Street (King Mountain) annexation? (Public hearing held on 8/4) This annexation was initiated on 9/11/06, and was approved by the Boundary Review Board on 4/27/08. The 635 acres are located within the city’s northern Urban Growth Area, surrounded on three sides by the city limits with Mount Baker industrial area to the east (Irongate Road), Meridian neighborhood to the west (Primrose Lane), and Sunset Square commercial center to the South (McLeod Road). The total assessed property value in the area is approximately $100 million. The area includes residential, commercial and agricultural properties as well as wetlands around Telegraph and Baker creeks. AB18076 (Ordinance 2008-12-106) Approved 6-1, Jack Weiss opposed.

339. Annex approximately 12 acres identified as the San Juan/Yew Street annexation? (Public hearing held at 8/11 meeting) At the 9/25/06 meeting, vote number 237, the council initiated the review process for this annexation. The 12 acres are located adjacent to city limits in the Yew Street Urban Growth Area. They border the city limits on two sides. The Pacificview subdivision is on the west and Spieden Place is on the north. The county’s 83-lot Woodbine subdivision is to the south. The area includes several wetlands, and wetland studies should be required before development. The total assessed value of the property is approximately $2,088,995. AB18089 (Ordinance 2008-12-107) Approved 6-1, Jack Weiss opposed.

340. Extend the permanently affordable homeownership project for two years? (Public hearing held) The project was first approved at the 11/22/04 meeting, vote number 257, extended at the 12/5/05 meeting, vote number 258, and the 12/4/06 meeting, vote number 299. The project is scheduled to expire on 12/31/08. So far, one project by the Kulshan Community Land Trust at Harris and 15th has been completed under the affordable homeownership project. Projects may receive up to a 50 percent density increase and modification of development standards. This vote extends the project to 12/31/10. AB18225 (Ordinance 2008-12-108) Approved 7-0

341. Amend the 2008 budget for water revenue bonds issued in 2008? At the 7/21/08 meeting, vote number 218, the council approved the issuance of up to $6,150,000 in tax-free bonds to continue the Lake Whatcom Property Acquisition Program. On 8/21/08, the city received $6,040,000 in bond proceeds. The issue costs were $29,381 leaving $6,010,619 for land acquisition. AB18237 (Ordinance 2008-12-109) Approved 7-0

342. Appropriate a $99,626 gift for the Bay-Holly Street intersection improvement project? The gift is from the Campaign for the Arts fund of the Whatcom Community Foundation. The intersection of Bay and Holly streets will be the “gateway” to the arts district and will include a plaza, seating, lighting, landscape and artwork. The total amount of private funding available is $150,000. The remainder will be available to the city in 2009. AB18226 (Ordinance 2008-12-110) Approved 7-0

343. Adopt zoning changes to the lettered streets neighborhood plan? (Public hearing held on 3/3/08) The lettered streets neighborhood plan amendment includes zoning and subarea boundary changes and amendments to the land-use and development code. The zoning of two neighborhood subareas would be changed from residential multi to residential single, which is more in keeping with the buildings in those areas. AB17857 (Ordinance 2008-12-111) Approved 7-0

344. Amend the Samish neighborhood plan? (Public hearing held on 11/10/08) Under this amendment, undeveloped land in the Samish neighborhood at the Northeast corner of Lincoln St. and Elwood Avenue will be rezoned from single-family residential to low- density commercial. Yorkston Oil submitted the rezone request for the property on 11/20/07 and the request was docketed in March of 2008. After the public hearing, the applicant attached a covenant stating that no gas station would be built on the property. AB18211 (Ordinance 2008-12-112) Amended and approved 7-0

345. Amend the transportation concurrency management ordinance? (Public hearings held) The new plan should ensure that adequate multimodal transportation (bike, pedestrian, car, transit, etc.) capacity is available prior to or concurrent with final approval of development permits. Concurrency means that adequate transportation facilities are in place at the time of or within six years of development approval. The Growth Management Act requires that the city only approve development permits if the development would not cause the level of service to fall below the city’s adopted standard. Public hearings were held at the 8/7/08, 9/4/08 and 11/3/08 meetings. AB18195 (Ordinance 2008-12-113) Approved 7-0

346. Amend the comprehensive plan to include a new parks chapter and amend the capital facilities chapter? (Public hearing held on10/20/08) The Growth Management Act requires that comprehensive plans include a parks and recreation section which is consistent with the capital facilities section. The parks plan must evaluate the needs and estimate the demands of parks and recreation for at least a 10-year period. The council approved a draft of the six-year update of the parks plan at the 5/20/08 meeting, vote number 148. At the 11/3/08 meeting council requested the addition of level-of-service comparisons and also a financial analysis of the plan. AB18176 (Ordinance 2008-12-114) Approved 5-2, Terry Bornemann and Barbara Ryan opposed.

This was a joint meeting with the Port of Bellingham Commission to discuss the Waterfront District.

347. Approve a list of nine economic development projects for the Waterfront District that will be submitted to the U.S. Congress? President-Elect Barack Obama is developing a stimulous package of infrastructure projects, which is expected to be presented to Congress almost immediately after he takes office on January 20, 2009. See the Port Commission meeting on 12/12/08, vote number 141, for details on the Waterfront District projects that were forwarded to the federal delegation for inclusion in the stimulus package. (AB18250 ) Approved 7-0

Shall the council:

348. Authorize the mayor to execute a standstill agreement with the Port of Bellingham on pending litigation: Port of Bellingham v. City of Bellingham? In October, the city filed both an appeal to the port’s decision to demolish buildings at the former G-P site and a notice assuming lead agency status for the project. Since that time the port and the city have held several joint public meetings in an attempt to reconcile differences over redevelopment of the waterfront. (Executive Session) Approved 6-0, Jack Weiss excused.

349. Ratify the mayor’s decision to file a State Environmental Policy Act appeal in the matter of City of Bellingham v. Port of Bellingham? The city has filed an appeal in response to the port’s mitigated determination of nonsignificance (MDNS) for demolition of three historic buildings on the G-P site: the pulp storage, screen room and bleach plant building. Because the port filed the MDNS and requested demolition permits before completion of the final environmental impact statement, the city has also filed a notice assuming lead agency responsibilities for State Environmental Policy Act requirements on the demolition projects. The draft EIS, completed in Jan. 2008 identifies 13 buildings, including these three as potential historic sites, and also states that final decisions on the removal or retention of buildings would be made by both the port and the city in conjunction with site developers. (Executive Session) Approved 6-0, Jack Weiss excused.

350. Appropriate $3,132,614 for payroll checks issued from November 16 through November 30, 2008? (AB18267) Approved 6-0, Jack Weiss excused.

351. Appropriate $2,927,906 for goods and services checks issued from November 21 through December 5, 2008? (AB18268) Approved 6-0, Jack Weiss excused.

352. Order the cancellation of uncashed checks more than one year old? The checks were issued between 8/17/06 and 6/30/07. The total for 32 uncashed checks is $1,809. The money will be held by the city for one year and then transferred to the state of Washington as abandoned property where it will remain available to the payee indefinitely. AB18266 (Resolution 2008-41) Approved 6-0, Jack Weiss excused.

353. Approve the 2009 budget? The year 2009 begins with reserves of $87,272,784 and anticipates revenue of $196,195,304, expenditures of $216,090,472 and ending reserves of $67,377,616. AB18201 (Ordinance 2008-12-115) Approved 5-1, Stan Snapp opposed and Jack Weiss excused.

354. Authorize a $2,800,000 loan to the Bellingham-Whatcom Public Facilities District for the construction of the art and children’s museum? This loan and the sale of $10 million in bonds by the facilities district was approved at the 10/22/07 meeting, vote number 216. The interest and principle must be repaid by 2/31/18. At the 7/16/07 meeting, vote number 141, the council voted to guarantee the repayment of public facilities bonds if the district can’t repay them. AB18240 (Ordinance 2008-12-116) Approved 6-0, Jack Weiss excused.

355. Appropriate $1,687,438 in grant funds and private donations to the Bellingham-Whatcom Public Facilities District? The Campaign for the Arts has committed to raise $4 million for the new art and children’s museum and Mount Baker Theatre improvements. This appropriation is the amount the Campaign for the Arts has raised to date. AB18241 (Ordinance 2008-12-117) Approved 6-0, Jack Weiss excused.