Bellingham City Council

Shall the council:

189. Authorize the mayor to sign an agreed order (amendment #1) with the state of Washington for the R.G. Haley site? Located at the south end of Cornwall Avenue, the site is about six acres between the railroad tracks and the bay. At the 9/14/2009 meeting, vote number 193, the City Council authorized the mayor to purchase the R.G. Haley site for $1 from the Douglas Management Company. The city assumed responsibility for the cleanup of the area estimated at between $3 million and $9 million. In 2005, the Douglas Management Company signed an agreed order with the Washington State Department of Ecology to perform a remedial investigation/feasibility study at 500 Cornwall Avenue. This amendment substitutes the city of Bellingham for Douglas Management Company as the party responsible for completing a remedial investigation/feasibility study of the R.G. Haley site. (Discussed in Executive Session) Approved 6-0, Seth Fleetwood excused.

190. Authorize the mayor to sign the agreed order with the state of Washington for the Eldridge Municipal Landfill site? This Eldridge Municipal Landfill order is a slightly changed version of the agreed order that was approved at the 6/7/2010 meeting, vote number 116. (Discussed in Executive Session) Approved 6-0, Seth Fleetwood excused.

191. Authorize the mayor to transfer ownership of the property at 1100 Cornwall to the Bellingham Public Development Authority? At the 12/8/2008 meeting, vote number 328, the City Council authorized the mayor to purchase the property located on the northeast corner of Cornwall Avenue and East Maple Street for $1,530,000. A parking structure was listed as a potential use of the property. The transfer is a non-monetary transaction. The development authority will prepare the property for sale and/or redevelopment. It is currently being used as a surface parking lot, and the city will continue to operate it as such until it is sold or developed. Any contract for sale or development must be approved by City Council. (AB18973) Approved 6-0, Seth Fleetwood excused.

192. Authorize the mayor to award the low bid of $93,333 to Watershed Environmental Solutions of Toledo, Wash. for the Little Squalicum Park planting and maintenance project? The EPA is overseeing removal of contaminated materials from Little Squalicum Park, below Marine Drive. The EPA and the city’s master plan for the park require wetlands plantings which must be installed and then maintained for at least two years until they are established. Number of bids solicited were not listed in the council packet; two bids were received. (AB18980) Approved 6-0, Seth Fleetwood excused.

193. Authorize the mayor to award the low bid of $246,024 to Veca Electric of Bellingham to upgrade the motor control center at the water treatment plant? Fifty-eight bids were solicited and two bids were received. (AB18981) Approved 6-0, Seth Fleetwood excused.

194. Appropriate $3,683,342 for goods and services checks issued from September 3 through September 17, 2010? (AB18982/18983) Approved 6-0, Seth Fleetwood excused.

195. Appropriate $2,517,605 for payroll checks issued from August 16 to August 31, 2010? (AB18984) Approved 6-0, Seth Fleetwood excused.

196. Appropriate $235,720 to purchase nine Crown Victoria police vehicles from the Ford Motor Company? Ford plans to discontinue manufacturing Crown Victoria vehicles in the near future and Washington State’s contract with Ford for purchasing this model expires on 9/30/2010. All police patrol vehicles are outfitted by the city with equipment customized to fit the Crown Victoria and considerable time will be required to adapt essential police equipment to fit a different make or model. So, even though the vehicles in use now are not scheduled to be taken out of service until 2011 or 2012, the purchase of Crown Victoria vehicles is recommended while they are still available and while the state discount still applies. The currently used vehicles will remain in service until their scheduled retirement. AB18952 (Ordinance 2009-09-56) Approved 6-0, Seth Fleetwood excused.

Shall the council:

197. Authorize the mayor to sign a utility service agreement for phase 1 of the Bellingham airport terminal expansion project? There is a legal dispute between the city and the Port of Bellingham as to whether the city has the legal right to require the port to sign an agreement not to protest annexation as a condition of obtaining the extension of utility services. At the 12/15/2008 meeting, vote number 348, the City Council authorized the mayor to sign a standstill agreement with the Port of Bellingham on pending litigation. The standstill agreement allows the extension of city services. The port is tripling the size of the airport terminal building. This agreement is for water and sewer services and a fire sprinkler line to the terminal building at 4255 Mitchell Way. The port will pay the city a deposit of $33,300 and fees of $436,619. (Discussed in Executive Session) Approved 7-0

198. Appropriate $2,310,105 for goods and services checks issued from September 17 through October 1, 2010? (AB18998/18999) Approved 7-0

199. Appropriate $2,432,342 for payroll checks issued from September 1 through September 15, 2010? (AB19000) Approved 7-0

200. Oppose Washington State Initiatives 1100 and 1105? (Public hearing held) If either initiative passes, liquor sales will be privatized and the city stands to lose an estimated yearly figure of $971,043. Studies show that a 5-20 percent increase in alcohol consumption would take place, putting increased pressure on city alcohol related services and also, employees in the current-state controlled system would lose their jobs. The council amended the estimated losses from the initial figure of $897,609 and added that the potentially lost revenues are needed to help fund city services such as police and fire protection, municipal court, public parks, the public library and local community and economic development. AB18990 (Resolution 2010-27) Amended and approved 6-1, Michael Lilliquist opposed.

201. Adopt the Fountain District Urban Village Subarea Plan? An area named for the fountain at the corner of Meridian and Broadway, this area surrounds that intersection and the intersection at the corner of Elm and Broadway, then stretches along Meridian and Elm Streets to W. Illinois. This proposal will alter neighborhood plans, zoning and land use development code for portions of the Columbia Neighborhood and the Cornwall Park and Lettered Streets Neighborhoods. It will pave the way toward infill housing and commercial development, improve multi-modal transportation in the area, and is consistent with the Comprehensive Plan goal to concentrate growth in neighborhood urban centers. Development regulations are included in the subarea plan. AB18951 (Ordinance 2010-10-57) Approved 5-2, Barry Buchanan and Gene Knutson opposed.

202. Use “assigned funds” on account at Bank Of The Pacific to complete Tull Road? Beach Construction was allowed to place $214,680 in an assigned account in lieu of posting a bond for the cost of extending Tull Road through the four-lot Tull Road Short Plat which was created in 2005. Beach Construction did not complete the road, so the city is authorized to use the “assigned funds” to do so. Tull Road runs north from Kellogg Road, parallel to, and on the east side of Meridian. AB18974 (Ordinance 2010-10-58)Approved 7-0

Shall the council:

203. Authorize the mayor to appoint Anne-Marie Faiola to the Bellingham Public Development Authority? The development authority was created at the 5/8/2008 meeting, vote number 136, to manage property redevelopment, the waterfront, central business district, Old Town neighborhood and other redevelopment projects as directed by the City Council. Ms Faiola is experienced in business and accounting. She is also on the board of Conservation NW and served previously on the board of the Bellingham Bay Foundation. She will fill the term held by Bruce MacCormack. It will expire on 7/31/2013. (AB19004 ) Approved 7-0

204. Authorize the mayor to reappoint James Gebhardt and Tim Hostetler to the Transportation Commission? The Transportation Commission was created at the 8/10/2009 meeting, vote number 183. It replaced the Bicycle and Pedestrian Committee and the Parking Commission and was designed to take a long-term look at the transportation issues facing the city of Bellingham. Mr Gebhardt and Mr. Hostetler were appointed to one-year terms at the 10/19/2010 meeting, vote number 222. They are being appointed to full four-year terms which will end on 10/31/2013. (AB19005) Approved 7-0

205. Appropriate $3,067,0816 for goods and services checks issued from October 1 through October 15, 2010? (AB19011/19012) Approved 7-0

206. Appropriate $2,501,300 for payroll checks issued from September 16 through September 30, 2010? (AB19013) Approved 7-0

207. Amend the city ordinance regulating taxis and for hire vehicles by redefining the term compensation to include donations? The city has received complaints about a person operating an early morning donation-only ride service from downtown Bellingham, with no state license or city business license, no vehicle inspection by the police department and inadequate insurance. The person avoids regulations by accepting donations rather than charging a fee. Adding “donations” to the definition of “compensation” will close a loophole and require the individual to conform to city regulations. AB18994 (Ordinance 2010-10-59) Approved 7-0

Shall the council:

208. Spend $1,020,000 to purchase 24 acres near Lake Whatcom? The property is located just north of and adjacent to Sudden Valley and just east of and adjacent to the Stimpson Reserve. Although the property is subject to the Whatcom County temporary building moratorium, it is zoned for future subdivision up to 12 units. The property purchase makes it part of the city’s effort to protect the Lake Whatcom water quality. The property is being purchased from the Don and Ellen Easterbrook Living Trust. (Discussed in Executive Session) Approved 7-0

209. Approve a two-year labor contract with the What-Comm Public Safety Dispatch Guild? The What-Comm Communications Center answers all 911 calls placed in Whatcom County; fire and medical related calls are transferred to the fire dispatch center. The terms of the contract are: wage increases of 1 percent in July 2011, 2 percent in January 2012 and 1 percent in July 2012. Benefits: No change to medical plan or premium sharing in 2011. In 2012, the city contribution will be capped at Group Health premium minus employee share. Employees selecting the more expensive plan will pay the difference between the full premium amount and the city’s contribution. (Discussed in Executive Session) Approved 7-0

210. Issue a noise variance to Razz Construction for work on the Pattle Point Trestle? Construction work between 10 p.m. and 7 a.m. requires a noise variance. Pattle Point is located near the south end of Boulevard Park, in the South Hill neighborhood where a residential area is approximately 250 feet uphill. The work will take place from Nov. 2 through 6 and Dec. 2 through 6. Some of the work is located below the ordinary high water level so that part of the project requires minus tides which will only occur during late evening and early morning hours. During low tides, Razz Construction will be excavating the north abutment, installing cross bracing, placing rip rap and pea gravel. The equipment they’ll be using includes a mini-excavator, a skid steer loader, a deck crane and a small generator. (AB19018) Approved 7-0

211. Authorized the mayor to award the low bid of $219,543 to Strider Construction of Bellingham for the 34th Street sewer line? Approximately 1,500 feet of eight-inch pipe will be installed on 34th Street between Taylor Street and Donovan Avenue. At the 5/10/2010 meeting, vote number 99, the council passed a resolution to form a Local Improvement District and at the 8/9/2010 meeting, vote number 165, passed an ordinance creating the LID to assess the affected property owners for the cost of the work. Eighty-four bids were solicited and six bids were received. (AB19022) Approved 7-0

212. Appropriate $1,367,801 for goods and services checks issued from October 15 through October 22, 2010? (AB19023) Approved 7-0

213. Appropriate $2,413,921 for payroll checks issued from October 1 through October 15, 2010? (AB19024) Approved 7-0

214. Authorize the Bellingham fire chief to participate in discussions with adjacent fire departments about developing cooperative agreements for fire and emergency medical services? Meeting the county-wide demands of population growth might be far more efficient if cooperative agreements could exist between all Whatcom fire agencies, including Whatcom County Fire Districts 4 and 8, South Whatcom Fire Authority, North Whatcom Fire Rescue and the Bellingham Fire Department. The discussions will explore the pros and cons of developing such agreements and the jurisdictions of all the above agencies are currently involved in passing resolutions to engage in them. The fire chief will provide the City Council with periodic updates concerning the content and progress of the discussions. AB19016 (Resolution 2010-28) Approved 7-0

215. Approve the 2011 action plan of the 2008–2012 consolidated plan? The action plan designates city use of federal funds for low- and moderate-income households. The 2011 action plan is the city’s application for federal funds and it will guide the federal grant allocations of approximately $1,595,000 in new funds. The city will also have $795,000 available in 2010 carryover funds and $260,000 in program income (loans to be repaid) for a grand total of $2,649,841. The plan is on the city’s website at www.cob.org/services/neighborhoods/community-planning. AB19017 (Resolution 2010-29) Approved 7-0

216. Set the time and dates for the 2011 regular council meetings? Twenty-five meetings are scheduled for 2011, the same number that was scheduled for 2010 and one less than 2009. AB19021 (Resolution 2010-30) Approved 7-0

217. Increase property taxes in 2011 by 1 percent? The property tax increase is expected to raise an additional $187,347. New construction, home improvements and city annexations are expected to bring in another $87,168. The tax increases will be used to retire approximately $265,000 in 2001 voter approved general obligation bonds that were used to construct the Deemer Road fire station. The 1 percent levy will increase the 2011 property tax on a $250,000 home by about $45.00. AB18989 (Ordinance 2010-11-60) Approved 7-0