Bellingham City Council

Shall the council:

74. 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. Calls for fire, medical and cities outside Bellingham are transferred to the appropriate dispatch center. The terms of the 2010-2011 contract are: no wage increase in 2010 and no change to medical plan or premium-sharing. In 2011, the discussion for wages and benefits will be reopened. (Discussed in Executive Session) Approved 7-0

75. Authorize the mayor to sign an agreement with Fire District #4 mitigating the impacts for the Van Wyck/James Street annexation? This agreement is an alternative to litigation. The city will pay $10,176 to Fire District #4 which is three years of fire district tax revenue from the area annexed. For three years from the effective date of the annexations Fire District #4 will provide water tender services as needed and the Bellingham Fire Department shall provide fire protection and emergency medical services to areas that are accessed from within the annexation area although located outside of it. (Discussed in Executive Session) Approved 7-0

76. Approve a $159,000 settlement in the case of Puget Sound Energy v. city of Bellingham? In 2008, Tax Recovery Services conducted a B&O tax audit for the City of Bellingham. On 12/30/08, the city finance department issued an assessment against Puget Sound Energy in the amount of $244,340 plus $5,671. Puget Sound Energy paid the assessment on 2/23/09. On the same day, a complaint for a refund of taxes and a declaratory judgement was filed in Superior Court. The case was settled with the city refunding $159,000 to Puget Sound Energy and the city retaining $102,000 (including interest of $11,000 accrued during the claim period). There are no future tax ramifications to this settlement agreement. (Discussed in Executive Session) Approved 7-0

77. Defer approval of the strategic plan for Greenway III land purchases in south Bellingham? The Greenway lll levy was approved by voters at the May 16, 2006, special election. The Greenway Advisory Committee worked with staff to develop the Greenway III Strategic Plan which, after extensive public input, was presented to council in October 2008. It provided geographic guidance for land purchases using previously budgeted levy III funds. The plan for Greenway III spending on the north side and Whatcom Creek was approved at the 1/12/09 meeting, vote number 1, while the south area plan was tabled pending the release of a draft environmental impact statement for the Chuckanut Ridge/Fairhaven Highlands project. That DEIS was published on 9/26/09. This vote deferred approval until current property negotiations are concluded. (AB18626) Approved 5-2, Jack Weiss1 and Stan Snapp opposed.

78. Authorize the mayor to sign a contract with Whatcom Land Trust for the Geneva Preserve conservation easement? The Geneva Preserve is a group of nine properties on the south shore of Basin 2. The 45.4 acres of forestland is located between Lake Whatcom Boulevard and Lake Louise Road, on the lower northern foothills of Lookout Mountain. The property is adjacent to the 35-acre Anderson-Lake Whatcom conservation easement. In exchange for a one time payment of $8,000, the land trust will take on perpetual monitoring and stewardship of the land. Placing a conservation easement on this property is intended to protect the water quality of the lake by preserving or restoring natural ecologic balance and reducing or eliminating sources of pollution. Non-motorized recreational uses will still be permitted. (AB18825) Approved 7-0

79. Direct staff to prepare a pilot project to reduce large increases of water flowing into the city sewage system? A portion of wet weather facility bond proceeds will be used to fund this project in the central basin district which stretches from the Cornwall Park neighborhood to Alabama Hill. Staff is currently working on developing a program for city-wide reduction of inflow and infiltration, including a wet weather facility which will be delayed until completion of the pilot project. (AB18826) Approved 7-0

80. Appropriate $2,402,630 for payroll checks and issued from March 1 through March 15, 2010? (AB18830) Approved 7-0

81. Appropriate $863,504 for goods and services checks issued from March 19, through March 26, 2010? (AB18831) Approved 7-0

82. Hold a discount sale on second grave sites at Bayview Cemetary? Cemetery revenue has been affected by the recession and it is anticipated that the discount will increase sales. When purchasing one grave site at full price there will be a 50 percent discount on a second grave site. The sale will run from 4/19/10 through 6/18/10. AB18828 (Resolution 2010-15) Approved 7-0

83. Accept a $50,000 pass-through grant from the state of Washington for stormwater management and water quality protection? The funds must be used to improve water quality by improving the city’s stormwater management plan. AB18817 (Ordinance 2010-04-22) Approved 7-0

¹From Jack Weiss: In January 2009, the Greenway Advisory Committee with the concurrence of the parks board brought forward to the City Council a strategic plan for Greenway land acquisitions. This two-year effort was an exhaustive exercise to determine the best and most cost-efficient use of limited Greenway dollars. The plan was divided into north and south Bellingham to reflect the funding allocations of the 2006 voter-approved levy. The council adopted only a portion of the plan, that associated with the north side.

The south side portion of the plan was postponed on a 4-3 vote (I was opposed) to allow time for the Chuckanut Ridge EIS to be submitted and resolved. The strategic plan provided funding for this property along with four other areas scattered throughout the south side of Bellingham. Some councilmembers have a belief that Chuckanut Ridge has a sense of entitlement to capture the entire south side allocation of the Greenway levy (never stated on the ballot), leaving zero dollars for the other four areas recommended by the committee in their plan.

My “no” vote reference above is the fifth time in 15 months this matter of deferring the south side plan has happened. Each time another excuse has been given. This time it is because the city has made a verbal offer to buy the property from Washington Federal, the new owner after taking over defunct Horizon Bank. Not approving the south side part of the plan leaves the new bank with uncertain knowledge of how much funding the city is committing for purchase and weakens our negotiations to secure the property for the public. Deferring this matter, once again, is bad public policy, bad real estate negotiation, and completely unfair to the other 10 south side neighborhoods from the plan that are held hostage to this tactic.

Shall the council:

84. Spend $400,000 to purchase 10.25 acres in the Lake Whatcom watershed? This parcel is north of and adjacent to the Stimpson Reserve just off Lake Whatcom Boulevard; property bordering on the west was previously purchased by the city’s watershed acquisition program. The seller is Ed Lane Brinson, Jr. (Discussed in Executive Session) Approved 7-0

85. Direct staff about negotiating with Trans Mountain Pipeline concerning their upcoming franchise renewal? Trans Mountain operates a 20 inch petroleum pipeline that runs from Canada through Bellingham to Anacortes. To cover the Bellingham portion of the pipeline there is a franchise ordinance with the city that will expire in May 2010. For the franchise renewal, staff is being directed to look into and negotiate language for requirements about bonding in the case of any potential abandonment of the pipeline such as the company going bankrupt and requiring regular reporting to the city about what will be going through the pipeline. (AB18814) Approved 7-0

86. Declare a fire rescue vehicle as surplus property? The disposition of surplus property with a value of $20,000 or more must be approved by the City Council. The 1999 International 4900 vehicle was used to carry specialized equipment for support of “technical” rescue operations. The “technical” rescue program has been discontinued and technical assistance will be called in from other agencies. The surplus value of the vehicle is estimated at $55,000. (AB18835) Approved 7-0

87. Authorize the mayor to sign an agreement with Whatcom County providing funds for low income persons? The agreement covers the use of fees for documents recorded at the county’s auditor’s office to fund low-income housing projects. A $10 surcharge was created in 2002 by the Washington State Legislature. The original agreement (approved at the 1/12/04 meeting, vote number 1) distributed the funds by percentage for operating emergency shelters, rental assistance and low-income housing projects. This amendment drops the percentage method allowing more flexibility. (AB18837) Approved 7-0

88. Authorize the mayor to award the low bid of $1,420,797 to Granite Construction of Everett for street resurfacing and sidewalk improvements? The 2010 annual overlay program includes pavement repair, leveling and resurfacing as well as improving crosswalks, handicap ramps and drainage to meet current standards. The N. Forest Street project — started last year — will be completed between N. State and Rose and Holly and Ellis, and missing sidewalk links in the Civic Field complex will be installed plus seven additional projects. Forty-eight bids were solicited and five bids were received. (AB18839) Approved 7-0

89. Issue a noise variance to the state Department of Transportation for Interstate 5 work? Construction between 10 p.m. and 7 a.m. requires a noise variance. The DOT has requested a noise variance for 58 nonconsecutive nights during the summer to rebuild downtown freeway on-ramps at Iowa (15 nights), Sunset (15 nights), Lakeway (20 nights) and the on/off ramps at Samish (8 nights). The project involves grading, excavating, pavement cutting, embankment construction, paving, guardrail and sign installation. (AB18840) Approved 6-1, Terry Bornemann opposed.

90. Authorize the mayor to award low bids totaling $89,246 for water system fittings? HD Supply Waterworks of Bellingham was the low bidder at $71,117 for Ford Group brass fittings. HB Jaeger Company of Burlington was the low bidder at $14,081 for Lee Group brass fittings. United Pipe & Supply of Marysville was the low bidder at $4,048 for Apollo ball valves. Total bids for 2010 were $8,444 below fittings approved at the 4/13/09 meeting, vote number 62 and $20,337 below fittings approved at the 5/5/08 meeting, vote number 143. Thirty-six bids were solicited and five bids were received. (AB18845) Approved 7-0

91. Authorize the mayor to award the low bid of $368.90 per ton to General Chemical Corporation of Parsippany, N.J., for aluminum sulfate? The water treatment plant uses aluminum sulfate in the filtration process to coagulate particles making them easier to remove from the water. This contract allows two one-year extensions. The city uses approximately 100 tons a year; the estimated cost for 2010 is $36,890. Twenty-seven bids were solicited and three bids were received. (AB18846) Approved 7-0

92. Appropriate $2,471,491 for payroll checks issued from March 16 to March 31, 2010? (AB18847) Approved 7-0

93. Allow exceptions to the 90,000 square foot size limit for retail stores that meet certain requirements? (Public hearing held at April 12 meeting) Exceptions will be allowed in specified areas north of Interstate 5 on Meridian and Bakerview for establishments which are not “superstores” and which comply with green building and paving standards. Impervious surfaces must have a green factor score of at least 0.3, and buildings must meet LEED silver or equivalent green standards. A “superstore” is defined as any store (other than a membership warehouse), which is over the size limit and which carries a variety of products and uses over 10 percent of the sales floor space for non-taxable merchandise. AB18587 (Ordinance 2010-04-23) Approved 7-0

94. Accept and spend a $9,400 state grant to participate in a statewide campaign to reduce speeding? The Washington Traffic Safety Commission grant is to be used to pay overtime for highly visible police department patrols from 4/9/10 – 4/11/10, 4/16/10 – 4/18/10, –4/23/10 – 4/25/10 and 4/30/10 – 5/1/10 and the same weekend schedule from 7/9/10 through 8/1/10. The performance standard is a minimum of three vehicle stops per hour with ticket, unless circumstances dictate otherwise. AB18827 (Ordinance 2010-04-24) Approved 7-0

95. Close the Arterial Street Construction Fund? This account was created to pay for the Bakerview/Irongate signal and roadway improvement project which has been completed. The $147,662 in the construction fund is being moved to the public works street fund. AB18829 (Ordinance 2010-04-25) Approved 7-0