Bellingham City Council

Shall the council:

23. Authorize the mayor to sign an agreement with Tax Recovery Services of Tacoma resolving a dispute? In 2007, Tax Recovery signed a contract with the city to provide auditing and investigation services to determine compliance with the payment of business/occupation and utility taxes. Tax Recovery determined that Puget Sound Energy owed the city $250,001 in back taxes and Encogen Northwest owed $244,340 in back taxes. Both companies paid the assessment and filed a complaint for refund of taxes with Whatcom County Superior Court. At the 3/29/2010 meeting, vote #73, the city paid Tax Recovery $42,326 for the auditing and investigation. The city settled the dispute with Puget Sound Energy by returned $159,000 to the company and the dispute with Encogen Northwest by retuning $159,625 to the company and paying $57,340 in legal costs. In this agreement, Tax Recovery agrees to pay up to $25,000 to outside counsel hired by the city to defend the Puget Sound Energy audit and contribute toward litigation costs in amounts that do not exceed the contingency fee for the audit. (Discussed in Executive Session) Approved 7-0

24. Spend $77,170 to purchase a five acre parcel of land in northwest Bellingham? This property is located on Waldron Road just west of Aldrich Road in the Bear Creek/Aldrich Neighborhood east of Northwest Road. It will be part of a future trail link/greenway that will connect Cordata Park with the Northwest Road Trail Park near the intersection of Slater and Northwest. The property was purchased from the Thomas Durham Trust. (Discussed in Executive Session) Approved 7-0

25. Spend $500,000 to purchase a 4.7 acre parcel of land in southwest Bellingham? Located in the Chuckanut/Interurban corridor, this property lies across Chuckanut Drive from the city’s Woodstock Farm between Chuckanut and the Interurban Trail corridor. It is intersected by Spokane Street so it is actually two parcels that were once part of Cyrus Gates’ original Woodstock Farm. The purchase price is the appraised value and the seller is the estate of Mary Ann Clark. The city will also grant a view easement over part of the Woodstock Farm Park property in favor of the seller’s remaining property, which borders the south end of the purchased property. (Discussed in Executive Session) Approved 7-0

26. Authorize the mayor to sign a second operating agreement with the Bellingham Public Development Authority? The City Council approved the creation of the development authority at the 5/5/08 meeting, vote #136, and seven board members at the 7/21/08 meeting, vote #210. The authority helps to develop and manage city-owned properties. Under the first operating agreement, approved at the 11/10/08 meeting, vote #308, the authority was instrumental in the adoption of a multi-year strategic plan; prepared development programs for properties at 1100 Cornwall, 600 West Holly and Army Streets; assumed management of the Federal Building and took over ownership responsibilities for the Army Street property. The second agreement, which terminates 12/31/2015, includes updating the strategic plan; working with the city to coordinate parking at potential development sites and working out the details of prioritizing property developments. (AB19120) Approved 7-0

27. Appropriate $3,204,608 for goods and services checks issued from February 4 through Feb 24, 2011? (AB19125/19126/19127) Approved 7-0

28. Appropriate $2,454,647.75 for payroll checks issued from January 16 to January 31, 2011? (AB19128) Approved 7-0

29. Reclassify two full-time positions in the legal department? Two office technician’s jobs will be reclassified. One will become legal assistant — criminal, and the other will be legal assistant — civil. The new positions come with increased responsibilities, require more specific knowledge and skills and will receive higher salaries. The legal assistant’s salary will increase by $1,210 with $495 in additional benefits. The civil assistant’s salary will increase by $2,418 with $997 in additional benefits. The combined increase in wages and benefits for the two positions will cost the city $6,825 in 2011. AB19091 (Ordinance 2011-02-05) Approved 7-0

30. Create a Transportation Benefit District Fund to account for revenue and expenses associated with transportation district tax revenues? At the 7/12/2010 meeting, vote #144, the council established a Transportation Benefit District to raise funds for transportation projects. At the 8/9/2010 meeting, vote #151. the council voted to placed a sales tax increase on the general election ballot. At the 2010 general election, voters approved a .2 percent sales tax increase for the transportation district. At the 12/6/2010 meeting, vote #227, the council (acting as the transportation district board of directors) requested that the state Department of Revenue begin collecting the tax. The fund will receive tax revenues for 10 years. The money will go to resurface main streets, for bike lanes, add non-motorized transportation options and help support the transit service.The sales tax increase takes effect on 4/1/2011 and is expected to raise $2,100,000 by the end of the year. AB19092 (Ordinance 2011-02-06) Approved 7-0

31. Purchase flashing beacons for the Happy Valley and Larrabee school zones? The cost of the four beacons (two for each school) will be $15,000. Flashing lights are a reminder to motorists that school children are present and the speed limit is 20 miles per hour. A $15,000 grant from the Washington Traffic Safety Commission will pay for the beacons. AB19094 (Ordinance 2011-02-07) Approved 7-0

Shall the council:

32. Approve an agreement between the Bellingham Transportation Benefit District and the Whatcom Transportation Authority? (Council acting as the Bellingham Transportation Benefit District) The agreement places a 5 percent cap on cost overruns; provides for an annual determination of payment and reconciliation of costs and terminates Transportation Benefit District funding if the WTA is able to obtain a sales tax increase. Approved 7-0

33. Approve an agreement between the Bellingham Transportation Benefit District and the city of Bellingham? (Council acting as the Bellingham Transportation Benefit District) This agreement will define the obligations of both parties and will coordinate efforts to maintain and improve city streets, and provide additional funding for transit services within the city. Amended and approved 7-0.

34. Form an ad hoc council committee to deal with emergency management services issues? Discussions are taking place with representatives from each of the regional fire authorities in the county, the commissioners association, the chief’s association, Bellingham fire staff and City Council, concerning a possible new EMS program throughout the county. Council member Barry Buchanan and council president Stan Snapp have been representing the city at these meetings. Because of the complexities of the discussions, they recommend that council form an ad hoc committee to help the council understand and deal with them. The committee will be chaired by Barry Buchanan and will also include Stan Snapp and Michael Lilliquist. (Discussed in old/new business) Approved 7-0

35. Authorize the mayor to sign an agreement with Bellingham Transportation Benefit District? The transportation district was established at the 7/12/2010 meeting, vote #144. Its purpose is to provide funding for transportation improvements, non-motorized transportation options and transit service. Its board and officers are City Council members. This agreement will define the obligations of both parties and will coordinate efforts to maintain and improve city streets, and provide additional funding for transit services within the city. (AB19137) Amended and approved 7-0.

36. Appropriate $2,771,996 for goods and services checks issued from February 25 to March 10, 2011? (AB19142/19143) Approved 7-0

37. Appropriate $2,359,310 for payroll checks issued from February 1 to February 15, 2011? (AB19144) Approved 7-0

38. Support the nomination of the Bellingham City Hall to the National Register of Historic Places? The City Hall was built in 1938-39, and the city has maintained its historic integrity. A local citizen, Lynnette Felber, submitted a nomination to the National Parks Service to place the building on the National Register of Historic Places. Historic preservation is part of current city policy. AB19138 (Resolution 2011-04) Approved 7-0

39. Raise connection charges for new water and sewer hook-ups? The charge is a one-time fee based on the size of the water meter needed for the new customer. New homes that are required to install fire sprinklers need larger meters in case the sprinklers are activated. An increase in the fee will be determined based on the adjusted size of the meter. Single family homes with standby fire protection will not be included. AB19114 (Ordinance 2011-03-08) Approved 7-0

40. Authorize the mayor to accept a $30,000 grant from the Northwest Clean Air Agency to reduce greenhouse gas emissions and improve sustainability in the city? The city must use the money to advance at least one city project which will reduce greenhouse gas emissions and to develop a plan to implement one or two electric car charging stations on city owned property. Building at least one electric car charging station will bring the city into compliance with the state’s initiative to make the I-5 corridor electric vehicle-ready, and that planning will be funded first under this agreement. A greenhouse gas reduction project could be: a project related to community solar or hydro-electric power production; putting a green roof on a city building, plans for reducing pollutant run-off from city parks into endangered waters; weatherization upgrades for city buildings or citizen education in conservation measures, etc. AB19122 (Ordinance 2011-03-09) Approved 7-0

41. Correct an error in the Cordata Neighborhood’s table of zoning regulations? At the 8/9/2010 meeting, vote #163, the council voted to rezone a portion of the Guide Meridian/Cordata Neighborhood to allow offices. At the 12/13/2010 meeting, vote #250, the council voted to revised the boundaries of the Meridian and the Cordata neighborhoods. Area 17B of the former Guide Meridian/Cordata neighborhood became Area 9 of the Cordata neighborhood and was rezoned to allow office buildings, but the rezone was accidentally left off the Cordata zoning table. AB19123 (Ordinance 2011-03-10) Approved 7-0

42. Correct an error in the King Mountain neighborhood zoning table? At the 12/13/2010 meeting, vote #244, the council voted to replace the Mt. Baker neighborhood with Irongate and Barkley neighborhoods, and add two areas to the King Mountain neighborhood. Some text that should have been deleted was left in the table by accident. Since the zoning table has become part of the Bellingham Municipal Code, it now requires an ordinance to remove the text. AB19124 (Ordinance 2011-03-11) Approved 7-0

Shall the council:

43. Spend $253,000 to purchase 11.46 acres at 4630 King Mountain Road? The city will make this property part of a wildlife and trail corridor linking community forest lands on King and Queen Mountains, and also part of a longer greenway connecting Meridian Street at Van Wyck Road with the Squalicum Creek greenway in Dewey Valley. (Discussed in Executive Session) Approved 7-0

44. Amend the Maritime Heritage Park master plan to include building a new playground? Last year, a playground, located on the north side of the park near the fish hatchery was removed due to safety concerns, among them – restricted site lines. A new playground will be located in the open grass area between the amphitheater and the closed Boss Tweed restaurant, where it will be clearly visible from all directions. The playground design will accommodate pre-school and school age children. The current estimate of the project cost is $252,500. Actual construction of the playground is not planned at this time, but amending the master plan for the area allows for future construction. (AB19151) Approved 7-0

45. Authorize the mayor to appoint Bob Sanders to the Greenway Advisory Committee? The Greenway Committee works with the Parks and Recreation Department and advises the city on the expenditure of Greenway funds. Mr. Sanders appointment to a partial term was created by the resignation of Eric Hirst; the term will expire on 3/30/2012. A Bellingham resident for six years, Mr. Sanders has a background in public relations and media and has been active with the Cordata Neighborhood Association. (AB19153) Approved 7-0

46. Authorize the mayor to award the only bid of $283,150 to S&S Concrete Construction of Bellingham for the annual concrete repair program? The work will repair and replace concrete structures (streets, sidewalks, curbs and wheelchair ramps). The average cost over the past few years has been $275,000. Forty-six bids were solicited and one bid was received. (AB19158) Approved 7-0

47. Appropriate $868,183 for goods and services checks issued from March 11 to March 17, 2011? (AB19159) Approved 7-0

48. Appropriate $2,412,709 for payroll checks issued from February 16 to February 28, 2011? (AB19160) Approved 7-0

49. Extend city sewer service to 3660 Haggen Road? (Public hearing held at March 14 meeting.) In June of 2009, because of a failing septic system, the residence was connected, without permits, to an existing sewer line. Although the property is located in an urban growth area outside of city limits, the property meets two exceptions to the city’s policy of not extending service to such areas. It is located in the Lake Whatcom watershed and the septic system was failing. In 2002, the property owner was assessed a latecomers fee to help pay for the existing sewer line the house is now connected to. The property owner agrees not to further subdivide his property, not to protest future annexation of the area and to comply with all the land use controls that have been put in place to protect the lake. He will pay sewage charges back to June of 2009. Gene Knutson and Barry Buchanan moved to reduce the property owner’s fees by 80 percent, city staff opposed the reduction because of the illegal connection to the sewer. Failed 3-4, Terry Bornemann, Michael Lilliquist, Seth Fleetwood, Jack Weiss opposed. AB19129 (Ordinance 2011-03-12) Approved 7-0

50. Issue federally subsidized obligation bonds worth up to $6.5 million? Under the 2009 American Recovery and Reinvestment Act, the city may issue Qualified Energy Conservation Bonds to finance projects that will reduce energy consumption in public buildings by at least 20 percent. Washington State has given the city authority to issue the bonds, which will be underwritten by Seattle-Northwest Securities Corp. of Seattle. The federal government will pick up 70 percent of the interest costs. The city finance director will manage the process and will oversee the pricing, interest rates and redemption values of the bonds, which will be sold in April 2011. AB19131 (Ordinance 2011-03-13) Approved 7-0

51. Adjust the beginning reserve balances for the 2011 budget by $40,090,547 to account for differences between the estimated and actual year-end balances? The budget is drawn up before the end of the year and estimates are used. The 2010 beginning reserves budget will increase from estimated reserves of $83,351,029 to actual reserves of $114,770,180. The city budget is available at City Hall or online at http://www.cob.org/government/budget. AB19132 (Ordinance 2011-03-14) Approved 7-0

52. Reauthorize $10,350,169 for goods and services that were ordered in 2010 but unpaid by the end of the year? This amount will be deducted from the 2010 ending reserves and added to the 2011 budget for goods and services. AB19133 (Ordinance 2011-03-15) Approved 7-0

53. Reauthorize $47,794,956 for goods and services that were authorized in 2010 but didn’t have purchase orders or contracts by the end of the year? These funds and corresponding future expenditures will be moved to the 2011 budget and $273,185 will be placed in reserves. This reauthorization increases the 2011 budget expenditures from $197,607,807 to 253,744,325. AB19134 (Ordinance 2011-03-16) Approved 7-0

54. Accept and spend a $123,107 state grant for the Stormwater University project? The city will work with ReSources for Sustainable Communities, a non-profit organization, and eight other managers from Whatcom and Skagit cities to develop a stormwater education outreach program that will become part of each city’s stormwater management program. The educational outreach will take the form of training seminars, Power Point presentations, educational videos, training literature and handouts. A project web site will be set up to share information and products. The program will be aimed at selected businesses and industries as well as the general public, and will be transferable to other regions. The grant requires a local match of $41,035 for a total expenditure of $164,142. AB19140 (Ordinance 2011-03-17) Approved 7-0

55. Accept and spend a $500,000 state grant for the Lake Whatcom homeowner incentive program? The grant allows the city to provide small grants to homeowners in the Lake Whatcom watershed to pay for projects to reduce phosphorus in the stormwater. Homeowners in the watershed and in the Silver Creek sub-watershed are eligible to apply for $1,000 to $6,000 amounts for projects such as rain gardens; porous asphalt, concrete or paving stones; bioretention planter boxes; infiltration trenches; native plantings; lawn removal, etc. The program, which will run from 1/1/2011 to 12/31/2014, also provides staff to help homeowners complete their projects. Under the terms of the grant, the city and county will provide $166,666 in additional funding for the total of $666,666. AB19141 (Ordinance 2011-03-18) Approved 7-0