Bellingham City Council

Action Taken at May 7, 2012 Meeting

Shall the council:

86. Direct staff to sell four pieces of property as surplus with no additional appraisals needed? (Public hearing held.) The city received the properties from the estate of Allyn C. Deets, (see the 4/16/2012 meeting, vote #74). The properties are located at 2416 Meridian (appraised value $780,000) together with the parking lot across the alley from that building (appraised value $300,000) and the property at 2404 – 2406 Meridian (appraised value $321,000). In his will, Mr Deets stipulated that the property, or its proceeds, is to be used to develop, enhance or enlarge Fountain Plaza Park. The Parks Department will use the proceeds of the sale to make improvements and start a maintenance/operations fund for the park. In order to sell the properties, the city must first declare them to be surplus. (AB19562) Approved 6-0, Stan Snapp excused.

87. Authorize the mayor to accept a $164,000 state grant for invasive aquatic species prevention? The Puget Sound Partnership grant to monitor and study the aquatic invasive species problems in Lake Whatcom must be used by 6/30/2012. Specifically, the money will purchase plankton tow nets, artificial substrates, a multi-parameter water quality meter, a phase contrast microscope and miscellaneous other supplies, and pay for conducting an inventory of AIS, mapping their locations, and educating the public about them. Six circulation models will be designed to track AIS development and transport and also phosphorus movement from tributaries. A study will be conducted on Asian Clam influence on phosphorus release from sediments. Signs, brochures, videos will be made to increase public awareness of the problem, and an internet training/certification course will be available. Information kiosks will be installed at Bloedel Donovan and Sudden Valley boat launches. Gates and cameras will be installed at Bloedel Donovan and at South Bay and a decontamination site will be established. (AB19573) Approved 6-0, Stan Snapp excused.

88. Direct staff to close the written record on the rezone of approximately 113 acres in the Samish Neighborhood? A Comprehensive Plan amendment and rezone from Single-Family Residential to Multi-Family Residential with double the density was requested by Free Spirit Enterprises, LLC. On behalf of the owner: Padden Trails, LLC. The council directed staff to modify the Planning Commission’s recommendations concerning the rezone and only allow a 10 percent increase in density. (AB19483)Approved 6-0, Stan Snapp excused.

89. Authorize the mayor to award three low bids totaling $95,941 to HD Fowler of Belllingham for the water distribution system? The components are brass service and threaded fittings that are used on water main connections and maintenance projects. The items were grouped into three categories and HD Fowler was the low bidder in each category. There were 46 solicitations viewed and five companies submitted bids. (AB19568) Approved 6-0, Stan Snapp excused.

90. Grant a noise variance for construction at the Post Point sewer treatment plant project? From July 2012 to July 2014, improvements are to be made on the sewer treatment plant and some of the work must be done during low flow hours from 2 to 5 a.m. Notice will be provided to adjacent residents at least one week before the work begins. A 24-hour fire/chlorine alarm will be operational during the construction. (AB19569) Approved 6-0, Stan Snapp excused.

91. Appropriate $2,897,775 for goods and services checks issued from April 13, 2012 through April 26, 2012? (AB19570/19571) Approved 6-0, Stan Snapp excused.

92. Appropriate $2,488,715 for payroll checks issued from April 11, 2012 through April 25, 2012? (AB19572 ) Approved 6-0, Stan Snapp excused.

93. Extend system development fee credits for reactivating abandoned water system beyond the three year limit? Full credits have been allowed when the system is reactivated within three years of abandonment. This amendment will allow full credit to be applied for even when the system has been abandoned longer than three years. An existing abandoned water system may be used for new service if it is inspected and approved by the director of public works or a designated licensed plumber. AB19545 (Ordinance 2012-05-025) Approved 6-0, Stan Snapp excused.

94. Vacate a portion of Clinton Street within Maritime Heritage Park? City ownership of the rights-of-way will be relinquished. A 4,620 square foot section of Clinton Street between C and D Street will be vacated for Bellingham Technical College. The college operates a fisheries program using the buildings at the park for a hatchery lab and a storage building. The buildings are structurally unsound and must be replaced. For details, see the 1/24/2012 Whatcom County Council meeting, vote #12. The Clinton Street right-of-way is the only place that a new structure can be located because of power lines and the required setback from Whatcom Creek. Public access to the park will not be affected. AB19552 (Ordinance 2012-05-026) Approved 6-0, Stan Snapp excused.

95. Receive and spend a $20,658 federal grant for victims of domestic violence? The grant will be be used by the Domestic Violence and Sexual Assault Services of Whatcom County to pay the salary of a volunteer coordinator to help victims of domestic violence, sexual assault, dating violence and stalking. Services provided include advocacy, crisis intervention, development of individual safety plans, assistance with protection orders and other court documents, assistance with crime victims compensation benefits applications, collaboration with the police force and incident response, and referrals to other agencies. AB19553 (Ordinance 2012-05-027) Approved 6-0, Stan Snapp excused.

96. Alter staffing in the Human Resources Department? Eliminated will be a half time office technician, a full time program manager and a full time senior human resources analyst positions. Created will be a full time human resources assistant, a full time program manager and a ¾ time human resources generalist/analyst positions. In addition, funding will be set aside for extra temporary labor. The department recently made staff reductions, so even though this change results in a slight increase in labor, it is still an overall saving. AB19554 (Ordinance 2012-05-028) Approved 6-0, Stan Snapp excused.

Action Taken at May 14, 2012 Meeting

Shall the council:

97. Authorize the city attorney’s office to engage the Kenyon Disend law firm of Issaquah to represent the City of Bellingham in the AT&T Mobility tax refund claim? The law firm of McDermott Will & Emery sent a letter to the City of Bellingham dated 3 November 2010 seeking a tax refund for AT&T Mobility. The refund relates to data services for various types of wireless devices. The time period is from 1 November 2005 through 7 September 2010 and the amount is $238,493. Kenyon Disend will represent the City of Bellingham in King County Superior Court in which several cities are named as defendants. A portion of litigation costs and fees will be prorated among the other city/defendants. (Discussed in Executive Session) Approved 5-0, Gene Knutson and Stan Snapp excused.

98. Endorse the letter to Tyler Schroeder, State Environmental Policy Act Official regarding the Gateway Pacific Terminal permit application? The letter addressed the proposed rail siding in the city of Bellingham and suggested the siding could be considered simultaneously with the proposal as part of a separate environmental impact statement process. It was signed by Council President Terry Bornemann and Mayor Kelli Linville. (Old/New Business) Approved 5-0, Gene Knutson and Stan Snapp excused.

99. Appropriate $788,949 for goods and services checks issued from April 27 through May 3, 2012? (AB19577) Approved 5-0, Gene Knutson and Stan Snapp excused.

100. Appropriate $2,547,889 for payroll checks issued from April 26 through May 1, 2012? (AB19578) Approved 5-0, Gene Knutson and Stan Snapp excused.

101. Deny a rezone request for approximately 21,000 square feet in Fairhaven? (Public hearing held on May 7.) Briar Development Co., on behalf of Haggen’s Grocery, has asked for a rezone of the 1400 block of 14th Street, (behind their Fairhaven store), from Residential to Commercial. The Planning Commission feels that there is not enough data available at this time to grant the request, especially since it requires moving a neighborhood boundary, and has recommended denial. The public comment period began on 2/17/2012, there have been 25 comments received, 15 of them were against the rezone. AB19563 (Resolution 2012-12) Approved 5-0, Gene Knutson and Stan Snapp excused.

102. Authorize the mayor to accept a $2,500,000 state grant for the R.G. Haley site? The grant will cover some of the costs of completing a (RI/FS) remedial investigation and feasibility study. The City Council authorized the city to purchase the R.G. Haley site for $1 at the 9/14/2009 meeting, vote #193. Located at the south end of Cornwall Ave, the site is about six acres between the railroad tracks and the bay. It is adjacent to onshore properties owned by the city and port; when combined with Taylor Street dock and boardwalk, Boulevard Park and the planned overwater walkway there will be over three continuous miles of public access to the waterfront. R.G. Haley International used the site for wood treatment from approximately 1950 until 1985. Contaminants were observed leaking into Bellingham Bay from the site in 2001; a barrier wall and recovery system were installed. At the time of purchase, the cleanup costs were estimated at between $3 million and $9 million. Any unspent grant funds may be carried over to be used for the actual cleanup process. AB19565 (Ordinance 2010-05-029) Approved 5-0, Gene Knutson and Stan Snapp excused.

103. Update the cable television franchise? The City Council approved a new 10-year franchise with Comcast cable television at the 10/24/2011 meeting, vote #221. The new agreement contains updated terms and definitions. The city code will be amended with the updated material. AB19566 (Ordinance 2010-05-030) Approved 5-0, Gene Knutson and Stan Snapp excused.

Action Taken at May 21, 2012 Meeting

Shall the council:

104. Approve $64,332 in damage payments? Claim payments in excess of $15,000 requires City Council approval. On January 19, 2012, a city water line broke in the 1100 block of 15th Street. The break produced a steady flow of water for approximately three weeks damaging the foundation and basement of the house at 1124 15th Street. Hindman Construction was paid $20,801 to repair the damage. On March 5, 2012, a city sewer backup damaged the basement and first floor of the residence at 3129 Eldridge Avenue. Servicemaster Cleaning Services was paid $13,309 and Volonta Corporation $30,223 to repair the damages. The claim payments were requested after the payments were made, the Legal Department has improved the claims process in order to request approval before claims are paid. (AB19580) Approved 7-0

105. Direct staff to stop advertising empty space in the Parkade to allow for a three month feasibility study to be conducted? The city has received two proposals for use of vacant commercial space in the Parkade Building. The Bellingham Railway Museum wants to expand to the adjacent empty unit; Pam and Mark Kuntz have proposed remodeling the three empty units into a 250 seat theatre at an estimated cost of $300,000. Kuntz and Company needs three months to conduct a feasibility study, meanwhile the Railway Museum will be able to submit further materials. During the three summer months, criteria and procedures will be developed for evaluating the proposals and the Mount Baker Theatre may lease the space on a month to month basis for rehearsals. (AB19543) Approved 6-1, Cathy Lehman opposed.

106. Direct staff to implement revisions as proposed by the state field office to the 2009 Shoreline Master Program? Over a two-year period, the City Council held three public hearings and nine works sessions before approving the local version of the Shoreline Master Program at the 12/14/2009 meeting, vote #280. The Department of Ecology’s Bellingham Field Office has submitted a set of preliminary required and recommended revisions. The revisions add clarity to the document. Once the city agrees to make the changes, the field office will send their recommendations to Olympia, where further revisions may be added. The state will then send all the required and recommended revisions back to the city. In order to have the Shoreline Master Program approved, the city must write a letter to the state accepting the changes; the program will take effect 14 days after the state receives that letter. (AB19582) Approved 7-0

107. Approve the Police Department’s application for a $22,069 federal grant? The grant funds will be used to replace computerized devices (mobile data terminals) in patrol cars. The U.S. Department of Justice application requires that the council and citizens be given an opportunity to comment on the proposed use of the funds. The grant will purchase five terminals at $3,874 each. The devices currently being used are over five years old and becoming obsolete. (AB19584) Approved 7-0

108. Authorize the mayor to award the only bid of $47,350 to Rogers Machinery of Seattle for an air compressor to be used at the Post Point Sewage Treatment Plant? The new compressor will be more reliable and energy efficient than the one it is replacing. There were 65 solicitations viewed and one bid was received. Rogers Machinery will also provide start-up and training assistance. (AB19586) Approved 7-0

109. Appropriate $2,720,923 for goods and services checks issued from May 4 through May 10, 2012? (AB19587) Approved 7-0

110. Accept donations to award recognition to board and commission volunteers? Hundreds of volunteers donate their time to city business every year. The city may receive donations of small gifts from local businesses for the purpose of holding a small recognition event with prizes to attendees. AB19576 (Ordinance 2010-05-031) Approved 7-0