Bellingham City Council

Action Taken at December 5, 2011 Meeting

Shall the council:

240. Authorize the city administration to send a notice of termination and withdrawal from the interlocal sales tax agreement? The Interlocal Cooperation Agreement between Whatcom County and the cities of Whatcom County was approved at the City Council meeting on 9/13/2005, vote #168. The agreement relates to the distribution of funds received from the sales tax for countywide emergency medical services. The Whatcom County Council voted at the 12/7/2010 meeting, vote # 232, to discontinue the agreement effective 12/31/2013. While there is an uncertainty to a unified countywide ambulance service the city does not intend this notice to affect the funding of EMS services. The withdrawal from the agreement will be effective 36 months from receipt of termination letter. (Discussed in Executive Session) Approved 7-0

241. Extend the Parkade lease with the Bellingham Railway Museum until 1/31/2015? The city first signed a lease with the museum for the space on 11/13/2001 for a monthly rent of $560. The lease was extended at the 1/10/2005, 1/23/2006, 1/28/2008 and 1/11/2010 meetings. The current lease will expire on 2/1/2012. Because their monthly rent is below the going rate, council must approve the lease. (AB19395) Approved 7-0

242. Accept the Bellingham Railway Museum’s offer to rent additional space in the Parkade? The Railway Museum has offered $875 per month for both the current space they are renting and approximately 1,000 square feet of adjoining space. This offer is well below the going rate for downtown property. The space was only recently vacated, so it may still be possible for the city to rent it at full market value. The proposal will be reevaluted in six months if the space is still available. (AB19395) Failed 3-4, Terry Bornemann, Barry Buchanan, Stan Snapp and Jack Weiss opposed.

243. Appropriate $49,261 to purchase four Lucas mechanical CPR devices? These devices have been tested by the fire department/Whatcom Medic One over serveral months and have saved the lives of heart attack victims. The use of such devices is recommended by the American Heart Association. Physio-Control, Inc. of Redmond is the sole source provider for the devices and all needed accessories. (AB19397) Approved 7-0

244. Confirm the sale of the property at 1100 Cornwall Avenue to Catholic Community Services? The Bellingham Public Development Authority has entered into a purchase and sale agreement for a vacant lot on the corner of East Maple Street and Cornwall Avenue which is adjacent to a lot that Catholic Services owns. The purchase price is $1,180,000 or approximately $38 per square foot. The price is current market value which is 3 percent lower that the assessed value, but it is 31 percent lower than what the city paid for the property. At the 12/8/2008 meeting, vote #328, the council authorized the purchase for $1,530,000. The property was transferred to the Development Authority at the the 9/27/2010 meeting, vote #191. The city expects to come out ahead, because of the mixed use development CCS has planned for the two lots. The Development Authority has suggested that the proceeds of the sale go back to them for research and operating expenses. (AB19399) Approved 6-1, Barry Buchanan opposed.

245. Authorize the mayor to award the low bid of $115,000 to Polydyne Inc of Riceboro, GA for centrifuge and gravity belt polymer? Approximately 33 tons of polymer are used each year by the wastewater treatment plant for increasing the density of bio-solids before burning them. The price for the polymer is $1.76 per pound, which is four cents per pound higher than last year. There were 125 solicitations viewed and two bids were received. (AB19401) Approved 7-0

246. Renew for one year the agreement with Whatcom County for joint usage of the vactor waste transfer facility? The facility, located at 2140 Division St., handles street wastes from roadway and storm drainage systems in compliance with federal, state and local environmental regulations. The original agreement was for ten years and signed on 11/5/2001; it will expire on 12/31/2011. Under its terms the city maintains the facility and makes from $4,000 to $8,000 per year from the county’s reimbursement to the stormwater fund for operating costs. This agreement expires on 12/31/2012. (AB19411) Approved 7-0

247. Appropriate $1,454,202 for goods and services checks issued from November 11 through November 17, 2011? (AB19412) Approved 7-0

248. Appropriate $2,475,851 for payroll checks issued November 11 through November 23, 2011? (AB19413) Approved 7-0

249. Authorize the mayor to apply for $650,000 in Economic Development Investment funds for improvements to the W. Bakerview overpass? The city, port, county, state and Fred Meyer are planning a $3.1 million project to improve the I-5 overpass at the W. Bakerview exit. The project is expected to decrease delays, improve safety and provide economic benefit to the area by supporting additional commerce. The city is applying for a $300,000 grant and a $350,000 loan. EDI funding is approved by the Whatcom County Council and comes from a portion of the county sales tax. The city is also being awarded a $1.5 million transportation improvement grant. AB19396 (Resolution 2011-28) Approved 7-0

250. Adopt transportation impact fees for 2012? The base rate is charged per p.m. peak hour vehicle trip, and is calculated by combining the city’s actual expenditures of local transportation funding over the last six years with the anticipated funding needs for transportation during the next six years, and dividing the resulting total by the amount of traffic projected for new development and by the number of p.m. peak hour vehicle trips projected for the entire12 years. The 2012 base rate of $1,912 is a decrease from the base rates of $1,932 in 2011 and $1,927 in 2011. AB19398 (Resolution 2011-29) Approved 7-0

251. Close the Olympic Restoration Fund and transfer the remaining balance to the Natural Resource Protection and Restoration Fund? The Olympic Restoration Fund was created at the 10/17/2005 meeting, vote #226, to hold $771,000 in Olympic Pipeline settlement funds for the Whatcom Creek Restoration Plan. The Natural Resource Protection and Restoration Fund — approved at the 1/12/2004 meeting, vote #5 — is also dedicated to habitat restoration projects, so the remaining $1,217 in the Olympic account will be placed there so the city will not have to maintain separate accounts. AB19391 (Ordinance 2011-12-65) Approved 7-0

Action Taken at December 12, 2011 Meeting

Shall the council:

252. Appeal Whatcom County’s approval of the Caitac rezones? At the 12/6/2011 meeting, votes #223/224 the Whatcom County Council approved a zoning change for 552 acres from one house per 10 acres to one house per five acres and the construction of a hotel. This vote allows the city to appeal the rezones to the Western Washington Growth Management Hearings Board and/or Superior Court. (Discussed in Executive Session) Approved 7-0

253. Ratify a collective bargaining agreement with the International Association of Fire Fighters, Local 106? This three year contract (2011 – 2013) contains the following terms: Wages: cost of living adjustments for 2011 – none; for 2012 – 3 percent and for 2013 – 2 percent in January and 1 percent in July (Discussed in Executive Session) Approved 7-0

254. Authorize the mayor to accept a $3 million state grant for cleanup of the former coal gasification plant1 on State Street? The funds will cover 50 percent of the costs of completing a remedial investigation report/feasibility study. The funds are in addition to a $425,000 grant the city received previously from the state for the project. This site covers about six acres of waterfront property at the north end of Boulevard Park. Contaminants found in the soil and water in the area include petroleum hydrocarbons, polyclyclic aromatic hydrocarbons and/or benzene, as well as metals, semi-volatile and volatile organic compounds. The study to be performed will determine the exact boundaries of the cleanup site, and will explore the options, technology and laws applicable to the project. (AB19416) Approved 7-0

255. Authorize the mayor to award the low bid of $1,620,643 to Ram Construction of Bellingham for the water main replacement project on Monroe Street? The water main will be replaced on Monroe between Broadway and Cherry Streets and on Lafayette Street from the dead end to Eldridge Avenue. The project also includes resurfacing Monroe, curb and gutter work and pedestrian improvements. The low bid was $442,150 below the engineer’s estimate. There were 126 solicitations viewed and 13 bids were received. (AB19417) Approved 7-0

256. Approve the legislative agenda2 for 2012? The legislative agenda is a list of issues important to the city of Bellingham which are expected to be before the 2012 session of the Washington State Legislature. City lobbyist Dick Little will work to achieve the city objectives and provide information concerning possible new issues. (AB19420) Approved 7-0

257. Appropriate $2,212,437 goods and services checks issued from November 18 through December 2, 2011? (AB19430) Approved 7-0

258. Honor Mayor Dan Pike for his service to the citizens of Bellingham? Dan Pike has served as mayor since November 2007. He is honored for his leadership, public service and dedication to the city. AB19431 (Resolution 2011-30) Approved 7-0

259. Honor Councilman Barry Buchanan for his service to the citizens of Bellingham? Mr. Buchanan has served as third ward representative on the City Council since January 2008. He is honored for his public service and his dedication to the citizens of Bellingham. AB19414 (Resolution 2011-31) Approved 7-0

260. Update the Sehome Neighborhood Plan? (Public hearing held at September 26 meeting) The Sehome Neighborhood Association has requested amendments to their neighborhood plan to remove inaccurate and outdated information and add new text. City staff is also proposing a rezone which will correct a boundary between areas 9 and 12 of the neighborhood and text amendments to provide clear and concise development regulations. AB19332 (Ordinance 2011-12-66) Approved 7-0

261. Adopt the 2012 annual budget? (Public hearings held at the 9/26 and 11/21 meetings.) The preliminary budget was first presented on 10/3/2011 meeting. The year 2012 begins with reserves of $120,273,702, anticipated revenue of $196,655,007, expenditures of $218,720,470 and $98,208,239 in ending reserves. The 2012 budget may be found on line at www.cob.org/government/budget/ AB19342 (Ordinance 2011-12-67) Approved 5-2, Terry Bornemann and Stan Snapp opposed.

262. Approve the assessment of $10,000 per unit for properties located within Local Improvement District #1109? The LID was created at the 8/09/2010 meeting, vote #165, to help pay for improvements to the sewer along 34th St. between Taylor St. and Donovan Ave which cost the city $315,368. The properties that will be charged are those benefiting from the improvements. A public hearing was held concerning the assessments on 9/21/2011 and the Bellingham Hearing Examiner issued recommendations on 10/7/2011. Each assessment to the 19 parcels will be payable over 10 years with interest charged on the unpaid balance. Property owners who fail to make timely payments will be charged a penalty. The funds that will be raised total $190,000 for current assessments, $80,000 for deferred assessments on potential future development and $45,368 covered by the sewer fund. AB19400 (Ordinance 2011-12-68) Approved 7-0

263. Appropriate $18,600 in library gift funds for books and digital media? The fund is made up of donations from Friends of the Bellingham Public Library and other organizations and individuals. The funds will be spent for books ($9,300) and digital media ($9,300). AB19402 (Ordinance 2011-12-69) Approved 7-0

264. Appropriate $15,000 for additional administrative costs related to tourism activities? The additional costs include salary and benefit increases and additional work performed during 2011. AB19403 (Ordinance 2011-12-70) Approved 7-0

265. Authorize the mayor to accept a $10,000 state grant for a feasibility study and the design of nearshore habitat restoration along the Bellingham Bay shoreline? At the 4/11/2011 meeting, vote #58, the council authorized and the mayor signed an agreement with the state of Washington for the east Fairhaven nearshore restoration and the Padden Creek estuary restoration project. At the 9/26/2011 meeting, vote #198, the council appropriated $88,000 for the habitat restoration project. AB19404 (Ordinance 2011-12-71) Approved 7-0

266. Appropriate $75,000 for special legal services and claims payments? Several lawsuits have named the city as defendant and have required more funds than were anticipated. During the last half of the year the city has been made a number of unanticipated claims payments. This appropriation will reduce ending reserves in the claims and litigation fund to $3,919,000. AB19405 (Ordinance 2011-12-72) Approved 7-0

267. Close the 2001 Fire Unlimited Tax General Obligation Fund? At the 3/16/2001 meeting, vote #45, the council authorized the city to issue $2,800,000 worth of voter approved bonds to finance property purchase, construction and equipping of fire station #6. The city made the final debt service payment on 12/1/2011. Any remaining balance and/or transactions associated with the bond issuance will be transferred to the general fund. AB19406 (Ordinance 2011-12-73) Approved 7-0

268. Close the Capital Maintenance Fund? This is simply an accounting change. The Government Accounting Standards board has changed the definition of a “Special Revenue Fund,” and the Capital Maintenance Fund no longer qualifies. The $1 million in the Capital Maintenance Fund will be transferred to the Facilities Fund. AB19407 (Ordinance 2011-12-74) Approved 7-0

269. Close the Technology Replacement and Reserve Fund? This fund also no longer qualifies as a “Special Revenue Fund” under the new criteria established by the Government Accounting Standards board. The ending reserves of $1,400,000 will be transferred to the renamed Telecommunication and Technology Fund. AB19408 (Ordinance 2011-12-75) Approved 7-0

270. Create a special revenue fund to be called the PEG Fund? The city uses a portion of the Comcast cable franchise fees to operate the Public, Education and Government Access Television channel. The new fund will be used for income and expenses generated by the operation of PEG television. Creating a separate fund will make it easier to determine the actual costs of operation, which are not known at this time. AB19409 (Ordinance 2011-12-76) Approved 7-0

271. Create a debt service fund to be called the 2011 QEC Bond Fund? At the 3/28/2011 meeting, vote #50, the council approved a bond issue of $6.5 million to reduce energy use in public building by at least 20 percent. The federal government will pick up 70 percent of the interest costs for Qualified Energy Conservation bonds. The bonds will be paid off over 14 years though 12/1/2025. AB19410 (Ordinance 2011-12-77) Approved 7-0