Bellingham City Council

Corrections to December 10, 2012 meeting

There were two errors in vote #264 to adopt the 2013 annual budget. The correct ordinanace number is 2012-12-064 and the vote was 4-3, Gene Knutson, Cathy Lehman and Stan Snapp opposed.

The next vote, number 261 did not belong in that location, it was the vote for the 2012 budget.

Action Taken at January 14, 2013 Meeting

Shall the council:

1. Authorize the mayor to renew an agreement with the Bellingham Housing Authority for police services? The housing authority will pay the city $99,626 and provide office space for a drug and crime prevention officer to work directly with staff and residents of housing authority properties and surrounding neighborhoods. The officer will provide both law enforcement and crime prevention services such as setting up block watch meetings, coordinating with the police department crime prevention units in targeted neighborhoods, working to locate drug dealers and providing counseling to juveniles at risk of drug involvement, doing a weekly inspection of multi-family developments and filing monthly reports with the housing authority and an annual report with the city. The officer will be available to residents and staff Monday-Friday from 7:30 a.m. to 4:30 p.m. This agreement runs from 1/14/2013 through 1/13/2014, it continues an ongoing program and may be extended if both parties agree. (AB19801) Approved 6-0, Cathy Lehman excused.

2. Authorize the mayor to sign an agreement with the Whatcom County Fire District No. 8 for collaborative fire department administrative services? This agreement represents an incremental approach toward consolidation with Whatcom County Fire District No. 8, (the Marietta District), a necessary step in the process of coordinating fire and emergency medical services between the city and the county. The city fire department will provide an officer to function as fire chief and CEO for District 8 and the assistant chief of the district will also be transferred to the city’s payroll. The city will provide managerial and administrative duties for the district including personnel management and scheduling, financial oversight, budget preparation and district representation. The district will pay the city $146,386 per year for these services. This agreement will terminate on 2/1/2017. (AB19802)Approved 6-0, Cathy Lehman excused.

3. Authorize the city to lease space in the Federal Building to the Whatcom Symphony Orchestra? When the monthly rent is below the going rate, the City Council must approve the lease. The orchestra lost its free office space on Grand Avenue and would like to remain in the downtown area because the building was sold. The monthly rent will be $300, one quarter of the regular $1,200 monthly rent. The term of the lease is six months with up to 18 month-to-month extensions and the city reserves the right to relocate orchestra space in the building, if necessary. (AB19804) Approved 6-0, Cathy Lehman excused.

4. Approve the City Council’s second scoping comments letter related to train traffic associated with the proposed Gateway Pacific Terminal project? At the 12/10/2012 meeting, vote #242, the council approved the first scoping letter which focused on the city’s Legacies & Strategic Commitments as impacted by the anticipated additional train traffic. This second letter starts by identifying specific areas of city resources and planning that may be negatively impacted: railroad crossings that may need overpasses and/or improvements; plans and projects that may be affected such as the Waterfront District, the overwater pedestrian walkway, the Chestnut Bay Bridge rehabilitation an the Climate Protection Action Plan. It then goes on to describe unavoidable impacts to the health and welfare of Bellingham citizens, to air quality and marine near-shore environment and to vital city services due to increased rail traffic. The letter recommends a range of alternatives and mitigation measures. (AB19809) Approved 6-0, Cathy Lehman excused.

5. Approve the City Council’s scoping comments letter related to climate change associated with the Gateway Pacific Terminal project? The Gateway Pacific Terminal is proposed to be the largest coal shipping facility in North America, the letter relates to local impacts from climate change due to mining, shipping and burning coal. It requests that the EIS study include climate disruption and temperature change, increased levels of toxins in the air and in water bodies and increased acidification of the waters. The letter also expresses concern over: loss of plant species; decreases in crop yield; seasonal shifts; changes in the Cascade Mountain snowpack; changes in water temperature and decreases in fish runs; lower water availability affecting city water rights; impacts to Lake Whatcom water quality; changes in forest ecology and productivity and increased risk of forest fires; changes in sea level affecting city drainage and sewage systems, and exposure to air borne toxins raising mercury levels in the soil, the water and aquatic species. The first scoping letter was approved at the 12/10/12 meeting, vote #242, and concerned local impacts from increased train traffic and a second letter (see previous vote) named more specific impacts from rail traffic and recommended alternatives and mitigation measures. (AB19810) Approved 5-1, Terry Bornemann opposed, Cathy Lehman excused.

6. Approve the mayor’s reappointment of Barbara Alten, Dan Burwell and Wes Frysztacki to the Transportation Commission? The commission advises the City Council on transportation planning and transit issues, ensures that transportation investments are consistent with Comprehensive Plan goals, advise the council on parking fees, fines and collection methods, off-street parking contracts and possible expansion of residential parking zones. This will be Barbara Alten’s first full term on the commission, the council initally approved her appointed at the 7/11/2011 meeting to fill a vacancy left by the resignation of Claudia Kelley. It will be the second and final terms for both Dan Burwell and Wes Frysztacki. All three terms expire on 10/19/2015. (AB19811)Approved 6-0, Cathy Lehman excused.

7. Renew the mutual use of facilities agreement with the Port of Bellingham? The agreement allows up to three free uses per year of each other’s facilities to be booked on an “availability basis.” The city of Bellingham can use the following port facilities: Bellingham Cruise Terminal, Squalicum Boathouse,. Blaine Boating Center, General Aviation Conference Room, Cornwall Conference Center and Technology Development Center. This annual agreement expires on 12/31/2013. (AB19814 ) Approved 6-0, Cathy Lehman excused.

8. Authorized the mayor to sign an agreement with the Port of Bellingham and Whatcom County to hire a legislative consultant? The city will pay $7,500 per month and the total maximum payable under this agreement is $90,000. The consulting firm McBride Public Affairs of Olympia — represented by Tom McBride and Ben Bucholtz — will represent the interests of the city/county/port on state legislative issues, identify opportunities for staff and elected officials to testify before legislative committees and/or meet with members of the Legislature and will work with Washington Associations of Cities, Counties and Ports in representing local interests. The consulting firm is also expected to monitor state government and strategically advise the local governments, prepare the legislative agenda for the upcoming season, research policy and handle all other intergovernmental services. (AB19815) Approved 6-0, Cathy Lehman excused.

9. Appropriate $12,048,869 for goods and services checks issued from December 1, 2012 through January 2, 2013? (AB19816/19817/19818/19819/19820) Approved 6-0, Cathy Lehman excused.

10. Appropriate $5,176,894 for payroll checks issued from November 22 through December 21, 2012? (AB19821/19822) Approved 6-0, Cathy Lehman excused.

11. Vacate an alley in the Happy Valley neighborhood to allow for the construction of the Parkway Gardens development? The alley runs from 19th and 20th streets in the block between Wilson Avenue and Old Fairhaven Parkway. Parkway Gardens is a 12 single family residential development planned for the property at 1906 Wilson Ave. In return for vacating the alley, the south and southeast portion of the property will be dedicated to the city for the daylighting of Padden Creek. On 2/27/2009, the Bellingham Hearing Examiner recommended approval of the vacation with conditions that it take effect only after the land is dedication to the city, the final plat approved and the utilities in the alley are relocated. AB18775 (Ordinance 2013-01-001) Approved 6-0, Cathy Lehman excused.=

12. Vacate a portion of Cowgill Avenue? Public ownership of the rights-of-way will be relinquished. The right-of-way is not currently developed and lies next to the Parkway Gardens, a 12-residential lot development on Wilson between 19th and 20th. The petitioner, PMC Properties will dedicate land to the city for a Padden Creek wetland corridor and for use in daylighting the creek and will construct a channel to create a riparian habitat, increase flood control and mitigate wetlands impacts associated with the Parkway Gardens development. The Bellingham Hearing Examiner held a hearing on 7/28/2010, and recommended approval with conditions. AB18978 (Ordinance 2013-01-002) Approved 6-0, Cathy Lehman excused.

Action Taken at January 28, 2013 Meeting

Shall the council:

13. Spend $275,000.00 for a 5.2 acre parcel of property next to Cordata Park? The purchase of this property will expand Cordata Park to the north, enable the construction of a critical Cordata area trail segment, and provide wetland mitigation capacity for other park projects. (Discussed in Executive Session) Approved 7-0

14. Appropriate $2,575,109 for goods and services checks issued from January 3 through January 10, 2013? (AB19837) Approved 7-0

15. Appropriate $2,685,212 for payroll checks issued from December 22, 2012 through January 10, 2013? (AB19838) Approved 7-0

16. Authorize the mayor to sign a $1,044,637 loan agreement with the state of Washington for the Squalicum Creek re-route project? The Washington State Department of Ecology has awarded the city $1,267,274 ($222,637 is forgiven amount) to be used for phase one of the re-route project. The city will also received a $500,000 state grant. Approximately 3,000 feet of new stream channel will bypass sunset pond and bug lake to decrease stream temperatures and improve dissolved oxygen levels and the culverts that are presently a barrier to fish passage. Five to seven acres of native plantings will provide a 35-50 foot buffer on both sides of the new creek channel. In addition to improving water temperature/quality and restoring natural habitats, the project is expected to reduce flooding of adjacent properties. Loan terms are 20 years at 2.7 percent interest. Annual debt service will be approximately $38,535 to be paid by the end of 2035. AB19826 (Resolution 2013-01) Approved 7-0

17. Adjust the city budget to pay for a new assistant fire chief position? As part of a long range plan to consolidate fire and emergency medical services throughout the city and county, the city is entering into an agreement to manage Whatcom County Fire District 8 (see the 1/14/2013 meeting, vote #2). The city fire department will assign a fire chief to the district and the district’s assistant fire chief will also be placed on the city payroll. Accordingly, the city fire department budget must be adjusted by $146,386 in order to pay for the assistant chief’s salary and benefits and the county will be paying the same amount to the city for administrative services. AB19803 (Ordinance 2013-01-003) Approved 7-0

18. Amend the city municipal code to slightly change the functions of the mayor’s Neighborhood Advisory Committee? The committee was previously required to review and/or formulate proposed changes to the Comprehensive Plan and neighborhood plans. The new language removes that mandate and makes the review optional. It also reduces the number of committee meetings per year from 12 to 10 and clarifies the purpose of the meetings. AB19808 (Ordinance 2013-01-004) Approved 7-0