Bellingham City Council

Action Taken at April 8, 2013 Meeting

Shall the council:

54. Authorize the finance director to sign an agreement with the state to audit the city for the year 2012? The city pays the state auditor for financial auditing, federal grant compliance auditing and tests of compliance with state law. The estimated cost of these services will be $112,024 plus out of pocket expenses, it falls within the $120,000 the city has budgeted for the auditing. (AB19921) Approved 5-0, Stan Snapp and Jack Weiss excused.

55. Authorize the mayor to accept a $432,560 state grant to remove phosphorus from stormwater flowing into Lake Whatcom? This grant is part of the National Estuary Program for toxics and nutrients prevention, reduction and control. It will be used for system retrofits on Shepardson and Huntington streets in the Lake Whatcom watershed. The retrofits will remove phosphorus from stormwater flowing into the lake. The project is to be completed by 12/31/2015. (AB19924) Approved 5-0, Stan Snapp and Jack Weiss excused.

56. Grant a conservation easement to the Whatcom Land Trust for the Agate Bay Preserve II? The conservation easement is for 47.5 acres known as the “Uy” property in the Lake Whatcom watershed. The property is located on the lower foothills of Squalicum Mountain, south of Academy Road, north of North Shore Drive, west of Agate Bay Preserve and east of Eagle Ridge Drive The easement will permanently protect the property from development, so as to help restore the water quality of the lake. The Land Trust is committed to protecting open space, habitat and forestlands, and will function as an independent party to ensure that the terms of the conservation easement are enforced. The city will still be responsible for the property and any associated expenses and will pay the sum of $3,000 to the Land Trust when the agreement is signed. (AB19926) Approved 5-0, Stan Snapp and Jack Weiss excused.

57. Authorize the mayor to sign an agreement with the Port of Bellingham concerning the grant funding of Phase 1 development of Whatcom Waterway Park? The city and the port applied together for a state grant to fund this project. The state has agreed to a $1.5 million Brownsfield Partnership grant, which will be administered by the state Department of Commerce. The city will receive $750,000 for eligible expenses, out of which $22,500 will be paid to the state for administrative costs. The port will be the local lead agency for administering the funds. The city will submit invoices for grant reimbursements to the port and the port will verify the eligibility of the expenditures and submit requests to the Dept of Commerce for payment. The port will not charge the city for administrative costs. The project is to be completed by 6/30/2017. (AB19907) Approved 5-0, Stan Snapp and Jack Weiss excused.

58. Authorize Council President Seth Fleetwood to send a letter to Speaker Chopp and Representative Dunshee regarding the Housing Trust Fund? The letter requests adequate state support of the Housing Trust Fund. The state is considering cutting revenues for the fund. (New Business) Approved 5-0, Stan Snapp and Jack Weiss excused.

59. Approve the mayor’s appointment of Steve Crooks to the Planning and Development Commission? Mr. Crooks spent 2 years in Bellingham in the 1970’s and moved back here in 2007. He is a retired real estate project manager. He was responsible for handling eminent domain and zoning appeal cases for BP Exploration Oil’s retail and distribution sites, and he served as their information officer for the Deepwater Horizon oil spill response team in summer of 2010. He is currently president of the Cordata Neighborhood Association. This is a partial term, he is replacing Kurt Baumgarten. The term will end on 1/1/2017. (AB19933) Approved 5-0, Stan Snapp and Jack Weiss excused.

60. Authorize the mayor to award the low bid of $63,780 to Fixture Engineer of Bellingham to replace signal poles on West Bakerview Road? New traffic signal poles are needed to accommodate modification to traffic signals in this area. Signal poles will be replaced along W. Bakerview between Pacific Highway and Bennett Drive. There were 56 solicitations viewed and two bids were received. (AB19938) Approved 5-0, Stan Snapp and Jack Weiss excused.

61. Appropriate $5,216,553 for goods and services checks issued from March 15 through March 28, 2013? (AB19939/AB19940) Approved 5-0, Stan Snapp and Jack Weiss excused..

62. Appropriate $2,605,383 for payroll checks issued from March 9 through March 25, 2013? (AB19941)Approved 5-0, Stan Snapp and Jack Weiss excused.

63. Hire a warrant officer to provide Municipal Court security? A new civil service position will be added to the police department to alleviate security problems at the Municipal Court building on C Street. Police officers will no longer be required to put in overtime to provide court security. For the rest of 2013, the new officer’s salary will be $38,036 with benefits of $21,008; the 2013 police department budget must increase by $59,044. AB19896 (Ordinance 2013-04-018) Approved 5-0, Stan Snapp and Jack Weiss excused.

64. Reauthorize $42,402,584 for goods and services that were ordered in 2012 but didn’t have purchase orders or contracts by the end of the year? Capital expenditures account for $36,776,298 and $5,626,286 for operating expenditures. These funds and corresponding future expenditures will be moved to the 2013 budget and $273,185 will be placed in reserves. This reauthorization increases the 2013 budget expenditures from $244,699,029 to $304,738,568. AB19898 (Ordinance 2013-04-019) Approved 5-0, Stan Snapp and Jack Weiss excused.

65. Reauthorize $17,636,955 for goods and services that were ordered in 2012 but unpaid by the end of the year? At the end of each year there are contracts and purchase orders that are not completed or processed until the following year. AB19899 (Ordinance 2013-04-020) Approved 5-0, Stan Snapp and Jack Weiss excused.

66. Adjust the beginning balances for the 2013 budget by $42,387,680 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 2013 beginning reserves budget will increase from estimated reserves of $119,786,368 to actual reserves of $162,174,047. Reserves at the end of 2013 are estimated at $97,958,664. The city budget is available at City Hall or online at www.cob.org. AB19900 (Ordinance 2013-04-021) Approved 5-0, Stan Snapp and Jack Weiss excused.

67. Adopt strict regulations concerning aquatic invasive species? (Public hearing held at 3/11 meeting.) At the 7/2/2012 meeting, vote #140, the City Council passed an ordinance making the release of of invasive species into Lake Whatcom and Lake Samish illegal. New language will be added to the Bellingham Municipal Code, outlining definitions, inspection requirements, decontamination procedures, fees and the penalties for non-compliance. AB19901 (Ordinance 2013-04-022) Approved 5-0, Stan Snapp and Jack Weiss excused.

68. Authorize the mayor to accept a $833,000 federal grant for Phase 1 of the Granary/Bloedel streets in The Waterfront District? Granary and Bloedel will be the two arterial streets that provide access into the downtown waterfront area and to the Whatcom Waterway Park. The project includes installation of a traffic signal at Granary and Roeder and city utilities will be installed to serve the new area. AB19905 (Ordinance 2013-04-023) Approved 5-0, Stan Snapp and Jack Weiss excused.

69. Receive and spend a $750,000 state grant for Phase 1 of the Whatcom Waterway Park? These funds will be used for surveying, engineering, designing, permitting and construction for the first phase of the new park. Located on the northwest edge of the Waterfront District, the park will run along the south shore of the Whatcom Waterway. It will be accessed from the new Granary Avenue and by trail from Central Avenue. AB19906 (Ordinance 2013-04-024) Approved 5-0, Stan Snapp and Jack Weiss excused.

70. Receive and spend a $20,658 federal grant for the domestic violence program? This grant in partnership with Domestic Violence and Sexual Assault Services. Volunteers work with the Bellingham police department to provide services to the victims of domestic violence. The grant funding will pay the salary of a new volunteer coordinator. AB19911 (Ordinance 2013-04-025) Approved 5-0, Stan Snapp and Jack Weiss excused.

Action Taken at April 22, 2013 Meeting

Shall the council:

71. Spend $140,000 to purchase a .44 acre parcel of property for public parking? The property is located at 3199 Locust Drive, west of Marine Drive. The city will use the property to provide public parking at the trailhead for the city’s Whirlwind Beach property. The city will grant the sellers an easement to use the existing building on the property for public recreation purposes related to Whirlwind Beach. (Discussed in Executive Session) Approved 7-0

72. Authorize the mayor to award the low bid of $2,334,998 to Ram Construction of Bellingham for West Bakerview Road overpass project? This project will improve pedestrian safety and reduce congestion by adding a right-turn lane for the northbound I-5 on-ramp, a sidewalk will be added along the north side of the bridge on the overpass and the signals will be modified to provide dual left turn lanes at West Bakerview Road and I-5, near the airport. The Port of Bellingham will provide $500,000, Whatcom County $100,000, $650,000 in EDI loan, $1,500,000 from the State of Washington and $100,000 from the Fred Meyer Corporation. The engineer’s estimate was $2,912,843. There were193 solicitations viewed and seven bids were received (AB19944) Approved 7-0

73. Modify the second operating agreement with the Bellingham Public Development Authority? The City Council created the development authority at the 5/5/2008 meeting, vote #136, it was authorized to manage property redevelopment, the waterfront, central business district, the Old Town neighborhood and other redevelopment projects as directed by the City Council. The second operating agreement was approved at the 2/28/2011 meeting, vote #26. This proposed modification would add language to restrict the development authority from entering into contracts that obligate it past the end of the current budget year, unless the contract includes a provision to terminate, without liability, due to budget constraints. (AB19885) Approved 7-0

74. Appropriate $3,167,965 for goods and services checks issued from March 29 through April 11, 2013? (AB19953/19954) Approved 7-0

75. Appropriate $2,771,832 for payroll checks issued from March 26 through April 10, 2013? (AB19955) Approved 7-0

76. Rezone a portion of the King Mountain neighborhood? (Public hearing held on 2/25) The area to be rezoned is approximately 42 acres located at the northwest corner of James Street and Orchard Drive. A rezone application was submitted to the city on 10/1/2012 at the request of the property owners: Edgewater Park, LLC; Sunrise Park, LLC, and Ahi Ohana, LLC. Their rezone proposal includes: repealing the old zoning and site plan; increasing the density of housing by decreasing the property per unit from 5,000 to 3,600 square feet; allowing medical uses within a specific area, and removing a prerequisite requirement to improve James Street. The council held a work session on March 25, at the conclusion directed staff to prepare zoning that includes a diverse array of housing types, utilizing the city’s “infill tool kit” wherever possible. AB19860 (Ordinance 2013-04-026) Approved 4-2, Stan Snapp and Jack Weiss opposed, Gene Knutson was out of chambers.

77. Reorganize the staff positions in the finance department? Two current positions in the finance department. will soon be vacated, making this a good time to reorganize the department staff. The budget manager and accounting manager positions will be combined into a deputy director position. The full time micrographics mailroom position will be split into two part time positions. A budget analyst position and an internal auditor position will be created. The reorganization is expected to require a $68,550 increase in the finance department budget in 2013 and approximately $100,000 in 2014. AB19922 (Ordinance 2013-04-027) Approved 7-0

78. Change the city’s share of the state sales/use tax? At the 10/23/2006 meeting, vote #275, the city created a revenue development area (the Waterfront District), under the state’s Local Infrastructure Financing Tool (LIFT). By doing so, the city became eligible for a contribution from the state of up to $1 million per year for 25 years, to be paid to the city out of the state’s share of the local sales/use taxes and spent for public improvements within the development area. At the 8/24/2009 meeting, vote #189, the council established a maximum tax rate. This vote is a re-distribution of the state’s portion of the sales tax. The city must put up matching funds for the improvements in order to receive the state contribution. AB19923 (Ordinance 2013-04-028) Approved 7-0

79. Amend the 2013 budget to include a $432,560 state grant to remove phosphorus from stormwater flowing into Lake Whatcom? The money will be used for system retrofits on Shepardson and Huntington streets in the Lake Whatcom watershed. The project is to be completed by 12/31/2015. See the 4/8/2013 meeting, vote #55, for addition details about the grant. AB19925 (Ordinance 2013-04-029) Approved 7-0