Bellingham City Council

Action Taken at May 13, 2013 Meeting

Shall the council:

80. Hire attorney Kris Bundy as outside legal counsel in the case of Herron v. City of Bellingham? The city has been named as a defendant with police officer Michael Scanlon and Jane Doe Scanlon in a lawsuit brought by Charles Carroll Herron. Mr. Herron contacted Juliette Daniels and was arrested for violating a temporary restraining order. He was held in the Whatcom County jail from December 17, 2010 until December 20, 2010. When a city prosecutor reviewed the temporary restraining order all charges were dismissed. Mr. Herron claims he suffered harm and loses due to his arrest and incarceration and is entitled to penalty damages. The case was filed in the Seattle office of the Washington Western District Court. (Discussed in Executive Session) Approved 6-0, Gene Knutson excused.

81. Ratify the 2013-2014 collective bargaining agreement with the Fraternal Order of Police? The two-year agreement with five police lieutenants contains the following terms: wages will increase 3 percent on June 1, 2013 and 2 percent on January 1, 2014. Additional Items will include longevity pay, education incentive and management leave. Benefits include continued health insurance premium sharing at non-represented employee rates and the addition of high deductible health plan with health savings account as a third option. (Discussed in Executive Session) Approved 6-0, Gene Knutson excused

82. Add the Cornwall Park Neighborhood Plan amendment to the list of Comprehensive Plan amendments to the 2013-2014 docket? The amendment will remove an unnecessary requirement to extend a public street through private properties located east of Meridian between Baker Street and Orchard Drive. The properties are zoned for industrial use. The docketing request and five others came in after the 4/1/2013 deadline for this year’s docket applications. (AB19960) Approved 6-0, Gene Knutson excused

83. Authorize the mayor to award the low bid of $422,079 to P&P Excavating of Bellingham for shoreline improvements at Boulevard Park? Phase 1 to restored the Paddle Point trestle was approved at the 6/22/2010 meeting, vote #130. This vote is for Phase 2 of the Boulevard Park project. Concrete rubble along the shoreline will be replaced with a sand and gravel beach. The number of solicitations viewed were not listed and seven bids were received. The engineer’s estimated cost was $461,706. The work will be funded by the Greenway 3 levy, which identified it as a priority project. (AB19963) Approved 6-0, Gene Knutson excused

84. Authorize the mayor to sign a 2013 memorandum of understanding with the Bellingham Public Development Authority? The City Council approved the creation of the development authority at the 5/5/2008 meeting, vote #136. The authority helps to develop and manage city-owned properties. At the 2/28/2011 meeting, vote #26, the council authorized the city to enter into a second operating agreement with the development authority. This memorandum will clarify exactly what is expected from the authority in 2013 in exchange for public funding. Specifically, the development authority will: meet with and report to the city council every other month beginning 2/25/2013; promote redevelopment of the “Army Street” block, that is bounded by Central Avenue, Bay Street, West Holly, and the railroad tracks, by soliciting agreements from the owners of the properties in that block and preparing an initial concept plan for redevelopment that is in keeping with the city’s plans for the neighboring Waterfront District; Prepare and issue a request for proposals for development of city owned property at 600 W. Holly. Additionally, this memorandum provides for the city to take over management of the Federal Bldg. (AB19884) Approved 4-1-1, Cathy Lehman opposed, Stan Snapp abstained, Gene Knutson excused.

85. Authorize the mayor to award the low bid of $1,510,873 to Stremler Gravel of Lynden for the 2013 annual street resurfacing program? Each year the city overlay program is done on the most needed streets. This year the program includes: Highland Drive from Taylor Avenue through W. Campus Way to N. Garden; W. College Way from Highland Drive to Bill MacDonald Pkwy and Hannegan Road from E. Bakerview to the city limits. Sections of the sewer main on Highland Dr. will be replaced at the same time as the paving work. The work will begin when WWU is not in session. There were 72 solicitations viewed and five bids that were received. (AB19978) Approved 6-0, Gene Knutson excused.

86. Authorize the mayor to award the low bid $136,880 to Faber Construction of Lynden for improvements to the Cornwall and Maple intersection? Rain gardens will be installed to filter stormwater and replace the catch basins that are currently tied into the city sewer system. Also, sidewalks will be installed along the southwest side of Maple and crosswalks will be added to the intersection. Bidding opened on 4/18/13; there were 118 bid solicitations viewed and eight bids were received. (AB19968) Approved 6-0, Gene Knutson excused.

87. Authorize the mayor to award three low bids totaling 123,057 for the water distribution system? The components are brass service and threaded fittings that are used on water main connections and maintenance projects.The fittings were divided into three groups. Group 1 fittings will be purchased from HD Supply Waterworks of Bellingham for $97,300; Group 2 fittings will be purchased from HD Fowler of Bellingham for $20.572; Group 3 fittings will be purchased from General Pacific of Fairview, OR for $5,185. There were 27 bid solicitations viewed and four bids were received. (AB19969) Approved 6-0, Gene Knutson excused.

88. Authorize the mayor to sign a purchasing agreement with the Riverside Fire Authority of Centralia, WA? This agreement will allow either party to make purchases under contracts the other has secured through competitive bidding. Bidders must be notified in advance that their bids, terms and prices will be available to both parties. (AB19970) Approved 6-0, Gene Knutson excused.

89. Appropriate $6.300,407 for goods and services checks issued from April 12 through May 2, 2013? (AB19974/19975/19976) Approved 6-0, Gene Knutson excused.

90. Appropriate $3,094,066 for payroll checks issued from April 11 through April 25, 2013? (AB19977) Approved 6-0, Gene Knutson excused.

91. Amend the administrative and financial plan of the housing levy? The City Council voted at the 6/18/2012 meeting, vote #128, to place a property tax levy for low-income housing assistance on the 2012 general election ballot. The levy passed with 56.6 percent of the vote. The council approved the administrative and financial plan at the 11/19/2012 meeting, vote #226. This amendment will alter the plan by increasing funding for rental assistance and allow increased use of funds for interim housing and support services for homeless people awaiting housing. AB19959 (Resolution 2013-05) Approved 6-0, Gene Knutson excused.

92. Add the former Georgia-Pacific treatment lagoon trail project to the Comprehensive Plan? (Public hearing held April 8 meeting.) At the10/22/2012 meeting, vote #198, the City Council voted to exchanged properties with the Port of Bellingham in the Waterfront District. The agreement allowed the city to build a temporary trail on the breakwater separating the treatment lagoon from Bellingham Bay. The city budget is $500,000 for the construction, that will include fencing, signage, parking and surface improvements and a possible future connection to Bellwether Way. The project will be paid for by first quarter Real Estate Excise Tax funds, in order to do that the trail must be included in the capital facilities element of city’s Comprehensive Plan. AB19917 (Ordinance 2013-05-030) Approved 6-0, Gene Knutson excused.

93. Reorganize library staffing? The proposed changes include: ending one cataloging position when the present employee retires; changing a part time cataloging position into full time; changing three other, currently vacant positions to lower pay grades and restoring the head of circulation services position which was eliminated because of budget cuts three years ago. The reorganization will save the city $15,058 in 2013 and will increase the 2014 library budget by $48,527. AB19947 (Ordinance 2013-05-031) Approved 6-0, Gene Knutson excused.

94. Reclassify a position in the Public Works Department? The position of “operations administrative secretary,” that has been vacant since November 2012, will be reclassified as a “support and services supervisor.” The new supervisor will oversee support staff and provide executive-level support to the assistant directors of operations and natural resources. The 2013 funds are sufficient, but beginning next year, this change will require an additional $8,300 be added to the Public Works Department budget. AB19952 (Ordinance 2013-05-032) Approved 6-0, Gene Knutson excused.

Action Taken at May 20, 2013 Meeting

Shall the council:

95. Spend $1,852,500 to purchase 33 acres of property? A 13 acre parcel will be purchased for $882,500 and used for a regional stormwater pond facility and a 20 acre parcel will be purchased for $970,000 and used for offsite wetland mitigation. The are located north of the city limits and Bakerview Road and east of Pacific Highway. The 13 acre parcel lies just to the north of (unimproved) Division Rd, between Northwest Drive and the Pacific Highway. A stream/creek runs from north to south across the property. The 20-acre parcel is located just north of that between (unimproved) Stuart and June roads. (Discussed in Executive Session) Approved 7-0

96. Authorize the mayor to settle the West Cordata Green Hearing Examiner Appeals? (See vote 101 for details on the settlement.) On 12/7/2000, Whatcom County approved a Planned Unit Development and a General Site Plan for ten-years to construct 344 residential units on property located on June Road in the Cordata Neighborhood. At the 5/19/2008 meeting, vote #151, the City Council voted to annexed the area. The property owners, Green Valley Holdings LLC and Aldrich Park LLC, were two additional years by the city, (up until 12/7/2012), to file specific site plans. Aldrich Park filed a specific plan application on 11/1/2010 to build 12 single family homes, which was approved by the city on 10/12/2012. Green Valley filed a Specific Plan Application on 9/6/2012 to build 77 single family homes and 167 multi-family units. On 11/14/2012, Aldrich Park filed an application for an additional 71 single family dwelling units. On 12/6/2012, one day before the deadline, the city declared that all the on and off site infrastructure (streets, sewers, drains, etc) must to be built before the city would approve the plans. The property owners filed an appeal of this decision with the Bellingham Hearing Examiner. On 12/17/2012, the city issued non-approval of the plans because the 12/7/2012 deadline was passed. Again the property owners filed and appeal with the Hearing Examiner. Vote 101 below (Resolution 2013-06) authorizes the mayor to settle the litigation by entering into the development agreement with Green Valley and Aldrich Park. (Discussed in Executive Session) Approved 6-1. Jack Weiss opposed.

97. Authorize the mayor to sign a lease with Kuntz Community Dance for the Commercial Street Theatre? At the 10/8/2012 meeting, vote #191, the council directed staff to negotiate with Kuntz and Company a lease for 3,847 square feet of available space at 1302–1310 Commercial Street in the Parkade. Under the terms of this 10-year public-benefit lease, the non-profit corporation Kuntz Community Dance will pay $500/month, plus annual 3 percent increases, which is 20 percent of the going rate for downtown commercial space. The remodel is expected to take from 6/1/2013 until 9/1/2014 — when the rent will start. Three empty units will be remodeled into a 216 seat theatre with a sprung floor for theatre, dance and music performances. Kuntz will pay all the costs of the installation (approximately $478,000) plus the leasehold excise tax and pro-rata share of the city’s operating/maintenance costs. The lease will expire on 8/31/2024 and may be renewed for an additional 10 years. (AB19985) Approved 5-2, Cathy Lehman and Jack Weiss opposed.

98. Authorize the mayor to award the low bid of $1,144,058 to Ram Construction of Bellingham for construction of the Wharf Street roundabout? It will be built at the intersection of Wharf, State, N. State, N. Forest and the Boulevard. There were 136 solicitations viewed and six bids were received. (AB19983) Approved 6-1, Michael Lilliquist opposed.

99. Appropriate $1,916,749 for goods and services checks issued from May 3 through May 9, 2013? (AB19989) Approved 7-0

100. Appropriate $2,690,612 for payroll checks issued from April 26 through May 10, 2013? (AB19990) Approved 7-0

101. Authorize the mayor to sign a development agreement with Green Valley Holdings and Aldrich Park to settle litigation? (Public hearing held) See vote 96 for a detailed history of the development. The agreement concerns property on both sides of June Road near its intersection with Aldrich Road. The north side property belongs to Green Valley Holdings, LLC and the south to Aldrich Park, LLC. The properties border on wetlands. The city denied applications to develop the property because the project deadline passed before the infrastructure for the proposed developments could be built. The property owners appealed the city’s decision because the city ruling that the infrastructure had to built before approval could be issued came only one day before the deadline. The city has now reached a settlement with the property owners and this development agreement is part of it. Under its terms the property owners must complete improvements to both June and Aldrich roads by 12/31/2013 and the city will be granted a public trail easement that will run from the south boundary of the Aldrich property to the public trail right of way on the north edge of the Green Valley property. Both companies must complete all required infrastructure, and the city must approve that and all other permits before construction can begin. The city will hold Lien Deeds of Trust on the properties to ensure compliance with the terms of the agreement. The new project expiration is set at 5 p.m. on 6/1/2020. AB19981 (Resolution 2013-06) Approved 6-1, Jack Weiss opposed.

102. Ease development restrictions for a portion of the Fountain District? (Public hearing held) At the 10/11/2010 meeting, vote #201, the council adopted the Fountain District Urban Village plan. It limited the floor to area ratio (the gross floor space divided by the site area) to .6 in the commercial transition zone, so as to discourage demolition of historic single-family houses on Elm Street within the Eldridge Historical District. This ordinance will establish a new floor to area ratio of 1.5 for the part of Dupont Street that lies between Broadway and I Street because there are no historic houses there. Only five properties are affected. AB19956 (Ordinance 2013-05-033) Approved 7-0

103. Adjust the 2013 budget by $41,000 to hire a security screening firm for the Municipal Court? The council approved a new security plan for the Municipal Court at the 4/8/2013 meeting, vote #63, and adjusted the 2013 budget to cover the costs of hiring a security officer ($59,044). An additional estimated $41,000 is needed to contract with a firm to provide security screening personnel to work in the front lobby of the Municipal Court building. The total cost of the new security system is estimated to be $131,544 in 2013 and $146,300 in 2014. AB19961 (Ordinance 2013-05-034) Approved 7-0

104. Rename the PW Trust – Street Overlay Fund the Governmental Debt Service Fund? In 2003, the city created the Public Works Street Overlay Fund to account for debt service payments on a Public Works Trust Fund loan. At the 12/5/2011 meeting, vote #249, the County Council authorized a $350,000 Economic Development Investment Fund loan as part of the $3.1 million project to improve the I-5 overpass at West Bakerview. Rather than create a new specific Debt Service Fund for this loan, staff proposes to use the same fund and change the name of it to “Governmental Debt Service Fund” AB19971 (Ordinance 2013-05-035) Approved 7-0

105. Accept and spend a $12,509 federal grant to provide training for land-based firemen in marine fire fighting techniques? The Federal Emergency Management Agency port security grant will allow the Bellingham Fire Department personnel to attend a two-day maritime firefighting class conducted by the Puget Sound Marine Firefighting Commission and the Seattle Fire Department The class will cover: CO2 operations; dewatering; live fire/fire attack and flammable liquid spills; cutting/forcible entry; and recon/rapid assessment of vessels. The total cost of the program will be $16,012. AB19972 (Ordinance 2013-05-036) Approved 7-0

106. Reclassify a position in the finance department? The finance department is re-organizing due to staff changes and pending projects. The budget staff will be taking on additional work due to the implementation of biennial budgets and new budgeting software. One part-time program technician position will be eliminated and a new full-time program specialist position will be created to: assist in selecting/designing and using new budgeting software; integrate it with the main city systems, such as the general ledger and payroll management system; and provide “technical interface with the IT staff.” No additional funds will be required for this staffing change. AB19973 (Ordinance 2013-05-037) Approved 7-0