Bellingham City Council

Action Taken at December 2, 2013 Meeting

Shall the council:

253. Authorize the mayor to sign an agreement with the Port of Bellingham for facilities within the Waterfront District to implement the Waterfront District sub area plan? The purpose of this agreement is to assign phased implementation of facilities, define the timing of property transfers and establish a process for the ongoing management of the Waterfront District, thereby creating conditions for successful investment and redevelopment. With some exceptions, the port will indemnify the city and the port will be solely responsible (as between the city and the port only) for any environmental liability relating to historical environmental conditions and/or sources on land dedicated by the port to the city for rights-of-way or parks. Construction and development will take place in five phases, each with its own set of roads, parks, and cleanup and shoreline restoration requirements. The fiscal impact will include $25,000,000 in local funding through 2037 and up to $1,000,000 revenue per year for 25 years from the state of Washington LIFT program; funding sources may include real estate excise tax, park impact fees, street fund, TBD, LIFT or other sources. (AB20212) Amended and approved 6-1, Jack Weiss opposed.

254. Authorize the mayor to sign an agreement with the Army Street property owners? This agreement with George Dyson, Trillium Corporation, Bellingham Public Development Authority, Wright Angle LLC, Donna MacDonald Trust and Thornberg Trust combines 14 separate parcels of land ranging in size from 1,200 to 15,000 square feet and avoids upfront capital outlay for land acquisition and assembly reducing development risk. Additional properties may become memorandum of agreement parties. (AB20197) Approved 5-2, Cathy Lehman and Stan Snapp opposed.

255. Declare certain real property within the Waterfront District surplus to the city of Bellingham? The city is considering transferring certain real property currently platted as streets to the Port of Bellingham. The properties in question are the full width of Hilton Avenue between the southwesterly line of Maple Street to the inner harbor line; a parcel of land at the southwest corner of the intersection of Hilton and Roeder Avenue; and the full width of vacated C Street between the southwesterly line of W. Laurel Street and the inner Harbor Line. For transfers of real property between governments, the Bellingham Municipal Code requires the city to follow state law, rather than the city’s surplus code and if disposed of, the property will be put to a higher or better use for the community at large. AB20186 (Resolution 2013-25) Approved 6-1, Jack Weiss opposed.

256. Amend the Shoreline Master Program within the Waterfront District shoreline designation? Two amendments will redesignate the shoreline in the log pond area from “recreational uses” to “shoreline mixed use” and clarify where residential uses can occur within the Waterfront District. AB20188 (Resolution 2013-26) Approved 4-3, Michael Lilliquist, Stan Snapp and Jack Weiss opposed.

257. Adopt a fee schedule for a floor area development bonus in the Waterfront District? A limited increase in developable floor area will be allowed in exchange for fees paid to the Lake Whatcom watershed property acquisition program. AB20209 (Resolution 2013-27) Approved 7-0

258. Authorize the mayor to sign a development agreement with the Port of Bellingham to implement the city of Bellingham’s Waterfront District sub area plan? The city and the port collectively seek to enter into this agreement to plan for the redevelopment of the Waterfront District into a mixed-use urban waterfront with commercial, industrial, residential, public and recreational use, and for predictability and certainty as to the development regulations, development phasing, State Environmental Policy Act process, and impact fee credits. AB20211 (Resolution 2013-28) Amended and approved 6-1, Jack Weiss opposed.

259. Amend the Bellingham Municipal Code to clarify the density bonus provisions currently allowed for multi-family developments in portions of the King Mountain Neighborhood? (Public hearing held at Nov. 18 meeting.) The code amendments will provide clear and concise development standards that will improve usability, promote efficient use of land and provide incentive to encourage higher multi-family densities by providing features that benefit the public. AB20187 (Ordinance 2013-11-083) Approved 7-0

260. Place $170,000 in state grants into the surface water utility fund? The grants are for Phase II of the National Pollutant Discharge Elimination System. The amount of $50,000 is for municipal permit holders and $120,000 is for the design of stormwater mitigation facilities. AB20190 (Ordinance 2013-11-084) Approved 7-0

261. Appropriate $45,000 for additional repairs and maintenance at the Lake Padden Golf Course? At the 7/1/2013 meeting, vote #138, Minergy, Inc of Ferndale was awarded the contract to install equipment to collect and route water from washing golf carts and mowing equipment into the sewer system. Current standards require treatment facilities for wastewater and oil; the water had been collected by a septic system at the maintenance shop. Additional sandstone has been encountered in the construction of the sewer line. Expenses have exceeded the contract and additional rock work must be done to complete the project. AB20192 (Ordinance 2013-11-085) Approved 7-0

262. Authorize the mayor to accept a $150,000 state grant for shoreline improvements at Bloedel Donovan Park? The grant money will be used to remove a failing concrete bulkhead along the east shoreline of the park, to install a new pervious concrete pathway and interpretive signs, and to create a new sand and gravel beach. The grant requires the city to provide 50 percent in matching funds. AB20193 (Ordinance 2013-11-086) Approved 7-0

263. Approve the vacation of an unnamed right-of-way located north of West Bakerview Road between Pacific Highway and Dover Street? (Closed record hearing.) Costco Wholesale has submitted land use applications to build a warehouse on abutting property. As part of the proposed development Costco Wholesale would be required to dedicate and improve Arctic Avenue from West Bakerview Road north to Division Street/Mahogany Avenue and additional width of Dover Street between West Bakerview Road and the subject right-of-way. Payment for the vacation of the subject right-of-way is not required. AB20196 (Ordinance 2013-11-087) Approved 7-0

264. Receive and spend a $32,900 state grant for an automated license plate recognition system? The funds are from the Washington Auto Theft Prevention Authority. Senior volunteers patrol the mall, shopping centers, shopping areas and neighborhoods looking for parking violations, abandoned vehicles and doing security checks. The automated license plate recognition system will allow seniors to check thousands of license plates for stolen vehicles. AB20200 (Ordinance 2013-12-088) Approved 7-0

Action Taken at December 9, 2013 Meeting

Shall the council:

265. Ratify the labor contract with AFSCME 114L for 2014? The agreement with librarians contains the following items: terms to last one year; wages to increase by 1.5 percent 1/1/2014; no change to city’s contribution to medical premiums; and a high deductible health plan with health savings account added as a third option for employees to choose. (Discussed in Executive Session) Approved 6-0, Cathy Lehman excused.

266. Ratify the labor contract with Teamsters 231S for 2014? The agreement with the supervisory and professional unit contains the following items: one year term; wages to increase by 1.5 percent on 1/1/2014, and 0.5 percent starting 7/1/2014; and no change to the city’s contribution to medical premiums. Approved 6-0, Cathy Lehman excused.

267. Authorize the mayor to award the low bid of $3,174,540 to Strider Construction Company of Bellingham for phase three of the Squalicum Creek Park project? At the 2/7/2005 meeting, vote #25, the council approved the park name and the master plan. The plan for the former 42-acre Pacific Concrete site called for three baseball fields (one lighted), an internal paved trail that connects to the citywide trail system, a potential area for salmon-rearing habitat and other activity areas with park amenities. Phase one for $1,481,856 was approved by the council at the 3/26/2007 meeting, vote #60. Phase two for $254,758 was approved by the council at the 3/15/2010 meeting, vote #52. Construction for phase three is anticipated to begin in January and conclude by the end of 2014. (AB20216) Approved 6-0, Cathy Lehman excused.

268. Authorize the mayor and the fire chief to sign the work plan with Fire District 8 for consolidation of administrative services? By consolidating the District 8 and Bellingham fire department training efforts and merging office staff into one group, the city expects to increase efficiency and maintain consistent training schedules. (AB20217) Approved 6-0, Cathy Lehman excused.

269. Authorize the mayor to sign a lease agreement with the Port of Bellingham and Whatcom County to open an emergency operations center? There is not adequate space in the county to quickly assemble an efficient center. The port-owned facility, used by the federal government during the 2010 Winter Olympics was eventually abandoned. Now the county, port and city want to share a portion of the port-owned building at the Bellingham airport to develop emergency management and responses. The city will pay the port $66,667 for three years and the port is responsible for maintenance and repair and the city retains the right to purchase the building. The 10-year contract expires on 12/31/2023. (AB20218) Approved 6-0, Cathy Lehman excused.

270. Reaffirm support of the existing Wellness Program and commending the Wellness Committee? At the 2/8/2010 meeting, vote # 30, the council approved the wellness program through the Association of Washington Cities. The Wellness Program promotes employee health and realizes benefit cost savings. The Association of Washington Cities’ awarded the city of the Bellingham the 2014 WellCity Award, which confers a two percent premium discount on employee Regence Health premiums in 2014 and discount on Regency and Group Health premiums in 2015. AB20222 (Resolution 2013-29) Approved 6-0, Cathy Lehman excused.

271. Authorize the mayor to sign an agreement with Whatcom County and the Port of Bellingham joining their funding resources on a multi-year basis? Previously, the parties had separately undertaken economic development contracting with various service providers to deliver business start-up, retention, recruitment, expansion and related services; staff recommends a continuation of this collaboration for an additional three years to ensure consistency in the delivery of economic development services to grow and sustain the Whatcom County economy. (AB20224) Approved 6-0, Cathy Lehmann excused.

272. Rescind the vote approving Ordinance 2013-12-087 due to a processing error? The ordinance was given third and final reading at the 12/2/2013 meeting, vote #236. The ordinance vacated an unnamed right-of-way located north of West Bakerview Road, between Pacific Highway and unimproved Dover Street. (AB20196) Approved 6-0, Cathy Lehman excused.

273. Authorize the mayor and library director to sign an agreement with the Whatcom County Rural Library District for the mutual extension of borrowing privileges and services? Since county residents use the city library to a greater degree than the county library is used by city residents, the county library agrees to reimburse the city library for the difference by making a payment of $151,360 total in 2014, with payments to be made quarterly; this amount includes a 2.7 percent increase over the amount paid in 2013. (AB20234) Approved 6-0, Cathy Lehman excused.

274. Authorize the mayor and library director to sign an agreement with the Bellingham Technical College Library, Western Washington University and the Whatcom Community College for the establishment and maintenance of holds pickup locations? The Bellingham Public Library will retain responsibilities for weekly delivery of public library holds and pickup of any expired holds or returned library items to be brought back to the three locations; they will supply space for the workstation, as well as shelf-space, electricity and data-connections as necessary. The Bellingham library will provide signage and public notification. (AB20235/20236/20237) Approved 6-0, Cathy Lehman excused.

275. Authorize the mayor to sign agreements with Whatcom County, the city of Blaine and the city of Lynden for the continued use of Bellingham’s Vactor Waste transfer facility? The facility, located at 2140 Division Street, handles street wastes from roadway and storm drainage systems in compliance with federal, state and local environmental regulations. Currently, the city’s Vactor Waste transfer facility is the only facility in Whatcom County that is an approved solid waste transfer facility for roadway and storm drain solid waste. Each user pays for the transfer costs as well as a proportionate share of all operation and maintenance costs for the facility. The agreements terminates on 12/31/2014. (AB20238/20239/20240) Approved 6-0, Cathy Lehman excused.

276. Authorize the mayor to sign an agreement with the state of Washington for the continued use of Bellingham’s 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. Currently, the city’s Vactor Waste transfer facility is the only facility in Whatcom County that is an approved solid waste transfer facility for roadway and storm drain solid waste. (AB20241) Approved 6-0, Cathy Lehman excused.

277. Appropriate $3,323,153 for goods and services checks issued from November 8 through November 22, 2013? (AB20242/20243) Approved 6-0, Cathy Lehman excused.

278. Appropriate $2,644,464 for payroll checks issued from November 9 through November 25, 2013? (AB20244) Approved 6-0, Cathy Lehman excused.

279. Vacate a portion of G Street between Roeder Avenue and West Chestnut Street within the Waterfront District? The southern one-half (30 feet) of the subject right-of-way will be vacated provided that the sum of $53,272.00 is deposited to the city of Bellingham Finance Department by the petitioners, the Port of Bellingham and the Sanitary Service Company. AB20207 (Ordinance 2013-12-089) Approved 6-0, Cathy Lehman excused.

280. Amend the Bellingham Comprehensive Plan and Land Use Development Code for the Waterfront District Sub Area Plan and related code provisions? The Sub-Area Plan’s purpose is to provide a framework for future development of the 237-acre site known as the “Waterfront District,” as defined in the city Comprehensive Plan. AB20208 (Ordinance 2013-11-090) Amended and Approved 5-1, Jack Weiss opposed, Cathy Lehman absent.

281. Amend the Bellingham Municipal Code to adopt the Waterfront District Planned Action Ordinance? A “Planned Action” means one or more types of project action that are designated planned actions by an ordinance or resolution adopted by the city and have had the significant impacts adequately addressed in an environmental impact statement, are located within an urban growth area, are not essential public facilities, and are consistent with the city’s comprehensive plan. The new chapter in Bellingham Municipal Code Title 16 – Environment creates the Waterfront District Planned Action pursuant to the State Environmental Policy Act. AB20210 (Ordinance 2013-11-091) Approved 4-2, Michael Lilliquist and Jack Weiss opposed, Cathy Lehman absent.

Action Taken at December 16, 2013 Meeting

Shall the council:

282. Spend $230,000 to purchase the Wise Property? The city will use the property, two parcels totaling 15.5 acres located along the Horton Road right-of-way just east of Aldrich Road in the Cordata Neighborhood, to expand Cordata Park and complete the trail/greenway segment between Cordata Park and Cordata Elementary School, to provide a site for future wetland mitigation, and to provide for city transportation uses related to Horton Road including stormwater and adjustments to the location of the Horton Road right-of-way. (Discussed in Executive Session) Approved 7-0

283. Authorize the mayor to sign a settlement agreement resolving all claims related to properties located at 3021 and 3024 Shepardson Street? The city shall pay Dennis and Jeannette Dashiell $35,000 to resolve disputed claims and avoid the time and expense of litigation. The Dashiells shall release the latecomers agreements for 3021 and 3024 Shepardson Street. (Discussed in Executive Session) Approved 7-0

284. Authorize the mayor to sign an agreement with the Chuckanut Community Forest Park District to sell them the Chuckanut Community Forest conservation easement for repayment of the Greenway Endowment Fund loan? (Joint public hearing held.) Present from the Chuckanut Community Forest Park District Board were John Hymas, Sue Kaun, Cathy McKenzie, Vince Bicichunas, and John Brown. At the 8/15/2011 meeting, vote #166, the council authorized the city to purchase the 82-acre Chuckanut Ridge/Fairhaven Highlands/100-Acre Wood/currently known as Chuckanut Community Forest property from Washington Federal for $8.2 million using Greenway funds, park impact fees and a Greenways Endowment Fund loan of $3,232,301. In February 2013, citizens in south Bellingham voted to create the Chuckanut Community Forest Park District and will repay the $3.2 million to the the Greenways Endowment Fund. The park district board approved the agreement as amended by the council 5-0 (AB20247) Amended and approved 7-0

285. Authorize the mayor to award the low bid of $368,493 to Award Construction of Ferndale for the Post Point chlorinator replacement project? The two existing chlorine vacuum regulators/switchover units for the two chlorine container banks will be replaced with 14 container-mounted vacuum regulators and two remote switchover units. The existing chlorine gas pressure lines will be replaced with chlorine gas vacuum lines. There were 51 bid solicitations viewed and two bids were received. (AB20249) Approved 7-0

286. Authorize the mayor to sign the termination agreement with the Public Development Authority for management of property at 600 West Holly Street? At the 10/24/2011 meeting, vote #211, the council voted to authorized the mayor to sign an agreement with the Bellingham Public Development Authority for them to manage the city-owned 2.2 acre lot located in Old Town. This vote transfers the property back to the city. (AB20252) Approved 7-0

287. Authorize the mayor to sign the Emergency Medical Services agreement with Whatcom County for Advanced Life Support Services? Under the contract the Whatcom County Executive’s office assumes overall responsibility for the provision of EMS services countywide. The city becomes one of two agencies contracted to provide ALS services and service delivery decisions will be collaboratively arrived at through board decisions. (AB20219) Approved 4-3, Stan Snapp, Terry Bornemann and Jack Weiss opposed.

288. Authorize the mayor to sign a contract not to exceed $40,800 with Whatcom County for jail offender work crews? Compensation will be at the rate of $425 per ten-hour day per offender work crew. The tasks include: sidewalk/curb sod/grass cleaning, tree well weeding, roundabout and traffic calming islands, cleanup of transient camps, stream clean up/trash removal and invasive vegetation removal. Whatcom County will furnish a crew of five-seven workers complete with all necessary tools and equipment as well as a sheriff department supervisor. The contract runs from 1/1/2014 through 12/31/2014. (AB20253) Approved 7-0

289. Approve an agreement with the city of Lynden to provide general maintenance services? This interlocal agreement allows the City of Bellingham to assist the City of Lynden in providing maintenance expertise and the ability to perform and assist in performing general maintenance tasks related to street, storm, sewer, and water distribution activities. (AB20254) Approved 7-0

290. Appropriate $2,733,636 for payroll checks issued from November 26 through December 10, 2013? (AB20255) Approved 7-0

291. Appropriate $4,219,584 for goods and services checks issues from November 22 through December 5, 2013? (AB20256) Approved 7-0

292. Honor Stan Snapp for his service to the citizens of Bellingham? The 4th Ward was represented by Joan Beardsley from 1/7/2006 until her death on 3/12/2007. Nine residents of the 4th Ward applied for the position. On 4/4/2007, the City Council appointed former council member Don Gisher (1984–1995) to the 4th Ward until 11/7/2007. Don Gisher ran for the position in the primary election and lost to Stan Snapp and Damon Gray. Stan Snapp won the general election and took the position at the 11/27/2007 meeting. He was reelected in the 2009 general election to a full four-year term. AB20245 (Resolution 2013-30) Approved 7-0

293. Honor Seth Fleetwood for his service to the citizens of Bellingham? Seth Fleetwood was elected to the At-Large position at the 11/3/2009 general election and reelected at the 11/8/2011 general election. Before he was elected to the City Council he served eight years on the Whatcom County Council. He defeated Marlene Dawson for the At-Large position on the County Council at the 11/6/2001 general election. He was reelected to the position at the 11/8/2005 general election. AB20246 (Resolution 2013-31) Approved 7-0

294. Authorize up to $75,000 from the Cemetery Cash Endowed Care Reserve to offset declining revenues? Revenue from grave and monument sales has been in decline for several years; the funds will offset this shortfall and will be used for care and operation of the cemetery or for capital improvements or embellishments within the cemetery. The vote leaves a balance of $190,000 in the reserve. AB20215 (Ordinance 2013-12-092) Approved 7-0

295. Adopt transportation impact fees for 2014? The 2014 Transportation Impact Fees are charged to new development proposals seeking building permits in order for the city to recover the costs of new transportation infrastructure, (i.e. streets, lighting, signage, maintenance, etc). 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 entire 12 years. The 2014 base rate of $1,907 is below the base rate of $1,925 in 2013 and $1,912 in 2012. AB20220 (Ordinance 2013-12-093) Approved 7-0

296. Transfer proceeds from the sale of 1100 Cornwall Avenue from the Public Development Authority fund to the parking services fund? The property at 1100 Cornwall Avenue was sold by the Public Development Authority for $1,176,877. The city of Bellingham parking services fund was the original source of funds used to acquire this property. The city has determined that the proceeds from the sale of the property should be transferred back to the parking services fund. AB20225 (Ordinance 2013-12-094) Approved 7-0

297. Adopt the 2014 budget? (Public hearings held on November 4 and December 2) The 2014 preliminary budget proposes estimated revenues of $227,078,463, expenditures of $241,107,954 and ending reserves of $103,661,688. The general fund estimated reserves include approximately $3 million of restricted funds for legal fees for environmental remediation, jail prepaid, medical costs, and donations to the fire and police departments. Amendments to the 2014 budget are as follows: the transfer of $25,000 from the Federal Building Fund to the library fund in order to restore Sunday service at the library, and the transfer of $8,000 from the Public Development Authority Fund and an additional $15,000 from the street fund to the City Council office for salaries and benefits. AB20226 (Ordinance 2013-12-095) Amended and approved 7-0

298. Restructure the $1.8 million loan to the Bellingham-Whatcom Public Facilities District? At the 7/16/2007 meeting, vote #141, the council approved the loan of $2.8 million to the Public Facilities District to help finance the new museum ($12.5 million) and Mount Baker Theater projects. They also voted to guarantee the repayment of bonds issued by the facilities district if they were unable to repay them. Due to the recession and corresponding reduction in sales tax revenue to the district, the city has insufficient reserves to pay the debt service by 12/31/2018. Restructuring of the loan will allow additional time for sales tax revenue growth as well as possibly restructuring other PFD debt. AB20227 (Ordinance 2013-12-096) Approved 7-0

299. Change a records supervisor position to a police support services specialist? This reclassification will allow 24-hour coverage without overtime; the additional coverage will help with meeting state requirements of entering warrants, domestic violence orders, concealed pistol licenses, gun purchases and records requests. AB20232 (Ordinance 2013-12-097) Approved 7-0

300. Create a Waterfront Construction Fund? At the 4/22/2013 meeting, vote #78, the council voted to redistribute the state’s portion of the sales tax. The construction fund will be used to track local sales and use tax that the city began receiving in September. It will re-distribute the state’s portion (6.5 percent) of the sales and use tax. The revenue is distributed to the city of Bellingham to pay for public infrastructure improvements within the revenue development area. AB20233 (Ordinance 2013-12-098) Approved 7-0