Bellingham City Council

Shall the council:

154. Authorize the mayor and fire chief to sign an emergency response agreement with Whatcom County Fire Protection District No. 8? The agreement will be implemented by a joint board consisting of the Bellingham fire chief and the district fire chief or their representatives. Under the terms of this agreement, joint services areas will be defined where the city fire department and fire district #8 will share emergency response services. It may serve as a partial or complete consolidation of services. Both parties will provide apparatus, equipment, supplies and qualified personnel for specific types of incidents. The district will reimburse the city for the costs of training county firefighters to work with the city fire department. District 8 lies between the Guide Meridian and the shoreline, south of Slater Road and north of Broadway. (AB19290) Approved 7-0

155. Issue a noise variance to Colacurcio Brothers Construction to pave Lakeway Drive at night? Construction work between 10 p.m. and 7 a.m. requires a noise variance. Lakeway Drive between Kenoyer Street and the city limits experiences high traffic flow during daylight hours so it will be paved at night. The paving is part of the 2011 street resurfacing program. The work is expected to take three nights. (New Business) Approved 7-0

156. Appropriate $1,369,235 for goods and services checks issued from July 15 thru July 21, 2011? (AB19291) Approved 7-0

157. Appropriate $2,582,019 for payroll checks issued from July 9 thru July 25, 2011? (AB19292) Approved 7-0

158. Authorize the issuance of revenue bonds not to exceed $48 million to pay for capital improvements to the city water and sewer system? In addition the bonds will pay for security improvements, a new lift station equipment, annual sewer main replacement, inflow and infiltration projects, a wet weather peak flow facility, water meters for all customers, the King Mountain reservoir and a water pre-treatment facility. AB19279 (Ordinance 2011-08-41) Approved 6-1, Jack Weiss opposed.

159. Prohibit signs on medians and roundabouts located within a city right-of-way? (Public hearing held at July 11 meeting.) Signs that obstruct sight lines jeopardize safe driving. Council amended the ordinance, changing median to “median strip” and defining a median strip as “a paved or planted strip dividing a highway into lanes” and defining a roundabout as “a road junction at which traffic streams circularly around a central island.” Signs placed by any government agency will be allowed. AB19150 (Ordinance 2011-08-42) Amended and approved 7-0.

160. Appropriate $80,000 to hire special legal counsel for land use litigation? The city attorney requires the assistance of special counsel to effectively represent the city’s interests. Appeals have been filed to several major land use decisions made by Whatcom County, see City Council votes on 2/2/2011 meeting, vote #13; 4/25/2011 meeting, vote #69; 6/20/2011 meeting, vote #109: 7/11/2011 meeting, vote #127 and 7/25/2011 meeting, vote #139. AB19266 (Ordinance 2011-08-43) Approved 7-0

161. Amend the municipal code to change setback requirements in residential and industrial planned zones? Setbacks for buildings, parking/loading areas and landscape screening areas will be altered. The minimum setbacks between uses in the same zone will be reduced and parking lot landscaping will allow visibility into the parking area from the street in the interests of crime prevention. In residential planned zones, builders will be encouraged to orient new structures toward the street or toward common open spaces, and an Open Space requirement will be established as well as a green area factor alternative. In industrial planned zones, industries that have some pedestrian-oriented features will be allowed to locate closer to the street when the zoning across the street is non-residential; buffers between interior yards and commercial, public or institutional zones will be reduced where appropriate; and separation between zoning designations will become more flexible when nearby permitted uses are compatible. Loading areas will not be permitted within required building or parking setbacks, and a wall of trees will only be required for a 25 foot yard located within an Industrial zone. AB19274 (Ordinance 2011-08-44) Approved 7-0

162. Reclassify a police lieutenant position to a deputy police chief position? This change has been requested by the Bellingham police chief in order to accommodate the operation of the Office of Emergency Management. Fire department senior management will be reduced at the same time. AB19282 (Ordinance 2011-08-45) Approved 7-0

163. Close the motor vehicle intoxication fund? The section of the municipal code which authorized this fund was repealed in 1994. As the fund is no longer necessary or in use, this ordinance will repeal it entirely, and allow the account to be closed. AB19284 (Ordinance 2011-08-46) Approved 7-0

164. Close the Mount Baker Theatre enterprise fund? This fund was added to the municipal code in 1984 for the purpose of managing and operating the theatre. Since the theatre is now owned by the Bellingham-Whatcom Public Facilities District, the fund is no longer necessary. AB19285 (Ordinance 2011-08-47) Approved 7-0

Shall the council:

165. Authorize Whatcom County Water District #7 to approve two new water connections for the L and J Thaut cluster short plat? Judy Thaut lives outside the city limits at 3690 Haggin Road in the Lake Whatcom watershed. Her husband, recently deceased, spent five years and $50,000 to subdivide the property into three parcels. One of the lots has the existing house and the two others are buildable lots. He was granted city water for the two buildable lots. One year ago these lots were placed on the market and a buyer was found for one of them. When the potential buyer inquired with Water District #7 the city refused to grant water service. The city has a policy of refusing to grant water service outside the city limits. Water District #7 made a mistake when it sent a letter to the city because it asked for “new water service.” The property owner has been bounced from county agencies to city departments without any resolution. Only the City Council can resolve this bureaucratic nightmare. This vote is conditioned upon the new owners of the short plat entering into a contract with the city of Bellingham to develop the new residential units on the property in accordance with the city’s Lake Whatcom Reservoir regulatory chapter or other equivalent standards to protect the water quality of Lake Whatcom. (Discussed in Executive Session) Approved 7-0

166. Spend $8,230,000 to purchase the Chuckanut Ridge/Fairhaven Highlands property? The property is also known variously as 100-Acre Woods, One-Hundred Acre Wood and Hundred-Acre Wood. The city has been wanting to buy this 82-acre parcel of property and protect it since 1997 when the voters first approved the Beyond Greenway levy. In 2004, Greenbriar Northwest Associates and Horizon Bank acquired the land and in 2005 proposed building a 739 unit housing development known as the Fairhaven Highlands on approximately 85 acres of land. The public was outraged at the idea, but the owners wanted $26 million for the land, so purchase by the city was not feasible at that time. After Horizon Bank failed in 2010, its assets became the property of Washington Federal and the property was foreclosed in order to acquire it from Greenbriar NW. Now instead of being developed the area will become public park/recreational property. To finance the purchase, $4.5 million of the money will come from the Greenway III levy, $500,000 will come from southside park impact fees and the balance of approximately $3.23 million plus closing costs will come from a Greenways Endowment Fund loan.The deal is expected close by 9/29/2011. (Discussed in Executive Session) Approved 7-0

167. Authorize the mayor to award the low bid of $589,403 to Trimaxx, Inc. of Sedro Woolley for emergency repairs to the Nooksack diversion dam access road? The access road was damaged by rain and snow in January of 2009. At the 3/23/2009 meeting, vote #48, the council authorized the awarding of a $438,543 bid for repairs to the tunnel and access road. This vote includes replacing the embankment and protecting the slope, replacing several damaged culverts and a bridge, and minor repairs to the diversion dam. There were 101 solicitations viewed and nine bids were received. (AB19297) Approved 7-0

168. Endorse the Community Opportunities Conference plus concert celebration at the Bellingham High School? This Visionary Mastermind event takes place on Saturday, October 1, from 8:30 a.m. to 5 p.m. It is being produced as a collaborative effort by Whatcom County ReEntry Coalition and UnitingCreatives.com, and is sponsored by YES! Magazine. Focusing on grassroots visions for Whatcom County, this event will feature panel discussions with panelists from all sectors of the community, examining the challenges facing us and presenting ideas for possible “holistic” solutions. From 7-9:30 p.m., a multi-cultural concert is planned to demonstrate the power of music as a “leadership and visionary art,” featuring Nashville singer Shawn Gallaway and others. Approved 7-0

169. Appropriate $1,971,972 for goods and services checks issued from July 22 through August 4, 2011? (AB19305/19306) Approved 7-0

170. Appropriate $3,539,691 for payroll checks issued from July 26 through August 10, 2011? (AB19307) Approved 7-0

171. Declare the repair of the Nooksack diversion dam pipeline leak an emergency? An emergency declaration exempts the city from the formal bid process. On 8/3/2011, a rupture was discovered in the 40 inch pipeline which conveys water from the middle fork of the Nooksack River to Lake Whatcom. The pipeline was shut down and environmental consultants Shannon and Wilson were retained. At an estimated cost of $125,000, Ram Construction was hired to repair the leak. AB19295 (Resolution 2011-15) Approved 7-0

172. Set September 21 as the public hearing date to set assessment amounts for the 34th Street local improvement district? Construction of the 34th Street sewer line between Donovan Avenue and Taylor Street has been completed at a total cost of $315,365. The next step is to establish the amount of the assessment on 19 parcels in the local improvement district. The hearing will be held at 7 p.m. in the City Council Chambers. Objections may be made at the hearing or in writing beforehand. AB19299 (Resolution 2011-16) Approved 7-0

173. Appoint committees to prepare pro and con arguments on the Traffic Safety Camera initiative for the local voter’s pamphlet? A ballot measure requires a committee of three city residents to write up each side of the issue. The statement for approval of the initiative will be prepared by Johnny Weaver, Christy Nieto and Randall Elmore. The statement against the measure will be written by Todd Ramsay, Orphalee Smith and Rebecca Johnson. AB19302 (Resolution 2011-17) Approved 7-0

174. Correct an error in the fire department fee schedule for review of commercial building permits? At the 12/7/2009 meeting, vote #267. the council updated the fee schedule for permitting commercial buildings valued at over $1 million. The percentage was mistakenly listed as $1,000 plus .01 percent of the value over $1 million. Instead of .01 percent it should have read 0.10 percent. AB19304 (Resolution 2011-18) Approved 7-0

175. Amend the comprehensive plan/neighborhood plan docket review process? (A public hearing was held at July 25 meeting.) The Bellingham Comprehensive Plan, which serves as a guide for development within city limits, is amended annually. It includes component neighborhood plans. This proposal involves adding criteria for council to use when considering which amendments to docket for review, clarifying criteria by which new plan amendments are approved and altering the application for docketing procedure. Proposed changes would be divided into site-specific and non-site-specific amendments, and new rules would apply about submissions. Council amended this proposal by adding the following: “All amendments. Both site specific and non site specific amendments may be added to the annual review docket by the Council at any time during the year, provided the Council finds that the proposal meets the docketing criteria…” AB19273 (Ordinance 2011-08-48) Amended and approved 7-0

176. Approve the Geneva/Idaho annexation? (Public hearing held at August 1 meeting.) The approximately six acres is located within the Lake Whatcom and Whatcom Creek watersheds; the area contains six single family homes and three mobile homes. It is bordered on three sides by the city and is accessed by Kansas, Idaho and Fraser Streets via Electric Avenue. Once annexed, it will become part of the Silver Beach neighborhood. The western portion of the area drains into Whatcom Creek and the eastern portion drains into Lake Whatcom via Oriental Creek. The City Council held a public hearing and initiated the review process at the 10/19/2009 meeting, vote #226. The Whatcom County Boundary Review Board approved the annexation on 6/2/2011. The annexation becomes effective on 8/30/2011. AB19289 (Ordinance 2011-08-49) Approved 7-0

Shall the council:

177. Authorize the mayor to sign a management services agreement with the Bellingham/Whatcom County Tourism Bureau? Bellingham/Whatcom County Tourism has been providing the city with destination marketing for many years. A new contract for their services has been negotiated. Under this agreement, the city provides an operating grant which is paid for by lodging tax funds. The agency supports and markets tourism attractions by hosting media tours, promoting/co-promoting exhibitions and events, studying trends in tourism, conducting demographic studies of visitors, improving the city’s website and presentation in social media, operating the Visitors Information Center, etc. The mayor will appoint a project manager for the agreement and will keep at least one representative on the agency’s board of directors. The term of the agreement is from 1/1/2012 through 12/31/2015. (AB19311) Approved 7-0

178. Authorize the mayor to award the low bid of $594,589 to Interwest Construction of Burlington for the 2011 sewer replacement project? The project involves using trenchless technology to replace sewer pipes at three main I-5 crossings: McLeod Road, Consolidation Avenue and Byron Avenue. The McLeod crossing will also need a new steel casing and carrier pipe. The other two crossings will use existing steel casings. The engineers estimate was $553,426. There were 76 solicitations viewed and three bids were received (AB19313) Approved 7-0

179. Adopt the Whatcom County Multi-Jurisdictional Hazard Mitigation Plan? Meant to plan for disasters before they happen, this plan must be adopted in order for the city to qualify for federal post disaster funds if needed, and must be re-adopted every five years. The plan was first adopted at the 5/9/2005 meeting, vote #100, following the passage of the Disaster Mitigation Act in 2000. AB19314 (Resolution 2011-19) Approved 7-0

180. Eliminate the fire department’s fee schedule for operational permits and revise the permit fees for retail sale of fireworks? The city regularly reviews and updates the fire permit fees. The fee schedule for permits, plan reviews and inspections was last updated at the 12/7/2009 meeting, vote #267. In view of current economic hardship, this resolution eliminates the annual renewal fee for operational permits and also changes the $180 two-season (from 6/28 to 7/4 and 12/27 to 12/31) retail permit fee for selling fireworks to a $100 one-season permit, as most fireworks are sold from 6/27 to 7/4. The revised fire permit fee schedule will go into effect on 1/1/2012. AB19315 (Resolution 2011-20) Approved 7-0

181. Authorize the mayor to appoint Robert Hendricks to the Greenway Advisory Committee? The committee works with the Parks and Recreation Department and advises the city on the expenditure of Greenway levy funds. Mr. Hendricks’ appointment to a partial term was created by the resignation of Bob Sanders. Mr. Sanders was appointed at the 3/28/2011 meeting, vote #45; he was filling a vacancy created by the resignation of Eric Hirst. Mr. Hendricks’ first partial term ends on 3/30/2012. (AB19320) Approved 7-0

182. Appropriate $2,680,619 for goods and services checks issued from August 5 through September 2, 2011? (AB19324/19325/19326/19327) Approved 7-0

183. Appropriate $2,463,631 for payroll and related checks issued from August 11 through August 25, 2011? (AB19328) Approved 7-0

184. Renew a franchise with Cascade Natural Gas? This 10 year franchise grants Cascade Natural Gas non-exclusive use of city rights-of-way and utility easements and the authority to construct, operate and maintain facilities for the purpose of selling and distributing natural gas within city limits. In addition it addresses the issues of inspection, testing, relocation of facilities, planning, recording installations, dispute resolution and indemnity. It also contains provisions for safety and emergency response. Cascade Natural Gas will pay a franchise fee of $5,000 plus publication costs and will also be subject to all permit fees related to their activities. AB19210 (Ordinance 2011-09-50) Approved 7-0

185. Appropriate $98,260 for maintenance and improvements at the Lake Padden Golf Course? The money will be spent to design and construct areas for washing carts and equipment, plan and permit restoration of the golf course pond and finish painting the clubhouse. At the 8/9/2010 meeting, vote #167, the council approved $14,666 for clubhouse painting and roof repairs. AB19294 (Ordinance 2011-09-51) Approved 7-0

186. Appropriate $125,000 to pay for emergency repairs to the Nooksack diversion dam pipeline? On 8/3/2011, the city investigated a call from a citizen who had observed water bubbling from the ground in the area of the pipeline which conveys water from the Middle Fork of the Nooksack River. The ruptured pipe was threatening adjacent wetlands as well as the operation of the pipeline, Ram Construction repaired the leak. See the 8/15/2011 meeting, vote #171, for the motion declaring the repairs an emergency. AB19296 (Ordinance 2011-09-52) Approved 7-0

187. Establish procedures for appealing the Bellingham Hearing Examiner’s tax assessment recommendations for local improvement districts? The city has designated the hearing examiner to conduct hearings for local improvement district tax assessments. This ordinance defines the exact procedure for the hearing examiner to present the assessment rolls to council, for council to review the rolls and it provides the means for citizens to appeal the hearing examiner findings. The City Council will review the hearing examiner’s findings and all appeals and may accept, revise or reject an assessment roll. AB19298 (Ordinance 2011-09-53) Approved 7-0