Bellingham City Council

Shall the council:

188. Authorize the mayor to enter into a settlement and agreed order of dismissal in the case of Douglas Tomczak v. Washington State Department of Ecology? Mr. Tomczak applied for a shoreline conditional use permit to use a residential dock at Lake Whatcom for float plane moorage. The Whatcom County Hearing Examiner approved the permit but the state denied it, claiming the guidelines for cleaning planes were inadequate to protect the lake from invasive species. Mr. Tomczak appealed the decision to the Shoreline Hearings Board and the city voted to intervene in the case (7/25/2011 meeting, vote #139). The settlement requires the state to issue a permit to allow the dock to be used for float plane moorage, all floatplane pilots to view a video on seaplane inspection and cleaning and follow six steps to clean seaplanes before landing on Lake Whatcom. (Discussed in Executive Session) Approved 7-0

189. Authorize the sale of city owned property at 2804 East Sunset Drive for $155,000? The city originally purchased the lot as part of the Sunset Drive improvement project. The street-front portion of each lot has become part of the improved street. Council directed staff to sell the lot by the sealed bid process, which resulted in no bids so the property has been registered with Northwest Multiple Listing Service. Closing costs are to be paid in accordance with the standard terms of their contract. (Discussed in Executive Session) Approved 7-0

190. Authorize the sale of city owned property at 2841 East Sunset Drive for $50,000? The city originally purchased the lot as part of the Sunset Drive improvement project. The street-front portion of each lot has become part of the improved street. This vacant lot is zoned for single family residence. Council directed staff to sell the lot by the sealed bid process, which resulted in no bids so the property has been registered with Northwest Multiple Listing Service. Closing costs are to be paid in accordance with the standard terms of their contract. (Discussed in Executive Session) Approved 7-0

191. Spend $290,000 to purchase 6.25 acres at 955 Marine Drive? The property will be used to provide open space and to connect trails in the Birchwood and Alderwood neighborhoods and provide a connecting link between the neighborhood residential area and publicly owned bay-view uplands and tidelands. Steve Gregory is the seller; the property is appraised at $300,000 and assessed at $292,000. (Discussed in Executive Session) Approved 7-0

192. Direct staff to include the “full design scope” as part of the current Post Point improvements project? At the 8/1/2011 meeting, vote #158, the council authorized the issuance of $48 million in bonds for sewer and water improvements. The “full design scope” will extend the capacity of the Post Point sewer treatment plant for 20+ years by building an additional activated sludge basin as part of the project. Choosing this alternative will add $5.4 million to the size of the project but will reduce construction costs and future construction related impacts to the area, and will provide for better operation and water quality. The overall cost of the project is expected to be $53.3 million. (AB19335) Approved 4-3, Michael Lilliquist Stan Snapp and Jack Weiss opposed.

193, Direct staff to create a page on the city’s website to receive citizen input about interfund loan repayment options for Chuckanut Ridge? The $3.4 million interfund loan is partially financing the city’s purchase of the Chuckanut Ridge property for use as public space. A wide variety of ideas for repayment are being discussed, all of which will be described on the new webpage. The new page will probably be accessible through the parks and recreation section of the city’s website at www.cob.org. (AB19329) Approved 7-0

194. Appropriate $2,597,022 for goods and services checks issued from September 2 thru September 8, 2011? (AB19339/19340) Approved 7-0

195. Appropriate $3,553,237 for payroll checks issued from August 26 thru September 9, 2011? (AB19341) Approved 7-0

196. Allocate funds in the amount of $8,230,000 for the purchase of the Chuckanut Ridge property? At the 8/15/2011 meeting, vote #166, the council voted to purchase approximately 82 acres of property from Washington Federal Savings Bank variously called Chuckanut Ridge, Fairhaven Highlands, 100-Acre Woods, One-Hundred Acre Wood and Hundred-Acre Wood. Part of the funding for the purchase involves loaning $3,400,000 from the Greenway maintenance endowment fund to the Greenway III fund. An additional $3,908,000 is already in the Greenway III fund and the city is transferring $500,000 more from the park impact fee fund. Two items at first and seconds readings were approved to be deleted. Whereas #6: “and loan repayments are budgeted in the Greenway III budget” and section 1, paragraph 3: “Principal repayment are pledged to be made from any and all funds dedicated for the purpose of acquiring park land.” At third and final read the following amendments were approved: replace $3,400,000 with $3,300,000 throughout the document; and at section 1, paragraph 2, following “…amount due on December 31, 2017” add a sentence to read: “Until paid in full, the 82 acres of real property shall serve as collateral for any unpaid balance.” AB19317 (Ordinance 2011-09-54) Amended and approved 5-2, Stan Snap and Jack Weiss opposed.

197. Receive and spend an $8,300 state grant for the purchase of protective clothing and minor equipment? The Washington Traffic Safety Commission grant is to used by the police department to purchase seven sets of rain gear and one leather motorcycle jacket ($5,500) and one handheld radar unit ($2,800). This equipment will be used to help support continued reinforcement of the school zones and for other traffic improvement programs. AB19322 (Ordinance 2011-09-55) Approved 7-0

198. Appropriate $88,000 for habitat restoration activities? The money will be used for the design of habitat alternatives for the east Fairhaven shoreline and the Padden Creek estuary and to conduct a WRIA 1 study of nearshore habitat along the city’s shoreline in order to evaluate the needs that must be met for sustainable habitat designs. The state Department of Ecology will reimburse the city $88,000 for the feasibility study and design. AB19323 (Ordinance 2011-09-56)Approved 7-0

199. Reorganize staff at the Civic Field/Joe Martin Field complex? Two jobs in the Parks and Recreation Department will be eliminated, a full time park technician and a nine-month park maintenance position. Another nine-month park maintenance position will be reduced to three months without benefits, and two new full-time park worker positions will be created. The change will save the city $20,000 in 2012, and, at the same time, will provide better year-round maintenance of the complex. AB19316 (Ordinance 2011-09-57) Approved 7-0

Shall the council:

200. Authorize settlement terms in the case of City of Bellingham v. Whatcom County re URMX Growth Management Hearings Board? The city appealed a County Council Ordinance to the hearings board claiming the county didn’t consult with the city before making changes in the Urban Residential Mixed Use zone. The ordinance (approved at the Whatcom County Council meeting on 4/12/2011, vote #52) allowed restaurants and coffee shops to increase their building size from 2,500 to 5,000 square feet and have drive-through services with a conditional use permit. The appeal will be settled under the following terms: (1) Whatcom County will reduce the size of allowed nonresidential uses in the URMX zone from 5,000 back to 2,500 square feet and (2) Whatcom County and the city follow an expedited process for entering into a new interlocal agreement on planning, annexation, and development within the city’s Urban Growth Area. (Discussed in Executive Session) Approved 6-0-1, Gene Knutson abstained because he didn’t attend the executive session.

201. Adopt the Greenway Advisory Committee Strategic Plan update? The advisory committee guides the usage of property tax funds available from the Greenway levies which were passed in 1990, 1997 and 2006. The Greenway Advisory Committee annual report includes a strategic plan update and project expenditure guidelines for land acquisitions which requires council approval. The report is available online at the city website, www.cob.com (search for “greenways strategic”). Council voted unanimously to direct the city staff to amend the language of the report to reflect the completed purchase of Fairhaven Highlands. The last annual report was presented at 4/12/2010 meeting, vote #77. The strategic plan was last adopted at the 1/12/2009 meeting, vote #1, for north Bellingham and the Whatcom Creek areas. (AB19343) Amended and approved 7-0.

202. Appropriate $2,257,724 for goods and services checks issued from September 16 thru September 29, 2011? (AB19347/19348) Approved 7-0

203. Appropriate $2,463,437 for payroll checks issued September 10 thru September 23, 2011? (AB19349) Approved 7-0

204. Sponsor the Northwest Clean Air Agency participation in the benefits trust plan of the Association of Washington Cities? The Clean Air Agency monitors and regulates the air quality in Whatcom, Island and Skagit counties. The city of Bellingham holds a seat on the board of the organization. Any Association of Washington Cities member can sponsor a public entity such as the Clean Air Agency to participate as an affiliate in the benefits trust plan. There is no cost or risk associated with sponsorship. AB19344 (Resolution 2011-21) Approved 7-0

205. Declare the repair of the East Maple/Interstate-5 water main an emergency? An emergency declaration exempts the city from the formal bidding process. On 9/27/2011, contractors were installing a retaining wall on I-5 for the Washington State Department of Transportation and a city water main was punctured. Water for fire hydrants in the south half of Bellingham was shut down. Interwest Construction of Burlington was hired to make the repairs since Interwest has been selected by the council (9/12/2011 meeting, vote #178) for sewer replacement at three locations under I-5; this repair work is being added to their existing contract. The state will reimburse the city for the estimated $160,000 in repair costs. AB19345 (Resolution 2011-22) Approved 7-0

206. Renew an interlocal agreement with the Whatcom Council of Governments to help fund the Whatcom Smart Trips program? The city has been entering into this annual agreement since 2006. Whatcom Smart Trips aims to reduce the percentage of automobile trips through education, assistance and incentives. Incentives include discount cards, gift certificates, cash prizes and recognition for program participants. The program also provides bicycle training, emergency ride services to program participants and assistance to employers who provide incentives to cut down on work site trips. Reducing the number of automobiles on city roads will also reduce harmful carbon emissions. In 2011, the city will pay $25,000 into the program. (AB19346) Approved 7-0

207. Appropriate $81,085 to purchase updated software, video conferencing equipment and office furniture for the police department? The software will be $20,000, video conference equipment will be $46,000 and furniture $15,085 This appropriation will reduce the balance in the Federal Equitable Sharing Fund to $416,671. AB19338 (Ordinance 2011-10-58) Approved 7-0

Shall the council:

208. Authorize the sale of city owned property at 2932 East Sunset Drive for $160,000? The city originally purchased the lot as part of the Sunset Drive improvement project. The street-front portion of the lot has become part of the improved street. Council directed staff to sell the lot by the sealed bid process, which resulted in no bids so the property has been registered with Northwest Multiple Listing Service. Closing costs will be paid in accordance with standard terms contained in the Northwest Multiple Listing Service purchase and sale agreement. (Discussed in Executive Session) Approved 7-0

209. Authorize the city to appeal the Superior Court decision Lind Bros v. City of Bellingham? On 12/5/2005, Lind Brothers Construction applied to the city for a lot line adjustment and wetland/stream permit for property on Wilken Street. There were numerous meetings and written correspondence through May 2009. On 6/27/2009, the city issued a Mitigated Determination of Non-Significance with nine conditions. Lind Brothers Construction appealed the MDNS. There were various revisions by the city and appeals by the company. On 2/5/2010, the company filed an appeal with the Bellingham Hearing Examiner. On 3/16/2011, the hearing examiner issued a decision in favor of the city. The company took the matter to Whatcom County Superior Count and the court ruled in favor of Lind Brothers Construction. The city will appeal the Superior Court decision to the Washington State Court of Appeals. (Discussed in Executive Session) Approved 7-0

210. Direct staff to develop an aquatic invasive species prevention program? Invasive species are non-native species that thrive in new environments causing environmental damage and health hazards. Such species travel into new areas by attaching themselves to seaplanes, boats, recreational equipment and gear. Asian clams have recently been discovered in Lake Whatcom and Eurasian watermilfoil has been a problem; the city is concerned that more non-native species may follow. It is equally important to prevent the spread of these organisms from Lake Whatcom to other lakes nearby. A program of education, inspection and decontamination is required. Permits to launch water craft in the lake may also be required. Staff will seek public input while developing this program. (AB19336) Approved 7-0

211. Authorize the mayor to sign an agreement with the Bellingham Public Development Authority to manage property at 600 W. Holly Street? The development authority was created by the council at the 5/5/2008 meeting, vote #136, to manage city-owned properties in the downtown, Old Town and the waterfront. The Holly Street property consists of a vacant 2.2 acre lot and an adjacent building at 707 Astor Street. The Old Town property was formerly the Holly Street landfill and is subject to a consent decree. In the late 1800s, the site was part of what was then the Whatcom Creek estuary, but private property owners began filling private tidelands within the former estuary by 1905. From 1937 to 1953, they used municipal waste, including debris and scrap materials for filler. Methane gas is present and heavy metals such as zinc and copper were leaking into the creek until the northern shore of Whatcom Creek was removed and restabilized and remaining hazardous substances were capped and contained on site, and so future uses of the property are restricted. No residential or daycare use is permitted. A two foot cap of soil must be maintained and proper safety precautions must be taken when excavating on the property. The state has the right to enter and inspect the property at reasonable times with or without advance notice.(AB19354) Approved 7-0

212. Authorize the mayor to award the low bid of $675,289 to Tiger Construction of Everson for the 2010-2011 sewer replacement program? The program includes replacement of sewer pipes, manholes and cleanouts in several areas: Verona Street from Texas to Connecticut; the alley between Elm and Kulshan streets from W. North to W. Connecticut; the alley between Nevada and Orleans streets from Carolina to E. Maryland; and 19th Street at Mill Avenue. The low bid was $94,151 below the engineer’s estimate. There were 104 solicitations viewed and nine bids were received. (AB19357) Approved 7-0

213. Grant a noise variance for 25 nights of construction on Interstate 5? Construction work between 10 p.m. and 7 a.m. requires a noise variance. The variance is for a state project to expand the advanced traveler information system. The system provides information on traffic conditions and wait times at border crossings. The work will take place mostly at Samish Way and from Northwest Avenue to the northern city limits; it will include installing almost 16 miles of fiber optic cable, 21 cameras and 14 data stations. Cameras will also be placed from the city limits to the Birch Bay–Lynden Road. The work is scheduled to take place between June and October of 2012. (AB19358) Approved 7-0

214. Approve the mayor’s appointment of Alex McLean, Therese Kelliher and Jim McCabe 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 first full terms for all three appointments. The terms for Ms. Kelliher and Mr. McCabe will end on 10/19/2014 and for Mr. McLean on 10/24/2014. (AB19363/19364) Approved 7-0

215. Authorize the mayor to award the low bid of $155,441 to Stouder Construction of Ferndale to replace equipment at Post Point wastewater treatment plant? Two new dewatering centrifuges will be installed at the plant. There were 86 solicitations viewed and two bids were received. (AB19366) Approved 7-0

216. Appropriate $3,149,917 for goods and services checks issued from September 30 through October 13, 2011? (AB19367/19368) Approved 7-0

217. Appropriate $3,572,086 for payroll checks issued from September 24 through October 10, 2011? (AB19369) Approved 7-0

218. Amend the 2011 action plan of the 2008–2012 consolidated plan? The 2011 action plan was approved at the 11/1/2010 meeting, vote #215, and was based on the level of federal funding expected, but the 2011 federal budget reduced the amount of funds available to the city by $228,562, forcing the city to spend less than was budgeted. By approving the amendments to the plan, council will also authorize the mayor to submit the revised action plan to the federal government. AB19352 (Resolution 2011-23) Approved 7-0

219. Approve the 2012 action plan of the 2008–2012 consolidated plan? The action plan designates city use of federal funds for low- and moderate-income households. The 2012 action plan is the city’s application for federal funds and it will guide the federal grant allocations of approximately $1,530,445 in new funds. The plan is on the city’s website at www.cob.org/services/neighborhoods/community%2Dplanning/consolidated-plan/index.aspx. AB19353 (Resolution 2011-24) Approved 7-0

220. Set the time and dates for the 2012 regular council meetings? Twenty-four meetings are scheduled for 2012, one less than were scheduled for 2011 and 2010. There has been a gradual decline in City Council meeting since 1994, that year they met 45 times. AB19365 (Resolution 2011-25) Approved 7-0

221. Grant a new 10-year franchise to Comcast cable television? (A public hearing was held at the 9/26 meeting.) Comcast provides cable to about 26,500 Bellingham customers under the current cable franchise that has been in effect since 1996. Negotiations over a renewed franchise have been going on for a year with the assistance of the law firm of Moss & Barnett. Under the new agreement, Comcast will pay the city increased franchise fees. The city may not legally impose the rate regulations requested by Comcast customers, but did negotiate for better fees and service. Public, educational and government access television will be more available, and cable services to schools and municipal buildings will continue. The city also made sure the local Comcast facilities were inspected for safety and compliance with electrical codes. The complete agreement is posted on the city’s website at www.cob.org/comcast. Council also voted unanimously to direct staff to write a letter to Congressman Larsen encouraging his support of H.R. 1746, the Community Access Preservation Act (Cap Act).The legislation, if adopted, would restore public, educational and government funding eliminated by some state laws, allow that funding to be used for operating expenses, prevent operators from discriminating against public, educational and government channels, and make it clear that any entity that provides video services via facilities in the rights of way is subject to the Cable Act’s franchising requirements. AB18874 (Ordinance 2011-10-59) Approved 7-0