Bellingham City Council

Action Taken at February 11, 2013 Meeting

Shall the council:

19. Authorize the the mayor to reappoint Alfred Arkley to the Lake Whatcom Watershed Advisory Board? The board advises the city on the purchase, management, maintenance and use of properties within the Lake Whatcom watershed. This will be Mr. Arkley’s second three-year term; it will end on 2/24/2016. This board does not have term limits. (AB19852) Approved 6-0, Terry Bornemann excused.

20. Appropriate $1,881,881 for goods and services checks issued from January 18 through January 31, 2013? (AB19855/19856) Approved 6-0, Terry Bornemann excused

21. Appropriate $2,603,388 for payroll checks issued January 11 through January 25, 2013? (AB19857) Approved 6-0, Terry Bornemann excused.

22. Accept Washington State revisions to the draft Shoreline Master Program? Over a two-year period, the City Council held three public hearings and nine works sessions before approving a draft of the Shoreline Master Program at the 12/14/2009 meeting, vote #280. At the 5/21/2012 meeting, vote #106, the council accepted a preliminary group of revisions by the state. On 12/17/2012, the state Department of Ecology issued a letter of “conditional approval” and a final list of required and recommended revisions to the draft shoreline master plan. In addition to moving sub-sections of the text, adding new definitions and correcting cross references on maps, the changes include: altering the shoreline designation for parts of Squalicum Creek from “natural” to “urban conservancy,” inserting uses tables for shoreline designation types and raising the qualifying amount for a shoreline permit exemption to $6,416. Council directed staff to send a letter of acceptance to the state. The program becomes law 15 days after this vote. AB19829 (Ordinance 2013-02-005) Approved 6-0, Terry Bornemann excused

23. Amend the city municipal code to match the state law on maximum fines and jail sentences for misdemeanors? The state law places the maximum fine for a misdemeanor at $1,000, and the maximum jail sentence for gross misdemeanor at 364 days. The city code contains 18 sections that provide penalties that exceed the state limit. The amendments will change numerous parts of the city law in order to bring it into compliance with the state on this issue. AB19832 (Ordinance 2013-02-006) Approved 6-0, Terry Bornemann excused

Action Taken at February 25, 2013 Meeting

Shall the council:

24a. Direct staff to prepare pricing options for city/county residents using the Clean Green waste facility? According to the latest city/county agreement, the county will be reducing its funding in 2013 and 2014 and ending participation in 2015. If the facility remains open after the county ends their involvement the customers will pay higher prices. If county residents are to be charged more than city residents, staff must determine how to identify county usage of the facility. (AB19863) Approved 5-1, Cathy Lehman opposed; Gene Knutson was out of chambers.

24b. Direct staff to increase the 2013 user fee at the Clean Green facility from $4 to $5 per load? This immediate increase goes into effect on April 1, 2013, or as soon as possible thereafter. The facility accepts yard waste and debris from local citizens. The size of the load is not considered in the pricing. (AB19863) Approved 6-1, Cathy Lehman opposed.

25a. Postpone authorization of the Clean Green agreement with Whatcom County until the mayor has an opportunity to discuss options with Whatcom County? The city and county share the costs of operating the facility. From 2005 through 2010 the county contributed $120,000 per year, it contributed $65,000 in 2011 and the same in 2012. The new agreement provides $45,000 in 2013 and $25,000 in 2014. Whatcom County funding of the facility will end in 2015. (AB19864) Failed 4-3, Terry Bornemann, Gene Knutson, Cathy Lehman and Stan Snapp opposed.

25b. Authorize the mayor to sign the 2013-14 agreement with Whatcom County for solid waste management services at the Clean Green yard waste facility? Clean Green accepts yard wastes from city and county citizens March - November. The city and county have always shared the costs of operating the facility. This may be the last such agreement as the Whatcom County Solid Waste Executive Committee wishes to phase out its participation in the program. (AB19864) Approved 6-1, Jack Weiss opposed.

26. Authorize the mayor to award the only bid of $550 per ton to JCI Jones Chemical of Sarasota, Fla., for liquid chlorine? The city uses approximately 27 tons of chlorine per year to disinfect drinking water and about 56 tons are used at the sewer treatment plant. The four previous chlorine bids were: $537 per ton in 2010; $440 per ton in 2008; $414 per ton in 2005 meeting and $359 per ton in 2004. There were 24 solicitations viewed and one bid was received. The city will be spending approximately $44,000 for chlorine this year. (AB19869) Approved 7-0

27. Authorize the mayor to award the low bid of $233,509 to Faber Construction of Lynden to connect Eliza Avenue with Bellis Fair Parkway? The new street will connect the south end of Eliza Avenue with Bellis Fair Parkway. A sidewalk on one side and bike lanes will be added to Eliza Avenue, south of W. Bakerview Road. There were 122 solicitations viewed and 10 bids were received. Only two bids were above the city engineer’s estimated cost of $283,708. (AB19870) Approved 7-0

28. Appropriate $2,070,516 for goods and services checks issued from February 1 through February 7, 2013? (AB19871) Approved 7-0

29. Appropriate $2,677,911 for payroll checks issued from January 26 through February 8, 2013? (AB19872) Approved 7-0

30. Correct code errors and apply consistent development standards for Area 5 of the Meridian neighborhood? (Public hearing held) For several years the Planning Dept. has been developing amendments to the city’s land use and development code. In 2010, three amendments that affected the Meridian Neighborhood were passed concerning a rezone, retail businesses and neighborhood boundary modifications. In the process of passing these amendments, some code errors and omissions happened that need to be corrected. In addition, one portion of the Meridian Neighborhood is left out of the retail size exemption area that applies to the rest. Qualifying businesses may be exempt from the 90,000 sq.ft. sales floor size limit if they: are not “superstores,” devote at least 10 percent of their floor space to non-taxable commodities and meet certain environmental standards. AB19842 (Ordinance 2013-02-007) Approved 7-0

31. Authorize the mayor to accept a $100,000 state grant for clean-up the Eldridge Avenue municipal landfill site? Located west of the Bellingham Technical College parking lot in the 3100 block of W. Illinois the site comprises about 12,650 sq.ft. of Little Squalicum Park. In the mid to late 1930s, it was a city dump site. At the12/13/2010 meeting, vote #240, the council authorized the mayor to accept a $300,000 state grant for a remedial investigation/feasibility study and a clean-up action plan for the site. Then at the 5/9/2011 meeting, vote #85, the council voted to accept $403,725 from the state for the clean-up, at the 4/23/2012, vote #77, the city accepted another $100,000. Under the terms of the agreement the city supplies 50 percent matching funds for the project. As an interim action, removal of stockpiled fill materials, municipal wastes and contaminated soil from the site was done in summer of 2011. This new additional grant funding will help pay to finish the RI/FS and clean-up plan and also will fund long-term monitoring and testing. This brings the grant total to $903,725. AB19843 (Ordinance 2013-02-008) Approved 7-0

32. Authorize the mayor to accept a $237,300 federal grant for the Carl Cozier Safe Routes to School program? The state Department of Transportation has selected this project to receive federal transportation alternatives funding through the National Center for Safe Routes to School program. It is expected to increase the number of students safely walking and bicycling to Carl Cozier Elementary School. The project will: install 750 linear ft of 5-ft-wide sidewalk with curbs, gutters and ramps between Puget St. and St. Paul St.; install curb ramps and extensions, crosswalk markings and signage at the intersection of Gladstone and St Paul streets and at the intersection of Lincoln and Potter Streets; install 85 linear feet of 5-ft-wide sidewalk, curb and gutter on the southeast corner of Lincoln and Potter Streets; install school zone flashing beacons on Lincoln Street; install two bike racks at the school; and provide pedestrian/bicycle-safety education, training and incentive programs for the students, increased school zone safety patrols and a speed feedback trailer. The construction contract is expected to be awarded by May 2015. The Safe Routes program is a partnership between Public Works, Bellingham School District, the Police Dept., Whatcom County Health Dept. and EverybodyBIKE. AB19844 (Ordinance 2013-02-009) Approved 7-0

33. Authorize the mayor to accept a $2,647,207 federal grant for repairs the Chestnut-Bay Bridge? The state Department of Transportation has selected this project to receive federal funding. The L-shaped bridge over the railroad tracks at Chestnut/Roeder and Bay streets is currently posted with weight restrictions. Repairs will include replacing worn out expansion joints, grinding the bridge deck and resurfacing it with a modified latex concrete. Construction is supposed to begin in 2015 and the bridge will be closed to all traffic during the repairs. AB19845 (Ordinance 2013-02-010) Approved 7-0

34. Allocate $263,979 to hire additional staff in the Public Works Department? The watercraft inspection program requires additional staff. The city’s capital improvement program has expanded because of additional funds brought in from the Transportation Benefit District, the Lake Whatcom watershed surcharge, several transportation and environmental grants and increased utilities rates. In order to comply with federal requirements imposed by the grants, the mayor has requested the following additions in the Public Works Department: one full-time senior inspector and one two-year limited-term senior inspector, one full-time project engineer and a 1½ year extension of term limit for another project engineer. One vehicle will be purchased to accommodate the operations of the increased staff. The $263,979 is from the street fund. The changes go into effect on 3/1/2013. The term-limited positions will end on 12/31/2015. AB19846 (Ordinance 2013-02-011) Amended and approved 7-0

35. Accept and spend a $164,000 grant from the Puget Sound Partnership for Lake Whatcom? Grant funds will go toward the aquatic invasive species (AIS) and phosphorus reduction program. Invasive species disturb the lake bottom, causing the release of additional phosphorus into the water. A monitoring program will be set up that will involve open water collection of plankton as well as monitoring at key locations near potential AIS entry points. Roughly 28 miles of shoreline will be studied and data collected on invasive plant or wildlife species will be inventoried and distributed to guide prevention and response tactics. Samples will be taken to a depth of 30 feet and GPS data will be recorded together with species location and density to be used to create a map of the lake. The city will continue with boat inspections and public education and outreach through boater surveys, publications, mailings, signage. The work is to be completed by 6/30/2013. Additional objectives of studying the lake include gaining an understanding of the lake’s dynamics and the movement and exchange of water between its two basins as well as the spread of invasive species. AB19848 (Ordinance 2013-02-012) Approved 7-0

36. Adjust the budget to allow the hiring of inspection staff for the aquatic invasive species program? In order to protect Lake Whatcom from aquatic invasive species the city will carry out mandatory watercraft inspections, decontaminate infected watercraft and conduct boater surveys. Additional seasonal employees will be needed by the Public Works Dept. to do these jobs. The cost, projected to be $80,000 in the 2013 budget, will be offset by revenues from the Lake Whatcom Water and Sewer District, a grant from the Puget Sound Partnership and inspection fees. AB19849 (Ordinance 2013-02-013) Approved 7-0

37. Authorize the finance director to establish department petty cash funds using best accounting and business practices? The finance director will establish a petty cash fund for each city department or other division. The overall petty cash and revolving funds exceeding $40,000 require council approval. The finance director will assess the needs of each dept. and will manage the funds accordingly. AB19853 (Ordinance 2013-02-014) Approved 7-0