Bellingham City Council

Action Taken at August 4, 2014 Meeting

Shall the council:

154. Spend $700,000 to purchase 92-acres located near Agate Bay in the Lake Whatcom Watershed? The property has no street address; it is located more or less at the end of and to the west of Agate Bay Lane. The city is purchasing the property from the Shetabi Trust as part of the Lake Whatcom Watershed Property Acquisition Program. (Discussed in Executive Session) Approved 7-0

155. Spend $194,000 to purchase property located at 1714 22nd Street? This property is being purchased from Carolyn Sue Blethen in connection with the city’s Padden Creek daylighting project, using funds that come from the stormwater fund. (Discussed in Executive Session) Approved 7-0

156. Grant a noise variance for pond restoration work at the Lake Padden Golf Course? Over the years, a pond between two fairways has filled with silt and is now overgrown with cattails. Park Operations plans to remove the cattails and sediment and restore the pond to its original condition. Some work will need to be done after 10 p.m. and before 7 a.m. from 8/5 to 8/29/2014. (AB20515) Approved 7-0

157. Authorize the council president to sign a letter to Puget Sound Energy regarding divestment in coal power? The letter urges Puget Sound Energy to start disinvesting in coal power and increase investment in cleaner, more sustainable energy production to meet present and future energy demand. Further, the letter asks the energy company to re-examine its financial commitment to the power plant in Colstrip, Montana, for one third of its power production. (AB20521) Approved 6-0-1, Pinky Vargas abstained.

158. Appropriate $2,778,844 for payroll checks issued from July 11 through July 25, 2014? (AB20524) Approved 7-0

159. Appropriate $2.522.727 for goods and services checks issued from July 11 through July 24, 2014? (AB20525/20526) Approved 7-0

160. Establish a 2014-15 docket of proposed amendments to the Comprehensive Plan? Being placed on the docket assures that a project will eventually be reviewed by the city, although not necessarily during the same year it is docketed. Three amendments are proposed: ZON2014-00004, amend 1.62 acres in the Samish Neighborhood Plan from Commercial, Auto to Commercial, Planned; ZON2014-00005, amend 1.7 acres in the Samish Neighborhood Plan from Commercial, Planned, nonretail to Commercial, Planned and amend 1.75 acres of the Samish Neighborhood Plan from Residential, Single to Commercial, Planned. AB20497 (Resolution 2014-29 ) Approved 7-0

161. Renew an emergency ordinance creating interim zoning for the establishment of facilities producing, processing and retailing recreational marijuana? At the 7/1/2013 meeting, vote #142, the council voted to passed emergency ordinance to impose a moratorium on the establishment of facilities producing, processing and retailing recreational marijuana. At the 8/12/2013 meeting, vote #176, the council adopted an emergency interim zoning ordinance to allow staff time to study the issues concerning recreational marijuana and for the state to adopt final rules. This renewal will allow staff additional time to draft final rules and conduct a Type VI legislative review beginning in September. AB20518 (Emergency Ordinance 2014-08-039) Approved 7-0

162. Appropriate funds in the Public Education And Government Access Television Fund to increase one part-time position in the Information Technology Services department to full-time? At the 7/21/2014 meeting, vote #151, the council approved a 12-month trial period for a Public Access, Educational and Government Channel. The full-time position is in anticipation of additional work related to programming and scheduling. AB20504 (Ordinance 2014-08-040) Approved 7-0

163. Authorize the mayor to accept a 28,440 state grant for the city’s pharmaceutical take-back program? The grant allows the city to provide outreach to the public about the availability of programs that collect and destroy outdated and/or un-needed household pharmaceuticals. Collection of pharmaceuticals prevents them from being flushed into the city sewer system or affecting landfill effluent. The proposed campaign will cost $37,920. AB20486 (Ordinance 2014-08-041) Approved 7-0

Action Taken at August 11, 2014 Meeting

Shall the council:

164. Authorize the mayor to award the low bid of $294,419 to Faber Construction of Lynden for Lake Whatcom water quality Improvements? This project provides for phosphorous treatment of stormwater along Northshore Drive from Britton Road to Donald Avenue, and alleys between Pullman Street and Flint Street. Work includes construction of combination drainage and treatment facilities.There were 89 bid solicitations viewed and four bid were received. (AB20528) Approved 6-0, Jack Weiss excused.

165. Reject all bids to replace a McLeod Road culvert? The bids were rejected due to complications with manufacturing. There were 98 bid solicitations viewed and three bid were received. (AB20529) Approved 6-0, Jack Weiss excused.

166. Extend the Fairhaven Parking Task Force to March 2015? The Task Force convened in May 2013 to review the Fairhaven Parking Plan and make recommendations for implementation of various parking management tools and cost recovery mechanisms. (AB20530) Approved 6-0, Jack Weiss excused.

167. Direct staff to move forward with staff recommendations regarding district specific utilities to be included in the Waterfront utility masterplan? Based on the recommendations in the executive summary, Public Works staff recommend proceeding as follows: development of a district energy system via a public/private partnership if financially viable; development of a district raw water system as an expansion to the current city water utility; and postponing any development of a micro-hydro system until a Nooksack river diversion management strategy is finalized. (AB20531) Approved 6-0, Jack Weiss excused.

168. Authorize checks in the amount of $743,747.70, issued August 1, 2014 for pay period July 25, 2014 through July 31, 2014? (AB20539) Approved 6-0, Jack Weiss excused.

Action Taken at September 8, 2014 Meeting

Shall the council:

169. Grant a noise variance to Colacurcio Brothers Construction for night paving on 14th Street, Electric Avenue and Hawthorn? Activities will be limited to two nights maximum in each location. (AB20543) Approved 7-0

170. Authorize the mayor to award the low bid of $509,665 to Matia Contractors of Bellingham for the Bloedel Donovan Park Improvements? Work includes construction of drainage and treatment facilities, removal of an existing failing concrete bulkhead along the shoreline, and other shoreline improvements. There were 106 solicitations viewed and five bids were received. (AB20544) Approved 7-0

171. Appropriate $5,621836 for payroll checks issued from July 26 through August 25, 2014? (AB20549/20550) Approved 7-0

172. Appropriate $5,870,902 for goods and services checks issued from August 1 though August 21, 2014? (AB20551/20552/20553) Approved 7-0

173. Rezone approximately 114 acres in the South neighborhood? 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/Chuckanut Community Forest property from Washington Federal for $8.2 million using Greenway funds, park impact fees and a Greenways Endowment Fund loan. In April of 2013, the city’s Parks and Recreation department submitted a comprehensive plan amendment and rezone application, which included changing the comprehensive plan designation for a property known as Chuckanut Ridge/Fairhaven Highlands/100-Acre Wood/Chuckanut Community Forest from Multi-Residential to Public, Parks and Open Space. AB20481 (Ordinance 2014-09-042) Approved 7-0

174. Approve minor amendments to the Waterfront District development code? (Public hearing held at June 23 meeting) At the 12/2/2013 meeting, vote #253, the City Council approved the Waterfront District sub area plan, development regulations and design standards. Subsequently, it was discovered by staff that several minor code amendments are needed to complete the regulatory package for the Waterfront District. The necessary changes include amending BMC Chapter 20.25 for the purpose of adopting thresholds under which design review is applicable in the Waterfront District, adopting a Waterfront design review district map, and repealing BMC Chapter 20.39 Mixed Uses. AB 20466 (Ordinance 2014-09-043) Approved 7-0

175. Adjust the boundaries for the multi-family tax exemption program? (Public hearing held at June 23 meeting) This amendment is needed to implement the new downtown Bellingham plan. The amendment changes the boundary of targeted area 1 in the city center; no changes to the actual program are proposed. AB 20465 (Ordinance 2014-09-044) Approved 7-0

176. Update the Parks, Recreation and Open Space Plan? (Public hearing held at January 13 meeting.) The last update was approved by the City Council at the 5/19/2008 meeting, vote #148. State law requires an updated plan every six years in order to retain eligibility for grants administered by the Washington State Recreation and Conservation Office. The plan update reflects the community-based approach used by the Parks Department, by allowing the residents of Bellingham to influence the process through public meetings and surveys that evaluate the existing system and set priorities for additional facilities. AB20283 (Ordinance 2014-09-045) Approved 7-0

177. Remove requirements from the Cornwall Park Neighborhood Plan and Bellingham Municipal Code that Orchard Place be extend between West Orchard Drive and Baker Street? (Public hearing held at January 13 meeting) The cross street extension requirement is outdated, poses a barrier to further development, and is not needed for transportation purposes. AB20261 (Ordinance 2014-09-046) Approved 7-0

178. Amend sections of the Bellingham Comprehensive Plan regarding the Samish, Happy Valley, and Cordata Neighborhoods to be consistent with Bellingham Municipal Code? (Public hearing held at December 9, 2013 meeting) Additionally, the changes will remove an outdated condition that required the dedication of 10 feet of right-of-way along Cordata Parkway. AB20214 (Ordinance 2014-09-047) Approved 7-00

179. Rezone approximately four acres in the Sunnyland Neighborhood? The area was formerly owned by the Washington State Department of Transportation and is located between Sunset Drive and Illinois Street. The Sunnyland Neighborhood Association requested a rezone of the properties from residential 25 single - detached to residential single - detached/attached with a medium density of 6,250 square feet per dwelling unit and create new design/development standards. City staff recommended and council approved a higher medium density of 5,000 square feet per unit and the use of existing code provisions to allow certain infill housing forms and their design standards. AB20496 (Ordinance 2014-09-048) Approved 6-1, Terry Borneman opposed.

180. Adopt a new downtown sub-area plan? This vote amends the Bellingham Comprehensive Plan; the Land Use Development Code; and portions of the Lettered Streets, Sehome, Sunnyland and York neighborhood plans and zoning tables to reflect this new overlay. Changes include recommendations to: base pricing for parking on market demand and supply, tied to specific performance benchmarks; expand the permitted locations for Jail and Correctional Facilities to include the blocks north and south of the courthouse; maintain the existing streetscape, with sidewalks separated from the street curb by landscaping, street parking, and development having windows and prominent front entries oriented to the street; locate parking facilities in relation to property lines and required yards; encourage and provide incentives for on-site measures to reduce or eliminate runoff of untreated stormwater from private properties, such as green roofs and low‐impact landscaping practices; and to adopt standards and practices for reducing unwanted sound transmission from new buildings, which may affect nearby users. AB20464 (Ordinance 2014-09-049) Amended and approved 7-0.

181. Reclassify one position in the Legislative Department? The position has been reclassified from program specialist to senior legislative policy analyst. This action is retroactive to 1/1/2014. AB20532 (Ordinance 2014-09-050) Approved 7-0

182. Upgrade two full time positions in the Executive Department and delete one position? The mayor is restructuring positions in the Executive Department with the purpose of lowing costs and increasing efficiency. The communications manager position will be reclassified as communications director. The executive coordinator position will be reclassified as deputy administrator. One position is eliminated by the communications director assuming some of the duties of the community outreach specialist position. AB20533 (Ordinance 2014-09-051) Approved 5-2, Terry Bornemann and Jack Weiss.

183. Appropriate $35,000 for Public Access Television pilot training program and startup expenses? Following council’s action to begin Public Access Television Service pilot program, Staff request an increase in appropriations to pay for training program expenses ($30k,000) and other startup expenses ($5,000). AB20534 (Ordinance 2014-09-052) Approved 7-0

184. Appropriate an additional $15,000 for the Public Access Television pilot project? The money will be used to purchase computer hardware. AB20535 (Ordinance 2014-09-053) Approved 7-0

185. Amend the Bellingham Municipal Code to correct a scrivener’s error? BMC 2.56 allows the mayor to appoint the Bellingham Hearing Examiner. A pro tem appointment was inadvertently omitted from BMC 2.56.020. AB20538 (Ordinance 2014-09-054) Approved 6-1, Michael Lilliquist opposed.