Bellingham City Council

Action Taken at September 22, 2014 Meeting

Shall the council:

186. Spend $30,000 to purchase properties located at 2649 and 2653 Strawberry Shore Drive? The properties are located in the Lake Whatcom watershed. The city is buying these properties in order to help preserve drinking water quality in the Lake Whatcom reservoir. No Greenways funds will be used for this purchase. (Discussed in Executive Session) Approved 6-0, Pinky Vargas excused.

187. Grant a noise variance for night construction on Aldrich Road? The RJ Group, developer of West Cordata Green, is proposing to install a drainage pipe along Aldrich Road. Due to the location of the pipe in the roadway, it will be difficult to keep the roadway open during the day for traffic to Cordata Elementary School. Construction work in residentially zoned areas between 10 p.m. and 7 a.m. requires a noise variance. This vote will be subject to the condition that the developer provide appropriate notice to surrounding properties. (AB20556) Approved 5-1, Jack Weiss opposed, Pinky Vargas excused.

188. Appropriate $1,293,597 for goods and services checks issued from August 22 through August 28, 2014? (AB20565)Approved 6-0, Pinky Vargas excused.

189. Appropriate $2,813,459 for payroll checks issued from August 26 to September 10, 2014? (AB20568) Approved 6-0, Pinky Vargas excused.

190. Authorize the mayor to award low bids totaling $86,880 for water distribution accessories? The components are gave valves, tapping valves, check valves, tapping sleeves and tapping valves SS that are used on water main connections and maintenance projects. The components were divided into five groups; bids were separate for each group. Ferguson Waterworks of Burlington was the lowest bidder for groups A, B, C, and E for a total of $77,410. HD Fowler Company of Bellingham was the lowest bidder for group D for $9,470. There were 25 bid solicitations viewed at the city website and 10 bids were received from two companies. (AB20569) Approved 6-0, Pinky Vargas excused.

191. Authorize the mayor to award low bids totaling $73,429 for water distribution accessories? The components are elbows, sleeves, tees, caps, plugs, reducers, adopters, couplings, pipe restrains and grip ring accessory packs that are used on water main connections and maintenance projects. The components were divided into 11 groups; bids were separate for each group. Ferguson Waterworks of Burlington was the lowest bidder for groups A, B, C, D, F, G, H, I and K for a total of $70,954. HD Fowler of Bellingham was the lowest bidder for groups E and J for a total of $2,475. There were 27 solicitations viewed at the city website and bids were received from two companies. (AB20570) Approved 6-0, Pinky Vargas excused.

192. Appropriate $2,324,985 for goods and services checks issued from September 5 through Sept 11, 2014? (AB20571) Approved 6-0, Pinky Vargas excused.

193. Establish an appointment process to fill the vacancy in the Third Ward Councilmember position? Councilmember Cathy Lehman will be resigning her office in December; the council will facilitate an efficient, equitable process to appoint a qualified person in as timely a manner as possible. An announcement inviting applications will be printed in The Bellingham Herald as soon as possible to notify the public of this process and the application period. AB20562 (Resolution 2014-30) Approved 5-0-1, Cathy Lehman abstained, Pinky Vargas excused.

194. Set October 13 as the public hearing date for consideration of a petition to vacate a portion of the Samish Way/37th Alley south of Consolidation Avenue? The hearing before the Bellingham Hearing Examiner will be at 6 p.m. in the City Council Chambers. AB20566 (Resolution 2014-31) Approved 6-0, Pinky Vargas excused.

195. Set October 13 as the public hearing date for consideration of a petition to vacate an unnamed alley right-of-way? The property is generally located west of 15th Street centered between Taylor and Douglas Avenues in Fairhaven. The Bellingham School District requested that vacation to construct a new addition to the Lowell Elementary School. The hearing before the Bellingham Hearing Examiner will be at 6 p.m. in the City Council Chambers. AB20567 (Resolution 2014-32) Approved 6-0, Pinky Vargas excused.

196. Close High Street through the Western Washington University’s campus? Western Washington University has had permission to close High Street for limited hours through the campus corridor since 1976; University officials requested the part-time closure be changed to a full-time closure. High Street will remain open to public transit, emergency vehicles, bicycles, and university vehicles. AB20542 (Ordinance 2014-09-055) Approved 6-0, Pinky Vargas excused.

Action Taken at October 13, 2014 Meeting

Shall the council:

197. Approve the mayor’s reappointment of Jim Bjerke and Tom Weller 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 and advises the council on parking fees, fines and collection methods, off-street parking contracts and possible expansion of residential parking zones. Mr. Bjerke is the owner of Pacific Continental Realty and has managed commercial properties in Bellingham for over 30 years. He was appointed to a partial term at the 7/23/2012 meeting, vote #142. His first full three-year term will expire on 10/19/2017. Tom Weller is employed as a civil engineer at Trantech Engineering. He was appointed to a partial term at the 1/27/2014 meeting, vote #12. His first full three-year term will expire on 10/24/2017. (AB20587) Approved 6-0, Jack Weiss excused.

198. Authorize the mayor to award the low bid of $87,319 to Seven Sisters, Inc. of Sedro Woolley for a new WHAT-COMM 911 uninterruptible power supply? The power supply will allow WHAT-COMM 911 to continue to operate its phone answering and recording systems, and the computer aided PC/software system for entering and dispatching 911 calls in the event of a power outage. The current UPS was installed in 1992 and is past the end-of-life and is showing signs of failure. There were 60 solicitations viewed and two bids were received. (AB20590) Approved 6-0, Jack Weiss excused.

199. Receive and spend a federal grant for active shooter vests? (Public hearing held on September 8) The city and the county applied for the grant and the city is administrating the funds. The city’s portion is $25,834 and the county’s portion is $15,201. (AB20591) Approved 6-0, Jack Weiss excused.

200. Appropriate $2,739,773 for payroll checks issued from September 11, 2014 through September 25, 2014? (AB20593) Approved 6-0, Jack Weiss excused.

201. Appropriate $1,362,134 for goods and services checks issued from August 28 through September 4, 2014? (AB20594) Approved 6-0, Jack Weiss excused.

202. Appropriate $4,551,159 for goods and services checks issued from September 12 through October 2, 2014? (AB20592/20595/20596) Approved 6-0, Jack Weiss excused.

203. Authorize the mayor to award the low bid of $1.52 per pound to Polydyne, Inc., of Riceboro, Georgia, for polymer at the Post Point Treatment Plant? Approximately 44 tons of polymer are used each year by the treatment plant to increase the density of bio-solids before burning them. The last low bid for polymer was at the 12/5/2011 meeting, vote #245, it was $1.76 per pound, which was four cents per pound higher than the previous low bid. There were 125 solicitations viewed and two bids were received. (AB20597) Approved 6-0, Jack Weiss excused.

204. Recognize the second Monday in October as Coast Salish Day in the city of Bellingham? This vote recognizes the historical trauma that many cultures, including the Coast Salish populations, have experienced due to an era of colonization. It also points to the opportunity to celebrate the Coast Salish people, including the Nooksack Indian Tribe and the Lummi Nation, who have lived, worked and played in Bellingham since time immemorial. AB20580 (Resolution 2014-33) Approved 6-0, Jack Weiss excused.

205. Add a comprehensive plan amendment to the docket for review in 2014-15? (Public hearing held) Pacific Harbor Holdings is requesting a rezone to allow a professional office to be established in a former church building located at 801 Samish Way. Council voted at the 8/4/2014 meeting to direct the applicant to follow the docketing procedures in the Bellingham Municipal Code prior to coming back to council for a final decision. The docket process has now been completed. AB20574 (Resolution 2014-34) Approved 6-0, Jack Weiss excused.

206. Adopt the 2014-2019 Water Use Efficiency Program goals? (Public hearing held) In 2003, the state Legislature passed the municipal water law that required municipal compliance by 1/22/08. The City Council passed the 2008-2013 goals and performance measures at the 1/14/2008 meeting, vote #12. The 2014-2019 goals include maintaining annual city-wide average daily demand below 10 million gallons per day during the 2014-2019 program period, and maintaining average peak day demand between June 1 and August 31 of each year to below 14 million gallons per day during the 2014-2019 program period. Measures include rebates for commercial and residential customers; establishing best management practices for irrigation, industrial and institutional customers; engaging partners to provide efficiency resources; a system-wide efficiency cost-benefit analysis; and improving operations of the water treatment plant by implementation of more efficient technology. The 2014 water conservation budget will be approximately $200,000. AB20558 (Resolution 2014-35) Approved 6-0, Jack Weiss excused.

207. Approve the 2014 Bicycle Master Plan? The master plan is the result of over one year of citizen, steering committee, consultant, and staff input and establishes a recommended bicycle network that the city will strive to implement in the future, including strategies for funding and implementation moving forward. The plan is available on the city’s website (http://cob.org/services/planning/transportation/bike-master-planning.aspx) In response to a work session and staff recommendations the council is revising language in several sections. AB20527 (Resolution 2014-36) Amended and approved 6-0, Jack Weiss excused.

208. Approve a site specific rezone in the Meridian neighborhood to allow the city’s planned industrial uses? The creation of Area 1A will allow the full range of the city’s planned industrial uses in addition to those already permitted. The review process for this type of application includes a closed record public hearing before the City Council prior to a final decision. The rezone site abuts Mahogany Avenue and is centrally located between Pacific Highway, Northwest Road, Mahogany Avenue and W Bakerview Road. AB20555 (Ordinance 2014-10-056) Approved 5-1, Michael Lilliquist opposed, Jack Weiss excused.

Action Taken at October 27, 2014 Meeting

Shall the council:

209. Grant a noise variance for the Padden Creek Estuary habitat enhancement project? The project will create new salt marsh habitat and remove creosote treated timbers and pilings, as well as stabilize the slopes along the eastern estuary boundary. Salt marsh excavation will be done along the western shoreline and filling along the eastern shoreline. Work will be necessary at night to match the low tides. Construction work in residentially zoned areas between 10 p.m. and 7 a.m. requires a noise variance. An additional condition was added that appropriate notice be provided to surrounding properties. (AB20600) Approved 6-0, Gene Knutson excused.

210. Deny water and sewer service to 2454 Yew Street Road? The owners of the property, located at the corner of Democrat Street and Yew Street Road, are appealing a decision by the public works director to deny their request for water and sewer service to a vacant residentially-zoned lot. When denying the application, Director Carlson noted that the application had previously been reviewed by the City Council at the 3/3/2008 meeting, vote #53, and denied. He further stated that “since Council’s decision denying your client’s request, the city’s rules for providing service outside the city limits have become even more restrictive.” (AB20601) Approved 6-0, Gene Knutson excused.

211. Deny the request for water service to 4703 Aldrich Road? The existing residence at 4703 Aldrich Road has lost its ability to access water from a well and two attempts to drill a new well were unsuccessful. There is no other available water source. The property is located outside the Urban Growth Area and the city limits. The council decided that since the house was built after the City Council passed an ordinance prohibiting the extension of water outside the city’s Urban Growth Area it was not eligible for water service. (AB20602) Approved 4-2, Cathy Lehman and Pinky Vargas opposed, Gene Knutson excused.

212. Authorize the mayor to sign a license agreement with the Port of Bellingham for an interim public trail connection between Bellwether Way and the ASB/Marina Trail? At the 12/3/2013 meeting, vote #253, the City Council authorized the mayor to sign the Waterfront District Sub-Area Plan, which contemplates an interim off-road trail connection between Bellwether Way and the ASB/Marina Trail. The trail will eventually become permanent. (AB20605) Approved 6-0, Gene Knutson excused.

213. Approve the mayor’s reappointment of 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, and advises the council on parking fees, fines and collection methods, off-street parking contracts and possible expansion of residential parking zones Mr. McCabe was initially appointed the commission at the 10/19/2009 meeting, vote #22 and reappointed at the 10/24/2011 meeting, vote #214. His final term will end on 10/19/2017. (AB20611) Approved 6-0, Gene Knutson excused.

214. Approve the mayor’s appointment of Matthew Burke 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. Mr. Burke has lived in Bellingham since 2003, currently lives in the Whatcom Falls Park neighborhood and is employed as a real estate appraiser. This is his first term, it will end on 10/27/2017. (AB20613) Approved 6-0, Gene Knutson excused.

215. Approve the mayor’s appointment of Emily Derenne to the Greenway Advisory Committee? The committee provides recommendations to the City Council and the Parks and Recreation Department about Greenway levy expenditures, parkland acquisitions and parks/trails/open space development projects. Ms. Derenne has lived in Bellingham for five year, currently lives in the Letter Street neighborhood and is employed as a habitat restoration specialist. This is her first term; it will end on 10/27/2017. (AB20614) Approved 6-0, Gene Knutson excused.

216. 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 $154,539 total in 2015, with payments to be made quarterly; this amount includes a 2.1 percent increase over the amount paid in 2014. (AB20615) Approved 6-0, Gene Knutson excused.

217. 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. (AB20616/20617/20618) Approved 6-0, Gene Knutson excused.

218. Appropriate $2,794,822 for payroll checks issued from September 26 through October 10, 2014? (AB20619) Approved 6-0, Gene Knutson excused.

219. Appropriate $1,972,826 for city goods and services checks issued from October 10 through October 16, 2014? (AB20620) Approved 6-0, Gene Knutson excused.

220. Declare the Aloha Motel property to be a neighborhood blight? Mayor Kelli Linville has determined that the Aloha Motel located at 301 and 305 North Samish Way is a threat to the public health, safety or welfare. The mayor’s determination is supported by declarations submitted by the Bellingham Police Department, the Whatcom County Health Department, and neighboring business owners and residents describing the violent crimes, prostitution, illegal drug activity and methamphetamine contamination present and occurring on the property. Upon passage of this resolution, council will consider an ordinance authorizing the city attorney’s office to take all necessary actions to acquire the property through either voluntary agreement or eminent domain proceedings. AB20603 (Resolution 2014-37) Approved 6-0, Gene Knutson excused.

221. Endorse the city of Bellingham’s participation in the Georgetown University Energy Prize competition? The city submitted a letter of intent to participate in the Georgetown University Energy Prize in February 2014. In June 2014, an application to participate was submitted, and in August the city advanced to the quarterfinals of the competition, along with 51 other cities nationwide. In order to participate, the city must submit an Energy Efficiency Program Plan by 11/10/2014. AB20607 ( Resolution #2014-38) Approved 6-0, Gene Knutson excused.

222. Accept the donation of property known as Scudder’s Pond? The North Cascades Audubon Society is donating two acres of upland and aquatic lands comprising Scudder Pond. The property is located on the Railroad Trail in the Lake Whatcom watershed near the corner of Alabama Street and Electric Avenue. No environmental concerns were identified in the environmental site assessment. The ordinance included in the agenda packet for third and final reading on October 13 erroneously omitted language that was included in the first and second reading. The omitted language prescribed the form of the deed to be used for the conveyance. That vote was void; this ordinance now includes the inadvertently omitted language and is being presented to council for final consideration. AB20572 (Ordinance 2014-10-057) Approved 6-0, Gene Knutson excused.

223. Allow the city of Bellingham to acquire by eminent domain the property known as the Aloha Motel? The City Council declared the Aloha Motel property to be a neighborhood blight (see vote #220) allowing the city to condemn the property and acquire it. This ordinance will take effect upon the signature of the mayor. AB20604 (Emergency Ordinance 2014-10-058) Approved 6-0, Gene Knutson excused.

224. Receive and spend a federal grant for active shooter vests? The city and Whatcom County jointly applied for the grant. The city’s portion is $25,834 and the county’s portion is $15,201. The city will administer the funds. 20591 (Ordinance 2014-10-059) Approved 6-0, Gene Knutson excused.