Bellingham City Council

Shall the council:

96. Authorize the mayor to sign an amendment to the Whatcom Waterway consent decree? The Whatcom Waterway is over 200 acres, partially underwater, of the downtown Bellingham waterfront. It includes the former Georgia-Pacific log pond and the industrial waste treatment lagoon built to treat G-P’s mercury-laden wastewater before pouring it back into the bay. Under state supervision, G-P removed sediment and restored habitat in the log pond when the mill closed in 2001. In 2005, the Port of Bellingham purchased the property from G-P at which time the city and port became liable for the rest of the cleanup the site needs. In 2007, that liability was “settled” by the signing of the consent decree which defines the plan for cleanup and restoration of the site. In 2008 it was found that buried sediment in the outer waterway contains enough dioxin and furans to disqualify it for disposal in an open water location as was planned, so the port developed an alternative for that. The proposed amendment to the consent decree involves moving the sediment from the outer waterway and burying it in the industrial waste treatment lagoon under clean sediment. (Discussed in Executive Session) Approved 7-0

97. Authorize the mayor to sign an agreed order for the Cornwall Avenue landfill (amendment #1) with the state of Washington? The council initially authorized the mayor to sign the agreed order at the 11/22/2004 meeting, vote #252. The Cornwall Avenue landfill is approximately 16.5 acres located at the south end of Cornwall Avenue next to the bay. From 1888 to 1946 the property was used by a sawmill for log storage and wood disposal. Next it was used for municipal solid waste disposal from 1953-65. Then later the dumpsite was buried under a layer of soil. This amendment allows interim cleanup actions and is also a detailed plan for an interim action which will use material dredged from Squalicum Harbor marina to re-contour an upland portion of the site then cover it with a waterproof sheet to redirect rainwater so that less water flows through the remaining municipal waste. The port needs to dredge the marina in order to maintain required water depths for navigation. Taking this interim action while the dredged material is available should make future cleanup of the site easier and more effective. The amendment is subject to modification based on public comments with will be accepted from 6/8 to 7/6/11. (Discussed in Executive Session) Approved 7-0

98. Authorize the mayor to sign an agreed order for the Eldridge municipal landfill site (amendment #1) with the state of Washington? The council initially authorized the mayor to sign the agreed order at the 6/7/2010 meeting, vote #116. The site is located in Little Squalicum Park, next to the Bellingham Technical College. It covers about 7,200 square feet, is owned by the county and managed by the city. For a few years in the mid to late 1930s, the city used the site for burning and burying municipal waste. The proposed amendment to the agreed order will allow an interim action or partial cleanup of the site, since the funding is available now. Solid waste and contaminated soil will be removed to an upland landfill. The work will begin in August 2011 and after it is completed the site will be tested to see if additional cleanup is needed. (Discussed in Executive Session) Approved 7-0

99. Spend $150,000 to purchase seven acres on Samish Hill? The property is located on the crest of central Samish Hill above the west end of Palmer Road (south boundary of KGMI) off Yew Street. The city initially purchased some adjacent land from the same seller in 1996, this purchase lies within the Samish Crest open space property and will expand the Samish Crest Greenway trail. It will also provide near-term access between North Samish Hill open space and Yew Street. The purchase price is the city’s appraised value of the land. (Discussed in Executive Session) Approved 7-0

100. Authorize the mayor to sign an agreement with the state of Washington to fund a source control program? This is the third vote on funding a source control specialist, the first was approved at the 3/31/2008 meeting, vote #83 and the second at the 7/27/2009 meeting, vote #156. The purpose of the source control program is to prevent pollution of urban waters. For the state, the program provides education and outreach to businesses about hazardous waste, regulated waste and stormwater runoff. For the city, the program provides the staff needed to meet the requirements of the municipal stormwater permit. The state will contribute $158,638 toward a full time, two-year source control specialist who will provide technical assistance and information to small businesses and report and make referrals to the state. The agreement begin on 7/1/2011 and ends on 6/30/2013. (AB19225) Approved 7-0

101. Docket a proposed Comprehensive Plan amendment and rezone for part of the Sunnyland Neighborhood? The measure was taken off the docket last year. There is disagreement between factions of the neighborhood over the requested rezone for multi-family dwelling. Docketing this amendment will put it in line for future review. (AB19204) Failed 3-4, Seth Fleetwood, Michael Lilliquist, Stan Snapp and Jack Weiss opposed.

102. Postpone review of the proposed Comprehensive Plan amendment and rezone for part of the Sunnyland Neighborhood for four months? During these four months staff will work to define technical requirements for the rezone as required by existing infrastructure. The deferral will also will allow time to promote more communication within the neighborhood. (AB19204) Approved 5-2, Gene Knutson and Barry Buchanan opposed.

103. Approve the appointment of Randy Stegmeier to the Whatcom County Law and Justice Council? The Law and Justice Council helps to coordinate between criminal and juvenile justice agencies, programs and services in Whatcom County. Mr. Stegmeier has lived in Bellingham for 3½ years. He is currently chief of police at WWU and holds a BS degree in police science and administration from Washington State University. He has been in law enforcement for 39 years and has served as an executive board member for the Washington Association of Sheriffs and Police Chiefs. His term on the Law and Justice Council will run from 6/6/11 to 6/5/15. (AB19228) Approved 7-0

104. Appropriate $1,983,263 for goods and services checks issued from May 13 to May 26, 2011? (AB19231/AB19232) Approved 7-0

105. Appropriate $2,411,194 for payroll checks issued from May 11 to April May 25, 2011? (AB19233 ) Approved 7-0

106. Express appreciation of Western Washington University’s Center for Canadian-American Studies? The center has now been in existence for 40 years. Through research and teaching it has helped to promote understanding and cultural awareness among the citizens of both countries. The center was established in 1971 due to ten years of tireless effort by Bellingham citizen Dr Robert Kaiser. Since then it has become a national leader in Canadian Studies under the direction of Professor Emeritus Dr. Robert Monahan, and it continues to excel under the guidance of Dr. Donald Alper. AB19220 (Resolution 2011-08) Approved 7-0

107. Adopt two state laws by reference? The Bellingham Municipal Code contains a section called “Offenses Against Persons” which adopts eight state criminal laws by reference; Cyberstalking and Violation of a Civil AntiHarassment Order will be added to that group. Both of these crimes occur or have occurred in the city of Bellingham. AB19209 (Ordinance 2011-06-27) Approved 7-0

108. Authorize the finance director to advise the Whatcom County Treasurer concerning the transfer of property taxes collected for the city? For the last 22 years, Whatcom County has wired the funds to the city. In 2010, the wire transfers cost the city $240. New technology provides less costly means of transfer, such as automated clearing house transactions, and may come up with even better options in the future. The county may also be asked to invest funds for the city. The finance director will instruct the county on the method of transfer and investment of these funds. If funds are invested, the county treasurer may deduct and retain the investment fees from the city’s interest earnings as they become available. AB19213 (Ordinance 2011-06-28) Approved 7-0

Shall the council:

109. Authorize the city to appeal Whatcom County Ordinance 2011-013 to the Growth Management Hearings Board? The ordinance was passed by the County Council at the 5/10/2011 meeting, vote #72. It amends the county zoning map, comprehensive plan and maps to implement changes related to rural land use planning. The city has concerns about how the ordinance will affect development around Lake Whatcom and city infrastructure. (Discussed in Executive Session) Approved 6-0, Stan Snapp excused.

110. Spend $240,000 to purchase .38 of an acre on Ellis Street? The property address is 1815 Ellis Street, but it has no actual frontage on Ellis Street. It is a flat, wedge-shaped tract of open land lying north of the railroad trail bridge over Whatcom Creek and south of the Platt Electric property. It will be a small wayside park on the creek and might be traded in the future to provide better creek greenway connections between Kansas and Dean streets. The sellers are Doug and Lynn Starcher, the purchase price is the appraised value. (Discussed in Executive Session) Approved 6-0, Stan Snapp excused.

111. Direct the executive department staff to develop a rental licensing and inspection program? Working within the framework developed by the council Planning and Community Development Committee, staff would also provide for warrant authority and prepare the corresponding ordinances. The licensing program would be funded by a per-unit annual fee. The council’s policy analyst would be directed to provide research assistance as requested by city departments or the city’s chief administrative officer. (AB18687) Failed 2-4, Terry Bornemann, Barry Buchanan, Gene Knutson and Seth Fleetwood opposed and Stan Snapp excused.

112. Sell three surplus properties on Sunset Drive through multiple listing and negotiation? (Public hearing held at 2/28 meeting). At that time, the council declared the three lots to be surplus and directed staff to sell them by a sealed bid process, which resulted in no bids. Multiple listing is now recommended as the next best method of sale. The city originally purchased the three lots as part of the Sunset Drive improvement project. The street-front portion of each lot has become part of the improved street and will be retained by the city. On the south side of the street, the two houses are located at 2804 and 2932 E. Sunset. On the north side of the street, one unimproved lot is located at 2841 E. Sunset and is zoned for single family residence. (AB19110) Approved 6-0, Stan Snapp excused.

113. Reject the two bids for the Central Avenue Improvement Project and reopen the bidding? The project includes the installation of a traffic signal at the intersection of Central and Roeder, structural repairs to the Central Avenue wharf and replacement of the attached water main. There were 149 bid solicitations viewed and two bids were received. After reviewing the two bids, staff determined that the city bid documents were unclear on the use of reinforcing polymer to strength the bridge deck and recommended the project be re-bid. (AB19239) Approved 6-0, Stan Snapp excused.

114. Reject the low bid for Post Point condensers and reopen the bidding? The council voted at the 4/11/2011 meeting, #60, to accept the low bid from Bellingham Plumbing and Heating for failed condenser replacements. The company refused to sign the contract because it objected to the $3 million in insurance coverage which was included in the bid documents, as did the next lowest bidder. Bidding on the project will be reopened. (AB19240) Approved 6-0, Stan Snapp excused.

115. Authorize the mayor to award 11 low bids totaling $47,920 for water distribution accessories? The components are elbows, sleeves, tees, caps, plugs, reducers, adaptors, couplings, pipe restraints and grip rings that are used on water main connections and maintenance projects. The components were divided into 11 groups, bids were separate for each group. HD Fowler of Bellingham was the lowest bidder on nine groups at $38,205 and HD Supply Waterworks of Bellingham was the lowest bidder on two groups at $9,715. There were 37 solicitations viewed and 19 bids were received from three companies. (AB19245) Approved 6-0, Stan Snapp excused.

116. Authorize the mayor to award five low bids totaling $66,304 for water distribution accessories? The components are valves and tapping sleeves that are used on water main connections and maintenance projects. The components were divided into 5 groups, bids were separate for each group. HD Fowler of Bellingham was the lowest bidder on four groups at $35,389 and HD Supply Waterworks of Bellingham was the lowest bidder on one group at $30,915. There were 39 solicitations viewed and 10 bids were received from three companies. (AB19246) Approved 6-0, Stan Snapp excused.

117. Appropriate $2,399,495 for goods and services checks issued from May 27 to June 9, 2011? (AB19248/19249) Approved 6-0, Stan Snapp excused.

118. Appropriate $3,585,851 for payroll checks issued from May 26 to June 10, 2011? (AB19250)Approved 6-0, Stan Snapp excused.

119. Honor Kathy Fletcher for her work to protecting Puget Sound and founding People for Puget Sound? Ms. Fletcher is retiring after 25 years of service to the community as an advocate for cleaning up and restoring Bellingham Bay and protecting the water quality and shorelines of Puget Sound. She served as executive director of People for Puget Sound and chair of the Puget Sound Water Quality Authority. She was a strong voice for establishing the Cherry Point Aquatic Reserve and has fought for the recovery of the endangered orca whales. She has worked to establish improved oil spill prevention and response plans and ecosystem protections. AB19237 (Resolution 2011-09) Approved 6-0, Stan Snapp excused.

120. Designate July 2011 as “Parks and Recreation Month” in Bellingham? The U.S. House of Representatives has designated July as National Parks and Recreation Month, It recognizing the importance of parklands to communities through the country. The city recognizes that parks and open spaces are extremely important to the economic and environmental vitality of the community and to the health of its citizens. AB19238 (Resolution 2011-10) Approved 6-0, Stan Snapp excused.

121. Adopt the annual six-year (2012-2017) transportation improvement program? (Public hearing held at 6/6 meeting.) State law requires cities to update the six-year transportation program by July 1 of each year. The program provides a list of capital improvement projects and establishes the city’s eligibility for state and federal funds. The council voted on three amendments: 1. adding a line for a “Transportation Reserve” to Project #2 - Transit Service Enhancements and transferring the total amount identified to that line (approved 6-0); 2. ask staff to look at the budget for the coming year to identify funds to amend item #6 by adding enough street width to accommodate two bicycle lanes on Eliza Avenue (approved 6-0); 3. strike projects 11-B, E, F, G, H, I and J from the program list (failed 2-4, Terry Bornemann, Barry Buchanan, Sleth Fleetwood and Gene Knutson opposed). AB19211 (Resolution 2011-11) Amended and approved 5-1, Jack Weiss opposed and Stan Stapp excused.

122. Create the South State Street remediation fund? At the 3/29/2010 meeting, vote #61, the council authorized the mayor to sign an agreed order with the state of Washington and Puget Sound Energy to cleanup the former coal gasification plant. This site covers about six acres of waterfront property at the north end of Boulevard Park and was occupied from 1890 to 1946 by the Bellingham Bay Gas Co. A forerunner of Puget Sound Energy, Cascade Natural Gas operated a plant on the property during the 1950s. The city acquired most of the land in 1975; the state and BNSF Railway now own the rest. Contamination was found on parts of the property near Bay View Drive. The projected cost of the work will be $850,000. Of this, 50 percent will come from a state grant and the remainder will be shared by the city and Puget Sound Energy. AB19224 (Ordinance 2011-06-29) Approved 6-0, Stan Snapp excused.

123. Reclassify a position in the Planning Department? The currently vacant position of building inspector II will be changed to electrical inspector III. The electrical inspector will also do the building inspections. This will save the city money and also streamline the building permitting processes. AB19226 (Ordinance 2011-06-30) Approved 6-0, Stan Snapp excused.

124. Authorize the mayor to accept a $158,638 state grant for a full time source control specialist position? This position is being created as part of an agreement with the state (see 6/6/2011 meeting, vote #100) to prevent pollution of urban waters. The program provides education and outreach to businesses about hazardous waste, regulated waste and stormwater runoff and the staff needed to meet the requirements of the National Pollution Discharge Elimination System. AB19229 (Ordinance 2011-06-31) Approved 6-0, Stan Snapp excused.

125. Create a limited term position in the Public Works Department for an engineering technician? This technician will provide assistance, information and advice to property owners, developers, contractors engineers and citizens to design and apply for permits and grant funding for stormwater mitigation projects. The technician will also prepare technical reports and engineering maps and will create and maintain databases, files, and records for compliance with the city’s National Pollution Discharge Elimination Systems requirements. A state homeowner incentive program grant provides funding for this position. AB19230 (Ordinance 2011-06-32) Approved 6-0, Stan Snapp excused.