Bellingham City Council

Shall the council:

126. Authorize the mayor to settle a claim for damages? A claim was filed by Ane Soriano for a sewer back-up that occurred on 1/28/2011 in a basement apartment at 1621 Electric Avenue. The city paid Ms. Soriano $25,636 for property restoration and damaged personal property. The city also paid Elite Property Services of Everett $14,368 for property cleanup. (Discussed in Executive Session) Approved 7-0

127. Authorize the city to comment on and appeal all Whatcom County decisions approving the Caitac USA Corporation rezones? At the Whatcom County Council meeting on 2/22/2011, vote #24, the council voted to consider rezoning the Caitac property from R10A (one house per 10 acres) to R5A (one house per five acres) and rezone the golf course from R10A to Tourist Commercial to allow a hotel with limited area of more intense rural development designation The Planning Commission will hold a public hearing before the council considers the land use changes. The city is appealing the county’s decision in the case of City of Bellingham Appeal of Whatcom County SEPA threshold determinations for the Caitac Rezones, SEPA 2010-00085 and SEPA 2010-00088. (Discussed in Executive Session) Approved 7-0

128. Take no action on the traffic camera initiative? The Transportation Safety Coalition collected enough signatures to place the initiative banning the use of traffic cameras in Bellingham on the November ballot. The council has five options: 1) enact the initiative (which would repeal the current ordinance); 2) reject the initiative; 3) pass a resolution deferring the initiative to the voters; 4) reject the initiative and pass an alternative and 5) take no action (if no action within 30 days, the initiative automatically goes on the ballot). The City Council could also file a pre-election challenge. Mayor Pike recommended against legal action to try to keep it off the ballot has also called the camera company, American Traffic Solutions, to urge them not to sue to block the initiative. The City Charter describes “take no action” as an alternative. (Discussed in Executive Session) Approved 7-0

129. Authorize the mayor to sign a request for an expanded environmental review with a coalition of Washington State cities regarding the Gateway Pacific Terminal project? Gateway Pacific has proposed an additional pier at Cherry Point to ship coal to China. The letter to Governor Christine Gregoire requests that state agencies assert lead review status for environmental impacts of the project. At deadline, the mayor’s of Seattle and Marysville have joined Bellingham in requesting state review. (Discussed in Executive Session) Approved 7-0

130. Replace a former railroad bridge on James Street and connect it to the Bay to Baker trail? The council was presented with four alternatives for dealing with the work needed to align the Bay to Baker trail, without having to move a gas line any more than necessary. Alternative #1 is the least expensive option and provides for pedestrian and traffic safety as well. The disadvantage is that the trail would not be straight and ramps would have to be built up to James Street. (AB19255) Alternative #1 approved 7-0

132. Authorize the mayor’s appointment of Barbara Alten 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, advises the council on parking fees, fines and collection methods, off-street parking contracts and possible expansion of residential parking zones. Ms. Allen is filling a vacancy left by the resignation of Claudia Kelley; the term will expire on 10/19/2012. (AB19259) Approved 6-0, Gene Knutson excused.

133. Authorize the mayor to award the low bid of $111,351 to Veca Electric of Bellingham for the installation of an emergency generator at Fire Station 1? Two federal grants from the Department of Homeland Security (7/25/2011 meeting, votes 152 and 153) totaling $81,884 will cover 74 percent of the cost and the rest is city funds. There were 57 bid solicitations viewed and two bids were received (AB19265) Approved 7-0

134. Appropriate $4,268,328 for goods and services checks issued from June 10 to June 30, 2011?(AB19267/19268/19269) Approved 6-0, Gene Knutson excused.

135. Appropriate $2,429,357 for payroll checks issued from June 11 to June 24, 2011? (AB19270) Approved 6-0, Gene Knutson excused.

136. Declare support for the American Alps Legacy project? The legacy project proposes that Congress add 304,000 acres (234,000 acres in Whatcom County) to the North Cascades National Park. It includes Baker River/Baker Lake, Sauk Mountain, Sawtooth, Liberty Bell, Early Winters, Golden Horn and Ross Lake NRA. It will protect fish and wildlife habitats, increase economic benefits to nearby communities and provide enhanced recreational opportunities. For additional information, see the July and August 2009 issues of Whatcom Watch. AB19252 (Resolution 2011-12) Approved 7-0

137. Declare the repair of the sewer on Boulevard Street an emergency? An emergency declaration exempts the city from the bid process and allows payment. On 6/21/2011, a sewer main on Boulevard Street collapsed resulting in a back up, filling a nearby manhole catch basin. The backed-up sewage threatened to flow onto the street and into homes and businesses. Since the situation required immediate attention, Ram Construction was hired to repair the main and the city disconnected the catch basin from the sewer system and connected it to the storm main instead. The estimated cost of the repairs is $80,000. AB19262 (Resolution 2011-13) Approved 6-0, Gene Knutson excused.

138. Appropriate $59,200 to purchase new rifles for the police department? Patrol rifles are widely used by law enforcement agencies because of their long-distance accuracy and their ability to penetrate body armor. The Bellingham Police Department owns patrol rifles, but is requesting an upgrade to new ones. Currently no patrol rifles are assigned to the traffic division because the old rifles are too large for the motorcycle storage area. Traffic officers are often the first to respond to serious situations, the department needs enough new rifles to equip both patrol and traffic divisions. AB19247 (Ordinance 2011-07-33) Approved 6-0, Gene Knutson excused.

Shall the council:

139. Intervene in the case of “Douglas Tomczak vs Washington State Department of Ecology” before the Shoreline Hearings Board? On 12/21/2010, Mr. Tomczak submitted a Shoreline Substantial Development application to construct a residential dock and applied for a Shoreline Conditional Use Permit to utilize the dock for float plane moorage in the future. Lake Whatcom is home to an FAA approved seaplane base and the WA State Seaplane Pilots Assn. helped to prepare the application. The Whatcom County Hearing Examiner approved the permits provided that Mr. Tomczak followed the Seaplane Pilot’s Assn. guidelines for cleaning the plane and protecting the lake against accidentally importing invasive species. The Washington State Department of Ecology overturned the hearing examiner’s decision, finding that the Seaplane Pilots Assn. methods for controlling invasive species are inadequate. Mr. Tomczak, with the help of the Pacific Legal Foundation, is appealing the denial of the float plan moorage. (Discussed in Executive Session) Approved 7-0

140. Direct staff to reduce the scope of the Bellingham Comprehensive Plan update project? The 2006 Comprehensive Plan was to be completed in time to meet the State Growth Management Act deadline of 12/1/2014. In May 2011, the state Legislature approved an extension of that deadline to 6/30/2016 for localities in Whatcom County. Because state funding is not currently available for a full update. Staff has recommended reducing the current project scope and deferring the major update of the plan to meet the new 2016 deadline, reassigning current staff resources to other projects as appropriate. (AB19275) Approved 7-0

141. Authorize the mayor to award the low bid of $1,602,734 to Razz Construction of Bellingham for Central Avenue Improvements? There will be structural repairs to the wharf, the water main attached to the wharf will be replaced and a traffic signal installed at the intersection of Roeder and Central. There were 121 solicitations viewed and five bids were received. (AB19276) Approved 6-1, Jack Weiss opposed.

142. Authorize the mayor to award the low bid of $656,354 to Glacier Environmental Services of Mukilteo for interim action at the Eldridge municipal landfill? 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 interim action involves removing stockpiled fill materials, municipal refuse and contaminated soil. The soil and refuse will be excavated and taken to a landfill for disposal. The excavation will be filled with clean soil and planted and a new wetland area will be created. There were 89 bid solicitations viewed and six bids were received. (AB19277) Approved 7-0

143. Hire Code Publishing of Seattle to update and reformat the Bellingham Municipal Code? Over the years, the city code has been maintained by the city legal department. New developments in computer software can make the code more uniform and more easily accessible and searchable. In order to do a complete review and update the code to new software, city staff reviewed three proposals and presentations by professional code publishers and after comparing prices, features and online experience Code Publishing was chosen for the job. The estimated cost over two years is $30,000.(AB19283) Approved 7-0

144. Appropriate $2,048,505 for goods and services checks issued from July 1 to July 15, 2011? (AB19286/19287) Approved 7-0

145. Appropriate $3,551,073 for payroll checks issued from June 25 to July 8, 2011? (AB19288) Approved 7-0

146. Authorize the finance director to invest city funds in the local government investment pool? The investment pool is a trust fund known as the public funds investment account, where local government money may be deposited for investment by the state treasurer. The state does not guarantee that investments will turn a profit. As of 6/30/2011, there was $19,823,130 to be invested in the pool. AB19281 (Resolution 2011-14) Approved 7-0

147. Prohibit the use of plastic carryout bags at retail stores? A carryout bag is defined as a bag provided by the store for the customer to carry purchases home. It does not include bags used inside the store to contain items which are damp or which have no other packaging. Also excluded are pharmacy prescription bags, newspaper bags, door hanger bags, laundry or dry cleaning bags, or bags which are sold in the store in multiple bag packages. Stores may provide recycled paper bags, but must charge at least five cents each for them, except to low income individuals. Stores who have no reasonable alternative may apply for and receive a one-year exemption which may be reapplied for each year. AB19147 (Ordinance 2011-07-34) Approved 7-0

148. Amend and simplify municipal code definitions of “floor area or space” and “floor area ratio?” (Public hearing held at July 11 meeting.) “Floor area or space” is redefined as the sum of all floor areas of a building excluding parking and loading areas, unroofed areas, areas that are open on two or more sides and spaces with less than seven foot ceiling height. “Floor area ratio” is redefined as the total gross floor area of the building excluding areas with a ceiling height of three feet or less. AB19253 (Ordinance 2011-07-35) Approved 7-0

149. Amend the municipal code concerning front yard setbacks for residential properties? (Public hearing held at July 11 meeting.) In order for new homes or additions to fit into the existing character of a neighborhood, this ordinance would allow an averaged front yard setback instead of a fixed required amount. Some structures would be allowed to encroach on the setback, if 40 percent of the existing buildings on the same block are closer to the front property line. This would not apply to garages or carports. In addition the ordinance calls for reformatting the residential setback options into tables which should be easier to use and understand. Council amended the ordinance to permit cantilevered greenhouse windows on the first story of a building. AB19254 (Ordinance 2011-07-36) Amended and approved 7-0

150. Amend time limits for use of funds or refund of fees paid? The state Legislature recently passed a law to provide financial relief to cities by delaying certain requirements. This law relates to impact fees, extending the time for cities to use or refund the fees from six years to 10 years. The city code will conform with the new state law. AB19256 (Ordinance 2011-07-37) Approved 7-0

151. Amend the municipal code concerning traffic violations related to standing, stopping and parking? In 2011, the state Legislature changed the law numbers for certain violations. This ordinance will reflect those changes plus adding that parking in an access aisle is not allowed. AB19257 (Ordinance 2011-07-38) Approved 7-0

152. Receive and spend $42,099 in federal grant funds for an emergency generator? This grant from the Department of Homeland Security (see next vote and 7/11/2011 meeting, vote #133). The purpose of the grant is to improve the ability of local government agencies to prevent, respond to and recover from catastrophic or terrorist events. AB19263 (Ordinance 2011-07-39) Approved 7-0

153. Receive and spend $39,785 in federal grant funds for an emergency generator? This grant from the Department of Homeland Security (see previous vote and 7/11/2011 meeting, vote #133). The emergency generator will be installed at Fire Station #1. The city will also spend $23,041 to complete the purchase. AB19264 (Ordinance 2011-07-40) Approved 7-0