Bellingham City Council

Action Taken at July 2, 2012 Meeting

Shall the council:

129. Deny an appeal for damages? On January 11, 2012, two Bellingham police officers were at the corner of Alabama and Racine when a dog owned by Jack K. Freeman lunged (according to a city press release) at one of the officers. Mr. Freeman claims the dog was only barking at the officers. One of the officers shot the dog. While the dog lived, the owner claims it is partially deaf and blind. Mr. Freeman filed a claim for damages. The animal hospital bill for Jan 11 through February 6 was $1,540. The city investigated the claim, determined that the officer used reasonable force and denied the claim. The claimant appealed the decision to the City Council. (Discussed in Executive Session) Approved 6-0-1, Gene Knutson was out of the room.

130. Send a letter to Tyler Schroeder, State Environmental Policy Act Official regarding the project permits for the Gateway Pacific Terminal? This letter re-iterated and clarified the request and recommendation in the letter to Mr. Schroeder the City Council endorsed at the 5/14/2012 meeting, vote #97. The main focus of this letter is the possible rail siding in the city of Bellingham and the need for it to be included in the GPT application materials. This letter was signed by Council President Terry Bornemann. (Old/New Business) Approved 7-0

131. Amend the Bloedel Donovan Park Master Plan? Between 1901 and 1944 the Larson Lumber Mill was located at the park site. In 1946, Julius Bloedel and his wife Mina donated to the city 12 acres and $150,000 for its development as a park. This plan updates the 1980 plan, there will be some changes including a non-motorized boathouse, stormwater infiltration improvements, enhancement and maintenance of native plantings and planting areas, removal of shoreline structures, beach enhancement and a loop trail. The steam engine will be removed from the playfield due to its poor condition and relocated to a more appropriate spot. The City Council has been requesting lake friendly improvements to the park that will help to improve water quality. The non-motorized boathouse is a gift to the city from the Whatcom Rowing Association. To amended the plan, the received a $384,000 state grant and will use $128,000 in city funds. (AB19592) Approved 7-0

132. Authorize the mayor to reappoint Rod Dean and Linda Grant to the Greenway Advisory Committee? The Greenway committee provides citizen recommendations to the City Council and the Parks and Recreation Department about Greenway levy expenditures, parkland acquisitions and parks/trails/open space development projects. Both are reappointed to second terms ending on 3/30/ 2015. (AB19622) Approved 7-0

133. Authorize the mayor to enter into an agreement with the City of Blaine for their use of the Vector Waste Transfer Facility? Bellingham’s facility for disposal and recycling of street sweeper and stormwater catch-basin wastes is located at 2140 Division Street and is the only one located within Whatcom County. The City of Blaine in order to meet state requirements, has requested usage of the facility, which has adequate capacity to accept the extra materials as Blaine generates only small amounts of such waste. The City of Blaine will be charged $40.52 per ton plus 15 percent overhead in order to reimburse Bellingham for facility operating costs, estimated to total somewhere between $1,000 and $2,000 annually. The facility does not accept malodorous or chemical wastes. The agreement expires on 12/31/12. (AB19625) Approved 7-0

134. Authorize the mayor to accept a $79,273 energy conservation grant from Puget Sound Energy? The Public Works Wastewater Group applied for and will receive the grant, which is in recognition of the new, $426,147 energy efficient centrifuge recently installed at the Post Point Sewer Treatment facility. The grant will reimburse the city for part of the cost of purchasing the centrifuge. (AB19626) Approved 7-0

135. Authorize the mayor to award the only bid of $80,318 to West Coast Fire & Rescue of Lake Tapps, WA for rescue tools? At the 4/16/2012 meeting, vote #76, the City Council approved the receipt of a $68,424 federal grant for cutters, spreaders, door busters and rams to rescue people. This purchase also includes pulling adapters and pull chains. The federal grant requires a local match of $17,106. There were 23 solicitations viewed and one bid was received.(AB19627) Approved 7-0

136. Appropriate $2,980,252 for goods and services checks issued from June 8 through June 21, 2012? (AB19628/19629) Approved 7-0

137. Appropriate $2,531,612 for payroll checks issued from June 9 through June 25, 2012? (AB19630) Approved 7-0

138. Submit Initiative 2012-02 to the general election voters unless the Superior Court issues a judgement against it? Initiative 2012-02 is the Bellingham Community Bill of Rights [proposed by Coal-Free Bellingham]. The City Council believes that the bill “exceeds the scope of initiative power” and voted at the 6/18/2012 meeting, vote #119, to authorize the city attorney to seek a judgement to that effect. See vote #150 on the next page for the decision by Superior Court Judge Charles Snyder. AB19619 (Resolution 2012-17) Approved 7-0

139. Deny the request for a rezone of the Padden Trails property? Free Spirit Enterprises, LLC on behalf of Padden Trails, LLC requested a rezone of the 113 acre site which would permit development up to double the density permitted and allow multi-family and “infill tool kit” housing. The property is located in the Samish Neighborhood, east of I-5, south of Padden Creek and west of Lake Padden Park. The terrain varies from meadows and wetlands to steep slopes with only one possible place to build a road into it. After much public input and debate, the City Council found the proposed rezone to be in conflict with the unique character of the existing single family neighborhood in the area and that the Padden Trails site is not an appropriate place to increase density. AB19483 (Resolution 2012-18) Approved 4-3, Gene Knutson, Cathy Lehman and Seth Fleetwood opposed.

140. Prohibit the release or spread of aquatic invasive species into Lake Whatcom and Lake Padden? To release invasive species into either lake is illegal and violators may be fined up to $1,000. Anyone “aiding and abetting” a violation may be fined up to $500. The city is authorized to begin a watercraft inspection and public education program. Staff made minor changes to clarify the text of the law. AB19602 (Ordinance 2012-07-034) Approved as amended 7-0

Action Taken at July 23, 2012 Meeting

Shall the council:

141. Authorize the mayor to award the low bid of $1,114,235 to Strider Construction of Bellingham for the Northwest Avenue/McLeod Road roundabout? This will be a “multi-modal” roundabout where the intersection of Northwest and McLeod provides access to the southbound I-5 on/off ramps. Safety features for cyclists and pedestrians will include new porous concrete sidewalks, crosswalks and safety refuges, bicycle ramps, landscaping and stormwater improvements. In addition, a new section of sidewalk will be added on the north side of McLeod Road between Rusley Drive and Northwest Ave. In conjunction with the roundabout already built on the north side of I-5, this roundabout is expected to improve arterial capacity and efficiency. Federal and state grants will finance much of this project. There were 169 solicitations viewed and six bids were received. All six bids were below the city engineer’s estimated project cost of $1,555,000. (AB19638) Approved 6-1, Jack Weiss opposed.

142. Approve the mayor’s appointment of Jim Bjerke to a partial term on 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, advise 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 has served on a number of local boards and advisory committees and was a founding member of the Parking Commission. The Parking Commission and the Bicycle/Pedestrian Committee were combined and renamed the Transportation Commission. Mr. Bjerke partial term will end on 10/19/2014. (AB19643) Approved 7-0

143. Authorize the mayor to award the low bid of $157,694 to Henifin Construction of Bellingham to complete the Yew Street sidewalk? A five-foot wide, porous sidewalk, curb and gutter will be constructed on the west side of Yew Street between Texas and Alabama. It will fill a one-block sidewalk gap that leads to Roosevelt Elementary School. Curb ramps will be installed or replaced at the intersection of Yew and Alabama and at Yew and Texas. The city engineer estimated the project cost at $141,443. There were 108 solicitations viewed and two bids were received. (AB19646) Approved 7-0

144. Authorize the mayor to award the only bid of $228,616 to Tiger Construction of Everson for the Marietta Reservoir renovation? The site of the project is a 1.23 acre parcel of city owned land at 1404 Marietta Avenue. A 50-foot by 100-foot reservoir on the site is part of the city’s water storage and delivery system. This project would install 415 feet of new 16 inch water line from the tank to the water main located along Marietta Ave., and replace the 16 inch inlet/outlet on the reservoir with a 12 inch inlet and a 16 inch outlet. In addition below ground telephone and power lines will be replaced and a concrete underground vault will be built to house new waterline valves. The city engineer estimated the project cost at $209,356. (AB19647) Approved 7-0

145. Authorize the mayor to enter into a new agreement with Whatcom Council of Governments to fund the Whatcom Smart Trips program? At the 2/27/2006 meeting, vote #42, the City Council first entered into annual agreements. The annual cost to the city was $100,000. Under the terms of this new agreement the city will pay $25,000 toward planning and implementation of the program in 2012. The program helps to improve air quality by reducing the number of local vehicle trips and is open to anyone living or working in Whatcom County. Since most of the vehicular travel takes place within city limits, Bellingham benefits directly from the agreement. (AB19648) Approved 7-0

146. Appropriate $3,709,906 for goods and services checks issued from June 22 through July 12, 2012? (AB19650/19651/19652) Approved 7-0

147. Appropriate $2,619,740 for payroll checks issued from June 26 through July 10, 2012? (AB19653) Approved 7-0

148. Form a work group to assess the step necessary to implement a biennial budget? State law allows the city of Bellingham to implement a biennial budget as long as it begins during an odd numbered year and is adopted by June 30 of the prior year. Since it is too late to adopt a biennial budget for 2013, the city will have two years to plan for such a budget to begin on 1/1/2015. The work group will consist of two members of the City Council finance committee, finance director, budget manager and the mayor’s representative and will present a cost benefit analysis for council consideration before 6/30/2014. AB19635 (Resolution 2012-19) Approved 7-0

149. Appoint committees to prepare pro and con arguments for the local voters pamphlet on Proposition No. 1: the low-income housing levy? This levy would lift the ceiling on property taxes (they would go up by $0.12 per $1,000) to raise money for low income housing and add a property tax ($0.24 per $1,000) for “very low income” housing. The council voted at the 6/18/2012 meeting, vote #128, to place this issue on the general election ballot. The council is appointing Doris Kent, Tim Douglas and Greg Winter to prepare a supporting statement and Jack Petree, David Onkels and Rebecca Taylor to prepare an opposing statement for the voter’s pamphlet. AB19639 (Resolution 2012-20) Approved 7-0

150. Appoint committees to prepare pro and con arguments for the local voters pamphlet on Initiative 2012-2: the Bellingham Community Bill of Rights? Proposed by “Coal-Free Bellingham,” this initiative was first challenged by City Council (6/18/2012 meeting, vote #119) and then deferred it (7/2/2012 meeting, vote #138) to the general election ballot. The council is appointing Stonewall Jackson Bird, Rick Dubrow and David Mass to prepare a supporting statement and Bill Henshaw, Christine Palmerton and Chris Johnson to prepare an opposing statement for the voter’s pamphlet. (Editor’s Note: On Friday, August 3, Superior Court Judge Charles Snyder ruled that the initiative exceeded the scope of the city’s power preventing it from appearing on the general election ballot. Sponsors of the initiative, Coal-Free Bellingham appealed the decision.) AB19640 (Resolution 2012-21) Approved 7-0

151. Request that potential on and off-site impacts associated with the Gateway Pacific Terminal be analyzed as part of the SEPA and NEPA processes? The process of “scoping” for the Gateway Terminal’s environmental impact statement will soon begin. It will be carried out by CH2M HILL for Whatcom County, the Washington State Department of Ecology and the U.S. Army Corp of Engineers will provide consulting services to ensure compliance with State Environmental Policy Act (SEPA) and National Environmental Policy Act (NEPA). This vote requests a programmatic EIS and that the scoping include a number of potential impacts to the city and the bay, in the areas of health, environment, the local economy, quality of life, tourism, traffic and transportation from the source of the coal to its consumption. AB19618 (Resolution 2012-22) Amended and approved 7-0

152. Request that the Port of Bellingham consider proposals for use of the Granary Building before applying for a demolition permit? The port is prepared to apply for a demolition permit for this historic building in the Waterfront District. The city’s agreement with the port concerning the Waterfront calls for “adaptive reuse of historic buildings.” The Granary Building was built in 1922 by the Washington State Cooperative Egg and Poultry Association, and may be eligible for the National Register of Historic Buildings. A 2004 study commissioned by the port found the structure to be a “likely candidate for redevelopment” and in “relatively good condition,” and in 2009 a group of nine local architects who inspected the premises also found “high reuse potential.” In addition the 2010 Waterfront District EIS listed the building first in a group of historic buildings to be considered for reuse instead of demolition. The port had another study done in 2009 which indicated that the cost of restoring the structure would be prohibitive, however, local developers claim that the costs would be less than 20 percent of those projected by that study. AB19641 (Resolution 2012-23) Approved 7-0

153. Grant final plat approval for the Phase 2B of the Birch Street plat? This phase consists of 14 single-family lots, two public open spaces and a stormwater tract. The 172 single family lot development received preliminary plat approval at the 11/15/1999 meeting, vote #45. The development couldn’t proceed until a traffic signal was installed at the intersection of Birch and Lakeway. Phase 1 consisted of 36 lots, one open space/utility tract, it was approved at the 6/25/2005 meeting, vote #133; Phase 1A with seven lots was approved at the 2/25/2008 meeting, vote #43; Phase 2A with nine lots was approved at the 12/14/2009 meeting, vote #278. AB19649 (Resolution 2012-24) Approved 7-0

154. Authorize the mayor to accept a $350,000 federal grant for new pedestrian crossing signals? Numerical countdown display signal will replace walk/wait signals for pedestrians. The grant source is the Federal Highway Safety Improvement Program. AB19612 (Ordinance 2012-07-035) Approved 7-0

155. Authorize the mayor to accept a $1,461,824 federal grant for safety improvements on Alabama Street? The Federal Highway Safety Improvement Program grant will fund a feasibility study and the installation of new safety features as determined by the study, such as a center two-way left turn lane, bicycle lanes, bus pull-out zones and/or crosswalk improvements. AB19613 (Ordinance 2012-07-036) Approved 7-0