Belllingham City Council

Action Taken at June 3, 2013 Meeting

Shall the council:

107. Authorize the mayor to award the only bid of $258,475 to S&S Concrete Construction of Bellingham for concrete repairs? The contract covers repairs to sidewalks, roads and structures, and removal and replacement of concrete as needed to maintain the city infrastructure. There were 60 bid solicitations viewed and one bid was received. (AB19992) Approved 7-0

108. Accept the Lake Whatcom Watershed Advisory Board’s revised criteria for acquiring property around Lake Whatcom? The board conducted a six-month review of criteria used to evaluate properties in the watershed for possible city purchase. In the past, properties have been evaluated on the basis of: proximity to the lake and to other city properties; slopes and other physical/environmental features; current and potential land use; zoning, and management requirements. The board recommends adding soil weight/composition to that list, and taking phosphorus reduction into account in each area. It also recommends a computer model for use in evaluating the criteria. (AB19998) Approved 7-0

109. Request that the mayor support funding in 2014 budget for an independent health impact assessment related to the Gateway Pacific Terminal? The city of Bellingham has the opportunity to contribute to a jointly funded study of the health impacts that could be caused by Gateway Pacific and the other proposed coal terminals in Washington and Oregon, together with the cumulative health impacts along the rail lines from Powder River Basin to Puget Sound. The health assessment will be conducted by experts from the University of Washington, Washington State University and the Oregon Public Health institute; it will cost $310,000. The cities of Seattle, Edmonds, Spokane, Marysville and Sumner and the counties of King and Multnomah have collectively contributed $85,000. The PEW Charitable Trust has pledged $150,000 toward the project. Health impact assessments are commonly used to supplement environmental impact statements on large projects. A group of over 200 Whatcom and Skagit physicians have petitioned the city to help fund this assessment. The council is proposing that the mayor consider including a contribution of from $20,000 to $25,000 in the 2014 draft budget. (AB20003) Approved 7-0

110. Appropriate $2,979,345 for goods and services checks issued from May 10 through May 23, 2013? (AB20006/20007) Approved 7-0

111. Appropriate $2,654,965 for payroll checks issued from May 11, 2013 through May 24, 2013? (AB20008) Approved 7-0

112. Adopt the annual six-year (2014-2019) transportation improvement program? (Public hearing held at May 20 meeting) State law requires cities to update their 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 defeated two amendments* to the program. AB19982 (Resolution 2013-07) Approved 5-2, Stan Snapp and Jack Weiss opposed.

113. Transfer $52,020 into the Government Debt Service Fund in order to make the first payment on the West Bakerview overpass loan? At the 2/13/2012 meeting, vote #15, the City Council voted to accept a $650,000 grant/loan from the Whatcom County Economic Development Investment Board to help fund the West Bakerview overpass improvements project.The project will add an additional westbound lane, a drop right turn lane northbound onto I-5, a sidewalk on the north side of the bridge, and modification to traffic signals to provide dual left turn lanes. The county retains ownership of the roads and will be responsible for operating and maintaining them. The grant was for $300,000 and the loan was for $350,000. The loan period is seven years with 1 percent interest. This is the first loan payment. AB19984 (Ordinance 2013-05-038) Approved 7-0

114. Amend the city building codes? The city of Bellingham must amend the 2012 state building codes by 7/1/2013. These codes are adopted by reference in the Bellingham Municipal Code, so in order to adopt the newest state building codes it is necessary to update the references. The following references have to be updated from 2009 to 2012: the international building code, international residential code, international mechanical code, international fuel gas code, international property maintenance code, international existing buildings code, national fuel gas code, liquefied petroleum gas code, uniform plumbing code and Washington cities electrical code. The Liquified Petroleum Gas Code will be updated from 2004 to 2011 and references to the 2012 International Energy Conservation and Plumbing Codes will be added. In addition to the references, the Construction Administrative Code chapters of the city code will be updated. AB19987 (Ordinance 2013-05-039) Approved 7-0

115. Adopt the 2012 version of the International Fire Code as amended by the state of Washington? The new fire code will be adopted by reference and all related parts of the Bellingham Municipal Code will be adapted and updated in order to comply with it. AB19988 (Ordinance 2013-05-040) Approved 7-0

1. Remove the Commercial Green Loop from Project #1? Project #1 is the annual pavement resurfacing. This project will require an annual sales tax increase of 3 percent. The Commercial Green Loop project is not yet included in an approved master plan. Failed 2-5, Terry Bornemann, Gene Knutson, Cathy Lehman, Michael Lilliquist and Stan Snapp opposed.

2. Remove the Orchard Drive extension? The extension is a component of Project #16 (Orchard Drive Multimodal Arterial and Bay to Baker trail connection beneath I-5, from Birchwood/Squalicum to James Street. This project’s estimated cost is $9,550,000. Failed 1-6, Terry Bornemann, Seth Fleetwood, Gene Knutson, Cathy Lehman, Michael Lilliquist and Stan Snapp opposed.

Action Taken at June 17, 2013 Meeting

Shall the council:

116. Request that the mayor allocate resources in the 2014 budget to develop a program to enforce health and safety standards for rental properties in Bellingham? The goal of the program is to ensure that all rental housing in the city meets minimum life safety and fire safety standards. The following options should be considered: focus enforcement on critical health and safety measures; ensure long-term enforcement; provide tenant and property owner education concerning rights, responsibilities and compliance issues; prevent landlord retaliation to complaining tenants; create a comprehensive up-to-date database of rental properties; consider a self-certification option as part of any inspection program and keep fees as low as possible. (AB19827) Approved 6-0, Seth Fleetwood excused.

117. Authorize the mayor to sign an agreement with Whatcom County for the Lake Whatcom homeowner incentive program? In Nov of 2008, the state issued a Total Maximum Daily Load study requiring the city and county to develop a way to reduce the phosphorus run-off into the lake from the Silver Creek sub-basin. At the 3/28/2011 meeting, vote #55, the city received a state grant of $500,000, intended to fund projects within both the city and the county portions of the sub-basin area. Homeowners in the watershed are eligible to apply for $1,000 to $6,000 for projects such as rain gardens; porous asphalt, concrete or paving stones; bioretention planter boxes; infiltration trenches; native plantings and lawn removal. The county will perform the work on the projects within county jurisdiction and the city will administer the grant funding. Participants in the program will be reimbursed 100 percent of their project costs. The city and the county will provide $166,666 in funding for a total of $666,666. This agreement expires on 12/31/2014. (AB20012) Approved 6-0, Seth Fleetwood excused.

118. Authorize the mayor to sign a letter of intent with the Bellingham Public Development Authority? The development authority is planning on redeveloping the city-owned property at the corner of West Holly and Army Street in Old Town. The letter of intent is a non-binding agreement between the city, the authority and adjacent property owners to form a coalition to research and consider possible collaborative redevelopment plans for the area. Other property owners are George Dyson; Waterfront Alley; Trillium Corporation; Wright Angle; Donna MacDonald Trust and Thornberg Trust. Following the execution of the letter the development authority will draft a non-binding memorandum of agreement to define the roles of the participants and address the planning process more specifically. The draft memorandum will be subject to the approval of all letter signers. (AB19883) Approved 6-0, Seth Fleetwood excused.

119. Withdraw approval of the resolution adopting the annual six-year (2014-2019) transportation improvement program? At the 6/3/2013 meeting, vote #112, the council approved Resolution 2013-07, the 2014–2019 transportation improvement program. The program provides a list of capital improvement projects and establishes the city’s eligibility for state and federal funds. Approval is being withdrawn so a project can be added to the list. See the following vote for the added project. (Old/New Business) Approved 4-2, Cathy Lehman and Terry Bornemann opposed, Seth Fleetwood excused.

120. Add Project #22 to the the annual six-year (2014-2019) transportation improvement program? Project #22 is a non-motorized improvement on Northshore Drive from Britton Road to the city limits. Old/New Business (Resolution 2012-08) Approved 4-2, Cathy Lehman and Terry Bornemann opposed, Seth Fleetwood excused.

121. Authorize the mayor’s reappointment of Charles Matthews to the Greenway Advisory Committee? This committee provides recommendations to City Council and the Parks and Recreation Department about Greenway levy expenditures, park land acquisitions and parks/trails/open space development projects. Mr. Matthews was appointed to a partial term at the 3/15/2010 meeting, vote #53, and to his first full term at the 7/12/2010 meeting, vote #140. His second term will expire on 7/31/2016. (AB20020 ) Approved 6-0, Seth Fleetwood excused.

122. Create a clearly defined period for written comments following a public hearing on pending legislative matters? The written record will remain open until the council makes a final decision on the matter. If necessary, council may vote to close the written record earlier at any open full council meeting. The cut-off time will apply on all issues unless it conflicts with state or local law. AB20022 (Resolution 2013-09) Approved 6-0, Seth Fleetwood excused.

123. Authorize the mayor to award the low bid of $196,297 to Minergy Inc. of Ferndale to improve the Intersection of State and Maple streets? Improvements will be made to pedestrian crossings and will include bulb-outs, crosswalks, better signage and signals, drainage and landscaping at the intersection of State and Maple streets in downtown Bellingham. The engineer’s estimated cost was $225,485. There were 81 bid solicitations viewed and three bids were received. (AB20024) Approved 6-0, Seth Fleetwood excused.

124. Enter into a purchasing agreement with the Washington State Department of Enterprises Services? This agreement will allow the city to use state contracts to purchase supplies, materials and equipment. The purchasing contracts cover many items from vehicles and heavy equipment to computer software. (AB20025) Approved 6-0, Seth Fleetwood excused.

125. Appropriate $4,898,271 for goods and services checks issued from May 24 through June 6, 2013? (AB20026/20027) Approved 6-0, Seth Fleetwood excused.

126. Appropriate $2,789,770.33 for payroll checks issued from May 25 through June 10, 2013? (AB20028) Approved 6-0, Seth Fleetwood excused.

127. Update the Whatcom Falls Neighborhood Plan and rezone Area 1? (Public hearing held at 2/25 meeting) This is the first update to this plan since it was adopted in 1980. In addition to updating the information in the plan, Area 1 at the northwest corner of Whatcom Falls Park will be rezoned from Residential/Multi to Public/Open Space/Parks. This property was acquired by the city in 2004 as part of a settlement agreement with Olympic Pipeline Company, following the Olympic pipeline explosion and fire. The agreement called for the area’s preservation as a fish and wildlife habitat and earmarked it for open space and passive recreational use. The city has been monitoring the burned area and the Whatcom Creek stream corridor ever since performing post-fire efforts to cleanup and restore it. The revised neighborhood plan is available on the city’s website at www.cob.org. AB19859 (Ordinance 2013-06-041) Approved 6-0, Seth Fleetwood excused.

128. Add a chapter on Economic Development to the Bellingham Comprehensive Plan? (Public hearing held on April 8) The state Growth Management Act requires that local comprehensive plans include an Economic Development chapter. In January of this year, the city staff called on local business leaders, economists and educators for help in writing this new chapter, which was then reviewed by the Planning Commission and a State Environmental Policy Act official. The Planning Commission held a public hearing and accepted comments on the chapter in February. The council amended this ordinance at first and second readings to include sub-area plans and Barkley Village. AB19918 (Ordinance 2013-06-042) Approved 6-0, Seth Fleetwood excused.

129. Prohibit the possession and use of all consumer fireworks within the city limits? (Public hearing held) The current city law restricts the discharge of consumer fireworks to July 4, December 31 and January 1. This new ordinance will make “consumer fireworks” illegal to manufacture, import, possess, sell, transport or make a public display of without a license. Anyone wishing to acquire a license must apply to the fire chief at least 10 days in advance of the public display. Applicants must meet the minimum requirements set forth in the state fireworks law. Usage and location must meet safety criteria. No permits will be issued within the Lake Whatcom watershed. Violators will be fined from $250 up to $1,000. All illegal fireworks are subject to seizure by the city. This ordinance will take effect on 6/18/2014. The cost of enforcement is expected to be at least $7,600 on 7/4/14. AB19986 (Ordinance 2013-06-043) Approved 4-2, Terry Bornemann and Michael Lilliquist opposed, Seth Fleetwood excused.

130. Establish new rules for naming streets and numbering addresses? There are many errors in Bellingham addresses, where houses are numbered out of order or the numbers are inconsistent with the block, the street or the neighborhood. Such errors cause delays in emergency services response times. Also duplicate street names in different parts of the city or county can confuse the 911 dispatch system. The new law creates a standardized system of street naming and addressing and gives the fire chief authority to approve new street names, assign new addresses and change incorrect addresses. AB19993 (Ordinance 2013-06-044) Approved 6-0. Seth Fleetwood excused.

131. Change a non-benefited part time job in the Information Technology Department to a benefited part-time position with increased hours? Increasing the BTV10 employee hours will provide adequate staffing to cover the televising of expanded council committee meetings and to increase BTV10 programming. This change will increase the labor costs of the department by $14,651 in 2013; there will also be $13,000 less spent for professional services, so the impact to the budget will only be $1,651. The estimated labor costs in 2014 is $25,273. AB20000 (Ordinance 2013-06-045) Approved 6-0, Seth Fleetwood excused.

132. Authorize the spending of $30,000 from the library gift fund for library materials, supplies and services? The library wants to acquire books; furniture, equipment and supplies for the early learning space, and for strategic planning expenses. The money in the library gift fund comes from donations made by individuals and organizations including Friends of Bellingham Public Library. AB20005 (Ordinance 2013-06-046) Approved 6-0, Seth Fleetwood excused.