Belllingham City Council

Action Taken at July 1, 2013 Meeting

Shall the council:

133. Authorize the mayor to sign an Agreed Order with the state of Washington for R.G. Haley (amendment #2) to allow an interim action? The original agreed order was signed by the Douglas Management Company on 4/5/2004 and the amendment signed on 4/15/2005. Destined to be part of the Cornwall Beach Park, the six acre R.G. Haley site is located on the waterfront at the south end of Cornwall Avenue. From the mid-1800s to the mid-1900s the property was used by various lumber, coal and wharf operations. The port owned it from 1947-1962; in 1955 the port leased it to the R.G. Haley Corporation and in 1962 sold the uplands to the company. From 1920 until 1976, the Frank Brooks Company operated on a portion of the property. Contaminants identified at the site include pentachlorophenol (PCP), diesel-end heavy oil-range hydrocarbons, dioxins, furans, and polycyclic aromatic hydrocarbons (PAHs). Douglas Management purchased the property in 1990. At the City Council meeting on 9/14/2009, vote # 193, the council authorized the mayor to purchase the property for $1 from the Douglas Management Company. Cleanup costs were estimated at between $3 million and $9 million and the city is eligible for state grants. High levels of contaminants at the site must be cleaned up under the State Model Toxics Control Act. Bellingham signed an Agreed Order for cleanup actions with the state in 2010. At the 5/4/2012 meeting, vote #102, the city was awarded a $2,500,000 state grant to conduct a remedial investigation/feasibility study. The draft RI/FS is currently being reviewed by the state and a clean up plan will be available by the end of 2013. An interim action could take place before that time. (Discussed in Executive Session) Approved 7-0

134. Authorize the Gay Pride Flag to hang at City Hall on July 12, 13 and 14, 2013? (Old/New Business) Approved 7-0

135. Direct staff to solicit proposals for expanding Public Access Television? The city’s franchise agreement with Comcast includes one or more Public, Educational and Government Access channels. The city currently has one channel, but may begin adding channels in 2014. Under this direction, staff will issue a Request For Proposals in the fall of 2013 for organizations interested in operating a new channel that would include public access. The proposal should encourage collaboration between local organizations for programming and/or station operations. Respondents should be willing to contribute funds, resources and volunteer labor, and share equipment with BTV-10, and other local television entities. The new channel would initially operate for three years, with the option of two one-year extension. It will be reviewed at the end of the first three years. The cost of operating a new channel is expected to be $200,000 per year plus start-up funds. The city holds 1 percent of Comcast franchise fees for adding new channels or other special projects. (AB20002) Approved 5-2, Cathy Lehman and Terry Bornemann opposed.

136. Grant a noise variance to P&P Excavating for the Boulevard Park shoreline improvement project? At the 5/13/2013 meeting, vote #83, the council authorized the contract to remove concrete rubble along the shoreline and replace with a sand and gravel beach. Environmental regulations require that the work be done at low tide; the work may need to be done at night from 7/16/2013 through 10/14/2013. Construction work between 10 p.m. and 7 a.m. requires a noise variance. (AB20035) Approved 7-0

137. Authorize the mayor to award the low bid of $399,904 to Sprinturf of Atlanta, Georgia, to replace the synthetic turf at Civic Field? It is 13 years since artificial turf was installed at the field. Since 2006, Western Washington University has payed the city $180,000 for the use of the facility; that money will contribute towards the replacement and the remainder comes from Beyond Greenways. There were 72 bid solicitations viewed and four bids were received. The total estimated cost of the project is $480,000 which also includes bid document preparation, project administration and a contingency fee. (AB20037) Approved 6-1, Jack Weiss opposed.

138. Authorize the mayor to award the low bid of $94,203 to Minergy, Inc. of Ferndale for the instillation of equipment to collect and route wash water at the Lake Padden Golf Course? The equipment maintenance compound at the golf course needs to be brought up to current standards. Treatment facilities are required for wastewater and oil. Runoff into the creek needs to be contained for filtering and/or treatment. Water from washing golf carts and mowing equipment must be collected and run into the sewer system. The existing septic system at the maintenance shop will be removed and effluent will be added to the new line connecting to the sanitary sewer. There were 87 bid solicitations viewed and seven bids received. (AB20039) Approved 7-0

139. Authorize the mayor to award the only bid of $118,366 to Cetco of Hoffman Estates, IL for the purchase of Organophillic Clay? The granular absorbent clay will be used in an interim clean-up action for the intermittent oil seepage at the R.G. Haley site at the south end of Cornwall Avenue. The city engineer estimated the cost at $108,700. There were 42 bid solicitations viewed at the city website. (AB20040) Approved 7-0

140. Appropriate $2,131,657 for goods and services checks issued from June 7 through June 20, 2013? (AB20041/20042) Approved 7-0

141. Appropriate $760,245 for goods and services checks issued from June 14 through June 20, 2013? Approved 7-0

142. Impose a moratorium on the establishment of facilities producing, processing and retailing recreational marijuana? (Public hearing held on August 12) This emergency moratorium is for one year. No business licenses or permits will be issued for recreational marijuana production, processing or retailing during that time. The moratorium will allow the state Liquor Control Board to complete new regulations for licensing, and also will allow the city staff time to study land use impacts. AB20043 (Emergency Ordinance 2013-07-047) Approved 7-0

143. Adopt interim zoning for the cultivation of medical marijuana? (Public hearing held on August 12) This emergency ordinance is for one year. Medical marijuana cultivation for personal use and in collective gardens will be subject to this special zoning. The interim zoning for one year will allow staff to conduct a land use impact study, before drafting more permanent zoning regulations. AB20044 (Emergency Ordinance 2013-07-048) Approved 7-0

144. Change the staffing of the city mail services? The city’s internal mail service is being transferred from the Finance Dept. to Public Works. To facilitate this, two part-time positions will become one full-time position. On paper, a part-time position of office assistant in the Finance Dept will be eliminated and, in the Public Works Warehouse Dept., a part-time position of warehouse worker will become a full-time position, with 60 percent of the time allocated to the Finance Dept. This change will go into effect on 9/1/2013 and is not expected to affect the 2013 budget. AB20009 (Ordinance 2013-07-049) Approved 7-0

145. Spend $1,850,000 to purchase land for a regional stormwater facility? At the 5/20/2013 meeting, vote #95, the council approved the purchase of 33 acres north of town, 13 acres of which will be used to build the stormwater facility and the other 20 acres will be used for future wetland mitigation. The money will come from the stormwater fund ($350,000), the street fund ($500,000) and the LID Guaranty Fund ($1,000,000). The property lies east of I-5, north of Division Road and west of Northwest Drive. AB20010 (Ordinance 2013-07-050) Approved 7-0

146. Grant a non-exclusive telecommunications franchise to Astound Broadband? (Public hearing held) The original franchise was granted to Black Rock Cable in 1999; at the 11/21/2005 meeting, vote #250 the city amended the franchise with a new owner of Black Rock Cable, Inc, allowing them to construct and operate an open video system and offer city-wide cable service. Now Black Rock Cable has merged with WDH Black Rock, LLC which is owned by Astound Broadband, LLC, and the franchise must be transferred to the new owner. Astound will use the existing network telecommunications infrastructure installed by Black Rock and will be granted non-exclusive use of city rights of way in order to access it. AB20017 (Ordinance 2013-07-051) Approved 7-0

147. Rezone a 2.4 acre lot at 348 West Bakerview Road? Located on the north side of W. Bakerview, this lot is otherwise surrounded by development. The current zoning specifies four acres for residential, and eight acres for commercial development, so unless that is changed, the lot cannot be developed. The Planning Commission held a public hearing and work session on 4/25/2013, and approved the rezone. In order for the city to grant the rezone, the lot must become a new separate sub-area of the Cordata Neighborhood. AB20019 (Ordinance 2013-07-052) Approved 7-0

148. Repeal the ordinance making theft of cable services a misdemeanor? There are currently two laws in the Bellingham Municipal Code prohibiting the theft of cable television services, each with its own set of penalties. One law makes cable theft a misdemeanor and the other makes it a gross misdemeanor. This ordinance will repeal the misdemeanor law and retain the gross misdemeanor ordinance. AB20023 (Ordinance 2013-07-053) Approved 7-0

Action Taken at July 15, 2013 Meeting

Shall the council:

149. Spend $288,200 to purchase a 1.04 acre parcel of property on Marine Drive? The Neher Property is located at the northwest corner of Marine Drive and Locust Avenue. The city will use the property to provide public parking and trailhead amenities for the city’s Whirlwind Beach Properties. (Discussed in Executive Session) Approved 7-0

150. Establish a 2013-14 docket of proposed amendments to the Comprehensive Plan? (Public hearing held.) Being placed on the docket assures that a project will eventually be reviewed by the city, although not necessarily during the same year it is docketed. Four amendments are proposed for neighborhood plans and a city-wide update to the Parks, Recreation and Open Space Plan is proposed.* AB20045 (Resolution 2013-10) Approved 7-0

151. Authorize the mayor to award the low bid of $408,037 to Faber Construction of Lynden for the Bill McDonald Parkway sidewalk project? Porous concrete sidewalk and minor walls will be installed on the north side of Bill McDonald Parkway from Ferry Avenue to 35th Street. Existing pedestrian facilities will also be upgraded. There were 110 bid solicitations viewed and two bids were received. (AB20051) Approved 7-0

152. Authorize the mayor to reappoint Scot Barg and Anne-Marie Faiola to the Bellingham Public Development Authority? The development authority was created at the 5/5/2008 meeting, vote #136, to manage city property development in the waterfront, Old Town and central business districts. This will be Mr. Barg’s third term and Ms. Faiola’s second term, both terms end on 7/31/2016. (AB20056) Approved 7-0

153. Appropriate $4,298,942 for goods and services checks issued from June 21 through July 4, 2013? (AB20059/20060) Approved 7-0

154. Appropriate $5,372,073 for payroll checks issued from June 11 through July 10, 2013? (AB20061/AB20062) Approved 7-0

155. Approve the Pacific Highway/Aldrich Road annexation? (Public hearing held at the May 13 meeting) The area consists of approximately 262.5 acres and is located within the city’s Northern Urban Growth Area. It lies within the Silver Creek watershed, adjacent to and east of I-5; adjacent to the northern boundary of the city limits. It is bordered on the east by Aldrich Road and on the north by Stuart Road (between I-5 and Northwest Road) and by Larrabee Rd (between Northwest and Aldrich roads). The propertiy owners within the area submitted a petitioned on 11/29/2007. At the 1/18/2008 meeting, vote #21, the council voted to initiate annexation. The Whatcom County Boundary Review Board found proposal to be in compliance with state law, in 2009 the city scheduled it for annexation. The city is buying 13 acres of land within this area to use for a regional stormwater facility and wetland mitigation. Before any development can occur, the city also will have to upgrade the water main on Northwest Road to meet current fire safety requirements. AB19957 (Ordinance 2013-07-054) Approved 6-1. Jack Weiss opposed.

156. Approve a full-time position in the Public Works Dept? The temporary position of surface/storm water utility engineering technician will become a permanent position. Otherwise the job would end on 7/17/2013 while there is still an ongoing need for someone to provide services under the Lake Whatcom Homeowner Incentive Program (see the 6/17/2013 meeting, vote #117) to reduce runoff and pollution entering the Lake. A state grant funds 75 percent of the Homeowner Incentive Program. Further information about the Lake Whatcom Homeowner Incentive Program is available at www.cob.org. AB20031 (Ordinance 2013-07-055) Approved 7-0

157. Appropriate $180,000 for artificial turf at Civic Field? The turf, installed in 2000, is worn out and needs to be replaced. Since 2006, Western Washington University has payed the city $180,000 for the use of the facility. The total estimated cost of the project is $480,000. (see the 7/1/2013 meeting vote #137) The remainder of the money will come from Beyond Greenways. AB20036 (Ordinance 2013-07-056) Approved 7-0

158. Allot $30,000 from the Golf Course Fund for maintenance? The fund pays for repairs and maintenance at the Lake Padden Golf Course. The equipment washing facilities at the golf course is being updated (see the 7/1/2013 meeting vote #138) in order to meet current stormwater requirements. Also there were carry over costs from improvements made in 2012. In order to cover the additional expenses, the golf course budget needs to be increased by $30,000. AB20038 (Ordinance 2013-07-057) Approved 7-0