Bellingham City Council

Compiled by Boris Schleinkofer

Action Taken at March 13, 2017 Meeting
Shall the council:

40. Authorize the mayor to sign a $40,444 settlement agreement for water damage? On Jan. 16, 2017, a water main broke resulting in extensive water damage to the home at 1301 Portal Drive. Water and mud ran into the crawlspace and basement of the house. Damaging or destroying the furnace, carpets, bathroom tile, drywall and insulation, paneling and wood trim. An exterior deck was also damaged. The homeowner claimed damages of $41,645. (Discussed in Executive Session) Approved 7-0

41. Authorize the mayor to engage outside legal service to assist the city attorney’s office in the case of Haskell Corporation v. City of Bellingham? The following came from Haskell’s claim for damages. In 2005, the city of Bellingham and the Haskell Corporation entered into a easement for a trail on the Haskell Corporation property. The easement allowed for the construction of a biofiltration and stormwater facility by Haskell. In 2008, in violation of the easement the city designated the area a wetland. The designation prohibited the construction a stormwater treatment facility and the Haskell Corporation considers it an improper taking. The damages are estimated to be approximately $1,500,000. (Discussed in Executive Session) Approved 7-0

42. Remove on-street parking from one side of Woburn Street? (Public hearing held on 2/27.) The 2014 Bicycle Master Plan (approved at the 10/13/2014 meeting, vote #207) recommended removing on-street parking from one side of Woburn Street from Alabama Street south to Iowa Street, for the purpose of installing bike lanes on both sides of the street. The Public Works Department conducted a parking survey twice a day, three times a week between November 7 and December 7, 2016 and documented extremely low parking utilization rates on the west side of the street. A public notice was mailed to all properties abutting the street. (AB21517) Approved 6-1, April Barker opposed.

43. Authorize the mayor and library director to sign an agreement with the Whatcom County Rural Library District for the mutual use of borrowing privileges and services? The city library will extend all its usual borrowing privileges and access to reference and information services to the patrons of the county library, and the county library will likewise extend these same privileges to patrons of the city library. In the past, county residents used city library materials more often than city residents used the county material so the county library reimbursed the city for the difference. Currently, material borrowing is equal so there is no reimbursement. The agreement runs from 1/1/2017 to 12/31/2017. (AB21534) Approved 7-0

44. Set April 12, 2017 at 6:00 p.m. for a public hearing before the Bellingham Hearing Examiner for consideration of a street vacation petition? A petitioner proposes the city vacate the right-of-way on the southerly 20 feet of Cody Avenue between 20th and 22nd streets abutting Lot A of the Arps-Hoyer lot line adjustment in the Happy Valley neighborhood, in order to legalize existing development. AB21543 (Resolution 2017-11) Approved 7-0

45. Set April 12, 2017 at 6:00 p.m. for a public hearing before the Bellingham Hearing Examiner for consideration of a street vacation petition? A petitioner proposes the city vacate a southerly portion of McKenzie Avenue between 8th and 9th streets in the Fairhaven neighborhood in order to facilitate future redevelopment opportunities and street improvements abutting the Bellingham Tennis Club property. AB21544 (Resolution 2017-12) Approved 7-0

46. Authorize the mayor to award the only bid of $53,573 to Rogers Machinery Company of Seattle for the Post Point treatment plant air compressor system? The air compressor supplies operational use air for the entire plant. The project involves an air compressor, start-up and training on the operation. (AB21545) Approved 7-0

47. Authorize the mayor to sign an agreement with Whatcom County for the aquatic invasive species boat inspection program? The city manages the boat inspection program on behalf of the Lake Whatcom Management Program. Whatcom County will provide $123,000 per year in 2017 and 2018. Total program costs for 2017 are anticipated to be approximately $500,000; net cost to the city will be approximately $177,000. Clare Fogelsong and Gary Stoyka will be responsible for administrating the agreement. (AB21546) Approved 7-0

48. Authorize the mayor to sign an agreement with Lake Whatcom Water and Sewer District for the aquatic invasive species boat inspection program? The Lake Whatcom Water and Sewer District will provide $50,000 per year in 2017 and 2018. (AB21547) Approved 7-0

49. Appropriate $3,066,203 for payroll checks issued from February 11 through February 24, 2017? (AB21548) Approved 7-0

50. Appropriate $2,756,653 for goods and services checks issued from February 18 through March 3, 2017? (AB21549/21550) Approved 7-0

Action Taken at March 27, 2017 Meeting
Shall the council:

51. Spend $68,264 to purchase a one-acre parcel in the Samish Neighborhood? The property is located north of Wildwood Drive and a city-owned stormwater detention facility; it has an assessed value of $72,750. The city will use the property for a public trail. It will be purchased using park impact fees. (Discussed in Executive Session) Approved 7-0

52. Authorize the mayor to sign an agreement with Whatcom County for design of the West Horton Road extension? Due to growth and development in the northern area of Bellingham, the city and county will extend West Horton Road from its current terminus westward ending at Northwest Drive, and to create a consistent corridor that will provide sidewalks and bicycle lanes while at the same time attempting to minimize the road prism footprint, environmental impacts and off-site mitigation. The project is broken into two phases: Phase 1 of this extension is located within Bellingham city limits (from its current terminus to Aldrich Road) and Phase 2 is located within unincorporated Whatcom County (from Aldrich Road to Northwest Drive). The county has secured a pledge of $1,000,000 in grant funding from the Federal Highway Administration and will transfer the money to the city. The city will be the lead in administration of the consultant agreement for design. (AB21553) Approved 7-0

53. Grant a noise variance to Artison Pacific for the Holly Street asphalt overlay project? Construction work in residentially zoned areas between 10 p.m. and 7 a.m. requires a noise variance. The low bid for the project was approved at the 1/9/2017 meeting, vote #11, it will include utility connections and paving. This night work will help limit day-time traffic impacts and disruption to businesses. Utility connection work is expected to occur in late March and early April while paving activities will be in early June. (AB21554) Approved 7-0

54. Approve leases for five city tenants at 801 and 807 Roeder Avenue? The port previously managed the property for the city, but management has reverted to the city. They are 14-month leases, commencing April 1. The proposed rate for all five units combined is $592 per month, plus leasehold excise tax, apportioned among the five units. The proposed rate is consistent with what the city received for the property in 2016, commensurate with 2016 lease revenue of approximately $7,100. The proposed rate reflects the short duration of the lease and the need for continued access by the city and the Light House Mission, who are considering developing the property as a homeless shelter. (AB21564) Approved 7-0

55. Approve the mayor’s appointment of Iris Maute-Gibson to the Planning and Development Commission? A Bellingham resident for the past 21 years, she is currently the development coordinator at the Whatcom Dispute Resolution Center. She was appointed to the Lake Whatcom Watershed Advisory Board at the 4/21/2014 meeting, vote #70, the term expires on 4/21/2017. Her term on the Planning and Development Commission expires on 4/1/2021, at which time she may be reappointeed. (AB21567) Approved 7-0

56. Appropriate $3,097,776 for payroll checks issued from February 25 through March 10, 2017? (AB21569) Approved 7-0

57. Appropriate $4,050,380 for goods and services checks issued from March 4 through March 17, 2017? (AB21570/21571) Approved 7-0

58. Approve emergency repairs for a gas leak at the Post Point treatment plant? City staff discovered a leak in a city-owned four-inch natural gas main that feeds the sludge incinerators at the Post Point plant, presenting the potential for a catastrophic failure of the line, a health risk to staff and further shut down of operations at the treatment plant. Staff awarded an emergency contract to Andgar Corporation to install a replacement main at an estimated cost of $78,000. The city municipal code authorizes emergency contracts, provided that City Council passes a resolution declaring that an emergency existed within two weeks after contract was award. AB21555 (Resolution 2017-13) Approved 7-0

59. Limit McKenzie Avenue between 8th and 9th streets in Fairhaven to one-way westbound traffic? At the 1/11/2016 meeting, vote #6, the council voted to change 8th Street between McKenzie and Harris from closed to vehicular traffic to one-way northbound for the construction of two mixed use buildings called the “Fairhaven Harbor Project.” One-way westbound traffic will facilitate street improvements and sidewalk construction and provide redevelopment options along the south side of McKenzie, while preserving wildlife habitats, maximum available parking space and accommodation for emergency vehicles. AB21533 (Resolution 2017-14) Approved 6-1, Michael Lilliquist opposed.

60. Reallocate federal funds in the 2016 action plan of the 2013-2017 consolidated plan? The 2016 action plan (approved at the 5/2/2016 meeting, vote #71) guides the allocation of federal funds received by the city for use in meeting the needs of low- and moderate-income residents of Bellingham. The action plan amendment adjusts federal Community Development Block Grant and HOME Investment Partnership Program funding ($397,547 increase), and housing levy funds ($222,979 decrease); city general funds ($485,760) remain the same. The amendment reflects increased federal resources, decreased levy resources and changed activities. AB21558 (Resolution 2017-15) Approved 7-0

61. Authorize a second Public/Education/Government (PEG) TV channel in high definition for Comcast subscribers through 12/31/2018? Bellingham’s 10-year franchise agreement (approved at the 10/24/2011 meeting, vote #221) with Comcast cable provides for up to three PEG access television channels. Thus far, only one eligible channel is in use, which is Bellingham TV. It is shown on channel 10 in standard definition to Comcast subscribers; a new channel will be introduced, in high definition. As of November 2015, 59 percent of Comcast subscribers were receiving programming in high definition. AB21559 (Resolution 2017-16) Approved 7-0

62. Adopt low impact development as the standard stormwater management approach for site development? (Public hearing held at 3/13 meeting.) The 2013-2018 National Pollution Discharge Elimination System Phase II municipal stormwater permit requires the city to incorporate low impact development principles and best management practices. The low impact principles include: (1) minimizing impervious surfaces; (2) minimizing stormwater runoff; and (3) minimizing native vegetation loss. The council adopted the current stormwater ordinance at the 5/1/2006 meeting, vote #112. AB21518 (Ordinance 2017-03-009) Approved 7-0