Bellingham City Council

Shall the council:

196. Authorize the mayor to sign a contract with Buck and Gordon of Seattle to retain Adam Gravelly as outside legal council? Mr. Gravelly has recently moved to Buck and Gordon. For the city to continue using his expertise on Water Resource Inventory Area 1 (WRIA 1) legal issues, the city must sign a contract with his new employer. The city charter requires council approval before outside counsel can be hired. (AB16212) Approved 7-0

197. Award the low bid of $294,088 to Ebenal General of Bellingham for a seismic upgrade of City Hall? A study recommended upgrading the three main entrances so they will be clear of broken glass and falling debris in a major earthquake. Seventy-three bids were solicited and three were received. (AB16213) Approved 7-0

198. Award two sole bids totaling $70,751 for 12 types of valves and fittings used in the city water system? Ferguson of Bellingham was the sole bidder for eight types at $47,879 and National Waterworks of Waco, TX, the sole bidder for four types at $12,872. This is the annual bid for valves and fittings used in routine installation and repair of the water system. Nineteen bids were solicited and only Ferguson and National sent bids. (AB16214) Approved 7-0

199. Award the low bid of $83,040 to Braun Northwest of Chehalis for an ambulance body remounting? The ambulance chassis has 167,580 miles and the remounting is 20 percent less than buying a new vehicle. Twelve bids were solicited and two were received. (AB16216) Approved 6-0, Grant Deger was absent during the vote.

200. Appropriate $2,385,810 for city payroll checks issued from August 16 through August 31, 2004? (AB16218) Approved 6-0, Grant Deger was absent during the vote.

201. Appropriate $1,500,912 for goods and services checks issued from September 3 through September 10, 2004? (AB16219) Approved 6-0, Grant Deger was absent during the vote.

202. Disburse $150,000 from the claims and litigation fund to pay for sewer backup damages? The money will pay for the damages to a residence on Butice Street in the Edgemoor area that was flooded by sewerage. The sewer backup occurred when a pump station was flushing pipes in the area. AB16200 (Ordinance 2004-09-62) Approved 7-0

Shall the council:

203. Amend the Edgemoor neighborhood plan? Change zoning at Post Point from five attached cluster dwellings to eight detached cluster dwellings. At least 15 percent of the area will be required to be set aside as open space to protect the heron colony located next to the water treatment plant. (AB16220) Approved 7-0

204. Authorize the mayor to award the low bid of $129,699 to the Cues Corporation of Orlando, FL, for a stormwater inspection van and equipment? This equipment will allow a television camera to inspect stormwater pipes for repair or replacement. Thirteen bids were solicited and three were received. (AB16222) Approved 7-0

205. Vacate a portion of Waldron Road in the Cordata Business Park? The council voted to relinquish public ownership of the western 230 feet of Waldron Road and 10 feet on each side of the road. At the 9/8/03 meeting, vote 149, the council decided that Waldron Road was no longer needed to connect Meridian with Aldrich Road. The Bellingham Hearing Examiner held a public hearing on December 17, 2003 and made eight recommendations on the vacation to the council. (AB16225) Approved 5-2, Bob Ryan and John Watts opposed.

206. Amend the Bellingham Municipal Code on utility service outside the city limits? The amendment to chapter 15.36 clarifies the intent and manner by which water and sewer lines may be extended into the Urban Growth Area. AB16097 (Ordinance 2004-09-63) Approved 7-0

207. Establish a new chapter in the Bellingham Municipal Code on environmental enforcement? This new chapter 16.20, adopts and implements new State Environmental Policy Act (SEPA) rules and reflects current procedures the city uses to administer SEPA regulations. AB16197 (Ordinance 2004-09-64) Approved 7-0

208. Establish a new chapter in the Bellingham Municipal Code that consolidates all land use decisions? This new chapter 21.01, establishes procedures in seven permit categories: Shoreline Master Program, wetland and stream regulations, clearing, grading, landmark preservation, subdivisions and land use development. AB16198 (Ordinance 2004-09-65) Approved 7-0

209. Appropriate $50,000 for Dorothy Place, a women and children’s domestic violence shelter? This is a one-time expenditure for transitional housing and support services for the shelter operated by the Opportunity Council. AB16209 (Ordinance 2004-09-66) Approved 7-0

210. Appropriate $255,000 to improve the audio and video systems in the City Council Chambers and Municipal Courtroom No.1? These projects to upgrade the aging audio and video systems are scheduled to be finished by April of 2005. AB16210 (Ordinance 2004-09-67) Approved 7-0

211. Accept a $4,300 state grant to pay overtime for traffic enforcement? The Washington Traffic Safety Commission grant pays for safety belt emphasis patrols and teen driver safety patrols and requires officers to write three traffic citations per hour. AB16211 (Ordinance 2004-09-68) Approved 6-1, Terry Bornemann opposed.

Shall the council:

212. Amend Ordinance 2004-09-061 (9/13/04 meeting, vote 195) placing a property tax levy on the November 2 ballot? The original language funding Bellingham Medic One did not have a six-year sunset clause and applied the levy rate to the general fund, not just medic one. This ordinance will correct the language, making it clear a passing vote will create a six-year levy at a rate of $0.35 per thousand and it will only apply to Bellingham Medic One. AB16228 (Ordinance 2004-10-69) Approved 6-0, Bob Ryan absent

Shall the council:

213. Authorize the mayor to award the low bid of $147,518 to Henifin Construction of Bellingham for a water treatment project? The project will construct a 70-foot x 12-foot vault and piping system to treat runoff from the Central Business District. The project will be constructed in the Army Street right-of-way, which starts at Chestnut Street and ends at the south side Holly Street where Champion Street intersects with the north side of Holly. Fifty-six bids were solicited and six were received. (AB16230) Approved 7-0

214. Make a final decision to deny an appeal for a sewer line assessment? Mark and Virginia Herrick appealed their assessment for construction of a sewer line in the 2900 block of Fielding Avenue? The City Council held a closed hearing on the matter; see the September 13, 2004 meeting, vote 190. At that meeting, the council adopted the Bellingham Hearing Examiner’s recommendations to deny the appeal. AB16237 (Resolution 2004-30) Approved 7-0

215. Establish a fee schedule for utility service extensions outside the city limits? At the 9/27/04 meeting, vote 204, the council passed an amendment to the Bellingham Municipal Code to clarify the intent and manner by which water and sewer lines may be extended into the Urban Growth Area. The 9/27/04 amendment requires establishing this fee schedule. AB16238 (Resolution 2004-31) Approved 7-0

216. Appropriate $2,212,401 for city payroll checks issued from September 1 through September 15, 2004? (AB16243) Approved 7-0

217. Appropriate $3,826,930 for goods and services checks issued from September 10 through October 1, 2004? (AB16244/16245/16246) Approved 7-0

218. Appropriate $60,000 for a seismic and geotechnical study of the Bellingham Public Library? This study will determine the cost of bringing the building up to earthquake code and adding an addition to the north side of the building. It will investigate the subsurface soil conditions under the proposed addition and recommend a foundation. AB16221 (Ordinance 2004-10-70) Approved 7-0

219. Amend the Bellingham Municipal Code on water and sewer rates? The amendments will set the water and sewer rates based on costs to provide the service. Water rates for single-family homes will increase in 2007 and sewer rates will be increased in 2010. Water bills can be reduced, starting in 2005 with the voluntary instillation of meters. The new rate plan will become effective January 1, 2005. AB16224 (Ordinance 2004-10-71) Approved 7-0

Shall the council:

220. Grant a preliminary plat extension for Bristol Heights in the Mt. Baker Neighborhood? The development is 20 single-family lots and nine multi family units. The preliminary plat was passed on 4/7/97, and two extensions granted on 3/18/02, vote 37, and 10/13/03, vote 156. The extensions were due to problems with wetlands and traffic; the north end of the development is across McLeod Road from the Whatcom County Mental Health Facility and Squalicum High School. The problems have been solved and the developer is ready to proceed with construction. (AB16249) Approved 7-0

221. Grant a preliminary plat amendment and extension for Village on the Green in the Mt. Baker Neighborhood? The extension will allow the owner to deal with the site’s topography and environmental concerns, while keeping in character with the neighborhood, and total units will be reduced from 114 to 88. (AB16250) Approved 4-3, Louise Bjornson, Terry Bornemann and Barbara Ryan opposed.

222. Appropriate $2,524,452 for city payroll checks issued from September 16 through September 30, 2004? (AB16254) Approved 7-0

223. Appropriate $1,013,841 for goods and services checks issued from October 1 through October 8, 2004? (AB16255) Approved 7-0

224. Repeal the Bellingham Municipal Code for purchasing office supplies and similar materials from Central Stores? The Central Stores, which operated out of the basement of City Hall, closed in the mid-90s so the code is no longer needed. AB16231 (Ordinance 2004-10-72) Approved 7-0

225. Change the name of the Building Services Division Advisory Committee? The name will be changed to the Permit Center Advisory Committee, the powers and duties of the committee will be modified and wording will show that jurisdiction for the Building Services Division has been moved from the Fire Department to Planning and Community Development. AB16233 (Ordinance 2004-10-73) Approved 7-0

226. Modify the Bellingham Municipal Code as it relates to parking permits? The owner or manager of dwelling units not located in a residential parking zone may issue no more than two residential parking permits and two annual visitor’s permits per dwelling unit. AB16234 (Ordinance 2004-10-74) Approved 7-0

Shall the council:

227. Shall the city join with Whatcom County to purchase 34 acres of land in the Lake Whatcom Watershed? The total cost to the city will be $370,000. The city and county (10/26/04 meeting, vote 170, page 14) will split the $700,000 cost equally and the city will pay the Whatcom Land Trust an additional $20,000 to close the sale and manage the property. The property will be used primarily for habitat preservation and passive recreational use. Approved 7-0

228. Authorize the mayor to sign the Natural Resources Damage Consent Degree that will be used in the Olympic Pipeline bankruptcy proceedings? The city is petitioning the U.S. Bankruptcy Court to prevent Olympic Pipeline from using bankruptcy as an excuse not to pay its $5 million pipeline explosion settlement. Approved 7-0

229. Amend the interlocal agreement with the Bellingham-Whatcom Public Facilities District? In order to be eligible for the $9.5 million bond issue (see vote 233) the facilities district must maintain a tax-exempt status. All facilities district projects will be submitted for review by a bond counsel to ensure the district complies will IRS bond code. (AB16264) Approved 7-0

230. Award the sole bid of $70,129 to Opus Consulting Group of Redmond for computer network storage? The city is installing a larger hard drive on the city’s computer network to allow for greater accessibility during peak times of operation. Nineteen bids were solicited and one was received. (AB16267) Approved 7-0

231. Authorize the mayor to award the sole bid of $41,056 to Cascades Concrete of Lynden for water meter boxes? The concrete boxes will house water meters and shut-off assemblies. Twenty-one bids were solicited and one received.

232. Appropriate $1,923,993 for goods and services checks issued from October 8 through October 15, 2004? (AB16269) Approved 7-0

233. Cancel uncashed checks more than one year old? The total of the 25 uncashed checks is $2,589. The unclaimed property will be held by the city for one year and then be transferred to the State of Washington as abandoned property. The funds will be available indefinitely to the payee. AB16257 (Resolution 2004-32) Approved 7-0

234. Approve the 2005 action plan of the 2003-2007 consolidated plan for low- and moderate-income housing? This is the third year of a five-year plan to improve housing conditions in Bellingham. There will be $1,717,000 in federal funds available in 2005. AB16263 (Resolution 2004-33) Approved 7-0

234. Sell $16,375,000 in general obligation bonds for the Bellingham-Whatcom Public Facilities District and to fund the Civil Field Complex improvements? The bonds will provide: 1: $9.65 million to the Public Facilities District ($6.5 million will repay city loans* and $3 million will be used for future projects). 2: $6.2 million for Civic Field Complex improvements that were authorized at the July 12, 2004 meeting, vote 135. 3: Refinance $970,000 in swimming pool bonds to save an estimated $126,692 in interest. AB16247 (Ordinance 2004-10-75) Approved 6-1, Bob Ryan opposed.

236. Appropriate $60,000 to bring the Mount Baker Theatre up to fire code? The improvements include repairing and testing the main curtain, moving the telephone hub from the electrical room into the former boiler room, removing abandoned wiring under theater seats and re-insulating the electrical feeders going into the building. AB16248 (Ordinance 2004-10-76) Approved 7-0

Shall the council:

237. Approve the payment of $20,000 to settle litigation in the matter of Freeman vs. city of Bellingham? The suit alleged a Bellingham police officer used illegal search and seizure and excessive force during a traffic stop in the early morning hours of June 18, 2001. Settling the matter cost less than contesting the allegations in court. Approved 7-0.

238. Appropriate $3,616,392 for goods and services checks issued from October 1 through October 29, 2004? (AB16283/16284/16285) Approved 7-0

239. Add a regular meeting to the City Council schedule? A meeting is scheduled for Wednesday, November 10th at 7 p.m. for third and final reading on the property tax increase. AB16282 (Resolution 2004-34) Approved 7-0