Bellingham City Council

Shall the council:

143. Appropriate $3 million to acquire approximately three acres on the southwest corner of McKenzie Avenue and 4th Street? The property will be used for expansion of the sewer treatment plant. The city had been negotiating with the property owner since 2001. Unable to resolve differences, the council voted to condemn the property at the 2/6/06 meeting, vote number 32. The $3 million amount was reached by an agreement between the city, the property owner and Superior Court. Approved 7-0

144. Authorize the mayor to award the low bid of $640,777 to B&W Excavating and Construction of Valley, WA for the Whatcom Creek salmon habitat improvement projects? The three projects (Cemetery Creek, Salmon Park and wetland mitigation) will restore and create salmon habitat in the Whatcom Creek system, excavate a historic backwater channel and add woody debris to provide a juvenile salmon-rearing habitat. The council at the 8/1/05 meeting, vote number 165, rejected the first bids for these projects. Seventy bids were solicited and three were received. (AB17032) Approved 7-0

145. Reappoint Dawn Sturwold to a two-year term as Bellingham’s Hearing Examiner? Dawn Sturwold was appointed as Bellingham’s first hearing examiner on 6/12/01; this term expires on 8/24/08. (AB17038) Approved 7-0

146. Authorize the mayor to award the low bid of $30,244 to DMSL Construction of Arlington for demolition of the grocery store at the corner of Alabama and Woburn? A right turn lane will replace the store. A quarter of the contract is for pollution control and asbestos abatement. The bid was $24,256 below the engineer’s estimate. Sixty-four bids were solicited and four were received. AB17040 Approved 7-0

147. Appropriate $3,805,317 for goods and services checks issued from May 26 through June 2, 2006? (AB17043) Approved 7-0

148. Grant final plat approval for Karen’s Bakerview Subdivision in the Mt. Baker Neighborhood? The property (approximately nine acres) is near the intersection of Iron Gate Road and E. Bakerview Road. It consists of 21 residential lots, one industrial lot and a stormwater detention track. AB16939 (Resolution 2006-20) Approved 7-0

149. Adopt the annual six-year (2007-2012) transportion improvment program? State law requires cities to update the six-year transportation program by July 1 of each year. The program provides a list of needed capital improvements and establishes the city’s eligibility for state and federal funds. AB17031 (Resolution 2006-21) Approved 7-0

150. Adopt a design review process for city center buildings and set standards? The process reviews the design of non-residential projects in mixed-use residential multizones, and modifies the existing design review process. The design criteria for multifamily residential tax exemption program will be dropped. The new board will review downtown construction and exterior alterations over $50,000 and make recommendations to the planning director. The Historic Preservation Commission will review buildings listed on the national, state or local historic register. City staff will review other site/building alterations. AB17004 (Ordinance 2006-06-60) Approved 6-1, Bob Ryan opposed.

151. Create a Design Review Board? The board will implement the downtown design review process (see vote number 149). The five-member board will be appointed by the mayor and confirmed by the council. Three members must be professional architects, landscapers, planners or in a related field and at least one member must be from the community at large and not in an architectural field. AB17005 (Ordinance 2006-06-61) Approved 7-0

152. Notify Whatcom County of the intent of the city of Bellingham to withdraw from the Emergency Management Services agreement? State law directs the city to have an emergency management organization and the city meets this obligation through its agreement with the Division of Emergency Management operated by the Whatcom County Sheriff’s Office. City staff has decided to greatly increase the city’s disaster planning and preparedness efforts and recommended withdrawing from the current Emergency Management Services agreement and work with the county to ensure emergency needs are met. AB17007 (Ordinance 2006-06-62) Approved 7-0

153. Amend the three sections of the Bellingham Municipal Code regulating utility services? Amended are: 1. Prohibited Acts—clarifies what constitutes wasting water; 2. Low income, senior and disabled discounts—states the household income criteria for all income percentages; 3. Delinquency—removes the delinquency notice directing the owner/occupant of a rental to contact the finance department for disputes about the utility bill’s liability; this prevents the city from being caught in private disputes. AB17008 (Ordinance 2006-06-63) Approved 6-1, Bob Ryan opposed.

154. Clarify wording in the ordinance extending water and sewer service outside the city limits? The council at the 3/6/06 meeting, vote number 62, repealed parts of the ordinance extending water and sewer outside the city. This amendment allows property owners in the Chuckanut area one year to connect to sewer and water lines if they meet certain criteria. AB17011 (Ordinance 2006-06-64) Approved 7-0

155. Amend the 2006 budget to reflect $116,564 in decreased federal revenue? This reflects decreased federal money for low- and moderate-income housing (for more details, see the 6/5/06 meeting, vote number 136). AB17013 (Ordinance 2006-06-65) Approved 7-0

156. Accept a federal grant of $15,910 for a software upgrade? The grant will pay for programming costs to upgrade the police department records system making it compatible with the National Incident Based Reporting System. AB17019 (Ordinance 2006-06-66) Approved 7-0

157. Appropriate $30,000 from the criminal justice fund for a police department vehicle? The vehicle will replace the allowance paid to the owner of a private vehicle. AB17020 (Ordinance 2006-06-67) Approved 7-0

Shall the council:

158. Authorize the mayor to enter into a $900,000 settlement with the Continental Casualty Corporation of Chicago, IL; Commercial Insurance Company of Newark of Newark, NJ and Pacific Insurance Company of Chicago, IL? The three insurance companies worked under an umbrella name, Granite State. This settles the case of the city of Bellingham v. Granite State. The city sued five insurance companies for reimbursement of cleanup costs at six locations. Two previous settlements were approved at the 2/27/06 meeting, vote number 37, and 4/24/06 meeting, vote number 96. This brings the total settlement to $1,100,000. Approved 7-0

159. Approve a rezone at 950 Lincoln Street from auto commercial to planned commercial to allow for residences? The location is the old Mongolian Grill north of WWU’s park and ride. The rezone will allow added density without the need to make road improvements or add utilities. (AB17045) Approved 7-0

160. Authorize the mayor to enter into a $1.6 million agreement with Whatcom County to pay for city’s inmates housed in the county jail from 2006 to 2014? The city will receive credit toward the cost of housing the city’s prisoners in the county jail based on a per bed used basis. The $1.6 million will be used to construct the new county interim jail and alternative corrections center. The city estimates housing prisoners through 2014 at $4.5 million. (AB 17046) Approved 7-0

161. Authorize the mayor to award the low bid of $621,366 to Matia Contractors of Bellingham for the Joe Martin Field improvement project? The improvements include new natural turf, irrigation and drainage systems. The first contract for $7,055,298 was approved at the 1/7/06 meeting, vote number 2, and a $400,000 contract was approved at the 6/5/06 meeting, vote number 138. No bids were received for the skate park; it will be re-bid again next January. Forty-five bids were solicited and three were received. (AB17049) Approved 7-0

162. Approve the Whatcom Transportation Authority’s request for the free use of 19-metered spaces while the transit center is being remodeled? The WTA will start a remodel of its downtown transit terminal in mid-July that will take up to 18 months. Its operations will relocate to the former Walton Beverage site on State Street. The estimated city revenue for the spaces for 18 months is $28,728. The Parking Commission recommended approval because of the benefit derived from public transit. (AB 17050) Approved 7-0

163. Authorize the mayor to award the low bid of $156,222 to Tiger Construction of Everson for the Eldridge Avenue water pipe replacement project? The project will hang 411 feet of 16-inch water pipe under the bridge over Squalicum Creek. Forty-one bids were solicited and four were received. (AB 17064) Approved 7-0

164. Authorize the mayor to award the low bid of $689,726 to Tiger Construction of Everson for the Fraser Street improvements project? The project adds bike lanes, sidewalk, streetlights and storm drainage along Fraser Street between Lincoln and Puget streets. Also, the street will be resurfaced and realigned to improve driving conditions. Sixty bids were solicited and two were received. (AB 17065) Approved 7-0

165. Authorize the mayor to award the low bid of $189,399 to Belfour USA Group of Seattle to repair a city building damaged by fire? On January 3, 2006, a fire from a malfunctioning electrical component in a street sweeper partially destroyed the public works building at 2221 Pacific Street. The city’s insurance will cover the cost of repairs. Forty-nine bids were solicited and two were received. (AB 17066) Approved 7-0

166. Authorize the mayor to award the lowest responsive bid of $43,387 to Raymond Handling Concepts Corp. of Auburn for two electric utility vehicles? The low bid of $31,778 didn’t meet specifications. The vehicles will be used at the sewer treatment plant. Twenty-seven bids were solicited and two were received. (AB17067) Approved 7-0

167. Appropriate $9,541,118 for goods and services checks issued from June 2 through 30, 2006? (AB17068/17069/17070/17071) Approved 7-0

168. Appropriate $5,109,541 for city payroll checks issued from May 16 through June 15, 2006? (AB17072/17073) Approved 7-0

169. Amend the Bellingham Hearing Examiner’s fee schedule? The new fees are $350 for public works appeals and $250 for tax and license appeals. Each is increased by $50. AB17047 (Resolution 2006-22) Approved 7-0

170. Update the land-use application fee schedule? Recent code changes require that the land-use application fee schedule and hearing examiner fee schedule be updated. The update includes new fees and removes those which are no longer applicable. It was also re-formatted to formally combine the hearing examiner fee schedule for land-use actions to the land-use permit fee schedule for ease of use. AB17048 (Resolution 2006-23) Approved 7-0

171. Place a charter amendment on the November 7, 2006 ballot? The amendment will change the finance director’s position from elected to appointed. If approved, the position will be appointed by the mayor and approved by the City Council and becomes effective at the end of the current term on 1/1/08. AB17051 (Resolution 2006-24) Approved 7-0

172. Create a permanently affordable housing program in Bellingham and coordinate that program with Whatcom County’s developing program? The county is developing a policy that will require new housing developments of four or more houses to require 25 percent of the homes to be affordable to low/moderate income households, 50 percent in areas that been upzoned. All the cities must have coordinated programs with the county for the program to work fairly and successfully. The Planning and Community Development Department is authorized to create a program by the end of 2007. AB17056 (Resolution 2006-25) Approved 7-0

173. Establish essential public facilities siting procedures? The Growth Management Act requires cities to have a process to identify and place essential public facilities. The facilities include airports, schools, transportation buildings, jails, prisons, solid waste stations, medical/mental treatment hospitals, group homes and convict transition homes. This ordinance requires the above facilities (including state agencies) to follow Bellingham’s siting criteria; the requirements include neighborhood notification/involvement and procedures for institutional master plans. AB16871 (Ordinance 2006-07-68) Approved 7-0

174. Reclassify two positions in the budget division? Two employees (a budget administrative support position and a budget assistant position) filed an audit request that resulted in job reclassifications effective 1/1/06. The budget administrative support position has been reclassified as a budget specialist and the budget assistant position has been reclassified as a budget technician. These changes will increase the budget technician position by $12,567 a year and the specialist position by $2,988 a year. The 2006 budget needs to be increased by $9,474 to cover the pay raises. AB17041 (Ordinance 2006-07-69) Approved 7-0

175. Reclassify a position in the public works department? The position of engineering technician will be downgraded to associate engineering technician. After the previous employee left, the position could not be filled. The position was reclassified as associate engineering technician to lower the experience and training requirements. The higher-level duties were assigned to other staff members. The changes will reduce the 2006 budget by $4,214 and the annual salary by $5,112. AB17042 (Ordinance 2006-07-70) Approved 7-0