Bellingham City Council

Shall the council:

230. Spend $1.4 million to purchase approximately 33.4 acres on Samish Hill? The property is along the Samish Hill ridgeline; it will be part of the Greenways trail program to connect Lake Padden with Whatcom Creek. Over 114 additional acres have been purchased to date, through 22 separate transactions. The trail will pass through the low elevation part of the property on an old road grade. (Executive Session) Approved 6-0, Gene Knutson excused.

231. Spend $195,000 to purchase property located at the northeast corner of Old Samish Parkway and 20th Street? The 11,000 square feet of property will promote the day-lighting of a Padden Creek culvert to enhance salmon recovery. (Executive Session) Approved 6-0, Gene Knutson excused.

232. Authorize expenditures beyond $15,000 to pay for repair and cleanup work at a house on Bayside Road? The damage was caused by a water main break. (Executive Session) Approved 6-0, Gene Knutson excused.

233. Authorize the mayor to sign a joint defense agreement with other Washington Water Utility Council members, other defendants and potential defendants in litigation involving municipal water law? (Executive Session) Approved 6-0, Gene Knutson excused.

234. Authorize the mayor to sign an agreement with Puget Sound Energy to share costs related to the Boulevard Park cleanup? The state has determined that the former gas plant at Boulevard Park will require remediation under the Washington Model Toxics Control Act. The city of Bellingham and Puget Sound Energy as potentially liable parties are responsible for cleanup costs. (Executive Session) Approved 6-0, Gene Knutson excused.

235. Authorize the mayor to award the low bid of $777,400 to Tiger Construction of Everson for improvements at the Bay and Holly intersection and a water main replacement? This is the final phase of the arts district improvement project. The Bay Street and Holly intersection will be reconstructed to include a plaza, seating, lighting, landscape and artwork and the water main on Bay Street will be replaced. The Campaign for the Arts donated $150,000 for arts district improvements. Ninety-one bids were solicited and seven bids were received. (AB18092) Approved 6-0, Gene Knutson excused.

236. Authorize the mayor to sign the annexation petition for Cordata Park? The city owns the entire 27.5 acres; the council purchased 20 acres at the 8/13/07 meeting, vote number 160 and accepted a gift from Whatcom County of 7.5 adjacent acres at the 8/4/08 meeting, vote number 222. The council initiated the annexation review process at the 7/21/08 meeting, vote number 217. In order to continue the process, the mayor must sign the annexation petition. (AB18095) Approved 6-0, Gene Knutson excused.

237. Authorize the mayor to reappoint Dawn Sturwold to a two-year term as Bellingham Hearing Examiner? The council approved the appointment of Dawn Sturwold as Bellingham’s first hearing examiner at the 6/12/00 meeting, vote number 71. The new term expires on 8/24/10. (AB18099) Approved 6-0, Gene Knutson excused.

238. Authorize the mayor to award the low bid of $35,700 to William Form Engineering of Bellingham for maintenance at the Post Point sewer treatment plant? Due to the low pH of the wastewater, the secondary clarifiers must be treated with an epoxy coating, or the concrete will soften, erode and eventually fail. Thirty-four bids were solicited and two bid were received. (AB18107) Approved 6-0, Gene Knutson excused.

239. Authorize the mayor to award the low bid of $155,964 to Tiger Construction of Everson to retrofit the Northridge stormwater retention pond? (See article on page 5.) The facility is located between Barkley Blvd. and Northridge Way. At the 6/9/08 meeting, vote number 155, the council approved a land swap with the North Shore Hills Community Association so that the existing pond could be increased in size to accommodate a sand filtration system. The facility currently provides stormwater treatment for approximately 32 acres in the Lake Whatcom watershed. The retrofit will meet state requirements for phosphorus treatments. Seventy-eight bids were solicited and nine bids were received. (AB18108) Approved 6-0, Gene Knutson excused.

240. Appropriate $3,639,134 for goods and services checks issued from July 25 through August 1, 2008? (AB18109) Approved 6-0, Gene Knutson excused.

241. Authorize staff to accept the lowest underwriters bid for $6,070,000 in tax-exempt bonds to finance property acquisitions in the Lake Whatcom watershed? The issue was authorized at the 7/21/08 meeting, vote number 218. Interest paid in 2009 should be around $250,000 and interest/principal payments should be about $800,000 for the years 2010 through 2018. AB18091 (Resolution 2008-25) Approved 6-0, Gene Knutson excused.

242. Adopt a water meter installation schedule? The Washington State Department of Health requires all municipal water suppliers to have meters on all water connections by 1/22/17. The water meter installation schedule outlines how the city will meet this deadline and fund the installation of approximately 16,000 water meters. The estimated cost to install the meters is $8.5 million. AB18093 (Resolution 2008-26) Approved 6-0, Gene Knutson excused.

243. Initiate the review process to annex approximately 169 acres in the Meridian/Kline/Kelly area? At the 6/25/08 meeting, the council reviewed the property owners’ annexation petition. If the annexation is approved, the Urban Growth Area will become part of the city of Bellingham. The acreage, zoned as “light impact industrial,” lies within the Silver and Squalicum Creek watersheds and should be studied to identify and map wetland areas. A public hearing must be held prior to the final vote on annexation. AB18096 (Resolution 2008-27) Approved 4-2, Stan Snapp and Jack Weiss opposed, Gene Knutson excused.

244. Appoint two members to the committee preparing a con statement for the voters’ pamphlet? At the 7/21/08 meeting, vote number 217, the council appointed committees to write “pro” and “con” statements for the voters’ pamphlet on a charter amendment changing the at-large council position term from two to four years. At the 7/21 meeting, three people were appointed to the “pro” committee and only one person was appointed for the “con” committee. This vote adds Kenni Merritt and Louise Bjornson to the “con” committee. AB18102 (Resolution 2008-28) Approved 6-0, Gene Knutson excused.

245. Grant final plat approval for Division 3B of the Samish Highlands? Division 3B doesn’t contain any lots, just two reserve tracts and one open space tract. The city intends to purchase Tract A. Samish Highlands received prelimary plat approval for 57 single-family lots at the 12/11/95 meeting. Division 1 contained 18 lots and was approved at 12/4/00 meeting. Division 2 contained 10 lots and was approved at 2/11/02 meeting. Division 3A contained eight lots and was approved at the 6/23/05 meeting, vote number 110. The road connection to the property will be made from 40th Street through the Knox Avenue right of way. AB18103 (Resolution 2008-29) Approved 6-0, Gene Knutson excused.

246. Grant final plat approval for Samish Glenn? The plat is located in the Samish neighborhood and consists of 13 single-family lots, two open space tracts and a stormwater retention tract. It is located between South and Harrison Avenues, 34th and 36th Streets. AB18104 (Resolution 2008-30) Approved 6-0, Gene Knutson excused.

247. Amend the Bellingham Municipal Code to require a mandatory pre-application conference for all major category land-use, building and grading applications? (Public hearing held) As part of the mayor’s plan to improve efficiency in processing permit applications, the Planning and Community Development Dept. is developing a project management system which begins by sorting the permit applications into three project categories: quick, standard and major. Projects in the ‘major’ category will require a pre-application conference. AB18072 (Ordinance 2008-08-79) Approved 6-0, Gene Knutson excused.

248. Amend the Bellingham Municipal Code to establish provisions for the expiration of land-use applications? (Public hearing held) These amendments would identify and clarify when a land-use application has expired, thus limiting the accumulation of inactive applications and improving the permit review process and project management. AB18073 (Ordinance 2008-08-80) Approved 6-0, Gene Knutson excused.

249. Amend the Bellingham Municipal Code to allow water service applications to be submitted concurrently with other land-use and building permit applications? (Public hearing held) Previously, any application for water service would be rejected until the design, approval and construction of the abutting water main were completed. This is also part of the mayor’s “100 day plan” allowing for concurrent submittal and review of all development permits. AB18074 (Ordinance 2008-08-81) Approved 6-0, Gene Knutson excused.

250. Amend the Bellingham Municipal Code to allow sewer service applications to be submitted concurrently with other land-use and building permit applications? (Public hearing held) In the past, any application for sewer service would be rejected until the abutting sewer main has been designed, approved and constructed. The mayor’s “100 day plan” allows for concurrent submittal and review of all development permits. AB18075 (Ordinance 2008-08-82) Approved 6-0, Gene Knutson excused.

Shall the council:

251. Authorize the mayor to sign a $15,000 settlement agreement in the matter of Alexander v. city of Bellingham? The plaintiff claimed two officers with the Bellingham Police Department neglected her safety resulting in her rape, a leg injury and emotional distress. At the 4/30/07 meeting, vote number 85, the council voted to deny the plaintiff a $1 million damage claim. A lawsuit on behalf of the plaintiff was filed in Federal Court. At the 9/10/07 meeting, vote number 170, the council voted to hire outside counsel to defend the city. The matter was later submitted for mediation. (Executive Session) Approved 7-0

252. Authorize the mayor to sign a settlement agreement in litigation challenging the Lake Whatcom Landscape Plan? The agreement will dismiss the lawsuit with prejudice. The city of Bellingham will pay the Mt. Baker School District $225,000 by 7/1/09; the city will lobby the state legislature for changes in revenues that school districts receive from the state to fund basic education (so they are no longer partially offset by revenues a district receives from timber harvest on state-managed forest trust lands); if there is no state legislative change by July of 2010 the city will pay Mt. Baker School District $467,000. (Executive Session) Approved 7-0

253. Reject the purchase of property in the Samish Hill area? The city decided not to purchase the 34,844 square feet of Samish Highlands development for use as a stormwater detention resevior. See the 8/11/08 meeting meeting, vote number 245, for more information. (Executive Session) Approved 7-0

254. Authorize the mayor to sign an agreement with the state of Washington to map eelgrass beds? In order to protect and maintain the sensitive marine resources in Bellingham Bay, accurate mapping of current habitat conditions along the shoreline are required. The city is receiving a state grant which provides 100 percent ($14,774) of the funding for the mapping. Data will be collected in cooperation with the state Submerged Aquatic Vegetation Monitoring Program. The agreement runs from 9/12/08 through 4/30/09. (AB18110) Approved 7-0

255. Authorize the mayor to award the second lowest bid of $61,338 to ESE Corporation of Tacoma, to remove an underground diesel storage tank and install an above ground tank? These improvements at the Short Street pump station are required to meet state regulations on nonconforming underground storage tanks. Fifty-eight bids were solicated and two bids were received; the lowest bidder ($53,231) failed to submit the proper documents. (AB18126) Approved 7-0

256. Authorize the mayor to award the second lowest bid of $84,552 to Western Industrial, Inc. of Seattle for the Marietta water tank painting project? Sixty-five bids were solicited and six bids were received; the lowest bid ($70,466) didn’t meet minimum qualifications relating to painting steel water tanks. (A18127) Approved 7-0

257. Appropriate $4,343,700 for goods and services checks issued from August 1 through August 8, 2008? (AB18128/18129/18130) Approved 7-0

258. Appropriate $5,971,288 for payroll checks issued from July 16 through August 15, 2008? (AB18131/18132) Approved 7-0

259. Revise the city investment policy? The policy is reviewed annually by the City Council. The last revisions to the policy were adopted in February of 2003. The new policy has been updated with changes recommended by the Washington Municipal Treasurer’s Association and conforms to standards established by the WMTA. AB18114 (Resolution 2008-30) Approved 7-0

260. Reclassify two positions in the public works department? Following a human resources review, the joint classification committee changed a “contract accounting specialist” position to “project accounting coordinator” and a “financial services supervisor” position to “financial services manager.” AB18105 (Ordinance 2008-09-83) Approved 7-0

261. Accept a $9,482 gift for six laptop computers? The Friends of the Bellingham Public Library donation will reimburse the city for 50 percent of the purchase. The laptop computers will be used for public training sessions. AB18106 (Ordinance 2008-09-84) Approved 7-0