Bellingham City Council

Shall the council:

26. Authorize the city to hire the law firm Inslee, Best, Doezie & Ryder of Bellevue as special counsel? The legal firm is needed to help with legal issues surrounding water and sewer issues outside the city limits. (Executive Session) Approved 7-0

27. Authorize the mayor to sign an agreement (amendment #12) relating to the Dewey Valley/Mt. Baker Highway annexation? The city initiated the annexation at the 10/23/06 meeting, vote number 273. The 1997 Whatcom County/city of Bellingham annexation agreement requires that the Boundary Review Board amend it 45 days prior to a review. (AB17799) Approved 7-0

28. Authorize the mayor to award the low bid of $4,161,000 to Dawson Construction of Bellingham for phase two of the Mount Baker Theater renovation project? The council at the 1/14/08 meeting, vote number 5, rejected all bids for this project. The renovations comprise new wiring and electrical systems, heating, ventilation and air conditioning, improved acoustics and lighting. The main auditorium will to be closed from March through November and a reopening gala is scheduled for 12/6/08. Thirty-eight bids were solicited and four were received. (AB17800) Approved 7-0

29. Reject all bids for the parkade elevator replacement project? The elevation has been experiencing mechanical failures due to aging equipment and water in the elevator shaft. Replacement parts are no longer available, so a retrofit was designed and put out to bid at an estimated cost of $125,000. Two bids were received; the low one was $165,936 and the second was $394,576. The low bid was rejected because it used the wrong forms and did not have a bid bond. The second bid surpassed the budget by $250,000. Staff recommended revising bid specifications (AB17802) Approved 7-0

30. Approve a proposal submitted by Syre Farms LLC for major improvements to 100 N. Commercial Street? The proposal is for the former Pacific Café located in the Mt. Baker Theatre building. Syre Farms proposes to invest $358,156 to improve the interior and $205,977 to improve the exterior. Many of the improvements are not tenant-specific upgrades that will remain in the space. Syre Farms will pay for all the improvement and proposes the city grant Syre Farms $206,000 in rent credits over the next 10 years. (AB17807) Approved 7-0

31. Authorize the mayor to award the low bid of $234,950 to Associated Asphalt of Bellingham for the yearly asphalt pavement repairs? This project will remove, repair and replace asphalt pavement and subgrade materials when performing street, storm water, sewer, and water system maintenance activities. Twenty-four bids were solicited and three were received. (AB17816) Approved 7-0

32. Appropriate $3,448,131 for goods and services checks issued from January 11 through February 1, 2008? (AB17817/17818/17819) Approved 7-0

33. Appropriate $2,775,274 for city payroll checks issued from January 1 through January 15, 2008? (AB177820) Approved 7-0

34. Direct staff to develop proposals to monitor development activity in the Lake Whatcom Watershed? Whatcom County, Lake Whatcom Water & Sewer District, Whatcom County Water District #7, the state, and other public entities regularly make decisions which impact Lake Whatcom water quality. Often the city learns of the action after it is too late to have meaningful input in the process because there is no staff specifically assigned to monitor such actions. This resolution directs staff to give the council the proposals needed for the city to monitor these decisions to help protect the city’s drinking water. AB17810 (Resolution 2008-05) Approved 7-0

35. Accept and spend a federal grant of $18,268 for domestic violence and sexual assault services? Both the city and Domestic Violence and Sexual Assault Services of Whatcom County received the grant; it will pay the salary of a volunteer coordinator at the Bellingham Police Department. Volunteers at the police department provide information to female victims of domestic violence, sexual assault or stalking and referrals to advocacy services. The grant runs from 10/1/07 through 9/30/08. AB17789 (Ordinance 2008-02-08) Approved 7-0

Shall the council:

36. Authorize the mayor to award the low bid of $2,215,196 to Strider Construction Co., of Bellingham for the Cornwall Avenue water main replacement project? This project will install a new water main, fire hydrants and sidewalk on Cornwall Avenue between Chestnut Street and W. Illinois Street and Halleck Street between Cornwall Avenue and New Street. Cornwall between York Street and E. North Street will also be paved. Forty-nine bids were solicited and 13 were received. (AB17822) Approved 6-0, Gene Knutson excused.

37. Authorize the mayor to award the sole bid of $2.97 per pound to Roger Langeliers Construction of Hillsboro, OR, for asphalt pavement crack sealing? The 2008 budget allocates $160,000 for this activity. The bid covers labor, equipment and materials for the installation of the sealant to prevent water from undermining pavement and to help prevent potholes. The two previous bids for the sealant were $1.96 per pound approved at the 9/11/06 meeting, vote number 216 and $2.07 per pound approved at the 8/16/04 meeting, vote number 170. Thirty-five bids were solicited and one was received. (AB17832) Approved 6-0, Gene Knutson excused.

38. Authorize the mayor to award the low bid of $279 a ton to Univar USA of Kent for soda ash? Soda ash is used for pH adjustments at the water treatment plant The city uses approximately 300 tons annually at an estimated cost of $83,000. The last two bids for soda ash were $299 a ton approved at the 12/5/05 meeting, vote number 253 and $200 a ton approved at the 11/15/04 meeting, vote number 245. Twenty-three bids were solicited and two were received (AB17833) Approved 6-0, Gene Knutson excused.

39. Authorize the mayor to award the sole bid of $43,887 to Whitney Equipment Company of Bothell for a submersible sewage pump station? The new pump station will replace an existing one on James Street. Thirty-seven bids were solicited and one was received. (AB17834) Approved 6-0, Gene Knutson excused.

40. Authorize the mayor to award the sole bid of $440 per ton to Olin Chlor Alkali Products/Pioneer Americas of Walnut Creek, Calif., for liquid chlorine? The city uses approximately 150 tons annually as a disinfectant at the drinking water and sewer treatment plants. The three previous chlorine bids were $414 a ton approved at the 1/24/05 meeting, $359 per ton approved at the 8/23/04 meeting and $290 per ton approved at the 7/28/03 meeting, vote number 127. Fourteen bids were solicited and one was received. (AB17835) Approved 6-0, Gene Knutson excused.

41. Appropriate $2,923,835 for city payroll checks issued from January 16 through January 31, 2008? (AB17836) Approved 6-0, Gene Knutson excused.

42. Appropriate $450,378 for goods and services checks issued from February 8 through February 15, 2008? (AB17837) Approved 6-0, Gene Knutson excused.

43. Grant final plat approval for phase 1A of the Birch Street plat in the Whatcom Falls Neighborhood? The 172 single-family lot development received preliminary plat approval at the 11/15/99 meeting. The development could not proceed until a traffic signal was installed at the intersection of Birch and Lakeway in 2004. Phase 1 (36 lots) received final plat approval at the 6/27/05 meeting, vote number 133. Phase 1A consists of seven single-family lots. (AB17831) (Resolution 2008-06) Approved 6-0, Gene Knutson excused.

44. Authorize the expenditure of a $137,500 state grant for special legal services in Municipal Court? The grant will be used for public defenders at arraignment and reducing caseloads. The city is required to report back to the state how the money was spent and adopt public defender standards (see next vote). AB17796 (Ordinance 2008-02-09) Approved 6-0, Gene Knutson excused.

45. Adopt standards for public defender services? This ordinance sets the standards to receive the grant in the previous vote. AB17797 (Ordinance 2008-02-10) Approved 6-0, Gene Knutson excused.

46. Appropriate $4,019,603 in environmental insurance settlement funds? At the 12/10/07 meeting, vote number 274, the council allocated $9,747,2000 in settlement funds. Some unforeseen related expenditures for purchasing Colony Warf, Boulevard Park clean up costs and legal fees for various contaminated sites that were not known at the time the 2008 budget was adopted. AB17798 (Ordinance 2008-02-11) Approved 6-0, Gene Knutson excused.

47. Authorize condemnation of 2413 E. Sunset Drive to allow Sunset Drive to be widened from Woburn Street to McLeod Road? Property owner Tom Force has not responded favorably to the city’s efforts to negotiation for a portion of the property that is needed to widen the road. The project schedule required immediate acquisition of the property to meet the construction deadlines. The current offer is $22,000. This action authorizes the city attorney to proceed with condemnation action. AB17803 (Ordinance 2008-02-12) Approved 4-2, Barbara Ryan and Jack Weiss opposed, Gene Knutson excused.

48. Authorize condemnation of 2809 E. Sunset Drive to allow Sunset Drive to be widened from Woburn Street to McLeod Road? Property owners David and Colleen Cook have not responded favorably to the city’s efforts to negotiate for a portion of their property that is needed to widen the road. The project schedule required immediate acquisition of the property to meet the construction deadlines. The current offer is $35,700. This action authorizes the city attorney to proceed with condemnation action. Barbara AB17804 (Ordinance 2008-02-13) Approved 4-2, Ryan and Jack Weiss opposed, Gene Knutson excused.

49. Authorize condemnation of 2905 E. Sunset Drive to allow Sunset Drive to be widened from Woburn Street to McLeod Road? Property owner David Lybecker has not responded favorably to the city’s efforts to negotiation for a portion of his property that are needed to widen the road. The project schedule required immediate acquisition of the property to meet the construction deadlines. The current offer is $77,500. This action authorizes the city attorney to proceed with condemnation action. AB17805 (Ordinance 2008-02-14) Approved 4-2, Barbara Ryan and Jack Weiss opposed, Gene Knutson excused.

50. Reduce the charge to connect to the city sewer by 80 percent? The reduction is to encourage septic system owners to connect to the city sewer. AB17806 (Ordinance 2008-02-15) Approved 6-0, Gene Knutson excused.

51. Create a new “information system analyst” position? Human Resources requested the position to ensure the new information system was successfully implemented and to provide ongoing support and maintenance for the system. This full time position will cost $79, 426 annually which is offset by the elimination of a full time position and a vacancy. AB17813 (Ordinance 2008-02-16) Approved 6-0, Gene Knutson excused.

52. Add an additional “technical services clerk 1” at the library? The additional clerk is needed to keep the technical services department efficient. Currently there is one clerk and a 19-hour page in the department. The work needed is that of a clerk 1. The page will be eliminated and funds from a recent vacancy will be used to create a new 20-hour clerk 1 position. AB17814 (Ordinance 2008-02-17) Approved 6-0, Gene Knutson excused.

Shall the council:

53. Deny an application to extend municipal water to a vacant lot in the Urban Growth Area? The lot is located at the corner of Democrat Street and Yew Street Road. At the 6/14/04 meeting, the council adopted annexation as the preferred option to obtain city utility services in the Urban Growth Area and at the 3/6/06 meeting, vote number 62, and the 6/12/06 meeting, vote number 154, voted to repeal parts of the city utility extension zones to make them consistent with the Growth Management Act. The GMA only allows utility extensions in the UGA to protect public health and safety. (AB17840) Approved 7-0

54. Appropriate $2,698,502 for city payroll checks issued from February 1 through February 15, 2008? (AB17846) Approved 7-0

55. Appropriate $1,058,950 for goods and services checks issued from February 15 through February 22, 2008? (AB17847) Approved 7-0

56. Grant final plat approval for Birch Heights in the Alabama Hill neighborhood? The plat consists of 19 single-family lots and two private tracts for landscaping, stormwater and recreation purposes on the northeast corner of Alabama and Birch streets. The Bellingham Hearing Examiner approved the preliminary plat on 3/24/06 and amended it on 8/29/07 to allow a private recreation facility on top of an underground stormwater vault. AB 17845 (Resolution 2008-07) Approved 7-0

57. Vacate portions of Ohio Street between I-5 and Nevada Street and the abutting alley to the north? Public ownership of the rights-of-way will be relinquished. Jerry and Catherine Thomas will relinquish 67,000 square feet of riparian property abutting Whatcom Creek for 32,000 square feet of city right-of-way. The Bellingham Hearing Examiner held a hearing on 10/3/07, she concluded that the vacation is consistent with state law, city policies and ordinances and recommended approval. AB17733 (Ordinance 2008-03-18) Approved 7-0

58. Receive and spend a law enforcement grant for $2,500 to purchase blood alcohol sensors? The grant from the Washington Association of Sheriffs and Police Chiefs will replace five outdated units. AB17830 (Ordinance 2008-03-19) Approved 7-0

59. Vacate portions of the Birch Street right-of-way in the Alabama Hill neighborhood? Public ownership of the right-of-way will be relinquished. The 171-feet-long and 17-feet-wide vacation will allow the Birch Heights development (see vote 56) to improve lot designs. The Bellingham Hearing Examiner held a hearing on 4/12/06, she concluded that the vacation is consistent with state law, city policies and ordinances and recommended approval. The technical review committee found no need for payment because the Birch Heights subdivision will dedicate a larger amount of property to the city than the right-of-way. AB17572 (Ordinance 2008-03-20) Approved 6-1, Barbara Ryan opposed.