Bellingham City Council

Shall the council:

155. Authorize the city to exchange property with the North Shore Hills Community Association? The two adjacent parcels are located just north of Barkley Blvd. in the vicinity of Northridge Way; each are just over three-quarters of an acre in size. The swap will allow the expansion of a stormwater retention facility. It will put the water through a sand filtration layer for phosphorus treatment. (Executive Session) Approved 7-0

156. Authorize the mayor to award the lowest responsive bid of $1,061,544 to Granite Construction Northwest of Watsonville, Calif. (doing business as Wilder Construction of Everett) for construction of the Whatcom Creek Trail from Racine to Meador? The low bidder was disqualified because of a failure to meet the disadvantaged business enterprise goal. The Whatcom Creek Trail will cross Whatcom Creek at Racine Street via a newly constructed bridge. The new trail will parallel the south side of the creek until it goes under I-5. On the west side of I-5 the trail will proceed almost due south until it meets Meador Ave. Eighty-three bids were solicited and seven were received. (AB17990) Approved 7-0

157. Authorize the mayor to award the low bid of $1,497,989 to Interwest Construction of Burlington for the North Shore Drive roadway and drainage improvements? The project includes paving, bike lanes, sidewalk and improved stormwater systems. The design includes porous bike lanes next to environmentally sensitive areas and retrofits the entire street to meet requirements for both enhanced and phosphorus treatments of stormwater runoff. (AB17995) Approved 7-0

158. Authorize the mayor to award the sole bid of $563,788 SeaWestern Fire Fighting Equipment of Kirkland for a self-contained breathing apparatus? The new breathing apparatus will replace obsolete equipment used by the Bellingham Fire Department. The city received a federal grant of $383,231 from the Department of Homeland Security to assist in the purchase of the equipment. Forty-one bids were solicited and one was received. (AB17996) Approved 7-0

159. Authorize the mayor to award the low bid of $228,409 to Boss Construction of Bellingham to modernize the parkade elevator? The elevator in the Commercial Street parkade has been experiencing mechanical failures due to aging equipment and water in the shaft. At the 2/11/08 meeting, vote number 29, both bids for the elevator replacement were rejected. The low bidder used the wrong forms and didn’t have a bid bond and the second lowest bidder surpassed the budget by $250,000. The bid specifications were revised and re-opened to bidders last month. Forty-five bids were solicited and three were received. (AB17997) Approved 7-0

160. Authorize the mayor to execute a memorandum of understanding with the Lake Whatcom Water & Sewer District regarding merger negotiations? The memorandum of understanding describes the tentative agreement reached by the city and district on the major issues of rates, protection of district employees, stormwater fees, ongoing negotiations, the city’s commitment to maintain the district’s infrastructure and the city’s duty to serve district ratepayers. It provides for the district’s continued operation during negotiations and describes the process for reaching a final agreement. (AB17998) Approved 7-0

161. Uphold the Bellingham Hearing Examiner’s decision for the San Juan Hills preliminary plat and reject a street vacation petition? The 52-unit single-family subdivision on approximately 23 acres is located in the Samish neighborhood, east of 44th Street and north of the Samish Heights subdivision. The hearing examiner approved the plat with conditions and recommended denial of the street vacation petition. The developer appealed four issues: some of the required street improvements, the design of an extension for 46th Street, application of sprinkler standards and delay in the approval process. (AB17999) Approved 7-0

162. Authorize the mayor to award the sole bid of $24,423 to Haines Tree and Spraying Service of Bellingham for vegetation spraying? Right-of-way areas to be sprayed for weed control include sidewalks, traffic islands, tree wells, shoulders, guardrails, I-5 bulkheads and other areas as needed. Twenty-two bids were solicited and one was received. (AB18003) Approved 7-0

163. Authorize the mayor to award the low bid of $195,120 to Advanced Construction of Mulkiteo, for Phase II of the window restoration project at the Whatcom Museum? Phase I was approved at the 4/24/06 meeting, vote number 98. The second phase to repair 108 windows includes architectural services, permits, asbestos and lead paint abatement. The second phase brings the total expenditure to $386,629. The city received a state grant for $130,837. Forty-six bids were solicited and two were received. (AB18006) Approved 7-0

164. Appropriate $2,554,141 for goods and services checks issued from May 9 through May 23, 2008? (AB18007/18008) Approved 7-0

165. Appropriate $2,735,006 for payroll checks issued from May 1 to May 15, 2008? (AB18009) Approved 7-0

166. Revise the criteria used to rate property for purchase under the Lake Whatcom Watershed Property Acquisition Program? The criteria was adopted at the 5/21/01 meeting, vote number 75. Following the annual review of the criteria, the Watershed Advisory Board and the city staff have proposed changes to the criteria that will result in numerical ranking which gives priority to conserving property attributes that will best help to preserve our drinking water quality. AB17988 (Resolution 2008-18) Approved 7-0

167. Adopt the annual six-year (2009–2014) transportation improvement program? (Public hearing held at 5/19 meeting) State law requires cities to update the six-year transportation program by July 1 of each year. The program provides a list of capital improvement projects and establishes the city’s eligibility for state and federal funds. AB17958 (Resolution 2008-19) Approved 7-0

168. Authorize the creation three new part-time security information attendant positions at the library? Due to a rising number of security incidents, from patron intoxication, violent outbursts, fights, vandalism and sleeping, the three positions will maintain a security presence and address safety concerns. The three Plan B, Grade 4 positions are enough to staff the 60 hours per week that the library is open. An additional $36,993 is required for the remainder of 2008 and the annual costs will be $73,695. AB17959 (Ordinance 2008-06-54) Approved 7-0

169. Reclassify three positions at the museum? Due to the request from the library for security personnel, the Human Resources Department recommends upgrading the three regular, part-time museum security information attendant positions from Plan B, Grade 2 to Plan B, Grade 4. An additional $1,633 is required for the remainder of 2008 and the annual costs will be $3,363. AB17960 (Ordinance 2008-06-55) Approved 7-0

170. Reclassify a parking systems security attendant position? The Human Resources Department evaluated wages for this position and determined that the duties and responsibilities were equal to those of the library and the museum security information attendants. The position is upgraded from Plan B, Grade 1 to Plan B, Grade 4. An additional $2,732 is required for the remainder of 2008 and the annual costs will be $2,732. AB17961 (Ordinance 2008-06-56) Approved 7-0

171. Appropriate an additional $75,000 for special legal services? The original budgeted amount of $39,262 will not be sufficient to cover the unanticipated costs of outside counsel related to 2008 tort litigation. The $75,000 will be moved from the claims and litigation reserve fund leaving a balance of $4,917,678. AB17962 (Ordinance 2008-06-57) Approved 7-0

172. Appropriate $1,063,000 in Olympic Pipeline Company funds for Whatcom Creek restoration projects? This vote completes the appropriation of settlement damages caused by the pipeline rupture and fire in June of 1999. It will complete two restoration projects; Cemetery Creek and Salmon Park and will be used for additional restoration work at Red Tail Reach. AB17963 (Ordinance 2008-06-58) Approved 7-0

173. Authorize the mayor to accept a state grant of $75,000 for stormwater purposes? Approximately, $31,000 of this grant is planned for the purchase of stormwater monitoring equipment to further the city’s ability to monitor stormwater systems for Lake Whatcom as well as other systems within the city. The balance of the grant must be spent on stormwater needs by 6/30/09. AB17967 (Ordinance 2008-06-59) Approved 7-0

174. Reallocate $88,039 from fire administration and police operations to emergency management? Reallocate 20 percent of the fire chief’s salary and benefits and 50 percent of a police lieutenant’s salary and benefits to the office of emergency management. The salaries and benefits can be used in determining the amount awarded by a federal grant program administered by the state of Washington. The reallocation will make the city eligible for a $15,000 grant. AB17975 (Ordinance 2008-06-60) Approved 7-0

Shall the council:

175. Authorize the mayor to spend $376,000 to purchase approximately 5 acres located on the southwest corner of McLeod and Maplewood? The property was purchased from the Gloria Uewel Gailer Potts Trust and will become a neighborhood park. (Executive Session) Approved 7-0

176. Authorize the legal department to appeal a Whatcom County Superior Court ruling on park impact fees? The Bellingham Hearing Examiner ruled that Belleau Woods, a property owner on West Bakerview, must pay park impact fees. The decision was appealed to Whatcom County Superior Court. Judge Ira Uhrig ruled that city must refund all park impact fees to Belleau Woods except for $8,912 as required by the neighborhood plan. (Executive Session) Approved 7-0

177. Authorize the legal department to appeal a Whatcom County Superior Court ruling on park impact fees? This vote was on the litigation: city of Bellingham v. Skeers Construction. Whatcom Watch requested the court ruling from the city; a reply from the public records officer indicated the city had no written documents on the ruling. (Executive Session) Approved 7-0

178. Authorize the legal department to appeal a Whatcom County Superior Court ruling on the William McCourt retirement? Judge Ira Uhrig ruled in favor of Mr. McCourt, directing the city to set his retirement date at 4/30/04 and 208 hours as vacation cash-out. (Executive Session) Approved 7-0

179. Remove parking on the west side of Cornwall Avenue from York Street to W. Illinois to allow bicycle lanes on both sides of the street? (Public hearing held) Previous council action has established a priority for creating bike and pedestrian facilities; the resurfacing on Cornwall Avenue provides the opportunity to paint the bike lanes at an estimated cost of $25,000. The council voted to retain parking in the block between York to Ohio Street. (AB18011) Amended and approved 5-2, Gene Knutson and Barry Buchanan opposed.

180. Authorize the mayor to enter into an agreement (amendment #14) with Whatcom County concerning annexation and development within the Bellingham Urban Growth Area? The 1997 agreement was last amended at the 11/19/07 meeting, vote number 24, and is set to expire on 7/15/08. This amendment will extend the agreement to 1/31/09. (AB18015) Approved 7-0

181. Authorize the mayor to award the low bid of $54,400 to NKB, Inc. of Lynden for acoustic baffles at the Arne Hanna Aquatic Center? Colorful acoustic baffles will be suspended from roof joists in the main pool area to reduce noise in the facility. (AB18029) Approved 7-0

182. Authorize the mayor to award the low bid of $116,445 to Coast Construction of Ferndale for construction of the Big Rock Trail? Located in the Silver Beach watershed, the project will define appropriate user paths, obliterate current paths and provide an alternative to vehicle traffic in the watershed. This trail will connect the Big Rock Park area to the Klipson Trail and provide nonmotorized access from Alabama Hill and Silver Beach neighborhoods to Northridge Park and the Railroad Trail. (AB18030) Approved 5-2, Stan Snapp and Barry Buchanan opposed.

183. Appropriate $2,962,328 for city payroll checks issued from May 16 through May 31, 2008? (AB18031) Approved 7-0

184. Appropriate $6,642,021 for goods and services checks issued from May 23 through June 13, 2008? (AB18032/18033/18034) Approved 7-0

185. Appropriate $105,668 for three new positions in the Planning and Community Development Department? Two of the new positions are permanent: permit center supervisor and program specialist. The other position, planner 1, is a two-year limited term. AB17992 (Ordinance 2008-07-61) Approved 7-0

186. Appropriate $23,070 for a new part-time position in the executive department? The new policy and special projects coordinator will work on key policy areas assigned by the chief administrate officer or the mayor, coordinating and carrying out research, policy formation, approval and execution and will manage special projects of community significance, including interdepartmental and city management projects and those that achieve City Council budget objectives. AB17993 (Ordinance 2008-07-62) Approved 7-0

187. Receive and spend a state grant of $6,634 for police department overtime patrols? The Washington State Traffic Safety Commission grant will be used to pay overtime for nighttime seat belt enforcement from 5/19/08 through 6/1/08. AB18002 (Ordinance 2008-07-63) Approved 7-0

188. Reclassify one position in the public works department? The “education coordinator” is being reclassified to “public works communications and education coordinator.” Public works is engaged in a number of public education efforts, including state mandated water and conservation education programs. Active communications with media and citizens are critical to the success of the efforts. The reclassification will bring an annual increase of $1,680. AB18004 (Ordinance 2008-07-64) Approved 7-0

189. Appropriate an additional $45,000 to complete the police department acquisition of a SWAT van? The total price for the vehicle is $225,510; the budget only allocated $180,000. The vehicle is being purchased from Lenco Armored Vehicles of Pittsfield, Mass. AB18005 (Ordinance 2008-07-65) Approved 7-0

190. Approve an emergency moratorium on applications for land disturbance activities within the Lake Whatcom watershed? The mayor has clarified the language in the previous emergency ordinance that was approved at the 5/19/08 meeting, vote number 154. This moratorium includes all land disturbances in addition to the land and building permits. No agenda bill number. (Ordinance 2008-06-66) Approved 7-0