Bellingham City Council

Shall the council:

295. Authorize the mayor to sign a $25,000 settlement in the case of Hanson v. City of Bellingham? On March 3, 2003, at approximately 9:34 p.m., a vehicle driven by Robert W. Hanson was stopped at a stop sign at the intersection of Kentucky and Iron streets. A city police vehicle failed to stop at the intersection and struck Mr. Hanson’s vehicle. Mr. Hanson was injured in the accident. The claim for damages that Mr. Hanson filed with the city was vague about the extent of the injuries. (Executive Session) Approved 6-0, Barry Buchanan excused.

296. Name a new park in the Guide Meridian/Cordata neighborhood “Cordata Park?” Park names were solicited over several months: 34 names were submitted. “Cordata Park” was the preferred name and was approved at a neighborhood meeting and by the parks and recreation advisory board. Cordata is the name of a flowering ornamental tree. (AB18198) Approved 6-0, Barry Buchanan excused.

297. Adopt the Cordata Park master plan? At the 8/13/07 meeting, vote number 160, the City Council approved the expenditure of $1 million to purchase 20 acres near Horton Road for a neighborhood park. The master plan includes a playground, grass play area, sport courts, shelter, restrooms and trails while preserving stream corridors and buffers. It is located along a trail route that will connect to the new Aldrich Elementary School. Budget permitting, phase one will begin in 2009, and is expected to cost $600,000. The total project is estimated at between $3 and $4 million. (AB18199) Approved 6-0, Barry Buchanan excused.

298. Authorize the mayor to award a $101,143 contract to Aggregates West of Everson for aggregate gravel materials? These materials are used daily by public works for trench backfill, pipe bedding, grading alleys, road shoulders and sand for mortar. The city must pick up and haul the materials; the proximity of the bidders made Aggregates West’s bid the lowest. Thirty-three bids were solicited and three bids were received. Two additional bids were disqualified because they weren’t on city bid forms. (AB18204) Approved 6-0, Barry Buchanan excused.

299. Appropriate $3,610,159 for goods and services checks issued from October 10 through October 24, 2008? (AB18205/18206) Approved 6-0, Barry Buchanan excused.

300. Appropriate $3,682,161 for payroll checks issued from October 1 through October 15, 2008? (AB18207) Approved 6-0, Barry Buchanan excused.

301. Transfer $15,000 from the waterfront budget to the Bellingham Public Development Authority for 2008 expenses? The council created the Public Development Authority at the 5/5/08 meeting, vote number 136; this transfer will fund the agency through the remainder of 2008. This public corporation is governed by a board of directors and will manage property redevelopment, the waterfront, central business district, the Old Town neighborhood and other redevelopment projects as directed by the City Council. In future years, this public entity is intended to be financially self-sustaining. AB18184 (Ordinance 2008-11-97) Approved 6-0, Barry Buchanan excused.

302. Accept and spend a $2,500 grant from the Washington State Library to pay 50 percent of the cost of providing crisis prevention training for library employees? The remaining 50 percent will be paid for by the city of Bellingham. AB18185 (Ordinance 2008-11-98) Approved 6-0, Barry Buchanan excused.

303. Accept and spend a $15,000 grant from the Fireman’s Fund Insurance Company to purchase equipment for the fire department? The money will purchase a thermal imaging camera, a confined space breathing air control kit and water flow test equipment. AB18186 (Ordinance 2008-11-99) Approved 6-0, Barry Buchanan excused.

304. Accept and spend a federal grant of $18,300 for domestic violence and sexual assault services? The grant 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 and stalking. The grant runs from 10/1/08 through 9/30/09. AB18187 (Ordinance 2008-11-100) Approved 6-0, Barry Buchanan excused.

305. Accept and spend a federal grant of $257,208 to purchase a tactical operations vehicle? The police department’s current vehicle is 32 years old and not functioning. The new vehicle will transport SWAT teams to critical incidents and can be set up as a command and communications center. AB18188 (Ordinance 2008-11-101) Approved 6-0, Barry Buchanan excused.

Shall the council:

306. Authorize the mayor to send a notice to the Lake Whatcom Water and Sewer District terminating merger negotiations? At the 6/9/08 meeting, vote number 160, the City Council approved a tentative agreement with the Lake Whatcom Water and Sewer District to merge. The city saw the merger as a way to stop development in the Lake Whatcom watershed. A recent ruling by the state Department of Ecology blocking sewer hookups outside a city’s Urban Growth Area invalidated the reason for the merger. (Executive Session) Approved 7-0

307. Direct council member Louise Bjornson to write a letter to Whatcom County requesting that the second and third floors of the Roeder Home not be converted to administrative offices? The Roeder Home has been a location for numerous art programs and community events. All council members will sign the letter. (New Business) Approved 7-0

308. Authorize the mayor to enter into an operating agreement with the Bellingham Public Development Authority? The City Council approved the creation of the development authority at the 5/5/08 meeting, vote number 136, and seven board members at the 7/21/08 meeting, vote number 210. The public development board approved its initial operating agreement on 10/24/08. This agreement allocates duties and responsibilities between the city and the development authority for management and pre-development of city owned properties in the waterfront, Old Town and downtown districts, and will develop financing and marketing strategies for the properties. (AB18212) Approved 7-0

309. Authorize the mayor to enter into an agreement with Whatcom County authorizing cost sharing for joint planning activities in 2009? This agreement commits the city to devote staff and financial resources in 2009 to work with all the cities in Whatcom County to finish the required 10-year update to Urban Growth Areas and to begin updating the comprehensive plans as required by the Growth Management Act. This involves first studying and forecasting population and employment growth as well as demand for housing and employment, reviewing and updating countywide planning policies. To fund the professional services needed for this project, the city of Bellingham and Whatcom County will each contribute $24,000 and the smaller cities will provide lesser amounts based on population. (AB18214) Approved 7-0

310. Issue a noise variance to Ram Construction for the Sunset Drive project? Ram Construction is widening Sunset Drive between Woburn Street and McLeod Road. Construction between 10 p.m. and 7 a.m. requires a noise variance. The variance is for November 19 and 20, plus three dates to be determined. The work involves the placement of 27 sections of concrete storm drain with a large crane that will block the street and require the rerouting of traffic. (AB18217) Approved 7-0

311. Approve the legislative agenda for the 2009 session of the state Legislature? The proposed agenda presented by Dick Little has 15 items expected to come before the next session of the state Legislature that will have a direct impact on the city of Bellingham. As other issues come up during the session, the government relations consultant will report to the city. The legislative session begins on 1/12/09 and will be the 105-day long session. (AB18219) Approved 7-0

312. Appropriate $1,781,437 for goods and services checks issued from October 24 through October 31, 2008? (AB18223) Approved 7-0

313. Adopt transportation impact fees in 2009? The base fee for each p.m. peak hour vehicle trip is adjusted yearly to the actual costs needed to accommodate new growth stated in the annual six-year transportation improvement program. The 2009 fee of $1,695 is a 9.6 percent decrease over 2008 and can primarily be attributed to significant decreases in transportation projects due to budget cuts. AB18215 (Resolution 2008-38) Approved 6-1, Barbara Ryan opposed.

314. Adopt a free parking program in the downtown for two hours from 11/15/08 through 12/31/08? In an effort to stimulate business for local retailers and restaurants, the enforcement of meters will be suspended from 11:30 a.m. to 1:30 p.m. to encourage people to drive downtown for lunch during the holiday season. Also the cost of parking at eight-hour meters will be reduced to 25 cents per hour to provide employees more affordable options. AB18216 (Resolution 2008-39) Approved 7-0

Shall the council:

315. Spend $225,000 to purchase approximately 37 acres located in the Lake Whatcom watershed? The property was purchased from Three Rivers Timber Company and is part of the city’s Lake Whatcom Property Acquisition Program. The property is located near the tip of the South Bay and the Blackjack Trail, between Cain Lake Road and Iowa Heights Road. A tributary stream flows through the property. (Executive Session) Approved 7-0

316. Authorize the city to seek intervenor status in two Snohomish County Superior Court appeals? Jack Petree, Robert Wiesen and Caitac USA Corp. petitioned the Western Washington Growth Management Hearings Board challenging Whatcom County’s designation of the Bellingham Urban Growth Area as being undersized. The hearings board turned down the petitions. The petitioners appealed the decision to Snohomish County Superior Court. With intervenor status, the city’s position in the matter will also be represented. (Executive Session) Approved 7-0

317. Authorize the mayor to sign an agreement with the Port of Bellingham for the extension of water and sewer service to the 2010 Winter Olympics command center? (Public hearing held) The Department of Homeland Security will operate the command center. The agreement includes a no-protest-annexation condition if the litigation is decided in favor of the city. (AB18224) Approved 7-0

318. Authorize the mayor to grant a conservation easement to the Whatcom Land Trust for the Agate Bay Preserve? The city owns the 343.5 acre Lake Whatcom preserve. The conservation easement will protect the city-owned preserve. If a future City Council decides to sell acquisition properties, the properties will be protected from development. The Whatcom Land Trust will implement the conservation easement in perpetuity for $20,150. (AB18227) Approved 7-0

319. Authorize the mayor to award the low bid of $113,616 to F.D. Thomas, Inc., of Tacoma, for a reservoir repair project? The Dakin #1 reservoir has developed a leak that loses an estimated 21,000 gallons of water per day. F. D. Thomas will seal the interior of the reservoir and the internal piping. Seventy-two bids were solicited and six bids were received. (AB18232) Approved 7-0

320. Authorize the mayor to award the low bid of $178,975 to Sail Electric of Bellingham to upgrade obsolete signal equipment? The equipment dates back to the early 1960s, parts are no longer available, and in some cases they fail to meet current code. Thirty-five bids were solicited and two bids were received. (AB18233) Approved 7-0

321. Appropriate $3,172,697 for goods and services checks issued from October 31 through November 14, 2008? (AB18234/18235) Approved 7-0

322. Appropriate $3,211,497 for payroll checks issued from October 16 through October 31, 2008? (AB18236) Approved 7-0

323. Approve a 2009 property tax levy at no increase over 2008? The city will “bank” the property tax increase capacity, reserving the right to implement a tax increase in the future if necessary. The current reserve amount is $57,065 and with the addition of the 2009 amount, which includes $136,550 as the general fund portion and $40,592 as the Greenways portion, it will rise to $234,206. AB18218 (Ordinance 2008-11-102) Approved 5-2, Barbara Ryan and Jack Weiss opposed.

324. Receive and spend a state grant of $4,000 for the nighttime seat belt enforcement patrols? The Washington State Traffic Safety Commission grant will pay overtime for police department officers participating in seat belt enforcement patrols from 11/17/08 through 12/7/08. AB18220 (Ordinance 2008-11-103) Approved 7-0

325. Appropriate $5,000 to remodel a display case at the Whatcom Museum? The display case will be used for a clock exhibit in the museum. The Whatcom Museum Society will reimburse the city $5,000 for this project. Peterson Construction will perform the work on the display case. AB18221 (Ordinance 2008-11-104) Approved 7-0

326. Appropriate $26,953 to purchase body armor for the police department? A federal grant will reimburse the city $13,477 or 50 percent of the purchase. AB18222 (Ordinance 2008-11-105) Approved 7-0