Bellingham City Council

Shall the council:

191. Spend $350,000 to purchase .74 acres in Chuckanut Village? The city will use the Fairhaven Avenue area to provide parking and open space for the beachfront preservation project on Chuckanut Bay. The area includes forestland near the beach. (Executive Session) Approved 7-0

192. Deny Richard Haykin's claim for damages? On 5/20/08, the claimant's wife Maia Haykin was struck and killed by a train at the pedestrian railroad crossing at Boulevard Park. In 1999, the state parks and recreation director wrote a letter warning the city that it was leaving itself open to potential lawsuits by not providing marked crossings. In 2001, Burlington Northern Santa Fe Railroad wrote to the city reminding them there was a need to upgrade the crossing. In 2001, the city acknowledged additional safety improvements were necessary, but none were installed. The claimant contends that the accident was the result of the city's failure to install pedestrian safety measures at the crossing. Attorney Steve Changes was authorized to settle the claim for $2.25 million. (Executive Session) Approved 7-0

193. Authorize the mayor to sign an agreement with the Douglas Management Company to purchase for $1 the site commonly known as the “R. G. Haley” property? Located at the south end of Cornwall Ave, the site is about six acres between the railroad tracks and the bay. It is adjacent to onshore properties owned by the city and port, and when combined with Taylor Street Dock and boardwalk, Boulevard Park and the planned overwater walkway will provide over three continuous miles of public access to the waterfront. R.G. Haley International used the site for wood treatment from 1950 until 1985. Douglas Management purchased the property in 1990. Contaminants were observed leaking into Bellingham Bay from the site in 2001, and a barrier wall and recovery system were installed which are still in operation. The state performed an environmental study of the site in 2004. The city will be assuming responsibility for the clean-up of the area. Cleanup costs are estimated at between $3 million and $9 million and are eligible for state grants. (Executive Session) Approved 7-0

194. On 8/19/09, Whatcom County Executive Pete Kremen released his recommendations for 20-year growth forecasts and changes to urban growth areas. These differ slightly from the forecasts and UGA recommendations which the City Council approved at the 5/18/09 meeting, vote number 103. The county executive’s plan contains higher forecasts for Bellingham, and also removes the Hillsdale and Geneva areas from the city UGA and moves the southern half of the Yew St area from the UGA to the “reserve” category. The council directed staff to prepare a letter making recommendations to the Whatcom County executive on the 20-year growth forecasts and potential changes to the Bellingham Urban Growth Area boundary (AB18574). Motion 1: Accept the population projection of 116,202? Approved 6-1, Louise Bjornson opposed. Motion 2: recommend that the Geneva and Hillsdale areas remain in Bellingham’s UGA, and, if these areas are removed from the UGA, urging the county to adopt and enforce the city development and environmental protection standards for the Silver Beach area of town? Approved 7-0. Motion 3: accept the county’s recommendation to remove the southern half of the Yew Street area from the UGA and place it in a UGA reserve category? Approved 6-1, Louise Bjornson opposed.

195. Authorize the mayor to sign a new operating agreement with the Whatcom Museum Foundation? The current agreement has been in place since 2001. City staff and the Museum Foundation have agreed on revisions, which include the new art and children’s museum. Key changes allow the Whatcom Museum Foundation to collect revenues such as admissions, facility rentals and photo archive reproductions to assist with museum operations as city support is decreased. (AB18575 ) Approved 7-0

196. Authorize the mayor to award low bids totaling $201,322 for Whatcom Medic One supplies? The bids were divided into nine different categories. Life Assist of Rancho Cordova, Calif., was the low bidder in five categories ($179,455), airway and oxygen, suction, splinting, syringes and diagnostics. Bound Tree Medical of Dublin, Ohio, was the low bidder in three categories ($21,867), infection control, first aid and patient handling. Pharmaceutical supplies will be purchased from a Washington State contract. One hundred and seventeen bids were solicited and four bids were received. (AB18580 ) Approved 7-0

197. Appropriate $5,255,091 for goods and services checks and issued from August 21 through September 4, 2009? (AB18581/18583) Approved 7-0

198. Appropriate $213,779 for a goods and services check issued on August 31, 2009? (AB18582) Approved 7-0

199. Appropriate $2,950,644 for payroll checks and issued from August 1 through August 15, 2009? (AB18584) Approved 7-0

200. Raise the dollar minimum for written contracts? For public works or improvement contracts the minimum will be raised from $2,500 to $5,000 and for service contracts from $5,000 to $10,000. The last time the minimums were raised was in 1998. Raising the minimum will reduce administrative costs for the city. AB18553 (Ordinance 2009-09-58) Approved 7-0

Shall the council:

201. Authorize the mayor to sign a settlement with Pacific Crest Partners? The city will pay Pacific Crest Partners $316,036 in exchange for the company’s dismissal of its lawsuit and damage claim against the city. On 7/17/06, Pacific Crest Partners submitted an application to build 52 single-family homes on 23 acres in the Samish neighborhood. On 3/13/08, the Bellingham Hearing Examiner approved the application with conditions. The Pacific Crest Partners filed a lawsuit on 1/21/09, claiming that the city failed to approve or deny the application within the 90 days required by state law. (Discussed in Executive Session) Approved 7-0

202. Approve modifications to the 2009-2011 labor contract with AFSCME, local 114L? The original contract with city librarians was approved at the 10/20/08 meeting, vote number 287; it increased wages 3 percent in 2010. This modification will suspend the wage increase in 2010 and there will be no change in the health plan. (Discussed in Executive Session) Approved 7-0

203. Ratify a two-year labor contract with AFSCME, local 114F? The 2010-2011 contract with fire dispatchers at the Prospect communications center doesn’t increase wages in 2010; wages for 2011 will be negotiated at a later date. There is no change in the health plan. (Discussed in Executive Session) Approved 7-0

204. Appropriate $3,119,277 for payroll checks issued from August 16 through August 31, 2009? (AB18600 ) Approved 7-0

205. Appropriate $1,347,274 for goods and services checks issued from September 4 through September 11, 2009? (AB18601) Approved 7-0

206. Reject a wage increase for City Council members? Due to revenue shortfalls, budget constraints, and a desire to preserve city jobs and services, the council members will not take the 3 percent cost of living raise that was scheduled for 2010. The City Council members’ salary for 2009 is $20,784. This vote will save the city $4,876. AB18586 (Resolution 2009-28) Approved 7-0

207. Reclassify four parking enforcement officer positions to account for additional duties? Beginning on 4/1/09, these officers became responsible for providing traffic control and interviewing witnesses at auto accidents, investigating and dealing with abandoned vehicles and responding to public complaints. The budget increase for 2009 is $12,440. AB18579 (Ordinance 2009-09-59) Approved 7-0

208. Amend the Bellingham Municipal Code to be consistent with the new museum operating agreement? The name has been changed from the Whatcom Museum Society to the Whatcom Museum Foundation. Voting members on the foundation board of directors will be reduced from 30 to 20. AB18576 (Ordinance 2009-09-60) Approved 7-0

Shall the council:

209. Settle a claim filed by Kemper Insurance for water damage to a house? On 6/10/08, a water main burst, inundating the house at 530 Bayside Drive. The insurance company filed a claim for $310,937. The claim for structure repairs was $182,978, damage to the contents was $83,780 and $44,029 was paid to the owners because the house was uninhabitable for 11 months. The company settled for $237,500. (Executive Session) Approved 7-0

210. Authorize the mayor to award the low bid of $1,665,982 to Interwest Construction of Burlington for Northwest Avenue pedestrian improvements? This first phase of the project includes constructing sidewalks and bike lanes on both sides of Northwest from the I-5 on-ramp to Bakerview; installing a single-lane roundabout north of I-5; building two stormwater retention structures and installing street lights. The stormwater system will be built this year, and the project will be completed in 2010 after utilities have been relocated. One hundred and fifteen bids were solicited and 10 bids were received. (AB18607) Approved 7-0

211. Vote on draft Shoreline Master Program motions? Motion 1: increase Lake Whatcom buffer widths from 50 to 100 feet? Whatcom County requires 100-foot buffers around most of the northern half of the lake. A 100-foot buffer will provide 75-85 percent of the water quality and habitat required for a healthier lake. Approved 7-0. Motion 2: require permits for all activities within the shorelines of Lake Whatcom except noxious weed control? State guidelines manage the county’s control of noxious weeds. Approved 7-0. Motion 3: accept staff reccomendations on the rest of the Lake Whatcom draft except for item 7? Staff was directed to revise item 7 language and only allow changes to lawns next to the lake during construction periods. Approved 7-0. Motion 4: direct staff to research information concerning the possibility of restricting new construction of docks, piers and bulkheads on Lake Whatcom? (AB18524) Approved 7-0

212. Authorize the mayor to award the low bid of $47,581 to Innovative Industrial Constructors of Ferndale to replace the diesel storage tank at the water treatment plant? The 1,200 gallon underground tank will be replaced with a 1,500 gallon above-ground tank. This tank supplies fuel the backup generator for the treatment plant. The state Dept. of Ecology will regulate the tank removal. Ninety-three bids were solicited and three bids were received. (AB18614) Approved 7-0

213. Appropriate $2,920,606 for payroll checks issued from September 1 through September 15, 2009? (AB18615) Approved 7-0

214. Appropriate $4,745,443 for goods and services checks issued from August 14 through August 21 and September 11 through September 25, 2009? (AB18616/18617/18618) Approved 7-0

215. Set time and dates for the 2010 regular council meetings? Twenty five meetings are scheduled for 2010, one less than were scheduled in 2009 and three less than were scheduled in 2008. AB18613 (Resolution 2009-29) Approved 7-0

216. Appropriate $93,016 to pay for Civic Field arbitration expenses? A court-appointed arbitrator ordered the city to pay $244,716 to Matia Contractors of Bellingham for terminating the Joe Martin Field contract. At the 7/10/06 meeting, vote number 161, the council approved a $621,366 contract with Matia Contractors of Bellingham for new turf, irrigation and a drainage system at Joe Martin Field. The city terminated the contract because of substandard work. Initially, Matia filed a suit in King County for breach of contract. Later, the case was moved to arbitration. Of the $244,716 due, $151,699 is already available from the existing project budget and interest on the contractor retainage account. AB18589 (Ordinance 2009-10-61) Approved 7-0

217. Accept and spend a $22,317 federal grant for mobile computers and a dispatch display screen? The purpose of the U.S. Department of Homeland Security grant is to enhance the capability of local governments to “prevent, deter, respond to and recover from acts of terrorism.” AB18597 (Ordinance 2009-10-62) Approved 7-0

218. Eliminate one position and reclassify five other positions in public works? Public works has been getting along with one GIS senior analyst instead of two. Therefore, the second senior analyst position will be dropped and the positions of the five employees who are performing the work will be changed. Two GIS specialists will become GIS analysts; three engineering technicians will become GIS senior technicians. The upgrades in wages for the five positions equals the same amount of money that would have been paid to the position that is eliminated. AB18598 (Ordinance 2009-10-63) Approved 7-0

219. Revoke anticipated bond sales for Fairhaven Library? At the 5/5/08 meeting, vote number 135, the council declared an intent to issue up to $3 million in tax-exempt bonds for Fairhaven Library improvements. At the 2/23/09 meeting, vote number 30, the council reduced Fairhaven Library repairs to $1.3 million. The library project has been split into three phases because of revenue problems. At the 5/4/09 meeting, vote number 94, the council awarded the low bid of $539,245 for phase one renovations to fix: water seepage in the building, the front steps, sidewalks and landscaping. Phase one will be paid from the $1 million that was budgeted in 2008. This vote invalidates the declaration to issue $3 million in bond to remodel the library. AB18599 (Ordinance 2009-10-64) Approved 7-0

Shall the council:

220. Oppose Washington State Initiative 1033? (Public hearing held) If passed, the Tim Eyman initiative would place limits on the growth of city, county and state budgets. Federal grants would be included as revenue. It would put undo stress on local governments during the recession. AB18619 (Resolution 2009-30) Approved 6-0, Gene Knutson absent.

221. Support Washigton State Referendum 71? (Public hearing held) By taking a position in favor of this referendum, the council supports the law passed by the State Legislature giving the same rights, responsibilities and obligations to both marital relationships and domestic partnerships. AB18620 (Resolution 2009-31) Approved 5-1, Gene Knutson absent, Stan Snapp abstained.

Shall the council:

222. Authorize the mayor to appoint James Gebhardt, Carol Berry, Tim Hostetler, Therese Kelliher, Jim McCabe, Frank Ordway, Claudia Kelley, Dan Burwell and Wes Frysztacki to the Transportation Commission? The commission was established by the council at the 8/10/09 meeting, vote number 183. It will take over the duties of the Bicycle and Pedestrian Advisory Committee and the Parking Commission and take a long-term look at the transportation issues facing the city of Bellingham, recommend strategic policies and investments. The terms will expire for Gebhardt, Berry and Hostetler on 10/19/10; for Kelliher, McCabe and Ordway on 10/19/11 and for Kelley, Burwell and Frysztacki on 10/19/12. (AB18634) Approved 7-0

223. Appropriate $3,131,958 for payroll checks issued from September 16 through September 30, 2009? (AB18636) Approved 7-0

224. Appropriate $3,596,962 for goods and services checks and issued from September 25 through October 9, 2009? (AB18637/18638) Approved 7-0

225. Approve the 2010 action plan of the 2008-2012 consolidated plan? The action plan designates city use of federal funds for low- and moderate-income households. The 2010 action plan is the city’s application for federal funds and it will guide the federal grant allocation of approximately $1,586,000. The city will also have $481,201 available in 2009 carryover funds, 2010 program income and revolving loan fund balance. AB18627 (Resolution 2009-32) Approved 7-0

226. Initiate the review process to annex approximately 5.7 acres in the Geneva/Idaho area? This property is located in Bellingham’s Urban Growth Area, and would become part of the Silver Beach neighborhood. Property owners within the area filed an annexation petition. The area is a rectangle bordered by the city on the north, east and west sides and the eastern half of it lies within Lake Whatcom and Whatcom Creek watershed. The northwest corner lies at the corner of Kansas and Dakin Streets and the south border lies between York and Fraser Streets. Both Idaho and Fraser Streets run into the area from the west. The nine single family homes in the area are already served by city water. The next step in the process is to send a notice of intent to annex to the Boundary Review Board. AB18628 (Resolution #2009-33) Approved 7-0

227. Appropriate $316,036 from the claims and litigation fund to pay for the Pacific Crest Partners settlement? At the 9/21/09 meeting, vote number 201, the council authorized the settlement in executive session. In exchange for the payment, Pacific Crest Partners will drop its lawsuit against the city. On 7/17/06, Pacific Crest Partners submitted an application to build 52 single-family homes in the Samish neighborhood; the Bellingham Hearing Examiner approved the application on 3/13/08. The company lawsuit asserted that state law required the application to be processed within the 90 days. AB18610 (Ordinance 2009-10-65) Approved 7-0