August 2009
Watching Government
Bellingham City Council
Compiled by Marcia Guderian
Action Taken at June 1, 2009 Meeting
Shall the council:
109. Spend $205,000 to purchase property as part of the Padden Creek daylighting project? The 3,188-square-foot lot located at 1720 22nd Street includes a house. (Executive Session) Approved 6-0, Gene Knutson excused.
110. Authorize the hiring of attorney Ron Leaders as a special counsel to assist in representing the city in potential litigation? Ebanal General of Bellingham, the contractor on the art and children’s museum, is seeking to recover $2,752,023 in costs resulting from delays and scope of work changes the contractor attributes to the city of Bellingham. Negotiations between the two parties reached an impasse. As stipulated in the contract, the dispute will be mediated by the American Arbitration Association. (Executive Session) Approved 6-0, Gene Knutson excused.
111. Authorize the hiring of outside counsel to assist in representing the city in the case of Hofstetter v. city of Bellingham? In 2005, Katti Hofstetter fell off rocks at Whatcom Falls Park and broke her back, paralyzing her below the waist. A lawsuit filed in November 2007 claimed the the city knew the area was dangerous and failed to post warning signs. (Executive Session) Approved 6-0, Gene Knutson excused.
112. Issue a noise variance to Friberg Construction for sewer work at the intersection of Lakeway Drive and Lincoln Street? Construction between 10 p.m. and 7 a.m. requires a noise variance. The project requires the installation of a sewer line and the replacement of a manhole. The work will take place at night in order to reduce traffic impacts and is expected to take two to four nights. (AB18449) Approved 6-0, Gene Knutson excused.
113. Authorize the mayor to sign an agreement (amendment 1) with Whatcom County for design and construction of W. Illinois Street/Timpson Way project? A new street, Timpson Way will start at Marine Drive and end at W. Illinois Street. It will include two lanes of traffic, two bike lanes, a sidewalk on one side of the street, curbs, gutters, storm drains and landscaping. At the 8/13/07 meeting, vote number 162, the city signed an agreement with the county for this project. Since that time, the city has received additional federal funding for the project and other changes need to be made to clarify the project location and management, use of funding and lands given to right-of-way. Total costs are estimated at $3,499,777. (AB18451) Approved 6-0, Gene Knutson excused.
114. Authorize the mayor to sign an agreement with Bellingham Technical College for the W. Illinois Street/Timpson Way project? The technical college plans to use the new connection with Marine Drive as the main entrance to the school in the future. The agreement also formalizes a previous state funding commitment of $369,396 toward the project construction, which helped to secure federal funding for the project as well. The city has also budgeted $400,000 in local street funds for this project. The city and the college will design and build the project and the county will own and maintain it. (AB18452) Approved 6-0, Gene Knutson excused.
115. Appropriate $4,526,405 for goods and services checks issued from May 1 through May 22, 2009? (AB18458/AB18459/AB18460) Approved 6-0, Gene Knutson excused.
116. Appropriate $2,930,580 for payroll checks issued from May 1 through May 15, 2009? (AB18461) Approved 6-0, Gene Knutson excused.
117. Recognize the 10-year anniversary of the Olympic pipeline explosion and support Congressman Rick Larsen’s move to designate June 10th as National Pipeline Safety Day? On June 10, 1999, the Olympic Pipeline explosion killed three boys, burned 26 acres in Whatcom Falls Park and killed all life on three miles of Whatcom Creek. Those citizens and agencies who have worked on the intensive restoration of the area for the last 10 years have also pressed for federal laws that will prevent a repeat of this disaster. In the United States, there are more than two million miles of underground pipeline carrying hazardous chemicals. AB18447 (Resolution 2009-15) Approved 6-0, Gene Knutson excused.
118. Adopt the annual six-year (2010-2015) transportation improvement program? (Public hearing held) 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. AB18428 (Resolution 2009-16) Approved 6-0, Gene Knutson excused.
119. Amend the 2008 action plan of the 2008-2012 consolidated action plan? The action plan designates city use of federal funds for low- and moderate-income households. The city received $227,522 in federal stimulus funds under the American Recovery and Reinvestment Act. The money will be distributed through the Opportunity Council and will be used to rehabilitate housing occupied by the elderly or those with low to moderate incomes and to create or preserve construction jobs suffering from the declining housing market. AB18453 (Resolution 2009-17) Approved 6-0, Gene Knutson excused.
120. Appropriate $10,355 from the public safety dispatch fund to purchase communications equipment for the What-Comm dispatch center? The current system to provide the best signal for 911 dispatchers is old and in need of repair. Replacement parts are no longer available. AB18440 (Ordinance 2009-06-33) Approved 6-0, Gene Knutson excused.
121. Accept and spend a federal grant of $39,043 for the purchase of police department computers? This is a Department of Homeland Security subgrant passed through Whatcom County. These funds are for laptop computers, wireless antennas and software to be used in terrorism prevention. AB18442 (Ordinance 2009-06-34) Approved 6-0, Gene Knutson excused.
Action Taken at June 15, 2009 Meeting
Shall the council:
122. Reject the Dewey Valley/Mount Baker Highway annexation? The council initiated the annexation petition at the 10/23/06 meeting, vote number 273. A public hearing to consider the request was held at the 8/11/08 meeting and the council held two work sessions on the matter. The approximately 300 acres are located in the city’s Urban Growth Area and surrounded on three sides by city limits, the Bakerview industrial area is to the west, E. McCleod Road is to the south, Mount Baker Highway is to the east, and Ross Road is to the north. (AB18090) Approved 5-2, Louise Bjornson and Terry Bornemann opposed.
123. Issue a noise variance to the state Department of Transportation to replace cable barriers and guardrails on Interstate 5? Construction between 10 p.m. and 7 a.m. requires a noise variance. The state requested a noise variance for 15 nights to take place between August and November. The work is part of a statewide project to replace outdated sections of cable median barriers (and in some places, guard rails). The areas affected are from signpost 250.96 to 255.35. The project is funded by the 2009 American Recovery & Reinvestment Act. (AB18465) Approved 7-0
124. Authorize the mayor to award the low bid of $377,505 to Colacurcio Brothers of Blaine for phase II of the Sunset Drive wetland mitigation project? An eight-acre wetland site near Masonry Way and Irongrate Road is to be created to offset the Sunset Drive widening project. One hundred and twenty-nine bids were solicited and 10 bids were received. (AB18466) Approved 7-0
125. Authorize the mayor to sign an agreement with the state of Washington for a restoration project on the Little Squalicum Creek shoreline? The state will provide $50,000 in funding for a feasibility study and design of approximately 1,500 feet of near shore habitat at the mouth of the creek on Bellingham Bay. The goal of the project is to create an increased amount of habitat for near-shore marine life. (AB18469) Approved 7-0
126. Authorize the mayor to sign an agreement with Whatcom County for telecommunications services at the 2010 Olympics communication center? Under this agreement, the city will lease five telephones and nine phone numbers to the county and will maintain telephone switching equipment at the communication center. The county will pay the city one-time costs of $2,211 and monthly costs of $335. (AB18475) Approved 7-0
127. Authorize the mayor to modify an agreement with the Port of Bellingham to allow city fire and police to use specified port properties to conduct training exercises? Under this agreement (approved by the Port Commissioners at the 4/7/09 meeting, vote number 54), the training agency must submit a written request to the port for the use of its properties at least 10 days in advance. The port must confirm or deny the request within three days. (AB18476) Approved 7-0
128. Reject the low bid to replace eleven overhead doors at the public works maintenance facility? After the bidding was opened it was discovered that two site visits had taken place but not all bidders had been invited to each visit. Forty-nine bids were solicited and three bids were received. The project will be rebid. (AB18477) Approved 7-0
129. Authorize the mayor to award three low bids totaling $86,004 for water distribution accessories? The components are water distribution valves, elbows, tees, adaptors and reducers that are used throughout the city’s water system on main connections and maintenance projects. The components were separated into 13 groups and bids were considered for each group separately. HD Fowler of Bellingham was the low bidder for eight groups at $47,227, HD Supply Waterworks of Bellingham was the low bidder for three groups at $19,096 and Ferguson Waterworks of Burlington was the low bidder for two groups at $19,681. Forty-two bids were solicited and seven companies sent bids. (AB18478) Approved 7-0
130. Appropriate $2,901,604 for goods and services checks issued from May 22 through June 5, 2009? (AB18479/18480) Approved 7-0
131. Adopt a comprehensive sewer plan? A draft of the plan was adopted at the 12/3/07 meeting, vote number 263, and approved by the state Department of Ecology on 8/18/08. Since then, minor changes have been made to the plan to deal with biochemical oxygen demand, inflow/infiltration reduction, and some financial analysis updates. The plan includes capital improvement for the next 20 years. AB18467 (Resolution 2009-18) Approved 7-0
132. Adjust the city budget to include the receipt and spending of $227,522 in federal stimulus funds? See the 6/1/09 meeting, vote number 119, for plans on spending funding received under the American Recovery and Reinvestment Act. The purpose of the act is to stimulate the economy by modernizing the nation’s infrastructure, improving energy efficiency and expanding educational opportunities and access to health care. AB18454 (Ordinance 2009-06-35) Approved 7-0
133. Prohibit retail establishments selling firearms from being located with 500 feet of a school? This action is allowed by state law and is in response to a proposal to locate a pawnshop selling firearms near Shuksan Middle School. State law defines school as an institution of learning, primary or secondary, whether public or private, which offers instruction in those courses required by or maintained pursuant to standards required by the state. AB18405 (Ordinance 2009-06-36) Approved 7-0
