Bellingham City Council

Shall the council:

50. Approve a $495,000 settlement in the case of Ebenal v. city of Bellingham? At the 6/19/07 meeting, vote number 121, the City Council authorized the mayor to award the low bid of $12,347,087 to Ebenal General for the construction of the art and children’s museum (now called the Lightcatcher Building). The low bid was $1,082,524 above the engineer’s estimate. At the 4/13/09 meeting, vote number 57, the City Council authorized the mayor to award the low bid of $1,281,377 to Ebenal General to replace the water main on Forest Street. In early 2009, Ebenal claimed the city owned the company an additional $2,752,023 (later lowered to $1,370,504) for costs resulting from delays and scope of work changes to the museum attributed to the city of Bellingham. Negotiations between Ebenal and the city broke down and the dispute went to mediation. The terms of the mediated settlement are: the delay claim was resolved for $286,000 plus $174,000 in unpaid museum contact fees and $35,000 for the Forest Street project for a total settlement of $495,000. (Discussed in Executive Session) Approved 7-0

51. Direct public works to proceed with alternative 1B as the preferred method of the Post Point sewer treatment plant expansion? This vote expands the facility toward the south but takes steps to minimize impacts. The vote allows design of the facility but doesn’t commit the city to building it. (AB18765) Approved 7-0

52. Authorize the mayor to award the low bid of $254,758 to Strider Construction of Bellingham for the Willow Spring salmon enhancement project at Squalicum Creek Park? The Willow Spring project will be located on the west side of Squalicum Way near the West Street intersection. This project will create off-channel salmon habitat with 1,030 feet of new stream channel, .34 acres of new wetlands and 1.54 acres of forest. The completed project will appear to be a natural stream channel. A low bid of $191,399 by Haines Tree Service was withdrawn leaving Strider the low bidder. One hundred twenty-three bids were solicited and seven bids were received. (AB18791) Approved 7-0

53. Authorize the mayor to appoint Alex McLean and Charles Matthews to partial terms on the Greenway Advisory Committee? The committee advises the city on allocation of Greenway levy funds. Alex McLean will be filling the vacancy left by Damon Gray. The partial term will expire on 5/31/11. Charles Matthews will be filling the vacancy left by Daniel Remsen. The partial term will expire on 7/31/10. (AB18796) Approved 7-0

54. Authorize the mayor to appoint Alfred Arkley to the Lake Whatcom Watershed Advisory Board? The board advises the city on the purchasing, management, maintenance and use of properties within the Lake Whatcom watershed. This will be Mr. Arkley’s first term and it will expire on 2/24/13. (AB18797) Approved 7-0

55. Authorize the mayor to award the low bid of $537 per ton to JCI Jones Chemical of Tacoma for liquid chlorine? The city uses approximately 27 tons of chlorine per year to disinfect drinking water and about 56 tons are used at the sewer treatment plant. The three previous chlorine bids were: $440 per ton approved at the 2/11/08 meeting, vote number 40; $414 per ton approved at the 1/24/05 meeting and $359 per ton approved at the 8/23/04 meeting. Thirty-five bids were solicited and two bids were received. (AB18800) Approved 7-0

56. Appropriate $4,257,813 for goods and services checks issued from February 12, through March 5, 2010? (AB18801/18802/18803 ) Approved 7-0

57. Appropriate $4,809,922 for payroll checks issued from February 1 through February 28, 2010? (AB18804/18805) Approved 7-0

58. Invite the Business Alliance for Local Living Economies of Bellingham to hold their 2011 national conference in Bellingham? The BALLE works to build strong local economies by strengthening and coordinating local independent businesses, and networking with business leaders, economists, government, social innovators and community leaders. Bellingham has been nationally recognized as a “green city” committed to economic development. The conference takes place in June and could bring hundreds of environmentally-minded people to this community. AB18793 (Resolution 2010-10) Approved 7-0

59. Respond to Google’s Fiber for Communities request for information? Google is seeking communities to test ultra-high- speed broadband networks. Interested local governments must respond by 3/26/10. The city conducted an informal website survey of public opinion which showed 95 percent community approval for the idea of becoming a Google test city. AB18794 (Resolution 2010-11) Approved 7-0

60. Rezone the property located at 1906 Wilson Avenue in the Happy Valley neighborhood? (Public hearings held on 1/25/10 and 2/8/10) The property is the block bounded by 19th and 20th streets, Wilson Avenue and Old Fairhaven Parkway. The owner/developer, Daniel Parcher, has requested a rezone to permit 12 single family houses to be clustered on small lots, leaving space on the south edge of the property for the daylighting of Padden Creek, preserving wetlands, managing stormwater and enhancing the natural corridor along the creek. The City Council at the 2/8/10 meeting, vote number 20, authorized the mayor to sign a development agreement with the property owner. AB18776 (Ordinance 2010-03-16) Approved 7-0

Shall the council:

61. Authorize the mayor to sign an agreed order with the state of Washington and Puget Sound Energy to investigate the former site of a manufactured gas plant? This site covers about six acres of waterfront property at the north end of Boulevard Park and was originally occupied from 1890 to 1946 by a coal gasification plant belonging to Bellingham Bay Gas Co., a forerunner of Puget Sound Energy. Cascade Natural Gas operated a plant there during the 1950s and developers purchased the property in the 1960s. The city acquired most of the land in 1975; the state and BNSF Railway now own the rest. Contamination was found on parts of the property at South State Street near Bay View Drive, and state has named the city and PSE as potentially liable parties according to the Model Toxics Control Act. The agreed order requires the city and PSE, under state supervision, to perform a remedial investigation of the environmental conditions at the site and feasibility study for the cleanup options. The projected cost of the work will be $850,000. Of this, 50 percent will come from a state grant and the remainder will be shared by the city and PSE. (AB18809) Approved 7-0

62. Authorize the mayor to award the low bid of $1,543,857 to Granite Construction of Bellingham for the Bakerview-Hannegan resurfacing project? The project includes pavement repair, leveling and resurfacing Bakerview Road from Deemer Road to Hannegan Road and Hannegan Road from Bakerview to Sunset Drive. Existing handicap ramps, drains and guardrails will also be upgraded to comply with current standards. This project will be financed by federal funds under the American Recovery and Reinvestment Act. Whatcom Builders, the second lowest bidder ($19,831 above Granite) filed a formal protest because Granite Construction failed to sign a certificate which commits them to the requirements of federal contracts. The City Council disregarded this irregularity. Eighty-eight bids were solicited and four bids were received. (AB18811) Approved 7-0

63. Reappoint Bryon Elmendorf to the Waterfront Advisory Group? The advisory group is a voice of the community in determining the future of the Bellingham waterfront. This is Mr. Elmendorf’s third term and it will expire on 4/30/13. (AB18816) Approved 7-0

64. Appropriate $2,005,515 for goods and services checks issued from March 5 through March 19, 2010? (AB18819/18820) Approved 7-0

65. Declare the storm damage at the R.G. Haley site an emergency? An emergency declaration exempts the city from the bid process and allows payment. On 2/12/10, high winds blew down storage warehouses which covered contaminated soils at the city-owned R.G. Haley site. The wind also damaged the perimeter fencing requiring immediate repairs since the state of Washington has classified the property as a Model Toxics Control Act site. The city hired Ram Construction of Bellingham to remove the fallen structures, cover the contaminants and rebuild the fence for a maximum fee of $52,000 plus tax. The work will be completed by 5/1/10. AB18810 (Resolution 2010-12) Approved 7-0

66. Grant final plat approval for the Emerald Cottages development? The proposed development is located at 1910 Telegraph Road in the King Mountain neighborhood. It will consist of 15 single family lots on three acres, a public right-of-way tract and three private tracts for parking, pedestrian and open space purposes. At the 12/8/08 meeting, vote number 338, the City Council approved the annexation of the property as part of the 635 acre East Bakerview-James Street annexation. A creek corridor runs through the northern portion of the plat. AB18818 (Resolution #2010-13) Approved 7-0

67. Oppose Environmental Protection Agency clean-up plan Alternative 3 that negatively impacts Little Squalicum Park and fails to protect human health and the environment? Squalicum Creek contains chemical contaminants from the activities of its former owner, the Oeser Company, a wood treatment plant. The EPA proposal (known as Alternative 3) to cleanup Oeser-related contamination involves digging up 6 feet of contaminated material from the creek bed, placing it in a deeper section of the creek and capping it with soil from a newly dug creek channel. Re-routing the water will turn much of the park into wetlands and the cap will require indefinite maintenance. Unless contaminants are removed altogether, there are still environmental and health risks to humans and animals. This resolution supports Alternative 2(c) which calls for the contaminated material to be moved to a repository on the current Oeser property. The city also wants long-term monitoring and further removal of contaminants. Discussed in Executive Session. (Resolution 2010-14) Approved 7-0

68. Adjust the beginning reserve balances for the 2010 budget by $42,834,672 to account for differences between the estimated and actual year-end balances? The budget is drawn up before the end of the year and estimates are used. The 2010 beginning reserves budget will increase from estimated reserves of $79,420,099 to actual reserves of $122,254,771. AB18786 (Ordinance 2010-03-15) Approved 7-0

Ordinance 2010-03-16 was approved at the 3/15/10 meeting, vote number 60.

69. Reauthorize $14,447,432 for goods and services that were ordered in 2009 but unpaid by the end of the year? This amount will be deducted from the 2009 ending reserves and added to the 2010 budget for goods and services. AB18787 (Ordinance 2010-03-17) Approved 7-0

70. Reauthorize $45,045,924 for goods and services that were authorized in 2009 but didn’t have purchase orders or contracts by the end of the year? These funds and corresponding future expenditures will be moved to the 2010 budget and $100,000 will be placed in reserves. AB18788 (Ordinance 2010-03-18) Approved 7-0

71. Add $64,998 to the 2010 budget in order to reinstate a sergeant position in the police department? The position in the family crimes unit was eliminated due to a retirement on 1/22/10. Due to an increase in domestic calls the police department is requesting that the position be reinstated as of 4/1/10. The position will be filled through promotion of a patrol officer and a new employee will be hired to fill the vacant patrol officer’s post. AB18789 (Ordinance 2010-03-19) Approved 7-0

72. Update and clarify appointments to the Bellingham Planning Commission? Revisions include: requiring City Council approval of appointments to the commission; allowing the mayor to reappoint a commissioner twice if their original term was only a partial one and requiring a public hearing and City Council approval in order to remove a commissioner from office. AB18790 (Ordinance 2010-03-20) Approved 7-0

73. Pay $42,326 to Tax Recovery Services of Tacoma for B&O and utility tax auditing and investigation? The city contracted with Tax Recovery Services to determine compliance with B&O and utility taxes. Back utility taxes and penalties of $169,304 has been collected. AB18799 (Ordinance 2010-03-21) Approved 7-0