Bellingham City Council

Shall the council:

116. Authorize the mayor to sign an agreed order with the state of Washington regarding the Eldridge Municipal Landfill site? In the 1930s, the city used a portion of what is now Little Squalicum Park as a “sanitary landfill.” While performing a remedial investigation/feasibility study for contamination caused by the neighboring Oeser facility, the city discovered the old landfill site. Some of the landfill is located on county property leased by the city and the remainder on the Bellingham Technical College campus. This order requires the city to use the results of the remedial investigation/feasibility study to draft a cleanup action plan in accordance with the Model Toxics Control Act. (Discussed in Executive Session) Approved 7-0

117. Authorize the mayor to award the low bid of $740,782 to Award Construction of Ferndale for improvements at Inspiration Point and Woodstock Farm? This project includes upgrading the driveway and parking lot, improving the trail and the overlook, adding retaining walls, benches and guard rails and restoring the landscape, paving the access road and installing a water line and electrical conduit for Woodstock Farm. One hundred fourteen bids were solicited and three bids were received. (AB18853) Approved 7-0

118. Authorize the mayor to award 16 low bids totaling $95,595 for water distribution accessories? The components are couplings, plugs, caps, valves, elbows, tees, restraints, sleeves, adaptors and reducers that are used on water main connections and maintenance projects. The components were separated into 16 groups and two agenda bills, bids were separate for each group. Eleven groups were for iron fittings and accessories; HD Fowler of Bellingham was the low bidder for eight groups at $30,867 and Ferguson Waterworks of Burlington was the low bidder for three groups at $2,406. Twenty-three bids were solicited and five bids were received. Five groups were for valves and sleeves; HD Supply Waterworks of Bellingham was the low bidder for two groups at $30,553, United Pipe and Supply of Marysville was low bidder for one group at $21,318 and HD Fowler of Bellingham was the low bidder for two groups at $10,451. Thirty-three bids were solicited and four bids were received. (AB18885/18886) Approved 7-0

119. Appropriate $1,444,723 for goods and services checks issued from May 14 through May 28, 2010? (AB18887/18888) Approved 7-0

120. Appropriate $2,397,830 for payroll checks and issued from May 1 through May 15, 2010? (AB18889) Approved 7-0

121. Identify ways that the city of Bellingham can reduce or eliminate the use of fossil fuels for transportation and implement policies and incentives to encourage the development and use of cleaner, less harmful energy sources? The Canadian Tar Sands are harmful since they release excessive amounts of greenhouse gases. At the 3/14/05 meeting, vote number 53, the council approved the Climate Protection agreement to comply with the Kyoto Protocol for reducing global warming. At the 5/7/07 meeting, vote number 103, the council approved the action plan of the Climate Protection program. One goal of the Climate Protection action plan is to reduce the city’s operational greenhouse gas emissions 64 percent from year 2000 levels by 2012, and 70 percent by 2020. Another goal is to reduce the entire Bellingham community’s emissions to 7 percent below year 2000 levels by 2012 and 28 percent by 2020. The December 2009 joint city/county. The Peak Oil Taskforce report warned against continued reliance on fossil fuels. AB18877 (Resolution 2010-18) Approved 7-0

122. Establish a city of Bellingham policy on fleet fuel? The city contracts with a fuel distributor to provide fleet fueling services. The current fuel supplier purchases fuel from refineries that accept material from Canadian Tar Sands. City policy makes environmental and sustainability issues a priority, and tar sands oil production is causing irreversible environmental damage on a global as well as localized level. In addition the high carbon content of tar sands fuels emits more greenhouse gases than other fuels, and city policy is committed to Climate Protection and is striving to reduce emissions from city operations (see vote number 121). The next fleet fuel contract shall include the following objectives: avoid high carbon fuel sources, avoid sources that cause environmental damage to ecosystems or local communities, seek fuel sources with lower than normal carbon footprints, and minimize the use of fuels produced from tar sands. Council softened the impact of the policy by adding the words: “where such effort is reasonably feasible,” in order to pass the resolution now but still allow staff more time to review the matter. AB18880 (Resolution 2010-19) Amended and approved 7-0

123. Add a limited term environmental educator position in the Public Works Department? The first six months will be full-time followed by 18 months of half-time as a job share. This limited- term position will fill the gap while the current environmental educator takes six months of family leave followed by 18 months of part-time work. The environmental educator plays an important role in engaging and educating homeowners on the new stormwater program in the Lake Whatcom watershed. AB18863 (Ordinance 2010-06-34) Approved 7-0

124. Spend $48,000 from the Greenway Endowment Fund for maintenance and restorations of park properties? The Greenway Advisory Committee recommended expenditures of $15,000 at the 9/17/09 meeting and $33,000 at the 4/15/10 meeting. The funds are to be used as follows: $6,000 matching funds for AmeriCorp staff, $4,400 Squalicum Creek landscape restorations, $500 Woodstock plantings, $2,400 Cantrell property vegetative management, $500 Racine/Whatcom Creek Trails plantings, $600 hand tools, $600 potting soil, $13,000 to purchase a commercial lawn mower to be kept and used at Woodstock Farm Park and $20,000 for a septic system study also at Woodstock Farm. This appropriation will reduce the endowment fund balance to $124,435. AB18866 (Ordinance 2010-06-35) Approved 7-0

125. Amend the city building codes? State law requires cities to update building codes adopted by the state Building Code Council. The state building code includes: the international building code, international residential code, international mechanical code, international fuel gas code, international property maintenance code, international existing buildings code, national fuel gas code, liquefied petroleum gas code, uniform plumbing code, Washington State energy code and Washington cities electrical code. As the code permits, the city has made minor changes to the administrative section in order to adapt it to Bellingham’s administrative structure. The code was last amended at the 7/16/07 meeting, vote number 144. AB18867 (Ordinance 2010-06-36) Approved 7-0

Shall the council:

126. Authorize the mayor to sign a settlement agreement with Skeers Construction? This agreement will settle a lawsuit over whether Skeers should pay park impact fees on their 80 acre, 172-lot single-family development near the intersection of Lakeway Drive and Birch Street. The City Council granted the development a preliminary plat approval at the 11/15/99 meeting, vote number 45, with the condition that since approximately 39 percent (31 acres) of the property was dedicated to the city as open space the development would not have to pay parks fees. The City Council at the 2/27/06 meeting, vote number 48, passed park impact fees and decided that the development should pay the difference between the value of the already donated property and the new fees. On 12/28/07, the Bellingham Hearing Examiner ruled in favor of the city, but on 8/22/08 Whatcom County Superior Court ruled in favor of Skeers and the city had to refund $124,000. The city appealed to the state Court of Appeals in September 2008. The terms of the settlement provide credit to Skeers for the 125 lots that abut the open space dedicated to the city. The remaining lots are not entitled to any credit other than park impact fees but the fees will be waved in return for future park and trail development. (Discussed in Executive Session) Approved 6-0. Stan Snapp excused.

127. Authorize the legal department to challenge a ruling by the state Department of Revenue exempting British Columbia residents from state sales tax? The state issued the exemption based on a 1965 state law which provides an exemption for residents of any state or province with sales tax of less than 3 percent. B.C.’s new “harmonized sales tax” is a combination of a 7 percent provincial sales tax and a 5 percent federal goods and service tax. The state ruled that the “harmonized sales tax,” is a value-added tax not a sales tax. (Discussed in Executive Session) Approved 6-0, Stan Snapp excused.

128. Authorize the mayor to sign a removal and access agreement with The Oeser Company for Little Squalicum Creek? As of 7/22, the wording of this agreement had not be finalized. Specifics will be reported in a future issue. (Discussed in Executive Session) Approved 6-0, Stan Snapp excused.

129. Reject a bid for a service body and crane? Forty-one companies perused the cityweb site but only one submitted a bid; the Ferrotek Corporation of Ferndale. The city has strict specifications and dimensions for the machinery, which Ferrotek did not meet. The most important conflicts are: the crane in the bid does not have the horizontal reach needed and is not mounted to the frame, and the winch in the bid is not equipped with the right length cable. The body and crane will be re-bid. (AB18893) Approved 6-0, Stan Snapp excused.

130. Authorize the mayor to award the low bid of $614,760 to Razz Construction of Bellingham for the Boulevard Park Pattle Point trestle renovation? The project includes replacing the concrete footings, the decking, support structure and railings, and widening the walking area. Construction on the 541-foot walkway will begin after Labor Day and is expected to last four months, during which time a trail detour will go along Bayview Drive to 10th Street. Razz Construction was the lowest of nine bidders for the job. (AB18894) Approved 6-0, Stan Snapp excused.

131. Authorize the mayor to reappoint Scot Barg to the Bellingham Public Development Authority? The development authority was created by the council at the 5/5/08 meeting, vote number 136. The authority manages property on the waterfront, central business district, the Old Town neighborhood and other redevelopment projects as directed by the City Council. A board of directors govern the affairs of the authority. The authority is responsible its own debts, obligations and liabilities and the city council may dissolve it. Among other things, the authority manages clean up of toxics on the properties placed under its care. Mr. Barg’s second term and will expire on 7/21/13. (AB18900) Approved 6-0, Stan Snapp excused.

132. Authorize the mayor to award the low bid of $238,925 to Oceanside Construction of Bellingham for improvements to the intersection at 25th Street and Bill MacDonald Parkway? A signal will be installed at the intersection and a left turn lane will be installed on Bill McDonald Parkway to accommodate turns onto 25th Street. Western Washington University and Whatcom Transit Authority will share the cost of this project. The city’s portion will be $100,000. A city engineer estimate the cost of the project at $461,039. Eighty bids were solicited and seven bids were received. (AB18903) Approved 6-0, Stan Snapp excused.

133. Appropriate $3,103,076 for goods and services checks issued from May 28 through June 11, 2010? (AB18904/18905) Approved 6-0, Stan Snapp excused.

134. Appropriate $2,532,404 for payroll checks issued from May 15, 2010 through May 31, 2010? (AB18906) Approved 6-0, Stan Snapp excused.

135. Adopt the annual six-year (2011-2016) transportation improvement program? (Public hearing held at 5/24 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. The initial vote to approve the program failed. An amendment was introduced to change the wording in project 14 from “Project feasibility is being studied…” to “project feasibility will be completed prior to the adoption of the 2012 transportation improvement program to determine physical space available, environmental issues, construction challenges, and possible combination of on- and off-street bike/pedestrian paths.” The amendment was approved resulting in approval of the six-year program. AB18862 (Resolution 2010-20) Amended and approved 4-2, Barry Buchanan and Gene Knutson opposed, Stan Snapp excused.

136. Appropriate $300,000 from the claims and litigation fund to cover costs associated with tort litigation? The city of Bellingham is defending several tort litigation matters that need outside council and other professional services. The word “tort” refers to non-contractual, non-criminal harm done to someone’s rights, body or property. This appropriation reduces the claims and litigation fund to $4,121,000. AB18876 (Ordinance 2010-07-37) Approved 6-0, Stan Snapp excused.

137. Amend the city fire code? State law requires cities to enforce the state fire code; the state recently adopted the 2009 International Fire Code. The previous version of the International Fire Code was approved at the 7/16/07 meeting, vote number 145. AB18878 (Ordinance 2010-07-38) Approved 6-0, Stan Snapp excused.

138. Authorize the mayor to accept a $200,000 state grant for bridge and street design? The money will be allocated to the waterfront redevelopment project. AB18882 (Ordinance 2010-07-39) Approved 6-0, Stan Snapp excused.