Bellingham City Council

Shall the council:

78. Authorize the city to hire outside counsel to file a motion to dismiss the case, Clermont vs. Punches, which has been filed in federal court in Washington, D.C.? Over 60 defendants, including Christine Gregoire, Maria Cantwell, Rick Larsen and 23 individuals with a Canadian address including the prime minister of Canada have been named in a case which involves the violation of an individual’s rights a well as identity theft. The motion to dismiss (movants Gary Smith and Nancy Steiger) cites lack of clarity as the reason to dismiss the case. (Discussed in Executive Session) Approved 7-0

79. Direct staff to proceed with designing bicycle lanes on Dupont/Elm/Northwest streets? At the 12/13/2010 meeting, vote #243, the council passed a resolution directing city staff hold a public meeting to implement bike lanes on the three streets. An open house was held at Shuksan Middle School on 3/23/2011 to provide public input about the proposed bike lanes. At the meeting, a potential design was graphically presented for public comment; the city received approximately 119 comments.1 There were two prevailing issues expressed: (1) people are for the creation of bike lines and (2) they don’t want to loose parking. Construction will begin in 2012. (AB19190) Approved 7-0

80. Authorize the mayor to sign an agreement settling a dispute with the Port of Bellingham regarding the Bellingham airport and potential annexation? In 2008, the city and port became involved in a dispute when the port requested water and sewer connections for proposed projects at the airport and the city wanted to require future annexation as a condition of the extension. The port had paid for and constructed the required infrastructure for the services. Later that same year, the port took the matter to Whatcom County Superior Court. At the 12/15/2008 meeting, vote #348, the council authorized the mayor to sign an agreement to put litigation on hold and for the city and port to work together to resolve the issues. This agreement will settle the dispute over utility services at the airport. The city will extend services to areas of the airport without requiring annexation, and the port will allow the city to annex certain commercial and light industrial properties surrounding the airport. The airport will remain in the UGA and will be subject to future annexation. (AB19191) Approved 6-1, Jack Weiss opposed.

81. Authorize the mayor to appoint Richard Sale to fill a vacancy on the Transportation Commission? The Transportation Commission performs long-range studies in order to provide the city with recommendations on transportation policies and investment priorities. Mr. Sale is general manager of San Juan Sailing and has resided in Bellingham for 10 years. He will fill the vacancy left by Carol Berry; his term will expire on 5/9/2014. (AB19195) Approved 7-0

82. Authorize the mayor to award the low bid of $372 per ton to General Chemical Corporation of Parsippany, N.J., for aluminum sulfate? The water treatment plant uses aluminum sulfate in the filtration process to coagulate particles making them easier to remove from the water. This contract allows two one-year extensions. Sales tax brings the total cost to $404.36 a ton. The city uses approximately 100 tons a year; the estimated cost for 2011 is $40,436. There were 41 bid solicitations viewed and three bids were received. (AB19198) Approved 7-0

83. Authorize the mayor to renew an agreement with the Whatcom Council of Governments to retain the services of a legislative specialist? .The specialist, Tom Parker of Parker Northwest Associates of Seattle, will act as a lobbyist to the state Legislature and will monitor transportation funding issues relevant to Whatcom County. The cost to the city is $7,500. The contract is for the the period 1/1/2011 through 12/31/2011. (AB19200) Approved 7-0

84. Appropriate $2,420,939 for payroll checks issued from April 1 to April 15, 2011? (AB19201) Approved 7-0

85. Authorize the mayor to accept a $403,723 state grant for the Eldridge Avenue municipal landfill site? The total project cleanup is estimated at $779,000; the state will reimburse the city for approximately 50 percent of the cleanup costs. The council authorized the mayor at the 6/7/2010 meeting, vote #116, and amended at the 9/27/2010, vote #190, to sign an agreed order for this work and authorized the mayor to sign a $300,000 grant agreement at the 12/13/2010 meeting, vote #240. The Eldridge Municipal Landfill is located west of the Bellingham Technical College parking lot in the 3100 block of W. Illinois. It covers about 12,650 square feet of Little Squalium Park property which is owned by the county and operated by the city. For a few years in the mid-late 1930s, the city used the site as a “sanitary landfill.” The landfill was included in the 2006 study of the Little Squalicum Park cleanup site; it was listed by the state as a separate site in 2009. The site contains the physical remains of garbage and also the soil is contaminated with PAHs, benzoic acid, pthalates, PCP, cadmium, copper, lead. mercury and zinc. AB19180 (Ordinance 2011-05-24) Approved 7-0

Shall the council:

86. Ratify the Teamsters Local 231 (supervisor and professional unit) contract for 2011-2013? The three-year contract contains the following: there will be a zero percent increase in wages in 2011, but 2 percent increases in 2012 and 2013. The city contribution to benefits will be capped at the lowest cost plan premium, minus the employee share. The employee share on lowest cost plan premiums will be waived for a 12-month period, but effective 7/1/2012 the employee premium share amount will resume as before. The city will provide a 1.5 percent deferred comp match on employee contributions to a 457 account, effective 7/1/2011. The city pays each active member at the time of ratification: $650 on 7/1/2011, if they remain an active member of record at that time. (Discussed in Executive Session) Approved 7-0

87. Authorize the mayor to sign an agreement with Whatcom County, the city of Ferndale and the Port of Bellingham for the shared use of a street sweeper? In April, the city purchased a high-efficiency street sweeper for $290,000. Most of the money ($282,000) came from state grants approved at the 4/12/2010 meeting, vote #83, and 7/12/2010 meeting, vote #145. The sweeper is to be used by all four parties to help comply with the National Pollution Discharge Elimination System’s Municipal Stormwater Permit for Western Washington. Bellingham will be contributing an additional $55-60 thousand toward the purchasing and make-ready charges for the sweeper. The agreement establishes guidelines for sharing the costs of operation and maintenance of the sweeper, as well as disposal of pollutants. The agreement expires on 12/31/2021. (AB19207) Approved 7-0

88. Authorize the mayor to award the low bid of $853,167 to Larry Brown Construction of Bellingham for the Meador/Kansas/Ellis Trail Project? This project will complete the Whatcom Creek Trail system that runs from Bellingham Bay to Lake Whatcom. The trail will be routed along streets (using existing sidewalks where possible) adjacent to the creek through an industrialized area, running along Ellis between Ohio and Kansas, along Kansas between Ellis and Grant and will overlay Meador between Grant and James. The project will include a new pedestrian bridge, stormwater improvements, tree planting, porous concrete, contained rain gardens and infiltration ditches. There were 170 bid solicitations viewed and seven bids were received. (AB19208 ) Approved 7-0

89. Approve the draft letter regarding the proposed Gateway Pacific terminal project? At the May 9 meeting, the council agreed to draft a letter to send to Whatcom County Planning Department and the U.S. Army Corp of Engineers concerning the environmental impact statement that is to be prepared for the Gateway Pacific coal terminal project at Cherry Point. The letter requests that the impacts to the Bellingham community are considered, not just the impacts to the site of the proposed terminal. The letter identifies several areas of concern, including transportation impacts and traffic delays, noise impacts, air quality and economic impacts to property. Another paragraph speaks of the impacts to the Waterfront Redevelopment project that the city and port have underway. Copies of the letter are also being sent to the state Department of Ecology, the state Office of Regulatory Assistance and the Northwest Clean Air Agency. (AB19212) Approved 7-0

90. Authorize the mayor to reappoint Alex McLean to the Greenways Advisory Committee? The Greenway committee provides citizen recommendations to the City Council and the Parks and Recreation Department about Greenway levy expenditures, parkland acquisitions and parks/trails/open space development projects. Mr. McLean served a partial term and is being reappointed to serve a full term which will expire on 5/31/2014. (AB19212) Approved 7-0

91. Appropriate $5,370,0312 for goods and services checks issued from April 8 to May 12, 2011? (AB19214/ 19215/19216/19217/19218) Approved 7-0

92. Appropriate $2,517,599 for payroll checks issued from April 16 to April 30, 2011? (AB19219) Approved 7-0

93. Allow the finance director to appoint an investment officer? The finance director is in charge of the city’s investment program, and has established written guidelines for it. The investment officer will be bonded and trained to manage the program when the finance director is absent. AB19205 (Resolution 2011-07) Approved 7-0

94. Repeal all water and sewer service zones located outside of city limits? The Growth Management Act prohibits the expansion of city services into rural areas unless it is necessary to protect public health and safety in places where urban development is not permitted. In 1979, before the GMA was adopted, the city created service zones in the county where the city could sell water and sewer services and in 1980 the city and county developed an Urban Service Area surrounding the city where urban expansion was expected. In 1990, the city adopted the GMA and designated the Urban Service Area as its Urban Growth Area where water and sewer services are allowed, but in 2004, the city revised its policy to require annexation in order to obtain these services. In 2006, the city repealed the service zones created in 1979, but those created after that time have not been repealed until now. The city will not terminate those services that already exist, but still desires to limit the extension of city services until annexation has taken place, and this policy is consistent with city’s 2009 water and/or sewer plans. AB19189 (Ordinance 2011-05-25) Approved 7-0

95. Adjust the salary of the systems analyst 1 position in the Public Works Department to equal that of the GIS analyst? These two positions are similar in work load and very close in salary except that the GIS analysts get two 5 percent market steps and the systems analyst only gets one. This ordinance will add a second market step to the system analyst position making the salary grade the same as the GIS analyst. AB19199 (Ordinance 2011-05-26) Approved 7-0

¹To read the comments go to: http://www.cob.org/web/council.nsf/webmaterials select the May 9, 2011 meeting and download AB19190.

²Editor’s Note: This figure may not be correct. Goods and services checks for April 8 to 14 and April 15 to 21 were approved at both the April 25 and May 23 meetings. The amounts reported on the agenda bills at the two meetings were different.

The goods and services checks for April 8 to 14 that were approved at the April 25 meeting (AB19185) was for $1,749,937. The goods and services checks for the same time period that were approved at the May 23 meeting was for $835,111 (AB19214).

The goods and services checks for April 15 to 21 that were approved at the April 25 meeting (AB19186) was for $835,111. The goods and services checks for the same time period that were approved at the May 23 meeting was for $961,876 (AB19215).