Bellingham City Council

Action Taken at August 10, 2015 Meeting

Shall the council:

151. Authorize the mayor to sign a settlement agreement in the amount of $25,659? Claim payments in excess of $15,000 requires City Council approval. A drainage pipe was damaged  when a water meter was installed at 3435 Pinehurst Court. On 11/25/2014, approximately three feet of water was discovered under the house. Water damage and mold destroyed items like clothes, shoes, toys, etc. that had been stored in the space for later shipment to the needy overseas. The insurance company paid the homeowner $24,659 for damage to the building and the contents. There was a $1,000 deductible. (Discussed in Executive Session) Approved 7-0

152. Authorize the mayor to award the low bid of $1,197,145 to Faber Construction of Lynden for enhanced stormwater treatment at the Padden Creek Estuary? Approximately 90 acres between 6th Street and 9th Street in Fairhaven drain into Padden Creek. Drainage structures and facilities will be constructed, as well as a large treatment facility in the 8th Street right-of-way between Mackenzie Avenue and Harris Avenue. The engineer’s estimate was $999,563. The city received five bids; the highest bid was $1,438,314. (AB20924) Approved 7-0

153. Adopt the Whatcom County Multi-Jurisdictional Natural Hazards Mitigation Plan? Meant to plan for disasters before they happen, this plan must be adopted in order for the city to qualify for federal post-disaster funds and must be re-adopted every five years. The plan was first adopted at the 5/9/2005 meeting, vote #100 and updated at the 9/12/2011 meeting, vote #179. (AB20925) Approved 7-0

154. Authorize the mayor to sign an agreement with Whatcom County to provide stormwater maintenance services for the county’s portion of the Lake Whatcom watershed and city’s UGA? In 2016, the city will add three stormwater employees and a new vactor truck. The county will pay all costs incurred plus 15 percent overhead. (AB20926) Approved 7-0

155. Authorize the mayor to accept a $200,000 grant from the Rose Foundation of Oakland, CA, for restoration of the Little Squalicum Creek Estuary? The 1.42-acre intertidal estuary and salt marsh is just east of the Nooksack River delta in Whatcom County. The grant required the city to secure $400,000 in matching funds. The city secured a $210,000 state grant and $100,000 from the Port of Bellingham. The city will contribute the remaining $90,000. (AB20929) Approved 7-0

156. Approve the mayor’s appointment of Skylar Hinkley to the Greenway Advisory Committee? The committee provides recommendations to the City Council and the Parks and Recreation Department about Greenway levy expenditures, parkland acquisitions and parks/trails/open space development projects. Appointments shall be for three-year terms, with a two term limit. A resident of Bellingham since 2007, Skylar Hinkley is currently employed by Kulshan Cycles, has a BA in urban planning and sustainable design, and has participated in the WWU planning program in conjunction with the city of Bellingham. The appointment is to a partial term that expires on 10/28/2016, at which time Skylar may be reappointed. (AB20934) Approved 7-0

157. Authorize the mayor to sign an agreement with the state of Washington for the local source control program? Since 2009, (7/27/2009 meeting, vote #156) the city of Bellingham has had a cooperative agreement with the Department of Ecology to provide staffing for DOE’s local source control program. This program funds city employees to provide education and outreach to small businesses on the proper practices to deal with hazardous or dangerous waste, aids business owners in maintaining compliance with federal, state and local codes for such materials and protects our stormwater, sewer, and lands from contamination. This agreement will add $178,809 in revenue for the 2015-2017 biennium. It commences on 7/1/2015 and expires on 6/30/2017. (AB20936) Approved 7-0

158. Appropriate $3,203,929 for goods and services checks issued from July 17 through July 30, 2015? (AB20937/20938) Approved 7-0

159. Amend the City Council rules of procedure and guidelines for public comment and public hearings? The rules were adopted at the 6/23/2014 meeting, vote #128. A code of conduct — conflict of interest clause needs to be added for the city to be eligible for Housing and Urban Development grants. AB20884 (Resolution 2015-12) Approved 7-0

160. Appropriate $35,000 from the library gift fund? The fund (donations from organizations and individuals) will be used to purchase digital media ($30,000), staff development ($3,000) and summer reading software ($2,000). AB20904 (Ordinance 2015-08-033) Approved 7-0

161. Extend an emergency ordinance establishing interim zoning rules for facilities producing, processing or retailing recreational marijuana? (Pubic hearing to be held within 60 days). The emergency ordinance was first passed at the 7/1/2013 meeting, vote #142, extended at the 8/12/2013 meeting, vote #176, 8/4/2014, meeting, vote #161 and 2/9/2015 meeting, vote #34. This proposed renewal makes no changes to the previously adopted interim rules and will continue to allow individuals to apply for licenses as authorized by I-502 for the next six months, while the city studies the land use impacts. AB20931 (Emergency Ordinance 2015-08-034) Approved 7-0

Action Taken at August 31, 2015 Meeting

Shall the council:

162. Authorize the mayor to sign an agreement with Western Washington University and the Whatcom Transportation Authority to fund sidewalk improvements on Lincoln Street? From from Maple to Byron streets, new sidewalks, street lighting, stormwater facilities and ADA facilities will be constructed along the east side of Lincoln Street near the Lincoln Creek Transportation Center. Total cost of the project is estimated to be $530,000, the city’s contribution will be $147,000. (AB20942) Approved 7-0

163. Authorize the mayor to award the low bid of $986,000 to Xylem Water Solutions of Zelienople, PA, for a dissolved air flotation (pre-treatment) system? Approximately 30 percent of the Water Treatment Plant project has been designed; the dissolved air flotation system has been procured early to facilitate the design process. The city received two bids, the high bid was $1,052,437. The engineer’s estimate was $1,390,000. (AB20943) Approved 7-0

164. Authorize the mayor to sign an agreement with the state of Washington (amendment #1) for the Little Squalicum Creek Estuary restoration project? The city of Bellingham has been awarded a $200,000 grant from the Rose Foundation (vote #155) for the construction of the Little Squalicum Creek Estuary restoration project. This vote confirms that the matching funds have been secured, adding an additional $100,000 from the state of Washington for a total of $710,000. (AB20952) Approved 7-0

165. Appropriate $8,672,997 for payroll checks issued from July 11 through August 25, 2015? (AB20953/ 20954/20955) Approved 7-0

166. Appropriate $6,662,869 for goods and services checks issued from July 31 through August 20, 2015? (AB20956/20957/20958) Approved 7-0

167. Relinquish a 30-foot water utility easement located at Division Street and the Bakerview Spur? (Public hearing held) On 2/17/1998, the City Council annexed 219 acres, commonly known as the Bakerview Spur. The easement is surplus to the city’s needs and is not required for providing continued public utility services. AB20940 (Resolution 2015-13) Approved 7-0

168. Update a 20-year population forecast? (Public hearing held on July 27) The process to update Bellingham’s comprehensive plan includes providing final recommendations to Whatcom County regarding 20-year population and employment growth forecasts and potential changes to the Bellingham urban growth boundary. Council approved the resolution with the following changes: a medium growth, high employment growth forecast, the south Caitec property be kept in reserve status, and Yew Street to be kept in reserve. AB20898 (Resolution 2015-14) Amended and approved 5-2, Roxanne Murphy and Jack Weiss opposed.

169. Adopt social media guidelines for Bellingham City Council members? These guidelines will be helpful when setting up and operating social media consistent with state law. Social media may be useful in providing information about official council actions; it requires the opinions or views of individual City Council members to be clearly indicated as individual opinions or views; and will refrain from personal criticisms of City Council members or Council actions, although differences of opinion may be expressed in a respectful manner. AB20948 (Resolution 2015-15) Approved 7-0

170. Appropriate $57,068 to purchase a vehicle for the community paramedic program? The fire department has been awarded a $51,880 federal grant — plus $5,188 in city matching funds — to purchase a non-transport vehicle. AB20928 (Ordinance 2015-08-035) Approved 7-0

171. Reclassify one position from senior planner to department manager 2? The occupation will now be an E-Team position. The increase in salary will be funded through the development services fund with no impact on the general fund. AB20935 (Ordinance 2015-08-036) Approved 7-0

Action Taken at September 14, 2015 Meeting

Shall the council:

172. Authorize the mayor to sign a settlement agreement in the amount of $22,500? Claim payments in excess of $15,000 requires City Council approval. On October 3, 2012, Patricia Hollier was walking on North State Street in front of D’Anna’s Cafe Italiano when she tripped on an uneven sidewalk and fell. She sustained a broken kneecap in two spots, injured her hands and had bruising on her hands, chest, and right leg from the hip to below her knee. She was treated at St. Joseph Hospital’s emergency room and received follow-up care from Dr. James D. Holstine. Ms. Hollier shall dismiss the civil action she filed in Whatcom County Superior Court and assume all risks related to her injuries. (Discussed in Executive Session) Approved 7-0

173. Authorize the mayor to award the low bid of $437,983 to Faber Construction of Lynden for a sidewalk on Lincoln Street? Western Washington University, Whatcom Transportation Authority, Transportation Improvement Board and the city of Bellingham have formed a partnership to construct 1,100 feet of five-foot wide pervious concrete sidewalk along the Lincoln Street frontage of WWU’s Lincoln Creek Transportation Center. The sidewalk from E. Maple to Byron will be separated from the street with a four-foot landscaping strip with street trees, and will include installation of street lighting. The engineer’s estimate was $318,192. The city received three bids, the highest bid was $464,528. (AB20961) Approved 7-0

174. Authorize the mayor to sign the consent decree for 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. The site contained the physical remains of garbage and soil contaminated with PAHs, benzoic acid, pthalates, PCP, cadmium, copper, lead. mercury and zinc. At the 6/7/2010 meeting, vote #116, the council authorized the mayor to sign an agreed order to draft a cleanup action plan. The cleanup action plan approved the removal of contaminated soil, wetland planting, fencing and signage, as well as the recording of a restrictive covenant to maintain the integrity of the remedial action. At the 7/25/2011 meeting, vote #142, Glacier Environmental Services of Mukilteo was awarded the contract to remove contaminated soil. (AB20969) Approved 7-0

175. Approve the mayor’s reappointment of Alice Shilhanek to the Lake Whatcom Watershed Advisory Board? The board advises the city on the purchase, management, maintenance and use of property within the watershed. Ms. Shilhanek is a retired geologist who has been a Whatcom County resident since 1984. This will be her second term; it will expire on 10/22/2018. (AB20972) Approved 7-0

176. Appropriate $5,296,061 for goods and services checks issued from August 21 through September 3, 2015? (AB20974/20975) Approved 7-0

177. Set October 14 as the date for a public hearing before the Bellingham Hearing Examiner to consider a petition to vacate a portion of the Samish Way/37th Street alley? The city has received a petition to vacate the northwesterly 500 feet of the Samish Way/37th Street alley south of Consolidation Avenue and adjacent to 105 Samish Way. AB20973 (Resolution 2015-16) Approved 7-0

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