Bellingham City Council

Action Taken at October 9, 2017 Meeting

Shall the council:

164. Authorize the mayor to sign an agreement (amendment #1) with the Port of Bellingham for infrastructure installation on Granary Avenue and Laurel Street? The city has opened bids and is preparing to award the project for installation, operation and maintenance of casing, conduit, and district energy piping for Granary Avenue and Laurel Street. This amendment modifies the existing agreement to revise and/or include specific municipal services, contaminated soil removal associated with franchise utilities and other infrastructure items to be installed at the port’s expense as part of the project. (AB21700) Approved 7-0

165. Authorize the mayor to award the low bid of $8,710,938 to Ram Construction of Bellingham for construction of Granary Avenue and Laurel Street? The engineer’s estimate was $10,799,933. The Granary Avenue and Laurel Street project involves construction of a new roadway including municipal utilities, sidewalks, a marine outfall, two-way cycle track, landscaping and the Port of Bellingham requested utility infrastructure from Roeder to Cornwall. The city received seven bids, the high bid was $12,268,600. (AB21737) Approved 7-0

166. Receive and spend a federal grant of $194,456 for a trailer mounted containment vessel? The city will need to add matching funds of 25 percent or $64,819 to the Department of Homeland Security grant for a total cost of $259,275. The containment vessel is approved by the Department of Defense Explosives Safety Board to contain 10 repetitive internal detonations of up to six kg. of TNT equivalent material, and is used to improve the safe disposal and transport capabilities of the hazardous devices unit when dealing with high risk materials. (AB21738) Approved 7-0

167. Re-open the trail corridor next to Bellingham Options High School? The paved bike and pedestrian trail that starts at Ohio Street heading northeast into the Sunnyland Neighborhood was modified to allow for the building of Options High School. The previous easement connected to an alley right-of-way that was vacated by council as part of the development. This new easement terminates the old easement recorded on 8/5/2008 and replaces it with a 16’ wide corridor from Ohio to Franklin Street. (AB21739) Approved 7-0

168. Authorize the mayor to award the lowest responsible bid of $2,048,317 to Strider Construction of Bellingham for Waypoint Park? The Whatcom Waterway park is located in the Waterfront District. This project includes beach creation, playground, waterfront trail, art, near shore habitat, and more. Other improvements to the adjoining Central Avenue pier are underway. Together with Central pier, this park encompasses over 1.5 acres of public park development. The low bidder at $2,036,479 was Harcourt Developments Construction of Dublin, Ireland, it was determined to be non-responsive and not in compliance with the mandatory bidder criteria. The third lowest bidder, Ram Construction, protested Strider’s bid, but that protest was rejected. The city received eight bids, the high bid was $3,323,369. (AB21740) Approved 7-0

169. Approve the mayor’s reappointment of Tom Weller to his final term on the Transportation Commission? The commission advises the City Council on transportation planning and transit issues, ensures that transportation investments are consistent with Comprehensive Plan goals, advises the council on parking fees, fines and collection methods, off-street parking contracts and possible expansion of residential parking zones. Mr. Weller, a branch manager/senior civil engineer at TranTech Engineering, was first appointed to a partial term at the 1/27/2014 meeting, vote #12. He was appointed to a four-year term at the 10/13/2014 meeting, vote #197. His final term will expire on 10/24/2020. (AB21744) Approved 7-0

170. Authorize the mayor to sign an agreement (amendment #3) with the Yakima County Department of Corrections for inmate housing? Bellingham is currently limited to booking and short term holding at the main Whatcom County jail. As directed by the Whatcom County sheriff, pre-trial as well as post-conviction inmates are transferred out of the main jail within days after booking. The Yakima County jail provides transportation and full inmate housing services on an as-needed basis at per diem rates that are increasing by four percent in 2018. There continues to be no cost for transportation or booking, and the per diem rate remains significantly lower than the rate charged by the Whatcom County jail. This amendment is for a five-year term and sets forth the increased rates up to $59.85 per day for 0-25 bed use; the annual amount is undetermined for 2018. Yakima County reserves the right to increase the daily rate after giving the city 90 days prior written notification. An agreement with Yakima County to house sentenced inmates was approved at the 4/22/2002 meeting, vote #59, amended at the 12/14/2015 meeting, vote #251, and renewed at the 11/7/2016 meeting, vote #164. (AB21748) Approved 7-0

171. Authorize the mayor to sign a contract with the Bellingham School District to renew the district resource officer program? The school district will reimburse the city $55,000 for one police officer to service 22 schools by fostering educational programs, reporting serious crimes on school property, attending PTA meetings, athletic events, concerts and dances. Council has voted to approve this contract since the 12/10/2012 meeting, vote #241. (AB21750) Approved 7-0

172. Appropriate $2,996,412 for goods and services checks issued from September 16 through September 29, 2017? (AB21751/21752) Approved 7-0

173. Appropriate $3,264,207 for payroll checks issued from September 9 through September 25, 2017? (AB21753) Approved 7-0

174. Approve an exemption to the city’s living wage requirements for the management of Lake Padden Golf Course? The ciy is negotiating with a golf course management company for the operation of Lake Padden Golf Course. An exemption is requested because the required wages under the ordinance passed at the 11/18/2002 meeting, vote #205, would likely exceed what would be paid at comparable private golf courses in this area. The city council may grant an exemption upon making a written finding that compliance with the living wage will cause economic hardship to the city or its citizens or due to special or unforeseen circumstance. The management company will be required to comply with state prevailing wage laws. (AB21754) Approved 5-0-2, Terry Bornemann and Dan Hammill abstained.

175. Authorize the relinquishment of a surplus utility easement located within vacated Taylor Avenue? (Public hearing held) Daniel and Betty Chen have requested that the city relinquish a portion of its retained utility easement to facilitate development of the adjacent land to the south of vacated Taylor Avenue. This is a surplus public utility easement commonly known as 900 20th Street. The city will retain the remainder of the retained utility easement. AB21735 (Resolution 2017-36) Approved 7-0

176. Grant final plat approval for Division 3, phase 2 of The Highlands? The plat consists of 72 lots located on approximately 20 acres northwest of Cemetery Creek. Division 3 consists of 12 single-family, detached lots served by Posey Court, a newly dedicated right of way, east of Newton Street located in the Whatcom Falls Neighborhood. All applicable conditions of the preliminary plat necessary to support Division 3 have either been completed or financial sureties accepted. Division 1 for 17 single-family lots was approved at the 6/29/2009 meeting, vote #141, Division 2 for five lots in 2012, 2A for eight lots in 2014 and 2B for nine lots in 2015. AB21749 (Resolution 2017-37) Approved 7-0

Action Taken at October 24, 2017 Meeting

Shall the council:

177. Spend $160,000 to purchase eight acres off the Y Road. The Lake Whatcom watershed property is adjacent to property owned by the city. It is being purchased to help maintain/improve the drinking water quality in Lake Whatcom with money from the water fund. (Discussed in Executive Session) Approved 7-0

178. Spent $80,000 to purchase 0.88 of an acre off Lake Whatcom Boulevard? The Lake Whatcom watershed property is adjacent to property owned by the city. It is being purchased to help maintain/improve the drinking water quality in Lake Whatcom with money from the water fund. (Discussed in Executive Session) Approved 7-0

179. Extend the lease of the Bellingham Railway Museum? The city first signed a lease with the Railway Museum on 11/13/2003. Since then, the Bellingham Railway Museum has been leasing approximately 2,400 square feet of space in the Commercial Street Garage (previously called the Parkade) for $560 per month. This monthly payment is currently about 70 percent less than market rate. The lease will be extended to 1/31/2021 at the same rate of $560 per month. Leasing space in the Commercial Street Garage for below market rate requires council approval. (AB21757) Approved 6-0, Pinky Vargas excused.

180. Authorize the mayor to sign a cost-sharing agreement with the Port of Bellingham for upkeep and improvements to Waypoint Park? The council first passed the agreement at the 12/9/2013 meeting, vote #271, this agreement sets forth a 50/50 cost sharing with the port for the beach that is part of Waypoint Park. Based on the bid award approved by the council at the 10/9/2017 meeting, vote #168, it finalizes the cost-sharing amount the port will pay for beach work, a base amount of $154,000, which includes 10 percent for quantity overruns. In addition, the port will reimburse the city for 50 percent of any approved change orders. (AB21765) Approved 7-0

181. Authorize the mayor and public works director to sign a funding agreement with the federal government for the operation and maintenance of the stream gauges? The U.S. Department of Interior/U.S. Geological Survey monitors the stream flow discharge and turbidities of Anderson Creek and the Middle Fork of the Nooksack River. The program also monitors the stream flows of Olsen Creek, Carpenter Creek, Euclid Creek, Silver Beach Creek and Brannian Creek. The project budget is $158,360, the federal government will contribute $38,250 and the city of Bellingham $120,110. The agreement runs from 10/1/2017 until 9/30/2018. (AB21768) Approved 7-0

182. Appropriate $3,324,220 for payroll checks issued from September 26 through October 10, 2017? (AB21769) Approved 7-0

183. Appropriate $3,775,021 for goods and services checks issued from September 30 through October 13, 2017? (AB21770/21771) Approved 7-0

184. Set the times and dates for 2018 regular council meetings? Twenty-four meetings are scheduled for 2018, one less than was scheduled for 2017. Meeting time will be 7:00 p.m. Roberts Rules of Order are to be used unless otherwise provided by Charter. The finalized schedule can be found at AB21762 (Resolution 2017-38) Approved 7-0

185. Grant final plat approval for the Edgemoor Manor plat alteration? The alteration will divide two lots at 104 – 106 Bayside Place into four single-family, detached lots approximately one block from Fairhaven Middle School. All applicable conditions of the preliminary plat necessary to support the plat alteration have either been completed or financial sureties accepted. The Bellingham Hearing Examiner issued preliminary plat approval for the alteration on 4/23/2014. Approval of final plat results in additional permit fees and tax revenue, but also requires additional city services, such as police and fire. AB21767 (Resolution 2017-39) Approved 7-0

186. Prohibit the feeding of deer and raccoons within the city of Bellingham with a fine of up to $250? The City Council has received a number of complaints from residents about problems created by feeding wild mammals, including cases of deer charging at dogs and causing injuries, loss of vegetable gardens and landscapes, and vehicle collisions. Many wild mammals have adapted to urban environments and are experiencing steady increases in population. Intentional feeding of wildlife supports additional population growth and further concentrates animals in small areas, hastening the spread of disease in animal populations, increasing the risk of animal deaths in traffic, and increasing human-animal conflicts. The feeding of wild animals by humans can also adversely affect the animal’s health. It was amended to make clear the ordinance does not prohibit the feeding of “wild birds.”AB21715 (Ordinance 2017-10-024) Approved 7-0

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