Bellingham City Council

Action Taken at July 9, 2018 Meeting

Shall the council:
94. Docket amendments to the 2018-2019 Bellingham Comprehensive Plan? (Public hearing held) State law allows cities to amend their comprehensive plans once a year. The first step in the amendment process is to establish the list (or “docket”) of amendment proposals that will be reviewed in the upcoming year. The city received and approved one request in the City Center neighborhood, one request1 in the Sehome/York neighborhoods, one request in the Samish neighborhood, and one request to add new policy language to the comprehensive plan. (AB21995) Items one, two and four approved 7-0. Item three approved 5-2, Terry Bornemann and Gene Knutson opposed.

95. Authorize the mayor to award Job Order Contracting to Colacurcio Brothers of Blaine for two years, with a minimum commitment of $100,000? The city received one proposal from the Colacurcio Brothers of Blaine. At the 5/8/2017 meeting, vote #87, the council approved the use of the Job Order Contracting process for projects which do not exceed $350,000. The city uses a conventional bid process for nearly all Public Works projects, which works well for large projects but can be cumbersome, time consuming and expensive for small-scale projects. Job Order Contracts reduce unnecessary levels of engineering, design, and contract procurement time and costs by awarding multi-year contracts for a variety of renovation, repair and construction projects. It means a contractor agrees to complete each project based on a unit price listed in a book adopted by the city. (AB21996) Approved 7-0

96. Authorize the mayor to award the low bid of $1,749,723 to Colacurcio Brothers of Blaine for Lakeway and Lincoln pedestrian and bicycle safety improvements? The engineer’s estimate was $1,650,718. The project involves the installation and retrofit of four pedestrian signals and one flashing beacon along with hardscape, sidewalks on Orleans and Nevada, traffic calming on Nevada, utility and striping improvements throughout the Puget and York Neighborhoods. The city received eight bids, the high bid was 2,275,449. (AB21997) Approved 7-0

97. Authorize the mayor to award the low bid of $267,143 to Scholten Roofing of Lynden for the reroofing of the North grandstand at the Civic Stadium? This project was identified as one of the needed capital maintenance items for Greenway 4 levy funding, and requires a complete re-roof of the North grandstand, including removal of the existing roof membrane, replacement of existing roof decking, installation of a new modified bitumen roofing membrane and associated metal flashing, and all clean-up. The city received three bids, the high bid was $296,751. (AB21999) Approved 7-0

98. The mayor reappointed John Blethen to the Parks and Recreation Advisory Board? The board advises the City Council, mayor, director of Parks and Recreation, as well as other city departments concerning the formulations of policy and implementation, plans and programs calculated to carry out the duties of maintaining city parks and providing a program for the general welfare of the people of the city. John Blethen was appointed to a partial term at the 2/26/2018 meeting, vote #32. He is the owner of New Whatcom Interiors, 39 years in business.Blethen has been the co-chair of the Larrabee Elementary PTA, chair of the Bellingham Parks board and has served on all four Greenway levies. He helped establish the Bellingham Food Co-op. His first full term will expire on 7/1/2020. (AB22001) Does not require council confirmation.

99. Approve the mayor’s appointment of Michael Plummer and Dana Weigel 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. Michael Plummer is a psychotherapist and amateur ecologist, has lived in the South neighborhood for the past three years and is a Bellingham Park Steward. Dana Weigel has lived in the Roosevelt neighborhood for the past three and one half years and is a budget analyst at WWU. This will be the first term for both, which will expire on 7/9/2021. (AB22002) Approved 7-0

100. Appropriate $5,043,752 for goods and services checks issued from June 9 through June 22, 2018? (AB22003/22004) Approved 7-0

101. Appropriate $3,382,646 for payroll checks issued from June 9 through June 25, 2018? (AB22005) Approved 7-0

102. Authorize the mayor to relinquish a portion of a surplus utility easement on Larrabee Avenue? (Public hearing held) The property is located at 1415 13th Street in a vacated portion of Larrabee Avenue right-of-way between 13th and 14th Streets. Public Works has determined that the easement is surplus to the city’s needs and not required for the provision of public utility services. AB21994 (Resolution 2018-17) Approved 7-0

Action Taken at July 23, 2018 Meeting

Shall the council:
103. Authorize the city to decline to provide David Alan Frick with legal defense? According to The Bellingham Herald, six women filed a civil lawsuit seeking damages against the city of Bellingham and David Alan Frick. Mr. Frick started working part time at the Arne Hanna Aquatic Center in 1996 and became a full-time employee in 2007. The newspaper reports that beginning in mid-2015 Frick began videotaping the women when they used the staff locker room to change. The City Council is responsible for determining whether the actions of an employee that give rise to a suit warrant defense and indemnification. The council determined Mr. David Frick was not acting within the scope of his official duties as a city employee as it relates to this lawsuit and that the city will not provide him with legal defense in this matter. (Discussed in Executive Session.) Approved 7-0

104. Spend $2,750,000 to purchase recreational use/conservation/multiple access easements for approximately 2,182 acres on Galbraith Mountain? Twenty-six tax parcels will be purchased from Galbraith Tree Farm for $3,000,000. The city will pay $2,750,000 and the Whatcom Land Trust an additional $250,000; the city will make a one-time payment of $25,000 to the Whatcom Land Trust to manage the conservation easement. The Galbraith Mountain transaction is for recreational and conservation easements only not a property purchase. The existing mountain bike trails and other recreational uses that have been traditionally allowed by the private property owner will now be made “official” and permanent by recording easements for the recreational use. Greenways Levy funds will be used for this transaction. (Discussed in Executive Session.) Approved 7-0

105. Amend the agreement with Whatcom County concerning Bellingham’s Urban Growth Area? Under the terms of the new agreement the city may have to reimburse the county for tax income lost and/or for money spent by the county for improvements in areas the city annexes. Whatcom Couny contends that the city of Bellingham needs to reimburse the county $50,000 for roadway improvements made to the Bennett/Bakerview/Airport Drive annexation area. The city’s Public Works Department has reviewed the list and acknowledged these projects qualifying for reimbursement. At the 8/6/2007 meeting the City Council reviewed the property owner annexation petition for approximately 175 acres within the city’s Northern Urban Growth Area. At 11/19/2007 meeting, vote #248, the city initiated the review process for the Bennett/Bakerview/Airport Drive annexation. The property owners within the annexation area submitted a 75 percent annexation petition on 7/16/2009 and the county assessor issued a certificate of sufficiency on 7/31/2009. Notice of intention for the Bennett/Bakerview/Airport Drive annexation area was forwarded to the Whatcom County Boundary Review Board and accepted on 3/31/2010. This reimburse doesn’t become effective until the city approves the Bennett/Bakerview/Airport Drive annexation. (AB22009) Approved 7-0

106. Approve the mayor’s initial appoinment of nine members to the Climate Action Plan Task Force? The Climate Action Plan Task Force was created at 5/7/2018 meeting, vote #65, as part of the 2018 Climate Protection Action Plan to develop 100 percent renewable energy goals and deliver a final report in the last quarter of 2019. Members will include individuals with experience in fields such as renewable energy, energy conservation, land use, energy/resource economics, community engagement, transportation, or finance, one representative from energy utilities and one from public transportation. The mayor appointed Lynn Murphy, Rick Nicholson, Charles Barnhart, Erin McDade, Christine Grant, Don Goldberg, Derek Long, Mark Schofield and Jill MacIntyre Witt. Approved 7-0. April Barker Dan Hammill moved to amend the number of task force members from eight to nine members. (AB22015) Approved 7-0

107. Authorize an the mayor to sign an agreement with the National Purchasing Cooperative? The agreement will facilitate compliance with state procurement requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings, for cooperative members. Governmental entities outside of Texas join the National Purchasing Cooperative to access BuyBoard and take advantage of the streamlined purchasing process that complies with procurement laws of each participating state. Membership is free. (AB22016) Approved 7-0

108. Appropriate $60,000 from the Library Gift Fund? The library board has identified $20,000 for materials and $40,000 for architectural consulting services for interior space planning at the central library. (AB22017) Approved 7-0

109. Authorize the mayor to award the only bid of $77,019 to Lummi Nation Construction Company of Bellingham for pickleball court conversion at Cornwall Park? Engineer’s estimate was $141,006. This conversion consists of modifying two of the existing four tennis courts to six pickleball courts. The game started during the summer of 1965 on Bainbridge Island at the home of Joel Prichard. Pickleball is becoming an increasingly popular activity in Bellingham and currently there are no regulation public pickleball courts. The converted courts shall meet current USA Pickleball Association guidelines and include demolition, resurfacing, striping, and fencing. This project was identified as a priority in the 2017-2018 mid-biennium budget adjustments. (AB22018) Approved 7-0

110. Appropriate $7,060,226 for goods and services checks issued from June 23 through July 13, 2018? (AB22019/22020/22021) Approved 7-0

111. Appropriate $3,464,326 for payroll checks issued from June 26 through July 10, 2018? (AB22022) Approved 7-0

112. Amend Federal Emergency Management Administration requirements? FEMA is requiring minor amendments to the Bellingham Municipal Code, Construction in Floodplains, in order to meet minimum standards as required by the National Flood Insurance Program. The proposed amendments are minor and are designed to minimize damage and losses due to flooding within floodplains as well as maintain and improve both floodplain function in terms of floodwater conveyance and the protection of essential fish habitat. These amendments are required to maintain the city’s eligibility in the Flood Insurance Program. AB21980 (Ordinance 2018-07-012) Approved 7-0


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