Bellingham City Council

Shall the council:

134. Authorize the mayor to sign a one-year labor contract with the International Association of Fire Fighters Local 106 and Local 106S? The agreement for 2010 contains the following terms: zero wage increase; no change to the health plan and an option to convert the employer’s deferred compensation to longevity pay in the last five years of employment. The changes are expected to result in a combined savings of approximately $650,000. (Executive Session) Approved 7-0

135. Authorize the mayor to award the lowest responsible bid of $415,183 to Faber Brothers of Lynden for improvements to Franklin Park? Located on the corner of Grant and Whatcom streets, this 1.3 acre park was developed 30 years ago. The improvements include replacing a retaining wall and half the basketball court, renovation of the playground, construction of pathways and a picnic shelter, landscape plantings, improved lawn drainage, sidewalk improvements, added tables and benches etc. The number of bids solicited was not recorded, six bids were received. The low bid of $364,091 from HB Hanson Construction was rejected due to an incomplete bid form. (AB18488) Approved 7-0

136. Authorize the mayor to award the lowest valid bid of $280,667 to Colacurcio Brothers of Blaine for pedestrian crossings? The transportation improvement program identifies five locations for this work: York/Railroad, Samish/Newell, Lakeway/Grant, Alabama/Grant and Maplewood/Northwest. This project includes $349,948 in federal funds from the American Recovery and Reinvestment Act. Ninety-eight bids were solicited and nine bids were received. The two lowest bids were rejected because they failed to meet federal requirements. (AB18489) Approved 7-0

137. Consider a sixth1 supplemental agreement with the Port of Bellingham regarding The Waterfront District. The council voted on five motions. Motion 1: reaffirm the city’s interest in planning and implementing a waterfront redevelopment project with the Port of Bellingham? Approved 7-0. Motion 2: delay adoption of the sixth supplemental agreement until the the existing buildings study is completed? Failed 3-4, Gene Knudson, Terry Bornemann, Barry Buchanon and Louise Bjornson opposed. Motion 3: authorize the mayor to sign the sixth supplement agreement with the port of Bellingham in the amount of $332,500? Approved 4-3, Barbara Ryan, Stan Snapp and Jack Weiss opposed. Motion 4: direct staff to work with the port to provide transportation alternatives in the master plan and other pending documents as appropriate? Withdrawn. Motion 5: direct staff to work with the port to provide transportation alternatives that must meet or exceed what would be expected with perimeter-only parking structures and significant reductions of on and off-street parking throughout the core of the site? Staff will report to the council at approximate six-week intervals on progress and challenges concerning this direction. Approved 6-1, Louise Bjornson opposed. The port commission approved the sixth supplemental agreement at the 7/7/09 meeting, vote number 110. (AB18491)

139. Amend the 2009 action plan of the 2008-2012 consolidated action plan? The action plan designates city use of federal funds for low- and moderate-income households. The 2009 action plan was approved at the 10/20/08 meeting, vote number 294. The city will receive more federal funds than was estimated (see 7/13/09 meeting, vote number 153). There are also changes in the letter of credit and revolving loan fund amounts that was not allow the original action plan. AB18485 (Resolution 2009-19) Approved 7-0

140. Deny water service to a proposed subdivision on Governors Point? (Public hearing held on June 15) On 2/13/09, the Governors Point Development Company requested a water contract with the city for a proposed 141-lot subdivision on Governors Point. The city denied the request on 3/6/09, citing as the reasons: extending water to an area outside the city’s UGA is prohibited by city ordinance and the Growth Management Act and the city has no prior contractual history with the development company. The company filed an appeal, the city denied the appeal on 3/20/09. The company claims that the city has been supplying water to Governors Point through a four inch water main since 1954, and that a development company currently purchases the water and redistributes it to occupied parcels on the point. The city found no record of ever selling water to the development company and says that over 20 years ago the four inch main was replaced with a one inch main, which services only a single dwelling which is within the city limits. AB18463 (Resolution 2009-20) Approved 7-0

141. Grant final plat approval for 17 single-family lots in Division 1, phase 2 of The Highlands? This development is not the same as The Highlands development that received final plat approval for 16 single-family lots at the 6/23/03 meeting, vote number 108, and 11 single-family lots at the 12/13/04 meeting, vote number 272. This proposal consists of 72 lots located on approximately 20 acres northwest of Cemetery Creek. It includes the construction of Lopez Street. into the property from Yew Street. The plat requirements include at least 15 percent open space with connecting links to parks, compatibility with existing topography and preservation of natural resources such as trees, wooded areas, wetlands, streams and wildlife habitat. AB18497 (Resolution 2009-21) Approved 7-0

142. Allow property owners in a transfer of development rights receiving zone to increase the number of dwelling units that could be built by paying a fee to the Lake Whatcom Watershed Property Acquisition Program? (Public hearing held) This ordinance relates to development rights receiving zones in the Guide Meridian/Cordata, King Mountain, Meridian and Mount Baker Neighborhoods. The receiving zones were formally designated as such by the city and county during the 90s, only the fee is new. AB18464 (Ordinance 2009-06-37) Approved 7-0

143. Appropriate $50,000 from the street fund to pay for the Little Squalicum Creek shoreline feasibility study and near shore restoration project design? At the 6/15/09 meeting, vote number 126, the mayor was authorized to enter into an agreement with the state for the Little Squalicum Creek project. The $50,000 will be reimbursed by the state. AB18470 (Ordinance 2009-06-38) Approved 7-0

144. Appropriate $225,000 from the water fund as the city’s share of the settlement agreement with the Mount Baker School District to resolve litigation related to the Lake Whatcom Landscape Plan? The landscape plan restricts timber harvest and associated roads on steep slopes and near streams in the watershed to help protect Lake Whatcom’s water quality. The Mount Baker School District receives timber harvest proceeds from state forest trust lands in the watershed. In September 2008, the city (9/8/08 meeting, vote number 252), Whatcom County (9/23/08 meeting, vote number 182) and the state Dept of Natural Resources agreed to settle with the Mt Baker School District. Under the terms of the settlement, the state must pay $725,000 and the city and county must jointly pay $375,000 by 7/1/09. Unless the state approves changes to school funding laws, the city and county will have to pay an additional $100,000 by July 2010, of which the city’s share will be $67,000. AB18471 (Ordinance 2009-06-39) Approved 7-0

145. Adopt development regulations in the Lake Whatcom watershed and amend the Lake Whatcom reservoir chapter of the municipal code? (Public hearing held on 5/4) Last year, in response to the state findings on the deteriorating water quality of Lake Whatcom, the city adopted (5/20/08 meeting, vote number 154) and extended (9/15/08 meeting, vote number 265 and 3/9/09 meeting, vote number 45) a moratorium on building in the watershed. At the 9/15/08 meeting, the City Council initiated the public review process for amendments to the municipal code as it concerns the lake’s water quality. This ordinance is designed to help the city meet the goals set forth by the state’s Total Maximum Daily Load study by establishing land use controls, limits on permitted uses, paving and land disturbing activities. AB18472 (Ordinance 2009-06-40) Approved 7-0

146. Amend the stormwater management section of the Bellingham Municipal Code? The proposed amendments relate to management of stormwater in basin one of Lake Whatcom and implement best practice stormwater management as required by federal and state regulating authorities. AB18473 (Ordinance 2009-06-41) Approved 7-0

¹The original agreement was approved at the 12/13/04 meeting, vote number 271. Supplement 1 at the 7/24/06 meeting, vote number 176; supplement 2 at the 12/11/06 meeting, vote number 309; supplement 3 at the 3/12/07 meeting, vote number 49; supplement 4 at the 8/21/07 meeting, vote number 169 and supplement 5 at the 11/19/07 meeting, vote number 241.