Bellingham City Council

Action Taken at July 6, 2015 Meeting

Shall the council:

126. Grant a noise variance to Puget Sound Energy for night work in the 2200 block of James and Iron streets? The project is located in the alley behind 2233 James Street. The intention is to perform the work at night to alleviate the outages for commercial customers on James Street. The business at 2237 James Street closes at 9 p.m. Construction work in residentially zoned areas between 10 p.m. and 7 a.m. requires a noise variance. (AB20877) Approved 7-0

127. Authorize the mayor to award the low bid of $343,528 to Oceanside Construction of Bellingham for phosphorus treatment? This project provides for phosphorous treatment of stormwater associated with areas draining to Huntington Street and Shepardson Street between E North Street and Silver Beach Avenue. The engineer’s estimate was $328,309. This project is financed with a state grant up to a maximum of $432,560. Costs above that amount will come from city funds for Lake Whatcom phosphorus control. The city received two bids; the second bid was $542,130. (AB20878) Approved 7-0

128. Reject all bids and rebid a project to enhance water quality for Padden Estuary? This state grant funded project provides for enhanced treatment of stormwater associated with approximately 90 acres in Fairhaven draining into Padden Creek. Work includes construction of drainage structures and facilities within the Harris Avenue right-of-way between 6th Street and 9th Street, as well as a large treatment facility in the 8th Street right-of-way between Mackenzie Avenue and Harris Avenue. The city received four bids; the lowest bid was submitted by Faber Construction in the sum of $1,046,054. The second lowest bidder, Award Construction, Inc., submitted a bid protest, based on Faber not naming a subcontractor in the bid. The protest resulted in all bids being rejected. (AB20880) Approved 7-0

129. Modify a lease with the Lake Padden Golf Course? At the Lake Padden Golf Course, the annual number of rounds played has decreased 23 percent over the last seven years. With a drop in corresponding revenues, the golf course has been unable to stay financially viable. This lease modification reduces the annual payment by 23 percent from $219,656 to $150,195. In addition, regular maintenance activities have been shifted from the city to the tenant, reducing the lease payments an additional 11 percent. Other modifications to the lease have been made to clarify the duties of the landlord and the tenant. The new lease amount is the minimum needed to fully cover the city’s maintenance and operating costs for the golf course. (AB20881) Approved 7-0

130. Authorize the mayor to award the low bid of $378,833 to P&P Excavation of Bellingham for construction of a Cordata Trail connection? The new trail will connect Cordata Park at Horton Road to Cordata Elementary School. Construction includes 1,700 linear feet of trail, a pedestrian bridge, and environmental mitigation planting. Razz Construction of Bellingham submitted a bid protest; staff reviewed the protest and recommended that council reject the protest and award the bid to P&P Excavation. The city received seven bids; the highest bid was $418,837. (AB20882) Approved 7-0

131. Approve the mayor’s appointment of Angela Nelson to the Lake Whatcom Watershed Advisory Board? The board advises the city on the purchase, management, maintenance and use of properties within the Lake Whatcom watershed. Angela Nelson is a certified professional in stormwater quality and has lived in Whatcom County and Bellingham for the past 20 years. This will be her first term; it will expire on 7/6/2018, at which time she may be reappointed. (AB20889) Approved 7-0

132. Authorize the mayor to sign an agreement (modification #1) with the Skagit River Systems Cooperative to conduct estuary and nearshore salmonid assessment? This modification will allow for data collection in Bellingham Bay, drop two sites from the study in a Nooksack estuary which have been cut off from the river, and share diet and DNA sampling information with the Salish Sea Marine Survival Study. Previous council action included approval of an interlocal agreement with Skagit River Systems Cooperative on behalf of the Skagit River Systems Cooperative and Swinomish Indian Tribal Community for estuary and nearshore sampling. (AB20890) Approved 7-0

133. Authorize the mayor to sign an agreement with the Lummi Nations for sampling of Nooksack estuary juvenile salmonid? The Lummi Nation and the city of Bellingham are working cooperatively to improve the management of salmon resources in the Nooksack area. Data will include fish catch and size (by species and mark), trapping effort by date, and data on local environment (temperature, salinity, depth, and habitat type). Previous Council action included approval of Interlocal Agreement with Skagit River Systems Cooperative on behalf of the Skagit River Systems Cooperative on behalf of the Sauk-Suiattle Indian Tribe and Swinomish Indian Tribal Community for Estuary and Nearshore sampling. The city will pay the Lummi Nation a lump sum of $21,500. The agreement commences on 2/1/2015 and terminates on 9/30/2015. (AB20891) Approved 7-0

134. Appropriate $60,000 of a state grant for a Yew Street sidewalk? Approximately 325 linear feet of sidewalk will be constructed on the east side of Yew St. from Texas St. to Alabama St. The improvements are expected to be completed this summer. (AB20892) Approved 7-0

135. Appropriate $5,519,089 for goods and services checks issued from June 5 through July 3, 2015? (AB20893/20894/20895) Approved 7-0

136. Appropriate $5,613,416 for payroll checks issued from May 23 through June 25, 2015? (AB20896/20897) Approved 7-0

137. Accept a $5,000 contribution from the Lummi Indian Business Council for computer hardware? The Lummi Indian Business Council held their annual Community Service Awards event and awarded the donation to the Office of Emergency Management. The funds will be used to purchase network connected time-keeping hardware that will enhance the community’s Emergency Coordination Center. AB20863 (Ordinance 2015-07-027) Approved 7-0

138. Establish the position of warrant officer at the Bellingham Police Department? Warrant officers are limited-authority police officers who are authorized to serve warrants and court orders, among other duties. Effective 7/24/2015, state law will require law enforcement agencies that employ warrant officers to establish the position by enacting an ordinance specifying the number, qualifications and authority of the warrant officers. Consistent with the new law, this ordinance will establish the position of warrant officer at the Bellingham Police Department and specify their number, qualifications and authority. The Bellingham Police Department currently employs two warrant officers. AB20864 (Ordinance 2015-07-028) Approved 7-0

139. Authorize the city to waive up to 80 percent of transportation, park and school impact fees and utility system development charges for qualified low-income housing projects? An exemption for low-income housing was previously allowed in 2012, but required the impact fees to be paid from public funds other than impact fee accounts. There are currently 196 units of low-income housing in the city’s funding cue. An 80 percent exemption might result in a fiscal impact of over $800,000 to the transportation, park and school impact fee accounts, and an additional $800,000 to the water, sewer, surface and stormwater funds. AB20866 (Ordinance 2015-07-029) Approved 7-0

140. Appropriate $88,634 for a Bioretention Hydrologic Performance Study? The city of Bellingham has entered into an interagency service agreement to do work for the state of Washington. The city’s work will consist of studying the hydrologic effects of Bioretention Stormwater Facilities, commonly known as engineered rain gardens. AB20875 (Ordinance 2015-07-030) Approved 7-0

Action Taken at July 27, 2015 Meeting

Shall the council:

141. Authorize the mayor to sign a settlement agreement for property located at 301 and 315 N. Samish Way? The City Council at the 10/27/2014 meeting, vote #220, declared the Aloha Motel to be a neighborhood blight because of violent crimes, prostitution, illegal drug activity and methamphetamine contamination present and occurring on the property. A condemnation action was filed by the city of Bellingham on 10/28/2014 to acquire the property pursuant to Washington’s Condemnation of Blighted Properties Act. The following terms will apply: a) The city will pay to the Yi family $1,588,512 as compensation for the property located at 301 and 315 N. Samish Way; b) The parties will dismiss the pending lawsuit and appeal with prejudice and without an award of attorney’s fees or costs. Closing is expected to occur on 9/1/2015. (Discussed in Executive Session) Approved 7-0

142. Authorize the mayor to award the low bid of $332,625 to Bianchi Construction of Mt. Vernon for Carl Cozier safe routes to school? This project includes the installation of a sidewalk, curb and gutters, illumination, and ADA ramps along the north side of Gladstone Street east of Frank Geri Fields, and the installation of marked crosswalks, curb bulbs, ADA ramps, signage, and flashing school zone beacons at the intersection of Lincoln and Potter Streets near Carl Cozier Elementary School. The engineer’s estimate was $272,459. The city received four bids, the high bid was $439,020 .(AB20900) Approved 7-0

143. Authorize the mayor to sign agreements with Whatcom County and the Lake Whatcom Water and Sewer District to finance the 2015 Aquatic Invasive Species boat inspection program? At the 10/24/2011 meeting, vote #210, the City Council directed staff to develop an aquatic invasive species prevention program after Asian clams had recently been discovered in Lake Whatcom. At the 7/23/2012 meeting, vote #140, the City Council directed the city to begin a watercraft inspection program. The city of Bellingham will provide the boat inspection services on behalf of the Lake Whatcom Management Program. The proposed agreement is consistent with the level of service direction provided by the City Council, County Council and the Lake Whatcom Water and Sewer District Commissioners. Net cost to the city of Bellingham will be approximately $95,000. (AB20906/20907) Approved 5-2. Jack Weiss and Terry Bornemann opposed.

144. Approve the mayor’s appointment of Katie Stephens and Eric Scott to the Parks and Recreation Advisory Board? Katie Stephens is a social work intern at the Center for Independence, has lived in Bellingham for eight years, and has a degree in therapeutic recreation from WWU. Eric Scott has lived in Bellingham for over fifteen years, is an engineer and a member of the Birchwood Neighborhood Association. Katie Stephens will be appointed to a full term that expires on 7/1/2017. Eric Scott will be appointed to a partial term that expires on 1/24/2017. Both may be reappointed. Approved 7-0

145. Authorize the mayor to award the only bid of $198,836 to CLK Construction of Bellingham for City Hall upgrades? Improvements will be made to the fire detection and alarm systems, including upgrading of horn strobes, replacement of initiating stations and detectors with addressable devices, installation of fire sprinkler supervision switches, door hold-opens, and emergency voice notification. The engineer’s estimate was $157,773. (AB20917) Approved 7-0

146. Authorize the mayor to award the low bid of $227,714 to Henifin Construction of Bellingham for Yew Street sidewalk and water main replacement? The sidewalks and the water main along the east side of the roadway will be replaced, and bioretention will be constructed between the sidewalk and edge of pavement. The engineer’s estimate was $227,431. The city received seven bids; the high bid was $347,098. (AB20918) Approved 7-0

147. Appropriate $2,953,161 for payroll checks issued from June 26 through July 10, 2015? (AB20919) Approved 7-0

148. Appropriate $ 4,914,323 for goods and services checks issued from June 26 through July 16, 2015? (AB20920/20921) Approved 7-0

149. Reappropriate $1,313,000 for expenditures inadvertently left out of the reauthorization ordinance? During the reauthorization process some planned expenditures were inadvertently omitted from the ordinance approved at the 5/4/2015 meeting, vote #86. This vote provides expenditure authority for the C Street railroad crossing, Central Business District cameras, utility service, the Boulevard Park sewer improvements, the Syre Building roof replacement and the City Hall fire panel. AB20879 (Ordinance 2015-07-031) Approved 7-0

150. Appropriate $60,000 of a state grant for a Yew Street sidewalk? Approximately 325 linear feet of sidewalk will be constructed on the east side of Yew St. from Texas St. to Alabama St. See vote 146 for the low bid award to Henifin Construction. AB20892 (Ordinance 2015-07-032) Approved 7-0