Bellingham City Council

Compiled by Boris Schleinkofer

Action Taken at March 11, 2019 Meeting

Shall the council:
44. Relinquish a portion of a utility easement located on the north right-of-way boundary of Barkley Boulevard, between unimproved Rimland Drive and St. Clair Street? (Public hearing held.) The right-of-way relinquished abuts the property addressed as 3220 Newmarket Street/2421 Barkley Boulevard containing an area roughly 73,499 square feet. On 8/5/1994, Talbot Investment Company granted to the city of Bellingham an exclusive easement for sidewalks, slopes and utilities. The Public Works Department has determined that the easement is surplus to the city’s needs and not required for the provision of public utility services. AB22238 (Resolution 2019-08) Approved 7-0

45. Adopt the 2019-2023 strategic plan of the Greenway program? The Greenway Advisory Committee, charged with strategic oversight and recommendations regarding the use of Greenway funds, worked steadily in 2018 to update the Greenway program strategic plan for the remainder of the levy. The primary priorities include but are not limited to: trail improvement and habitat connectivity; the connection of Cordata Park, Whatcom Community College and Van Wyck Park, connection of Riley Open Space and Cordata trail, creation of a park in Happy Valley, development of King and Queen Mountain greenway; expanded use of Galbraith Mountain trails; acquisition of Northridge Park connectors, a Padden Gorge Ridge trail, and development of community gardens. Expenditures are estimated at $3 million for land acquisition, $4,278,400 for development and $3,904,611 for maintenance, totaling $8,183,011 in the 2019-2020 period. Following the passage of the fourth levy, a short-term (2017-2018) strategic plan was adopted by council at the 12/4/2017 meeting, vote #206. The Greenway 4 Levy will generate approximately $40 million. (AB22240) Approved 7-0

46. Authorize the mayor to award the low bid of $6,247,500 to Strider Construction Company of Bellingham for phase one of Cordata Park? The engineer’s estimate was $7,414,560. Park construction is anticipated to begin in May 2019 and be completed in early 2020. The project includes a spray park, playground, adult exercise stations, park- our, pump track, picnic shelter, restrooms, parking, trails and artwork. Required wetland mitigation will be bid later in 2019. Eight bids were received: the high bid was $8,282,136. (AB22243) Approved 7-0

47. Approve the mayor’s appointment of Rick Nishi, Michael Maghakian and Daniel Weiland to the Greenway Advisory Committee? The committee provides citizen recommendations to the City Council and the Parks and Recreation Department about Greenway levy expenditures, parkland acquisitions and parks/trails/open space development projects. Rick Nishi is a WSU graduate and retiree who has served on the Seattle Parks and Recreation Department and Seattle Libraries and volunteers at the Bellingham Food Bank; Michael Maghakian is a retired computer administrator who has lived in Bellingham since 2016 and volunteers at the Spark Museum; Daniel Weiland is a yoga instructor with a BA in Liberal Arts, Master of Urban Studies, and an Economics Certificate, and has done graduate studies in resource economics and land use and a Bellingham resideny for 15 months. This will be the first term for all three — the terms will expire on 3/11/2022, at which time they may be reappointed. (AB22246) Approved 7-0

48. The mayor reappointed Maggi Kriger and Janice Carmichael to the Parks and Recreation Advisory Board. The mayor reappointed Maggi Kriger and Janice Carmichael to the Parks and Recreation Advisory Board. Maggi Kriger will serve her first full term, which will expire on 2/11/2022, at which time she may be reappointed. Janice Carmichael will serve her final term, which will expire on 3/29/2022. Maggi Kriger has been a local resident for the over 33 years, is a former member of the Greenway Advisory Committee (1991-1996), was a community health specialist with the Whatcom County Health Department, and is currently a private contractor for nonprofit Washington Dental Service Foundation. Background on Janice Carmichael is not available. (AB22249) The terms do not require council approval.

49. Authorize the mayor to sign a $25,000 agreement with the Whatcom Council of Governments to help fund the Whatcom Smart Trips program? At the 2/27/2006 meeting, vote #42, the council voted to join the program and contributed $100,000. The city has been contributing $25,000 since 2011. Smart Trips is an ongoing program between local governments, public agencies, employers and schools to promote transportation by walking, bicycling, sharing rides and riding the bus. The Smart Trips program is a key element in expanding our education opportunities to increase use of non-motorized transportation and transit options, helping the city meet mode-shift goals identified in the Comprehensive Plan. (AB22250) Approved 7-0

50. Appropriate $3,370,501 for payroll checks issued from February 1 through February 15, 2019? (AB22251) Approved 7-0

51. Appropriate $4,274,247 for goods and services checks issued from February 16 through March 1, 2019? (AB22252/22253) Approved 7-0

52. Amend the 2019-2020 budget to add one position and increase appropriations and estimated revenues in the Medic One Fund? This ordinance adds a limited-term, full-time equivalent EMS Captain and necessary revenues and appropriations to pay for the position in the Medic One fund of salaries and wages $204,000 and benefits $48,000, totaling $252,000. The position expires on 9/30/2020. The Bellingham Fire Department has negotiated an Interlocal Agreement with Whatcom County and the Bellingham Technical College to provide a countywide paramedic training program. As part of that agreement, Whatcom County will use Emergency Medical Services program funds to compensate the city of Bellingham for one EMS Captain to act as the Paramedic Training Program Director. This agreement went before the council as a separate agenda bill and will be in place through September 2020. A budget amendment on 10/22/2018 recognized Department of Homeland Security Grant funding for a portion of this training program. AB22225 (Ordinance 2019-03-007) Approved 7-0

Action Taken at March 25, 2019 Meeting

Presentation: Rick Green, with the Environmental Protection Agency, presented the city of Bellingham with two awards. The WATERS (Well-Planned, Affordable, Transferable, Efficient, Resilient, Sustainable) award is for the dissolved air flotation treatment and on-site hypochlorite generation project.

The PISCES (Performance and Innovation in the SRF Creating Environmental Success) award is for the Squalicum Creek water quality project. Nominations were made by the state Department of Health and Department of Ecology. Mayor Linville commended the innovative work of the staff and thanked the council for their support. (AB22254)

Shall the council:
53. Authorize the mayor to sign a $61,941 settlement agreement with BNSF Railway Company? On 6/30/ 2018, a water main line broke near the Bellingham Shipping Terminal causing an interruption in railroad traffic and requiring track repair, inspection and protection. The BNSF invoice listed $12,146 in engineering and labor costs, $47,789 in train delay costs and $2,004 in miscellaneous costs. (Discussed in Executive Session) Approved 5-0-1, Pinky Vargas abstained, Terry Bornemann excused.

54. Authorize the mayor to hire outside legal services to represent the city in the Clermont v. Sooter, et. al lawsuit that has been filed in federal court in Washington, D.C.? Emile Clermont is asserting that sixty defendant, including Susan Sooter, Kelly Linville, Bill Elfo, Jay Inslee, Jenny Durkin, Donald Trump, George W. Bush and Donald Rumsfeld have stolen his identity or impersonated him on the phone. (Discussed in Executive Session) Approved 5-0-1, Pinky Vargas abstained, Terry Bornemann excused.

55. Authorize the mayor to accept a $1,328,088 state grant/loan for phase 4 of the Squalicum Creek Reroute Water Quality and Biotic Integrity Improvements Project? The state Department of Ecology is awarding a $500,000 grant and an $828,088 loan which will used simultaneously with phase 3. The new rerouting channel allows Squalicum Creek to bypass Sunset Pond and Bug Lake, decreases stream temperature, improves dissolved oxygen levels and replaces culverts that are presently a barrier to fish passage. The low bid for phase 1 of the project was awarded at the 6/15/2015 meeting, vote #109. Phase 1 was from Bug Lake to James Street; phase 2 was from James Street to Irongate Road. At the 1/25/2016 meeting, vote #14, the city received $500,000 in grant funding, a loan of $616,880 and $205,627 in forgivable principal. Phases 3 and 4 of the Squalicum Creek reroute are planned for the summer of 2020. Anderson Creek water quality improvements and West Cemetery Creek water quality improvements are planned for the summer of 2021. A(AB22255) Approved 6-0, Terry Bornemann excused.

56. Authorize the mayor to sign an agreement with the Bellingham School District for the installation and maintenance of a sidewalk at Roosevelt Elementary School? The city is preparing to commence a public works project known as the 2019 Transportation Benefit District Pedestrian and Bicycle Improvements, a portion of which will construct 300 linear feet of sidewalk on the east side of Yew Street to the southern property line of Roosevelt Elementary School. Extending this sidewalk onto school property and connecting with the school building is of mutual advantage to the city and district as it will provide safer walking conditions and construction efficiencies. The school district will contribute $8,500 for the construction and pedestrian safety eduction programs. (AB22259) Approved 6-0, Terry Bornemann excused.

57. Authorize the mayor to sign an agreement with Whatcom County and the Bellingham Technical College for paramedic training? This agreement outlines the responsibilities, oversight, and administration of countywide paramedic training provided by the City of Bellingham, Whatcom County, and Bellingham Technical College through the utilization of funds from the Whatcom County EMS Levy. The City Council previously approved a slightly different version of this agreement. However, the Whatcom County Council and Bellingham Technical College approved this version. There are no substantive changes. The only difference is the wording in the termination provision of the agreement. (AB22260) Approved 6-0, Terry Bornemann excused.

58. Authorize the mayor to sign an agreement with Western Washington University for the acquisition of the right-of-way along the Lincoln Street corridor? Western Washington University is pursuing improvements to the Lincoln Creek Transportation Center that will necessitate the acquisition of the right-of-way to widen Lincoln Street for a center turn lane. While the city is no longer moving forward with TIP Project #13, since the city did not receive grant funding, the city will assist (contributing up to $150,000) WWU with property acquisition necessary for any future project they may pursue, as approved in the six-year (2019-2020) transportation improvement plan. Western Washington University wishes to acquire additional public right-of-way along the west side of Lincoln Street with intent to create improvements which may include some or all of the following elements: (1) a traffic signal at Lincoln Street and Consolidation Avenue; (2) a center turn lane on Lincoln Street to accommodate traffic movements into the LCTC; and (3) a bike lane and curb/gutter/sidewalk along the west side of Lincoln Street. (AB22261) Approved 6-0, Terry Bornemann excused.

59. Authorize the mayor to accept a $499,500 state grant for the Anderson Creek water quality improvements project? Anderson Creek is a tributary to Lake Whatcom and is part of the city’s water supply system. The project will improve water quality and salmon habitat in Anderson Creek and support water quality improvement in Lake Whatcom by restoring natural stream processes with riparian plantings to restore two acres of habitat, 100 linear feet of channel and bank stabilization, and the removal of a creosote bridge, leading to improved stream habitat and elimination of toxic chemicals in the waterway. The project’s total cost is estimated at $666,000. (AB22262) Approved 6-0, Terry Bornemann excused.

60. Appropriate $3,542,273 for payroll checks issued from February 16 through February 28, 2019? (AB22263) Approved 6-0, Terry Bornemann excused.

61. Appropriate $4,275,627 for goods and services checks issued from March 02 through March 15, 2019? (AB22264/22265) Approved 6-0, Terry Bornemann excused.

62. Reduce membership in the Greenway Advisory Committee? The number of members will be reduced from from 11 to nine. The advisory 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. The nature and pace of the Greenway Advisory Committee’s work has changed in the last few years, and it no longer requires as many members as in its initial phase. For reference, the recent cancellation of last meeting due to a lack of a quorum. When asked if exit interviews are being conducted to find out why people are leaving the committee, established at the 1992, 2001 and the 9/26/2005 meeting (vote #240), Leslie Bryson (parks director) explained that people leave for a variety of reasons and many different circumstances. AB22241 (Ordinance 2019-03-008) Approved 6-0, Terry Bornemann excused.