City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes March 11, 2024, 7:00 PM Mayor: Kimberley Lund Contact: (360) 778-8100, mayorsoffice@cob.org Council Members: Hannah Stone, Hollie Huthman, Contact: (360) 778-8200, ccmail@cob.org Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, https://cob.org/council Michael Lilliquist and Jace Cotton Call to Order The City Council Regular meeting was called to order by Council President Hammill at 7pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Roll Call Present: Council President Daniel Hammill, Third Ward Council Member Hannah Stone, First Ward Council Member Hollie Huthman, Second Ward Council Member Edwin H. "Skip" Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Jace Cotton, At-Large Public Hearing 24031 1. A Public Hearing to Consider a Major Modification to the Interlocal Agreement for p. 6 Facilities within the Waterfront District between the Port of Bellingham and the City of Bellingham Tara Sundin, Community and Economic Development Manager, presented the proposed modification to the Interlocal Agreement (ILA) for Facilities within the Waterfront District between the Port of Bellingham and City of Bellingham. The proposed Boardmill Project (which includes redevelopment of the historic Boardmill building and adjacent properties to provide housing, structured parking and open space), requires changes to the location of parks. Council Members discussed the ILA and asked questions. President Hammill opened the Public Hearing. Two individuals provided testimony. President Hammill closed the Public Hearing. City of Bellingham Regular City Council Meeting Page 1 of 8 3/11/2024 Minutes  Michael Lilliquist / Hollie Huthman moved to recommend approval of the modification to the Interlocal Agreement for Facilities within the Waterfront District between the Port of Bellingham and City of Bellingham. MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor. 24032 1. Mayor's Appointments to the Transportation Commission (Approval) p. 17 Mayor Lund made the following appointments to the Transportation Commission,  Caroline Dietzgen to her first term, which will expire on March 11, 2027, at which time she may be reappointed;  Keith Moore to his final term, which will expire on April 26, 2027. Edwin H. "Skip" Williams / Hollie Huthman moved to recommend approval of Caroline Dietzgen to her first term on the Transportation Commission, which will expire on March 11, 2027, at which time she may be reappointed and Keith Moore to his final term on the Transportation Commission, which will expire on April 26, 2027. MOTION CARRIED 7-0. 24033 2. Mayor's Appointment to the Sehome Hill Arboretum Board of Governors p. 23 (Information) Mayor Lund appointed Nick Leader to his first term on the Sehome Hill Arboretum Hill Board of Governors, which will expire on February 28, 2027, at which time he may be reappointed. 24034 3. Mayor's Appointments to the Bellingham Sister Cities Advisory Board (Information) p. 26 Mayor Lund made the following appointments to the Bellingham Sister Cities Advisory Board,  Jeffrey Eastman to his second term, which will expire on January 24, 2027, at which time he may be reappointed;  Emma Binderup to her first term, which will expire on February 21, 2027, at which time she may be reappointed. Mayor Lund shared the administration will return to the next meeting with a Boards & Commissions expectations document to ensure consistency across advisory groups, increase membership diversity, and establish clear expectations. Mayor Lund highlighted the MOU for approval tonight between Whatcom County and the City of Bellingham to co-lead the SEPA process for the ABC Recycling project. City of Bellingham Regular City Council Meeting Page 2 of 8 3/11/2024 Minutes  Mayor Lund announced a capital budget appropriation award from the State for $206,000 to develop a plan and funding strategy for a new intergenerational community and aquatic center in Bellingham. Mayor Lund shared that there is now a crosswalk at Samish and Galbraith thanks to a collaboration between the City, County, and Whatcom Mountain Bike Coalition. Mayor Lund reminded the community of the Runnin' O' the Green event on Saturday, March 16th. The 14th Annual St. Patrick's Day Parade will be held on Sunday in honor of public safety personnel, with Police Lieutenant Claudia Murphy serving as Grand Marshal this year. Regular Meeting and Committee Sessions The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Public Works and Natural Resources 10:45 AM Hannah Stone, Chair Lisa Anderson, Michael Lilliquist 24035 1. Contract Award for the Post Point Resource Recovery Plant Headworks Bypass p. 30 Project (EU195) Bid No. 5B-2024 Eric Johnston, Public Works Director, Mike Olinger, Assistant Director of Public Works Operations, Mike Wilson, Assistant Director of Engineering, and Stephen Day, Plants Engineer, provided a summary of the contract award #5B-2024, Post Point resource recovery plant headworks bypass project. The project creates a temporary bypass system that will allow for submerged and confined areas within the headworks to be drained, cleaned, and inspected. Boss Construction Inc. submitted the lowest responsive bid of $1,722,779.46, including any applicable Sales or Use Tax. Council Members discussed and asked questions regarding the contract award. Hannah Stone / Lisa Anderson moved to approve contract award #5B-2024 for the Post Point resource recovery plan headworks bypass project to Boss Construction Inc. as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $1,722,779.46, which includes any applicable WSST. MOTION CARRIED 7-0. Parks and Recreation 10:50 AM Edwin H. "Skip" Williams, Chair Hollie Huthman, Jace Cotton 24036 1. Contract Award to Dawson Construction, LLC for Bloedel Donovan Park p. 40 Improvements, Bid #9B-2024 City of Bellingham Regular City Council Meeting Page 3 of 8 3/11/2024 Minutes  Nicole Oliver, Parks and Recreation Director, and Gina Austin, Project Engineer, provided a summary of the contract award #9B-2024, Bloedel Donovan Park improvements project. The project includes electrification of the park community building, stormwater repairs, mechanical and electrical upgrades, and roof replacement. Dawson Construction, LLC was the responsible bidder and submitted the lowest responsive bid of $819,916.80, including any applicable Sales or Use Tax. Council Members discussed and asked questions regarding the contract award. Edwin H. "Skip" Williams / Jace Cotton moved to approve contract award #9B-2024 for Bloedel Donovan Park improvements to Dawson Construction, LLC as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $819,916.80, which includes any applicable WSST. MOTION CARRIED 7-0. Committee Of The Whole 11:00 AM Daniel Hammill, Chair Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton Executive Session Closed to the public. Report in the Regular Meeting only: 1i. Potential Litigation (Erb, approx 15 min) Staff provided information on a potential litigation matter. For information and discussion. No action taken. 1ii. Potential Litigation (Marriner, approx 15 min) Staff provided information on a potential litigation matter. For information and discussion. No action taken. 1iii. Potential Litigation (Erb, approx 10 min) Staff provided information on a potential litigation matter. Hollie Huthman / Edwin H. "Skip" Williams moved to authorize the Mayor to execute all documents necessary for the City of Bellingham to participate in the settlement of the lawsuit brought by the State of Washington against Johnson & Johnson, a nationwide opioid manufacturer. MOTION CARRIED 7-0. 23724 2. An Ordinance Amending Bellingham Municipal Code Chapter 17.10, to Adopt, by p. 50 Reference, the 2021 Editions of the Washington State Building Code Blake Lyon, Planning and Community Development Director, and Sean Angeley, Planning and Community Development Building Official, presented a summary of the ordinance, which adopts City of Bellingham Regular City Council Meeting Page 4 of 8 3/11/2024 Minutes  the 2021 Washington State Building Code by the March 15, 2024 deadline. The City Council reviewed the 2021 codes in May 2023, however the State Building Code Council delayed implementation due to several legal challenges, which have been addressed. Council Members discussed the ordinance and asked questions. The ordinance was moved for first and second reading in May 2023 and will be voted upon for third and final this evening. 23723 3. An Ordinance of the City of Bellingham Amending Bellingham Municipal Code p. 92 Chapter 17.20 to Adopt by Reference the 2021 Edition of the International Fire Code Blake Lyon, Planning and Community Development Director, and Shawn Linville, City Fire Marshal and Division Chief of Life Safety, presented a summary of the ordinance, which adopts the 2021 International Fire Code by the March 15, 2024 deadline. The City Council reviewed the 2021 codes in May of 2023, however the State Building Code Council delayed implementation. Council Members discussed the ordinance and asked questions. The ordinance was moved for first and second reading in May 2023 and will be voted upon for third and final this evening. 24039 4. An Ordinance Authorizing the Issuance of One or More Series of Limited Tax General p. 125 Obligation Bonds in the Aggregate Principal Amount of Not to Exceed $26,000,000 to Finance Costs Related to Acquiring, Designing, Constructing, Developing, Improving, Equipping and Furnishing City Facilities Andy Asbjornsen, Finance Director, presented a summary of the draft ordinance to issue up to $26,000,000 of general obligation bonds for Phase 2 of the Pacific Street Operations Center improvements. The 2023-2024 Biennial Budget includes $24,000,000 for this project. Bonds will only be issued for the actual anticipated cost of the facility and the project will go out to bid in March 2024. Council Members discussed the ordinance and asked questions. Daniel Hammill / Edwin H. "Skip" Williams moved for first and second reading. MOTION CARRIED 7-0. 24040 5. R.G. Haley/Cornwall Landfill Site Remediation and Salish Landing Park Phase 1 p. 147 Project Update Mike Wilson, Assistant Director of Public Works Engineering, Craig Mueller, Project Engineer, Nicole Oliver, Parks and Recreation Director, and Amy Kraham, Assistant City Attorney, discussed the clean-up construction at the R.G. Haley and Cornwall Avenue landfill sites and Phase 1 creation of the Salish Landing Park. Design on the remedial cleanup activities for both R.G. Haley and the Cornwall Avenue Landfill are nearing completion and permits are under review. The total cleanup construction costs, including Phase 1 park costs, are currently estimated at approximately $47,700,000. The City expects Department of Ecology Oversight Remedial Action Grants to cover up to 50% of the costs. Contributions from potentially liable parties are also expected. Staff are exploring funding strategies and will return to Council with an explicit funding plan as part of the budget process. Council Members discussed the projects and asked questions. City of Bellingham Regular City Council Meeting Page 5 of 8 3/11/2024 Minutes 24041 6. Memorandum of Understanding between Whatcom County and the City of p. 173 Bellingham Regarding the State Environmental Policy Act Co-Lead Agency Agreement for the ABC Recycling Facility Blake Lyon, Planning and Community Development Director, and Amy Kraham, Assistant City Attorney, presented a memorandum of understanding (MOU) between Whatcom County and the City of Bellingham to establish a collective effort for sharing lead agency responsibilities under the State Environmental Policy Act (SEPA) in order to conduct an environmental review for the proposed ABC Recycling project. Council Members discussed the MOU and asked questions. Daniel Hammill / Lisa Anderson moved to recommend approval of the memorandum of understanding between Whatcom County and the City of Bellingham regarding the State Environmental Policy Act (SEPA) co-lead agency agreement for the ABC Recycling facility. MOTION CARRIED 7-0. 24042 7. 2023 Financial Year End Review p. 180 Andy Asbjornsen, Finance Director, presented a summary of the City's preliminary financial position for the period that ended December 31, 2023. The December Financial Report and presentation are available online. Council Members discussed the financial report and presentation and asked questions. 8. Old/New Business President Hammill shared that the Council has the opportunity to nominate a member to participate on the Whatcom Racial Equity Commission. Daniel Hammill / Hollie Huthman moved to recommend approval of Edwin H. "Skip" Williams to serve on the Whatcom Racial Equity Commission. MOTION CARRIED 7-0. Consent Agenda All matters listed on the Consent Agenda are considered routine and/or non-controversial items and may be approved in a single motion. A member of the Council may ask that an item be removed from the Consent Agenda and considered separately. 24037 1. Authorization of A/P Transactions Issued February 16, 2024 through February 22, p. 199 2024 24038 2. Authorization of A/P Transactions Issued February 23, 2024 through February 29, p. 200 2024 24043 3. Authorization of Payroll Labor Cost Payments Dated February 1, 2024 to February 15, p. 201 2024 City of Bellingham Regular City Council Meeting Page 6 of 8 3/11/2024 Minutes 24044 4. Authorize the Mayor to Enter into a Temporary Use Permit with Washington State p. 202 Department of Fish and Wildlife to Support the Whatcom Boat Inspection Program and Prevent the Spread of Aquatic Invasive Species 24045 5. Interlocal Agreement for Paramedic Training Program p. 206 24046 6. Acceptance of the Washington Association of Sheriffs & Police Chiefs Traffic Safety p. 214 Grant for Equipment 24047 7. Approval of the 2/26/2024 City Council Committee and Regular Meeting Minutes p. 231 Hollie Huthman / Edwin H. "Skip" Williams moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 23724 1. An Ordinance Amending Bellingham Municipal Code Chapter 17.10, to Adopt, by p. 244 Reference, the 2021 Editions of the Washington State Building Code Michael Lilliquist / Hollie Huthman moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote: AYES: Hammill, Stone, Huthman, Williams, Anderson, Lilliquist, Cotton NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2024-03-009. 23723 2. An Ordinance of the City of Bellingham Amending Bellingham Municipal Code p. 284 Chapter 17.20 to Adopt by Reference the 2021 Edition of the International Fire Code Edwin H. "Skip" Williams / Hollie Huthman moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote: AYES: Hammill, Stone, Huthman, Williams, Anderson, Lilliquist, Cotton NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2024-03-010. Public Comment Period City Council heard public comment from 14 individuals. To access the recording visit, Public Comment Period Recordings - City of Bellingham (cob.org). City of Bellingham Regular City Council Meeting Page 7 of 8 3/11/2024 Minutes Adjournment There being no further business, the meeting adjourned at 8:46pm. Daniel Hammill, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 3/25/2024 City of Bellingham Regular City Council Meeting Page 8 of 8 3/11/2024 Minutes