City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes July 15, 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 7:00pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. Land Acknowledgement Statement Before we begin, we acknowledge that we are gathered on the traditional and unceded territory of the Lummi, Nooksack, Samish and Semiahmoo People who have cared for and tended this land since time immemorial. Truth and acknowledgment are critical to building mutual respect and connection across all barriers of heritage and difference. We begin this effort to acknowledge what has been buried by honoring the truth. We pay respect to their elders past and present. Please take a moment to consider the many legacies of violence, displacement, migration, and settlement that bring us together here today. And please join us in uncovering such truths at any and all public events. 2. Language Access The Bellingham City Council provides Spanish interpretation at all regular evening meetings. Interpretation can be accessed by in-person attendees by utilizing the headsets located at the front of the room. Remote viewers can log on to cob.org/cczoom and click on the "Language" icon at the bottom of the screen to listen in Spanish. 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 Michael Lilliquist, Sixth Ward Council Member Jace Cotton, At-Large Excused Council Member Lisa Anderson, Fifth Ward Public Hearing City of Bellingham Regular City Council Meeting Page 1 of 6 7/15/2024 Minutes 24180 1. Public Hearing for an Ordinance Relating to the Preservation of Landmark Trees, p. 6 Declaring an Emergency, and Establishing Interim Development Regulations with Respect to Landmark Trees throughout the City Alan Marriner, City Attorney and Blake Lyon, Planning and Community Director, presented on the emergency tree ordinance, which was adopted by Council on May 20, 2024. The ordinance preserves landmark trees throughout the City and established interim development regulations regarding landmark trees. Council President Hammill opened the Public Hearing. 19 individuals provided testimony. Council President Hammill closed the Public Hearing. Michael Lilliquist / Hannah Stone moved to amend Ordinance #2024-05-017 by striking the following language in Section 4. Landmark Tree Inventory, aii. "The tree possess exceptional beauty which warrants a Landmark Tree status; or" and bii. "The grove possesses exceptional beauty which warrants a Landmark Tree status; or" MOTION CARRIED 6-0. Edwin H. "Skip" Williams / Michael Lilliquist moved to retain Ordinance #2024-05-017 as amended and refer the ordinance to the Type VI process for additional review. MOTION CARRIED 6-0. Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor. Mayor Lund thanked the public for their feedback on the landmark tree ordinance. Mayor Lund acknowledged the assassination attempt on former president Donald Trump over the weekend and encouraged the community to reject political violence, turn toward our democratic processes, and avoid oversimplification and extremism. Mayor Lund recognized 1937 Union Members who attended Council and welcomed their comments. The City has hired a mediator to assist with ongoing bargaining negotiations. Mayor Lund shared that the City is facing a revenue shortfall and encouraged the community to watch the Committee of the Whole Financial Update presentation. Mayor Lund highlighted her recent appointments of Forrest Longman and Janice Keller as Deputy Administrators. City of Bellingham Regular City Council Meeting Page 2 of 6 7/15/2024 Minutes  Mayor Lund reminded the community of the Children's Craft Fair on Friday, July 26th hosted by the Bellingham Public Library. You can learn more online. 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 1:00 PM Hannah Stone, Chair Lisa Anderson, Michael Lilliquist 24181 1. Contract Award for Padden Creek Restoration: 24th to 30th Phase 2, EN058, BID p. 43 #38B-2024 Eric Johnston, Public Works Director, Mike Wilson, Assistant Director of Engineering, and Craig Mueller, Engineer, provided a summary of the Padden Creek Restoration Project. Phase 2 of this project will change Padden Creek between 24th Street and the confluence of Connelly Creek from a channelized section to a new channel with natural pools, large woody debris, and improved riparian buffer. Council Members discussed the project and asked questions. Hannah Stone / Edwin H. "Skip" Williams moved to award contract No. 38B-2024 for Padden Creek Restoration: 24th to 30th Phase 2 Project to Matia Contractors as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, $608,717.59, which includes any applicable WSST. MOTION CARRIED 6-0. 24182 2. Contract Award for the Donald Avenue Water Quality Retrofit Project, EV171, BID p. 53 #42B-2024 Eric Johnston, Public Works Director, Mike Wilson, Assistant Director of Engineering, and Jessica Bennett, Engineer, provided a summary of the Donald Avenue Water Quality Retrofit Project. The project constructs a new Phosphorus Optimized Stormwater Treatment System facility within the public right-of-way at the corner of Donald Avenue and Northshore Drive and enhances treatment of urban runoff in the Lake Whatcom Watershed. Council Members discussed the project and asked questions. Hannah Stone / Michael Lilliquist moved to award contract No. 42B-2024 for the Donald Avenue Water Quality Retrofit Project to Premium Services, 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, $876,262.50, which includes any applicable WSST. MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 3 of 6 7/15/2024 Minutes 24183 3. Contract Award for Fire Station #5 Reroof Project, Bid #43B-2024 p. 64 Eric Johnston, Public Works Director, and Joel Pfundt, Assistant Director of Transportation, provided a summary of the Fire Station #5 Reroof Project. The project replaces the roof and installs a new fall arrest protection system. Solar panel installation was considered, but due to the building's age and the surrounding trees, was not included in the project. Council Members discussed the project and asked questions. Hannah Stone / Edwin H. "Skip" Williams moved to award contract No. 43B-2024 for Fire Station #5 Reroof Project to SRS Roofing Company as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, $149,548.29, which includes any applicable WSST. MOTION CARRIED 6-0. 24184 4. Noise Variance – Lumen Telecommunications Work p. 73 Eric Johnston, Public Works Director, and Mike Wilson, Assistant Director of Engineering, outlined the noise variance request from Lumen Technologies by the contractor North Sky Communications. The telecommunications infrastructure work will occur at night in the residential area of Ellis Street and Sunset Drive, Ellis Street and Plymouth Drive, and Coolidge Drive in the Cornwall Park and Sunnyland neighborhoods between August 5 and September 6. Council Members discussed the request and asked questions. Hannah Stone / Edwin H. "Skip" Williams moved to recommend approval of the noise variance to North Sky Communications on behalf of Lumen Technologies for telecommunications infrastructure construction in the residential area of Ellis Street and Sunset Drive, Ellis Street and Plymouth Drive, and Coolidge Drive in the Cornwall Park and Sunnyland neighborhoods between August 5 and September 6. MOTION CARRIED 6-0. Planning 1:50 PM Lisa Anderson, Chair Edwin H. "Skip" Williams, Michael Lilliquist 24185 1. An Ordinance Relating to the Establishment of Identity Theft Prevention Measures p. 77 for Registered Residential Properties throughout the City, Establishing a Requirement for Secure, Locking Mail Receptacles in Chapter 6.15.050 of the Bellingham Municipal Code Blake Lyon, Planning and Community Development Director, provided a summary of the ordinance to establish identity theft prevention measures at all registered residential properties by implementing a requirement for locking mail receptacles for all properties registered through the Rental Registration and Safety Inspection Program. Council Members discussed the ordinance and asked questions. City of Bellingham Regular City Council Meeting Page 4 of 6 7/15/2024 Minutes  During the meeting, an amendment to the ordinance passed to add an effective date. See Planning Committee minutes for additional details. This item will return for additional discussion at a forthcoming Committee of the Whole meeting. Committee Of The Whole 2:10 PM Daniel Hammill, Chair Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton 24187 1. Finance Update through May 2024 p. 84 Andy Asbjornsen, Finance Director, provided a summary of the City's financial position through May 2024. The presentation is available here and the May Finance Report is available online. Council Members discussed the presentation and asked questions. 24186 2. A Resolution Honoring Darlene Peterson p. 103 Judge Debra Lev and City Council Members honored Darlene Peterson with a resolution for her service to the Bellingham Municipal Court. Daniel Hammill / Michael Lilliquist moved final approval of Resolution #2024-15. MOTION CARRIED 6-0. 3. Old/New Business There were no discussion items for Old/New Business. Executive Session 3:05 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Stamps, approx. 5 min.) Staff provided information on a potential Lake Whatcom Watershed property acquisition totaling 0.74 acres with one development unit. Hollie Huthman / Edwin H. "Skip" Williams moved to authorize the Mayor to close the real estate transaction described in the City’s purchase and sale agreement with Scott and Eileen Strotz with a purchase price of $90,000, and with closing to occur on or around July 31, 2024. MOTION CARRIED 6-0. 2. Labor Relations: Discuss Collective Bargaining Strategy (Monahan, approx. 15 min.) Staff provided information on a labor relations matter. For information and discussion. No action taken. City of Bellingham Regular City Council Meeting Page 5 of 6 7/15/2024 Minutes 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. 24188 1. Interlocal Agreement with Whatcom County for Alternative Response Team (ART) p. 106 24189 2. A Resolution Setting the Date and Time for a Public Hearing before the Hearing p. 111 Examiner for Consideration of a Street Vacation Petition for an Alleyway Generally Located at the Corner of 4th Street and Donovan Avenue Became known as Resolution #2024-16. 24190 3. A Resolution Setting the Date and Time for a Public Hearing before the Hearing p. 115 Examiner for Consideration of a Street Vacation Petition for Byron Avenue between Interstate-5 and Lincoln Street in Bellingham Became known as Resolution #2024-17. 24191 4. Authorization of A/P Transactions Issued June 21, 2024 through June 27, 2024 p. 119 24192 5. Authorization of A/P Transactions Issued June 28, 2024 through July 03, 2024 p. 120 24193 6. Authorization of Payroll Labor Cost Payments Dated June 1, 2024 to June 15, 2024 p. 121 24194 7. Approval of the 7/1/2024 City Council Committee and Regular Meeting Minutes p. 122 Edwin H. "Skip" Williams / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0. Public Comment Period City Council heard public comments from 23 individuals. To access the recording visit, Public Comment Period Recordings - City of Bellingham (cob.org). Adjournment There being no further business, the meeting adjourned at 10:18pm. Daniel Hammill, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 8/12/2024 City of Bellingham Regular City Council Meeting Page 6 of 6 7/15/2024 Minutes