City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes November 18, 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 Edwin H. "Skip" Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward (Attended remotely) Council Member Michael Lilliquist, Sixth Ward (Attended remotely) Council Member Jace Cotton, At-Large Excused Council Member Hollie Huthman, Second Ward Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor. City of Bellingham Regular City Council Meeting Page 1 of 9 11/18/2024 Minutes 24324 1. Mayor's Appointment to the Planning and Development Commission (Approval) p. 6 Mayor Lund appointed Jerry Richmond to his first partial term and full term on the Planning and Development Commission, which will end on January 11, 2029. Edwin H. "Skip" Williams / Jace Cotton moved to recommend approval of Jerry Richmond to his first partial term and full term on the Planning and Development Commission, which will end on January 11, 2029. MOTION CARRIED 6-0. 24325 2. Mayor's Reappointment to the Mayor's Neighborhood Advisory Commission p. 10 (Information) Mayor Lund reappointed April Markiewicz to her first full term as the Samish Neighborhood Primary Representative on the Neighborhood Advisory Commission, which will expire on November 10, 2026. Mayor Lund shared that the City and contractors will begin clearing and fencing the western property line of the E. Stuart Road property (also known as the Fang property). This work will be coordinated with the owners of the Tullwood Apartments, who will also clear and fence the northern area of their property. Mayor Lund expressed concern about the growing encampment at the intersection of Bakerview and Northwest, which is impacting neighboring residents and businesses. The City is committed to finding solutions to address root causes of encampments and will announce additional actions later this week. More information about the City’s work to resolve encampments available at cob.org/encampments. 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 24326 1. Interlocal Agreement between the City of Bellingham and the Port of Bellingham for p. 13 the Squalicum Creek Estuary Restoration, Design Phase Project Joel Pfundt, Interim Public Works Co-Director, Renee LaCroix, Assistant Director of Natural Resources, and Analiese Burns, Habitat and Restoration Manager, presented the interlocal agreement with the Port of Bellingham for the design phase of the Squalicum Creek Estuary Restoration Project. The project addresses three partial fish passage barriers at the mouth of Squalicum Creek and fulfills the City's commitment to the Fish Barrier Culvert Remediation Project Memorandum of Agreement with the Lummi Nation, Nooksack Indian Tribe, and Washington Department of Fish and Wildlife. The three barriers are the City-owned Roeder Avenue culvert, the City of Bellingham Regular City Council Meeting Page 2 of 9 11/18/2024 Minutes  Burlington Northern Santa Fe Railroad-owned culvert, and the Port of Bellingham-owned bridge. The City received federal funding for design and plans to begin work in early 2025. Council Members discussed the project and asked questions. Hannah Stone / Jace Cotton moved to recommend approval of the Interlocal Agreement between the City of Bellingham and the Port of Bellingham for the Squalicum Creek Estuary Restoration, Design Phase Project. MOTION CARRIED 6-0. 24327 2. Contract Award for James Street and Bakerview Road Intersection Reconstruction p. 44 (ES473), BID #77B-2024 Joel Pfundt, Interim Public Works Co-Director, Mike Wilson, Assistant Director of Engineering, and Kyle Carlson, City Engineer, provided a summary of the James Street and Bakerview Road Intersection Reconstruction Project. The project will replace the existing traffic signal with a new roundabout, including new sidewalks, pedestrian crossings, street lighting and stormwater facilities. Council Members discussed the contract and asked questions. Hannah Stone / Edwin H. "Skip" Williams moved to award contract No. 77B-2024 for the James Street and Bakerview Road Intersection Reconstruction Project to Faber Construction Corporation as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, $4,251,865.00, which includes any applicable WSST. MOTION CARRIED 6-0. 24328 3. Noise Variance for James Street and Bakerview Road Intersection Reconstruction p. 60 (ES473) Joel Pfundt, Interim Public Works Co-Director, Mike Wilson, Assistant Director of Engineering, and Kyle Carlson, City Engineer, presented the noise variance request for reconstruction of the James Street and Bakerview Road Intersection. To accelerate completion of the project and reduce the duration of traffic impacts, the contractors would like to operate 24-hours a day for fifty consecutive days. Council Members discussed the noise variance request and asked questions. Hannah Stone / Edwin H. "Skip" Williams moved to recommend approval of the noise variance for the James Street and Bakerview Road Intersection Reconstruction Project. MOTION CARRIED 6-0. Community and Economic Development 1:30 PM Jace Cotton, Chair Hannah Stone, Hollie Huthman 24329 1. Consideration of Bellingham Whatcom County Tourism's 2025 Tourism Promotion p. 64 Area Budget City of Bellingham Regular City Council Meeting Page 3 of 9 11/18/2024 Minutes  Tara Sundin, Community and Economic Development Manager, and Dylan Deane-Boyle, Executive Director of Bellingham-Whatcom County Tourism, provided a summary of the proposed 2025 Tourism Promotion Area Budget. The City Council is required to act on the budget as part of its role as the Legislative Authority. The proposed budget is available here. Council Members discussed the proposed budget and asked questions. Jace Cotton / Edwin H. "Skip" Williams moved to recommend approval of the 2025 Tourism Promotion Area Budget. MOTION CARRIED 6-0. 24330 2. Consideration of the Lodging Tax Advisory Committee's 2025 Budget p. 88 Recommendations Tara Sundin, Community and Economic Development Manager, presented the Lodging Tax Advisory Committee (LTAC) 2025 budget. The City Council is required to act on this budget recommendation as part of its role as the Legislative Authority. Council Members discussed the proposed budget and asked questions. Jace Cotton / Edwin H. "Skip" Williams moved to recommend approval of the Lodging Tax Advisory Committee 2025 Budget. MOTION CARRIED 6-0. 24331 3. Consolidated Annual Performance and Evaluation Report (CAPER): Housing, Services, p. 92 and Related Accomplishments between July 1, 2023 and June 30, 2024 Tara Sundin, Community and Economic Development Manager, and Samya Lutz, Housing and Services Program Manager, presented the Consolidated Annual Performance and Evaluation Report (CAPER), which is due to the Department of Housing and Urban Development (HUD) and outlines spending and accomplishments from the federal HOME Investment Partnership, the Community Development Block Grant, and local funding sources. Council Members discussed the report and asked questions. Parks and Recreation 2:20 PM Edwin H. "Skip" Williams, Chair Hollie Huthman, Jace Cotton 24332 1. Boulevard Park Shoreline and Public Access Enhancement Noise Variance p. 119 Nicole Oliver, Parks & Recreation Director, and Gina Austin, Project Engineer, presented the noise variance request for the Boulevard Park Shoreline Enhancement Project. The noise variance will allow for night work (dependent upon the tide and weather) on the project between November 2024 and February 15, 2025. Council Members discussed the noise variance request and asked questions. City of Bellingham Regular City Council Meeting Page 4 of 9 11/18/2024 Minutes  Edwin H. "Skip" Williams / Jace Cotton moved to recommend approval of the noise variance for the Boulevard Park Shoreline Enhancement Project. MOTION CARRIED 6-0. Committee Of The Whole 2:30 PM Daniel Hammill, Chair Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton 24333 1. Interlocal Agreement for 2025 Paramedic Training p. 123 Fire Chief Hewett and Dave Pethick, Assistant Fire Chief, presented the interlocal agreement (ILA) for paramedic training in 2025 with Whatcom County. The ILA provides funding for five Bellingham Firefighter students, and five students from other regional agencies and pays for student back-fill, preceptor and evaluation costs, books and other consumables for the students. Council Members discussed the ILA and asked questions. Daniel Hammill / Edwin H. "Skip" Williams moved to recommend approval of the Interlocal Agreement with Whatcom County for the 2025 paramedic training cohort. MOTION CARRIED 6-0. 24334 2. Resolution to Exempt an Interim Housing Use from Compliance from the State p. 133 Building Code Requirements Kurt Nabbefeld, Planning Development Services Manager, and Sara Ullman, Planner, presented the draft resolution to exempt the YWCA's forthcoming shelter at 315 Lakeway Drive from state building code requirements. Council Members discussed the resolution and asked questions. Daniel Hammill / Jace Cotton moved final approval of Resolution #2024-32. MOTION CARRIED 6-0. 24335 3. An Ordinance Amending Bellingham Municipal Code Chapter 4.76 to Increase the p. 139 Solid Waste Utility Tax from 11.5 Percent to 17.25 Percent Andy Asbjornsen, Finance Director, presented the draft ordinance, which amends the Bellingham Municipal Code (BMC) 4.76 to increase the Solid Waste Utility Tax from 11.5 percent to 17.25 percent. Council Members discussed the ordinance and asked questions. Daniel Hammill / Edwin H. "Skip" Williams moved for first and second reading. MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 5 of 9 11/18/2024 Minutes 24336 4. An Ordinance of the City of Bellingham, WA Regarding Investment of City Funds p. 143 Andy Asbjornsen, Finance Director, presented the draft ordinance which expands the practice of directing all investment income into the General Fund, except as otherwise required by law. Council Members discussed the ordinance and asked questions. Daniel Hammill / Edwin H. "Skip" Williams moved for first and second reading. MOTION CARRIED 6-0. 24337 5. An Ordinance of the City of Bellingham, Washington Adopting the 2025 Budget p. 147 Andy Asbjornsen, Finance Director, and Eric Johnson, Budget and Treasury Manager, presented the draft ordinance, which adopts the 2025 Budget. The budget includes operating expenditures of $392,057,194 and capital expenditures of $156,940,883. Council Members discussed the ordinance and asked questions. Daniel Hammill / Jace Cotton moved for first and second reading. MOTION CARRIED 6-0. 6. Old/New Business Council Member Stone highlighted a “Recycle Right” flier that was mailed to City of Bellingham Council residents and the challenges of compliance with the single-use plastic ban and compostable residen packaging. Council Council Member Stone expressed concern for immigrants in our community and how the City’s not to w values and policy positions may be challenged with the new federal administration. Mayor L Mayor Lund encouraged community members to apply to the Keep Washington Working Advisory WorkGr Group. Applications are available online. Mayor L Mayor Lund thanked City Council and staff for their work to create and pass the 2025 budget. as their Executive Session 3:15 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Litigation (Marriner, approx. 15 min.) - ITEM REMOVED 11.15.24 This item was removed from the agenda. 2. Potential Litigation (Good, approx. 5 min.) Staff provided information on a potential litigation matter. For information and discussion. No action taken. City of Bellingham Regular City Council Meeting Page 6 of 9 11/18/2024 Minutes  3. Labor Relations: Discuss Collective Bargaining Strategy (Sullivan, approx. 5 min.) Staff provided information on a labor relations matter. For information and discussion. No action taken. 4. Potential Property Acquisition (Stamps, approx. 3 min.) Staff provided information on a potential Lake Whatcom Watershed property acquisition. For information and discussion. No action taken. 5. Potential Property Acquisition (Stamps, approx. 3 min.) Staff provided information on a potential Lake Whatcom Watershed property acquisition. For information and discussion. No action taken. 6. Potential Property Acquisition (Stamps, approx. 3 min.) Staff provided information on a potential Lake Whatcom Watershed property acquisition. For information and discussion. No action taken. 7. Potential Property Acquisition (Stamps, approx. 3 min.) Staff provided information on a potential Lake Whatcom Watershed property acquisition totaling 0.27 acres with one potential development unit. Edwin H. "Skip" Williams / Jace Cotton moved to authorize the Mayor to close the real estate transaction described in the City’s executed purchase and sale agreement with the property owner, the Max and Hueih-Hueih Hurlbut Trust, with a purchase price of $230,000 and with closing to occur on or around November 22, 2024. MOTION CARRIED 6-0. 8. Potential Property Acquisition (Stamps, approx. 3 min.) Staff provided information on a potential Lake Whatcom Watershed property acquisition totaling 0.23 acres with one potential development unit. Edwin H. "Skip" Williams / Jace Cotton moved to authorize the Mayor to close the real estate transaction described in the City’s executed purchase and sale agreement with the property owner, the Graney Trust, with a purchase price of $1,026,000 and with closing to occur on or around December 6, 2024. MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 7 of 9 11/18/2024 Minutes  9. Potential Property Acquisition (Marriner, approx. 5 min.) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 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. 24338 1. Sub-Recipient Agreement between Whatcom County, City of Bellingham, and What- p. 153 Comm Communications Center 24339 2. Inter-Agency Agreement with Washington Service Corps to Sponsor Two Americorps p. 174 Members for Park Restoration and Volunteer Engagement Work 24340 3. Authorization of Payroll Labor Cost Payments Dated October 16, 2024 to October 31, p. 205 2024 24341 4. Authorization of A/P Transactions Issued October 25, 2024 through October 31, 2024 p. 206 24342 5. Authorization of A/P Transactions Issued November 01, 2024 through November 07, p. 207 2024 24343 6. Approval of the 11/4/2024 City Council Committee and Regular Meeting Minutes p. 208 24344 7. Approval of the 10/28/2024 Special City Council Meeting Minutes p. 222 Edwin H. "Skip" Williams / Jace Cotton moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0. Final Consideration of Ordinances 24311 1. An Ordinance of the City of Bellingham, Washington Relating to the Levy of Taxes p. 224 and Establishing the Amount to be Raised in 2025 on the Assessed Valuation of the Property within the City Hannah Stone / Edwin H. "Skip" Williams 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, Williams, Anderson, Lilliquist, Cotton NAYS: (None) EXCUSED: Huthman MOTION CARRIED 6-0 and was thereafter named Ordinance #2024-11-030. City of Bellingham Regular City Council Meeting Page 8 of 9 11/18/2024 Minutes Adjournment There being no further business, the meeting adjourned at 7:42pm. Daniel Hammill, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 12/9/2024 City of Bellingham Regular City Council Meeting Page 9 of 9 11/18/2024 Minutes