Action Taken at July 1, 2024 Meeting
Shall the council:
124. Authorize the mayor to sign a $33,961 separation agreement with firefighter Daisy Brennan? There is lump sum payment of $18,349 (equal to two months’ base salary), vacation, compensatory time, and sick leave cash-outs amounting to $15,612. The agreement waives all claims against the city. (Discussed in Executive Session.) Approved 5-0-1, Lisa Anderson abstained, Daniel Hammill excused.
125. Authorize the mayor to sign a $42,616 separation agreement with fire captain Mark Brennan for the payment of vacation, compensatory time, and sick leave cash-outs? The agreement waives all claims against the city. (Discussed in Executive Session.) Approved 4-0-2, Lisa Anderson and Jace Cotton abstained, Daniel Hammill excused.
126. Authorize the mayor to retain K & L Gates of Seattle to assist with litigation concerning the Nooksack adjudication? (Discussed in Executive Session.) Approved 6-0, Daniel Hammill excused.
127. Authorize the mayor to retain Summit Law Group of Seattle to assist with litigation concerning the city’s Covid-19 vaccine mandate? (Discussed in Executive Session.) Approved 6-0, Daniel Hammill excused.
128. Declare Station 10 surplus and place the property for sale? (Public hearing held.) The property is located in Whatcom County, outside any Urban Growth Areas. In 2002, the city fire department purchased a single-family home and property located at 858 E. Smith Road for the purpose of creating a medic unit station (currently known as Station 10). At the 8/19/2002 meeting, vote #146, the council awarded a contract to convert the residence into an ambulance station. In 2023, an additional medic unit was added to the system creating the need to move several units to new stations to adapt to new coverage areas. The property is .97 acre with a 2,891 square foot house and will return to a single-family residential use. The property was purchased for $198,000 and the parcel was appraised in February of 2024 at $710,000. The funds from the sale will be deposited into the Medic One Fund. (AB24170) Approved 6-0, Daniel Hammill excused.
129. Approve the mayor’s recommendations to use $250,000 in lodging tax funds for downtown beautification projects? The three projects are all proposed by Paper Whale. One Spark – immersive experiences in vacant spaces ($60,000), One Spark – activation of four downtown alleys ($100,000), and One Spark – Lakeway underpass mural ($90,000). An additional three proposals will use general funds, totaling $97,300: One Spark – Lee Memorial Park staircase murals ($40,000), Find Billy – series of five whimsical sculptures ($37,300), Whatcom Museum – old fire station mural ($9,000), and Trike Trak – interactive tricycle artwork and display ($11,000). A series of projects to activate the Commercial Street parking garage will also be supported using budgeted general funds, parking funds and/or other sources. (AB24171) Approved 6-0, Daniel Hammill excused.
130. Authorize the mayor and police chief to sign an agreement with the Whatcom County Drug Task Force? The Bellingham Police Department will resume participation in the Whatcom County Drug Task Force. Due to critical staffing deficiencies, the Police Department withdrew from the task force in 2020 and assisted only as a supporting agency without providing personnel. The Police Department has made huge strides in staffing since January 2023, hiring 28 officers and 15 additional officers expected within the next year. This agreement will provide two positions (one officer and one supervisor) to the Drug Task Force. A task force was founded in January of 1988, and it is currently staffed by investigative personnel from the Whatcom County Sheriff’s Office, the Bellingham Police Department, Washington State Department of Corrections, the Whatcom County Prosecutor’s Office and Homeland Security Investigations. It is agreed that at least one full-time (half time for WA DOC) investigator or prosecutor will be assigned on an ongoing basis from each of the aforementioned agencies. (AB24172) Approved 6-0, Daniel Hammill excused.
131. Send a letter to the Whatcom County Council and county executive in support of Whatcom County exploring year-round shelter options? The City of Bellingham, Whatcom County, and, our many community partners are working diligently to end homelessness, and in this work, we are all guided by the county’s 2019 Strategic Plan to End Homelessness. The county’s efforts have been heavily devoted to services, coordinated entry, case management, and supportive housing programs while serving as the lead entity end homelessness in our community, with little direct participation in year-round sheltering. The letter also supports the establishment of a homelessness shelter subcommittee of the Whatcom County Housing Advisory Committee. (AB24173) Approved 6-0, Daniel Hammill excused.
132. Appropriate $4,682,694 for goods and services checks issued from June 7, 2024 through June 20, 2024? (AB24174/24175) Approved 6-0, Daniel Hammill excused.
133. Authorize the mayor to sign an agreement between What-Comm Communications Center and Western Washington University to change copper-wire phone lines to Internet — based phone lines? What-Comm 911, Prospect Communications Center and WWU PD all currently receive emergent and business line calls to their communications centers via copper-wire lines. The vendor, Lumen, will no longer guarantee service or repair, nor any guaranteed timeline for such action. As such, each communications center is moving away from copper to Internet-based phone lines. The cost of making this transition is diminished for each agency by taking action collectively and pooling resources. The centers are already in a host-remote agreement to share 911 phones’ line equipment and maintenance. Sharing the cost of conversion for business lines is a similar agreement and will provide similar benefits to each agency. (AB24176) Approved 6-0, Daniel Hammill excused.
134. Authorize the mayor to sign an agreement with Whatcom County for 911 services? The City of Bellingham and Whatcom County maintain an agreement governing the administration and financing of the What-Comm 911 and Prospect Communications Centers. A current, fully executed contract is necessary to collect user fees which support continued operations. The current agreement expires on 12/31/2024; this modification expires on 12/31/2029. There are no other changes to the agreement at this time. (AB24177) Approved 6-0, Daniel Hammill excused.
135. Authorize the police chief to accept a $130,000 state grant for police officer wellness? This Washington State Criminal Justice Training commission grant is for building resilience, injury prevention, peer support, physical fitness, proper nutrition, stress management, suicide prevention, physical health, mental health supports/services, and any other program that focuses on officer well-being. The first law enforcement officer wellness grant was received at the 5/9/2022 meeting, vote #76. This grant expires on 6/30/2025. (24178) Approved 6-0, Daniel Hammill excused.
136. Repeal the ordinance establishing a biennial budget and return the city to annual budgets? At the 6/23/2014 meeting, vote #133, the council established a biennial budget. After five biennial budget cycles, staff have found the efficiencies provided by budgeting every two years are outweighed by the challenges of forecasting revenues and expenses so far in the future. The city will continue to produce a five-year revenue and expense forecast and include five-year capital plans in the annual budget to support long-term planning. AB24161 (Ordinance 2024-07-021) Approved 6-0, Daniel Hammill excused.
_____________________
Action Taken at July 15, 2024 Meeting
Mayor’s Report
Mayor Lund acknowledged the assassination attempt on Donald Trump over the weekend and encouraged the community to reject political violence, turn toward our democratic processes, and avoid oversimplification and extremism. The city is facing a revenue shortfall and the mayor encourages the community to watch the Committee of the Whole financial update presentation.
Shall the council:
137. Authorize the mayor to spend $90,000 to purchase 0.74 acres from Scott and Eileen Strotz? The Lake Whatcom Watershed property has one development unit. (Discussed in Executive Session.) Approved 6-0, Lisa Anderson excused.
138. Amend an emergency ordinance relating to the preservation of landmark trees and establish interim development regulations throughout the city? (Public hearing held — 19 individuals provided testimony.) At the 5/20/2024 meeting, vote #104, the council passed Ordinance 2024-05-017, relating to the preservation of landmark trees. Before the emergency ordinance, there was an opportunity to remove exceptional trees on private property without the need for further evaluation or a permit review process. State law requires that a public hearing within 60 days of the adoption of an emergency ordinance. This ordinance will be referred to the Type VI process for additional review. (AB24180) Amended and approved 6-0, Lisa Anderson excused.
139. Authorize the mayor to award the low bid of $608,718 to Matia Contractors of Ferndale for phase 2 of the Padden Creek restoration project? The engineer’s estimate was $753,334. At the 5/23/2022 meeting, vote #87, a contract for $254,858 was awarded to Matia Contractors for phase 1 of the Padden Creek project. Phase 2 will realign Padden Creek between 24th Street and to 30th Street. The straight channelized section will be realigned to a more natural channel. Approximately 1,000 feet of new channel will be created with pools and large woody debris, improve water quality and aquatic function within the creek, as well as enhance the riparian buffer. The city received a $500,000 state grant that requires a 33 percent city match. Construction is expected to begin in August 2024 and the in-water activities completed prior to the end of September. The city received two bids — the high bid was $1,501,175. (AB24181) Approved 6-0, Lisa Anderson excused.
140. Authorize the mayor to award the low bid of $812,705 to Premium Services of Bellingham for the Donald Avenue water quality retrofit? The engineer’s estimate was $876,262. The project will construct a new phosphorus-optimized stormwater treatment system (POST) facility at the corner of Donald Avenue and Northshore Drive. The new system will utilize an existing outfall to Lake Whatcom located within the Donald Avenue unimproved right-of-way. An existing offline sand filter located on city property at 2000 Northshore Drive will be abandoned in place. This project addresses excess phosphorus and bacteria pollution. Construction is expected to begin in August 2024 and the land-disturbing activities completed prior to the end of September. The city received a $653,214 state grant that requires a 25 percent city match. The city received three bids — the high bid was $1,780,015 (AB24182) Approved 6-0, Lisa Anderson excused.
141. Authorize the mayor to award the low bid of $149,548 to SRS Roofing Company of Bellingham for Fire Station #5 reroofing? The engineer’s estimate was $350,000. The roof of the 54-year old-building, located at 3314 Northwest Avenue, needs replacing. Besides replacing the roof, a new fall arrest protection system will be installed. The building was evaluated for solar panel installation; however, there are a significant number of mature fir trees on the property making solar less desirable for this location. The city received five bids — the high bid was $273,199. (AB24183) Approved 6-0, Lisa Anderson excused.
142. Grant a noise variance to North Sky Communications on behalf of Lumen Technologies for telecommunications infrastructure construction? Construction work in residential zoned areas between 10 p.m. and 7 a.m. requires a noise variance. The night work in the Cornwall Park and Sunnyland neighborhoods will be in the vicinity of Ellis Street and Sunset Drive, Ellis Street and Plymouth Drive, and Coolidge Drive between August 5 and September 6. The work will include both underground (directional boring) and overhead telecommunications facilities. Lumen, on behalf of their contractor, North Sky Communications, has requested to complete the work at night to minimize traffic impacts and to ensure the safety of both workers and residents. (AB24184) Approved 6-0, Lisa Anderson excused.
143. Authorize the mayor to sign an agreement (amendment #4) with Whatcom County for the Alternative Response Team (ART)? At the 5/23/2022 meeting, vote #88, the City Council approved the initial $427,127 agreement with Whatcom County. ART is a collaborative approach between law enforcement, emergency medical response, human services, and other community agencies to respond to low-level noncriminal and/or nonmedical calls for service. The ART team is not intended to provide police or medical services. It is comprised of teams of two-person units, a mental health specialist and a registered nurse for 10 hours a day and seven days a week. This agreement provides an increase of $60,000 — total funding is $630,096. The agreement expires on 6/30/2025. (AB24188) Approved 6-0, Lisa Anderson excused.
144. Appropriate $9,789,391 for goods and services checks issued from June 21, 2024 through July 3, 2024? (AB24191/24192) Approved 6-0, Lisa Anderson excused.
145. Appropriate $4,989,782 for payroll checks issued from June 1 through June 15, 2024? (AB24193) Approved 6-0, Lisa Anderson excused.
146. Honor Darlene Peterson for her Bellingham Municipal Court service? She has served as court director for over 10 years and is retiring after a 33-year career in the criminal justice system. She was responsible for many modernization projects within the court, such as replacement of the court’s audio/visual recordings with a gold standard system, launching the court into a paperless system after she acquired a grant for the project, and establishment of long-range video hearings with other facilities. The council expresses its appreciation and honors Darlene Peterson for her leadership, public service and dedication to the people of the City of Bellingham and to our wider community. AB24186 (Resolution 2024-15) Approved 6-0, Lisa Anderson excused.
147. Set August 14 at 6:00 p.m. for a public hearing before the Bellingham Hearing Examiner for consideration of a street vacation petition for an alleyway generally located at the corner of 4th Street and Donovan Avenue? The petitioner intends to combine the alleyway with an abutting property he owns to construct a residential unit. 24189 (Resolution 2024-16) Approved 6-0, Lisa Anderson excused.
148. Set August 14 at 6:00 p.m. for a public hearing before the Bellingham Hearing Examiner for consideration of a street vacation petition for Byron Avenue between Interstate-5 and Lincoln Street? The petitioner intends to utilize Byron Avenue as part of a larger future development project on the property abutting to the north. 24190 (Resolution 2023-17) Approved 6-0, Lisa Anderson excused.
