Action Taken at November 4, 2024 Meeting
Mayor’s Report
Public comments at the end of council meetings have been suspended while measures to improve council chambers security are evaluated. The city is striving to balance keeping City Hall open and accessible while addressing concerns that have been raised by employees, labor union leaders and members of the public.
Shall the council:
218. Appropriate $14,598,434 for goods and services checks issued from October 11 through October 24, 2024? (AB24316/24317) Approved 7-0
219. Appropriate $5,110,528 for payroll checks issued from October 1 to October 15, 2024? (AB24318) Approved 7-0
220. Authorize the mayor to sign an agreement with the Whatcom Conservation District? The city awarded the district a $50,181 grant under the city’s Community Tree Programs: Community Tree Partnerships. The grant is intended to help reduce the financial, educational, and logistical barriers to tree planting on private land. It will support Bellingham landowners in low-tree equity and low-canopy neighborhoods to successfully plant trees in their yards. (AB24319) Approved 7-0
221. Authorize the mayor to sign an access agreement with the state of Washington for temporary access to city-owned stormwater ponds? This agreement will allow the Washington State Department of Fish and Wildlife a temporary, nonexclusive license to access City of Bellingham-owned stormwater facilities for the purpose of conducting scientific research, including temporarily placing monitoring equipment in and around stormwater ponds. The agreement terminates on 12/31/2025. (AB24320) Approved 7-0
222. Increase the city’s funding for the Bellingham Food Bank by $100,000? This resolution increases the mayor’s 2025 food bank budget to a total of $250,000. The Bellingham Food Bank has seen steadily increasing usage over the past several years, with the number of client visits tripling since 2021. As economic hardship due to a number of factors grows in our community, so too does the importance of the food bank’s work to create access to high quality, desirable food and other essentials. This vote affirms council support of this action and commits to continuing work to address the underlying causes of food insecurity. AB24312 (Resolution 2024-29) Approved 7-0
223. Set the dates and times of the 2025 regular City Council meetings? Twenty-four meetings are scheduled; meetings will start at 7:00 p.m. “Roberts Rules of Order” are to be used unless otherwise provided by the Charter. AB24313 (Resolution 2024-30) Approved 6-1, Jace Cotton opposed.
224. Authorize the relinquishment of a surplus utility easement at 701 and 705 North State Street? (Public hearing held) On 9/23/1957, under Ordinance No. 7125, the City of Bellingham vacated a portion of an alley in the “Town of New Whatcom.” The city retained an easement for potential future public utility needs within the vacated alley segment. This resolution provides for the relinquishment of a surplus utility easement that encumbers real property known as 701 and 705 North State Street. The property owner has plans to improve and redevelop the site but needs the added area encumbered by the city’s retained utility easement to properly complete the design and meet current regulations. The Public Works Department has reviewed the request and determined that the portion of the easement that encumbers the subject property is surplus to the city’s needs and not needed for utility service. AB24306 (Resolution 2024-31) Approved 7-0
225. Extend the emergency ordinance regulating the preservation of landmark trees for six months? (Public hearing held.) The extension will allow time for the ordinance to go through the Type VI legislative process. At the 5/20/2024 meeting, vote #104, the council passed an emergency ordinance for the preservation of landmark trees. Before May 2024, exceptional trees could be removed from private property without a permit. This emergency ordinance establishes an inventory process for any tree of 36” or greater in circumference or a tree with identifiable characteristics or community significance. City staff will create and maintain a Landmark Tree Inventory. Any person may nominate a tree or grove of trees for the inventory. Violations will be penalized as a civil infraction at $800 to $5,000 fee per tree, a gross misdemeanor, with a replant and a monitoring program required. AB24282 (Ordinance 2024-11- 028) Approved 7-0
226. Amend the 2023-2024 biennial budget (amendment #15)? Appropriate $10,800,000 to ensure that the fire and police departments have adequate budget authority to continue regular operations through the remainder of the year. The fire department’s attrition rate continues to be high (24 people this biennium), and sick leave rate has not returned to pre-pandemic levels. Both the increased wages and overtime have led to higher than budgeted costs for benefits, and higher than anticipated fleet and fuel costs. The police department has been seeing a steady increase in jail costs over the last five years, purported to be at least partially related to jail booking restrictions as well as an increase in our rate per bed and additional capital costs. AB24289 (Ordinance 2024-11-029) Approved 7-0
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Action Taken at November 18, 2024 Meeting
Mayor’s Report
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 near Walmart). 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. More information about the city’s work to resolve encampments is available at cob.org/encampments.
Shall the council:
227. Authorize the mayor to spend $230,000 to acquire 0.27 acres of Lake Whatcom Watershed property with one potential development unit from property owner Max and Hueih-Hueih Hurlbut Trust? (Discussed in Executive Session.) Approved 6-0, Hollie Huthman excused.
228. Authorize the mayor to spend $1,026,000 to acquire 0.23 acres of Lake Whatcom Watershed property acquisition with one potential development unit from property owner Graney Trust? (Discussed in Executive Session.) Approved 6-0, Hollie Huthman excused.
229. Approve the mayor’s appointment of Jerry Richmond to the Planning and Development Commission? A 35-year resident of Bellingham, Jerry Richmond is a general contractor, who has worked with the city planning and building departments for the last 25 years. He is appointed to a partial and a full term that will end on 1/11/2029, at which time he may be reappointed. (AB24324) Approved 6-0, Huthman excused.
230. Authorize the mayor to sign an agreement with the Port of Bellingham for 60 percent of the design phase of the Squalicum Creek Estuary Restoration project? This 50/50 cost sharing arrangement ($80,000 each) will help fulfill local and state priorities for species recovery, flood risk, water quality, and climate resilience. The project addresses three partial fish passage barriers at the mouth of Squalicum Creek blocking access to 32 miles of upstream habitat. The barriers are the city-owned Roeder Avenue culvert, the Burlington Northern Santa Fe Railroad-owned culvert, and the Port of Bellingham-owned bridge. The project also has the opportunity to reduce flooding and increase flood resilience at a site identified as vulnerable to climate impacts, including sea level rise. The total design phase cost is estimated at $2,300,000. (AB24326) Approved 6-0, Hollie Huthman excused.
231. Authorize the mayor to award the low bid of $4,251,865 to Faber Construction of Lynden for the James Street/Bakerview Road intersection reconstruction project? The engineer’s estimate was $3,515,725.00. Cost increases can be attributed to inflationary pressures in the construction industry. It is considered unlikely that rebidding this work will result in significant reductions in costs. This project will replace the existing traffic signal with a new roundabout, including new sidewalks, pedestrian crossings, street lighting, and stormwater facilities. The city received four bids; the high bid was $5,790,307. Construction is expected to begin in spring of 2025 and be complete in early summer. (AB24327) Approved 6-0, Hollie Huthman excused.
232. Grant a noise variance to Faber Construction of Lynden for the James Street/Bakerview Road intersection reconstruction project? Construction work in residential zoned areas between 10 p.m. and 7 a.m. requires a noise variance. See the previous vote for details on the reconstruction project. The project will be on an accelerated timeline to reduce significant traffic impacts, the contractor will be working 24 hours a day. Construction equipment will include concrete saw cutters, pavement milling machines, concrete breakers, excavators, front loaders, dump trucks, bucket trucks, rollers, paving machines, air compressors, portable light plants, pumps, and generators. Property owners will be provided with designated contacts so they can express any concerns during construction. (AB24328) Approved 6-0, Hollie Huthman excused.
233. Approve the budget to promote tourism in 2025? Lodging businesses submitted a petition to the City Council to form a tourism promotion area. The area was established at the 4/26/2021 meeting, vote #64. A guest staying at a qualifying property (a lodging business with 40 rooms or greater) will pay an additional $3 per room/night. Visitor spending in Whatcom County increased by more than 9 percent in 2023, exceeding statewide gains of 8.1 percent and 2nd highest rate of growth after King County. The collections received from qualified businesses in the city and unincorporated Whatcom County are deposited with the City of Bellingham. The city contracts with the Bellingham Whatcom County Tourism to conduct the activities consistent with state law. The Bellingham Whatcom County Tourism board of directors prepared a draft budget and the City Council is required to act on that budget as part of its role as the legislative authority. The boundaries of the tourism promotion area are Bellingham and unincorporated Whatcom County. (AB24329) Approved 6-0, Hollie Huthman excused.
234. Approve the 2025 Lodging Tax Advisory Committee budget? The council takes adcvisory committee’s recommendations annually. At the 10/30/2024 meeting, the Lodging Tax Advisory Committee met to review and make recommendations on the 2025 expenditures. The committee is recommending $2,721,006 in expenditures. Expenditures for 2025 include: administration ($60,000), Bellingham Whatcom County tourism ($500,000), Mount Baker Theater ($526,147), Whatcom Museum ($190,059), Tourism promotional grants (704,800) signature events (175,000), countywide wayfinding planning and implementation ($265,000) and special projects ($300,000). Pursuant to state law, the City Council cannot change the funding amount or add new recipients or programs to the list. The City Council can decline approval of a line item in its entirety. Revenues are expected to be over $2,400,000 in 2024. (AB24330) Approved 6-0, Hollie Huthman excused.
235. Grant a noise variance to Premium Services of Bellingham for nightwork at Boulevard Park? Construction work in residential zoned areas between 10 p.m. and 7 a.m. requires a noise variance. At the 10/21/224 meeting, vote #212, Premium was awarded a contract for work in the intertidal area. The variance will allow work when the tide levels are at their lowest. The project includes creation and enhancement of two beach areas to improve public access, improve habitat, and address ongoing erosion along the shoreline. Nightwork activities include lights for safety, earthwork including excavation and placement of beach gravel, trucking of material to the site, removal of wood piling, and other related work. (AB24332) Approved 6-0, Hollie Huthman excused.
236. Authorize the mayor to sign an agreement with Whatcom County for paramedic training? The city and Whatcom County work together to provide paramedic training for city employees and paramedic students from outside agencies. This agreement provides the disbursement of $1,144,274 in EMS funding for the five Bellingham fire fighter students and five students from other regional agencies. The funding pays for student back-fill, preceptor and evaluation costs, books and other consumables for the students. It also provides funding for costs associated with three lateral paramedics. Before lateral paramedics can practice in Whatcom County they participate in an on-boarding process that can take upwards of six months to complete. (AB24333) Approved 6-0, Hollie Huthman excused.
237. Authorize the mayor to sign a sub-recipient reimbursement agreement with Whatcom County for the What-Comm Communications Center? This agreement provides for pass-through funding from the Washington State Military Department. It is directed to the City of Bellingham’s What-Comm Communications Center in support of reimbursement for capital equipment expenses. The state has contracted with Whatcom County to provide reimbursement for certain eligible expenses. By law, these funds must be distributed to Whatcom County. This agreement begins on 7/1/2024, and ends on 8/15/2025. The maximum allocated amount is $43,747. (AB24338) Approved 6-0, Hollie Huthman excused.
238. Authorize the parks and recreation director to sign a $48,000 contract with the state of Washington for two Americorps members? The Bellingham Parks & Recreation Department is requesting approval for two Americorps members for 9/1/2024 through 8/31/2025. The program is a partnership between the city of Bellingham, Washington state and the federal AmeriCorps program. The program provides meaningful service and training opportunities to young adults (ages 18-25) and military veterans. The AmeriCorps members will educate and engage citizens in the restoration of Bellingham’s park lands, including leading volunteer work parties for the public and teaching environmental stewardship programs with local schools. Additional duties include restoration project planning, volunteer recruitment and tracking, outreach events, community partnerships, and curriculum development. At the 9/30/2024 meeting, vote #189, the council approved two Washington Conservation Corps crews. (AB24339) Approved 6-0, Hollie Huthman excused.
239. Appropriate $5,537,219 for payroll checks issued from October 16 to October 31, 2024? (AB24340) Approved 6-0, Huthman excused.
240. Appropriate $4,930,897 for goods and services checks issued from October 25, 2024 through November 7, 2024? (AB24341/24342) Approved 6-0, Hollie Huthman excused.
241. Exempt interim housing use from compliance with the state building code requirements? The YWCA (Young Women’s Christian Association), a tax-exempt organization, has received land use approval to operate an interim housing use at 315 Lakeway Drive for people experiencing homelessness. The facility will serve up to 20 female identifying adults (including pregnant women) and their associated young children under the age of six. The YWCA is requesting an exemption from the full requirements of the building code for five years while the YWCA raises funds for the installation of additional toilets and showers as well as a fire alarm system. A city building official and fire marshal have performed site inspections of 315 Lakeway Drive and determined the building poses no threat to human life, health, or safety. AB24334 (Resolution 2024-32) Approved 6-0, Hollie Huthman excused.
242. Establish a property tax levy for 2025? State law requires the city to pass an ordinance stating its intent to increase property taxes. State law limits the increase of property tax to the lessor of one percent or inflation, as measured by the implicit price deflator. There are four main components that make up the city’s property tax levy: the general fund ($17,983,019), the pension fund ($2,910,294), Greenways ($9,588,491) and housing levies ($1,358,800). The dollar amount of the increase over the actual levy amount from the previous year shall be $297,862, which is a percentage increase of 0.9565 percent from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, any increase in the value of state assessed property, any annexations that have occurred and refunds. AB24311 (Ordinance 2024-11-030) Approved 6-0, Hollie Huthman excused.