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Committee of the Whole

BEL-CTW-2025-01-13 January 13, 2025 Committee of the Whole City of Bellingham
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The Bellingham City Council's Committee of the Whole convened for its first meeting of 2025, with Mayor Kim Lund participating virtually due to illness. The committee advanced several significant items toward evening votes, including a routine jail services agreement with Whatcom County, major updates to the streatery program with new fees and regulations, and a resolution supporting a national infrastructure bank. The meeting's most substantial discussion centered around streeteries—outdoor dining structures built in parking spaces—where the city is implementing new annual fees of approximately $929 per parking stall and updated safety requirements. Council President Huthman recused herself from streatery discussions due to her business having one. The committee also received its first briefing on new security screening procedures that began that same evening for council meetings, including metal detector wands and bag inspections. A late-session discussion about ADA parking requirements in the interim parking ordinance led to a motion directing staff to prepare an alternative version removing the requirement that all new construction include at least one accessible parking space regardless of whether any parking is provided. Council also agreed to postpone reorganization discussions about committee structures and liaison positions to a future meeting, though staff recommended adding a Finance and Budget Committee while eliminating the Climate Action Committee.

**AB 24396 - Jail Services Agreement:** Passed 7-0. Two-year interlocal agreement with Whatcom County for jail services at $184 daily rate plus $116 booking fee, totaling approximately $3 million annually. Staff recommendation aligned with council action. **AB 24397 - Streatery Ordinance:** Passed 6-0 (Huthman recused). Defines "streatery" in municipal code and establishes framework for annual use fees and leasehold excise tax for uses over 30 continuous days. Staff recommendation aligned with council action. **AB 24398 - Streatery Fee Resolution:** Passed 6-0 (Huthman recused). Sets annual use fee at $4.57 per square foot (approximately $929 per standard parking stall) plus 12.84% state leasehold excise tax. Administrative fees range from…

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**Streatery Program Evolution:** The city completed a comprehensive assessment of its pandemic-era streatery program, moving from emergency flexibility to permanent regulation. Staff presented findings from over 1,400 community survey responses showing 70% support for continuing with improvements, 20% favoring phase-out. Key changes include prohibiting propane heaters due to fire safety, requiring electrical heating, establishing material standards (no pallets, plastic, or fabric), and mandating landscaping maintenance. The fee structure moves from parking revenue recovery to land lease methodology, using 8% of median downtown land value ($51.65/sq ft) as the basis. **Municipal Security Posture:** The city implemented its first weapons screening for council meetings, acknowledging changed security landscape since City Hall's 1940s construction. Mayor Lund emphasized parity with other Whatcom County civic buildings and venues like Mount Baker Theatre. Screening includes uniformed armed guards, metal detector wands (walk-through unit delayed in shipping), bag inspections, and secure item storage. ADA ac…
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**Chief Rebecca Mertzig** supported the routine jail agreement continuation, expressing confidence in fair market rates despite past contentious negotiations over cost transparency. **Darby Galligan (Planning Staff)** emphasized streatery program success during COVID while advocating for permanent standards to address community concerns about design quality, safety, and fairness of using public space for private revenue generation. **Matt Stamps (Legal)** clarified the two-part streatery approach requiring both an ordinance (definitions and framework) and resolution (specific fees), plus explained state leasehold excise tax requirem…
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**Mayor Kim Lund, on security evolution:** "It's an acknowledgment that in the 85 years since this building was constructed and set forth to operate as the heart of Bellingham City government, times have changed." **Council Member Anderson, on infrastructure needs:** "We have trillions of dollars of infrastructure that needs to be built across this nation, let alone the work that we have in the state and even locally." **Council Member Lilliquist, on ADA requirements:** "If we waive the par…
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**Immediate Actions:** All agenda bills advance to evening council meeting for final votes. Security screening begins that evening (January 13) with manual wands pending walk-through detector delivery. **Streatery Implementation:** Staff will notify existing permit holders of new requirements with compliance deadline at next annual renewal period. Updated Commercial Right-of-Way Use Guide to be adopted administratively. **Committee Reorganization:** Comprehensive discussion scheduled for next appropriate council meeting with analysis of mandatory vs. optional liaison positions and time commit…

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**Policy Framework:** Streeteries move from temporary pandemic measure to permanent regulated program with standardized fees, safety requirements, and design guidelines. **Security Posture:** City Hall implements first-ever weapons screening for public meetings, fundamentally altering access procedures after 85 years of open entry. **Fee Structure:** Streatery annual costs increase from $50 to approximately $1,100+ per two-stall structure, shifting from administrative cost recovery to fair market value land lease …
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The Bellingham City Council's Committee of the Whole meeting on January 13, 2025, unfolded as a day of returning to fundamentals while grappling with the evolution of urban life. With Mayor Kim Lund participating virtually from her City Hall office due to illness, the afternoon session tackled five substantial agenda items that revealed the complexities of governing a growing Pacific Northwest city. ## Meeting Overview Council President Hollie Huthman called the meeting to order at 1:35 p.m. in the Council Chambers, with all seven council members present. Mayor Lund's virtual participation from her office due to illness set a tone of continuity despite challenges — a metaphor that would characterize much of the meeting's business. The agenda encompassed issues ranging from routine administrative agreements to contentious debates about accessibility, development, and the changing face of Bellingham's downtown landscape. What made this meeting particularly significant was its timing: the first Committee of the Whole meeting of 2025, occurring on the same day that the City Council would implement new security screening measures for evening meetings. This juxtaposition of normalcy and heightened security concerns underscored the delicate balance modern municipal government must strike between openness and safety. ## County Jail Services Agreement The meeting began with what appeared to be routine business — a two-year interlocal agreement with Whatcom County for correctional services. Police Chief Rebecca Mertzig's presentation was refreshingly brief: "This is just a continuation of an existing agreement that we already have. It just simply continues our use of the Whatcom County Jail." But even routine matters revealed underlying tensions about fairness and cost. Councilmember Michael Lilliquist pressed on the financial aspects, noting that the base rate of $184 per day plus a $116 booking fee had been "quite a point of contention" in previous years. "Do you or some other member of the administration know how confident we feel about the fairness of these rates at this moment?" he asked. Chief Mertzig's response reflected the practical realities of regional cooperation: "I'm confident in the fairness. I have no reason to believe it's unfair at this point. I believe it's a market rate." The council approved the agreement 7-0, but the exchange highlighted how even basic services require constant vigilance about equity and fiscal responsibility. ##…
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### Meeting Overview The Bellingham City Council's Committee of the Whole met on January 13, 2025, to address five key agenda items, including agreements for county jail services, regulations for outdoor dining streeteries, support for federal infrastructure funding, and the implementation of new security measures for evening city council meetings. ### Key Terms and Concepts **Streatery:** An outdoor dining area occupying one or more on-street parking stalls that extends from a restaurant on adjacent private property. **Interlocal Agreement:** A formal contract between governmental jurisdictions to share services or facilities, in this case between Bellingham and Whatcom County for jail services. **Leasehold Excise Tax:** A Washington State tax of 12.84% charged on temporary use of public property for revenue-generating purposes lasting 30 or more continuous days. **Committee of the Whole:** A meeting format where all council members participate as a committee to review and discuss items before they go to the full council for a formal vote. **Right-of-Way Use Permit:** Official permission required to use public street space for commercial purposes like streeteries or construction staging. **National Infrastructure Bank:** A proposed federal financing institution that would provide low-cost loans for infrastructure and housing projects without increasing national debt. **ADA Accessibility:** Requirements under the Americans with Disabilities Act to ensure parking and structures are accessible to people with disabilities. **Security Screening:** Metal detector and bag inspection process for public safety at government meetings, similar to courthouse security. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Mayor Kim Lund | Mayor (attended virtually due to illness) | | Council President Hollie Huthman | Council President, recused herself from streatery items | | Council Member Hannah Stone | First Ward | | Council Member Daniel Hammill | Third Ward | | Council Member Edwin "Skip" Williams | Fourth Ward, served as President Pro Tem | | Council Member Lisa …
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