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BEL-PWN-2025-09-15 September 15, 2025 Public Works Committee City of Bellingham 27 min
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Executive Summary

On a quiet September afternoon, the Bellingham City Council's Public Works and Natural Resources Committee convened for what would become a pivotal meeting in the city's environmental remediation and fish habitat restoration efforts. Committee Chair Hannah Stone opened the session at 1:30 p.m., joined by council members Lisa Anderson and Jace Cotton in the familiar setting of City Hall chambers.

What's Next

**Immediate Timeline:** - Both items advance to City Council for final approval on September 15, 2025 - Padden Creek work continues toward September 30 deadline - Potential fish window extension to October 14 if needed from Department of Ecology **Project Implementation:** - RG Haley/Cornwall cleanup begins upon contract execution - Three-year construction timeline with fish window constraints - Park development phase begins in year three - Trail reopening expected end of October to beginning of November **Funding Milestones:** - Grant and loan funds utilized first - Bonding decisions made after initial funding exhausted - Environmental Remediation Fund provides revenue backing #

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Full Meeting Narrative

## Meeting Overview On a quiet September afternoon, the Bellingham City Council's Public Works and Natural Resources Committee convened for what would become a pivotal meeting in the city's environmental remediation and fish habitat restoration efforts. Committee Chair Hannah Stone opened the session at 1:30 p.m., joined by council members Lisa Anderson and Jace Cotton in the familiar setting of City Hall chambers. The agenda was compact but consequential: two major infrastructure projects that together represented nearly $49 million in public investment and years of careful planning coming to fruition. The first item would authorize the largest environmental cleanup contract in the city's recent history, while the second would grant emergency powers to complete critical fish habitat work before regulatory deadlines expired. What made this meeting particularly significant was the convergence of environmental restoration, public recreation, and regulatory urgency — themes that have increasingly defined Bellingham's approach to balancing its industrial past with its environmental future. ## The $48.7 Million Environmental Cleanup and Park Creation The centerpiece of the afternoon was the contract award for what staff consistently called a "milestone" project: the combined cleanup of the R.G. Haley site and Cornwall Avenue Landfill, paired with the first phase of Salish Landing Park. At $48,779,160.34, the contract with IMCO General Construction represents one of the most significant environmental restoration efforts in Bellingham's history. Mike Wilson, Assistant Director for Engineering and Public Works, set the tone by emphasizing the project's long journey to this moment. "This is a long planned project, major improvement for the city," he told the committee, "and I just want to recognize all the work that's gone in for the city team for public works, parks, legal has had a heavy hand in all this as well." Project engineer Craig Mueller walked the committee through the complex technical details with visible enthusiasm. "We've been working on this for a very, very, very long time and it makes me very happy to be here today," he said. "This is definitely a milestone." The scope of work is extraordinary in its complexity. The R.G. Haley site, once home to a wood treatment facility, encompasses approximately 6 acres of contaminated uplands and 60 acres of contaminated water. The Cornwall Avenue site, the city's former municipal landfill from 1954 to 1965, covers 13 acres of uplands and 3.5 acres of underwater contamination. Together, these sites represent decades of industrial legacy requiring sophisticated remediation techniques. The cleanup methodology involves multiple phases of environmental engineering. Upland areas will receive "upland capping" — a process of grading contaminated sites for proper drainage, then installing a synthetic linear low-density polyethylene welded liner system topped with two feet of clean soil. Intertidal zones will be shaped and armored with rock drift sills designed to prevent erosion while allowing for more effective and smaller-scale armoring solutions. Perhaps most ambitious is the in-water component: approximately 60 acres of Bellingham Bay bottom will receive a sediment cap of varying thickness, roughly a foot deep. "There's this big yellow area," Mueller explained, pointing to the project map, "and this is the in-water portion of the site that will receive a sediment cap of varying thickness, but approximately a foot of sediment." The project also incorporates significant habitat restoration, including eelgrass mitigation throughout nearshore areas and forage fish habitat mitigation along Glass Beach. These environmental enhancements reflect the city's commitment to not just cleaning up contamination but actively improving marine ecosystem function. Once environmental remediation is complete, the first phase of Salish Landing Park will emerge from the cleaned sites. Phase 1 improvements include a small parking area, trails, a sand beach area, grass areas, and a large lookout mound. The park component represents just under $4 million of the total contract value — $3,977,000 specifically allocated to park development. The timeline is ambitious: approximately three years to complete, with park development beginning in year three as one of the final project components. The extended timeline reflects the complexity of the work and regulatory fish windows that govern in-water activities. Council Member Jace Cotton sought clarification about design flexibility, asking whether "the park design is not locked in at this phase." Mueller confirmed that future phases remain flexible: "This is only the first phase of the park, which is a small amount of parking and trails for the most part, and the beach area which had to be incorporated into the overall grading of the contaminated soils underneath it." Council Member Anderson, reflecting on the long journey to this point, noted her personal connection to the project: "I remember when we acquired the property and have been monitoring this for, it seems, decades. So really happy to hear that in three years we might be able to walk it." One striking aspect of the bid process was the significant gap between the engineer's estimate and the winning bid. The engineer had estimated costs at $60,710,443.95, but IMCO General Construction came in at $48,779,160.34 — nearly $12 million lower. When Anderson asked about this substantial difference, Mueller attributed it to competitive bidding on controllable elements, particularly in-water soils work, and the project's appeal to contractors: "In current uncertain times, with fluctuating materials costs, there's nothing that's imported here. It's three years of a dependable job with essentially local materials." The funding structure reflects the complex regulatory and partnership landscape surrounding major environmental cleanup projects. The city has secured a 50% match from the Washington State Department of Ecology's Remedial Action Grant program, with additional funding from the Environmental Remediation Fund, a Public Works Trust Fund loan, the Greenways Fund, and contributions from the Port of Bellingham. Future bonding may be required, supported by revenue from the Environmental Remediation Fund. Council Member Dan Hammill, though not a committee member, raised important questions about tribal consultation for the in-water work. Mueller explained the JARPA (Joint Aquatics Resources Permit Agency) process, where the Army Corps of Engineers serves as lead permitting agency and conducts all required tribal notifications. "There were tribal notifications done and there were no comments received," Mueller reported. The project will also include full-time cultural resources oversight by an archaeologist during excavation phases. Hammill pressed further, asking about the long-discussed possibility of an overwater walkway connecting the future park to Boulevard Park — a concept that surfaced "three mayors ago" but never materialized. City Attorney Amy Kraham confirmed that the cleanup design specifically accommodates potential future walkway footings, "should that ever be something that would be considered by us in the future and would be something that the tribes would agree to in their usual and custom treaty rights." Parks and Recreation Director Nicole Oliver provided additional context about the relationship between current construction and future possibilities. She emphasized that while Phase 1 is "fully designed and will be built according to the designs that are in this bid award," the project team has been "heavily invested in making sure that we were anticipating so that we did not have to get inside of that cleanup material" for future phases. The committee unanimously approved the contract award, with Anderson formally moving approval "for the award of this contract as provided in the packet." The 3-0 vote represents not just approval of a construction contract, but authorization to begin the most significant environmental restoration project in Bellingham's modern history. ## Emergency Fish Passage Work and Neighborhood Impacts The second agenda item presented a different but equally time-sensitive challenge: completing critical fish habitat improvements within regulatory deadlines while managing impacts on residential neighborhoods. The Padden Creek Fish Passage Improvement Project at 12th and 14th Streets had encountered significant delays due to an unexpected diesel spill in August, creating the potential need for 24-hour construction work to meet the September 30 fish window deadline. Public Works Director Joel Pfundt opened the discussion by acknowledging the community impact while emphasizing the project's importance. "We know this is an impact to the community, but we also know that the community cares deeply about getting this project finished and getting it in a shape where it's accessible for fish." The project itself represents a significant investment in salmon and trout habitat restoration. Using $5,367,224 in grants from the Brian Abbott Fish Barrier Removal Board, the city is replacing two partial fish barriers and fish ladders with bridge-like arched culverts, pools, and large woody debris installations. These improvements will remove barriers to migrating salmon and trout while improving water quality and aquatic function within Padden Creek. The regulatory constraints governing the work are non-negotiable. All in-stream work must be completed below the ordinary high-water mark by September 30, 2025, as required by the fish window — environmental protection measures that prevent construction activities during critical fish spawning and migration periods. "Approximately three weeks have been lost during this fish window due to the diesel spills that occurred in August," Pfundt explained, creating the urgent timeline pressure. Project engineer Craig Mueller provided a detailed progress update that revealed both the intensity of current work and the tight scheduling margins. At the 14th Street crossing, work had progressed ahead of the 12th Street site because the latter was directly impacted by the diesel spill. "14th Street is nearly out of the ordinary high water mark," Mueller reported, while at 12th Street, crews were placing streambed sediment and preparing to install large woody debris and culvert footings. The technical complexity of the installation is significant. The new culverts are approximately 34-foot diameter arched structures with concrete footings but no floor, allowing natural stream flow. "The culvert is on site and will be starting to be assembled," Mueller explained. "It comes in like 10-foot lengths of iron sheets basically and gets bolted together on site." Current work schedules already push normal limits, with crews working from 7:00 a.m. to 9:00 p.m., six days a week. "Their current schedule is to be done with in-water work a couple of days shy of that deadline of the 30th," Mueller reported. The contractor, Faber, indicated they believed they could complete the work within these extended but legal hours, but requested the noise variance as insurance against unforeseen complications. Council Member Anderson raised pointed concerns about community notification, drawing on lessons from the diesel spill response. "I know when we received multiple emails when there was the diesel spill because people felt that there wasn't enough information that got to them directly," she said. She specifically highlighted residents near Rosewood Lane as those most likely to be impacted by noise from extended work hours. Anderson's emphasis on direct notification reflected broader community relations lessons: "Not everybody is on Nextdoor Neighbor. We don't have everybody's email. So the best way would be to get something to them directly so that they know and can make plans of making sure they have earplugs for the duration." The city's planned communication strategy includes multiple channels: emailing neighborhood and business associations, updating the project website, posting to Nextdoor, and distributing door hangers in the most impacted areas. Pfundt committed to transitioning communication responsibilities "from the construction side of things to our outreach and communications folks as early as possible so we can make all that happen so people aren't surprised." Committee Chair Stone sought clarity about implementation responsibilities, asking whether notification would be handled by the city or contractor. Pfundt's response suggested a collaborative approach: "Yes, I think is the simple answer. If it becomes necessary, we would probably try to give 24 hours notice and whoever we can find to distribute notifications on doors would be, I could see it being a joint effort." The diesel spill that created these scheduling pressures also raised questions about financial responsibility. Stone confirmed her understanding that cleanup costs were being covered by the contractor, not the city. Pfundt explained there were two separate response components: the immediate emergency cleanup, which has been "substantially completed," and a longer-term responsibility determination led by the Department of Ecology. "Our expectation is that that responsibility lies with the contractor," he stated. The city has also requested potential deadline extensions from permitting agencies. Pfundt reported outreach to the Army Corps of Engineers and Washington Department of Fish and Wildlife for a possible extension to October 14th, "but as we said before, we don't anticipate needing it." He noted the practical limitations of any extension: "Even if we get an extension, you all know what happens after October 1st here, the rain starts. So even if we would get an extension, it wouldn't necessarily help the project." The noise variance request itself reflects the broader tension between environmental protection and community livability. BMC 10.24.120(C)(4) allows the City Council to grant variances "for the construction or repair of a public facility or utility upon a finding that it is either necessary or in the public interest for all or a portion of the work to be performed between the hours of 10:00 p.m. and 7:00 a.m." Staff argued that multiple factors support finding the extended work hours in the public interest: the current construction conditions create more significant fish barriers than existed before work began; ongoing bypass pumping of both creek water and sanitary sewer presents operational risks if extended; and further delays would extend trail closure impacts on park and trail users. The scope of potential neighborhood impacts is significant. According to staff reports, 66 residences exist within 500 feet of the work area, with approximately 150 residences within 1,000 feet. The project involves heavy equipment including excavators, front loaders, dump trucks, compactors, air compressors, portable light plants, pumps, and generators — all potential sources of nighttime noise if the variance is utilized. One ongoing aspect of the project that already affects neighbors 24/7 is the bypass pumping system. "These pumps have been running 24/7 through the duration of the project and will remain until they are no longer required," Mueller explained. "Personnel are also present currently at all hours to monitor the pumps." The committee unanimously approved the noise variance, with Anderson moving "to approve the noise variance." The 3-0 vote grants the city and contractor authorization to work extended hours if needed, though all parties expressed hope that normal construction hours would prove sufficient. ## Consent Agenda & Routine Business The meeting focused entirely on the two substantive agenda items, with no separate consent agenda or routine business items requiring committee attention. ## Closing & What's Ahead The meeting concluded efficiently at 1:57 p.m., with Committee Chair Stone noting that both recommendations would move forward to the full City Council meeting that evening. The brevity of the session belied the significance of the decisions made — authorizing nearly $49 million in environmental restoration work and granting emergency powers to complete time-sensitive habitat improvements. Both projects now move to implementation phases that will significantly impact Bellingham's environmental landscape and waterfront access over the coming years. The RG Haley/Cornwall cleanup and Salish Landing Park development represents a three-year commitment to transforming contaminated industrial sites into public recreational space, while the Padden Creek fish passage work addresses the more immediate need to restore salmon and trout habitat before winter spawning seasons. The meeting's efficient pace and unanimous votes reflected broad council support for both environmental restoration priorities, even as staff acknowledged the community impacts and technical challenges ahead. As the committee adjourned, the focus shifted to the evening's full council session, where these recommendations would face final approval and formal authorization to proceed. The afternoon's decisions mark significant milestones in Bellingham's ongoing transformation from an industrial waterfront city to one that balances economic development with environmental restoration and public access. Whether restoring contaminated sites for public parks or removing barriers for migrating salmon, both projects embody the community's commitment to environmental stewardship and habitat restoration.

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Study Guide

### Meeting Overview The Public Works and Natural Resources Committee of the Bellingham City Council met on September 15, 2025 to consider two major infrastructure and environmental projects. The committee approved awarding a $48.8 million contract for the RG Haley/Cornwall Landfill cleanup and Salish Landing Park development, and granted a noise variance for the Padden Creek fish passage improvement project. ### Key Terms and Concepts **Model Toxics Control Act (MTCA):** Washington state law requiring cleanup of contaminated sites to protect human health and the environment. **Consent Decree:** A legal agreement between the city and Washington State Department of Ecology that outlines responsibilities and timeline for environmental cleanup. **Fish Window:** A regulatory period when in-water construction work is allowed to protect fish migration and spawning, typically ending September 30th. **Upland Capping:** Environmental remediation technique involving grading contaminated soil and covering with synthetic liner and clean soil cap. **JARPA Permitting:** Joint Aquatics Resources Permit Application process that coordinates multiple agencies for water-related construction projects. **Ordinary High Water Mark:** The boundary between upland and in-water areas, important for determining when special fish protection rules apply. **Eelgrass Mitigation:** Required habitat restoration to compensate for environmental impacts to underwater grass beds important for fish. **Drift Sill:** Rock structures placed in water to prevent erosion and protect shorelines from wave action. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Hannah Stone | Committee Chair, First Ward Council Member | | Lisa Anderson | Committee Member, Fifth Ward Council Member | | Jace Cotton | Committee Member, At-Large Council Member | | Joel Pfundt | Public Works Director | | Mike Wilson | Assistant Public Works Director - Engineering | | Craig Mueller | Project Engineer | | Nicole Oliver | Parks and Recreation Director | | Amy Kraham | Senior Assistant City Attorney | | Dan Hammill | Council Member (non-committee member) | ### Background Context The RG Haley/Cornwall cleanup represents the culmination of decades-long efforts to remediate two contaminated waterfront sites. The RG Haley site was formerly a wood treatment facility, while Cornwall was Bellingham's municipal landfill from 1954-1965. Both sites require extensive environmental cleanup before they can become public parkland. This project is significant because it will create the first phase of Salish Landing Park while safely capping decades of contamination. The Padden Creek fish passage project addresses critical salmon and trout migration barriers on the Interurban Trail. The work was delayed by a diesel spill in August, creating time pressure to complete work within the regulatory fish window that protects spawning fish. The committee's approval of 24-hour work authorization ensures the project can meet environmental deadlines even if it means temporary noise impacts for neighbors. ### What Happened — The Short Version The committee unanimously approved awarding the largest environmental cleanup contract in city history—$48.8 million to IMCO General Construction for cleaning up two contaminated waterfront sites and building the first phase of Salish Landing Park. The project came in nearly $12 million under the engineer's estimate. The committee also approved a noise variance allowing 24-hour construction on the Padden Creek fish passage project, which was delayed by a diesel spill and must be completed by September 30th to meet fish protection requirements. ### What to Watch Next - Full Council consideration of both recommendations at the evening meeting - Potential fish window extension for Padden Creek project to October 14th - Start of three-year RG Haley/Cornwall cleanup construction timeline - Community notification if 24-hour work becomes necessary on Padden Creek ---

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Flash Cards

**Q:** What was the total contract amount awarded to IMCO General Construction? **A:** $48,779,160.34 including applicable Washington State sales tax. **Q:** How much lower was the winning bid compared to the engineer's estimate? **A:** Nearly $12 million lower—the estimate was $60,710,443.95. **Q:** What are the two contaminated sites being cleaned up? **A:** The RG Haley site (former wood treatment facility) and Cornwall Landfill site (city's landfill from 1954-1965). **Q:** How long will the RG Haley/Cornwall cleanup project take to complete? **A:** Approximately three years due to the scope of work and in-water fish windows. **Q:** What is the fish window deadline for the Padden Creek project? **A:** September 30, 2025, with potential extension to October 14th if approved by Department of Ecology. **Q:** Why was the Padden Creek project delayed? **A:** Due to a recent diesel spill that occurred in August 2025. **Q:** What are drift sills and why are they needed? **A:** Rock structures placed to prevent erosion and allow for smaller, more effective armoring along the shoreline. **Q:** Who is Craig Mueller? **A:** Project engineer with Public Works who presented both projects to the committee. **Q:** What funding sources support the RG Haley/Cornwall project? **A:** Remedial Action Grant, Environmental Remediation Fund, Public Works Trust Fund loan, Greenways Fund, and possible bonding. **Q:** How much of the total contract is allocated to park development? **A:** Just under $4 million or $3,977,000 for the Salish Landing Park component. **Q:** What committee members voted on these items? **A:** Hannah Stone (Chair), Lisa Anderson, and Jace Cotton—all voted unanimously to approve. **Q:** What does JARPA stand for? **A:** Joint Aquatics Resources Permit Application—a coordinated permitting process for water-related projects. **Q:** How many residences are within 500 feet of the Padden Creek work? **A:** Sixty-six residences, with approximately 150 residences within 1000 feet. **Q:** What will Phase 1 of Salish Landing Park include? **A:** Small parking area, trails, sand beach area, grass areas, lookout mound, and utilities for future phases. **Q:** When might the trails reopen after Padden Creek work? **A:** Likely end of October to beginning of November 2025. **Q:** What tribal consultation occurred for the in-water work? **A:** Tribal notifications were sent through the Army Corps permitting process with no comments or objections received. **Q:** What is upland capping? **A:** Grading contaminated sites for proper drainage and installing synthetic liner with 2-foot soil cap on top. **Q:** Who was the committee chair for this meeting? **A:** Hannah Stone, First Ward Council Member. **Q:** What type of culverts are being installed at Padden Creek? **A:** 34-foot diameter arched culverts with concrete footings and no floor. **Q:** Why might 24-hour work be necessary on Padden Creek? **A:** To complete all in-stream work below ordinary high water mark before the fish window expires. ---

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