City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes October 24, 2022, 7:00 PM Mayor: Seth Fleetwood 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 Kristina Michele Martens All meetings are held in the City Hall Council Chambers at 210 Lottie Street, Bellingham, WA, unless otherwise noted. Please note the doors to City Hall unlock at 6:30 PM. Call to Order The meeting was called to order by Council President Stone at 7pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. On November 7, 2022 at 7:00 PM, there will be a Public Hearing to consider a comprehensive plan amendment to rezone a property (Parcel 380201234195) in Area 1 of the Cordata Neighborhood to remove all “Town Center” code references in the Cordata PUD 2. On November 14, 2022 at 6:00 PM, Bellingham City Council will hold its fourth and final Town Hall of 2022 devoted to Community Voices on Affordable Housing Roll Call Present: Council President Hannah Stone, First Ward Council Member Hollie Huthman, Second Ward Council Member Daniel Hammill, Third Ward Council Member Edwin H. "Skip" Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Kristina Michele Martens, At Large Public Hearings 23478 1. A Public Hearing on the 2023 Revenue Projections, Including a One p. 8 Percent Increase to the Regular Property Tax Levy City of Bellingham Regular City Council Meeting Page 1 of 11 10/24/2022 Minutes  Forrest Longman, Deputy Finance Director, provided an overview of the anticipated revenues for 2023 and 2024 with a focus on the General Fund. The administration is proposing to increase property taxes by the statutorily allowed 1% for 2023. President Stone opened the Public Hearing. One community member spoke at the Public Hearing. President Stone closed the Public Hearing. Lisa Anderson / Kristina Michele Martens moved to request staff bring forward on November 7th a draft ordinance that includes banking the 1% tax for the 2023 year. MOTION CARRIED 7-0. 23479 2. First Public Hearing on the 2023-2024 Biennial Budget p. 10 Forrest Longman, Deputy Finance Director, provided a high-level summary of the proposed 2023-2024 budget. The proposed budget includes emphasis on public safety, major investments in libraries and parks, creates an Office of Climate, Diversity, Equity, and Inclusion work, and citywide infrastructure improvements. The budget in its entirety can be found at, www.cob.org/budget. This is the first of two Public Hearings on the budget. President Stone opened the Public Hearing. Two members of the public spoke at the Public Hearing. President Stone closed the Public Hearing. 23480 3. Public Hearing to Present an Ordinance Relating to the Council Wards p. 27 of the City, Providing for the Redistricting of Such Wards, and Amending Bellingham Municipal Code Chapter 1.16 Which Describes Each Ward by Election Precincts Chris Behee and Kate Newell from Planning and Community Development presented on the proposed ordinance, which incorporates the new precinct geography and balances population between wards. The Bellingham City Charter and State Law requires a periodic review and, if necessary, a redistricting of the boundaries of the City Council wards to ensure proportionality of the total population and registered voters among the wards. The applicable state statute also requires the City to hold at least one public hearing on its redistricting plan at least one week prior to its adoption. Bellingham last reviewed and amended its City of Bellingham Regular City Council Meeting Page 2 of 11 10/24/2022 Minutes  ward boundaries in 2016 and Whatcom County has since amended Countywide election precincts based on the 2020 Decennial Census data. President Stone opened the Public Hearing. No public comment received. President Stone closed the Public Hearing. Daniel Hammill / Lisa Anderson moved for first and second reading. MOTION CARRIED 6-0. Abstained: Michael Lilliquist Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 23481 1. Mayor's Reappointments to the Greenways Advisory Committee p. 42 (Approval) Mayor Fleetwood reappointed Caleb Savage to his first full term, which will expire on October 28, 2025 and Neil Schaner to his first full term, which will expire on November 18, 2025, at which time both may be reappointed. Daniel Hammill / Lisa Anderson moved to recommend approval of Caleb Savage and Neil Schaner to the Greenways Advisory Committee. MOTION CARRIED 6-0. Abstained: Michael Lilliquist 23482 2. Mayor's Appointment to the Parks and Recreation Advisory Board p. 50 (Information) Mayor Fleetwood appointed Asa Deane to his first partial term, which will expire on September 29, 2023, at which time he may be reappointed. 23483 3. Mayor's Appointment of Stephanie Morrell to the Tourism p. 56 Commission (Information) Mayor Fleetwood appointed Stephanie Morrell to her first partial term, which will expire on December 31, 2023, at which time she may be reappointed. City of Bellingham Regular City Council Meeting Page 3 of 11 10/24/2022 Minutes  Mayor Fleetwood acknowledged volunteers, community partners, and Councilmembers Stone, Williams, and Anderson for their participation at the annual Make a Difference Day and Arbor Day Community Work Party at Whatcom Falls Park on October 22nd. Mayor Fleetwood and City Council thanked Lt. Claudia Murphy for her service to the Bellingham community and recognized her for recently receiving the Kathleen Marshall Award from the Domestic Violence and Sexual Assault Services of Whatcom County. Council Standing Committee Meetings: Public Works and Natural Resources 9:00 AM Michael Lilliquist, Chair Lisa Anderson, Kristina Michele Martens 23220 1. Single Stream Recycling Pilot Update p. 61 Eric Johnston, Public Works Director, and Ted Carlson, General Manager at Sanitary Service Company (SSC), provided an update on the single stream collection of recyclables pilot program. The pilot led to a significant reduction in truck and labor hours and was generally well received by customers. SSC would like to move away from the three-bin recycling system it currently utilizes as a result. Council requested staff bring forward a resolution that seeks to balance costs, optimize the yield of recyclables, and reduce waste for discussion at a later date. 23484 2. Fairhaven Parking Management p. 62 Eric Johnston, Public Works Director, and Carol Rofkar, Superintendent Communications/Facilities/Fleet/Traffic, from Public Works reviewed the Fairhaven Parking Management Plan and addressed Council questions. The Fairhaven Parking Management Plan seeks to measure demand and adjust strategies as needed. Adjustments to respond to demand may include increasing the number of permits issued, expanding the size of the permit area, increasing the cost of on-street parking or increasing the cost of permits. When demand is lower than the targeted 85% usage, an increase in permits issued is an appropriate response. Kristina Michele Martens / Edwin H. "Skip" Williams moved to recommend support and urge the Administration to issue additional Fairhaven parking permits to clear current waitlist, continue with monitoring actions, and report back to Council approximately in February 2023. City of Bellingham Regular City Council Meeting Page 4 of 11 10/24/2022 Minutes  MOTION CARRIED 6-0. Abstained: Michael Lilliquist 23485 3. Introduction of Proposed Ordinance Adding a New Chapter 11.37 to p. 65 the Bellingham Municipal Code Regarding City-Owned Electric Vehicle Charging Stations Seth Vidana, Public Works Climate Energy Manager, presented an overview of the expansion of the City's electric vehicle charging stations and a proposed resolution and ordinance expressing support and codifying next steps. The proposed ordinance establishes policies and procedures for public use of EV charging stations. This is a companion bill to the EV Charging Resolution, which establishes applicable rates for EV charging station use. In 2018, the Bellingham City Council adopted the Climate Action Plan (CAP) and amended it in November 2020. The 2018 CAP and the 2022 CAP Implementation Plan includes initiatives regarding improving electric vehicle (EV) infrastructure and support in Bellingham. The City will be installing charging infrastructure at 26 City-owned sites on public rights-of-way and in public parks. These installations are funded through a $1.5M grant from Washington State Department of Commerce and $500k from the voter-approved Transportation Improvement Fund. 23486 4. Introduction of Proposed Resolution Establishing a Fee Schedule for p. 88 Public Use of City Owned Electric Vehicle Charging Stations Seth Vidana, Public Works Climate Energy Manager, presented an overview of the expansion of the City's electric vehicle charging stations and a proposed resolution and ordinance expressing support and codifying next steps. The proposed EV Charging resolution will set the base rate and surcharges for use of these stations for 36 months. This is a companion bill to the EV Charging Ordinance bill. In 2018, the Bellingham City Council adopted the Climate Action Plan (CAP) and amended it in November 2020. The 2018 CAP and the 2022 CAP Implementation Plan includes initiatives regarding improving electric vehicle (EV) infrastructure and support in Bellingham. The City will be installing charging infrastructure at 26 City-owned sites on public rights-of-way and in public parks. These installations are funded through a $1.5M grant from Washington State Department of Commerce and $500k from the voter-approved Transportation Improvement Fund. Parks and Recreation 10:00 AM Edwin H. "Skip" Williams, Chair Hollie Huthman, Lisa Anderson City of Bellingham Regular City Council Meeting Page 5 of 11 10/24/2022 Minutes 23487 1. 2022 Recreation Needs Assessment Report p. 109 This discussion item was postponed until the November 7th meeting. Committee Of The Whole 10:30 AM Hannah Stone, Chair Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Kristina Michele Martens 23488 1. Working Waterfront Coalition of Whatcom County Presentation p. 140 The Working Waterfront Coalition's (WWC) mission is to promote the vitality and economic benefits of the working waterfronts for the people of Whatcom County. Pete Granger, Jim Kyle, Dan Tucker of the WWC Board presented on the history of the coalition, provided a description of their varied membership, and outlined their success and new initiatives including a new Marine Technician Apprenticeship Program starting in October 2022. 23489 2. 2023 Bike/Pedestrian Projects - Parking Removal p. 154 Eric Johnston, Public Works Director, and Chad Schulhauser, Public Works Engineer, returned for additional discussion of the Bicycle Master Plan recommendations for removal of on-street parking. They shared that four enhanced crosswalks will be installed along Eldridge in 2023. Hannah Stone / Edwin H. "Skip" Williams moved to recommend approval of the removal of on-street parking along sections of W. Illinois Street from Sunset to Lynn, Meridian Street from East Victor to West Illinois, Girard Street from Broadway to Young, and Cornwall Avenue from Laurel to Pine with Eldridge Avenue from Broadway to Nequalicum as a one-year pilot. MOTION CARRIED 6-0. Abstained: Michael Lilliquist 23490 3. Discussion of Immigrant Resource Center Models p. 190 At the May 9, 2022 City Council Meeting, Council asked the Administration to provide the Council with possible operational models that would identify organizational structure as well as budget for an Immigration Resource Center. Brian Heinrich, Deputy Administrator, provided a summary of staff recommendations. Mayor Fleetwood and staff will further refine the proposal, consult with additional stakeholders such as the Immigration Advisory Board, Whatcom County, Small Cities Association, and return for additional discussion at a future meeting. City of Bellingham Regular City Council Meeting Page 6 of 11 10/24/2022 Minutes 23491 4. Budget Work Session p. 206 Today's budget presentations were from ITSD, HR, Legal, and Finance. See Special City Council Minutes 10-24-2022. The 2022 Budget Work Session meetings continue from 1:00pm-3:00pm at City Hall on the following dates:  October 31, 2022 (Police, Planning, Museum)  November 7, 2022 (Mayor, Council, Municipal Court) 23492 5. 2023-2024 Revenue Forecast p. 207 Forrest Longman, Deputy Finance Director, provided an overview of the anticipated revenues for 2023 and 2024 with a focus on the General Fund. The administration is proposing to increase property taxes by the statutorily allowed 1% for 2023. 23493 6. Presentation of 2023 Legislative Agenda p. 208 Brian Heinrich, Deputy Administrator, discussed the proposed 2023 Legislative Agenda. The City partners with the Port of Bellingham and Whatcom County in advocating for a shared legislative agenda to the Washington State Legislature on items of common interest. There is overlap with Association of Washington Cities (AWC). Hannah Stone / Daniel Hammill moved to recommend approval of the proposed 2023 legislative agenda with modification to second bullet under Criminal Justice to "Support state investments to help with the impacts of the Blake decision." MOTION CARRIED 6-0. Abstained: Michael Lilliquist 23494 7. Discussion Regarding Staffing in the City Council Office p. 211 President Stone introduced a proposal to increase current staffing levels in the City Council Office. The outcome of the Salary Commission will also impact Council needs. Additional information will be forthcoming at a future meeting. 23495 8. Work Session to Consider Proposed Amendments to the Bellingham p. 216 Municipal Code (BMC) to Establish a Manufactured Home Park (MHP) Overlay and Regulations Related to the Change of Use, Ownership, and Closure of a MHP On September 12, 2022 the City Council held a Public Hearing to consider amendments to the Bellingham Municipal Code (BMC) that establish a manufactured City of Bellingham Regular City Council Meeting Page 7 of 11 10/24/2022 Minutes  home park (MHP) overlay and regulations related to the change of use, ownership, and closure of a MHP. More information can be found at https://cob.org/MHP. At the end of the hearing, City Council directed additional time for public comment and for staff to return for a work session. Council discussed the proposal at a Committee of the Whole work session on October 3rd and requested additional discussion. Blake Lyon and Chris Behee from Planning and Community Development, returned to Council for follow-up and to answer additional questions. Hannah Stone / Edwin H. "Skip" Williams moved for first and second reading. MOTION CARRIED 6-0. Abstained: Michael Lilliquist 23496 9. Approval of Special Meeting Minutes p. 270 Daniel Hammill / Hollie Huthman moved approval of the October 10, 2022 minutes of the Special City Council meeting as submitted. MOTION CARRIED 6-0. Abstained: Michael Lilliquist 23391 10. Approval of City Council Meeting Minutes p. 273 Edwin H. "Skip" Williams / Hollie Huthman moved approval of the October 3, 2022 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0. Abstained: Michael Lilliquist 11. Old/New Business President Stone thanked the community and shared her experience at the Arbor Day celebration. Executive Session 1. Potential Property Acquisition (Stamps, approx. 3 min) Daniel Hammill / Lisa Anderson moved to approve the Mayor to close the real estate transaction described in the City’s executed purchase and sale agreement with Erik and Paul Senuty with the following terms: Purchase of the property for $390,000, with closing to occur on or before November 19, 2022. City of Bellingham Regular City Council Meeting Page 8 of 11 10/24/2022 Minutes  MOTION CARRIED 6-0. Abstained: Michael Lilliquist 2. Potential Property Acquisition (Stamps, approx. 3 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 3. Potential Property Acquisition (Stamps, approx. 3 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 4. Potential Property Acquisition (Stamps, approx. 3 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 5. Potential Litigation (Stamps, approx. 10 min) Staff provided information on a potential litigation matter. Lisa Anderson / Hollie Huthman moved to approve the Mayor to enter into a Professional Services Agreement with attorney Kinnon Williams of Foster Garvey PC for the provision of legal advice and representation on eminent domain matters as the need arises. MOTION CARRIED 6-0. Abstained: Michael Lilliquist 6. Labor Relations: Discuss Collective Bargaining Strategy (Monahan, approx. 15 min) Staff provided information on a labor relations matter. For information and discussion regarding bargaining authority. Direction provided to staff. 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. 23497 1. Noise Variance - Astound Broadband Permit #PBW2022-0468 p. 288 23498 2. Secretary of State Grant for Archiving and Records Retention p. 294 City of Bellingham Regular City Council Meeting Page 9 of 11 10/24/2022 Minutes 23499 3. Approval of Interlocal Agreement Between the City of Bellingham and p. 301 Whatcom Council of Governments for Contracting and Funding the Lincoln-Lakeway Safety Assessment Data Acquisition Project 23500 4. Interlocal Cooperation Agreement with Western Washington p. 310 University 23501 5. Peace Health Stormwater Line Easement p. 316 23502 6. Authorization of A/P Transactions Issued September 23, 2022 through p. 331 September 29, 2022 23503 7. Authorization of A/P Transactions Issued September 30, 2022 through p. 332 October 06, 2022 23504 8. Authorization of A/P Transactions Issued October 07, 2022 through p. 333 October 13, 2022 23505 9. Authorization of Payroll Labor Cost Payments Dated September 16, p. 334 2022 to September 30, 2022 23506 10. Approval of an Interlocal Agreement Between Whatcom County, p. 335 Bellingham, and the Small Cities Concerning Procedures for Amending the Countywide Planning Policies Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0. Abstained: Michael Lilliquist Final Consideration of Ordinances 23430 1. An Ordinance Amending the 2021-2022 Biennial Budget - Increasing p. 399 Expenditures and Adding Positions Hollie Huthman / 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: Stone, Huthman, Williams, Anderson, Martens NAYS: (None) RECUSED: Hammill ABSTAINED: Lilliquist MOTION CARRIED 5-0 and was thereafter named Ordinance #2022-10-023. City of Bellingham Regular City Council Meeting Page 10 of 11 10/24/2022 Minutes Adjournment There being no further business, the meeting adjourned at 9:24pm. Hannah Stone, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 11/7/2022 City of Bellingham Regular City Council Meeting Page 11 of 11 10/24/2022 Minutes