City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes December 5, 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 City Council Regular 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 December 12, 2022 at 7:00 PM, there will be a Public Hearing to consider the proposed updates to the design review program as it currently applies to the Downtown, Old Town, Waterfront, Fairhaven, Fountain, Samish and Barkley urban villages. The proposal includes modification of design review standards in Bellingham Municipal Code sections 20.25, 20.35 and 20.37, adoption of unified urban village and historic preservation design guidelines and updates to review procedures. 2. On December 12, 2022 at 7:00 PM, there will be a Public Hearing to consider the Greenways Strategic Plan for 2022-2026. This plan will guide spending of Greenways Levy funds. Details available here: https://cob.org/project/2022-2026-greenways-strategic-plan. 3. On December 12, 2022 at 7:00 PM, there will be a Public Hearing to consider the Master Plan for Maplewood/McLeod Neighborhood Park, located in the Birchwood Neighborhood. Details available here: https://engagebellingham.org/maplewood-mcleod-park. 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 City of Bellingham Regular City Council Meeting Page 1 of 8 12/5/2022 Minutes  Council Member Michael Lilliquist, Sixth Ward Council Member Kristina Michele Martens, At Large Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. 23544 1. Mayor's Reappointment of Richard Davis, III to the Civil Service p. 7 Commission (Approval) Mayor Fleetwood reappointed Richard Davis III to his second term, which will expire on January 1, 2028, at which time he may be reappointed. Daniel Hammill / Edwin H. "Skip" Williams moved to recommend approval of Richard Davis III to the Civil Service Commission. MOTION CARRIED 7-0. 23545 2. Mayor's Appointment of Valerie Billmire to the Bellingham Housing p. 9 Authorities Board of Commissioners (Information) Mayor Fleetwood appointed Valerie Billmire to her first term, which will expire on April 18, 2027, at which time she may be reappointed. There will be a corresponding appointment of Ms. Billmire by the Whatcom County Executive to the Whatcom County Housing Authority Board of Commissioners. Mayor Fleetwood shared the City will be receiving several grants including,  400k from the Transportation Improvement Board for the 12th and Finnegan and 11th and Mackenzie multi-modal safety improvements  62k from the Association of Washington Cities and Washington State Health Care Authority to support the Alternative Response Team Mayor Fleetwood recognized Western Washington University's Women's soccer team for becoming Division II National Champions. Mayor Fleetwood highlighted the recent City Tree Lighting Ceremony on December 2nd. Council Standing Committee Meetings: Public Works and Natural Resources 1:00 PM Michael Lilliquist, Chair Lisa Anderson, Kristina Michele Martens City of Bellingham Regular City Council Meeting Page 2 of 8 12/5/2022 Minutes 23546 1. Request for Sewer Service Outside City Limits at 2428 Yew Street p. 14 Road In August 2022, Whatcom County Health Department discovered that the septic system at the residence 2428 Yew Street Road failed. The owners are requesting to enter into a contract with the City of Bellingham for retail sewer service outside City limits, which is allowed under BMC Chapter 15.36 when City Council determines that such service "is necessary to protect basic public health and safety and the environment." Michael Lilliquist / Lisa Anderson moved to recommend approval sewer service at 2428 Yew Street Road. MOTION CARRIED 7-0. 23547 2. Bid Award for F Street Crossing Project - WF022, Bid 43B-2022 p. 25 Eric Johnston, Public Works Director, and Chad Schulhauser, Assistant Director of Engineering provided a summary of the F Street Crossing Project, which will install safety measures to the at grade rail crossing at F Street. The project is one of several rail crossing safety improvements enabling the City to apply for the establishment of the "Waterfront Quiet Zone." The City received two bids, which were publicly opened on October 27, 2022. Colacurcio Brothers Construction Inc. was the responsible bidder who submitted the lowest responsive bid for the Base Bid in the sum of $1,341,169.70, including any applicable Washington State sales or use tax. Mr. Johnston explained that an alternate bid schedule, for installation of conduits for future connections to the Port’s fiber network, had to be withdrawn for technical reasons and will be added back into the project as a change order at a later date. That addition will not need to come back to the City Council. Michael Lilliquist / Lisa Anderson moved to recommend approval of the award bid to Colacurcio Brothers Construction for $1,341,169.70. MOTION CARRIED 7-0. Community and Economic Development 1:30 PM Hollie Huthman, Chair Michael Lilliquist, Kristina Michele Martens 23548 1. Interlocal Agreement with Whatcom County for Ground-Level p. 30 Response and Coordinated Engagement (GRACE) Services City of Bellingham Regular City Council Meeting Page 3 of 8 12/5/2022 Minutes  Tara Sundin, Community and Economic Development Manager, presented on the Interlocal Agreement. The ILA establishes Whatcom County as the administrator of the Whatcom Ground-Level Response and Coordinated Engagement (GRACE) Program. Coordinated administration with the City of Bellingham (COB) is required to administer direct services and monitor success of the program. The City will reimburse Whatcom County with up to $392,000 in GRACE Program costs annually, in 2023 and 2024. Hollie Huthman / Daniel Hammill moved to recommend approval of the Interlocal Agreement with Whatcom County for Ground-Level Response and Coordinated Engagement (GRACE) Services. MOTION CARRIED 7-0. 23549 2. Consideration of Bellingham Whatcom County Tourism's 2023 p. 39 Tourism Promotion Area Budget Tara Sundin, Community and Economic Development Manager, presented the Bellingham Whatcom County Tourism Promotion Area draft budget for the Council's review and approval as its role as the legislative authority. Hollie Huthman / Edwin H. "Skip" Williams moved to recommend approval of the Bellingham Whatcom County Tourism Promotion Area budget. MOTION CARRIED 6-0. Abstained: Daniel Hammill 23550 3. Consideration of the Lodging Tax Advisory Committee's 2023 Budget p. 72 Recommendations Tara Sundin, Community and Economic Manager, presented the proposed 2023 budget expenditures for the Lodging Tax Advisory Committee (LTAC). Hollie Huthman / Edwin H. "Skip" Williams moved to recommend approval of the Lodging Tax Advisory Committee's 2023 expenditures. MOTION CARRIED 5-0. Abstained: Hollie Huthman, Daniel Hammill Committee Of The Whole 2:00 PM Hannah Stone, Chair Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Kristina Michele Martens City of Bellingham Regular City Council Meeting Page 4 of 8 12/5/2022 Minutes 23554 1. Salary Commission Report p. 74 Stacey Carroll, HR Experts On-Call, and Gene Knutson, Councilmember Emeritus, presented on the work of the Salary Commission. In November 2021, City Council approved an ordinance to establish an independent Salary Commission to review and fix the salaries for members of City Council. According to the ordinance, the decision of the Salary Commission will be final with no further action from City Council, will be incorporated into the budget, and will amend Bellingham Municipal Code 3.12.010 A. The Salary Commission set the salary at $67,000 effective 1/1/2023. This replaces the current salary including the monthly meeting stipend. The salary will increase by 3% on 1/1/2024 and every January 1st thereafter. Information Only. 23551 2. An Ordinance Amending the 2021-2022 Biennial Budget Increasing p. 76 Expenditures Forrest Longman, Deputy Finance Director, provided a summary of the final budget ordinance of the year. The ordinance adds $700,000 for utility overages from rate increases, unbudgeted costs related to private security, and less than anticipated salary savings to the Parks and Recreation Department and $100,000 to the Legal Department due to higher than anticipated wage and benefit costs. Hannah Stone / Michael Lilliquist moved for first and second reading. MOTION CARRIED 7-0. 23552 3. An Ordinance Repealing Chapter 4.32 of the Bellingham Municipal p. 80 Code Forrest Longman, Deputy Finance Director, provided a summary of the ordinance removing Chapter 4.32 of the Bellingham Municipal Code. What was once called the Warehouse Fund has long since become the Purchasing Fund. The warehousing service now almost exclusively supports the City's water utility. The 2023-2024 Biennial Budget transfers purchasing staff from the Public Works Department to the Finance Department. As part of this change, the budget assumes elimination of the Purchasing Fund and moves the activity into the General Fund, it transfers existing dollars in the Purchasing Fund to the Facilities Fund to re-roof and add solar panels to the warehouse roof, and it shifts the remaining warehouse operations to the water utility. Hannah Stone / Lisa Anderson moved for first and second reading. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 5 of 8 12/5/2022 Minutes 23553 4. Municipal Court Judge Salary Increase p. 83 Forrest Longman, Deputy Finance Director, summarized the ordinance, which proposes to align the Municipal Court judge salary with District Court judges as determined by the Washington Citizens' Commission on Salaries for Elected Officials, which has discretion in setting the salary for District Court judges, among other positions. State law allows for the City to receive a reimbursement for a portion of the cost if 1) the Municipal Court judge is elected and 2) an ordinance aligning the salary with District Court judge is adopted. This change also affects the Court Commissioner salary as by policy they are paid 85% of the Municipal Court judge's salary. Hannah Stone / Edwin H. "Skip" Williams moved for first and second reading. MOTION CARRIED 7-0. 23555 5. An Ordinance Adopting the 2023-2024 Biennial Budget p. 86 Forrest Longman, Deputy Finance Director, introduced the proposed 2023-2024 Biennial Budget Ordinance. The ordinance sets the budget for the two-year period beginning on January 1, 2023 and includes operating expenditures of $641,130,696 and capital expenditures of $203,295,003. Hannah Stone / Lisa Anderson moved for first and second reading. MOTION CARRIED 7-0. 23556 6. A Resolution Setting the Dates and Times of the 2023 City Council p. 92 Meetings President Stone presented the Resolution, which establishes the meeting calendar for 2023. Hannah Stone / Edwin H. "Skip" Williams moved final approval of Resolution #2022- 23. MOTION CARRIED 7-0. 23557 7. Approval of City Council Special Meeting Minutes p. 96 Daniel Hammill / Michael Lilliquist moved approval of the November 14, 2022 minutes of the Special City Council meeting as submitted. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 6 of 8 12/5/2022 Minutes 23391 8. Approval of City Council Committee and Regular Meeting Minutes p. 99 Hollie Huthman / Lisa Anderson moved approval of the November 21, 2022 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 9. Old/New Business Councilmember Martens requested follow-up information related to programmatic community funding for individuals interacting with law enforcement such as caseworkers, mental health support, and job training. President Stone welcomed and introduced the new City Council Legislative Assistant, Jacqueline Lassiter. Executive Session 3:00 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Stamps, approx. 3 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 2. Potential Property Acquisition (Stamps, approx. 3 min) Staff provided information on a potential property acquisition. For information and discussion. 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. 23558 1. Third Modification to What-Comm Communications Center Interlocal p. 117 Agreement with Whatcom County 23559 2. Interlocal Financial Assistance Agreement for Crisis Intervention p. 138 Services through the Health Department 23560 3. Interlocal Agreement Between the Housing Authority and Bellingham p. 144 Police Department 23521 4. Amendment of the First Response Emergency Medical Services p. 151 Contract with Whatcom County City of Bellingham Regular City Council Meeting Page 7 of 8 12/5/2022 Minutes 23562 5. Authorization of Payroll Labor Cost Payments Dated October 16, 2022 p. 174 to October 31, 2022 23563 6. Authorization of A/P Transactions Issued November 11, 2022 through p. 175 November 17, 2022 23564 7. Authorization of A/P Transactions Issued November 18, 2022 through p. 176 November 23, 2022 Daniel Hammill / Edwin H. "Skip" Williams moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 23531 1. An Ordinance of the City of Bellingham, Washington Providing for the p. 177 Acquisition by Eminent Domain of Property for the Purpose of the James/Bakerview Intersection Reconstruction Project and Authorizing Payment Thereof from the City’s Street Daniel Hammill / Hollie Huthman 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, Hammill, Williams, Anderson, Lilliquist, Martens NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2022-12-031. Adjournment There being no further business, the meeting adjourned at 7:30pm. Hannah Stone, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 12/12/2022 City of Bellingham Regular City Council Meeting Page 8 of 8 12/5/2022 Minutes