City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes February 13, 2023, 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 Lilliquist at 7pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Roll Call Present: Council President Michael Lilliquist, Sixth Ward Council Member 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 Kristina Michele Martens, At Large Public Hearing 23616 1. A Public Hearing to Consider a Rezone of the Parcel Addressed as 331 p. 6 Chuckanut Drive N (Parcel 370212 230367) in Area 8 of the South Neighborhood to Amend the City’s Adopted Zoning Map Kathy Bell, Senior Planner, Planning and Community Development, presented a summary of a proposed rezone to create a new subarea, Area 8A, in the South Neighborhood Table of Zoning regulations with a Residential-Single zoning designation, a 7,200 square-foot density, a cluster use qualifier and to amend the City’s adopted zoning map. The Public Hearing was opened by President Lilliquist. 5 members of the public spoke at the Public Hearing. City of Bellingham Regular City Council Meeting Page 1 of 8 2/13/2023 Minutes  The Public Hearing was closed by President Lilliquist. Lisa Anderson / Daniel Hammill moved for first and second reading. MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. 23617 1. Mayor's Appointment of Colin Beazley to the Mayor's Neighborhood p. 93 Advisory Commission (Information) Mayor Fleetwood appointed Colin Beazley as the York Neighborhood Primary Representative to his first term, which will expire on January 30, 2024, at which time he may be reappointed. 23618 2. Mayor's Reappointment of Kelly Hart to the Tourism Commission p. 97 (Information) Mayor Fleetwood reappointed Kelly Hart to her fifth term, which will expire on December 31, 2024, at which time she may be reappointed. 23619 3. Mayor's Appointment of Gene Knutson to the Civil Service p. 99 Commission (Approval) Mayor Fleetwood appointed Gene Knutson to his first partial term, which will expire on January 1, 2024, at which time he may be reappointed. Daniel Hammill / Hannah Stone moved to recommend approval of Gene Knutson to the Civil Service Commission. MOTION CARRIED 7-0. Mayor Fleetwood invited the public and staff to the dedication ceremony for the new Pacific Street Operations Center on March 1st from 4pm-6pm. More details are available online. Mayor Fleetwood announced that he is lifting his executive order requiring COVID-19 vaccinations for City of Bellingham employees, volunteers and on-site indoor contractors, effective February 13, 2023. More information is available online. City of Bellingham Regular City Council Meeting Page 2 of 8 2/13/2023 Minutes Council Standing Committee Meetings: Public Works and Natural Resources 1:00 PM Hannah Stone, Chair Lisa Anderson, Kristina Michele Martens 23620 1. Request for Sewer Service at 2357 Yew Street Road p. 102 The owners of the existing residence at 2357 Yew Street Road have been informed by the Whatcom County Health Department that the septic system that serves the residence has 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." Hannah Stone / Lisa Anderson moved to recommend approval of the request for City sewer service at 2357 Yew Street Road. MOTION CARRIED 7-0. 23621 2. IDIQ for Electrical Services 70B-2022 p. 118 The City of Bellingham solicited competitive bids to establish a public works contract for Indefinite Delivery Indefinite Quantity (IDIQ) electrical services, including planned maintenance as well as emergency and non-emergency repair work. The term of the on-call agreement will be three years, with the option to extend for one additional year and will not exceed the amount of $2,000,000. Hannah Stone / Edwin H. "Skip" Williams moved to recommend approval of Mills Electric for the IDIQ Electrical Services agreement. MOTION CARRIED 7-0. Planning 1:10 PM Lisa Anderson, Chair Daniel Hammill, Edwin H. "Skip" Williams 23622 1. Work Session for Consideration of an Ordinance Amending Accessory p. 139 Dwelling Unit Regulations and Process On January 23, 2023, City Council held a public hearing to consider amendments to Bellingham Municipal Code Titles 20 and 21 for purposes of improving accessory dwelling unit (ADU) standards, permitting process, affordability, and consistency with state legislation. Blake Lyon, Director, and Chris Koch, Planner from Planning and City of Bellingham Regular City Council Meeting Page 3 of 8 2/13/2023 Minutes  Community Development, returned to address Council questions and provide additional information. Council will continue to discuss and refine the proposed ordinance. Committee Of The Whole 2:10 PM Michael Lilliquist Chair Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Kristina Michele Martens Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time. 23605 1. Discussion of City Council Response to Stakeholder Advisory p. 208 Committee Recommendations President Lilliquist and Council Member Hammill returned with an updated draft letter from the City Council to the County Council regarding the Stakeholder Advisory Committee’s (SAC) recent recommendations. Council discussed the letter and made additional revisions. Michael Lilliquist / Daniel Hammill moved to recommend approval of the letter as amended during the Committee of the Whole meeting. MOTION CARRIED 7-0. 23623 2. Approval of City Council Committee and Regular Meeting Minutes p. 228 Daniel Hammill / Edwin H. "Skip" Williams moved approval of the January 23, 2023 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 3. Old/New Business President Lilliquist recapped Council Member Martens' request to discuss public restrooms across the City. Public Works and the Administration will be returning in the near future with a proposal for City Council's review. President Lilliquist announced a return to open public comment after regular City Council meetings beginning February 27, 2023 for 30 minutes. Individuals can sign-up ahead of time if desired and the discussion will be streamed and recorded via Zoom. Council Member Stone reminded the public about additional ways to provide comment including individual meetings, emails, and via Engage Bellingham. City of Bellingham Regular City Council Meeting Page 4 of 8 2/13/2023 Minutes Executive Session 2:25 PM Closed to the public. Report in the Regular Meeting only: 1. Labor Relations: Review Contract Proposal for AFSCME Local 114 (Monahan, approx 5 mins) Staff provided information on the proposed 2023-2024 collective bargaining agreement between the City and AFSCME, Local 114 (Prospect Dispatch). Edwin H. "Skip" Williams / Lisa Anderson moved to ratify the agreement reached with the following general terms: DURATION: January 1, 2023 through December 31, 2024. WAGES AND COMPENSATION:  Effective January 1, 2023: 3% COLA with an additional 4% market adjustment for a total wage increase of 7%  Effective January 1, 2024: 3% COLA  Adding Juneteenth holiday  Eliminated the Perfect Attendance Bonus and implemented a Sick Leave cash out provision  Eliminated Master Service Premium, modified the Telecommunicator Certification Premium, and added a new EMT Certification Premium  Created bargaining unit longevity steps consistent with the WhatComm unit  $500 signing bonus MEDICAL INSURANCE:  For 2023, maintain current language to increase the City’s contribution to Medical Health Care by 5%.  For 2024, increase the City’s contribution to Medical Health Care by 6%. MOTION CARRIED 7-0. 2. Potential Property Acquisition (Stamps, approx 5 min) Staff provided information on the potential acquisition of a watershed parcel totaling 0.67 acres (parcel #370420 563399) with one potential development unit, owned by Valerie Greffard. Hollie Huthman / Edwin H. "Skip" Williams moved to authorize the Mayor to close the real estate transaction described in the City’s executed purchase and sale agreement with Valerie Greffard with the following terms: Purchase of the property for $82,500, with closing to occur on or around February 24, 2023. City of Bellingham Regular City Council Meeting Page 5 of 8 2/13/2023 Minutes  MOTION CARRIED 7-0. 3. Potential Litigation: Claim #2022-46 (Good, approx 5 min) Staff provided information on a potential litigation matter. For information and discussion. No action taken. 4. Potential Litigation: Claim #2022-45 (Good, approx 5 min) Staff provided information on a potential litigation matter. Lisa Anderson / Edwin H. "Skip" Williams moved to authorize the Mayor to enter into a settlement agreement with the claimant with the following terms: Resolution of claim number 2022-45 for the payment of $100,208.88 to the claimant for damages related to a ruptured pipe. MOTION CARRIED 7-0. 5. Litigation: DeBruin et al. v. City of Bellingham (Good, approx 10 min) Staff provided information on a litigation matter. Daniel Hammill / Hannah Stone moved to authorize the Mayor to enter into a contract with outside counsel to assist the City Attorney’s office in representing the City of Bellingham in this lawsuit. MOTION CARRIED 7-0. 6. Litigation: Hanlon v. City of Bellingham (Erb, approx 10 min) Staff provided information on a litigation matter. Hollie Huthman / Edwin H. "Skip" Williams moved to authorize the Mayor to execute a negotiated settlement agreement with the plaintiff. The City will make a lump sum payment of $750,000 in exchange for dismissal with prejudice of the worker's compensation appeal in Whatcom County Superior Court. The City's contribution towards the settlement will be approximately $130,000; the balance will be paid by the City's excess insurance carrier. The dismissal means that the Board's order on appeal is affirmed and, consequently, the occupational disease claim is rejected. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 6 of 8 2/13/2023 Minutes  7. Potential Litigation (Erb, approx 10 min) Staff provided information on a potential litigation matter. 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. 23625 1. Authorization of A/P Transactions Issued January 12, 2023 through p. 249 January 19, 2023 23626 2. Authorization of A/P Transactions Issued January 19, 2023 through p. 250 January 26, 2023 23627 3. Authorization of Payroll Labor Cost Payments Dated January 1, 2023 p. 251 to January 15, 2023 Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 23603 1. An Ordinance of the City of Bellingham, Washington, Regarding p. 252 Parking Enforcement; Amending Titles 2 and 11 of the Bellingham Municipal Code 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: Lilliquist, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-02-003. 23604 2. An Ordinance of the City of Bellingham, Washington Establishing City p. 257 Policy for the Procurement of Compost for Use in City Projects: Adding a New Section to Chapter 4.80 of the Bellingham Municipal Code City of Bellingham Regular City Council Meeting Page 7 of 8 2/13/2023 Minutes  Daniel Hammill / Hannah Stone 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: Lilliquist, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-02-004. Adjournment There being no further business, the meeting adjourned at 8:19pm. Michael Lilliquist, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 2/27/2023 City of Bellingham Regular City Council Meeting Page 8 of 8 2/13/2023 Minutes