City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes February 27, 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. 1. The City Council will resume the Public Comment Period starting tonight. Public Comment will be held after the Council has completed its regular business and will be held for 30 minutes. Speakers who have pre-registered will be prioritized. 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 Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. 23628 1. Mayor's Reappointment of David Christensen to the Historic p. 7 Preservation Commission (Approval) Mayor Fleetwood reappointed David Christensen to his eighth term, which will expire on March 1, 2026, at which time he may be reappointed. Daniel Hammill / Lisa Anderson moved to recommend approval of David Christensen to the Historic Preservation Commission. City of Bellingham Regular City Council Meeting Page 1 of 8 2/27/2023 Minutes  MOTION CARRIED 7-0. 23629 2. Mayor's Reappointment of Kevin Geraghty to the Home p. 8 Rehabilitation Program Loan Review Board (Information) Mayor Fleetwood reappointed Kevin Geraghty to his ninth term on the Home Rehabilitation Program Loan Review Board, which will expire on March 19, 2027, at which time he may be reappointed. 23630 3. Mayor's Appointments to the Mayor's Neighborhood Advisory p. 10 Commission (Information) Mayor Fleetwood appointed Tara Stavik to her first partial term as the King Mountain Neighborhood Primary Representative, which will expire on December 27, 2023, at which time she may be reappointed. Mayor Fleetwood appointed Michael Chrzastowski to his first partial term as the South Hill Neighborhood Primary Representative, which will expire on November 21, 2023, at which time he may be reappointed. 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 provided an update on hiring and recruitment efforts with the Bellingham Police Department. The City welcomed seven new recruits last week, a new officer recently graduated from the academy, and two officers were sworn in in December. The City is offering various hiring and retention bonuses. Council Standing Committee Meetings: Public Works and Natural Resources 10:30 AM Hannah Stone, Chair Lisa Anderson, Kristina Michele Martens 23631 1. Report from the February 8, 2023 Lake Whatcom Policy Group p. 15 Meeting Council Member Stone provided an update from the Lake Whatcom Policy Group meeting held on February 8, 2023. The Annual Joint Councils and Commission Meeting is set for March 29, 2023. City of Bellingham Regular City Council Meeting Page 2 of 8 2/27/2023 Minutes 23632 2. Bid Award for Woburn Sanitary Sewer Replacement, EU190, BID #5B- p. 18 2023 Chad Schulhauser, Assistant Public Works Director Engineering, introduced the Woburn Sanitary Sewer Replacement project. The project will upsize and replace existing sanitary sewer main in a number of locations throughout Bellingham, including Woburn Street from Barkley to Texas and the 1600 block of Woburn, the 2200 block of Fraser, Barkley Boulevard from Newmarket to Woburn, the 2300 block of Yew Street, and in front of the Oak Street pump station. The City received four bids which were publicly opened on February 2, 2023. Hannah Stone / Lisa Anderson moved to recommend approval of the bid award to Faber Construction #5B-2023. MOTION CARRIED 7-0. 23645 3. Proposed Resolution Regarding Single Stream Recycling and Organic p. 24 Materials Collection The City of Bellingham contracts for collection and hauling of solid waste and recyclables with Sanitary Service Company (SSC). Based upon a recent pilot program, changes in the recycle commodity market, labor increases, and aging infrastructure, a revision to the contract is necessary. Mike Olinger, Assistant Public Works Director, Brandon Brubaker, Superintendent of Maintenance in Public Works Utilities, and Ted Carlson, General Manager at SSC, presented the draft resolution to propose modifying the contract to require all residential customers be provided organics collection (Food Plus!) and change the recycling hauling to single stream. Hannah Stone / Hollie Huthman moved final approval of Resolution #2023-01. MOTION CARRIED 7-0. Community and Economic Development 11:30 AM Hollie Huthman, Chair Hannah Stone, Kristina Michele Martens 23633 1. A Presentation by Western Washington University's Small Business p. 31 Development Center (WWU SBDC) Tara Sundin, Planning and Community Development, CJ Seitz, Director of the Western Washington University's Small Business Development Center (WWU SBDC), and Dr. Liliana Deck, Business Advisor at SBDC, summarized the agency's 2022 accomplishments, industry observations, and its new multilingual advising and outreach services. City of Bellingham Regular City Council Meeting Page 3 of 8 2/27/2023 Minutes Parks and Recreation 1:00 PM Edwin H. "Skip" Williams, Chair Hollie Huthman, Lisa Anderson 23634 1. Greenways Annual Report 2022 p. 43 Nicole Oliver, Parks & Recreation Director, Peter Gill, Planning and Development Coordinator, and Laine Potter, Park Design and Development Manager, presented the annual Greenways Advisory Committee report. The Greenways Advisory Committee is charged with strategic oversight and recommendations regarding the use of Greenways funds. The presentation is available online. Committee Of The Whole 1:30 PM Michael Lilliquist Chair Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Kristina Michele Martens 23635 1. Proposed Ordinance Regarding Civil Service; Amending Chapter 3.16 p. 67 of the Bellingham Municipal Code Matt Stamps, Senior Assistant City Attorney, presented on the proposed ordinance. The ordinance would amend Chapter 3.16 to acknowledge that Municipal Court employees are no longer included within the City’s Civil Service System and authorizes the appointment of special counsel to serve as legal advisor to the Civil Service Commission. Michael Lilliquist / Edwin H. "Skip" Williams moved for first and second reading. MOTION CARRIED 7-0. 23641 2. Agreement Between the Bellingham Police Department and p. 73 Homeland Security Investigations for Reimbursement of Overtime Police Chief Mertzig presented on the agreement between the Bellingham Police Department and Homeland Security Investigations for reimbursement of overtime to do a joint operations for retail theft. Michael Lilliquist / Edwin H. "Skip" Williams moved to recommend approval of the agreement between the Bellingham Police Department and Homeland Security Investigations for reimbursement of overtime to do a joint operations for retail theft under the condition that the administration add the following statement under Section III, "This is not for any immigration enforcement against undocumented people and is for the sole purpose of reimbursement for cost of retail theft operations." City of Bellingham Regular City Council Meeting Page 4 of 8 2/27/2023 Minutes  MOTION CARRIED 7-0. 23636 3. Ordinance Amending Rental Agreement Regulations p. 79 Blake Lyon, Director of Planning and Community Development, provided a summary of the proposed ordinance which modifies the Rental Agreement Requirements established in Section 6.12.020 of the Bellingham Municipal Code. Michael Lilliquist / Daniel Hammill moved for first and second reading as amended during the Committee of the Whole meeting, WHEREAS, movement between rental units can often require a significant amount of money in order to afford rental deposits, security deposits, pet deposits, moving expenses, utility fees, etc. By requiring notice of 120 days prior to any rental increase greater than 5 percent, the renter would be afforded an opportunity to save the necessary funds needed for the relocation efforts, and Section 1. BMC 6.12.020 Any rental agreement or renewal of a rental agreement for a residential rental unit in the city of Bellingham entered into after the effective date of this chapter shall include or shall be deemed to include a provision requiring a minimum of 120 days’ prior written notice whenever the periodic or monthly housing costs to be charged a tenant are to increase. by 5 percent or more over the periodic or monthly rental rate charged the same tenant for the same housing unit and same services for any period or month during the preceding 12-month period. MOTION CARRIED 7-0. 23637 4. Work Session for Consideration of Rental Protection Measures p. 83 Blake Lyon, Planning and Community Development Director, and Mark Gardner, Legislative Policy Analyst, presented options for measurers to provide additional rental protections. Council requested additional information and follow-up work sessions on renter protections, licensing, and enforcement. 23638 5. Review of Fire Department Overtime Costs p. 89 During the October 10, 2022 Budget work session, Council requested staff to provide a comprehensive analysis of overtime use in the Fire Department. Fire Chief Bill Hewett presented a summary of the analysis related to overtime trends over the past eight years. City of Bellingham Regular City Council Meeting Page 5 of 8 2/27/2023 Minutes 23639 6. Approval of City Council Committee and Regular Meeting Minutes p. 96 Kristina Michele Martens / Edwin H. "Skip" Williams moved approval of the February 13, 2023 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. Old/New Business Council Member Anderson attended a Bellingham Police Department active shooter training. She thanked Lt. Claudia Murphy for her time and the community members who participated. Council Member Huthman and Mayor Fleetwood attended a Northwest Youth Services Shelter ribbon cutting. Executive Session 2:30 PM Closed to the public. Report in the Regular Meeting only: 1. Proposed Property Acquisition (Marriner, approx 5 min) Staff provided information on the potential property acquisition of a 12-acre property located at 4447 Meridian Street and owned by Tsui-Li Horng. Edwin H. "Skip" Williams / Lisa Anderson moved to authorize the Mayor to close on the real estate transaction described in the purchase and sale agreement with Tsui-Li Horng with a purchase price of $680,000. MOTION CARRIED 7-0. 2. Proposed Property Acquisition (Marriner, approx 5 min) Staff provided information on the potential property acquisition of a 3.78 acre property located on Democrat Street just west of Yew Street and abutting the North Samish Crest Open Space. The property is owned by Kristeen M Peterson and Kevin R and Gretchen E Moore. Edwin H. "Skip" Williams / Lisa Anderson moved to authorize the Mayor to close on the real estate transaction described in the purchase and sale agreement with Kristeen M Peterson and Kevin R and Gretchen E Moore with a purchase price of $375,000. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 6 of 8 2/27/2023 Minutes  3. Proposed Property Acquisition (Marriner, approx 5 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 4. Litigation: George v. City of Bellingham (Good, approx 10 min) Staff provided information on a litigation matter. For information and discussion. No action taken. 5. Potential Litigation (Marriner, approx 20 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. 23640 1. Authorize the Mayor to Enter into a Temporary Use Permit with p. 112 Washington State Department of Fish and Wildlife to Support the Whatcom Boat Inspection Program and Prevent the Spread of Aquatic Invasive Species 23642 2. Authorization of Payroll Labor Cost Payments Dated January 16, 2023 p. 116 to January 31, 2023 23643 3. Authorization of A/P Transactions Issued February 02, 2023 through p. 117 February 09, 2023 23644 4. Authorization of A/P Transactions Issued February 09, 2023 through p. 118 February 16, 2023 Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 23616 1. An Ordinance of the City of Bellingham Rezoning Approximately 3.8 p. 119 Acres and Creating a New Subarea, Area 8A, in the South Neighborhood Zoning Table, BMC 20.00.190, and the City’s Adopted Zoning Map. City of Bellingham Regular City Council Meeting Page 7 of 8 2/27/2023 Minutes  Daniel Hammill / Lisa Anderson 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 #2023-02-005. Public Comment Period City Council heard public comment from six individuals. To access the recording, visit https://cob.org/gov/council/public-hearings-and-public- comment-periods/public-comment-period-recordings. Adjournment There being no further business, the meeting adjourned at 8:06pm. Michael Lilliquist, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 3/13/2023 City of Bellingham Regular City Council Meeting Page 8 of 8 2/27/2023 Minutes