City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes July 10, 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 Call to Order The City Council Regular meeting was called to order by Council President Lilliquist at 7:00pm. 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 23772 1. Public Hearing on a Resolution to Submit to the Voters a Property Tax Levy to p. 6 Acquire, Improve, Develop and Maintain Greenways, Open Space, Wildlife Habitat and Corridors, Urban Trees, Parks, Park Facilities and Trails (Greenways V) President Lilliquist opened the Public Hearing. Seven individuals provided testimony. President Lilliquist closed the Public Hearing. Nicole Oliver, Parks and Recreation Director, introduced the resolution to place the Greenways V Levy onto the November ballot. Council Members asked questions in response to public comment. Edwin H. "Skip" Williams / Daniel Hammill moved final approval of Resolution #2023-15. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 1 of 8 7/10/2023 Minutes Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor. Mayor Fleetwood remembered Julianna Guy, for her contributions to the Bellingham community, particularly in the Cordata neighborhood. Her memorial service will be at 1pm on July 22nd at the Bellingham Unitarian Fellowship Church. Regular Meeting and Committee Sessions The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Public Works and Natural Resources 10:00 AM Hannah Stone, Chair Lisa Anderson, Kristina Michele Martens 23773 1. Bid Award for Old City Hall Exterior Repairs Bid #44B-2023 p. 14 The Old City Hall repair project includes cleaning and repair of the existing brick and sandstone masonry, restoration and structural improvements of the cast iron columns, replacement of wood windows, and roof repairs. Bear Wood Windows was the responsible bidder who submitted the lowest responsive bid of $1,263,168.00 including any applicable Washington State Sales or Use Tax. At the June 26, 2023 Council meeting, Council Members delayed the vote on Bid #44B- 2023 until there was clarification about the vendor's participation in apprenticeship programs. Eric Johnston, Public Works Director, and Mike Olinger, Assistant Director of Public Works, returned to provide an update that the contract does not include a requirement for an apprenticeship program since the number of working days is less than 70. Council Members discussed and asked questions. Hannah Stone / Hollie Huthman moved to award Bid No. #44B-2023 for the Old City Hall exterior repairs to Bear Wood Windows of Lakewood, WA as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $1,263,168.00, which includes any applicable WSST. MOTION CARRIED 7-0. 23774 2. Bid Award for Westside Non-Motorized Improvements ES563, Bid# 55B-2023 p. 19 Eric Johnston, Public Works Director, and Jessica Bennett, Public Works Engineer, presented on the Westide Non-Motorized improvements project, which will add and improve bicycle and pedestrian infrastructure in 15 locations throughout Bellingham. including improvements to existing roadways for pedestrians and people on bicycles in the following areas: Eldridge Ave, from Broadway Ave to Nequalicum Ave; Cornwall Ave, from Granary Ave to Wharf St; and thirteen individual crossing locations. The contract does not include a requirement for an apprenticeship program since the City of Bellingham Regular City Council Meeting Page 2 of 8 7/10/2023 Minutes  number of working days is less than 70. Colacurcio Brothers Inc. was the lowest responsible bidder of $1,675,874.00 including any applicable Washington State Sales or Use Tax. Hannah Stone / Edwin H. "Skip" Williams moved to award Bid No. 55B-2023 for westside non- motorized improvements ES563 to Colacurcio Brothers, Inc of Blaine, WA as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $1,675,874.00, which includes any applicable WSST. MOTION CARRIED 7-0. 23791 3. Bid Award for Lincoln - E. Maple Signal and Non-Motorized Improvements ET034, p. 25 Bid# 54B-2023 Eric Johnston, Public Works Director, and Jessica Bennett, Public Works Engineer, presented on the Lincoln-Maple signal and non-motorized improvements ET304 project includes several improvements including: • A new traffic signal at Lincoln St. and E Maple St. and non-motorized improvements • Lincoln St. from E. Maple to Fred Meyer's south driveway will be rechannelized to provide buffered protected bike lanes. • A new protected pedestrian crossing and a transit island will be installed at Viking Circle and Lincoln St. • New sidewalk along the west edge of E. Maple/Ashley will be installed along with a new marked crosswalk at Consolidation and Ashley. Council Members discussed and asked questions. The contract does not include a requirement for an apprenticeship program since the number of working days is less than 70. Colacurcio Brothers Inc. was the lowest responsible bidder of $1,110,076.00 including any applicable Washington State Sales or Use Tax. Hannah Stone / Lisa Anderson moved to award Bid No. 54B-2023 for Lincoln Maple Signal and non- motorized improvement project ET034 to Colacurcio Brothers, Inc of Blaine, WA as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $1,110,076.00, which includes any applicable WSST. MOTION CARRIED 7-0. 23775 4. Water System Plan Update - Outreach and Engagement p. 30 Eric Johnston, Public Works Director, Mike Olinger, Assistant Director of Public Works, and Riley Grant, Public Works Communications and Outreach Program Manager, presented on a plan to update the City's existing Water System. As a Class A water purveyor, the City is required to plan for all elements of its water utility system, including source protection, water rights, customer service level policies, treatment, storage, distribution, technical engineering analysis and financial planning. The updated Water System Plan includes recommendations on rates and charges needed to fund utility operations and capital improvements. Council Members discussed and asked questions. The City of Bellingham Regular City Council Meeting Page 3 of 8 7/10/2023 Minutes  department will return in late summer or early fall of 2024 for a follow-up presentation, requesting a decision from the Council. Public Health, Safety, Justice, and Equity Committee 11:00 AM Daniel Hammill, Chair Hollie Huthman, Edwin H. "Skip" Williams 23771 1. Presentation of the Incarceration Prevention and Reduction Task Force 2023 Annual p. 38 Report Jack Hovenier and Stephen Gockley, Co-Chairs of the Whatcom County Incarceration Prevention and Reduction Task Force (IPRTF), presented on the Task Force's 2023 Annual Report. The full IPRTF report is available online, https://www.whatcomcounty.us/DocumentCenter/View/75750/2023- Annual-Report-FINAL. The Task Force was formed in 2015 to review Whatcom County’s criminal justice and behavioral health programs, recommend changes to reduce incarceration of individuals struggling with mental illness and chemical dependency, and to reduce jail use by pretrial defendants who can be safely released. The Task Force also serves as the County’s Law and Justice Council. Members include representatives from organizations involved in criminal justice and law enforcement, policy makers, service providers, members of the public, and consumers of services. Council Members discussed the report and asked questions. Committee Of The Whole 1:00 PM Michael Lilliquist Chair Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Kristina Michele Martens 23776 1. A Briefing on Launching The Bellingham Plan: A 2025 Periodic Update to the p. 74 Comprehensive Plan Chris Behee, Long Range Planning Manager, and Elizabeth Erickson, Senior Planner, provided a briefing on the launch of the Comprehensive Plan including the scope, schedule, and community engagement plans. The City must provide an updated report to the state in mid-2025. Council Members discussed and asked questions regarding the Comprehensive Plan, process and potential impacts of State legislation. 23777 2. Consideration of an Amended Conservation Easement and Conservation Easement p. 98 Assignment Agreement for Hundred Acre Wood with the Chuckanut Community Forest Park District (CCFPD) and the Whatcom Land Trust (WLT) Alan Marriner, City Attorney, Nicole Oliver, Parks and Recreation Director, and Bob Carmichael, Attorney for the Park District, presented on an amended conservation easement and a conservation easement assignment agreement for the Hundred Acre Wood. The Chuckanut Community Forest Park District (CCFPD) has paid off the loan purchase and is preparing to assign its interest in the conservation easement to the Washington Land Trust (WLT), and then dissolve. To facilitate these City of Bellingham Regular City Council Meeting Page 4 of 8 7/10/2023 Minutes  actions by CCFPD, staff recommends Council approve the attached amended conservation easement and conservation easement assignment agreement for Hundred Acre Wood. Michael Lilliquist / Edwin H. "Skip" Williams moved to recommend approval of adopting an amended conservation easement, a second amended conservation easement, and an assignment agreement for the Hundred Acre Wood property with the Chuckanut Community Forest Park District (CCFPD) and Whatcom Land Trust (WLT). MOTION CARRIED 7-0. 23778 3. An Ordinance Creating a New Fund to Account for the Construction of the What- p. 144 Comm Emergency 911 Facility and Amending the 2023-2024 Biennial Budget – Amendment No. 6 Andy Asbjornsen, Finance Director, and Forrest Longman, Deputy Finance Director, presented on the proposed budget ordinance. The budget ordinance creates a new fund to account for the construction and design of a new What-Comm Emergency 911 Facility and appropriates funds to perform a feasibility study and concept design for a recently purchased park property on Meridian Street for trails and a new location for the Swift Haven and Unity Village tiny home communities. Michael Lilliquist / Hollie Huthman moved for first and second reading. MOTION CARRIED 7-0. 23779 4. Work Session to Consider an Ordinance Amending the Old Town Overlay District p. 154 Development Regulations On June 26, 2023 City Council held a hearing on the ordinance, which proposes amendments to the Old Town Overlay District development regulations found in Bellingham Municipal Code 20.35.065- .075 including allowing additional interim light industrial uses, adjusting floor area bonuses and transfers between development sites, and eliminating parking requirements. Blake Lyon, Planning and Community Development Director, Tara Sundin, Community and Economic Development Manager, and Chris Koch, Planner 2, returned to further address Council questions. Michael Lilliquist / Hollie Huthman moved for first and second reading of the ordinance as amended during the Committee of the Whole meeting to adopt the Planning Commission’s proposed amendments to the Old Town Overlay District development regulations in BMC 20.35.055-.085 with the following exceptions: adopting new minimum bicycle parking standards consistent with previous adopted urban villages’ bicycle parking standards; and, regarding FAR bonuses, retaining the existing “public plazas and open space” FAR bonus provision. MOTION CARRIED 5-2. Opposed: Lisa Anderson, Kristina Michele Martens City of Bellingham Regular City Council Meeting Page 5 of 8 7/10/2023 Minutes 23780 5. Work Session to Consider a Resolution Authorizing the Mayor to Enter Into a p. 279 Development Agreement Regarding the Redevelopment Located in the Old Town Subarea On June 26, 2023, City Council held a public hearing to consider a Development Agreement with Developers (Old Town Village, LLC and Capron, LLC) who have sought partnership with the City to develop several parcels of property within the Old Town Subarea. Blake Lyon, Planning and Community Development Director, and Tara Sundin, Community and Economic Development Manager, returned to address Council questions. Michael Lilliquist / Edwin H. "Skip" Williams moved final approval of Resolution #2023-16. MOTION CARRIED 7-0. 23781 6. Discussion of Initiative No. 2023-1 to Raise the Minimum Wage p. 306 James Erb, Deputy City Attorney, presented on the initiative to raise the minimum wage. The County Auditor has reviewed the initiative petition entitled "Initiative No. 2023-01 Raise the Minimum Wage" and verified that the petitioners collected signatures equal to not less than 10% of the total number of votes cast for the Office of Mayor at the last preceding municipal general election, i.e., 3,093. Council must respond to the initiative, as required by the Charter and the Municipal Code, by enacting the initiative, deferring it to the voters, or rejecting the measure and propose an alternative measure that would appear on the ballot along with the initiative. Council Members discussed and asked questions regarding potential impacts of the initiative. Council voted in Committee of the Whole to direct staff to defer Initiative No. 2023-01 Raise the Minimum Wage to the voters. 23782 7. Discussion of Initiative No. 2023-02 Regarding Economic Displacement Assistance p. 315 James Erb, Deputy City Attorney, presented on the initiative regarding economic displacement assistance. The Whatcom County Auditor has reviewed the initiative petition entitled "Initiative No. 2023-02 Economic Displacement Assistance" and verified that the petitioners collected signatures equal to not less than 10% of the total number of votes cast for the Office of Mayor at the last preceding municipal general election, i.e., 3,093. Council must respond to the initiative, as required by the Charter and the Municipal Code, by enacting the initiative, deferring it to the voters, or rejecting the measure and propose an alternative measure that would appear on the ballot along with the initiative. Council Members discussed and asked questions regarding potential impacts of the initiative. Council moved into executive session during Committee of the Whole to discuss Initiative No. 2023- 02 Economic Displacement Assistance for approximately 20 minutes. Council voted in Committee of the Whole to direct staff to defer Initiative No. 2023-02 Economic Displacement Assistance to the voters. City of Bellingham Regular City Council Meeting Page 6 of 8 7/10/2023 Minutes 23783 8. A Resolution Affirming that Affordable Housing and Homelessness are a Public p. 323 Health Crisis On June 26, 2023, Council Member Martens circulated a draft resolution affirming that affordable housing and homelessness are a public health crisis. Council requested the administration review the resolution and return for additional discussion. Council Members discussed and asked questions on the resolution related to the language, possible inclusion of value statements or references to previous City Council work, titling of the resolution, and impact of declaring a crisis. Council will receive a presentation at the July 24, 2023 meeting regarding rental protections, at which point Council will also review the resolution. 23784 9. Approval of the 6/26/2023 City Council Committee and Regular Meeting Minutes p. 338 Lisa Anderson / Hollie Huthman moved approval of the June 26, 2023 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0. Abstained: Michael Lilliquist 10. Old/New Business Council Member Martens asked the Planning and Community Development Department to return and discuss the situation at 1325 Billy Frank Jr. regarding code enforcement and tenant protections. President Lilliquist provided a summary of this afternoon's Executive Session. 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. 23785 1. What-Comm Interlocal Agreement Renewal 2024-2027, Contract # C2300842 p. 353 23786 2. Interlocal Agreement with the City of Lynden to House a Medic Unit of the p. 372 Bellingham Fire Department at the Lynden Fire Station 23787 3. Acceptance of Washington State Criminal Justice Training Commission Grant for p. 377 Officer Wellness 23788 4. Authorization of A/P Transactions Issued June 23, 2023 Through June 29, 2023 p. 383 23789 5. Authorization of A/P Transactions Issued June 16, 2023 through June 22, 2023 p. 384 23790 6. Authorization of Payroll Labor Cost Payments Dated June 1, 2023 to June 15, 2023 p. 385 City of Bellingham Regular City Council Meeting Page 7 of 8 7/10/2023 Minutes  Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Public Comment Period City Council heard public comment from 17 individuals. To access the recording, visit https://cob.org/gov/council/publichearingsandpublic%20commentperiods/public-comment-period- recordings. Adjournment There being no further business, the meeting adjourned at 9:06pm. Michael Lilliquist, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 7/24/2023 City of Bellingham Regular City Council Meeting Page 8 of 8 7/10/2023 Minutes