City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes September 11, 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 7pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. On September 25th, 2023, the Council will hold a public hearing to consider a Comprehensive Plan amendment to rezone two properties located at 4160 Cougar Rd in Area 6 of the King Mountain Neighborhood from Residential, Single to Public, School. 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 23826 1. Public Hearing to Consider a Comprehensive Plan Amendment to Rezone a Property p. 7 Located at 2825 Lindshier Avenue in Area 1 of the Irongate Neighborhood from Industrial, Planned to Residential, Single and Adding the Property to the Barkley Neighborhood Chris Behee, Long Range Planning Manager, Sydney Prusak, Long Range Planner, and Blake Lyon, Planning and Community Development Director, provided a summary of the amendment to rezone the property located at 2825 Lindshier Avenue in Area 1 of the Irongate Neighborhood from Industrial, Planned to Residential, Single and adding the property to the Barkley Neighborhood. President Lilliquist opened the Public Hearing. Two individuals provided testimony. City of Bellingham Regular City Council Meeting Page 1 of 11 9/11/2023 Minutes  President Lilliquist closed the Public Hearing. Council Members asked questions in response to public comment. Michael Lilliquist / Edwin H. "Skip" Williams moved to amend the ordinance to include the transferal of the property from Irongate District to a newly designated Barkley area. MOTION CARRIED 7-0. Daniel Hammill / Hollie Huthman moved for first and second reading to approve the Planning Commission’s recommendation with an amended ordinance for a comprehensive plan amendment rezoning the Lindshier Avenue property from Industrial, Planned to Residential, Single, creating a new Area 29 in the Barkley Neighborhood with a 7,200 square foot density and a detached and cluster land use qualifier as shown in the proposed zoning table and neighborhood subarea description in the staff memo to City Council. MOTION CARRIED 7-0. 23827 2. Public Hearing for the Edward Byrne Memorial Justice Assistance Grant Solicitation p. 119 Chief Mertzig presented on the grant application, which is for the Department of Justice Assistance Grant. If awarded, the grant will bring $32, 432 to purchase equipment for a Bicycle Response Team and PowerEngage Software. This software keeps citizens informed with automated updates, measures citizen satisfaction with text surveys, and provides actual data with real time satisfaction scores. Council Members discussed the grant and asked questions. President Lilliquist opened the Public Hearing. Two individuals provided testimony. President Lilliquist closed the Public Hearing. Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor. 23828 1. Mayor's Reappointment to the Design Review Board (Approval) p. 168 Mayor Fleetwood reappointed Jan Hayes to her sixth term on the Design Review Board, which will expire on September 25, 2027, at which time she may be reappointed. Lisa Anderson / Daniel Hammill moved to recommend approval of Jan Hayes to the Design Review Board. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 2 of 11 9/11/2023 Minutes 23829 2. Mayor's Reappointment to the Mayor's Neighborhood Advisory Commission p. 170 (Information) Mayor Fleetwood reappointed Louise Bjornson to her final term as the Birchwood Primary Representative, which will expire on August 16, 2025. 23830 3. Mayor's Reappointment to the Parks and Recreation Advisory Board (Information) p. 173 Mayor Fleetwood reappointed Asa Deane to his first full term, which will expire on September 29, 2026, at which time he may be reappointed. Mayor Fleetwood highlighted the launch of public engagement for the Comprehensive Plan and encouraged the public to attend two upcoming information and discussion sessions. Mayor Fleetwood shared that the Whatcom County Opioid Multi-Agency Coordination (MAC) Advisory group held their inaugural meeting. More information about their work and efforts can be found at whatcomoverdoseprevention.org. Regular Meeting and Committee Sessions The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Parks and Recreation 11:00 AM Edwin H. "Skip" Williams, Chair Hollie Huthman, Lisa Anderson 23831 1. Resolution Authorizing Application for Recreation and Conservation Office Grant p. 178 (RCO) - Civic Athletic Complex Deferred Maintenance Projects Nicole Oliver, Parks and Recreation Director, introduced the resolution. The Washington State Legislature is providing a one-time grant funding opportunity for parks deferred through the Washington State Recreation and Conservation Office. If successful, the grant will be used to install, repair, or replace signage and fences at the Civic Athletic Complex up to the maximum grant request amount of $100,000, including adding signs to direct the public to designated accessible pathways. Council Members discussed and asked questions about the resolution. Edwin H. "Skip" Williams / Hollie Huthman moved final approval of Resolution #2023-20. MOTION CARRIED 7-0. Community and Economic Development 11:10 AM Hollie Huthman, Chair Hannah Stone, Kristina Michele Martens City of Bellingham Regular City Council Meeting Page 3 of 11 9/11/2023 Minutes 23832 1. Interlocal Agreement Between Whatcom County and the City of Bellingham to p. 182 Provide Behavioral Health Outreach Services at Bellingham Central Library Tara Sundin, Community and Economic Development Manager, Rebecca Judd, Library Director, and Malora Christensen, Response Systems Division Manager for the Whatcom County Health Department, introduced the interlocal agreement. Whatcom County and the City of Bellingham are proposing to partner on a multi-year basis for community based behavioral health support services embedded at the downtown Bellingham Central Library. Services will be provided during library operating hours and include prevention, intervention, and stabilization assistance. Whatcom County has issued a Request for Proposals (RFP) to solicit a qualified program operator and their behavioral health staff will oversee the program on the City's behalf. Council members discussed and asked questions regarding the agreement and how the program will operate. Hollie Huthman / Lisa Anderson moved to recommend approval of the interlocal agreement between Whatcom County and the City of Bellingham to provide behavioral health outreach services at the Bellingham Central Library. MOTION CARRIED 7-0. 23833 2. Consideration of Second Amendment to a Lease Agreement for 1530 Cornwall p. 191 Avenue/Base Camp by and between the City and JMC1, LLC Tara Sundin, Community and Economic Development Manager, introduced the lease agreement modification. In June of 2020, the City and JMC1, LLC entered into a lease agreement for use by Lighthouse Mission Ministries (LMM) to operate a 200-bed shelter. The lease was for three years with an opportunity to renew for one additional year. The lease was extended to a fourth year to allow for the completion of its replacement facility, currently under construction in Old Town. LMM is seeking an additional four months of operation at 1530 Cornwall due to construction delays and the City needs an additional month to ready the site for return to the property owner. This second amendment extends the lease for five months or through December 17, 2024. Council members discussed and asked questions regarding the lease agreement. Hollie Huthman / Edwin H. "Skip" Williams moved to recommend approval of a second amendment to a lease agreement for 1530 Cornwall Ave/Base Camp between the City and JMC1, LLC. MOTION CARRIED 7-0. 23834 3. Consideration of Second Amendment to a Sublease Agreement for 1530 Cornwall p. 225 Avenue/Base Camp by and between the City and Lighthouse Mission Ministries Tara Sundin, Community and Economic Development Manager, introduced the sublease agreement modification. Pursuant to the previous item, a sublease amendment is necessary with Light House Mission Ministries for five months or through December 17, 2024. Council members discussed and asked questions regarding the sublease agreement. City of Bellingham Regular City Council Meeting Page 4 of 11 9/11/2023 Minutes  Hollie Huthman / Edwin H. "Skip" Williams moved to recommend approval of a second amendment to a sublease agreement for 1530 Cornwall Ave/Base Camp between the City and Lighthouse Mission Ministries. MOTION CARRIED 7-0. City Council Special Meeting 1:00 PM 23843 1. Closed Record Hearing to Consider an Ordinance Amending the Cornwall Park p. 280 Neighborhood Area 7 Institutional Master Plan Blake Lyon, Planning and Community Development Director, and Steve Sundin, Senior Planner, introduced the ordinance amending the Cornwall Park Area 7 Master Plan. On July 15, 2022, Peace Health submitted application materials for an amendment to the 2006 Cornwall Park Neighborhood Area 7 Institutional Master Plan (IMP) that guides the development of the Peace Health medical campus and surrounding area. The proposed amendments include a revised campus development and circulation plan, an updated phasing schedule that includes a new West Pavilion with a rooftop helipad, additions to and remodels of existing medical buildings and facilities, future development of a new medical office building and new parking garage on the PeaceHealth campus east of Ellis Street, and upgrades to support facilities and safety improvements at the existing ground helipad. The Planning Commission reviewed the application and received testimony at a public hearing on July 6, 2023. The Commission held a follow-up work session on August 3, 2023, during which it recommended approval of the application to amend the IMP, subject to additional changes to the plan that were proposed by staff. During the Special Meeting, Council voted to move the ordinance amending the Cornwall Park Neighborhood Area 7 Institutional Master Plan for first and second reading. Committee Of The Whole 1:40 PM Michael Lilliquist Chair Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Kristina Michele Martens 23835 1. Presentation and Discussion on Food Waste: Closing Down the Road From Grown to p. 340 Gone Adyson Hughes, City Council Intern, presented on food waste in the City of Bellingham and a food recovery program based at the University of Rhode Island which she recommends the City consider implementing. The City has observed a significant surge in the utilization of community-based food assistance programs in 2022-2023. Council Members discussed and asked questions. 23836 2. ADEI 2022 - 2023 Year in Review p. 362 Elizabeth Monahan, Human Resources Director, and Deborah Bineza, Accessibility, Diversity, Equity, and Inclusion (ADEI) Analyst, presented a summary of ADEI accomplishments the past year, City of Bellingham Regular City Council Meeting Page 5 of 11 9/11/2023 Minutes  upcoming activities and goals, and future areas for improvement at the City. Council Members discussed and asked questions. 23837 3. An Ordinance Amending the 2023-2024 Biennial Budget - Amendment No. 8 p. 382 Andy Asbjornsen, Finance Director, and Forrest Longman, Deputy Finance Director, presented on the proposed ordinance, which includes funding for a new temporary shower program serving those in our community lacking ready access to shower facilities and a new safety and worker's compensation position to lead the City's workplace safety and worker's compensation programming. Michael Lilliquist / Daniel Hammill moved for first and second reading. MOTION CARRIED 6-0. Abstained: Hannah Stone 23838 4. 2023 Mid-Year Financial Review p. 389 Andy Asbjornsen, Finance Director, provided an overview of the City's financial position as of June 30, 2023. Today's presentation and June report are available online. 23839 5. An Ordinance Adopting State Firearm Regulations by Reference, Prohibiting the p. 407 Possession of Firearms at City Operated Stadiums and Convention Centers, and Prohibiting the Possession of Firearms at City Hall Mayor Fleetwood and James Erb, Deputy City Attorney, presented on the draft ordinance, which adopts state firearm regulations by reference, prohibits the possession of firearms at City operated stadiums and convention centers, and prohibits the possession of firearms at City Hall. Council Members discussed and asked questions. Michael Lilliquist / Edwin H. "Skip" Williams moved for first and second reading. MOTION CARRIED 7-0. 23840 6. Consideration of an Ordinance Repealing the City's Street Vacation Policies and p. 411 Procedures in BMC Chapter 13.48, Adopting New City Street Vacation Policies and Procedures in BMC Chapter 13.50, and Amending BMC 1.26.050 to Clarify that a City Council Street Vacation Decision is a Legislative Matter Alan Marriner, City Attorney, presented on the draft ordinance repealing the City's current street vacation policies and procedures and adopting new policies and procedures. Council Members discussed and asked questions. Michael Lilliquist / Daniel Hammill moved for first and second reading. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 6 of 11 9/11/2023 Minutes 23841 7. Approval of the 8/7/2023 City Council Committee and Regular Meeting Minutes p. 427 Edwin H. "Skip" Williams / Lisa Anderson moved approval of the August 7, 2023 and August 14, 2023 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0. Abstained: Daniel Hammill 23842 8. Approval of the 8/14/2023 City Council Committee and Regular Meeting Minutes p. 437 See above motion. 9. Old/New Business Council Member Stone directed attention to an item on the consent agenda, AB 23582, Interlocal Agreement with Whatcom County for Alternative Response Team (ART). She highlighted the work ART is doing and stated she welcomes a follow-up presentation from staff on the program. President Lilliquist shared that City Council can express their opinions related to initiatives via resolution. Edwin H. "Skip" Williams / Hollie Huthman moved to request the administration to develop a resolution for the City Council expressing support of passing the Greenways Levy Initiative and to include a public hearing on the resolution. MOTION CARRIED 7-0. Daniel Hammill / Edwin H. "Skip" Williams moved to direct staff to create a resolution in support of the Justice Project (Public Health, Safety, and Justice Initiative) by Whatcom County and to include a public hearing on the resolution. MOTION CARRIED 5-1. Opposed: Kristina Michele Martens Abstained: Hannah Stone Executive Session 4:00 PM Closed to the public. Report in the Regular Meeting only: 1. Litigation: Franks v. City of Bellingham et al. (Good, approx 10 min) Staff provided information on a litigation matter. For information and discussion. No action taken. 2. Litigation: Ramos v. City of Bellingham et al. (Good, approx 5 min) Staff provided information on a litigation matter. For information and discussion. No action taken. City of Bellingham Regular City Council Meeting Page 7 of 11 9/11/2023 Minutes  3. Potential Property Acquisition (Kraham, approx 10 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 4. Potential Property Acquisition (Marriner, approx 5 min) Staff provided information on the potential acquisition of the 16.5 acre West Pac Management property at the west end of Palmer Road on Samish Crest. Edwin H. "Skip" Williams / Lisa Anderson moved to authorize the Mayor to close the real estate transaction described in the City’s executed purchase and sale agreement with the property owner, West Pac Management, with a purchase price of $904,000. MOTION CARRIED 7-0. 5. Potential Property Acquisition (Marriner, approx 5 min) Staff provided information on the potential acquisition of the quarter acre Pagnossin property located in the Padden Gorge area west of Lake Padden Park and south of Padden Creek. Daniel Hammill / Lisa Anderson moved to authorize the Mayor to close the real estate transaction described in the City’s executed purchase and sale agreement with the property owner, Bradley Pagnossin, with a purchase price of $10,000. MOTION CARRIED 7-0. 6. Potential Property Acquisition (Marriner, approx 5 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 7. Potential Property Acquisition (Stamps, approx 3 min) Staff provided information on a potential Lake Whatcom Watershed property acquisition totaling 0.21 acres with one potential development unit. Lisa Anderson / 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 the property owner, Mark Beckwith, with a purchase price of $82,500 and with closing to occur on or around September 29, 2023. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 8 of 11 9/11/2023 Minutes  8. Labor Relations: Review Contract Proposal for IAFF Local 106S (Monahan, approx 5 min) Edwin H. "Skip" Williams / Lisa Anderson moved to ratify the agreement reached with the following general terms: Duration: January 1, 2022 through December 31, 2023. Wages and Compensation:  Effective January 1, 2022: 8% wage increase  Effective January 1, 2023: 7% wage increase  Effective January 1, 2023: 1% increase in deferred compensation match, increase in MERP contribution to $200 per month Medical Insurance:  For 2023, maintain current language to increase the City’s contribution to Medical Health Care by 6% MOTION CARRIED 7-0. 9. Labor Relations: Discuss Collective Bargaining Strategy (Monahan, approx 5 min) Staff provided information on a labor relations 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. 23844 1. Authorization of Payroll Labor Cost Payments Dated July 16, 2023 to July 31, 2023 p. 450 23845 2. Authorization of Payroll Labor Cost Payments Dated August 1, 2023 to August 15, p. 451 2023 23846 3. Authorization of A/P Transactions Issued July 28, 2023 through August 03, 2023 p. 452 23847 4. Authorization of A/P Transactions Issued August 04, 2023 through August 10, 2023 p. 453 23848 5. Authorization of A/P Transactions Issued August 11, 2023 through August 17, 2023 p. 454 23849 6. Authorization of A/P Transactions Issued August 18, 2023 through August 24, 2023 p. 455 23850 7. Authorization of A/P Transactions Issued August 25, 2023 through August 31, 2023 p. 456 23851 8. Interlocal Agreement Between the City of Bellingham and Whatcom County for the p. 457 2023 Byrne Justice Assistance Grant City of Bellingham Regular City Council Meeting Page 9 of 11 9/11/2023 Minutes 23852 9. Interlocal Agreement with Whatcom County for Alternative Response Team (ART) p. 460 23853 10. Inter-Agency Agreement with Washington State Department of Ecology to Sponsor p. 464 Two Washington Conservation Corps Crews for Natural Resource Projects 23854 11. Joint Funding Agreement Between the City of Bellingham and US Department of p. 474 Interior Geological Survey (USGS) for Water Resources Investigation Daniel Hammill / Edwin H. "Skip" Williams moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 23820 1. An Ordinance Relating to the Vacation of the Westerly 10-Feet of 10th Street p. 479 Abutting Lots 1-4, Block 1 and Lot 1 and the South Half of Lot 2, Block 2, Town of Bellingham in Bellingham. 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 #2023-09-024. 23821 2. An Ordinance Relating to the Vacation of the Platted Alley within Block 299, Plat of p. 502 Supplemental Map of the Town of Whatcom, Whatcom County, Washington. 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 #2023-09-025. Public Comment Period City Council heard public comment from nine individuals. To access the recording, visit Public Comment Period Recordings - City of Bellingham (cob.org). City of Bellingham Regular City Council Meeting Page 10 of 11 9/11/2023 Minutes Adjournment There being no further business, the meeting adjourned at 9:32pm. Michael Lilliquist, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 9/25/2023 City of Bellingham Regular City Council Meeting Page 11 of 11 9/11/2023 Minutes