City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes December 4, 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 December 11, 2023, the Council will hold a public hearing on a resolution providing for the City to relinquish a portion of a general utility easement retained within vacated McKenzie Street between 12th Street and 13th Street. 2. On January 8, 2024, the Council will host a swearing in ceremony during the regular evening meeting. Judge Debra Lev will conduct the Ceremony to administer the Oath of Office to all recently elected City of Bellingham Council Members and the Mayor-elect. 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. 23938 1. Mayor's Reappointment to the Mayor's Neighborhood Advisory Commission p. 6 (Information) Mayor Fleetwood reappointed Tara Stavik to her first full term as the King Mountain Primary Representative on the Neighborhood Advisory Commission, which will expire on December 27, 2025, at which time she may be reappointed. 23939 2. Mayor's Reappointment to the Civil Service Commission (Approval) p. 9 City of Bellingham Regular City Council Meeting Page 1 of 6 12/4/2023 Minutes  Mayor Fleetwood reappointed Gene Knutson to his first full term on the Civil Service Commission, which will expire on January 1, 2029, at which time he may be reappointed. Edwin H. "Skip" Williams / Hollie Huthman moved to recommend approval of Gene Knutson to his first full term on the Civil Service Commission, which will expire on January 1, 2029, at which time he may be reappointed. MOTION CARRIED 7-0. 23940 3. Mayor's Reappointment to the Greenways Advisory Committee (Approval) p. 12 Mayor Fleetwood reappointed Kelsey Wylie to her first full term on the Greenways Advisory Committee, which will expire on January 11, 2027, at which time she may be reappointed. Hollie Huthman / Edwin H. "Skip" Williams moved to recommend approval of Kelsey Wylie to her first full term on the Greenways Advisory Committee, which will expire on January 11, 2027, at which time she may be reappointed. MOTION CARRIED 7-0. 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 1:00 PM Hannah Stone, Chair Lisa Anderson, Kristina Michele Martens 23941 1. Contract Award for the Telegraph Road Multimodal Safety Improvements Project p. 18 (ES537) Eric Johnston, Public Works Director, Mike Wilson, Assistant Director of Engineering, and Craig Mueller, Engineer, provided a summary of the contract award #49B-2023, Telegraph Road Multimodal Safety Improvements Project (ES537). The project includes reconstructing the roadway from Deemer Road to James Street by adding sidewalks, bike lanes, a center turn lane, curbs, gutters, storm water treatment, and pedestrian crossings for transit stop access. Ram Construction General Contractors, LLC (Ram) submitted the lowest responsive bid of $6,803,830, including any applicable Washington State sales tax. Council Members discussed and asked questions regarding the project and contract award. Council requested additional information related to the decision not to include conduit in the project design and Mr. Johnston returned to address Council questions. Hannah Stone / Edwin H. "Skip" Williams moved to approve the contract award No. 49B-2023 for Telegraph Road Multimodal Safety Improvements Project to Ram Construction General Contractors, LLC as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a City of Bellingham Regular City Council Meeting Page 2 of 6 12/4/2023 Minutes  contract with them for the amount of their contract which is $6,803,830, which includes any applicable WSST. MOTION CARRIED 7-0. Michael Lilliquist / Daniel Hammill moved to request the administration to explore a change order to include conduit into the Telegraph Road Multimodal Safety Improvements Project. MOTION CARRIED 5-2. Opposed: Hannah Stone, Edwin H. "Skip" Williams Committee Of The Whole 1:20 PM Michael Lilliquist Chair Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Kristina Michele Martens 23942 1. An Ordinance Amending Bellingham Municipal Code 6.04 to Adopt Required p. 36 Changes to the Business and Occupation Tax Andy Asbjornsen, Finance Director, and Forrest Longman, Deputy Finance Director, presented the proposed ordinance to amend the Bellingham Municipal Code 6.04, adopting required changes to the Business and Occupation Tax (B&O). In 2003, the Washington State Legislature mandated that all cities imposing a B&O Tax adopt uniform requirements through a "model ordinance". This amendment updates the definition of printing and publishing and directs to pertinent sections of the Revised Code of Washington. This is not anticipated to have any impact on tax revenues. Council Members discussed and asked questions regarding the ordinance. Michael Lilliquist / Daniel Hammill moved for first and second reading. MOTION CARRIED 7-0. 23943 2. An Ordinance Amending the Vehicle License Requirements for Taxicabs and For-Hire p. 40 Vehicles Andy Asbjornsen, Finance Director, and Forrest Longman, Deputy Finance Director, presented the proposed ordinance to amend vehicle license requirements for taxicabs and for-hire vehicles. The ordinance modifies Bellingham Municipal Code 6.54 to better align City taxicab regulations with Washington State regulations for Transportation Network Companies (TNCs), such as Uber and Lyft. The changes ensure taxicab companies are held to the same standard as TNCs and streamline the administrative process for the Police and Finance Departments. Council Members discussed and asked questions regarding the ordinance. Michael Lilliquist / Hollie Huthman moved for first and second reading. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 3 of 6 12/4/2023 Minutes 23944 3. An Ordinance Establishing Remedies and Actions for Owners and/or Operators of p. 53 Bellingham Rental Units Found Out of Compliance with the Washington State Warranty of Habitability Standards and International Property Maintenance Code Council Member Martens distributed a draft ordinance during the regularly scheduled Council meeting on October 30, 2023. The Council asked the administration to review the draft ordinance and return to Council with feedback as soon as convenient. James Erb, Deputy City Attorney, sought Council direction by providing a summary of the draft ordinance, possible policy solutions, additional tenant resources, and opportunities to leverage current Bellingham Municipal Code and state law. Council Members discussed and asked questions regarding the ordinance and provided direction to staff to investigate additional code revisions. 23945 4. An Ordinance Adopting the 2023-2024 Mid-Biennial Budget Adjustment p. 81 Andy Asbjornsen, Finance Director, and Forrest Longman, Deputy Finance Director, presented the proposed ordinance to adopt the 2023-2024 Mid-Biennial Budget Adjustment. Adoption of the attached ordinance will amend the 2023-2024 Budget to add $50,752,686 of revenue and $58,568,300 of expenditure Citywide. Council Members discussed and asked questions regarding the ordinance. Michael Lilliquist / Daniel Hammill moved for first and second reading. MOTION CARRIED 7-0. 23946 5. Approval of the 11/6/23 City Council Committee and Regular Meeting Minutes p. 88 Edwin H. "Skip" Williams / Hollie Huthman moved approval of the November 6, 2023 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 6. Old/New Business Council President Lilliquist shared a request from Whatcom County for a City Council Member to serve as an Ex-Officio member of the Marine Resources Committee. Council requested additional information about the work of the committee and clarification of overlap with the Port Marina Advisory Board or Working Waterfront Committee before adding the assignment. Council Member Anderson recapped the discussion from the Committee of the Whole Old/New Business on a revised draft resolution for Council's consideration, advocating for a ceasefire in Gaza. Executive Session 2:45 PM Closed to the public. Report in the Regular Meeting only: 1. Litigation: DeBruin et al. v. City of Bellingham (Good, approx 20 min) City of Bellingham Regular City Council Meeting Page 4 of 6 12/4/2023 Minutes  Staff provided information on a litigation matter. For information and discussion. No action taken. 2. Litigation: Benson v. City of Bellingham et al. (Good, approx 15 min) Staff provided information on a litigation matter. For information and discussion. No action taken. 3. Potential Property Acquisition (Erb, approx 10 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. 23947 1. Granting a Public Access Easement and Restrictive Covenant at 855 Bennett Road p. 99 23948 2. Provide Funding for Ongoing Operations of the Whatcom County's Crisis Stabilization p. 115 Center 23949 3. What-Comm 911 Interlocal Agreement – WWU PD on Intrado Phone System and p. 123 Eventide Logging Recorder (Contract Number C2301425) 23950 4. Extension of the Interlocal Agreement between the City of Bellingham and the p. 133 Whatcom Conservation District for the Cooperative Administration of the City’s Lake Whatcom Homeowner Incentive Program 23951 5. A Resolution Authorizing a Grant Application for Padden Creek Estuary Fish Passage p. 142 Improvements 23952 6. A Resolution Setting the Dates and Times of the 2024 City Council Meetings p. 196 23953 7. Authorization of Payroll Labor Cost Payments Dated November 1, 2023 to November p. 199 15, 2023 23954 8. Authorization of A/P Transactions Issued November 10, 2023 through November 16, p. 200 2023 23955 9. Authorization of A/P Transactions Issued November 17, 2023 through November 22, p. 201 2023 Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances City of Bellingham Regular City Council Meeting Page 5 of 6 12/4/2023 Minutes 23923 1. An Ordinance of the City of Bellingham, Washington Extending an Existing p. 202 Moratorium on Development Applications and Permits Relating to Multi-Family Zoned Properties within the Silver Beach Neighborhood and Setting Six Months as the Effective Period of the Moratorium. Daniel Hammill / Hollie Huthman moved approval for third and final reading. Michael Lilliquist / Daniel Hammill moved to amend the ordinance to include, "Section 11. Council agrees with staff's recommendation to initiate and complete a Type VI legislative process that considers the MEDIUM-density and LOW-density options in each of the multi-family zones in the Silver Beach Neighborhood prior to July 10, 2024. Adopting either density option would also require comprehensive plan amendments that include revising the maps and text in the Silver Beach Neighborhood Plan. The Council finds that staff's proposal meets the docketing criteria in BMC 20.20.030 and should be added to the annual review docket." MOTION TO AMEND CARRIED 7-0. Upon amended 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) AMENDED MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-12-037. Public Comment Period City Council heard public comment from 18 individuals. To access the recording, visit the Public Comment Period Recordings page. Adjournment There being no further business, the meeting adjourned at 9:09pm. Michael Lilliquist, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 01/08/2024 City of Bellingham Regular City Council Meeting Page 6 of 6 12/4/2023 Minutes