City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes January 29, 2024, 7:00 PM Mayor: Kimberley Lund 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 Jace Cotton Call to Order The City Council Regular meeting was called to order by Council President Hammill 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 Daniel Hammill, Third Ward Council Member Hannah Stone, First Ward Council Member Hollie Huthman, Second Ward Council Member Edwin H. "Skip" Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Jace Cotton, At-Large Public Hearing The following four public hearing items were independently listed on the agenda because each item relates to a different chapter in the Bellingham Municipal Code, Titles 19, 20, 21, and 23. All four items have a similar purpose, to provide clarifying language, correct grammatical errors, standardize regulations, and provide consistency with the comprehensive plan and were consolidated for discussion into one public hearing. Blake Lyon, Planning and Community Development Director, and Kathy Bell, Senior Planner, presented a summary of the proposed ordinance modifications. President Hammill opened the Public Hearing. No individuals provided testimony. President Hammill closed the Public Hearing 24004 1. A Public Hearing to Consider a Text Amendment to Bellingham Municipal Code p. 19.04.130 Hollie Huthman / Edwin H. "Skip" Williams moved for first and second reading. City of Bellingham Regular City Council Meeting Page 1 of 9 1/29/2024 Minutes  MOTION CARRIED 7-0. 24005 2. A Public Hearing to Consider Text Amendments to Multiple Sections of Bellingham p. Municipal Code Title 20, Land Use Development Daniel Hammill / Michael Lilliquist moved to amend Section 12 of the ordinance, replacing “RT-1 and 2” with “RT-3 and RT-2" to read, "Abutting streets shall be improved to three-quarters standard except 4th, 6th, 8th and 10th Streets and Donovan, Wilson and Cowgill Avenues within the RT-3 and RT-2 land use areas shall only be improved as necessary to provide emergency access. Projects abutting Harris Avenue shall also improve the abutting sidewalk to accommodate the proposed street designs in the Fairhaven neighborhood and urban village plan." MOTION CARRIED 7-0. Michael Lilliquist / Lisa Anderson moved to amend Section 7, item 3 and Note 2 to, "Applicable only to lots that lack street abutment and are served by a private access easement. The maneuvering area between the back of parking (or a garage/carport entry) and a private driveway shall not be between 10 feet and 18 feet in length to prevent parked cars from overhanging into a driveway." MOTION CARRIED 7-0. Hollie Huthman / Edwin H. "Skip" Williams moved for first and second reading as amended. MOTION CARRIED 7-0. 24006 3. A Public Hearing to Consider Text Amendments to Multiple Sections of Bellingham p. Municipal Code Title 21, Administration of Development Regulations Edwin H. "Skip" Williams / Hollie Huthman moved for first and second reading. MOTION CARRIED 7-0. 24007 4. A Public Hearing to Consider Text Amendments to Multiple Sections of Bellingham p. Municipal Code Title 23, Land Division Edwin H. "Skip" Williams / Hollie Huthman 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. 23985 1. Mayor's Appointment to the Home Rehabilitation Program Loan Review Board p. (Information) City of Bellingham Regular City Council Meeting Page 2 of 9 1/29/2024 Minutes  Mayor Lund appointed Kyle White to his first term on the Home Rehabilitation Program Loan Review Board, which will expire on January 19, 2028, at which time he may be reappointed. 23986 2. Mayor's Appointment to the Mayor's Neighborhood Advisory Commission p. (Information) Mayor Lund appointed Lindsey Payne Johnstone to her first partial term as the Downtown Bellingham Representative to the Neighborhood Advisory Commission, which will expire on February 24, 2025, at which time she may be reappointed. 23987 3. Mayor's Appointments to the Community Development Advisory Board p. (Information) Mayor Lund appointed Baylie Collins to a full term on the Community Development Advisory Board, which will expire on January 19, 2027, at which time they may be reappointed and Jasmine Fast to a partial term on the Community Development Advisory Board, which will expire on June 1, 2024, at which time they may be reappointed. 23988 4. Mayor's Appointments to the Water Resources Advisory Board (Approval) p. Mayor Lund recommended the following appointments for the Water Resources Advisory Board  Fiona McNair, Francesca White, and Rick Eggerth to three-year terms, which will expire on January 29, 2027, at which time they may be appointed.  John Peppell, Martin Kjelstad, and Kirsten McDade to two-year terms, which will expire on January 29, 2026, at which time they may be reappointed.  Benjamin Cairns, Bret Beaupain, and Laura Weiss to one-year terms, which will expire on January 29, 2025, at which time they may be reappointed. Lisa Anderson / Edwin H. "Skip" Williams moved to recommend approval of the following appointments to the Water Resources Advisory Board,  Fiona McNair, Francesca White, and Rick Eggerth to three-year terms, which will expire on January 29, 2027, at which time they may be appointed.  John Peppell, Martin Kjelstad, and Kirsten McDade to two-year terms, which will expire on January 29, 2026, at which time they may be reappointed.  Benjamin Cairns, Bret Beaupain, and Laura Weiss to one-year terms, which will expire on January 29, 2025, at which time they may be reappointed. MOTION CARRIED 7-0. Mayor Lund provided an update on the Fleet Mechanic Agreement, which was recently signed with the 1937 Guild of Pacific Northwest Employees. The City is also nearing completion of recruitment for five mechanic positions, returning the workforce to full staffing. City of Bellingham Regular City Council Meeting Page 3 of 9 1/29/2024 Minutes  Mayor Lund highlighted the City's response during inclement weather. She thanked City staff and community partners for their work to ensure services were provided and roads were safely reopened for driving. Mayor Lund shared that she recently attended the Fire & Story Event at the waterfront hosted by Paper Whale. She hopes to work with them to bring additional events to the downtown corridor. 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 11:00 AM Hannah Stone, Chair Lisa Anderson, Michael Lilliquist 23989 1. Contract Award for Post Point Reroof Project, Group #1, Bid No. 3B-2024 p. Eric Johnston, Public Works Director, and Joel Pfundt, Assistant Director Transportation, provided a summary of the contract award #3B-2024, Post Point Reroof Project. The project includes replacement of roofs and related construction on six existing buildings at the Post Point Wastewater Treatment Facility. Hytech Roofing, Inc. submitted the lowest responsive bid of $988,310.91, including any applicable Sales or Use Tax. Council Members discussed and asked questions regarding the project and contract award. Hannah Stone / Lisa Anderson moved to approve contract award #3B-2024 for the Post Point Reroof Project to Hytech Roofing, Inc as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid of $988,310.91, which includes any applicable WSST. MOTION CARRIED 7-0. 23990 2. Contract Award for West Illinois Multimodal Improvements Project (ES561) Bid #22B-p. 2023 Eric Johnston, Public Works Director, Mike Wilson, Assistant Director of Engineering, and Freeman Anthony, Engineer, provided a summary of the contract award #22B-2024, West Illinois Multimodal Improvements Project. The project adds sidewalks, bike lanes, pavement markings, fiber optic conduit, flashing beacons, stormwater improvements and new curb and gutter in select locations from Meridian Street to Lynn Street. The Meridian and West Illinois intersection will have the traffic signal removed and a roundabout installed. The project also adds bike lanes, pavement markings and three crosswalks with flashing beacons along Meridian and Girard Streets. Dawson Construction, LLC was the responsible bidder and submitted the lowest responsive bid of $3,486,091.40, including any applicable Sales or Use Tax. Council Members discussed and asked questions regarding the project and contract award. City of Bellingham Regular City Council Meeting Page 4 of 9 1/29/2024 Minutes  Hannah Stone / Lisa Anderson moved to reject the bid submitted by New X, Inc. and approve contract award #22B-2024 for the West Illinois Multimodal Improvements Project to Dawson Construction, LLC as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid of $3,486,091.40, which includes any applicable WSST. MOTION CARRIED 7-0. Community and Economic Development 1:30 PM Jace Cotton, Chair Hannah Stone, Hollie Huthman 23991 1. Consolidated Annual Performance and Evaluation Report: Housing, Services, and p. Related Accomplishments between July 1, 2022 and June 30, 2023 Blake Lyon, Planning and Community Development Director, Samya Lutz, Housing and Services Program Manager, and Tara Sundin, Community and Economic Development Manager, presented the consolidated annual performance and evalution report (CAPER) on housing, services, and related community development projects as required by the Federal Department of Housing and Urban Development. The CAPER reports on Consolidated Plan goals based on the five-year period from July 2018 through June of 2023 and the levy goals based on the ten-year period from 2019- 2028. This CAPER is the last in which the City is reporting under the prior Consolidated Plan. Council Members discussed and asked questions regarding housing projects and services within Bellingham. Parks and Recreation 2:15 PM Edwin H. "Skip" Williams, Chair Hollie Huthman, Jace Cotton 23992 1. Northwest Neighborhood Park Name and Playground Options p. Nicole Oliver, Parks and Recreation Director, and Laine Potter, Park Development Manager, presented on the naming of the Northwest Neighborhood Park and playground options. As part of a private residential development project, known as Aurora Court, a new neighborhood park will be designed, constructed, and dedicated to the City. The need for a neighborhood park was identified in the Recommended Facilities section of the 2020 Parks, Recreation, and Open Space Plan and building and dedicating a public neighborhood park is a condition of approval of the Aurora Court preliminary plat. A community survey solicited park name ideas and gathered input on playground program opportunities. The Parks and Recreation Advisory Board (PRAB) selected the name Northern Lights Park. Council members discussed the park and asked questions. Edwin H. "Skip" Williams / Hollie Huthman moved to recommend approval of renaming the Northwest Neighborhood Park to the Northern Lights Park. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 5 of 9 1/29/2024 Minutes Committee Of The Whole 3:00 PM Daniel Hammill, Chair Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton 23993 1. An Ordinance Amending the 2023-2024 Biennial Budget - Amendment No. 10 p. Andy Asbjornsen, Finance Director, presented the draft ordinance, which will increase an existing Development Specialist 2 position in the Community Development Division of the Planning and Community Development Department from part-time to full-time. The department will pay for the 2024 expense associated with this increase out of existing budget authority; accordingly, this ordinance adds no funds to the budget. However, this change will increase expenses by approximately $40,000. Daniel Hammill / Michael Lilliquist moved for first and second reading. MOTION CARRIED 7-0. 23971 2. An Ordinance of the City of Bellingham, Washington, Suspending All Future Meetings p. of the Immigration Advisory Board (IAB) and its Subcommittees Until City Council Adopts an Ordinance Rescinding the Suspension Council Member Stone introduced the ordinance, which would temporarily suspend all future meetings of the Immigration Advisory Board (IAB) and its subcommittees until the Council adopts an ordinance rescinding the suspension. Mayor Lund, City Attorney Alan Marriner, Police Chief Rebecca Mertzig, and Janice Keller, Interim Deputy Administrator and Communications Director, expressed their support for the ordinance. The administration provided a summary of proposed next steps. Council Members discussed the ordinance and the proposal document and asked questions. Daniel Hammill / Edwin H. "Skip" Williams moved for first and second reading as amended during the Committee of the Whole meeting. MOTION CARRIED 6-1. Opposed: Jace Cotton 23994 3. A Resolution Supporting the Passage of Rent Stabilization Legislation by the p. Washington State Legislature, Including Washington State House Bill 2114 and Senate Bill 5961 Council Member Cotton introduced a resolution that supports passage of rent stabilization legislation by the Washington State Legislature, including Washington State House Bill 2114 and Senate Bill 5961. Council Members discussed the resolution and asked questions. Daniel Hammill / Edwin H. "Skip" Williams moved final approval of Resolution #2024-01 as amended during the Committee of the Whole meeting. City of Bellingham Regular City Council Meeting Page 6 of 9 1/29/2024 Minutes  MOTION CARRIED 7-0. 23995 4. An Ordinance Relating to the Rental Registration and Safety Inspection Program; p. Amending BMC 6.15.020, 6.15.030, 6.15.040, 6.15.050, 6.15.070, 6.15.080, and 6.15.170; and Adding a New Section to Chapter 6.15 This item was postponed due to time constraints to the February 12, 2024 Committee of the Whole Meeting. 23996 5. Approval of the 12/11/2023 City Council Committee and Regular Meeting Minutes p. Edwin H. "Skip" Williams / Hollie Huthman moved approval of the December 11, 2023 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 23997 6. Approval of the 1/2/2024 City Council Regular Meeting Minutes p. Edwin H. "Skip" Williams / Hollie Huthman moved approval of the January 2, 2024 minutes of the regular City Council meeting as submitted MOTION CARRIED 7-0. 23998 7. Approval of the 1/8/2024 City Council Committee and Regular Meeting Minutes p. Lisa Anderson / Edwin H. "Skip" Williams moved approval of the January 8, 2024 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 8. Old/New Business President Hammill shared that during Committee of the Whole Old/New Business, Council voted to request the administration return with language changing the City Council At-Large position from a two-year term to a four-year term, to create parity between all Council Members. Executive Session Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Marriner, approx 5 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. City of Bellingham Regular City Council Meeting Page 7 of 9 1/29/2024 Minutes  2. Potential Property Acquisition (Kraham, approx 5 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 3. Potential Litigation (Kraham, approx 5 mn) Staff provided information on a potential litigation matter. Michael Lilliquist / Lisa Anderson moved to authorize the Legal Department to enter into a Consent Decree with Ecology regarding the R.G. Haley Site. MOTION CARRIED 7-0. 4. Labor Relations: Discuss Collective Bargaining (Monahan, approx 2 min) Staff provided information on a labor relations matter. For information and discussion. No action taken. 5. Labor Relations: Review Contract Proposal for the Police Guild (Monahan, approx 5 min) Staff provided information on the proposed 2023-2024 collective bargaining agreement between the City and the Bellingham Police Guild. Lisa Anderson / Hollie Huthman 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: 7% COLA  Effective January 1, 2024: 4% COLA  Effective January 1, 2024: ½% increase to educational incentive  Effective upon ratification: 1% increase to several existing premiums and the addition of a new premium  Effective upon ratification: increase deferred compensation match to 7% and restructure the conversion to longevity MEDICAL INSURANCE:  No changes to medical coverage  Increase vision coverage from $10 per member per month to $11.86 per member per month MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 8 of 9 1/29/2024 Minutes 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. 23999 1. Whatcom County Water District No. 2 Boundary Map Correction p. 24000 2. Authorization of Payroll Labor Cost Payments Dated December 16, 2023 to p. December 31, 2023 24001 3. Authorization of A/P Transactions Issued December 29, 2023 through January 04, p. 2024 24002 4. Authorization of A/P Transactions Issued January 05, 2024 through January 11, 2024 p. 24003 5. Authorization of A/P Transactions Issued January 12, 2024 through January 18, 2024 p. Hollie Huthman / Edwin H. "Skip" Williams moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Public Comment Period City Council heard public comment from 36 individuals. To access the recording, visit the Public Comment Period Recordings - City of Bellingham (cob.org). Adjournment There being no further business, the meeting adjourned at 9:57pm. Daniel Hammill, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 2/26/2024 City of Bellingham Regular City Council Meeting Page 9 of 9 1/29/2024 Minutes