City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes March 25, 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 7:00pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. On April 8, the City Council will hold a public hearing to take comment on a proposed resolution to relinquish a surplus utility easement retained within vacated 15th Street between Larrabee Avenue and Larrabee/Donovan Alley and realign a pedestrian easement. 2. On April 8, the City Council will hold a public hearing on proposed agreements between Western Washington University and the City of Bellingham regarding the construction of a Coast Salish House of Healing in the Sehome Hill Arboretum, including a Ground Lease and Amended Interlocal Cooperation Agreement. 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 Presentation 24048 1. Bellingham Municipal Court State of the Court Address p. 6 Judge Debra Lev, Commissioner Nicholas Henery, and Darlene Peterson, Court Director, delivered a State of the Court address to the Council. The presentation included a review of the Mental Health and Domestic Violence Therapeutic Courts, a preview of the new Community Court being launched in the fall, and welcomed Therapeutic Court Manager, Leticia Nunez. Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor. City of Bellingham Regular City Council Meeting Page 1 of 7 3/25/2024 Minutes  Mayor Lund shared updates on recent engagements with various community members including feedback from advocates for the unhoused and vulnerable members, a ride along with the Fire Department, and an All-Women’s Luncheon. Mayor Lund encouraged the public to watch this afternoon's Committee of the Whole presentations, which highlighted existing public health, social service, and justice project partnerships between the City and Whatcom County. The Mayor will return to Council to discuss a proposal for additional City staff dedicated to supporting partnerships and programs to advance community safety, health, and well-being. Mayor Lund recently provided a letter of support for the Lummi Nation's request for federal funding for a secure withdrawal facility. Mayor Lund shared that the Port of Bellingham Commissioners voted unanimously to terminate their lease with ABC Recycling. The administration will work to understand how this will impact the metal shredding facility proposal on Marine Drive and noise ordinance under development. The Mayor will continue to engage with Port leaders to advance a mindful vision for the working waterfront. 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, Michael Lilliquist 24049 1. Noise Variance - Woburn Street Sanitary Sewer Replacement Paving p. 25 This item was removed from the agenda. 24050 2. Contract Award for the Electrification of Transportation - Phase 2 (ES567), Bid #10B- p. 30 2024 Eric Johnston, Public Works Director, Mike Wilson, Assistant Director of Engineering, and Freeman Anthony, Engineer, provided a summary of the contract award #10B-2024, electrification of transportation - phase 2 project. The project installs 38 electric vehicle charging stations with 71 plugs at 20 locations throughout Bellingham. Summit Construction Group Inc is the responsible bidder who submitted the lowest responsive bid of $1,583,003.70, including any applicable Sales or Use Tax. Council Members discussed and asked questions regarding the contract award. Hannah Stone / Lisa Anderson moved to approve contract award #10B-2024 for the electrification of transportation - phase 2 project to Summit Construction Group Inc as the lowest responsive, City of Bellingham Regular City Council Meeting Page 2 of 7 3/25/2024 Minutes  responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $1,583,003.70, which includes any applicable WSST. MOTION CARRIED 7-0. Parks and Recreation 10:35 AM Edwin H. "Skip" Williams, Chair Hollie Huthman, Jace Cotton 24052 1. Introduction of House of Healing Lease Agreement and Amended Interlocal p. 50 Cooperation Agreement for Sehome Hill Arboretum between Western Washington University and City of Bellingham Nicole Oliver, Parks and Recreation Director, provided an overview of the proposed lease agreement for a Coast Salish Longhouse, House of Healing Building with Western Washington University. The building will include parking and outdoor facilities on land currently owned by the City within the arboretum. The agreement will require amendments to interlocal cooperation agreements. A public hearing will be held to further discuss the proposal on April 8, 2024. Council Members discussed and asked questions about the lease agreement. 24051 2. Greenways Annual Report 2023 p. 82 Nicole Oliver, Parks and Recreation Director, Peter Gill, Park Planning and Development Coordinator, Laine Potter, Park Design and Development Manager, and Neil Schaner, Chair of the Greenways Advisory Committee, presented the 2023 Annual Greenways Report. The report highlighted recent accomplishments, levy fund revenue and expenditures, and projects. Council Members discussed and asked questions about the Greenways Annual Report. Committee Of The Whole 1:00 PM Daniel Hammill, Chair Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton 24053 1. Whatcom County Health and Community Services Response Systems Division p. 107 Presentation on Diversion Programs, Program Data, and Collective Impact Malora Christensen, Whatcom County Health and Community Services Response Systems Manager, presented an update on the Alternative Response Team (ART) and annual reporting on the Ground- Level Response and Coordinated Engagement (GRACE) and Law Enforcement Assisted Diversion/Let Everyone Advance with Dignity (LEAD) programs. Council Members discussed the programs, asked questions, and thanked staff for their work in support of the community. 24054 2. Whatcom County Health and Community Services Update and Annual Report p. 142 Presentation City of Bellingham Regular City Council Meeting Page 3 of 7 3/25/2024 Minutes  Erika Lautenbach, Whatcom County Health and Community Services Director, provided an update on the Department’s current projects and the 2023 Annual Report. Council Members discussed the report and asked questions. 24055 3. Justice Project Agreement Update p. 157 Tyler Schroeder, Whatcom County Deputy Executive, presented an update on the Justice Project Agreement, including describing the policy framework, financial framework, and the County's progress-to-date on various projects. An interlocal will be presented to Council for approval this spring. Council Members discussed the projects and asked questions. 24056 4. An Ordinance of the City of Bellingham, Washington, Amending the 2023-2024 p. 187 Biennial Budget - Amendment No. 11 Andy Asbjornsen, Finance Director, and Forrest Longman, Deputy Finance Director, presented the draft ordinance to amend the 2023-2024 budget. The ordinance adds 2.6 full-time equivalent custodial positions to Public Works for the new downtown public restrooms, budget authority in Planning & Community Development for interfund charges related to restroom operations and funding for the Golf Course to purchase equipment. Council Members discussed and asked questions about the ordinance. Daniel Hammill / Edwin H. "Skip" Williams moved for first and second reading. MOTION CARRIED 7-0. 24057 5. Consideration of a Request to Initiate the Review Process for a Potential Annexation p. 192 of Approximately 146-Acres Located in Bellingham's Northeastern Urban Growth Area known as the Britton Road/Northern Heights Annexation Blake Lyon, Planning and Community Development Director, and Chris Behee, Long Range Planning Manager, presented a resolution that accepts a petition for annexation of approximately 146-acres in the northeastern urban growth area known as Britton Road/Northern Heights Annexation and initiates the annexation review process. A public hearing will be held prior to a final decision on the proposed annexation following a review by the City's inter-departmental annexation team. Council Members discussed and asked questions about the annexation. Daniel Hammill / Edwin H. "Skip" Williams moved final approval of Resolution #2024-02. MOTION CARRIED 6-1. Opposed: Lisa Anderson 24058 6. An Ordinance Relating to the Whatcom Museum and Repealing Bellingham p. 236 Municipal Code (BMC) Chapter 2.39 Sarah Chaplin, Senior Assistant City Attorney, and Patricia Leach, Museum Director, presented the draft ordinance, which repeals Bellingham Municipal Code (BMC) Chapter 2.39 in order to comply City of Bellingham Regular City Council Meeting Page 4 of 7 3/25/2024 Minutes  with a new operating agreement with the Whatcom Museum Foundation. Council Members discussed and asked questions about the ordinance. Daniel Hammill / Michael Lilliquist moved for first and second reading. MOTION CARRIED 7-0. 24059 7. Interagency Agreement with the Department of Commerce: Climate Planning Grant p. 279 Blake Lyon, Planning and Community Development Director, Anya Gedrath, Planner, and Seth Vidana, Climate Energy Manager, presented on a Climate Planning Grant from the Washington State Department of Commerce, which would provide $525,179.00 to implement HB 1181 and incorporate climate planning into the periodic update. Council Members discussed the grant and asked questions. Daniel Hammill / Edwin H. "Skip" Williams moved to recommend approval of the interagency agreement with the Washington State Department of Commerce for a $525,179.00 Climate Planning Grant. MOTION CARRIED 7-0. 8. Old/New Business Council Member Lilliquist addressed allegations of mistreatment by the Bellingham Police Department (BPD) raised from public comments. Police Chief Mertzig encouraged the community to watch this afternoon's Committee of the Whole presentation, which outlined the work of the Alternative Response Team (ART) and expressed gratitude for the professionalism of BPD officers. President Hammill noted that during the Committee of the Whole Justice Project Agreement presentation, Council Member Lilliquist volunteered to serve as the City Council Representative to the Finance Advisory Board. Daniel Hammill / Edwin H. "Skip" Williams moved to recommend the appointment of Council Member Lilliquist to serve on the Finance Advisory Board for the Justice Project Agreement. MOTION CARRIED 7-0. Executive Session 4:45 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Stamps, approx 3 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 2. Potential Property Acquisition (Stamps, approx 3 min) City of Bellingham Regular City Council Meeting Page 5 of 7 3/25/2024 Minutes  Staff provided information on a potential Lake Whatcom Watershed property acquisition totaling 1.29 acres with two potential development units. Lisa Anderson / Hollie Huthman 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, Leslee Probasco, with a purchase price of $515,000 and with closing to occur on or around April 10, 2024. MOTION CARRIED 7-0. 3. Potential Property Acquisition (Kraham, approx 5 min) - ITEM ADDED 3.25.24 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. 24060 1. Interagency Agreement with the Department of Commerce: Middle Housing Grant p. 302 24061 2. Interagency Agreement with the Department of Commerce: Periodic Update Grant p. 319 24062 3. Approval of the 3/11/2024 City Council Committee and Regular Meeting Minutes p. 335 24063 4. Authorization of A/P Transactions Issued March 01, 2024 through March 07, 2024 p. 349 24064 5. Authorization of A/P Transactions Issued March 08, 2024 through March 14, 2024 p. 350 24065 6. Authorization of Payroll Labor Cost Payments Dated February 16, 2024 to February p. 351 29, 2024 Edwin H. "Skip" Williams / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 24039 1. An Ordinance Authorizing the Issuance of One or More Series of Limited Tax General p. 352 Obligation Bonds in the Aggregate Principal Amount of Not to Exceed $26,000,000 to Finance Costs Related to Acquiring, Designing, Constructing, Developing, Improving, Equipping and Furnishing City Facilities Hollie Huthman / Edwin H. "Skip" Williams moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote: City of Bellingham Regular City Council Meeting Page 6 of 7 3/25/2024 Minutes  AYES: Hammill, Stone, Huthman, Williams, Anderson, Lilliquist, Cotton NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2024-03-011. Public Comment Period City Council heard public comments from 14 individuals. To access the recording visit, Public Comment Period Recordings - City of Bellingham (cob.org). Adjournment There being no further business, the meeting adjourned at 9:05pm. Daniel Hammill, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 4/8/2024 City of Bellingham Regular City Council Meeting Page 7 of 7 3/25/2024 Minutes