City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes October 21, 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. Land Acknowledgement Statement Before we begin, we acknowledge that we are gathered on the traditional and unceded territory of the Lummi, Nooksack, Samish and Semiahmoo People who have cared for and tended this land since time immemorial. Truth and acknowledgment are critical to building mutual respect and connection across all barriers of heritage and difference. We begin this effort to acknowledge what has been buried by honoring the truth. We pay respect to their elders past and present. Please take a moment to consider the many legacies of violence, displacement, migration, and settlement that bring us together here today. And please join us in uncovering such truths at any and all public events. 2. Language Access The Bellingham City Council provides Spanish interpretation at all regular evening meetings. Interpretation can be accessed by in-person attendees by utilizing the headsets located at the front of the room. Remote viewers can log on to cob.org/cczoom and click on the "Language" icon at the bottom of the screen to listen in Spanish. 3. Upcoming Public Hearing: Utility Easement On November 4, 2024, the Bellingham City Council will hold a public hearing to take comment on a proposed resolution providing for the City to relinquish a portion of a general utility easement encumbering a portion of the property commonly known as 701 & 705 N. State Street. Detailed information can be found at meetings.cob.org five days prior to the hearing. 4. Upcoming Public Hearing: 2025 Budget On November 4, 2024, the Bellingham City Council will hold a second public hearing to receive comment on the Proposed 2025 Budget. The Proposed Budget can be found at cob.org/gov/budget or in the Finance Department on the first floor of City Hall. Detailed information can be found at meetings.cob.org five days prior to the hearing. Roll Call Present: Council President Daniel Hammill, Third Ward City of Bellingham Regular City Council Meeting Page 1 of 10 10/21/2024 Minutes  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 24281 1. A Public Hearing on the 2025 Revenue Projections, Including a One Percent Increase p. 7 to the Regular Property Tax Levy Forrest Longman, Deputy Administrator, and Andy Asbjornsen, Finance Director, provided an overview of the anticipated General Fund revenues for 2025 and the proposal to increase property taxes by the statutorily allowed one percent for 2025. The presentation is available here. Council Members discussed the revenue projections and asked questions. Council President Hammill opened the public hearing. Two individuals provided testimony. Council President Hammill closed the public hearing. 24282 2. A Public Hearing on an Ordinance Relating to the Preservation of Landmark Trees p. 9 and Extending the Interim Development Regulations with Respect to Landmark Trees throughout the City Blake Lyon, Planning and Community Development, presented the draft ordinance, which extends the current interim ordinance for an additional six months to allow for time to complete the Type VI legislative process. Council Members discussed the ordinance and asked questions. Council President Hammill opened the public hearing. Six individuals provided testimony. Council President Hammill closed the public hearing. Lisa Anderson / Edwin H. "Skip" Williams 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. 24283 1. Mayor's Reappointments to the Transportation Commission (Approval) p. 27 City of Bellingham Regular City Council Meeting Page 2 of 10 10/21/2024 Minutes  Mayor Lund reappointed Addie Candib, Jacki Quinn, and Tim Wilder to their final terms on the Transportation Commission, which will expire on October 25, 2027. Lisa Anderson / Hollie Huthman moved to recommend approval of Addie Candib, Jacki Quinn, and Tim Wilder to their final terms on the Transportation Commission, which will expire on October 25, 2027. MOTION CARRIED 7-0. Mayor Lund shared the upcoming permanent closure of the northbound I-5 onramp from Meridian Street. This change addresses safety concerns and aims to improve traffic flow. Also, along Meridian Street, a multi-year sewer infrastructure project to replace aging sewer mains from Orchard Drive to Van Wyck Road will begin soon. The project is expected to take two years to complete and will help prevent sewer overflows and support future growth. The community can learn more online. Mayor Lund encouraged the community to watch today's Community and Economic Development Committee meeting, which focused on severe weather shelter plans for the upcoming winter, the new YWCA shelter for women and children, results from the point in time count report, and the community interim shower program. Mayor Lund highlighted the $10.8 million biennial budget adjustment that was requested for the Fire and Police Departments to continue operations for the remainder of the year and reiterated her commitment to addressing budget challenges with City leadership, City Council, staff, and the community. Regular Meeting and Committee Sessions The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Community and Economic Development 9:15 AM Jace Cotton, Chair Hannah Stone, Hollie Huthman 24284 1. Presentation on the 2024 Point in Time Count (PITC) Report p. 38 Tara Sundin, Community and Economic Development Manager, Chris D'Onofrio, Housing Program Supervisor at Whatcom County Health & Community Services, and Teri Bryant, Director of Whatcom Housing Service at the Opportunity Council, presented the 2024 Point in Time Count (PITC) report, which provides a snapshot of the number of individuals experiencing homelessness in our community. Council Members discussed the report and asked questions. 24285 2. Briefing from Whatcom County on 2024-2025 Winter Severe Weather Shelter Plans p. 61 Tara Sundin, Community and Economic Development Manager, Chris D'Onofrio, Housing Program Supervisor at Whatcom County Health & Community Services, and Ann Beck, Community Health City of Bellingham Regular City Council Meeting Page 3 of 10 10/21/2024 Minutes  and Human Services Manager at Whatcom County Health & Community Services, provided an overview of 2024-2025 severe weather shelter plans. Whatcom County is currently in discussions with Lutheran Community Services to operate an overnight emergency shelter for about 70 individuals. Council Members discussed the plans and asked questions. 24286 3. Council Briefing on the New YWCA Emergency Shelter for Women and Children p. 63 Tara Sundin, Community and Economic Development Manager, and Alle Schene, CEO of the Bellingham YWCA, provided an update on the new YWCA emergency shelter for women and children located at 315 Lakeway Drive. Council Members discussed the project and asked questions. 24287 4. Council Briefing on Community Interim Shower Program p. 67 Tara Sundin, Community and Economic Development Manager, and Marisa Schoeppach, Homeless Outreach Team Coordinator at the Opportunity Council, provided an update on the interim community shower program that has operated behind City Hall since fall 2023. Services will sunset on October 27, 2024 with the opening of The Way Station. Council Members discussed the program and asked questions. Committee Of The Whole 10:25 AM Daniel Hammill, Chair Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton 24288 1. Budget Work Session p. 79 Nicole Oliver, Parks and Recreation Director, provided an overview of the 2024 department achievements, and the proposed 2025 budget and work plan. Council Members discussed the department’s accomplishments, proposed budget, and asked questions. Blake Lyon, Planning and Community Development Director, provided an overview of the 2024 department achievements, and the proposed 2025 budget and work plan. Council Members discussed the department’s accomplishments, proposed budget, and asked questions. 24289 2. An Ordinance Amending the 2023-2024 Biennial Budget - Amendment No. 15 p. 80 Andy Asbjornsen, Finance Director, Forrest Longman, Deputy Administrator, Fire Chief Bill Hewett, and Police Chief Rebecca Mertzig, presented the draft ordinance amending the 2023-2024 Biennial Budget Amendment 15. The ordinance adds $10.8 million to the General Fund to cover increased expenditures from the Fire and Police Departments. Council Members discussed the ordinance and asked questions. Daniel Hammill / Edwin H. "Skip" Williams moved for first and second reading. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 4 of 10 10/21/2024 Minutes 24253 3. Work Session Regarding Landlord Tenant Relations and Unfair or Excessive Fees in p. 85 Residential Rental Agreements and Leases Iris Nott, Legislative Policy Analyst, and Council Member Cotton, returned to discuss the ordinance relating to landlord tenant relations and unfair or excessive fees in residential rental agreements and leases. Council Members discussed the draft ordinance and asked questions. Daniel Hammill / Edwin H. "Skip" Williams moved to adopt the revised ordinance as the draft to share for public engagement and the administration's further review. MOTION CARRIED 7-0. Daniel Hammill / Edwin H. "Skip" Williams moved to schedule additional work sessions and request the administration to be prepared for a public engagement timeline and staffing process as outlined in Option #1, but with the goal for Option #2. MOTION CARRIED 7-0. 24254 4. Work Session Regarding Manufactured/Mobile Home Landlord Tenant Relations and p. 298 Unfair or Excessive Fees in Manufactured/Mobile Home Lease Agreements Iris Nott, Legislative Policy Analyst, and Council Member Cotton, returned to discuss the ordinance relating to landlord tenant relations and unfair or excessive fees in manufactured/mobile home lease agreements. Council Members discussed the draft ordinance and asked questions. Daniel Hammill / Edwin H. "Skip" Williams moved to adopt the revised ordinance as the working draft for discussion at the upcoming work sessions. MOTION CARRIED 7-0. 5. Old/New Business There were no discussion items for Old/New Business. Executive Session 1:50 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Litigation: Claim 2024-40 (Good, approx. 10 min.) Staff provided information on a potential litigation matter. For information and discussion. No action taken. 2. Litigation: Stean v. Bellingham Police et al. (Good, approx. 10 min.) Staff provided information on a litigation matter. For information and discussion. No action taken. City of Bellingham Regular City Council Meeting Page 5 of 10 10/21/2024 Minutes  3. Labor Relations: Review Contract Proposal for IAFF Local 106B (Sullivan, approx. 10 min.) Staff provided information on the proposed 2024-2026 collective bargaining agreement between the City and IAFF, Local 106B. Hollie Huthman / Edwin H. "Skip" Williams moved to ratify the agreement reached with the following general terms: DURATION: January 1, 2024 through December 31, 2026 WAGES AND COMPENSATION: • Effective January 1, 2024: Wage increase of 4% and market adjustment of 1.5% • Effective January 1, 2025: Wage increase of 4% • Effective January 1, 2026: Wage increase of 3.75% • Effective upon ratification: Increase the deferred compensation employer match by .25%, increase of .4% to base salary for Captains and Inspectors, bilingual premium of 1% of salary • Increase longevity pay by .5% at 10 years of service and 1.5% at 15 years of service • Increase MERP contributions by $50 per month effective January 1, 2024 and an additional $25 per month effective January 1, 2025 MEDICAL INSURANCE: • Increase the employer contribution to medical insurance by 6% each year MOTION CARRIED 7-0. 4. Labor Relations: Discuss Collective Bargaining Strategy (Sullivan, approx. 10 min.) Staff provided information on a labor relations matter. For information and discussion. No action taken. 5. Cybersecurity (Burdick, approx. 5 min.) Staff provided information on a cybersecurity matter. For information and discussion. No action taken. 6. Potential Property Acquisition (Stamps, approx. 3 min.) Staff provided information on a potential Lake Whatcom Watershed 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 0.13 acres with one potential development unit. City of Bellingham Regular City Council Meeting Page 6 of 10 10/21/2024 Minutes  Edwin H. "Skip" Williams / 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, Brian Huber, with a purchase price of $75,000 and with closing to occur on or around December 20, 2024. MOTION CARRIED 7-0. 8. Potential Property Acquisition (Stamps, approx. 3 min.) Staff provided information on a potential Lake Whatcom Watershed property acquisition totaling 0.13 acres with one potential development unit. Edwin H. "Skip" Williams / Michael Lilliquist 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, Douglas N Campbell Trust, with a purchase price of $76,000 and with closing to occur on or around November 1, 2024. MOTION CARRIED 7-0. 9. Security (Marriner, Approx. 15 min.) Staff provided information on a security matter. For information and discussion. No action taken. Public Works and Natural Resources 3:00 PM Hannah Stone, Chair Lisa Anderson, Michael Lilliquist 24290 1. Noise Variance – Washington State Department of Transportation Work at I-5 and SR p. 316 542 Joel Pfundt, Interim Public Works Co-Director, and Mike Wilson, Assistant Director of Engineering, presented the noise variance request by the Washington State Department of Transportation (WSDOT) for preservation project construction on I-5 and SR 542. The work will occur at night from July 8, 2025 to September 25, 2026 in the residential areas near the I-5 northbound to King Street ramp, the Ohio Street to I-5 southbound ramp, and SR 542 from approximately McLeod Road to Britton Road. Council Members discussed the noise variance request and asked questions. Hannah Stone / Lisa Anderson moved to recommend approval of the noise variance to the Washington State Department of Transportation (WSDOT) for construction on I-5 and SR 542. MOTION CARRIED 7-0. 24291 2. Bid Award for Job Order Contracting - Construction Services: #60B-2024 p. 324 Joel Pfundt, Interim Public Works Co-Director, and Mike Olinger, Interim Public Works Co-Director, provided a summary of the bid for the City's Job Order Contracting - Construction Services. This City of Bellingham Regular City Council Meeting Page 7 of 10 10/21/2024 Minutes  contract allows for general construction work for City projects. Council Members discussed the contract and asked questions. Hannah Stone / Lisa Anderson moved to award contract No. 60B-2024 for the Job Order Contracting (JOC) Construction Services program to Forma Construction and Dawson Construction as the highest scoring proposals and to authorize the Mayor to enter into a contract with them for a maximum term of three years and not to exceed $4,000,000 per year. MOTION CARRIED 7-0. 24292 3. Bid Award for Indefinite Delivery, Indefinite Quantity (IDIQ) Overhead Door Repair p. 331 Services, BID #67B-2024 Joel Pfundt, Interim Public Works Co-Director, and Mike Olinger, Interim Public Works Co-Director, provided a summary of the Indefinite Delivery, Indefinite Quantity (IDIQ) contract for overhead door maintenance and repair services. An IDIQ contract is an on-call contract model that allows the City to procure work as needs arise by issuing individual work orders for each discrete project. Council Members discussed the contract and asked questions. Hannah Stone / Lisa Anderson moved to award contract No. 67B-2024 for the Indefinite Delivery, Indefinite Quantity (IDIQ) Overhead Door Repair Services to Overhead Door as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for three years and not to exceed amount of $250,000. MOTION CARRIED 7-0. 24293 4. Contract Award for Little Squalicum Water Quality Retrofits - Phase 1, Bid #22B-2024 p. 335 (EV173) Joel Pfundt, Interim Public Works Co-Director, Mike Wilson, Assistant Director of Engineering, and Freeman Anthony, Project Engineer, provided a summary of the Little Squalicum Water Quality Retrofits - Phase 1 Project. The project will construct new stormwater treatment systems at locations along Lindbergh and Nome Street in the Birchwood Neighborhood. Council Members discussed the project and asked questions. Hannah Stone / Michael Lilliquist moved to award contract No. 22B-2024 for the Little Squalicum Water Quality Retrofits - Phase 1 Project to Faber Construction Corporation as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, $1,147,619.58, which includes any applicable WSST. MOTION CARRIED 7-0. 24294 5. Electric Avenue Bridge Emergency Repair Update p. 346 City of Bellingham Regular City Council Meeting Page 8 of 10 10/21/2024 Minutes  Mike Olinger, Interim Public Works Co-Director, and Joel Pfundt, Interim Public Works Co-Director, provided an updated on the emergency repairs to the Electric Avenue Bridge and plans for replacement. Council Members discussed the project and asked questions. Parks and Recreation 3:55 PM Edwin H. "Skip" Williams, Chair Hollie Huthman, Jace Cotton 24296 1. Contract Award to Premium Services, Inc. for Boulevard Park Shoreline and Public p. 349 Access Enhancements, Bid #64B-2024 Nicole Oliver, Parks and Recreation Director, and Gina Austin, Project Engineer, provided a summary of the Boulevard Park Shoreline and Public Access Enhancements Project. The project will create and enhance two beach areas to improve public access and address ongoing erosion along the shoreline. The presentation is available here. Council Members discussed the project and asked questions. Edwin H. "Skip" Williams / Hollie Huthman moved to award contract No. 64B-2024 for the Boulevard Park Shoreline and Public Access Enhancements Project to Premium Services, 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, $835,355.84, which includes any applicable WSST. MOTION CARRIED 7-0. 24297 2. Update on Civic Athletic Complex Master Planning p. 384 Nicole Oliver, Parks and Recreation Director, provided an update on community plans for the Civic Athletic Complex Master Planning. Access the public engagement video online. Council Members discussed the planning process and asked questions. 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. 24298 1. Authorization of Payroll Labor Cost Payments Dated September 16, 2024 to p. 385 September 30, 2024 24299 2. Authorization of A/P Transactions Issued September 27, 2024 through October 03, p. 386 2024 24300 3. Authorization of A/P Transactions Issued October 04, 2024 through October 10, 2024 p. 387 24301 4. Interlocal Agreement between The City of Bellingham and Whatcom County p. 388 Regarding 2024 Byrne Justice Assistance Grant Award City of Bellingham Regular City Council Meeting Page 9 of 10 10/21/2024 Minutes 24302 5. Interlocal Agreement between the City of Bellingham and Whatcom Council of p. 394 Governments to Help Fund the Whatcom Smart Trips Program 24303 6. Approval of the 9/30/2024 City Council Committee and Regular Meeting Minutes p. 403 Michael Lilliquist / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 24185 1. An Ordinance Relating to the Establishment of Identity Theft Prevention Measures p. 419 for Registered Residential Properties throughout the City, Establishing a Requirement for Secure, Locking Mail Receptacles in Chapter 6.15.050 of the Bellingham Municipal Code Michael Lilliquist / 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: Hammill, Stone, Huthman, Williams, Anderson, Lilliquist, Cotton NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2024-10-027. Public Comment Period City Council heard public comments from ten individuals. To access the recording visit, Public Comment Period Recordings - City of Bellingham. Adjournment There being no further business, the meeting adjourned at 9:09pm. Daniel Hammill, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 11/4/2024 City of Bellingham Regular City Council Meeting Page 10 of 10 10/21/2024 Minutes