City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes November 21, 2022, 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 All meetings are held in the City Hall Council Chambers at 210 Lottie Street, Bellingham, WA, unless otherwise noted. Please note the doors to City Hall unlock at 6:30 PM. Call to Order The meeting was called to order by Council President Stone at 7pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. On December 12, 2022 at 7:00 PM, there will be a Public Hearing to consider the proposed updates to the design review program as it currently applies to the Downtown, Old Town, Waterfront, Fairhaven, Fountain, Samish and Barkley urban villages. The proposal includes modification of design review standards in Bellingham Municipal Code sections 20.25, 20.35 and 20.37, adoption of unified urban village and historic preservation design guidelines and updates to review procedures. 2. On December 12, 2022 at 7:00 PM, there will be a Public Hearing on the Greenways Strategic Plan for 2022-2026. This plan will guide spending of Greenways Levy funds. Details available here: 2022 – 2026 Greenways Strategic Plan - City of Bellingham (cob.org). 3. On December 12, 2022 at 7:00 PM, there will be a Public Hearing on the Master Plan for Maplewood/McLeod Neighborhood Park, located in the Birchwood Neighborhood. Details available here: Maplewood/Mcleod Park Master Plan | Engage Bellingham Roll Call Present: Council President 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 City of Bellingham Regular City Council Meeting Page 1 of 8 11/21/2022 Minutes  Council Member Michael Lilliquist, Sixth Ward Council Member Kristina Michele Martens, At Large Public Hearing 23531 1. Public Hearing on Proposed Ordinance Authorizing Condemnation of p. 7 Property for the James/Bakerview Intersection Reconstruction Project Eric Johnston, Public Works Director, and Chad Schulhauser, Assistant Director of Engineering, Public Works provided a summary of the right-of-way needed for future construction of a roundabout at the James/Bakerview intersection. President Stone opened the Public Hearing. Four members of the public spoke at the Public Hearing. President Stone closed the Public Hearing. Daniel Hammill / Edwin H. "Skip" Williams moved for first and second reading. MOTION CARRIED 7-0. President Stone provided an update on the result of a recent auction bid by the City as approved at the November 7th meeting. The City was successful in its bid on the 6,793 sq. ft. Brown/Gudbranson property (Property ID # 370307009213). Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor, if needed. No Mayor’s Report. Council Standing Committee Meetings: Public Works and Natural Resources 1:00 PM Michael Lilliquist, Chair Lisa Anderson, Kristina Michele Martens 22889 1. Update on the City of Bellingham Urban Forestry Management Plan, p. 36 Conclusion of Phase 2 Eric Johnston, Public Works Director, Analiese Burns, Public Works Habitat and Restoration Manager, and Nicole Oliver, Parks and Recreation Director, provided an update on the City of Bellingham's work to draft an Urban Forestry Management Plan City of Bellingham Regular City Council Meeting Page 2 of 8 11/21/2022 Minutes  (UFMP). The purpose of the UFMP is to create a strategic plan that helps maintain a healthy and desirable urban forest through well-coordinated, consistent, efficient, and sustainable long-term urban forest management. Phase 2 (Community Values) was completed in October 2022, focusing on learning about community values, goals, and objectives for our urban forest. Phase 3 (Plan Development) will include another opportunity for community feedback on the draft plan in spring 2023 before it is presented to City Council. Planning 1:45 PM Lisa Anderson, Chair Daniel Hammill, Edwin H. "Skip" Williams 23532 1. Exempt a Temporary Shelter from Compliance from State Building p. 171 Code Requirements Blake Lyon, Planning and Community Development Director provided a summary of the resolution. The YWCA of Bellingham is proposing to operate a temporary shelter at the existing First Presbyterian Church Building located at 1031 North Garden Street in Bellingham, Washington. The use of the subject facility for a temporary shelter is permitted and exempt from temporary shelter regulations per BMC 20.15.100.A.2 but the shelter is not in full compliance with all of the requirements of the building code for this use. However, RCW 19.27.042 authorizes the City to adopt a resolution to exempt state building code requirements for a building whose character of use or occupancy has been changed to provide housing for indigent persons. Lisa Anderson / Daniel Hammill moved final approval of Resolution #2022-21. MOTION CARRIED 7-0. Parks and Recreation 2:00 PM Edwin H. "Skip" Williams, Chair Hollie Huthman, Lisa Anderson 23533 1. Third Modification to Lease Agreement for Sportsplex Facility - p. 181 Contract #2004-0053 Nicole Oliver, Parks and Recreation Director, and Chester Lackey, President Whatcom Sports and Recreation (WSR), presented on a proposed one-year lease modification between the City and Whatcom Sports Recreation. The modification lays out terms that place a payment in lieu of rent into an account that is secured by City approval. This allows the funds to accumulate in the WSR’s name to aid in their ability to secure financing one year from now and purchase the building and lease the property. This lease modification documents all current and City of Bellingham Regular City Council Meeting Page 3 of 8 11/21/2022 Minutes  past financial debts and obligations of WSR to the City, and allows time for the Civic Complex study to be completed. Edwin H. "Skip" Williams / Lisa Anderson moved to recommend approval of the lease modification for the Sportsplex Facility Contract #2004-0053. MOTION CARRIED 7-0. 23534 2. Greenways Strategic Plan 2022-2026 p. 191 Peter Gill, Park Planning and Development Coordinator, provided a high-level update on the Greenways Strategic Plan. The Greenways Advisory Committee is charged with strategic oversight regarding the use of Greenways funds. The Committee has worked to update and extend the Greenways Strategic Plan and provide clarity regarding funding categories prescribed in Greenways Levy 4. The Parks and Recreation Department and Greenways Advisory Committee are seeking City Council adoption of the 2022-2026 Greenways Strategic Plan. The plan was presented for information and will be scheduled for a public hearing on December 12, 2022. Committee Of The Whole 2:45 PM Hannah Stone Chair Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Kristina Michele Martens 23535 1. Resolution in Support of Abortion Rights, in Opposition to the U.S. p. 230 Supreme Court Opinion in Dobbs v. Jackson Women's Health Organization, and Stating that it is City Policy that No City Employee Within the Scope of their Duties Interfere with the Rights of an Individual to Access Abortion Services On June 24, 2022 in the case of Dobbs v. Jackson, the United States Supreme Court abandoned longstanding precedents and overturned abortion rights grounded in Roe v. Wade as well as Planned Parenthood v. Casey. This Resolution Stands in Opposition to the Dobbs Decision and states that it is City policy that no City employee interfere with an individuals' right to obtain abortion or pregnancy services. Hannah Stone / Edwin H. "Skip" Williams moved final approval of Resolution #2022- 22. MOTION CARRIED 7-0. 23536 2. Discussion Regarding Resolution 2007-18 (Proposed Charter Review) p. 236 City of Bellingham Regular City Council Meeting Page 4 of 8 11/21/2022 Minutes  The Council reviewed and discussed Resolution #2007-18, which directs future Councils to review the City Charter every five years. 23391 3. Approval of City Council Meeting Minutes p. 248 Edwin H. "Skip" Williams / Lisa Anderson moved approval of the November 7, 2022 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 23537 4. Approval of Special Meeting Minutes - Council Retreat p. 268 Edwin H. "Skip" Williams / Lisa Anderson moved approval of the October 30, 2022 minutes of the City Council Retreat meeting as submitted. MOTION CARRIED 7-0. 23538 5. Approval of Special Meeting Minutes p. 270 Hollie Huthman / Edwin H. "Skip" Williams moved approval of the October 31, 2022 minutes of the Special City Council meeting as submitted. MOTION CARRIED 7-0. 6. Old/New Business No items for Old/New Business. Executive Session 3:30 PM 1. Potential Acquisition (Marriner, approx. 5 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 2. Potential Acquisition (Marriner, approx. 5 min) Staff provided information on the potential acquisition of a 20-acre parcel (Parcel # 380202439365) owned by Kent Thomas located in the East Bear Creek corridor between Northwest Drive and Aldrich Road. Daniel Hammill / Hollie Huthman moved to authorize the Mayor to close the real estate transaction described in the City’s purchase and sale agreement with Kent City of Bellingham Regular City Council Meeting Page 5 of 8 11/21/2022 Minutes  Thomas with the following terms: Purchase of the property for $357,500, with closing to occur on or before December 16, 2022. MOTION CARRIED 7-0. 3. Labor Relations – Discussion of Collective Bargaining Strategy (Monahan, approx. 10 min) Staff provided information on a labor relations matter. For information and discussion regarding bargaining authority. 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. 23539 1. Interlocal Agreement Between the City of Bellingham and Whatcom p. 273 County for Economic Development Investment Program Funding of the Meridian-Birchwood Roundabout Project 23540 2. Authorize the Mayor to Enter into an Inter-Agency Agreement with p. 284 the Department of Ecology for Grant Funding for the Padden Creek 24th - 30th Streets Restoration Project, Phase 2 23541 3. Authorize the Mayor to Enter into an Interlocal Agreement with p. 301 Whatcom County to Utilize Offender Work Crews to Perform Clean- up and Vegetation Management as Needed 23542 4. Authorization of A/P Transactions Issued November 04, 2022 through p. 312 November 10, 2022 23543 5. Authorization of A/P Transactions Issued October 27, 2022 through p. 313 November 04, 2022 Daniel Hammill / Michael Lilliquist moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 23510 1. An Ordinance of the City of Bellingham Amending the Bellingham p. 314 Comprehensive Plan to Rezone Area 1 of the Cordata Neighborhood to Modify the “Town Center” Designation in the Bellingham City of Bellingham Regular City Council Meeting Page 6 of 8 11/21/2022 Minutes  Municipal Code (BMC) as Governed by the Cordata Planned Unit Development (PUD) Amendment No. 2 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: Stone, Huthman, Hammill, Williams, Anderson, Lilliquist, Martens NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2022-11-026. 23321 2. An Ordinance of the City of Bellingham Amending the Bellingham p. 331 Comprehensive Plan to Rezone a Property Located at 2948 James St. in Area 1A of the Sunnyland Neighborhood from Residential, Single to Residential Multi, Planned (High Density) Hollie Huthman / Lisa Anderson 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: Williams, Huthman, Anderson, Stone, Lilliquist, Martens, Hammill NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2022-11-027. 23519 3. An Ordinance of the City of Bellingham, Washington Relating to p. 345 Public Electric Vehicle Charging Stations in Parking Facilities Owned or Controlled by the City of Bellingham, Adding a New Chapter 11.37 to the Bellingham Municipal Code Daniel Hammill / 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: AYES: Hammill, Martens, Lilliquist, Stone, Anderson, Huthman, Williams NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2022-11-028. City of Bellingham Regular City Council Meeting Page 7 of 8 11/21/2022 Minutes 23521 4. An Ordinance Amending the 2021-2022 Biennial Budget Increasing p. 350 Revenues and Expenditures and Authorizing an Interfund Loan of up to $1,500,000 from the General Fund to the Medic One Fund Lisa Anderson / 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: Huthman, Anderson, Martens, Stone, Williams, Hammill, Lilliquist NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2022-11-029. 23522 5. An Ordinance of the City of Bellingham, Washington Relating to the p. 357 Levying of Taxes and Establishing the Amount to be Raised in 2023 on the Assessed Valuation of the Property Within the City Edwin H. "Skip" Williams / 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, Martens, Stone, Hammill, Anderson, Huthman, Williams NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2022-11-030. Adjournment There being no further business, the meeting adjourned at 7:47pm. Hannah Stone, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 12/5/2022 City of Bellingham Regular City Council Meeting Page 8 of 8 11/21/2022 Minutes