City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes June 5, 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 June 26, 2023, the City Council will hold a Public Hearing to consider proposed amendments to the Old Town Overlay District development regulations found in Bellingham Municipal Code 20.35.055-.085. 2. On June 26, 2023, the City Council will hold a Public Hearing to consider a development agreement between Old Town Village, LLC and Capron, LLC, and the City of Bellingham regarding the redevelopment of property located in the Old Town Subarea. Roll Call Present: Council Member Hannah Stone, First Ward Council President Michael Lilliquist, Sixth Ward Council Member Hollie Huthman, Second Ward Council Member Daniel Hammill, Third Ward Council Member Lisa Anderson, Fifth Ward Council Member Kristina Michele Martens, At Large Excused: Council Member Edwin H. "Skip" Williams, Fourth Ward Public Hearing 23732 1. Public Hearing Regarding the Extension of the Emergency Moratorium on the p. 6 Acceptance of Development Applications within the RM Zones in the Silver Beach Neighborhood for an Additional Six Months Alan Marriner, City Attorney, introduced the requested extension of the emergency ordinance. On July 11, 2022, the City Council adopted an emergency ordinance that imposed a 12-month moratorium on the acceptance or processing of applications to redevelop existing or develop new residential multi-family housing in the Silver Beach neighborhood to allow City staff to determine if the multi-family densities in the Silver Beach neighborhood are consistent with existing City policies City of Bellingham Regular City Council Meeting Page 1 of 8 6/5/2023 Minutes  for protection of Lake Whatcom water quality. City staff need additional time to continue their review and requesting an extension of the moratorium for an additional six months. President Lilliquist opened the public hearing. 13 individuals provided testimony. President Lilliquist closed the public hearing. Daniel Hammill / Lisa Anderson moved for first reading an ordinance to extend the emergency moratorium on the acceptance of development applications within the residential multi-family zones in the Silver Beach neighborhood until January 11, 2024. MOTION CARRIED 6-0. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. 23733 1. Mayor's Reappointment to the Historic Preservation Commission (Approval) p. 15 Mayor Fleetwood reappointed Alexandra Costic to her second term on the Historic Preservation Commission, which will expire on June 30, 2026, at which time she may be reappointed. Daniel Hammill / Lisa Anderson moved to recommend approval of Alexandra Costic to her second term on the Historic Preservation Commission. MOTION CARRIED 6-0. 23734 2. Mayor's Appointment of Colin Lowin to the Civil Service Commission (Approval) p. 18 Mayor Fleetwood will return to Council for approval of Colin Lowin to the Civil Service Commission at a later date. 23735 3. Mayor's Appointments to the Mayor's Neighborhood Advisory Commission p. 21 (Information) Mayor Fleetwood appointed the following individuals to the Neighborhood Advisory Commissions,  Kerri Burnside as the Silver Beach Neighborhood Primary Representative to her first term, which will expire on May 23, 2025, at which time she may be reappointed.  April Markiewicz as the Samish Neighborhood Primary Representative to her first partial term, which will expire on November 10, 2024, at which time she may be reappointed. 23736 4. Mayor's Appointments to the Bellingham Housing Authorities Board of p. 26 Commissioners (Information) City of Bellingham Regular City Council Meeting Page 2 of 8 6/5/2023 Minutes  Mayor Fleetwood appointed the following individuals to the Bellingham Housing Authorities Board of Commissioners,  Alana Pattermann to her first partial term, which will expire on April 30, 2025, at which time she may be reappointed.  Terry Bornemann to his first partial term, which will expire on April 30, 2028, at which time he may be reappointed. There will be corresponding appointments by the Whatcom County Executive to the Whatcom County Housing Authority Board of Commissioners. Mayor Fleetwood shared that several Bellingham Pride Events will be held in June and July. You can learn more at https://prideinbellingham.org/. Mayor Fleetwood in connection with the Downtown Solutions Workgroup, will be announcing additional actions, but one is the expansion of downtown Bellingham Police Department patrols this summer. Mayor Fleetwood and Council thanked Deputy Administrator Brian Heinrich for his years of service to the City of Bellingham and wished him the best in his new role with Puget Sound Energy. Regular Meeting and Committee Sessions The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Committee Of The Whole 1:00 PM Michael Lilliquist Chair Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Kristina Michele Martens 23737 1. Community Crosswalk Pilot and Program Development p. 35 Eric Johnston, Public Works Director, welcomed Joel Pfundt, the new Public Works Assistant Director of Transportation, to the City. The City currently allows neighborhood associations to paint murals at intersections on low volume residential streets following a review by the Arts Commission. Mayor Fleetwood requested staff to consider expanding use of this practice, including applications to crosswalks. Staff are recommending a pilot installation at a crosswalk on Cornwall in June 2023. The resolution also requests the Transportation Commission to recommend a policy related to future installations of crosswalk art and intersection murals. Alan Marriner, City Attorney, and James Erb, Deputy City Attorney, advised on the topic of government speech compared to first amendment speech and the possibility of other groups requesting similar art installations. Council Members discussed and asked questions. City of Bellingham Regular City Council Meeting Page 3 of 8 6/5/2023 Minutes  Michael Lilliquist / Lisa Anderson moved final approval of Resolution #2023-09. MOTION CARRIED 6-0. 23739 2. Justice Project Ballot Measure and Resolution of Values p. 41 During the committee meeting, Council discussed and revised a draft resolution and will revisit the resolution at the June 26, 2023 meeting. Council reviewed and discussed a draft letter to Whatcom County Council regarding the Justice Project Implementation Plan. Council President Lilliquist and Councilmember Hammill agreed to finalize and submit the letter by June 11th. 23738 3. An Ordinance Amending the 2023-2024 Biennial Budget – Amendment No. 5 p. 104 Forrest Longman, Deputy Finance Director, introduced the ordinance, which amends the 2023- 2024 Biennial Budget by adding an accountant position in the Finance Department and recognizing revenues and expenditures related to a grant for the Old City Hall Building Envelope project. Michael Lilliquist / Hollie Huthman moved for first and second reading. MOTION CARRIED 6-0. 23740 4. Adoption of the 2024-2029 Transportation Improvement Program (TIP) p. 109 On May 22, Council held a public hearing on the 2024-2029 Transportation Improvement Program (TIP). Eric Johnston, Public Works Director, and Chad Schulhauser, Assistant Public Works Director, returned to address Council questions from the public hearing. The draft TIP resolution includes projects to repair and resurface roadways, construct new bicycle and pedestrian facilities, replace bridges, ameliorate operations at intersections, facilitate movement of freight, enhance transit use, and implement strategies identified in the Climate Action Plan. Council Members discussed and asked questions. Michael Lilliquist / Lisa Anderson moved final approval of Resolution #2023-10. MOTION CARRIED 6-0. 23741 5. Washington State 2023 Legislative Session Housing Recap p. 150 Blake Lyon, Director of Planning and Community Development, provided an overview of the recent 2023 Washington State legislative session and impacts on the Bellingham community. Council Members discussed and asked questions. The Department will return to Council for future discussion on Accessory Dwelling Units and impacts of the state laws. 23748 6. Approval of 5/22/2023 City Council Committee and Regular Meeting Minutes p. 153 City of Bellingham Regular City Council Meeting Page 4 of 8 6/5/2023 Minutes  Kristina Michele Martens / Daniel Hammill moved approval of the May 22, 2023 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0. Old/New Business Council Member Stone requested if staff could identify City property purchases from Executive Session that are located in the watershed. Executive Session 3:00 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Litigation and Litigation (Kraham, approx 15 min) Staff provided information on a litigation matter. Lisa Anderson / Daniel Hammill moved to authorize the Mayor to sign a letter in support of the City of Berkeley’s Petition for Rehearing En Banc in CRA vs. City of Berkeley in the event several cities in Washington and Oregon decide to file such a letter with the 9th Circuit. MOTION CARRIED 6-0. 2. Potential Property Acquisition (Marriner, approx 5 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 3. Schreib v. State of Washington et al. (Good, approx 5 min) Staff provided information on resolving a litigation matter. Daniel Hammill / Lisa Anderson moved to authorize the Mayor to enter into a settlement agreement with Rodney Schreib with the following terms: Dismissal of the lawsuit filed in Skagit Superior Court for the payment of $100,000 to GLP P.S. Inc., his attorneys. MOTION CARRIED 6-0. 4. Labor Relations: Review Contract Proposal for What-Comm Dispatchers Guild (Monahan, approx 5 min) Review Contract Proposal and Ratification of What-Comm Dispatchers Guild Bargaining Agreement regarding wages, insurance and work schedule. Daniel Hammill / Lisa Anderson moved to ratify the agreement reached with the following general terms: City of Bellingham Regular City Council Meeting Page 5 of 8 6/5/2023 Minutes  Duration: January 1, 2023 through December 31, 2024. Wages and Compensation: • Effective January 1, 2023: 4% COLA and 3% market adjustment • Effective January 1, 2024: 3% COLA and a 1% market adjustment Medical Insurance: • For 2023, maintain current language to increase the City’s contribution to Medical Health Care by 5% • For 2024, increase the City’s contribution to Medical Heath Care by 6%Medical Insurance: MOTION CARRIED 6-0. 5. Potential Property Acquisition (Potter, approx 5 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 6. Potential Property Acquisition (Potter, approx 5 min) Staff provided information on a potential property acquisition. Lisa Anderson / Hollie Huthman moved to authorize the Mayor to execute a purchase and sale agreement and close a real estate transaction to acquire an approximately .23-acre property located adjacent to park property on Wilkin Street for $10,000. MOTION CARRIED 6-0. 7. Potential Property Acquisition (Stamps, approx 5 min) Staff provided information on a potential property acquisition of two watershed parcels totaling 10.2 acres with twenty-six 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 owners, SV-II LLC & SV-III LLC, with a purchase price of $640,000 and with closing to occur on or around June 23, 2023. MOTION CARRIED 6-0. 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. 23742 1. Authorization of Payroll Labor Cost Payments Dated April 15, 2023 to April 30, 2023 p. 166 City of Bellingham Regular City Council Meeting Page 6 of 8 6/5/2023 Minutes 23743 2. Authorization of A/P Transactions Issued May 12, 2023 through May 18, 2023 p. 167 23744 3. Authorization of A/P Transactions Issued May 19, 2023 through May 25, 2023 p. 168 23745 4. Department of Ecology Inter-Agency Agreement for Post Point Grant Funding p. 169 23746 5. Sale of Two Police Motorcycles to Pierce County p. 194 23747 6. Interagency Reimbursement Agreement Between the Washington State p. 201 Administrative Office of the Courts and Bellingham Municipal Court 23749 7. Interlocal Agreement with Whatcom Conservation District for Wildfire Risk p. 207 Reduction Education Daniel Hammill / Kristina Michele Martens moved approval of the Consent Agenda in its entirety with a correction to item #6, increasing the City reimbursement from $311, 745.00 to $360,967.00. MOTION CARRIED 6-0. Final Consideration of Ordinances 23710 1. An Ordinance of the City of Bellingham, Washington Establishing a Water Resources p. 215 Advisory Board; Adding a New Chapter 2.91 to the Bellingham Municipal Code 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, Lilliquist, Huthman, Hammill, Anderson, Martens NAYS: (None) EXCUSED: Williams MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-06-014. 23709 2. An Ordinance of the City of Bellingham, Washington Dissolving the Watershed p. 220 Advisory Board, Repealing Bellingham Municipal Code Chapter 2.90 Lisa Anderson / Daniel Hammill 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, Lilliquist, Huthman, Hammill, Anderson, Martens NAYS: (None) EXCUSED: Williams MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-06-015. City of Bellingham Regular City Council Meeting Page 7 of 8 6/5/2023 Minutes 23722 3. An Ordinance Amending the 2023-2024 Biennial Budget - Amendment No. 4 p. 224 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: Stone, Lilliquist, Huthman, Hammill, Anderson, Martens NAYS: (None) EXCUSED: Williams MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-06-016. Council Member Stone inquired about a second reading for the Emergency Moratorium ordinance. Hannah Stone / Lisa Anderson moved to conduct a second reading of the ordinance to extend the emergency moratorium on the acceptance of development applications within the residential multi-family zones in the Silver Beach neighborhood until January 11, 2024. MOTION CARRIED 6-0. Public Comment Period City Council heard public comment from nine individuals. To access the recording, visit https://cob.org/gov/council/public-hearings-and- public%20commentperiods/public-comment-period-recordings. Adjournment There being no further business, the meeting adjourned at 9:20pm. Michael Lilliquist, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 6/26/2023 City of Bellingham Regular City Council Meeting Page 8 of 8 6/5/2023 Minutes