City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes June 26, 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 7:00pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. The Council will hold a Public Hearing on Monday, July 10, 2023 at 7:00 PM regarding a resolution to submit to the voters a property tax levy to acquire, improve, develop and maintain greenways, open space, wildlife habitat and corridors, urban trees, parks, park facilities and trails (Greenways V). Roll Call Present: Council Member 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 Council Member Kristina Michele Martens, At Large Excused Council President Michael Lilliquist, Sixth Ward Public Hearing 23750 1. Public Hearing to Consider an Ordinance Amending the Old Town Overlay District p. 6 Development Regulations in Bellingham Municipal Code Sections 20.35.065, 20.35.070, and 20.35.075 Tara Sundin, Economic and Development Director, and Chris Koch, Planner II, introduced proposed amendments to the Old Town Overlay District development regulations found in Bellingham Municipal Code 20.35.065-.075 including, allowing additional interim light industrial uses, adjusting floor area bonuses and transfers between development sites, and eliminating parking requirements. Council Members discussed the amendments and asked questions. City of Bellingham Regular City Council Meeting Page 1 of 8 6/26/2023 Minutes  Council President Pro Tem Hammill opened the public hearing. Eight individuals provided testimony. Council President Pro Tem Hammill closed the public hearing. MOTION CARRIED 6-0. Hollie Huthman / Edwin H. "Skip" Williams moved to refer this agenda bill to the Committee of the Whole meeting for futher discussion. 23751 2. A Public Hearing to Consider a Development Agreement Regarding the p. 124 Redevelopment of Property Located in the Old Town Subarea, Consistent with the Old Town Urban Village Plan Tara Sundin, Economic and Development Director, and Curt O'Conner spoke to the Development Agreement with Old Town Village, LLC and Capron LLC who have purchased or have contracts to purchase several land parcels within the Old Town Subarea of Bellingham. Council Members discussed the agreement and asked questions. Council President Pro Tem Hammill opened the public hearing. Four individuals provided testimony. Council President Pro Tem Hammill closed the public hearing. MOTION CARRIED 6-0. Hollie Huthman / Lisa Anderson moved to refer this agenda bill to the Committee of the Whole meeting for futher discussion. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 23752 1. Mayor's Appointment to the Bellingham-Whatcom Public Facilities District p. 156 (Approval) Mayor Fleetwood appointed Loraine Boland to her first term on the Bellingham-Whatcom Public Facilities District that will expire on June 26, 2027, at which time she may be reappointed. Hollie Huthman / Lisa Anderson moved to recommend approval of Loraine Boland to the Bellingham-Whatcom Public Facilities District. MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 2 of 8 6/26/2023 Minutes  Mayor Fleetwood highlighted upcoming celebrations in the area including,  Independence Day celebration at Zuanich Point Park from 2pm-11pm with fireworks beginning at 10:30pm. The City of Bellingham does not allow consumer use of fireworks.  July 8th and 9th are Bellingham Pride events. Learn more at, Pride In Bellingham.  The City is sponsoring the All Hand Whatcom Opioid Summit on June 27th and 28th. More information can be found, All Hands Whatcom Opioid Summit — Chuckanut Health Foundation. Mayor Fleetwood shared that downtown Bellingham Police Department patrols have begun for the summer and Public Works recently completed a beautification project downtown, cleaning every street and sidewalk, including deep cleaning alleyways. Presentation 23753 1. Legislative Update from State Representatives Alex Ramel and Joe Timmons p. 159 State Representatives Alex Ramel, 40th Legislative District, and Joe Timmons, 42nd Legislative District, summarized activity from the 2023 State Legislative Session related to housing, behavioral health, drug possession (Blake fix), law enforcement training, education, taxation, transportation, and climate change. Council Members thanked the members for attending and asked questions. 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 1:00 PM Hannah Stone, Chair Lisa Anderson, Kristina Michele Martens 23754 1. Bid Award for Old City Hall Exterior Repairs Bid #44B-2023 p. 160 Mike Olinger, Assistant Director of Public Works, and Carol Rofkar, Superintendent of Communications, Facilities, and Fleet, introduced the bid award for Old City Hall. The Old City Hall repair project includes cleaning and repair of the existing brick and sandstone masonry, restoration and structural improvements of the cast iron columns, replacement of wood windows, and roof repairs. Bear Wood Windows was the responsible bidder who submitted the lowest responsive bid of $1,263,168.00 including any applicable Washington State Sales or Use Tax. Council Members discussed and asked questions. The committee delayed the vote on Bid #44B- 2023 until there is clarification about the vendor's participation in apprenticeship programs. City of Bellingham Regular City Council Meeting Page 3 of 8 6/26/2023 Minutes Parks and Recreation 1:10 PM Edwin H. "Skip" Williams, Chair Hollie Huthman, Lisa Anderson 23755 1. Resolution Designating July 2023 Parks and Recreation Month p. 165 Nicole Oliver, Parks Recreation Director introduced the resolution to celebrate July as Parks and Recreation Month. The U.S. House of Representatives designated July as Parks & Recreation Month and the City of Bellingham recognizes the environmental, economic, ecological, and educational value of our extraordinary Parks & Recreation system. Council Member Stone discussed an alternative of indefinitely establishing July as Parks and Recreation month. Edwin H. "Skip" Williams / Hollie Huthman moved final approval of Resolution #2023-11. MOTION CARRIED 6-0. 23756 2. Resolution Establishing Facility Reinvestment and Water Conservation Surcharge at p. 168 Lake Padden Golf Course Steve Janiszewski, Parks Operations Manager, and Mike Fosnick, Director of Operations at Troon/Premier Golf, introduced the resolution to set improvements for the Lake Padden Golf Course by raising rates on the Facility Reinvestment/Water Conservation fee by $4 per round to the current golf rate and $2 per round of disc golf. Edwin H. "Skip" Williams / Lisa Anderson moved final approval of Resolution #2023-12. MOTION CARRIED 5-1. Opposed: Hannah Stone 23757 3. Introduction of a Resolution to Submit to the Voters a Property Tax Levy to Acquire, p. 191 Improve, Develop and Maintain Greenways, Open Space, Wildlife Habitat and Corridors, Urban Trees, Parks, Park Facilities and Trails (Greenways V) Mayor Fleetwood, Nicole Oliver, Parks and Recreation Director, and Peter Gil, Park Planning and Development Coordinator, Neil Schaner, Greenways Advisory and Greenways V Levy Committees, introduced the resolution for the Greenways V levy. In 1990, Bellingham initiated a Greenway Program that levied additional property taxes to raise funds to “acquire, develop and maintain greenways, open space sites, parks, park facilities and trails.” Three subsequent levies were approved by voters in 1997, 2006 and 2016, and the proposed resolution is for a fifth levy to continue the program for another ten years at a levy rate of $.41/$1,000 of assessed value. By the end of 2023, the program will have brought in over $102 million, with 3,200 acres purchased, plus 2,400 acres of recreational trails on Galbraith Mountain, 87 trail miles and multiple park and trail development projects. Council Members discussed and asked questions. The Council discussed whether to host a public hearing on the Greenways V Levy. City of Bellingham Regular City Council Meeting Page 4 of 8 6/26/2023 Minutes  Edwin H. "Skip" Williams / Kristina Michele Martens moved to hold a public hearing at the Regular City Council meeting on July 10, 2023 on the Greenways V Levy. MOTION CARRIED 6-0. Committee Of The Whole 2:00 PM Michael Lilliquist Chair Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Kristina Michele Martens 23758 1. A Resolution Agreeing to a Schedule for Joint County and City Review of Urban p. 199 Growth Areas Chris Behee, Long Range Planning Manager, introduced the resolution to establish a draft schedule for coordination of the Urban Growth Areas review. The Growth Management Act (GMA) indicates that county and city comprehensive plans must be coordinated and consistent (RCW 36.70A.100). The GMA also requires that Whatcom County, in conjunction with the cities, complete the urban growth area (UGA) review by June 2025 (RCW 36.70A.130). Daniel Hammill / Hollie Huthman moved final approval of Resolution #2023-13. MOTION CARRIED 6-0. 23739 2. A Resolution Affirming the City of Bellingham Values with Regard to the Proposed p. 226 Ballot Measure for the Purpose of Providing Funds for Costs of Public Health, Safety and Justice Facilities and Services, Including Behavioral Health, Housing, Public Safety, and Criminal Justice Facilities and Programs Mayor Fleetwood spoke in support of a resolution affirming the City's values as they relate to the County's ongoing efforts to plan for and construct new correctional and behavioral health facilities, and to expand behavioral health services and related programs, and a letter addressed to the Whatcom County Council and Whatcom County Executive thanking them for improvements to the Justice Project Implementation Plan based upon the City's June 9, 2023 letter. Daniel Hammill / Lisa Anderson moved final approval of Resolution #2023-14. MOTION CARRIED 6-0. Daniel Hammill / Edwin H. "Skip" Williams moved to recommend approval of the letter to the Whatcom County Council and Whatcom County Executive from the City Council President Pro Tem and Mayor Fleetwood expressing gratitude for improvements to the Justice Project Implementation Plan. MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 5 of 8 6/26/2023 Minutes 23759 3. Presentation on Washington State's New Drug Laws p. 302 Ryan Anderson, City's Lead Prosecutor, presented on the Washington State Legislature's long-term replacement for the laws addressing drug possession and use (the “Blake” fix). Provisions of the new laws take effect July 1, 2023. The new laws make knowing possession and use of prohibited substances in a public place gross misdemeanors. Bellingham Municipal Court has jurisdiction over misdemeanor and gross misdemeanor offenses occurring within the City limits of Bellingham. In order to enforce and prosecute these offenses in Bellingham Municipal Court, the new laws must be adopted by reference into the Bellingham Municipal Code. The City must decide if violations of these laws will be enforced and processed in the City of Bellingham Municipal Court System. Mayor Fleetwood, Chief Mertzig, and the City Attorney’s Office recommend adopting by reference the relevant state drug laws which make knowing drug possession and use in public gross misdemeanor offenses and provides for both pre and post charging diversion options. Council requested the administration return for additional discussion of State Senate Bill 5536 at the next Committee of the Whole work session for consideration to adopt the state legislation and repeal BMC 10.08.110. 23770 4. Approval of the 6/5/2023 City Council Committee and Regular Meeting Minutes p. 315 Lisa Anderson / Hollie Huthman moved approval of the June 5, 2023 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0. 5. Old/New Business Council Member Stone sought feedback from the Council regarding community petitions including recognizing natural rights of orcas, supporting the Lummi Nation in opposing the marine terminal at the Port of Vancouver, and the reestablishment of longhouses along the Salish Sea. Council expressed support for outreach with the Lummi Nation as a first step in supporting future Council resolutions. 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. 23760 1. Authorization of A/P Transactions Issued May 26, 2023 through June 01, 2023 p. 329 23761 2. Authorization of A/P Transactions Issued June 01, 2023 through June 08, 2023 p. 330 23762 3. Authorization of A/P Transactions Issued June 09, 2023 through June 15, 2023 p. 331 23763 4. Authorization of Payroll Labor Cost Payments Dated May 1, 2023 to May 15, 2023 p. 332 23764 5. Authorization of Payroll Labor Cost Payments Dated May 16, 2023 to May 31, 2023 p. 333 City of Bellingham Regular City Council Meeting Page 6 of 8 6/26/2023 Minutes 23765 6. Inter-Agency Agreement to Provide Grant for Protection Order System Improvement p. 334 Planning 23766 7. An Inter-Agency Agreement with the Department of Ecology for Grant Funding to p. 355 Study and Define the Most Effective Operations and Maintenance Practices for Stormwater Facilities in the Lake Whatcom Watershed 23767 8. Interlocal Agreement with Whatcom Council of Governments p. 400 23768 9. An Inter-Agency Agreement with the Department of Ecology for Grant Funding for p. 409 Stormwater Water Quality Treatment Facilities in the Lake Whatcom Watershed 23769 10. An Inter-Agency Agreement with the Department of Ecology for Grant Funding for p. 459 Stormwater Water Quality Treatment Facilities in the Birchwood Neighborhood Hollie Huthman / Edwin H. "Skip" Williams moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0. Final Consideration of Ordinances 23732 1. An Ordinance Extending a Moratorium on Development Applications and Permits for p. 509 Multi-Family Zoned Properties in the Silver Beach Area for an Additional 6 Months to Allow the City to Review Development Options and Existing Regulations to Ensure they are Consistent with Adopted Goals and Policies 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: AYES: Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None) EXCUSED: Lilliquist MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-06-017. 23738 2. An Ordinance Amending the 2023-2024 Biennial Budget – Amendment No. 5 p. 516 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: Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None) EXCUSED: Lilliquist MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-06-018. City of Bellingham Regular City Council Meeting Page 7 of 8 6/26/2023 Minutes  MOTION CARRIED 6-0. Public Comment Period City Council heard public comment from five individuals. To access the recording, visit https://cob.org/gov/council/public-hearings- andpublic%20commentperiods/public-comment-period-recordings. Adjournment There being no further business, the meeting adjourned at 10:21pm. Daniel Hammill, Council President Pro Tem ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 7/10/2023 City of Bellingham Regular City Council Meeting Page 8 of 8 6/26/2023 Minutes