City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes July 24, 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 August 14, 2023, the Council will hold a public hearing to consider a comprehensive plan amendment to rezone Area 21 of the Puget Neighborhood and Area 1 of the Samish Neighborhood from Commercial, Auto to Commercial, Planned. Roll Call Present: Council President Michael Lilliquist, Sixth Ward 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 Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor. 23792 1. Mayor's Appointments to the Immigration Advisory Board (Approval) p. 6 Mayor Fleetwood appointed Gabriela Montenegro and Jian He to their first terms, which will expire on July 24, 2025, at which time they may be reappointed. Mayor Fleetwood appointed Imanat Kang and Daniel Cruz to partial terms expiring on June 23, 2024, at which time they may be reappointed. Hannah Stone / Edwin H. "Skip" Williams moved to recommend approval of Gabriela Montenegro, Jian He, Imanat Kang, and Daniel Cruz to the Immigration Advisory Board. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 1 of 8 7/24/2023 Minutes 23734 2. Mayor's Appointment of Colin Lowin to the Civil Service Commission (Approval) p. 20 Mayor Fleetwood appointed Colin Lowin to his first partial term, which will expire on January 1, 2025, at which time he may be reappointed. Lisa Anderson / Edwin H. "Skip" Williams moved to recommend approval of Colin Lowin to the Civil Service Commission. MOTION CARRIED 7-0. 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 23793 1. Bid Award for Parkview Safe Routes to School ES560, Bid #16B-2023 p. 23 Eric Johnston, Public Works Director, and Freeman Anthony, Project Engineer, presented on the Parkview Safe Routes to School Project. The project will add sidewalks on Coolidge, Indiana, Cornwall and Vallette Streets, roadway and intersection improvements along West Illinois and a new roundabout at Illinois Street and Sunset Drive, a flashing beacon crosswalk at Vallette Street, and a marked bicycle lanes on Illinois. There were no apprenticeship hours assigned by the Federal Highway Administration (FHWA), thereby precluding the requirements of BMC 4.94. Faber Construction submitted the lowest responsible bid of $3,418,938 including any applicable Washington State Sales or Use Tax. Hannah Stone / Lisa Anderson moved to award Bid No. 16B-2023 for Parkview Safe Routes to School to Faber Construction Corporation of Lynden, WA as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $3,418,938.00, which includes any applicable WSST. MOTION CARRIED 7-0. 23794 2. Sanitation and Solid Waste Progress Report p. 29 Eric Johnston, Public Works Director, Mike Olinger, Assistant Director of Public Works-Utilities Operations, and Sean O’Neill, Sanitation and Solid Waste Manager, provided a report on the sanitation and solid waste program. The City created the Sanitation and Solid Waste (SSW) group in the Public Works Department on February 28, 2022, to provide additional staff resources and funding to address growing sanitation and solid waste issues in the City. Council Members discussed and asked questions regarding the program, clean-up efforts, and future plans. City of Bellingham Regular City Council Meeting Page 2 of 8 7/24/2023 Minutes Committee Of The Whole 1:45 PM Michael Lilliquist Chair Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Kristina Michele Martens 23795 1. A Resolution Deferring Initiative No. 2023-01 which Concerns Raising the Minimum p. 46 Wage to the Voters On July 10, 2023 City Council voted to direct staff to draft a resolution requesting that the Whatcom County Auditor, as ex-officio supervisor of elections, submit Initiative No. 2023-01, Raise the Minimum Wage, to the qualified electors of the City of Bellingham for the November 7, 2023 election. James Erb, Deputy City Attorney, returned and presented a draft resolution and ordinance for Council's consideration. Council discussed the resolution, ordinance, and reviewed a list of individuals interested in serving on the pro and con statement committees. Council recommended the following names to the Whatcom County Auditor's Office for Initiative No. 2023-01, Pro Committee: Betsy Pernotto Seth Mangold Devan Fischer Con Committee: Guy Occhiogrosso Doug Engerman Michael Lilliquist / Edwin H. "Skip" Williams moved final approval of Resolution #2023-17 as amended during Committee of the Whole. MOTION CARRIED 7-0. 23796 2. A Resolution Deferring Initiative No. 2023-02 which Concerns the Adoption of an p. 55 Economic Displacement Assistance Mandate in Landlord-Tenant Relations to the Voters On July 10, 2023 City Council voted to direct staff to draft a resolution requesting that the Whatcom County Auditor, as ex-officio supervisor of elections, submit Initiative No. 2023-02, Economic Displacement Assistance, to the qualified electors of the City of Bellingham for the November 7, 2023 election. James Erb, Deputy City Attorney, returned and presented a draft resolution and ordinance for Council's consideration. Council discussed the resolution, identified one individual interested in serving on the con statement committee, and requested a review of the initiative process timeline. Council recommended the following name to the Whatcom County Auditor's Office for Initiative No. 2023-02, City of Bellingham Regular City Council Meeting Page 3 of 8 7/24/2023 Minutes  Con Committee: Perry Eskridge Michael Lilliquist / Lisa Anderson moved final approval of Resolution #2023-18 as amended during Committee of the Whole. MOTION CARRIED 7-0. 23797 3. A Resolution Appointing Community Members to Serve on the Committees For and p. 63 Against City of Bellingham Proposition No. 2023-01 - The Greenways 5 Levy James Erb, Deputy City Attorney, presented on the draft resolution appointing community members to serve on the Greenways 5 levy. City Council passed Resolution #2023-015 on July 10, 2023, requesting that the Whatcom County Auditor, as ex-officio supervisor of elections, call and conduct a special election on November 7, 2023, and submit to the qualified voters the Greenways 5 levy. Council opted not to adopt the resolution and instead reviewed and recommended a list of individuals interested in serving on the pro and con statement committees. Council recommended the following names to the Whatcom County Auditor's Office for Proposition No. 2023-01, Pro Committee: Neil Schaner Susan Pollard Jack Weiss Con Committee: Brad Jones 23798 4. A Resolution Affirming that Affordable Housing and Homelessness are a Public p. 66 Health Crisis On June 26, 2023, Council Member Martens circulated a draft resolution affirming that affordable housing and homelessness are a public health crisis. Council requested revisions to the resolution at the June 26, 2023 and July 10, 2023 meetings. Council Members discussed the current resolution draft. Michael Lilliquist / Edwin H. "Skip" Williams moved final approval of Resolution #2023-19 as amended during Committee of the Whole. MOTION CARRIED 7-0. 23799 5. An Ordinance of the City of Bellingham Amending Bellingham Municipal Code p. 72 Chapter 10.08 to Adopt by Reference the New State Laws Addressing the Possession and Public Use of Controlled Substances City of Bellingham Regular City Council Meeting Page 4 of 8 7/24/2023 Minutes  At its June 26, 2023 meeting, City Council directed staff to bring forward an ordinance adopting by reference the new state laws addressing the possession and use of controlled substances. Ryan Anderson, Lead Prosecutor, and Chief Mertzig, returned to discuss the draft ordinance adopting the new state laws making knowing possession and use of controlled substances in a public place gross misdemeanors. Council Members discussed the ordinance and asked questions. Michael Lilliquist / Lisa Anderson moved for first and second reading. MOTION CARRIED 7-0. 23800 6. An Ordinance Relating to Land Use Planning, Amending Bellingham Municipal Code p. 78 (BMC) Titles 20 and 21 Regarding Accessory Dwelling Units (ADUs) The City Council held a public hearing on a draft ordinance amending the development regulations for accessory dwelling units (ADUs) on January 23, 2023. The Council referred the ordinance to the Planning Committee, which held work sessions on February 13, 2023 and March 13, 2023. The Committee of the Whole then held a work session to consider the ordinance on April 24, 2023, during which Council directed staff to amend the ordinance to incorporate the regulations in Engrossed House Bill 1337. Blake Lyon, Planning and Community Development Director, Chris Koch, Planner II, returned to discuss the amended ordinance. Michael Lilliquist / Lisa Anderson moved for first and second reading as amended during Committee of the Whole. MOTION CARRIED 6-1. Opposed: Daniel Hammill 23801 7. A Work Session to Discuss Additional Tenant Protection Measures p. 130 On February 27, 2023, pursuant to a request from City Council, staff provided an initial list of tenant protection measures that are being utilized elsewhere in the states of Washington and California to help provide some stability to the existing rental market. Council provided further direction to conduct additional public outreach and analyze a broader range of potential tenant protection measures. Blake Lyon, Planning and Community Development Director, returned to seek Council’s feedback on action measures. Council Members discussed and shared their priorities. 23802 8. Approval of the 7/10/2023 City Council Committee and Regular Meeting Minutes p. 142 Edwin H. "Skip" Williams / Lisa Anderson moved approval of the July 10, 2023 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 5 of 8 7/24/2023 Minutes  9. Old/New Business Mayor Fleetwood proposed a future ordinance related to safe parking zones for Council's consideration. Council was supportive of learning more about the ordinance. Council Member Hammill requested a future presentation on current City-owned surplus property. Executive Session 3:30 PM Closed to the public. Report in the Regular Meeting only: 2. 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. 3. 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. 4. Potential Property Acquisition (Stamps, approx 3 min) Staff provided information on a potential Lake Whatcom Watershed property acquisition totaling 0.65 acres with one development unit. Daniel Hammill / Lisa Anderson 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, Dennis and Lori Ressler, with a purchase price of $78,000 and with closing to occur on or around August 18, 2023. MOTION CARRIED 7-0. 5. Potential Property Acquisition (Stamps, approx 3 min) Staff provided information on a potential Lake Whatcom Watershed property acquisition totaling 1.29 acres with two development units. Edwin H. "Skip" Williams / Lisa Anderson 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, Curtis Boyer, with a purchase price of $160,000 and with closing to occur on or around August 18, 2023. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 6 of 8 7/24/2023 Minutes 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. 23803 1. Authorization of Payroll Labor Cost Payments Dated June 16, 2023 to June 30, 2023 p. 160 23804 2. Authorization of A/P Transactions Issued June 30, 2023 through July 06, 2023 p. 161 23805 3. Authorization of A/P Transactions Issued July 07, 2023 through July 13, 2023 p. 162 23806 4. 2024 South Correctional Entity (SCORE) for Correctional Facility Usage, if Needed p. 163 23807 5. Inter-Agency Agreement with the Washington State Department of Ecology for p. 182 Funding and Support for the City's Pollution Prevention Assistance Program 23808 6. Interlocal Agreement Between Whatcom County and the City of Bellingham for p. 207 Aquatic Invasive Species Focused Patrols on Lake Whatcom and Lake Samish Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 23778 1. An Ordinance Creating a New Fund to Account for the Construction of the What- p. 213 Comm Emergency 911 Facility and Amending the 2023-2024 Biennial Budget – Amendment No. 6 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: Lilliquist, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-07-019. 23779 2. An Ordinance Relating to Land Use Planning, Amending Chapter 20.35, Article II of p. 216 the Bellingham Municipal Code (BMC) Regarding the Old Town Overlay District Edwin H. "Skip" Williams / 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: Lilliquist, Stone, Huthman, Hammill, Williams NAYS: Anderson, Martens EXCUSED: (None) City of Bellingham Regular City Council Meeting Page 7 of 8 7/24/2023 Minutes  MOTION CARRIED 5-2 and was thereafter named Ordinance #2023-07-020. Public Comment Period City Council heard public comment from 17 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 8:27pm. Michael Lilliquist, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 8/7/2023 City of Bellingham Regular City Council Meeting Page 8 of 8 7/24/2023 Minutes