City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes September 25, 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 October 16, 2023, the City Council will hold a Public Hearing to consider a Comprehensive Plan Amendment to the 2020 Parks, Recreation, and Open Space Plan. More information will be available at cob.org/meetings five days prior to the meeting. 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 Public Hearing 23855 1. A Public Hearing to Consider a Resolution of the City of Bellingham Supporting the p. 7 Greenways 5 Levy and Encouraging the Qualified Electors of the City of Bellingham to Vote Yes on Proposition 2023-02 President Lilliquist introduced the resolution supporting the Greenways 5 Levy and encouraging the qualified electors of the City of Bellingham to vote yes on Proposition 2023-02. President Lilliquist opened the Public Hearing. Three individuals provided testimony. President Lilliquist closed the Public Hearing. Council Members discussed the Greenways 5 Levy Resolution. City of Bellingham Regular City Council Meeting Page 1 of 10 9/25/2023 Minutes  Daniel Hammill / Hollie Huthman moved final approval of Resolution #2023-21. MOTION CARRIED 7-0. 23856 2. A Public Hearing to Consider a Resolution Supporting Whatcom County’s Public p. 12 Health, Safety, and Justice Sales and Use Tax Proposition 2023-04 and Encouraging the Qualified Electors of the City of Bellingham to Vote Yes on Proposition 2023-04 President Lilliquist introduced the draft resolution supporting Whatcom County’s Public Health, Safety, and Justice Sales and Use Tax Proposition 2023-04 and encouraging the qualified electors of the City of Bellingham to Vote yes on Proposition 2023-04. President Lilliquist opened the Public Hearing. Five individuals provided testimony. President Lilliquist closed the Public Hearing. Council Members discussed the Public Health, Safety, and Justice Proposition 2023-04. Daniel Hammill / Edwin H. "Skip" Williams moved final approval of Resolution #2023-22. MOTION CARRIED 6-1. Opposed: Kristina Michele Martens 23857 3. A Public Hearing to Consider a Comprehensive Plan Amendment to Rezone Two p. 18 Properties Located at 4160 Cougar Rd. in Area 6 of the King Mountain Neighborhood from Residential, Single to Public, School Blake Lyon, Planning and Community Development Director, Chris Behee, Long Range Planning Manager, and Elizabeth Erickson, Senior Planner, presented an overview of the comprehensive plan amendment. Representatives from the Bellingham School District, Jessica Sanky, and Consultant, Laura Brent, spoke in support of the amendment. The Bellingham School District submitted a request to rezone two properties from a Residential designation to a Public zoning designation. The subject parcels are located at 4160 Cougar Rd. in the King Mountain Neighborhood and are intended to be utilized as the site for the District's 15th elementary school. President Lilliquist opened the Public Hearing. No individuals provided testimony. President Lilliquist closed the Public Hearing. City of Bellingham Regular City Council Meeting Page 2 of 10 9/25/2023 Minutes  Lisa Anderson / Hannah Stone moved for first and second reading to approve the comprehensive plan amendment to rezone two properties located at 4160 Cougar Rd in Area 6 of the King Mountain Neighborhood from residential, single to public, school, and to include the Planning Commission's recommendation to change the zoning table prerequisite consideration from "Improvement of E. Bakerview Rd to full primary arterial street standard" to "Improvement of E. Bakerview Rd to 3/4 arterial street standard." MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor. 23858 1. Mayor's Reappointment to the Greenways Advisory Committee (Approval) p. 110 Mayor Fleetwood reappointed David Stalheim to his final term on the Greenways Advisory Committee, which will expire on September 28, 2026. Lisa Anderson / Edwin H. "Skip" Williams moved to recommend approval of David Stalheim to his final term on the Greenways Advisory Committee. MOTION CARRIED 7-0. Mayor Fleetwood is receiving community noise complaints about the metal shredding occurring at the Port by ABC Recycling. Staff will present at the next meeting a review of the municipal code related to noise and seek direction from Council regarding potential amendments to the City’s noise ordinance. Mayor Fleetwood shared that he will be reconvening a workgroup to discuss how to address the encampment behind Walmart. Mayor Fleetwood highlighted that the City is celebrating its 5th Climate Action Week from September 22-30. You can learn more online. 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 10:00 AM Hannah Stone, Chair Lisa Anderson, Kristina Michele Martens 23859 1. Report from the September 6, 2023 Lake Whatcom Policy Group Meeting p. 112 Council Member Stone provided an update from the September 6, 2023 Lake Whatcom Policy Group. The Lake Whatcom Policy Group consists of representatives from the Lake Whatcom Water City of Bellingham Regular City Council Meeting Page 3 of 10 9/25/2023 Minutes  and Sewer District, the Whatcom County Council, the Sudden Valley Community Association, and the Bellingham City Council. Council Member Stone reviewed the discussion and decisions at the meeting (see meeting minutes included in the packet). 23860 2. Lake Whatcom Water Level Dashboard p. 119 Eric Johnston, Public Works Director, Caleb Barber, Asset Manager, Tyler Pouley, Systems Manager, and Nickolas Leininger, Chief Operator Water, provided an overview of the interactive Lake Whatcom water level dashboard. The dashboard was created in an effort to improve transparency about the water levels and operations of the dam on Whatcom Creek. The dashboard is available online. 23861 3. Fiber Network Update p. 120 Eric Johnston, Public Works Director, and John Gaven, Fiber Optic Network Engineer, provided a summary of plans to develop a comprehensive capital and operations plan for the City's fiber network. The City owns and manages a fiber optic network that serves utility systems, traffic control equipment, cameras, City IT network infrastructure and network access to other public agencies including Whatcom Transit Authority, Washington State Department of Transportation, Bellingham School District, and Western Washington University. In May 2023, the City Council adopted the recommendations of the Broadband Advisory Workgroup via Resolution #2023-05. Planning 1:00 PM Lisa Anderson, Chair Daniel Hammill, Edwin H. "Skip" Williams 23862 1. A Resolution of the City of Bellingham Endorsing the Buildable Lands Report p. 130 Blake Lyon, Planning and Community Development Director, and Chris Behee, Long Range Planning Manager, presented on the draft resolution for the Buildable Lands Report. The Buildable Lands Report evaluates growth accommodated by Whatcom County and each city therein from 2016 to 2021, which is the first five years of the 20-year timeframe covered by the 2016 Comprehensive Plan. The results of this report will inform the next periodic update to the Comprehensive Plan in 2025, planning for growth through 2045. The Buildable Lands Report was adopted by the Whatcom County Council on March 21, 2023. Lisa Anderson / Edwin H. "Skip" Williams moved final approval of Resolution #2023-23. MOTION CARRIED 7-0. Public Health, Safety, Justice, and Equity Committee 1:30 PM Daniel Hammill, Chair Hollie Huthman, Edwin H. "Skip" Williams 23863 1. Interlocal Agreement for Training of Lateral Paramedics p. 288 City of Bellingham Regular City Council Meeting Page 4 of 10 9/25/2023 Minutes  Fire Chief Bill Hewett presented an interlocal agreement for training of lateral paramedics. The Fire Department has engaged in training lateral-entry firefighter/paramedics to provide paramedic services in Whatcom County. The updated ILA provides an additional $66,916.00 to the Medic One Fund, from the Whatcom County EMS Levy and expands from the previous contract, C2101241. Daniel Hammill / Edwin H. "Skip" Williams moved to recommend approval of the interlocal agreement to receive $66,916 from the Whatcom County EMS levy for training costs of lateral paramedics. MOTION CARRIED 7-0. Community and Economic Development 1:50 PM Hollie Huthman, Chair Hannah Stone, Kristina Michele Martens 23864 1. Discussion of Housing Cost Burden for Low-Income Renters p. 296 Blake Lyon, Planning and Community Development Director, Tara Sundin, Community and Economic Development Manager, and Samya Lutz, Housing & Services Program Manager, presented to Council on the housing cost burden on low-income renters. Council Members discussed the presentation and asked questions. Hollie Huthman / Edwin H. "Skip" Williams moved to approve staff's recommendations, which were as follows: 1) to modify the City’s Housing Development Guideline and Procedure Handbook to incorporate disclosure at time of tenant application and lease requirements; 2) to continue researching the feasibility of administering a Homeshare Program internally and return to the City Council with a final recommendation; and 3) to add $275,564 to the Eviction Prevention Program administered by the Opportunity Council to provide additional rental assistance resources. Additionally, staff should advocate for a total of $384,000 to the Eviction Prevention Program. MOTION CARRIED 6-0. Abstained: Hannah Stone Committee Of The Whole 2:30 PM Michael Lilliquist Chair Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Kristina Michele Martens 23865 1. Adoption of a Resolution Amending the Fees for Accessory Dwelling Units, Infill p. 305 Housing Applications, and Street Vacation Requests Blake Lyon, Planning and Community Development Director, and Kurt Nabbefeld, Planning Development Services Manager, presented on the draft resolution revising application fees for Accessory Dwelling Unit (ADU), Infill Housing, and Street Vacation requests. The resolution will better align fees after processes were streamlined through recently passed ADU Ordinance #2023- City of Bellingham Regular City Council Meeting Page 5 of 10 9/25/2023 Minutes  08-022, Infill Housing Ordinance #2022-01-002, and Street Vacation Ordinance #2023-09-029. Council Members discussed the resolution and asked questions. Michael Lilliquist / Hollie Huthman moved final approval of Resolution #2023-24. MOTION CARRIED 7-0. 23866 2. Proposed Staffing Changes in the City Council Office p. 312 President Lilliquist reviewed a proposal to increasing staffing in the City Council Office. During committee, Council voted to accept the budget modification request and anticipates consideration of a future budget ordinance amendment. 23867 3. Urban Forestry Management Plan - Phase 3, Status Update p. 317 Eric Johnston, Public Work Director, Renee LaCroix, Assistant Director Natural Resources, and Analiese Burns, Habitat & Restoration Manager, provided an overview of the Urban Forestry Management Plan (UFMP). The UFMP serves as a strategic plan that helps maintain a healthy and desirable urban forest through well-coordinated, consistent, efficient, and sustainable long-term urban forest management. During committee, Council voted to request a cost analysis on a community mailer regarding the right-of-way trees and processes, and current fines. 23868 4. Approval of the 9/11/2023 City Council Committee and Regular Meeting Minutes p. 358 Edwin H. "Skip" Williams / Hollie Huthman moved approval of the September 11, 2023 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 5. Old/New Business Council Member Anderson highlighted community noise complaints regarding the Port. Is it possible for SeeClickFix to be utilized as a reporting tool as an alternative for calling 911? The public can anticipate an alternative reporting mechanism and Council will receive an update by the end of the week. Council Member Stone shared photos and provided a recap of a recent visit from a Sister Cities liaison delegation from Cheongju, South Korea. Council Member Stone expressed gratitude to staff for installing new office signs for the public. Council Member Stone requested more planning at the City level about policy/procedures on how to respond to gun possession and violence after adoption of the state firearm regulations by Council. City of Bellingham Regular City Council Meeting Page 6 of 10 9/25/2023 Minutes  Hannah Stone / Lisa Anderson moved to direct the City Council Policy Analyst to work with Council Member Stone on next steps regarding firearm safety enforcement after adoption of the state firearms regulations by Council. MOTION CARRIED 7-0. Executive Session 3:45 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Stamps, aprox 3 min) Staff provided information on a potential Lake Whatcom Watershed property acquisition totaling 0.12 acres with one potential development unit. Daniel Hammill / Edwin H. "Skip" Williams 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, Judy Walston, with a purchase price of $55,000 and with closing to occur on or around October 24, 2023. MOTION CARRIED 7-0. 2. Potential Property Acquisition (Stamps, aprox 3 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 3. Potential Property Acquisition (Stamps, aprox 5 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 4. Potential Property Acquisition (Stamps, aprox 5 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 5. Potential Property Acquisition (Marriner, aprox 5 min) This item was removed from the agenda. 6. Potential Property Acquisition (Marriner, aprox 5 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. City of Bellingham Regular City Council Meeting Page 7 of 10 9/25/2023 Minutes  7. Potential Property Acquisition (Marriner, aprox 15 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 8. Potential Litigation (Erb, aprox 15 min) Staff provided information on a potential litigation matter. For information and discussion. 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. 23869 1. Granting an Easement at Bloedel Donovan Park to Puget Sound Energy p. 378 23870 2. Interpreter Reimbursement p. 394 23871 3. What-Comm 911 Interlocal Agreement with Whatcom County Health and p. 407 Community Services 23872 4. Interlocal Agreement Between the City of Bellingham and Whatcom County for p. 419 Construction of the Samish Way and Galbraith Lane Crosswalk 23873 5. Authorization of Payroll Labor Cost Payments Dated August 16, 2023 to August 31, p. 429 2023 23874 6. Authorization of A/P Transactions Issued September 01, 2023 through September 08, p. 430 2023 23875 7. Authorization of A/P Transactions Issued September 09, 2023 through September 14, p. 431 2023 Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 23843 1. An Ordinance Amending the Cornwall Park Neighborhood Area 7 Institutional p. 432 Master Plan 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 City of Bellingham Regular City Council Meeting Page 8 of 10 9/25/2023 Minutes  NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-09-026. 23837 2. An Ordinance Amending the 2023-2024 Biennial Budget - Amendment No. 8 p. 481 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: Lilliquist, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None) EXCUSED: (None) MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-09-027. Abstained: Hannah Stone 23839 3. An Ordinance Adopting State Firearm Regulations by Reference, Prohibiting the p. 484 Possession of Firearms at City Operated Stadiums and Convention Centers, and Prohibiting the Possession of Firearms at City Hall 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 #2023-09-028. 23840 4. An Ordinance Repealing the City's Street Vacation Policies and Procedures in BMC p. 488 Chapter 13.48, Adopting New City Street Vacation Policies and Procedures in BMC Chapter 13.50, and Amending BMC 1.26.050 to Reflect that the City Council's Decision on a Street Vacation is a Legislative Matter 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, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-09-029. Public Comment Period City of Bellingham Regular City Council Meeting Page 9 of 10 9/25/2023 Minutes  City Council heard public comment from 10 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 10:14pm. Michael Lilliquist, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 10/16/2023 City of Bellingham Regular City Council Meeting Page 10 of 10 9/25/2023 Minutes