City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes November 20, 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. Roll Call Present: Council President Michael Lilliquist, Sixth Ward Council Member Hannah Stone, First Ward Council Member Hollie Huthman, Second Ward Council Member Edwin H. "Skip" Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward Council Member Kristina Michele Martens, At Large Excused Council Member Daniel Hammill, Third Ward Public Hearing 23922 1. Second Public Hearing on the 2023-2024 Mid-Biennial Budget Adjustment p. 6 Andy Asbjornsen, Finance Director, and Forrest Longman, Deputy Finance Director, provided an overview of the 2023-2024 Biennial Budget Adjustment, which changes revenues, expenses and positions throughout the City budget. President Lilliquist opened the Public Hearing. Two individuals provided testimony. President Lilliquist closed the Public Hearing. 23923 2. Public Hearing Regarding the Extension of the Moratorium on the Acceptance of p. 15 Development Applications within the RM Zones in the Silver Beach Neighborhood for an Additional Six Months On June 5, 2023, the City Council extended a moratorium on the acceptance or processing of applications to redevelop existing or develop new residential multi-family (RM) housing within the City of Bellingham Regular City Council Meeting Page 1 of 10 11/20/2023 Minutes  four RM zones in the Silver Beach neighborhood for six months. City staff need additional time to continue work and requested that Council extend the moratorium for an additional six months. Alan Marriner, City Attorney, stated that the moratorium will expire on January 10, 2024 if Council chooses not to approve the extension. He described an amendment proposed by an interested party and added that at this time, staff do not recommend adopting the change. Steve Sundin, Senior Planner, presented on the existing densities of the various areas within the boundaries of the moratorium. He described predicted density changes under different scenarios. President Lilliquist opened the Public Hearing. Two individuals provided testimony. President Lilliquist closed the Public Hearing. Council Members discussed and asked questions of staff. Lisa Anderson / Hannah Stone moved for first and second reading. MOTION CARRIED 6-0. EXCUSED: Dan Hammill Hollie Huthman / Edwin H. "Skip" Williams moved to direct City staff to initiate and complete a Type VI legislative process prior to July 10, 2024, that considers the MEDIUM-density and LOW-density options in each of the multi-family zones in the Silver Beach Neighborhood. These options will be brought forward in a public hearing and potential work sessions before the Planning Commission. The Planning Commission will deliberate on these and then forward a recommendation onto the City Council for consideration. MOTION CARRIED 6-0. EXCUSED: Dan Hammill Hollie Huthman / Edwin H. "Skip" Williams moved to direct staff to initiate revisions to BMC 15.42 and BMC 16.80 that would require development of new multi-family units to address existing and new impervious surfaces and establish a phosphorous reduction requirement equal to that of single-family development in the Lake Whatcom watershed. MOTION CARRIED 6-0. EXCUSED: Dan Hammill Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor. 23924 1. Mayor's Reappointment to the Mayor's Neighborhood Advisory Commission p. 28 (Information) City of Bellingham Regular City Council Meeting Page 2 of 10 11/20/2023 Minutes  Mayor Fleetwood reappointed Michael Chrzastwoski to his first full term on the Mayor's Neighborhood Advisory Commission, which will expire on November 21, 2025, at which time he may be reappointed. 23925 2. Mayor's Reappointments to the Bellingham Sister Cities Board (Information) p. 31 Mayor Fleetwood reappointed Bolor Smith to her fifth term on the Bellingham Sister Cities Board, which will expire on November 15, 2026, at which time she may be reappointed. Mayor Fleetwood reappointed Stephen Racich to his fourth term on the Bellingham Sister Cities Board, which will expire on January 1, 2027, at which time he may be reappointed. 23926 3. Mayor's Appointments to the Bellingham Arts Commission (Approval) p. 34 Mayor Fleetwood appointed Phillip Freytag to his first partial term on the Bellingham Arts Commission, which will expire on January 22, 2026, at which time he may be reappointed. Mayor Fleetwood appointed Patricia McDonnell to her first partial term on the Bellingham Arts Commission, which will expire on January 1, 2026, at which time she may be reappointed. Hannah Stone / Lisa Anderson moved to recommend approval of Phillip Freytag to his first partial term, which will expire on January 22, 2026, and Patricia McDonnell to her first partial term, which will expire on January 1, 2026 to the Bellingham Arts Commission. MOTION CARRIED 6-0. EXCUSED: Dan Hammill 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 23927 1. Bid Award for Indefinite Delivery, Indefinite Quantity Contract for Heating, p. 41 Ventilation and Air Conditioning Services - Bid #86B-2023 Eric Johnston, Public Works Director, and Joel Pfundt, Assistant Director of Transportation, presented on the Indefinite Delivery, Indefinite Quantity Contract for Heating, Ventilation and Air Conditioning Services for the City. The contract will include planned maintenance and non- emergency repairs. All work will be performed on a time-and-materials basis using the hourly rate and parts-and-materials markup percentage contained in the selected contractor’s bid proposal and will not exceed $500,000.00. Blythe Mechanical Inc. of Bellingham submitted the lowest responsive City of Bellingham Regular City Council Meeting Page 3 of 10 11/20/2023 Minutes  bid of $92,057.24, including any applicable Washington State sales tax. Council Members discussed and asked questions regarding the bid. Hannah Stone / Lisa Anderson moved to award Bid No. 86B-2023 for Indefinite Quantity Contract for Heating, Ventilation and Air Conditioning Services to Blythe Mechanical Inc. of Bellingham 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 not to exceed $500,000.00, and includes any applicable WSST. MOTION CARRIED 6-0. EXCUSED: Dan Hammill 23928 2. Urban Forestry Management Plan - Phase 3, Canopy Cover Target Recommendation p. 48 Eric Johnston, Public Work Director, Blake Lyon, Planning and Community Development Director, Nicole Oliver, Parks and Recreation Director, Analiese Burns, Habitat & Restoration Manager, and Amelia Needoba, Project Manager of Diamond Head Consulting, 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. The presentation included a recommendation regarding the draft canopy cover target for Council's consideration and efforts to support urban forest stewardship in advance of the UFMP. Council Members discussed and asked questions regarding the plan. Committee Chair Stone invited further conversation and Council Members discussed and asked questions of staff regarding the plan. Hannah Stone / Lisa Anderson moved to recommend staff pursue a growth target of 45% canopy cover to incorporate into the Urban Forestry Management Plan. MOTION CARRIED 6-0. EXCUSED: Dan Hammill Community and Economic Development 1:00 PM Hollie Huthman, Chair Hannah Stone, Kristina Michele Martens 23929 1. Consideration of the Lodging Tax Advisory Committee's 2024 Budget p. 102 Recommendations Tara Sundin, Community and Economic Development Manager, presented the budget recommendations for the Lodging Tax Fund. The Lodging Tax Advisory Committee (LTAC) met and approved on October 24, 2023, the proposed 2024 expenditures. Council Members discussed and asked questions regarding the budget proposal. Council Member Huthman explained that she had a conflict of interest and recused herself from the discussion during the day and abstained from the evening vote. City of Bellingham Regular City Council Meeting Page 4 of 10 11/20/2023 Minutes  Michael Lilliquist / Hannah Stone moved to recommend approval of the 2024 Lodging Tax Fund budget. MOTION CARRIED 5-0. ABSTAINED: Hollie Huthman EXCUSED: Dan Hammill 23930 2. Consideration of Bellingham Whatcom County Tourism's 2024 Tourism Promotion p. 106 Area Budget Tara Sundin, Community and Economic Development Manager, and Dylan Deane-Boyle, President and CEO of Bellingham Whatcom County Tourism, presented the 2024 Bellingham Whatcom County Tourism Promotion Area Budget. The City and County formed a Tourism Promotion Area (TPA), as authorized by RCW 35.101.020, after receiving a petition from affected businesses. The Bellingham Whatcom County Tourism Board of Directors prepared a draft budget for Council's consideration and approval as the legislative authority, pursuant to state law. Council Members discussed and asked questions regarding the budget proposal. Hollie Huthman / Hannah Stone moved to recommend approval of the 2024 Bellingham-Whatcom County Tourism Promotion Area Budget. MOTION CARRIED 6-0. EXCUSED: Dan Hammill Parks and Recreation 1:45 PM Edwin H. "Skip" Williams, Chair Hollie Huthman, Lisa Anderson 23931 1. Bid Award to Pullman SST, Inc. for Civic Stadium Repairs, Bid #73B-2023 p. 164 Nicole Oliver, Parks and Recreation Director, provided a summary of the Civic Stadium Repairs Bid #73B-2023. The project will include repair from water intrusion, waterproofing at existing storage and mechanical spaces, installation of TPO and metal roofing, flashing and sheet metal, rough carpentry, ceiling repairs, interior and exterior painting, surface preparation for concrete repair and patching, concrete patch work at hand railings, site cleanup, demobilization, and other work necessary to complete the project. Pullman SST, Inc of Benica, California submitted the lowest responsive bid of $650,401.30, including any applicable Washington State sales tax. Council Members discussed and asked questions regarding the bid award. Edwin H. "Skip" Williams / Hollie Huthman moved to award Bid No. 73B-2023 for Civic Stadium Repairs to Pullman SST, Inc. of Benicia, California as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, $661,786.06, which includes any applicable WSST. MOTION CARRIED 6-0. EXCUSED: Dan Hammill City of Bellingham Regular City Council Meeting Page 5 of 10 11/20/2023 Minutes 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 23932 1. Presentation of Proposed 2024 Joint Legislative Agenda p. 177 Janice Keller, Interim Deputy Administrator, and Jed Holmes, Community Outreach Facilitator in the Whatcom County Executive's Office, presented the proposed 2024 legislative agenda for the City, Whatcom County, and Port of Bellingham to assist in advocacy at the Washington State Legislature. A joint legislative agenda is adopted annually by the three entities, defining shared objectives and underscoring a commitment to work cooperatively, strengthen the partnership between state and local governments, and seek full resources to implement the policies and goals adopted by the State of Washington. Council members discussed and asked questions regarding the agenda. Michael Lilliquist / Edwin H. "Skip" Williams moved to adopt the 2024 legislative agenda for the City of Bellingham, Whatcom County, and Port of Bellingham. MOTION CARRIED 6-0. EXCUSED: Dan Hammill 23933 2. Discussion Regarding the Dates and Times of the 2024 City Council Meetings p. 181 Council President Lilliquist presented two draft proposals for the 2024 City Council meeting schedule. Council Members discussed and asked questions. The schedule will be approved via resolution on the Consent Agenda at the December 4, 2023 meeting. 23934 3. Approval of the 10/30/23 City Council Committee and Regular Meeting Minutes p. 184 Edwin H. "Skip" Williams / Hollie Huthman moved approval of the October 30, 2023 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0. EXCUSED: Dan Hammill 4. Old/New Business There were no discussion items for Old/New Business. Executive Session 2:45 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Litigation (Marriner, approx 30 min) Staff provided information on a potential litigation matter. City of Bellingham Regular City Council Meeting Page 6 of 10 11/20/2023 Minutes  Edwin H. "Skip" Williams / Lisa Anderson moved to authorize the Mayor to enter into a contract with Rajeev Majumdar and Whatcom Law Group to provide legal advice and representation in code enforcement matters. MOTION CARRIED 6-0. EXCUSED: Dan Hammill 2. Potential Litigation (Marriner, approx 10 min) Staff provided information on a potential litigation matter. For information and discussion. No action taken. 3. Potential Property Acquisition (Marriner, approx 5 min) Staff provided information on the potential acquisition of the 5.7-acre Hodge property located south of E. Bakerview Rd. in the King Mountain Neighborhood. Edwin H. "Skip" Williams / Hollie Huthman moved to authorize the Mayor to close the real estate transaction described in the City’s executed purchase and sale agreement with owners of the property, Gary and Stacey Hodge, with a purchase price of $350,000. MOTION CARRIED 6-0. EXCUSED: Dan Hammill 4. Potential Property Acquisition (Stamps, approx 3 min) Staff provided information on a potential Lake Whatcom Watershed property acquisition totaling 2.2 acres with one potential development unit. Edwin H. "Skip" Williams / 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 owner, AJ Sand Homes, LLC, with a purchase price of $132,000 and with closing to occur on or around December 15, 2023. MOTION CARRIED 6-0. EXCUSED: Dan Hammill 5. Potential Property Acquisition (Stamps, approx 3 min) This item was removed from the agenda. City of Bellingham Regular City Council Meeting Page 7 of 10 11/20/2023 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. 23935 1. Authorization of A/P Transactions Issued October 27, 2023 through November 02, p. 196 2023 23936 2. Authorization of A/P Transactions Issued November 03, 2023 through November 09, p. 197 2023 23937 3. Authorization of Payroll Labor Cost Payments Dated October 16, 2023 to October 31, p. 198 2023 Hollie Huthman / Edwin H. "Skip" Williams moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0. EXCUSED: Dan Hammill Final Consideration of Ordinances 23817 1. An Ordinance of the City of Bellingham Amending the Bellingham Comprehensive p. 199 Plan to Rezone Area 1 of the Samish Neighborhood and Area 21 of the Puget Neighborhood from Commercial, Auto to Commercial, Planned Hannah Stone / 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, Williams, Anderson, Martens NAYS: (None) EXCUSED: Hammill MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-11-032. 23826 2. An Ordinance Amending the Comp Plan to Rezone a Property Located at 2825 p. 225 Lindshier Avenue in Area 1 of the Irongate Neighborhood from Industrial, Planned to Residential, Single, Creating a New Area 29 in the Barkley Neighborhood With A 7,200 Square Ft Density and Detached Cluster Land Use Qualifier Lisa Anderson / 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, Stone, Huthman, Williams, Anderson, Martens NAYS: (None) EXCUSED: Hammill MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-11-033. City of Bellingham Regular City Council Meeting Page 8 of 10 11/20/2023 Minutes 23857 3. An Ordinance of the City of Bellingham Amending the Bellingham Comprehensive p. 254 Plan to Rezone Two Properties Located at 4160 Cougar Rd in Area 6 of the King Mountain Neighborhood from Residential, Single to Public, School 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, Williams, Anderson, Martens NAYS: (None) EXCUSED: Hammill MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-11-034. 23876 4. An Ordinance of the City of Bellingham Relating to Land Use Planning and Updating p. 277 the Bellingham Comprehensive Plan, with Amendments to the 2020 Parks, Recreation and Open Space Plan Lisa Anderson / Hannah Stone 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, Williams, Anderson, Martens NAYS: (None) EXCUSED: Hammill MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-11-035. 23921 5. An Ordinance of the City of Bellingham, Washington Relating to the Levying of Taxes p. 293 and Establishing the Amount to be Raised in 2024 on the Assessed Valuation of the Property within the City 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, Stone, Huthman, Williams, Anderson, Martens NAYS: (None) EXCUSED: Hammill MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-11-036. 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). City of Bellingham Regular City Council Meeting Page 9 of 10 11/20/2023 Minutes Adjournment There being no further business, the meeting adjourned at 10:03pm. Michael Lilliquist, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 12/11/2023 City of Bellingham Regular City Council Meeting Page 10 of 10 11/20/2023 Minutes