City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes February 12, 2024, 7:00 PM Mayor: Kimberley Lund 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 Jace Cotton Call to Order The City Council Regular meeting was called to order by Council President Hammill at 7pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. On February 26, 2024, the City Council will hold a public hearing to take public comment on the Bellingham Police Department's proposed grant application to the Department of Justice for the purchase of a Rapid DNA machine & consumables for up to three years. Roll Call Present: Council President Daniel Hammill, Third 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 Michael Lilliquist, Sixth Ward Council Member Jace Cotton, At-Large Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor. 24008 1. Mayor's Appointment to the Parks and Recreation Advisory Board (Information) p. 6 Mayor Lund appointed Scott Pratschner to his first partial term on the Parks and Recreation Advisory Board, which will expire on August 30, 2024, at which time he may be reappointed. 24009 2. Mayor's Reappointment to the Sehome Hill Arboretum Board of Governors p. 10 (Information) Mayor Lund reappointed Joan Drinkwin to her third term on the Sehome Hill Arboretum Board of Governors, which will expire on February 9, 2027, at which time she may be reappointed. 24010 3. Mayor's Appointment to the Bellingham Public Library Board of Trustees (Approval) p. 12 City of Bellingham Regular City Council Meeting Page 1 of 7 2/12/2024 Minutes  Mayor Lund appointed Deborra Garrett to her first term on the Bellingham Library Board of Trustees, which will expire on March 10, 2029, at which time she may be reappointed. Edwin H. "Skip" Williams / Michael Lilliquist moved to recommend approval of Deborra Garrett to her first term on the Bellingham Library Board of Trustees, which will expire on March 10, 2029, at which time she may be reappointed. MOTION CARRIED 7-0. Mayor Lund assured the Council and community that work to restructure the Immigration Advisory Board will continue with progress reports back to Council. A shared expectation framework for all City Boards and Commission and how/when to convene a workgroup are underway. Mayor Lund met with members of the Lummi Nation, including Chairman Tony Hillaire and Council Member Nick Lewis, to discuss community issues including the fentanyl crisis and how we can collaborate moving forward. Mayor Lund is focused on improving City operations and delivering excellent government and service to Bellingham residents. She recently met with leaders from Municipal Court, Judge Debra Lev, and Council President Hammill, and intends to hold regular meetings across the three branches of government. In March, a quarterly series for City leaders will begin to frame and discuss accountability and transparency for City work. Council Members are invited to attend. Mayor Lund attended the Spirits and Cider Stroll event hosted last week by the Downtown Bellingham Partnership. Council Member Lilliquist asked for an update on State House Bill 2114, relating to rent stabilization. Blake Lyon, Director of Planning & Community Development, shared the bill is still under consideration in the State House and he will follow up if Council needs to reconvey Resolution #2024-01, which passed on January 29, 2024 and expressed Council’s support of the passage of state-level rent stabilization legislation. 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, Michael Lilliquist 24011 1. Proposed Grant of Telecommunications Franchise to Ziply Pacific Fiber, LLC p. 15 Eric Johnston, Public Works Director, Matt Stamps, Assistant City Attorney, and Jessica Epley, Vice President of Regulatory and External Affairs at Ziply Fiber Pacific, presented a franchise ordinance granting Ziply Fiber Pacific, LLC the authority to install and operate fiber optic network facilities in City of Bellingham Regular City Council Meeting Page 2 of 7 2/12/2024 Minutes  City rights-of-way for voice and data communication services to Bellingham businesses and residents. Council Members discussed the ordinance and asked questions. Hannah Stone / Lisa Anderson moved for first and second reading. MOTION CARRIED 7-0. Committee Of The Whole 1:20 PM Daniel Hammill, Chair Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton 23995 1. An Ordinance Relating to the Rental Registration and Safety Inspection Program; p. 27 Amending BMC 6.15.020, 6.15.030, 6.15.040, 6.15.050, 6.15.070, 6.15.080, and 6.15.170; and Adding a New Section to Chapter 6.15 James Erb, Deputy City Attorney, and Blake Lyon, Planning and Community Development Director, returned to discuss an ordinance modifying the rental registration and safety inspection program and updates to the City's tenant resources page based upon Council feedback at the December 4, 2023 meeting. Council Members discussed the ordinance and asked questions. Daniel Hammill / Edwin H. "Skip" Williams moved for first and second reading. MOTION CARRIED 7-0. 2. Old/New Business President Hammill recapped the motions from Old/New Business related to reviewing City parking minimums and a future committee discussion on economic development with Port officials and labor groups. For more information on the motions, see the Committee of the Whole meeting minutes under Old/New Business. Council Member Lilliquist recapped a motion directing the policy analyst to study the effects of removing parking minimums and its impact on housing affordability. Executive Session 2:20 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Stamps, approx 3 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 2. Potential Property Acquisition (Stamps, approx 3 min) Staff provided information on a potential Lake Whatcom Watershed property acquisition totaling 4.10 acres with one potential development unit. City of Bellingham Regular City Council Meeting Page 3 of 7 2/12/2024 Minutes  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, Burton Jay Marital Trust Property, with a purchase price of $184,000 and with closing to occur on or around February 23, 2024. MOTION CARRIED 7-0. 3. Potential Litigation (Good, approx 15 min) Staff provided information on a potential litigation matter. Edwin H. "Skip" Williams / Lisa Anderson moved to file a nuisance abatement action against the property located as 298 Stuart Road (Parcel Number 3803071973630000), place a lien on the subject property for the City’s cost to abate the nuisance, and foreclose upon the lien, if necessary. MOTION CARRIED 7-0. 4. Litigation: DeBruin et al. v. City of Bellingham (Good, approx 15 min) Staff provided information on a litigation matter. For information and discussion. No action taken. 5. Potential Property Aquisition and Sale (Marriner, approx 10 min) Staff provided information on a potential property acquisition and sale. For information and discussion. No action taken. 6. Potential Property Acquisition (Marriner, approx 5 min) Staff provided information on a potential property acquisition. 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. 24012 1. Authorization of A/P Transactions Issued January 19, 2024 through January 25, 2024 p. 40 24013 2. Authorization of A/P Transactions Issued January 26, 2024 through February 01, 2024p. 41 24014 3. Authorization of Payroll Labor Cost Payments Dated January 1, 2024 to January 15, p. 42 2024 24015 4. Modified Interlocal Agreement with Whatcom County and the Port of Bellingham for p. 43 Joint Consultation and Government Affairs Services with McBride Public Affairs, LLC City of Bellingham Regular City Council Meeting Page 4 of 7 2/12/2024 Minutes 24016 5. 2024 High Visibility Emphasis Grant from Washington Traffic Safety Commission p. 48 24017 6. Washington Association of Sheriffs and Police Chiefs (WASPC) Grant for Body Worn p. 68 Camera Program Hollie Huthman / Edwin H. "Skip" Williams moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 24004 1. An Ordinance Amending Bellingham Municipal Code (BMC) 19.04.130 to Clarify the p. 79 Exemption from the Payment of Park Impact Fees When Reconstructing or Rebuilding an Existing Dwelling Unit That Has Been Damaged or Destroyed 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: Hammill, Stone, Huthman, Williams, Anderson, Lilliquist, Cotton NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2024-02-001. 24005 2. An Ordinance Amending Multiple Sections of the Bellingham Municipal Code (BMC) p. 86 in Title 20, Land Use Development Chapter for Clarity and to Correct Inconsistencies; Amending BMC 20.08.020, 20.10.080, BMC 20.12.010, BMC 20.12.030, BMC 20.12.080, BMC 20.14.010, BMC 20.30.040, BMC 20.32.040, BMC 20.33 Edwin H. "Skip" Williams / 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: Hammill, Stone, Huthman, Williams, Anderson, Lilliquist, Cotton NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2024-02-002. 24006 3. An Ordinance Relating to the Administration of Development Regulations; Amending p. 123 BMC 21.10.040, 21.20.090, 21.10.140, 21.10.150, And 21.10.260 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: Hammill, Stone, Huthman, Williams, Anderson, Lilliquist, Cotton NAYS: (None) City of Bellingham Regular City Council Meeting Page 5 of 7 2/12/2024 Minutes  EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2024-02-003. 24007 4. An Ordinance Amending Bellingham Municipal Code (BMC) Title 23, Land Division for p. 138 Clarity and Corrections; Amending BMC 23.04.060, 23.06.020, 23.08.040, 23.08.050, 23.08.060, 23.08.070, 23.08.080, 23.10.030, 23.12.010, 23.12.090, 23.16.010. 23.36.040. and 23.30.010 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: Hammill, Stone, Huthman, Williams, Anderson, Lilliquist, Cotton NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2024-02-004. 23993 5. An Ordinance Amending the 2023-2024 Biennial Budget - Amendment No. 10 p. 159 Michael Lilliquist / 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: Hammill, Stone, Huthman, Williams, Anderson, Lilliquist, Cotton NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2024-02-005. 23971 6. An Ordinance of the City of Bellingham, Washington, Suspending All Future Meetings p. 162 of the Immigration Advisory Board and its Subcommittees Until City Council Adopts an Ordinance Rescinding the Suspension 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: Hammill, Stone, Huthman, Williams, Anderson, Lilliquist NAYS: Cotton EXCUSED: (None) MOTION CARRIED 6-1 and was thereafter named Ordinance #2024-02-006. Public Comment Period City Council heard public comment from 24 individuals. City of Bellingham Regular City Council Meeting Page 6 of 7 2/12/2024 Minutes  To access the recording, visit the Public Comment Period Recordings - City of Bellingham (cob.org). Adjournment There being no further business, the meeting adjourned at 8:37pm. Daniel Hammill, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 2/26/2024 City of Bellingham Regular City Council Meeting Page 7 of 7 2/12/2024 Minutes