City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes May 20, 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 7:00pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. Land Acknowledgement Statement: Before we begin, we acknowledge that we are gathered on the traditional and unceded territory of the Lummi, Nooksack, Samish, and Semiahmoo People who have cared for and tended this land since time immemorial. Truth and acknowledgment are critical to building mutual respect and connection across all barriers of heritage and difference. We begin this effort to acknowledge what has been buried by honoring the truth. We pay respect to their elders past and present. Please take a moment to consider the many legacies of violence, displacement, migration, and settlement that bring us together here today. And please join us in uncovering such truths at any and all public events. 2. Language Access: The Bellingham City Council provides Spanish interpretation at all regular Languag evening meetings. Interpretation can be accessed by in-person attendees by utilizing the headsets located at the front of the room. Remote viewers can log on to cob.org/cczoom and click on the “Language” icon at the bottom of the screen to listen in Spanish. 3. On June 3, 2024, the City Council will hold two public hearings regarding certain properties On June within the Fairhaven Urban Village. The first hearing will consider amendments to BMC amendm 20.37.330, increasing the allowed height for certain properties. The second hearing will second consider a development agreement between the City of Bellingham and a contract purchaser regarding proposed development of property generally located at the northwest corner of 11th Street and Mill Ave, commonly referred to as the Pit. 4. On June 3, 2024, the City Council will hold a public hearing to receive feedback on the draft On June 2025-2030 Transportation Improvement Program (TIP). RCW 35.77.010 requires cities to 2025-20 annually adopt a 6-year TIP documenting local, state, and federal funding programmed for annuall capital transportation improvement projects. The 6-Year TIP demonstrates that the City has prioritized and invested local and partnership funds toward major capital transportation improvements that are likely to be competitive candidates for state and federal grant funding. City of Bellingham Regular City Council Meeting Page 1 of 8 5/20/2024 Minutes 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 Public Hearing 24117 1. Public Hearing for Consideration of Amendments to the Comprehensive Plan, the p. 6 Silver Beach Neighborhood Plan, and a Rezone for Multi-Family Areas 8, 9, and 13 in the Silver Beach Neighborhood Note: Because the items are related, the public hearings were combined into one. Blake Lyon, Planning and Community Development Director, Eric Johnston, Public Works Director, and Steve Sundin, Senior Planner, presented two ordinances related to zoning in the Silver Beach Neighborhood. The first ordinance considers amendments to the Comprehensive Plan, the Silver Beach Neighborhood Plan, and a rezone of multi-family areas 8, 9, and 13 in the Silver Beach Neighborhood from high density down to medium density. The second ordinance considers amendments to the Lake Whatcom Reservoir Regulatory Chapter (BMC 16.80) to establish specific stormwater management rules for development of new units and redevelopment of existing multi- family units in the watershed in multi-family areas 8, 9, and 13 in the Silver Beach Neighborhood. More information is available online. Council Members discussed and asked questions. Council President Hammill opened the Public Hearing. 25 individuals provided testimony. Council President Hammill closed the Public Hearing. Lisa Anderson / Hannah Stone moved to approve an ordinance, relating to multi-family development in the Silver Beach Neighborhood, amending the Silver Beach Neighborhood plan and the zoning table in Title 20 of the Bellingham Municipal Code to reduce the density of multi-family areas 8, 9, and 13 from high density to low density. Hannah Stone / Michael Lilliquist moved to amend the motion to include subarea 18 and to read as "an ordinance, relating to multi-family development in the Silver Beach Neighborhood, amending the Silver Beach Neighborhood plan and the zoning table in Title 20 of the Bellingham Municipal Code to reduce the density of multi-family areas 8, 9, 13, and 18 from high density to low density." AMENDMENT CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 2 of 8 5/20/2024 Minutes  AMENDED MOTION FAILED 3-4. Opposed: Daniel Hammill, Hollie Huthman, Edwin H. "Skip" Williams, Jace Cotton Edwin H. "Skip" Williams / Hollie Huthman moved to postpone additional discussion of the rezoning ordinance to the Committee of the Whole meeting on June 3, 2024. MOTION CARRIED 7-0. 24118 2. A Public Hearing to Consider Amendments to the Stormwater Management p. 50 Requirements for Multi-Family Zones in the Silver Beach Neighborhood in BMC 16.80, the Lake Whatcom Reservoir Regulatory Chapter Michael Lilliquist / Hollie Huthman moved for first and second reading. MOTION CARRIED 7-0. Michael Lilliquist / Lisa Anderson moved to request a future agenda item at the Public Works & Natural Resources Committee to address retrofitting existing properties in the Lake Whatcom Watershed where wastewater is not currently being treated. MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor. 24119 1. Mayor's Appointments to the Mayor's Neighborhood Advisory Commission p. 99 (Information) Mayor Lund made the following appointments to the Neighborhood Advisory Commission,  Lauren Bunke as the Roosevelt Neighborhood representative to her first term, which will expire on May 6, 2026  Jack Wellman as the Sehome Neighborhood Representative to his final term, which will expire on June 21, 2026  Nick Kelly as the Cornwall Neighborhood representative to his final term, which will expire on June 7, 2026. The Alabama Hill, Barkley, Iron Gate, Meridian, and Whatcom Falls neighborhoods are still seeking representatives on the commission. Mayor Lund highlighted upcoming events this weekend including,  Memorial Day Parade on Saturday  Gathering of the Eagles Event on Saturday  Ski to Sea event on Sunday City of Bellingham Regular City Council Meeting Page 3 of 8 5/20/2024 Minutes  Mayor Lund shared that the City does not expect any impacts to water service due to the Nooksack Basin water adjudication process. City water customers do not need to take any action and can learn more at cob.org/adjudication. 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 9:30 AM Hannah Stone, Chair Lisa Anderson, Michael Lilliquist 24120 1. Contract Award - IDIQ On-Call Multiple Hearth Incinerator Repairs p. 106 Eric Johnston, Public Works Director, and Mike Olinger, Assistant Director of Operations, provided a summary of the indefinite delivery, indefinite quantity (IDIQ) contract for on-call incinerator maintenance and repair services. Work will be scoped and performed on an as-needed basis over a maximum of four years and will not exceed $3,000,000. Council Members discussed the contract and asked questions. Hannah Stone / Lisa Anderson moved to award the indefinite delivery, indefinite quantity (IDIQ) contract for on-call incinerator maintenance and repair services to JT Thorpe and Son, Inc., the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them, which will not exceed $3,000,000, including any applicable Washington State Sales or Use Tax. MOTION CARRIED 7-0. 24121 2. Request for Sewer Service at 968 Marine Drive p. 111 Eric Johnston, Public Works Director, and Brent Baldwin, Public Works Development Manager, summarized a request for sewer service at 968 Marine Drive. The Whatcom County Health Department declared a failed septic system, and under BMC 15.36 a new retail sewer service outside City limits is permitted in order to protect basic public health, safety, and the environment. Council Members discussed the request and asked questions. Hannah Stone / Lisa Anderson moved to authorize the Mayor to enter into a contract to extend retail sewer service to 968 Marine Drive. MOTION CARRIED 7-0. 24122 3. Contract Award for Pacific Street Operations Center Phase 2 Admin. Building & p. 139 Vehicle Storage, EF178, Bid #6B-2024 City of Bellingham Regular City Council Meeting Page 4 of 8 5/20/2024 Minutes  Eric Johnston, Public Works Director, and Mike Olinger, Assistant Director of Operations, provided a summary of the Pacific Street Operation Center (PSOC) Phase 2 Administration Building and Vehicle Storage Project. The project demolishes old structures and builds a two-story, all electric administration and operations building. Council Members discussed the project and asked questions. Mayor Lund shared the administration is reviewing the 1% for the Arts Program and will return to Council later this year if there are proposed changes to the program. Hannah Stone / Hollie Huthman moved to award contract #6B-2024 for the Pacific Street Operation Center (PSOC) Phase 2 Administration Building and Vehicle Storage Project to Dawson Construction, LLC, 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 $20,756,870.00, including any applicable Washington State Sales or Use Tax. MOTION CARRIED 7-0. 24133 4. Adoption of 2024 Bicycle Master Plan Eric Johnston, Public Works Director, and Joel Pfundt, Assistant Director of Transportation, presented the 2024 Bicycle Master Plan for adoption. The proposed revisions include recommendations related to policy, facility design and maintenance, bicycle network, programmatic actions, and implementation. The Transportation Commission endorsed the modifications on April 9, 2024. Council Members discussed the resolution and asked questions. Hannah Stone / Edwin H. "Skip" Williams moved final approval of Resolution #2024-06. MOTION CARRIED 7-0. 24123 5. Adoption of 2024 Pedestrian Master Plan p. 234 Eric Johnston, Public Works Director, and Joel Pfundt, Assistant Director of Transportation, presented the 2024 Pedestrian Master Plan for adoption. The proposed revisions include recommendations related to policy, facility design and maintenance, pedestrian network, programmatic actions, and implementation. The Transportation Commission endorsed the modifications on April 9, 2024. Council Members discussed the resolution and asked questions. Hannah Stone / Hollie Huthman moved final approval of Resolution #2024-07. MOTION CARRIED 7-0. 24124 6. Water System Plan Update p. 308 Eric Johnston, Public Works Director, and Mike Wilson, Assistant Director of Engineering, provided an update on a revised water system plan, which will include recommendations to rates and charges needed to fund utility operations and capital improvements. The planning process is underway, including public engagement efforts in the spring and summer of 2024. Council Members discussed the water plan update and asked questions. City of Bellingham Regular City Council Meeting Page 5 of 8 5/20/2024 Minutes Committee Of The Whole 1:00 PM Daniel Hammill, Chair Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton 24125 1. Annual Update on the Bellingham-Whatcom County Commission on Sexual and p. 317 Domestic Violence Susan Marks, Director of the Bellingham-Whatcom County Commission on Sexual and Domestic Violence, provided an update on recent work, education efforts, and the impact of domestic violence in the community. More information and community reports are available online. Council Members discussed the presentation and asked questions. 24126 2. Financial Management Guidelines p. 323 Andy Asbjornsen, Finance Director, and Forrest Longman, Deputy Finance Director, presented revised Financial Management Guidelines. The document outlines policies to ensure fiscal prudence and guide decision-making. Council Members discussed the guidelines and asked questions. Daniel Hammill / Edwin H. "Skip" Williams moved final approval of Resolution #2024-08 as amended in Committee of the Whole. MOTION CARRIED 7-0. 24127 3. Mayor's 2025 Budget Priorities p. 372 Mayor Lund presented a 2025 budget priorities list to City Council. The priorities include, • Public Safety, including a focus on the Justice Project Implementation Plan; • Expanded investments to create housing across the continuum of need; • Support for the internal services, systems and people that allow the City to effectively and efficiently deliver services to the public; and • Climate action and work to mitigate the impacts of climate change. Council Members discussed the priorities and asked questions. 24128 4. Parking Reforms - Consideration of Eliminating Off-Street Parking Requirements p. 374 Blake Lyon, Planning and Community Development Director, Eric Johnston, Public Works Director, and Iris Nott, Legislative Policy Analyst, presented a proposal for parking reforms in the City. Council Members discussed the policy framework, provided feedback, and asked questions. Daniel Hammill / Jace Cotton moved recommend the City explore policies and regulations to eliminate parking minimums Citywide and transit oriented development and urban villages. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 6 of 8 5/20/2024 Minutes  5. Old/New Business City Attorney Alan Marriner, Deputy City Attorney James Erb, Blake Lyon, Planning and Community Development Director, Eric Johnston, Public Works Director, Nicole Oliver, Parks and Recreation Director, and Renee LaCroix, Assistant Director of Natural Resources, presented a draft emergency ordinance to protect landmark trees in the City. The emergency ordinance can be found online here. Lisa Anderson / Hollie Huthman moved for final approval the emergency tree ordinance relating to the preservation of landmark trees declaring an emergency, and establishing interim development regulations with respect to landmark trees throughout the City, Ordinance #2024-05-017. MOTION CARRIED 7-0. Executive Session 3:30 PM Closed to the public. Report in the Regular Meeting only: 1. Litigation: City of Bellingham v. Fang (Good, approx. 20 min.) Staff provided information on a litigation matter. For information and discussion. No action taken. 2. Potential Litigation (Erb, approx. 15 min.) Staff provided information on a potential litigation matter. Edwin H. "Skip" Williams / Lisa Anderson moved to adopt the letter from Parks Director Nicole Oliver to Gene Shannon, dated March 27, 2024, as the decision of the City Council with respect to the request by Gene and Connie Shannon for a refund of the park impact fees that they paid in association with their development of South Bay Suites in 2013. The City Council denies the Shannons’ request for a refund of park impact fees for the reasons stated in Director Oliver’s letter. This decision is final, and any appeal would be to the Whatcom County Superior Court. MOTION CARRIED 7-0. 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. 24129 1. Authorization of A/P Transactions Issued April 26, 2024 through May 02, 2024 p. 479 24130 2. Authorization of A/P Transactions Issued May 03, 2024 through May 09, 2024 p. 480 24131 3. Authorization of Payroll Labor Cost Payments Dated April 16, 2024 to April 30, 2024 p. 481 24132 4. Approval of the 5/6/2024 City Council Committee and Regular Meeting Minutes p. 482 City of Bellingham Regular City Council Meeting Page 7 of 8 5/20/2024 Minutes  Edwin H. "Skip" Williams / Michael Lilliquist moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 24105 1. An Ordinance Creating a Fund to Account for the New Two-Tenths of One Percent p. 499 Sales and Use Tax for Public Health, Safety, and Justice 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 #2024-05-015. 24106 2. An Ordinance Amending the 2023-2024 Biennial Budget - Amendment No. 13 p. 502 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: Hammill, Stone, Huthman, Williams, Anderson, Lilliquist, Cotton NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2024-05-016. Public Comment Period City Council heard public comments from 8 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 10:44pm. Daniel Hammill, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 6/3/2024 City of Bellingham Regular City Council Meeting Page 8 of 8 5/20/2024 Minutes