City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes June 3, 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 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 17, the City Council will hold a public hearing on a proposed resolution providing for the City to relinquish a portion of a general utility easement retained within vacated portions of Taylor Avenue between 10th to 29th Street as described in Ordinance 6860. If adopted, the resolution would authorize the relinquishment of that portion of the easement that encumbers real property commonly known as 819 14th Street. The basis for the proposed relinquishment is that said easement is surplus to the City's needs and is not required for providing existing or future public utility services. Roll Call Present: Council President Daniel Hammill, Third Ward Council Member Hannah Stone, First 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 City of Bellingham Regular City Council Meeting Page 1 of 7 6/3/2024 Minutes  Excused Council Member Hollie Huthman, Second Ward Public Hearing 24138 1. A Public Hearing Regarding the Draft 2025-2030 Transportation Improvement p. 7 Program (TIP) Eric Johnston, Public Works Director, and Joel Pfundt, Assistant Director of Transportation, provided a summary of the draft 2025-2030 Transportation Improvement Program (TIP). The draft TIP includes projects to construct new facilities for pedestrians and bikers, enhance transit use, repair and resurface streets and sidewalks, replace bridges, make roadways safer and convenient, and facilitate freight movement. Council Members discussed the TIP proposal and asked questions. Council President Hammill opened the Public Hearing. 9 individuals provided testimony. Council President Hammill closed the Public Hearing. 24136 2. A Public Hearing to Consider an Ordinance Amending Bellingham Municipal Code p. 47 (BMC) 20.37.330, Specifically Allowing an Increase in Height on Certain Properties within the Fairhaven Urban Village Note: The public hearings for AB 24136 and AB 24137 were combined into one hearing. Council Member Lilliquist recused himself from the discussion and relevant votes for AB 24136 and AB 24137. Blake Lyon, Planning and Community Development Director, and Kurt Nabbefeld, Planning Development Services Manager, and Dave Christensen, Architect, presented the ordinance, which amends development regulations in the Fairhaven Urban Village. The proposed amendment increases the maximum allowable height for the property located at the northwest corner of Mill Ave and 11th Street, commonly referred to as “The Pit.” Council President Hammill opened the Public Hearing. 17 individuals provided testimony. Council President Hammill closed the Public Hearing. Edwin H. "Skip" Williams / Jace Cotton moved the ordinance for first and second reading to amend Bellingham Municipal Code (BMC) 20.37.330, allowing an increase in height on certain properties within the Fairhaven Urban Village. MOTION CARRIED 5-0. City of Bellingham Regular City Council Meeting Page 2 of 7 6/3/2024 Minutes  Recused: Michael Lilliquist 24137 3. A Public Hearing to Consider a Resolution Authorizing the Mayor to Enter into a p. 128 Development Agreement with Dominion Sustainable Development Corporation for a Mixed-Use Project in the Fairhaven Urban Village Note: The public hearings for AB 24136 and AB 24137 were combined into one hearing. See above. Council Member Lilliquist recused himself from the discussion and relevant votes for AB 24136 and AB 24137. Blake Lyon, Planning and Community Development Director, and Kurt Nabbefeld, Planning Development Services Manager, presented a resolution authorizing the Mayor to enter into a development agreement with Dominion Sustainable Development Corporation for a mixed-use project in the Fairhaven Urban Village. The Council is required to hold a public hearing and pass a resolution prior to executing the Development Agreement under RCW 36.70B.200. Edwin H. "Skip" Williams / Jace Cotton moved final approval of Resolution #2024-11, authorizing the Mayor to enter into a development agreement with Dominion Sustainable Development Corporation for a mixed-use project in the Fairhaven Urban Village. MOTION CARRIED 5-0. Recused: Michael Lilliquist 24135 4. A Public Hearing to Consider an Ordinance Relating to Land Use and Zoning, p. 150 Extending a Moratorium on Development Applications and Permits Relating to Multi-Family Zoned Properties within the Silver Beach Neighborhood for an Additional Six Months The public hearing regarding an extension of the moratorium on development in the Silver Beach neighborhood was cancelled. The Council voted in the Committee of the Whole meeting to move forward with a zoning density ordinance (see AB 24117), meaning that the moratorium ordinance and related public hearing were no longer necessary. Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor. 24139 1. Mayor's Reappointment to the Community Development Advisory Board p. 164 (Information) Mayor Lund reappointed Jasmine Fast to her first full term to the Community Development Advisory Board, which will expire on June 1, 2027 Mayor Lund provided an update on the Electric Ave bridge closure due to emergency repairs. More information is available online. City of Bellingham Regular City Council Meeting Page 3 of 7 6/3/2024 Minutes  Mayor Lund shared how public feedback is shaping the recent changes to the Holly Street Bicycle Lane including traffic timing, removal of parking spaces at the end of each block, and enhanced signage. Mayor Lund highlighted the All Hands Whatcom Summit to address the synthetic opioid crisis on June 25th at Bellingham High School. More information is available online. Mayor Lund congratulated the Bellingham Police Department after the Washington Association of Sheriffs and Police Chiefs voted to renew their accreditation for an additional four years. 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 24143 1. Interlocal Agreement (ILA) with Western Washington University for Lake Whatcom p. 168 Water Quality Monitoring Program Eric Johnston, Public Works Director, and Mike Olinger, Assistant Director of Operations, presented the Interlocal Agreement (ILA) with Western Washington University for the Lake Whatcom Water Quality Monitoring Program. The ILA allows the Western Washington University Institute for Watershed Studies to measure and provide long-term tracking of the lake's temperature, pH, dissolved oxygen, conductivity, turbidity, and nutrients, and includes monitoring of waterways that feed Lake Whatcom. Council Members discussed the ILA and asked questions. Hannah Stone / Michael Lilliquist moved to recommend approval of the Interlocal Agreement (ILA) with Western Washington University for the Lake Whatcom Water Quality Monitoring Program. MOTION CARRIED 6-0. Committee Of The Whole 1:10 PM Daniel Hammill, Chair Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton Executive Session 1. Potential Litigation (Marriner, approx. 10 min.) Staff provided information on a potential litigation matter. For information and discussion. No action taken. City of Bellingham Regular City Council Meeting Page 4 of 7 6/3/2024 Minutes 24117 2. An Ordinance Relating to Multi-Family Development in the Silver Beach p. 189 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 Either Medium or Low Density Blake Lyon, Planning and Community Development Director, and Eric Johnston, Public Works Director, presented the ordinance related to development in the Silver Beach neighborhood. On May 20, 2024, the City Council requested a work session to further discuss density development in multi-family areas of 8,9, 13, and 18. Council Members discussed the ordinance and asked questions. More information is available online. Edwin H. "Skip" Williams / Jace Cotton moved for first and second reading as amended during the Committee of the Whole meeting. MOTION CARRIED 6-0. 24140 3. A Resolution Extending the Exemption for the Existing Shelter at 1522/1530 Cornwall p. 200 Ave from Compliance with State Building Code Requirements Until November 17, 2024. Blake Lyon, Planning and Community Development Director, and Sara Ullman, Planner, presented a resolution extending the exemption for the existing shelter at 1522/1530 Cornwall Ave from compliance with state building code requirements until November 17, 2024. This allows the exemption to remain in place until the Lighthouse Mission Ministries' (LMM) new facility is operational and Base Camp will no longer be needed. Council Members discussed the resolution and asked questions. Daniel Hammill / Edwin H. "Skip" Williams moved final approval of Resolution #2024-09. MOTION CARRIED 6-0. 24141 4. A Resolution Declaring an Opioid and Synthetic Drug Crisis in Bellingham and p. 207 Recognizing that Addressing the Crisis is One of the Highest Priorities for the City of Bellingham Council Member Williams introduced the resolution declaring an opioid and synthetic drug crisis in Bellingham. The resolution further identifies the crisis as a high priority of the City and will ensure work with governmental and other community partners to address interdiction, and the prevention, intervention, treatment, and aftercare/recovery needs of our community. Daniel Hammill / Edwin H. "Skip" Williams moved final approval of Resolution #2024-10. MOTION CARRIED 6-0. 24142 5. A Briefing on The Bellingham Plan: A 2025 Periodic Update to the Comprehensive p. 211 Plan City of Bellingham Regular City Council Meeting Page 5 of 7 6/3/2024 Minutes  Blake Lyon, Planning and Community Development Director, Chris Behee, Long Range Planning Manager, and Elizabeth Erickson, Senior Planner, provided an update on the Comprehensive Plan Project, which is due to the state by December 31, 2025. The presentation discussed project scope and schedule, a summary of input received to-date, the results of the 2023 Community Vision and Housing Preference Surveys, 2045 growth projections and preliminary allocations to urban growth areas, draft growth alternatives, and policy issues. Council Members discussed the presentation and asked questions. A link to the presentation is available here. 6. Old/New Business There were no items for Old/New Business. Executive Session 4:05 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Marriner, approx. 5 min.) Staff provided information on a potential property acquisition. Lisa Anderson / Edwin H. "Skip" Williams moved to authorize the Mayor to close the real estate transaction described in the City’s purchase and sale agreement with the Department of Natural Resources (DNR) for the four DNR properties located within the City and north of the Mt. Baker Highway with a purchase price of $2,190,000. MOTION CARRIED 6-0. 2. Potential Property Acquisition (Marriner, approx. 5 min.) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 3. Potential Property Acquisition (Marriner, approx. 5 min.) This item was removed from the agenda. 4. Potential Property Acquisition (Stamps, 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. 24144 1. Authorization of Payroll Labor Cost Payments Dated May 1, 2024 to May 15, 2024 p. 308 City of Bellingham Regular City Council Meeting Page 6 of 7 6/3/2024 Minutes 24145 2. Authorization of A/P Transactions Issued May 10, 2024 through May 16, 2024 p. 309 24146 3. Authorization of A/P Transactions Issued May 17, 2024 through May 23, 2024 p. 310 24147 4. Approval of the 5/20/2024 City Council Committee and Regular Meeting Minutes p. 311 24148 5. Approval of the 5/8/2024 Special City Council Meeting Minutes p. 326 Michael Lilliquist / Edwin H. "Skip" Williams moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0. Final Consideration of Ordinances 24118 1. An Ordinance of the City of Bellingham, Washington, Relating to Stormwater p. 330 Management Requirements in Multi-Family Zones in the Silver Beach Neighborhood Amending Bellingham Municipal Code Chapter 16.80, the Lake Whatcom Reservoir Regulatory Chapter Hannah Stone / 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, Williams, Anderson, Lilliquist, Cotton NAYS: (None) EXCUSED: Huthman MOTION CARRIED 6-0 and was thereafter named Ordinance #2024-06-018. Public Comment Period City Council heard public comments from 13 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 10:45pm. Daniel Hammill, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 6/17/2024 City of Bellingham Regular City Council Meeting Page 7 of 7 6/3/2024 Minutes