City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes December 16, 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 Pro Tempore Huthman 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. Upcoming Public Hearing On January 13, 2025, the Council will hold a public hearing on an interim ordinance eliminating parking minimums. The interim ordinance would eliminate the minimum number of spots required and allow property owners and developers to provide parking as necessary. As an interim measure, it would provide immediate relief to some projects, and allow staff time to collect community feedback and prepare final parking regulations. More information at cob.org/parking-reforms. Roll Call Present: Council President Daniel Hammill, Third Ward (Attended remotely) 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 City of Bellingham Regular City Council Meeting Page 1 of 7 12/16/2024 Minutes  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. 24370 1. Mayor's Reappointment to the Design Review Board (Approval) p. 6 Mayor Lund reappointed Maggie Bates to a second term on the Design Review Board, which will expire on January 11, 2029. Lisa Anderson / Michael Lilliquist moved to recommend approval of Maggie Bates to a second term on the Design Review Board, which will expire on January 11, 2029. MOTION CARRIED 7-0. 24371 2. Mayor's Reappointment to the Greenways Advisory Committee (Approval) p. 9 Mayor Lund reappointed Jacob Stewart to a second term on the Greenways Advisory Committee, which will expire on December 13, 2027. Edwin H. "Skip" Williams / Lisa Anderson moved to recommend approval of Jacob Stewart to a second term on the Greenways Advisory Committee, which will expire on December 13, 2027. MOTION CARRIED 7-0. 24372 3. Mayor's Reappointment to the Parks & Recreation Advisory Board (Information) p. 12 Mayor Lund reappointed Brian Bressler to his first full term on the Parks & Recreation Advisory Board, which will expire on December 6, 2027. Mayor Lund reflected upon her first year in office and her goals of building a culture of excellence through the OneCity approach, redefining community relationships, and learning from community members. 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 10:30 AM Hannah Stone, Chair Lisa Anderson, Michael Lilliquist 24373 1. Contract Award for 12th and Finnegan Multimodal Safety Improvements Project p. 18 (ES566), BID #79B-2024 City of Bellingham Regular City Council Meeting Page 2 of 7 12/16/2024 Minutes  Joel Pfundt, Interim Public Works Co-Director, Mike Wilson, Assistant Director of Engineering, and Kyle Carlson, City Engineer, provided a summary of the 12th and Finnegan Multimodal Safety Improvements Project. The project will add a traffic signal at the intersection of 12th Street and Mill Avenue, new rectangular rapid flashing beacons at 12th Street and McKenzie Avenue and 11th Street and Finnegan Way, as well as new on-street parallel parking, sidewalk, and street trees along a section of Finnegan Way between Mill Avenue and 11th Street. Council Members discussed the contract and asked questions. Hannah Stone / Michael Lilliquist moved to award contract No. 79B-2024 for the 12th and Finnegan Multimodal Safety Improvements Project to Strider Construction Co., Inc. as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, $1,306,658.00, which includes any applicable WSST. MOTION CARRIED 7-0. 24373 2. Introduction to Nitrogen Reduction at Post Point Resource Recovery Plant p. 28 Mike Olinger, Interim Public Works Co-Director, Mike Wilson, Assistant Director of Engineering, Stephen Day, Plants Engineer, Steve Bradshaw, Superintendent of Plants, and Tadd Giesbrecht and Anne Conklin from Carollo Engineers, presented an optimization plan for nitrogen reduction at Post Point Resource Recovery Plant as required by the Puget Sound Nutrient General Permit issued by the State Department of Ecology. Council Members discussed the plant’s future needs and asked questions. Parks and Recreation 1:00 PM Edwin H. "Skip" Williams, Chair Hollie Huthman, Jace Cotton 24374 1. Resolution to Establish the Parks and Recreation Department Facility Use Fees p. 56 Nicole Oliver, Director of Parks and Recreation, presented the resolution to establish facility use fees. The goal is to streamline the fee structure and adjust rates in consideration of maintenance and operational costs at Arne Hanna Aquatic Center, Lake Padden Golf Course, and select park facilities. Council Members discussed the resolution and asked questions. Edwin H. "Skip" Williams / Jace Cotton moved final approval of Resolution #2024-34 as amended during the Committee of the Whole. MOTION CARRIED 7-0. Committee Of The Whole 1:15 PM Daniel Hammill, Chair Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton 24375 1. Interim Ordinance Eliminating Parking Minimums Citywide p. 69 City of Bellingham Regular City Council Meeting Page 3 of 7 12/16/2024 Minutes  Blake Lyon, Planning and Community Development Director, Kurt Nabbefeld, Development Services Manager, and Chris Koch, Planner, presented the draft ordinance, which repeals parking minimums Citywide. A public hearing will be held on January 13, 2025 and more information is available online. Council Members discussed the ordinance and Bellingham’s housing shortage, and asked questions. Hollie Huthman / Jace Cotton moved for first and second reading. Michael Lilliquist / Lisa Anderson moved to amend the ordinance, Section 1. B. Applicability. This section applies to all land uses in all areas of the city. 1. All development that includes affordable residential units, as defined by XXX. This section applies to all affordable units within a development, and does not apply to any other residential units that do not meet the definition of affordability indicated in this subsection or under subsection 2 of this section; and 2. All areas of the City that include a General Use Type that includes Commercial, Industrial, Institutional, Urban Village, and to all Residential areas within ¼ mile of a transit stop along a high frequency public transit route. AMENDMENT FAILED 2-5. Opposed: Daniel Hammill, Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Jace Cotton MOTION CARRIED 6-1. Opposed: Lisa Anderson 24376 2. Renewal of Interlocal Agreement with Whatcom County Supporting the GRACE p. 131 Program Forrest Longman, Deputy Administrator, presented the interlocal agreement (ILA) with Whatcom County that supports the Ground Level Response and Coordinated Engagement (GRACE) Program. The GRACE program provides intensive, coordinated care for individuals who are frequent users of emergency response services and aims to reduce utilization while improving their well-being and stability. The City Council will receive an update on the program from Malora Christensen, Whatcom County's Manager of the Response Systems Division, next year. Council Members discussed the ILA and asked questions. Hollie Huthman / Edwin H. "Skip" Williams moved to recommend approval of the Interlocal Agreement with Whatcom County supporting the GRACE Program. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 4 of 7 12/16/2024 Minutes 24253 3. Work Session Regarding Landlord Tenant Relations and Unfair or Excessive Fees in p. 140 Residential Rental Agreements and Leases During the December 9, 2024 Council meeting, Council Members requested additional time to City Cou review and discuss the draft ordinances. Council Members provided additional feedback on the draft or draft and requested additional changes for discussion at the next Council meeting. addition 24254 4. Work Session Regarding Manufactured/Mobile Home Landlord Tenant Relations and p. 183 Unfair or Excessive Fees in Manufactured/Mobile Home Lease Agreements During the December 9, 2024 Council meeting, Council Members requested additional time to City Cou review and discuss the draft ordinances. Council Members provided additional feedback on the draft or draft and requested additional changes for discussion at the next Council meeting. addition 5. Old/New Business Council Member Stone expressed concerns about the timing of public hearing testimony and voting and would like to further discuss at the Council reorganization meeting in January. Council Member Anderson shared she will be proposing a resolution in 2025 to support the creation of a national infrastructure bank. Council Member Stone highlighted Council Member Cotton's resolution opposing the Albertsons- Kroger merger and that on December 10th a judge blocked the proposed merger. Council Member Stone thanked the administration for bringing Dr. Caprice Hollins to provide training for City leaders. Council Member Stone also reported that she had recently attended a webinar offered by the Government Alliance on Race and Equity (GARE) entitled Operationalizing Policies for Connected and Prosperous Immigrant Communities. During the webinar, she learned of a "Welcoming Community Certification" from Welcoming America, which she requested the administration review. Executive Session 3:40 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 1.92 acres with four potential development units. City of Bellingham Regular City Council Meeting Page 5 of 7 12/16/2024 Minutes  Edwin H. "Skip" Williams / Daniel Hammill 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, Ian Henderson, with a purchase price of $300,000 and with closing to occur on or around January 6, 2025. MOTION CARRIED 7-0. 3. Litigation: Stodola v. Bellingham et al. (Good, approx. 10 min.) Staff provided information on a litigation matter. Lisa Anderson / Edwin H. "Skip" Williams moved to authorize the Mayor to enter into a settlement agreement with the following terms: dismissal of the lawsuit and resolution of all claims related thereto for payment to the plaintiff of $325,000.00. 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. 24377 1. Authorization of Payroll Labor Cost Payments Dated November 16, 2024 to p. 217 November 30, 2024 24378 2. Authorization of A/P Transactions Issued November 29, 2024 through December 05, p. 218 2024 24379 3. Grant Agreement for Community Solar Study Funding p. 219 24380 4. Extension of Forest Land Response Agreement with the Washington State p. 246 Department of Natural Resources 24381 5. Distribution Agreement between Seattle Police Department and Bellingham Police p. 251 Department 24382 6. Continued Interlocal Agreement with Whatcom County for Probation Services p. 256 Edwin H. "Skip" Williams / Lisa Anderson moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 24358 1. An Ordinance Amending The 2023-2024 Biennial Budget Increasing Expenditures And p. 277 Authorizing An Interfund Loan Of Up To $600,000 From The General Fund To The Workers Comp Fund – Amendment No. 16 City of Bellingham Regular City Council Meeting Page 6 of 7 12/16/2024 Minutes  Lisa Anderson / Jace Cotton 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 #2024-12-034. 24360 2. An Ordinance of the City of Bellingham Repealing Sections of the Bellingham p. 280 Municipal Code that are Obsolete, Pre-Empted, Unconstitutional or Otherwise Unenforceable 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, Cotton NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2024-12-035. Adjournment There being no further business, the meeting adjourned at 8:12pm. Hollie Huthman, Council President Pro Tempore ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 1/13/2025 City of Bellingham Regular City Council Meeting Page 7 of 7 12/16/2024 Minutes