City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes January 13, 2025, 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 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 27, 2025, the Council will hold a public hearing regarding the potential surplus sale of real property owned by the City of Bellingham. The property is a small, remnant parcel, approximately 4,792 square feet in size, located at the corner of Cornwall Avenue and Pine Street in Bellingham. Roll Call Present: Council President Hollie Huthman, Second Ward Council Member Hannah Stone, First Ward Council Member Daniel Hammill, Third 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 11 1/13/2025 Minutes Public Hearing 24386 1. A Public Hearing To Consider An Ordinance Relating to Land Use and Zoning, p. 7 Adopting Interim Zoning Regulations to Eliminate Automobile Parking Requirements and Establishing Consistent Bicycle Parking Standards Blake Lyon, Planning & Community Development Director, Kurt Nabbefeld, Planning Development Services Manager, and Joel Pfundt, Interim Public Works Co-Director, provided an overview of the draft ordinance, which eliminates vehicle parking minimums and establishes bike parking requirements. Council Members discussed the ordinance and asked questions. Council President Huthman opened the public hearing. 29 individuals provided testimony. Council President Huthman closed the public hearing. Jace Cotton / Michael Lilliquist moved to amend the ordinance as follows: Revise the third Whereas clause on page 2, “Whereas pursuant to WAC 197-11-880 RCW 43.21C.450, the adoption of this interim zoning ordinance is exempt from the requirements of a threshold determination under the State Environmental Policy Act (SEPA) and future permanent zoning regulations will be reviewed in accordance with SEPA Rules; and” Section 1, E. ADA Parking, “Whenever parking is provided on-site, accessible parking shall be provided according to Table 1106.2 – Accessible Parking Spaces - of the International Building Code and unless as exempted above.” at least one accessible stall shall be installed for all new construction regardless of whether or not parking is provided. b. Long-Term Bicycle Parking, “ii. Standards. Required long-term bicycle parking shall be: (A) Provided in racks or lockers that meet the standards of subsection (D)(F)(3)(c) of this section; (B) Located on the site or in an area where the closest point is within 300 feet of the site; (C) Covered. At least 50 percent of required long-term bicycle parking shall be covered and meet the standards of subsection (D)(F)(3)(c) (Covered Bicycle Parking) of this section; and” City of Bellingham Regular City Council Meeting Page 2 of 11 1/13/2025 Minutes  Jace Cotton / Michael Lilliquist moved to table amendments until the third and final reading of the ordinance. MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor. 24387 1. Mayor's Appointment to the Mayor's Neighborhood Advisory Commission p. 104 (Information) Mayor Lund appointed Stella Keating as the WWU Student Representative to the Neighborhood Advisory Commission, which will expire on December 12, 2026. 24388 2. Mayor's Reappointments to the Bellingham-Whatcom County Commission on Sexual p. 107 and Domestic Violence (Information) Mayor Lund reappointed Annie Taylor to her first full term and Beth Boyd to her second term on the Bellingham-Whatcom County Commission on Sexual and Domestic Violence, which both will expire on January 31, 2029. 24389 3. Mayor's Appointment to the Bellingham-Whatcom Public Facilities District p. 112 (Approval) Mayor Lund appointed Mark Asmundson to his first term on the Bellingham-Whatcom Public Facilities District that will expire on January 13, 2029. Lisa Anderson / Michael Lilliquist moved to recommend approval of Mark Asmundson to his first term on the Bellingham-Whatcom Public Facilities District that will expire on January 13, 2029. MOTION CARRIED 7-0. 24390 4. Mayor's Appointment to the Bellingham Public Library Board of Trustees (Approval) p. 115 Mayor Lund appointed Shirin Deylami to a first term on the Bellingham Public Library Board of Trustees, which will expire on February 9, 2030. Lisa Anderson / Edwin H. "Skip" Williams moved to recommend approval of Shirin Deylami to a first term on the Bellingham Public Library Board of Trustees, which will expire on February 9, 2030. MOTION CARRIED 7-0. 24391 5. Mayor's Appointment of Robert Wright to the Design Review Board (Approval) p. 126 Mayor Lund appointed Robert Wright to a first partial term on the Design Review Board, which will expire on September 25, 2027. City of Bellingham Regular City Council Meeting Page 3 of 11 1/13/2025 Minutes  Lisa Anderson / Edwin H. "Skip" Williams moved to recommend approval of Robert Wright to a first partial term on the Design Review Board, which will expire on September 25, 2027. MOTION CARRIED 7-0. Mayor Lund reiterated the administration's commitment to advocating for the City during the Washington State Legislative Session. The City’s legislative priorities and more information are available online. Mayor Lund is focused on creating a welcoming space at City Hall and during public meetings. New security screenings are now in place for Council meetings. More information is available online. Mayor Lund highlighted upcoming Martin Luther King Day celebrations this weekend, including the Dr. Martin Luther King, Jr. Day of Service on January 18th at Bellingham High School. Learn more online. 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, Jace Cotton 24392 1. Aquatic Invasive Species Program - Revised Permit Fees p. 132 Joel Pfundt, Interim Public Works Co-Director, Renee LaCroix, Assistant Director of Natural Resources, and Michael Parelskin, Natural Resources Field Manager, provided an overview of the Aquatic Invasive Species (AIS) Program and revisions to the permit fee structure. Council Members discussed the program and asked questions. 24393 2. R.G. Haley Site Cleanup - Model Toxics Control Act (MTCA) Remedial Action Grant p. 157 Acceptance Joel Pfundt, Interim Public Works Co-Director, Craig Mueller, Project Engineer, and Amy Kraham, Assistant City Attorney, presented an overview of the R.G. Haley Site Clean-up project and $11,622,085 in grant funding from the Department of Ecology Model Toxics Contract Act Remedial Action fund. The project includes upland capping, nearshore capping and armoring with a soil cap, in-water soil capping and eelgrass mitigation. Council Members discussed the clean-up and grant funding and asked questions. Hannah Stone / Jace Cotton moved to recommend approval of the agreement with the Washington State Department of Ecology for the Toxic Cleanup Remedial Action Grant Funds. City of Bellingham Regular City Council Meeting Page 4 of 11 1/13/2025 Minutes  MOTION CARRIED 7-0. 24394 3. Interagency Agreement Between City of Bellingham and Nooksack Indian Tribe to p. 187 Fund Preliminary Design of High Priority Fish Passage Projects Joel Pfundt, Interim Public Works Co-Director, and Renee LaCroix, Assistant Director of Natural Resources, presented the Interlocal Agreement (ILA) between the City and Nooksack Indian Tribe to fund preliminary designs for high priority fish passage projects. The Nooksack Tribe is providing $300,000 of National Oceanic and Atmospheric Agency (NOAA) grant funding to assist with fish passage barrier removal projects. The City will contribute $90,000 to the project. Council Members discussed the ILA and asked questions. Hannah Stone / Michael Lilliquist moved to recommend approval of the Interlocal Agreement between with the Nooksack Indian Tribe for 2025 Fish Passage, Preliminary Design Phase. MOTION CARRIED 7-0. Public Health, Safety, Justice, and Equity 1:00 PM Daniel Hammill, Chair Edwin H. "Skip" Williams, Michael Lilliquist 24395 1. Presentation on Mobile Medical Units p. 198 Malora Christensen, Whatcom County Health and Community Services Response Systems Manager, Dr. Bryce Parent, Chief Medical Officer at the Didgwálič Wellness Center, and Erik Ostergaard, SUD Clinical Supervisor, presented on the expansion of opioid treatment services in Whatcom County. Beginning in 2025, two mobile medical units purchased and operated by the Swinomish Indian Tribe will provide opioid addiction treatment services at 2028 Division Street in Bellingham. Council Members discussed the mobile units, expressed gratitude to the Swinomish tribe for their generosity and partnership, and asked questions. Committee Of The Whole 1:35 PM Hollie Huthman, Chair Hannah Stone, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton 24396 1. Interlocal Jail Facility Use Agreement for Correctional Services between Whatcom p. 199 County and the City of Bellingham Police Chief Mertzig provided an overview of the two-year Interlocal Agreement (ILA) with Whatcom County for use of their correctional facilities. Council Members discussed the ILA and asked questions. Hollie Huthman / Edwin H. "Skip" Williams moved to recommend approval of the Interlocal Jail Facility Use Agreement with Whatcom County. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 5 of 11 1/13/2025 Minutes 24397 2. An Ordinance Regarding Temporary Right of Way Use Permits Amending Chapter p. 222 13.14 of the Bellingham Municipal Code Blake Lyon, Planning and Community Development Director, Darby Galligan, Senior Planner, and Blake Ly Matt Stamps, Assistant City Attorney, presented on the draft ordinance regarding temporary right- Matt St of-way use permits for streateries or structures within on-street parking areas that provide outdoor of-way restaurant dining space. The ordinance amends BMC 13.14 to define "streatery", establishes an restaura annual use fee, and imposes leasehold excise tax for uses of thirty or more continuous days in annual u accordance with Washington State law. Council Members discussed the ordinance and the role of accorda streateries, and asked questions. Council President Huthman recused herself for the discussion and streater vote, with Council President Pro Tempore Williams presiding over the agenda item. vote, w Edwin H. "Skip" Williams / Daniel Hammill moved for first and second reading. MOTION CARRIED 6-0. RESCUSED: Hollie Huthman 24398 3. A Resolution Adopting a Revised Fee Schedule for Temporary Right of Way Use p. 249 Permits Under Chapter 13.14 of the Bellingham Municipal Code Blake Lyon, Planning and Community Development Director, Darby Galligan, Senior Planner, and Blake Ly Matt Stamps, Assistant City Attorney, presented on the draft resolution, which adopts a revised fee Matt St schedule for temporary right-of-way use permits for streateries or structures within on-street schedul parking areas that provide outdoor dining space. Council Members discussed the resolution and parking asked questions. Council President Huthman recused herself for the discussion and vote, with asked q Council President Pro Tempore Williams presiding over the agenda item. Council Edwin H. "Skip" Williams / Daniel Hammill moved final approval of Resolution #2025-01. MOTION CARRIED 6-0. RESCUSED: Hollie Huthman 24399 4. A Resolution Requesting the United States Congress and the President Pass and Sign p. 260 Legislation Creating a National Infrastructure Bank Council Member Anderson presented the draft resolution, which expresses support to federal and state branches of government to create a national infrastructure bank. Council Members discussed the resolution and asked questions. Hollie Huthman / Lisa Anderson moved final approval of Resolution #2025-02. MOTION CARRIED 7-0. 24400 5. City Council Regular Meeting Security Screening Measures p. 264 City of Bellingham Regular City Council Meeting Page 6 of 11 1/13/2025 Minutes  Mayor Lund, Janice Keller, Deputy Administrator, Joel Pfundt, Interim Public Works Co-Director, and John Kohlman, President of Homeland Security Operations LLC, provided an update on security screening measures which will be in place at City Council regular evening meetings effective January 13, 2025. Council Members discussed the security screenings and asked questions. 6. Old/New Business Council Member Michael Lilliquist shared that the severe weather shelter is open and encouraged Whatcom County to continue supporting the program. Council Member Michael Lilliquist announced the next countywide Comprehensive Planning meeting will be held at the Ferndale City Hall Annex on January 23rd at 3pm. Executive Session 2:40 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 Lake Whatcom Watershed property acquisition totaling 8.75 acres with one potential development unit. 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, Sanday, LLC, with a purchase price of $500,000 and with closing to occur on or around February 28, 2025. MOTION CARRIED 7-0. 2. Potential Property Acquisition (Stamps, approx. 3 min.) Staff provided information on a potential Lake Whatcom Watershed property acquisition totaling 7.97 acres with one potential development unit. 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 owners, Stephanie and Gregory Corcoran, with a purchase price of $507,500 and with closing to occur on or around February 28, 2025. MOTION CARRIED 7-0. 3. Labor Relations: Review Contract Proposal for What-Comm Dispatcher’s Guild (Sullivan, approx. 5 min.) Staff provided information on the proposed 2025-2026 collective bargaining agreement between the City and the What-Comm Dispatchers Guild. City of Bellingham Regular City Council Meeting Page 7 of 11 1/13/2025 Minutes  Daniel Hammill / Edwin H. "Skip" Williams moved to ratify the agreement reached with the following general terms: DURATION: January 1, 2025 through December 31, 2026 WAGES AND COMPENSATION: • Effective January 1, 2025: 4% COLA • Effective January 1, 2026: 3% COLA • Effective following full ratification, implement longevity premiums for 5, 10, 15, and 20 years of service • In conjunction with implementation of the longevity premiums, eliminate the 3% master dispatcher premium, 2% service quality step at 10 years and 2% service quality step at 20 years • Effective following full ratification, increase the employer match to deferred compensation to 2% • Effective following full ratification, increase shift differential from $0.60 to $0.85 for the swing shift MEDICAL INSURANCE: • Increase the employer contribution to medical insurance by 6% each year MOTION CARRIED 7-0. 4. Potential Litigation (Chaplin, approx. 15 min.) - ITEM ADDED 1.9.25 Staff provided information on a potential litigation matter. 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. 24401 1. Approval of the 12/9/2024 City Council Committee and Regular Meeting Minutes p. 265 24402 2. Approval of the 12/16/2024 City Council Committee and Regular Meeting Minutes p. 284 24403 3. Authorization of Payroll Labor Cost Payments Dated December 1, 2024 to December p. 299 15, 2024 24404 4. Authorization of A/P Transactions Issued December 06, 2024 through December 12, p. 300 2024 24405 5. Authorization of A/P Transactions Issued December 13, 2024 through December 19, p. 301 2024 City of Bellingham Regular City Council Meeting Page 8 of 11 1/13/2025 Minutes 24406 6. Authorization of A/P Transactions Issued December 20, 2024 through December 27, p. 302 2024 24407 7. Authorization of A/P Transactions Issued December 28, 2024 through January 02, p. 303 2025 24408 8. Interlocal Agreement with Whatcom County for the Home Electrification Appliance p. 304 Rebate (HEAR) Program 24409 9. Interagency Agreement between the Washington Traffic Safety Commission and the p. 312 Bellingham Police Department 24410 10. A Resolution Setting the Date and Time for a Public Hearing Before the Hearing p. 331 Examiner for Consideration of a Street Vacation Petition for "Army Street" Located Between W. Holly Street and Roeder Avenue in the Old Town Urban Village Michael Lilliquist / Edwin H. "Skip" Williams moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 24375 1. An Ordinance of the City of Bellingham, WA Relating to Land Use and Zoning, p. 335 Adopting Interim Zoning Regulations to Eliminate Minimum Automobile Parking Requirements and Establishing Consistent Bicycle Parking Standards Citywide Hannah Stone / Edwin H. "Skip" Williams moved approval for third and final reading. Jace Cotton / Michael Lilliquist moved to amend the ordinance, Revise the third Whereas clause on page 2, “Whereas pursuant to WAC 197-11-880 RCW 43.21C.450, the adoption of this interim zoning ordinance is exempt from the requirements of a threshold determination under the State Environmental Policy Act (SEPA) and future permanent zoning regulations will be reviewed in accordance with SEPA Rules; and” Section 1, E. ADA Parking, “Whenever parking is provided on-site, accessible parking shall be provided according to Table 1106.2 – Accessible Parking Spaces - of the International Building Code and unless as exempted above.” at least one accessible stall shall be installed for all new construction regardless of whether or not parking is provided. b. Long-Term Bicycle Parking, “ii. Standards. Required long-term bicycle parking shall be: City of Bellingham Regular City Council Meeting Page 9 of 11 1/13/2025 Minutes  (A) Provided in racks or lockers that meet the standards of subsection (D)(F)(3)(c) of this section; (B) Located on the site or in an area where the closest point is within 300 feet of the site; (C) Covered. At least 50 percent of required long-term bicycle parking shall be covered and meet the standards of subsection (D)(F)(3)(c) (Covered Bicycle Parking) of this section; and” AMENDMENT CARRIED 6-1. OPPOSED: Lisa Anderson Michael Lilliquist / Lisa Anderson moved to amend Section 1 of the ordinance, “B. Applicability. This section applies to all land uses in all areas of the City, provided that any proposed development project in a Residential area is located on or abutting a street 1. with a continuous pedestrian path (e.g., a sidewalk) on at least one side of the street at time of project completion, and 2. with available on-street parking on both sides of the street at time of project completion.” AMENDMENT FAILED 0-7. OPPOSED: Hollie Huthman, Hannah Stone, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton Edwin H. "Skip" Williams / Daniel Hammill moved to call the question. MOTION FAILED 3-4. OPPOSED: Hollie Huthman, Hannah Stone, Lisa Anderson, Michael Lilliquist Upon completion of Council discussion and amendments, said bill was placed on final passage and approved by the following roll call vote: AYES: Huthman, Stone, Hammill, Williams, Cotton NAYS: Anderson, Lilliquist EXCUSED: (None) AMENDED MOTION CARRIED 5-2 and was thereafter named Ordinance #2025-01-001. OPPOSED: Lisa Anderson, Michael Lilliquist Public Comment Period City Council heard public comments from seven individuals. City Cou To access the recording visit, Public Comment Period Recordings - City of Bellingham. To acce City of Bellingham Regular City Council Meeting Page 10 of 11 1/13/2025 Minutes Adjournment There being no further business, the meeting adjourned at 10:50pm. Hollie Huthman, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 1/27/2025 City of Bellingham Regular City Council Meeting Page 11 of 11 1/13/2025 Minutes