Work in progress: Bellingham City Council 2023 searchable meeting minutes / Noisy Waters Northwest

February 18, 2023 Dena Jensen

In this post – which will be a work in progress during the course of this year – you’ll find the content of the City of Bellingham’s City Council regular meeting minutes that have been approved so far for 2023, here in one place. This allows folks to search on things like key words, topics, dates, public hearings, and people’s names. For each meeting date, a link is also provided near the top of that edition of minutes to access the agenda and media associated with that particular meeting.

Meanwhile, I recently was informed that both the City of Bellingham and Whatcom County websites offer a search function that will search the content for all meetings, including documents attached to the meetings. When I tried those options out, I found that there were advantages (the links to documents and other meeting materials that you might not have thought to look for) and drawbacks (slower result response times and maybe more info/distractions than you want, or the opposite: missed info that searches on my posts might manage to catch.) So if you can’t find what you’re looking for here, go there, and vice versa.

Here are the links for those options:

City of Bellingham: https://meetings.cob.org/meetings?fbclid=IwAR1pKVHTcjG9s6U-qaomvivQJxu74i3PVa8fYNbsLMxHlPypWhC82Sz70lA

Whatcom County: https://whatcom.legistar.com/Calendar.aspx?fbclid=IwAR2vtIEDKYL9p9u45RXEMEG8bY6cBcyNfbMeO6MvzQ99JblsKv2Clr_hLNo

Here is a link to a new page on Noisy Waters Northwest that provides links to all the years of searchable meeting minutes I have posted so far: https://noisywatersnw.com/searchable-minutes/

Prior to this post, two years worth of Whatcom County Council regular meeting minutes (2021 and 2022) and one year of Bellingham City Council regular meeting minutes (2022), along with one year of the City Council’s meeting summaries (2021) have been posted here on Noisy Waters Northwest. In addition, there is one year (2022) of meeting minutes posted for Bellingham City Council’s Committee of the Whole.

This post continues to build on a project of assembling local government meeting minutes into year-long batches that can be searched for material like a topic, presentation, person in attendance, or actions of the members of the body that is meeting.

This election year there are lots of Whatcom County and municipal positions to be filled. So it seems like a good time to make the resources we have to observe existing government officials’ positions and actions more easily accessible and effectively useful, when possible. 

Holding down both the Control and F keys on a Windows computer keyboard at the same time, or holding down both the Command and F keys on an Apple computer keyboard at the same time, should give people a search field to enter words and phrases to look for. 

The meeting minutes of regular Council meetings also reflect topics of discussion for committee meetings throughout the day before the regular meeting, so people can seek out video from those committee meetings that haven’t been shared here yet, to view more extensive Council Member discussion and staff presentations. Meanwhile, I will be working on posting searchable years of committee meetings. I will be starting with Committee of the Whole meetings for 2021 and 2022.

Here is the link to the Bellingham City Council Meetings webpage where you can find more information related to City Council and committee meetings: https://meetings.cob.org/

Here is the link to the Whatcom County Council Meeting Information webpage, where you can find more information related to County Council and committee meetings: https://whatcom.legistar.com/Calendar.aspx


Searchable 2023 Bellingham City Council meeting minutes

City of Bellingham

City Council Regular Meeting Minutes January 9, 2023, 7:00 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2838&doctype=1 ]

  Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org

Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

All meetings are held in the City Hall Council Chambers at 210 Lottie Street, Bellingham, WA, unless otherwise noted. Please note the doors to City Hall unlock at 6:30 PM.

   The City Council Regular meeting was called to order by Council President Lilliquist at 7:00pm.

Announcements & Upcoming Meetings:

Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act.

1. On January 23, 2023, the Council will hold a public hearing on consideration of amendments to Bellingham Municipal Code Titles 20 and 21 for purposes of improving accessory dwelling unit (ADU) standards, permitting process, affordability, and consistency with state legislation.

Roll Call

Present:

Council President Michael Lilliquist, Sixth Ward

Council Member Hannah Stone, First Ward

Council Member Hollie Huthman, Second Ward

Council Member Daniel Hammill, Third Ward

Council Member Edwin H. “Skip” Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward

Council Member Kristina Michele Martens, At Large

Mayor’s Report

Standing time for briefings, updates, and reports to Council by the Mayor, if needed.

23584 1. Mayor’s Reappointment to the Whatcom Museum Foundation Board (Approval)

Mayor Fleetwood reappointed Robert Camandona to his fourth term, which will expire on January 27, 2026, at which time he may be reappointed.

p. 6

City of Bellingham Regular City Council Meeting Page 1 of 7 1/9/2023 Minutes

23585

MOTION CARRIED 7-0.

2. Mayor’s Reappointment to the Planning and Development Commission (Approval)

Mayor Fleetwood reappointed Mike Estes to his final term, which will expire on January 1, 2027.

Hollie Huthman / Edwin H. “Skip” Williams moved to recommend approval of Mike Estes to the Planning and Development Commission.

MOTION CARRIED 7-0.

p. 8

23586

3. Mayor’s Reappointments to the Bellingham-Whatcom County p. 10 Commission on Sexual and Domestic Violence (Information)

Mayor Fleetwood reappointed Chris Roselli to his second term, which will expire on January 31, 2027, at which time he may be reappointed.

Mayor Fleetwood reappointed Christina Kobdish to her first full term, which will expire on January 31, 2027, at which time she may be reappointed.

Mayor Fleetwood highlighted that January 9th is National Law Enforcement Appreciation Day and expressed gratitude to Chief Mertzig and the Bellingham Police Department. He also discussed two events in honor of Martin Luther King Jr. Day including a day of service, work party on January 14th at the Squalicum Park, learn more at cob.org/mlk2023, and a “Now is the Time” breakfast on January 16th, more details can be found at wwu.edu/mlk-service.

Lisa Anderson / Hollie Huthman moved to recommend approval of Robert Camadona to the Whatcom Museum Foundation Board.

  Council Standing Committee Meetings:

Committee Of The Whole 1:00 PM

Michael Lilliquist Chair

Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Kristina Michele Martens

Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time.

23587 1. Mayor’s Reappointment of Sharon Rice as the Hearing Examiner for p. 13 the City of Bellingham

City of Bellingham Regular City Council Meeting Page 2 of 7 1/9/2023 Minutes

23588

Alan Marriner, City Attorney, presented the contract to reappoint Sharon Rice as the City’s Hearing Examiner for her fourth term.

Michael Lilliquist / Hannah Stone moved to recommend reappointment of Sharon Rice as the City’s Hearing Examiner, with her new term expiring January 27, 2025.

MOTION CARRIED 7-0.

2. Bellingham Police Department Security Upgrades Bid Award, Project p. 20 #63B-2022

The City received three bids, which were publicly opened on November 29, 2022, for the Bellingham Police Department Security Upgrades Project.

Michael Lilliquist / Lisa Anderson moved to recommend approval of Award BID 63B- 2022 to Colacurcio Brothers, Inc for the Bellingham Police Department Security Upgrades Project.

MOTION CARRIED 7-0.

3. Memorandum of Understanding with North Sound Behavioral Health p. 25 Administrative Services

Brian Heinrich, Deputy Administrator, presented on the agreement with North Sound Region participating local governments and the North Sound Behavioral Health Administrative Services organization. The agreement will create the Opioid Abatement Council (OAC) to ensure compliance with the provisions of the settlement between the State of Washington and local jurisdictions in their lawsuits against the three largest pharmaceutical distributors of opioids in the nation.

Michael Lilliquist / Hollie Huthman moved to recommend approval of the Memorandum of Understanding between the North Sound Region participating local governments and the North Sound Behavioral Health Administrative Services organization.

MOTION CARRIED 7-0.

4. Approval of City Council Committee and Regular Meeting Minutes p. 30

Edwin H. “Skip” Williams / Hollie Huthman moved approval of the December 12, 2022 minutes of the regular City Council meeting as submitted.

MOTION CARRIED 7-0.

23596

23597

City of Bellingham Regular City Council Meeting Page 3 of 7 1/9/2023 Minutes

5. Old/New Business

Council Member Hammill also acknowledged National Law Enforcement Recognition Day and thanked law enforcement for their service to the community.

Council Member Martens expressed concerns about renter protections and would like a presentation to discuss City rental inspections with the Planning Department. The Planning Committee will discuss renter related issues including renter notification principles, review of the inspection program, renter protections for health and safety violations, and legislative work in Olympia in spring 2023.

Council Member Hammill would like a follow-up discussion with Public Works on the Washington State plastic ban and outreach and education plan with businesses. Public Works will return to Council in the upcoming months to discuss composting, recycling collection methodologies, and state requirements to use compost in City projects.

Executive Session 1:30

Closed to the public. Report in the Regular Meeting only:

1. Litigation: Bornstein Seafoods, Inc v. City of Bellingham and Port of Bellingham (Kraham approx 5 min)

Edwin H. “Skip” Williams / Daniel Hammill moved to authorize the Mayor to enter into settlement agreements with Bornstein Seafood and the Port of Bellingham, including a $325,000 payment to Bornstein Seafood.

MOTION CARRIED 7-0.

2. Labor Relations: Review Contract Proposal for Teamsters Local 231 (Monahan approx 5 min)

Lisa Anderson / Edwin H. “Skip” Williams moved to ratify the agreement reached with the following general terms:

DURATION: January 1, 2023 through December 31, 2023.

WAGES AND COMPENSATION:

• Effective January 1, 2023 – 3% COLA with an additional 4% market adjustment for a total wage increase of 7%

• Increased standby pay to $20.00 per day

• Increased deferred compensation match to 2.5%

• Adding Juneteenth holiday

City of Bellingham Regular City Council Meeting 1/9/2023 Minutes

Page 4 of 7

MEDICAL INSURANCE:

• For 2023, maintain current language to increase the City’s contribution to Medical Health Care by 5%.

All other aspects of the agreement remain unchanged.

MOTION CARRIED 7-0.

3. Labor Relations: Review Contract Proposal for AFSCME 114 L (Monahan approx 5 min)

Edwin H. “Skip” Williams / Lisa Anderson moved to ratify the agreement reached with the following general terms:

DURATION: January 1, 2023 through December 31, 2024.

WAGES AND COMPENSATION:

• Effective January 1, 2023 – 3% COLA with an additional 2% market adjustment for a total wage increase of 5%

• Effective January 1, 2024 – 3% COLA (match E-Team and/or Teamsters 231 if either receives greater than 3% increase including both COLA and any market adjustment)

• One time recognition bonus of $1,000

• Added longevity premiums of 1% at 10 years and 2% at 20 years

• Eliminated overtime pay and the perfect attendance bonus and increased

compensatory time banks

• Adding Juneteenth holiday

MEDICAL INSURANCE:

• For 2023, maintain current language to increase the City’s contribution to Medical Health Care by 5%

• For 2024, the City’s contribution to Medical Health Care will increase to 6%. All other aspects of the agreement remain unchanged.

MOTION CARRIED 7-0.

4. Litigation: Eldard v. City of Bellingham et. al. (Good approx 10 min)

Staff provided information on a litigation matter. For information and discussion. No action taken.

City of Bellingham Regular City Council Meeting Page 5 of 7 1/9/2023 Minutes

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.

23589 1.

23590 2.

23591 3.

23592 4.

23593 5.

23594 6.

23595 7.

Authorization of Payroll Labor Cost Payments Dated November 16, 2022 to November 30, 2022

Authorization of Payroll Labor Cost Payments Dated December 1, 2022 to December 15, 2022

Authorization of A/P Transactions Issued December 01, 2022 through December 08, 2022

Authorization of A/P Transactions Issued December 08, 2022 through December 15, 2022

Authorization of A/P Transactions Issued December 15, 2022 through December 22, 2022

Authorization of A/P Transactions Issued December 22, 2022 through December 29, 2022

Amendment to Interlocal Cooperation Agreement

p. 48

p. 49

p. 50

p. 51

p. 52

p. 53

p. 54

23567

1. An Ordinance Amending Bellingham Municipal Code (BMC) Title 20 to Improve Design Review Standards and Adopt New Guidelines For New and Existing Development in Urban Villages

p. 56

Daniel Hammill / Edwin H. “Skip” Williams moved approval of the Consent Agenda in its entirety.

MOTION CARRIED 7-0.

Final Consideration of Ordinances

Daniel Hammill / Hannah Stone 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: Lilliquist, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None)

EXCUSED: (None)

MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-01-001.

City of Bellingham Regular City Council Meeting 1/9/2023 Minutes

Page 6 of 7

23573

2. An Ordinance Accepting the Donation of Real Property from Susan p. 206 Braman

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: Lilliquist, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None)

EXCUSED: (None)

MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-01-002. Adjournment

There being no further business, the meeting adjourned at 7:41pm.

Michael Lilliquist, Council President

ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 1/23/2023

  City of Bellingham Regular City Council Meeting 1/9/2023 Minutes

Page 7 of 7

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City of Bellingham

City Council Regular Meeting Minutes January 23, 2023, 7:00 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2839&doctype=2 ]

  Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org

Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

All meetings are held in the City Hall Council Chambers at 210 Lottie Street, Bellingham, WA, unless otherwise noted. Please note the doors to City Hall unlock at 6:30 PM.

   The City Council Regular meeting was called to order by Council President Lilliquist at 7:00pm.

Announcements & Upcoming Meetings:

Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act.

1. On February 13, 2023, the Council will hold a public hearing on a proposed legislative rezone to create a new subarea, Area 8A, in the South Neighborhood.

Roll Call

Present:

Council President Michael Lilliquist, Sixth Ward

Council Member Hannah Stone, First Ward

Council Member Hollie Huthman, Second Ward

Council Member Daniel Hammill, Third Ward

Council Member Edwin H. “Skip” Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward

Council Member Kristina Michele Martens, At Large

Public Hearing

23608 1. Public Hearing for Consideration of an Ordinance Amending p. 6 Accessory Dwelling Unit Regulations and Process

Chris Koch, Planner, and Blake Lyon, Director, Planning and Community Development, presented on the proposed amendments to Bellingham Municipal Code Titles 20 and 21 for purposes of improving accessory dwelling unit (ADU) standards, permitting process, affordability, and consistency with state legislation.

President Lilliquist opened the Public Hearing.

City of Bellingham Regular City Council Meeting Page 1 of 7 1/23/2023 Minutes

27 members of the public spoke at the Public Hearing. President Lilliquist closed the Public Hearing.

The written record will remain open for public comment until Council takes action on the proposed ordinance. Council requested follow-up discussion.

Lisa Anderson / Daniel Hammill moved to recommend additional discussion of the ordinance at the Planning Committee.

MOTION CARRIED 7-0.

Mayor’s Report

Standing time for briefings, updates and reports to Council by the Mayor.

23609 1. Mayor’s Reappointment of Melissa Morin to the Bellingham Public p. 248 Library Board of Trustees (Approval)

Mayor Fleetwood reappointed Melissa Morin to her first full term, which will expire on February 12, 2028, at which time she may be reappointed.

Kristina Michele Martens / Hollie Huthman moved to recommend approval of Melissa Morin to the Bellingham Public Library Board of Trustees.

MOTION CARRIED 7-0.

23610 2. Mayor’s Appointment to the Mayor’s Neighborhood Advisory p. 254 Commission (Information)

Mayor Fleetwood appointed Kerry Topaz as the Columbia Neighborhood Primary Representative to her first partial term, which will expire on February 14, 2024, at which time she may be reappointed.

23611 3. Mayor’s Reappointment of Ryan Wood to the Community p. 259 Development Advisory Board (Information)

Mayor Fleetwood reappointed Ryan Wood to his first full term, which will expire on January 24, 2026, at which time he may be reappointed.

Mayor Fleetwood shared he attended the opening ceremony of Corvus Energy, a Norwegian company which will be operating a battery factory in Bellingham.

Mayor Fleetwood announced a one-year extension of the HomesNOW contract through January 29, 2024 for the Unity Village encampment in Fairhaven. In 2020, City

City of Bellingham Regular City Council Meeting Page 2 of 7 1/23/2023 Minutes

Council amended the code to allow operators of temporary encampments to request up to three, one-year extensions, provided they were in compliance with their original permit conditions.

Mayor Fleetwood recognized the recent passing of David Warren and expressed gratitude for his work as a Civil Service Commissioner for 27 years.

Council Standing Committee Meetings:

Public Works and Natural Resources 1:00 PM

Hannah Stone, Chair

Lisa Anderson, Kristina Michele Martens

23603 1. An Ordinance Amending the Bellingham Municipal Code Authorizing p. 263 Employees of the Public Works Department to Enforce Non-Criminal

Parking Regulations

Eric Johnston, Public Works Director, introduced the proposed ordinance, which authorizes Public Works Department staff to enforce parking regulations, in addition to the Bellingham Police Department (BPD). The proposal helps the BPD remain focused on high priority criminal enforcement and enhances Public Work’s management of parking operations.

Hannah Stone / Lisa Anderson moved for first and second reading.

MOTION CARRIED 7-0.

23604 2. An Ordinance Establishing City Policy for the Procurement of Compost p. 270 for Use in City Projects

Eric Johnston, Public Works Director, introduced the proposed ordinance. In 2022, the State Legislature enacted House Bill 1799 concerning organic materials management, which requires cities like Bellingham to adopt a compost procurement ordinance as specified in RCW 43.19A.150. The ordinance requires the use of compost in City projects where appropriate.

Hannah Stone / Edwin H. “Skip” Williams moved for first and second reading.

MOTION CARRIED 7-0.

Public Health, Safety, and Justice 1:30 PM

Daniel Hammill, Chair

Hollie Huthman, Edwin H. “Skip” Williams

City of Bellingham Regular City Council Meeting 1/23/2023 Minutes

Page 3 of 7

23599 1. Amendment to Interlocal Agreement for Advanced Life Support p. 277 Services

Dave Pethick, Assistant Fire Chief, introduced the amendment to the Interlocal Agreement. In December of 2017, the City and County entered into an agreement to provide funding for County-Wide Advanced Life Support (ALS) services as envisioned in the EMS Levy Plan. In 2022, the EMS Levy was revised and approved by voters.

The proposed amendment to the original Interlocal Agreement provides an increase in the per medic unit cost from $2.2 million in 2022 to $2.5 million and increases the cost for the EMS supervisor unit from $728,991 in 2022 to $999,876 in 2023. The amendment also adds a fourth medic unit to the City of Bellingham (the fifth unit county-wide).

Daniel Hammill / Edwin H. “Skip” Williams moved to recommend approval of the amendment to the Interlocal Agreement for Advanced Life Support Services.

MOTION CARRIED 7-0.

23600 2. Interlocal Agreement with Whatcom County for Training of Lateral p. 282 Paramedics

Dave Pethick, Assistant Fire Chief, introduced the proposed extension of the Interlocal Agreement. In December 2021, Council approved an Interlocal Agreement with Whatcom County to provide funding for 2022 training of lateral paramedics. During 2022, three trainings for lateral medics were completed with an additional six in process. An extension of the contract will allow the medics to complete their training, which began in 2022.

Daniel Hammill / Hollie Huthman moved to recommend approval of extending the Interlocal Agreement with Whatcom County for Training of Lateral Paramedics.

MOTION CARRIED 7-0.

23601 3. Extension of Interlocal Agreement for Community Paramedicine p. 287

Dave Pethick, Assistant Fire Chief, introduced the proposed amendment to the Interlocal Agreement. In August 2019, the City Council approved Contract 2019-0486, an Interlocal Agreement with Whatcom County for the City to provide Community Paramedic Services. In February of 2021 the contract was amended to increase the amount of funding and extend the contract through December 2022. The proposed amendment again increases the amount of funding from $360,000 in 2022 to $419,450 in 2023 and extends the life of the contract for an additional year.

City of Bellingham Regular City Council Meeting Page 4 of 7 1/23/2023 Minutes

Daniel Hammill / Lisa Anderson moved to recommend approval of the amendment to the Interlocal Agreement for Community Paramedicine.

MOTION CARRIED 7-0.

23602 4. Interlocal Agreement for Paramedic Training School p. 292

Dave Pethick, Assistant Fire Chief, introduced the Interlocal Agreement. The Fire Department partners with Whatcom County and Bellingham Technical College to provide paramedic training. This Interlocal Agreement provides for instructor reimbursements and supply costs associated with the Fire Department teaching the class and backfill for the Fire Department’s students that are attending the class.

Daniel Hammill / Edwin H. “Skip” Williams moved to recommend approval of the Interlocal Agreement for Paramedic Training school costs.

MOTION CARRIED 7-0.

Parks and Recreation 1:45 PM

Edwin H. “Skip” Williams, Chair Hollie Huthman, Lisa Anderson

23598

1. Cornwall Beach Park Project Update and Park Name Recommendation

p. 301

Gina Austin, Project Engineer in Parks and Recreation, presented an update on the Cornwall Beach Park Project. In accordance with City Policy PAR 1.00.01, the Bellingham Parks and Recreation Advisory Board is recommending City Council adopt an official name of the 17-acre waterfront park currently known as Cornwall Beach Park to Salish Landing. The park was master planned in 2014 and Phase 1 engineering and permitting is underway, including design and installation of a new entrance sign featuring the new park name.

Edwin H. “Skip” Williams / Hollie Huthman moved to recommend approval of renaming the Cornwall Beach Park to Salish Landing.

MOTION CARRIED 7-0.

Committee Of The Whole 2:00 PM

Michael Lilliquist Chair

Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Kristina Michele Martens

City of Bellingham Regular City Council Meeting Page 5 of 7 1/23/2023 Minutes

23605 1. Discussion of City Council Response to Stakeholder Advisory p. 306 Committee Recommendations

President Lilliquist and Council Member Hammill discussed a draft letter from the City Council to the County Council regarding the Stakeholder Advisory Committee’s (SAC) recent recommendations. They requested members send any feedback and they will present a revised letter at the next Council meeting.

23606 2. Approval of City Council Committee and Regular Meeting Minutes p. 317

Edwin H. “Skip” Williams / Kristina Michele Martens moved approval of the January 9, 2023 minutes of the regular City Council meeting as submitted.

MOTION CARRIED 7-0.

23607 3. Approval of City Council Special Meeting Minutes p. 325

Kristina Michele Martens / Edwin H. “Skip” Williams moved approval of the January 4, 2023 minutes of the regular Council reorganization meeting as submitted.

MOTION CARRIED 7-0.

4. Old/New Business

Council Member Anderson remembered a beloved community member, John Ostby, who recently passed away.

Executive Session 2:25 PM

Closed to the public. Report in the Regular Meeting only:

1. Litigation: Eldard v. City of Bellingham et al. (Good, approx 5 min)

Staff provided information on a litigation matter.

Daniel Hammill / Edwin H. “Skip” Williams moved to authorize the Mayor to enter into a settlement agreement with the following terms: dismissal of the lawsuit and appeal, and resolution of all claims related thereto for payment to the plaintiff of $65,000.00.

MOTION CARRIED 7-0.

2. 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 6 of 7 1/23/2023 Minutes

3. 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.

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.

23612 1. 23613 2. 23614 3. 23615 4.

Authorization of Payroll Labor Cost Payments Dated December 16, 2022 to December 31, 2022

Authorization of A/P Transactions Issued December 30, 2022 through January 05, 2023

Authorization of A/P Transactions Issued January 06, 2023 through January 12, 2023

Utility Construction Agreement Between the City of Bellingham and WSDOT for Water Line Relocation

p. 333 p. 334 p. 335 p. 336

Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety.

MOTION CARRIED 7-0.

Adjournment

There being no further business, the meeting adjourned at 9:36pm.

Michael Lilliquist, Council President

ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 2/13/2023

City of Bellingham Regular City Council Meeting 1/23/2023 Minutes

  Page 7 of 7

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City of Bellingham

City Council Regular Meeting Minutes February 13, 2023, 7:00 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2856&doctype=1 ]

  Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

The City Council Regular meeting was called to order by Council President Lilliquist at 7pm.

Announcements & Upcoming Meetings:

Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act.

Roll Call

Present:

Council President Michael Lilliquist, Sixth Ward

Council Member Hannah Stone, First Ward

Council Member Hollie Huthman, Second Ward

Council Member Daniel Hammill, Third Ward

Council Member Edwin H. “Skip” Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward

Council Member Kristina Michele Martens, At Large

Public Hearing

Contact: (360) 778-8100, mayorsoffice@cob.org

Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

All meetings are held in the City Hall Council Chambers at 210 Lottie Street, Bellingham, WA, unless otherwise noted. Please note the doors to City Hall unlock at 6:30 PM.

   23616

1. A Public Hearing to Consider a Rezone of the Parcel Addressed as 331 Chuckanut Drive N (Parcel 370212 230367) in Area 8 of the South Neighborhood to Amend the City’s Adopted Zoning Map

Kathy Bell, Senior Planner, Planning and Community Development, presented a summary of a proposed rezone to create a new subarea, Area 8A, in the South Neighborhood Table of Zoning regulations with a Residential-Single zoning designation, a 7,200 square-foot density, a cluster use qualifier and to amend the City’s adopted zoning map.

The Public Hearing was opened by President Lilliquist. 5 members of the public spoke at the Public Hearing.

p. 6

City of Bellingham Regular City Council Meeting Page 1 of 8 2/13/2023 Minutes

The Public Hearing was closed by President Lilliquist.

Lisa Anderson / Daniel Hammill moved for first and second reading. MOTION CARRIED 7-0.

Mayor’s Report

Standing time for briefings, updates and reports to Council by the Mayor, if needed.

23617

23618

23619

1. Mayor’s Appointment of Colin Beazley to the Mayor’s Neighborhood Advisory Commission (Information)

p. 93

Mayor Fleetwood appointed Colin Beazley as the York Neighborhood Primary Representative to his first term, which will expire on January 30, 2024, at which time he may be reappointed.

2. Mayor’s Reappointment of Kelly Hart to the Tourism Commission (Information)

Mayor Fleetwood reappointed Kelly Hart to her fifth term, which will expire on December 31, 2024, at which time she may be

reappointed.

3. Mayor’s Appointment of Gene Knutson to the Civil Service Commission (Approval)

p. 97

p. 99

Mayor Fleetwood appointed Gene Knutson to his first partial term, which will expire on January 1, 2024, at which time he may be reappointed.

Daniel Hammill / Hannah Stone moved to recommend approval of Gene Knutson to the Civil Service Commission.

MOTION CARRIED 7-0.

Mayor Fleetwood invited the public and staff to the dedication ceremony for the new Pacific Street Operations Center on March 1st from 4pm-6pm. More details are available online.

Mayor Fleetwood announced that he is lifting his executive order requiring COVID-19 vaccinations for City of Bellingham employees, volunteers and on-site indoor contractors, effective February 13, 2023. More information is available online.

  City of Bellingham Regular City Council Meeting Page 2 of 8 2/13/2023 Minutes

Council Standing Committee Meetings:

Public Works and Natural Resources 1:00 PM

Hannah Stone, Chair

Lisa Anderson, Kristina Michele Martens

23620 1. Request for Sewer Service at 2357 Yew Street Road p. 102

The owners of the existing residence at 2357 Yew Street Road have been informed by the Whatcom County Health Department that the septic system that serves the residence has failed. The owners are requesting to enter into a contract with the City of Bellingham for retail sewer service outside City limits, which is allowed under BMC Chapter 15.36 when City Council determines that such service “is necessary to protect basic public health and safety and the environment.”

Hannah Stone / Lisa Anderson moved to recommend approval of the request for City sewer service at 2357 Yew Street Road.

MOTION CARRIED 7-0.

23621 2. IDIQ for Electrical Services 70B-2022 p. 118

The City of Bellingham solicited competitive bids to establish a public works contract for Indefinite Delivery Indefinite Quantity (IDIQ) electrical services, including planned maintenance as well as emergency and non-emergency repair work. The term of the on-call agreement will be three years, with the option to extend for one additional year and will not exceed the amount of $2,000,000.

Hannah Stone / Edwin H. “Skip” Williams moved to recommend approval of Mills Electric for the IDIQ Electrical Services agreement.

MOTION CARRIED 7-0.

Planning 1:10 PM

Lisa Anderson, Chair

Daniel Hammill, Edwin H. “Skip” Williams

23622

1. Work Session for Consideration of an Ordinance Amending Accessory Dwelling Unit Regulations and Process

p. 139

On January 23, 2023, City Council held a public hearing to consider amendments to Bellingham Municipal Code Titles 20 and 21 for purposes of improving accessory dwelling unit (ADU) standards, permitting process, affordability, and consistency with state legislation. Blake Lyon, Director, and Chris Koch, Planner from Planning and

City of Bellingham Regular City Council Meeting Page 3 of 8 2/13/2023 Minutes

Community Development, returned to address Council questions and provide additional information. Council will continue to discuss and refine the proposed ordinance.

Committee Of The Whole 2:10 PM

Michael Lilliquist Chair

Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Kristina Michele Martens

Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time.

23605 1. Discussion of City Council Response to Stakeholder Advisory p. 208 Committee Recommendations

President Lilliquist and Council Member Hammill returned with an updated draft letter from the City Council to the County Council regarding the Stakeholder Advisory Committee’s (SAC) recent recommendations. Council discussed the letter and made additional revisions.

Michael Lilliquist / Daniel Hammill moved to recommend approval of the letter as amended during the Committee of the Whole meeting.

MOTION CARRIED 7-0.

23623 2. Approval of City Council Committee and Regular Meeting Minutes p. 228

Daniel Hammill / Edwin H. “Skip” Williams moved approval of the January 23, 2023 minutes of the regular City Council meeting as submitted.

MOTION CARRIED 7-0.

3. Old/New Business

President Lilliquist recapped Council Member Martens’ request to discuss public restrooms across the City. Public Works and the Administration will be returning in the near future with a proposal for City Council’s review.

President Lilliquist announced a return to open public comment after regular City Council meetings beginning February 27, 2023 for 30 minutes. Individuals can sign-up ahead of time if desired and the discussion will be streamed and recorded via Zoom. Council Member Stone reminded the public about additional ways to provide comment including individual meetings, emails, and via Engage Bellingham.

City of Bellingham Regular City Council Meeting Page 4 of 8 2/13/2023 Minutes

Executive Session 2:25 PM

Closed to the public. Report in the Regular Meeting only:

1. Labor Relations: Review Contract Proposal for AFSCME Local 114 (Monahan, approx 5 mins)

Staff provided information on the proposed 2023-2024 collective bargaining agreement between the City and AFSCME, Local 114 (Prospect Dispatch).

Edwin H. “Skip” Williams / Lisa Anderson moved to ratify the agreement reached with the following general terms:

DURATION: January 1, 2023 through December 31, 2024. WAGES AND COMPENSATION:

 Effective January 1, 2023: 3% COLA with an additional 4% market adjustment for a total wage increase of 7%

 Effective January 1, 2024: 3% COLA

 Adding Juneteenth holiday

 Eliminated the Perfect Attendance Bonus and implemented a Sick Leave cash

out provision

 Eliminated Master Service Premium, modified the Telecommunicator

Certification Premium, and added a new EMT Certification Premium

 Created bargaining unit longevity steps consistent with the WhatComm unit

 $500 signing bonus

MEDICAL INSURANCE:

 For 2023, maintain current language to increase the City’s contribution to Medical Health Care by 5%.

 For 2024, increase the City’s contribution to Medical Health Care by 6%. MOTION CARRIED 7-0.

2. Potential Property Acquisition (Stamps, approx 5 min)

Staff provided information on the potential acquisition of a watershed parcel totaling 0.67 acres (parcel #370420 563399) with one potential development unit, owned by Valerie Greffard.

Hollie Huthman / Edwin H. “Skip” Williams moved to authorize the Mayor to close the real estate transaction described in the City’s executed purchase and sale agreement with Valerie Greffard with the following terms: Purchase of the property for $82,500, with closing to occur on or around February 24, 2023.

City of Bellingham Regular City Council Meeting Page 5 of 8 2/13/2023 Minutes

MOTION CARRIED 7-0.

3. Potential Litigation: Claim #2022-46 (Good, approx 5 min)

Staff provided information on a potential litigation matter. For information and discussion. No action taken.

4. Potential Litigation: Claim #2022-45 (Good, approx 5 min)

Staff provided information on a potential litigation matter.

Lisa Anderson / Edwin H. “Skip” Williams moved to authorize the Mayor to enter into a settlement agreement with the claimant with the following terms: Resolution of claim number 2022-45 for the payment of $100,208.88 to the claimant for damages related to a ruptured pipe.

MOTION CARRIED 7-0.

5. Litigation: DeBruin et al. v. City of Bellingham (Good, approx 10 min)

Staff provided information on a litigation matter.

Daniel Hammill / Hannah Stone moved to authorize the Mayor to enter into a contract with outside counsel to assist the City Attorney’s office in representing the City of Bellingham in this lawsuit.

MOTION CARRIED 7-0.

6. Litigation: Hanlon v. City of Bellingham (Erb, approx 10 min)

Staff provided information on a litigation matter.

Hollie Huthman / Edwin H. “Skip” Williams moved to authorize the Mayor to execute a negotiated settlement agreement with the plaintiff. The City will make a lump sum payment of $750,000 in exchange for dismissal with prejudice of the worker’s compensation appeal in Whatcom County Superior Court. The City’s contribution towards the settlement will be approximately $130,000; the balance will be paid by the City’s excess insurance carrier. The dismissal means that the Board’s order on appeal is affirmed and, consequently, the occupational disease claim is rejected.

MOTION CARRIED 7-0.

City of Bellingham Regular City Council Meeting Page 6 of 8 2/13/2023 Minutes

7. Potential Litigation (Erb, approx 10 min)

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.

23625 1. 23626 2. 23627 3.

Authorization of A/P Transactions Issued January 12, 2023 through January 19, 2023

Authorization of A/P Transactions Issued January 19, 2023 through January 26, 2023

Authorization of Payroll Labor Cost Payments Dated January 1, 2023 to January 15, 2023

p. 249 p. 250 p. 251

Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety.

MOTION CARRIED 7-0.

Final Consideration of Ordinances

23603 1. An Ordinance of the City of Bellingham, Washington, Regarding Parking Enforcement; Amending Titles 2 and 11 of the Bellingham Municipal Code

p. 252

Daniel Hammill / 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: Lilliquist, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None)

EXCUSED: (None)

MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-02-003.

23604 2. An Ordinance of the City of Bellingham, Washington Establishing City Policy for the Procurement of Compost for Use in City Projects: Adding a New Section to Chapter 4.80 of the Bellingham Municipal Code

City of Bellingham Regular City Council Meeting 2/13/2023 Minutes

p. 257

Page 7 of 8

Daniel Hammill / Hannah Stone 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: Lilliquist, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None)

EXCUSED: (None)

MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-02-004. Adjournment

There being no further business, the meeting adjourned at 8:19pm.

Michael Lilliquist, Council President

ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 2/27/2023

  City of Bellingham Regular City Council Meeting 2/13/2023 Minutes

Page 8 of 8

***************************************************************

City of Bellingham

City Council Regular Meeting Minutes February 27, 2023, 7:00 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2864&doctype=1 ]

  Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

The City Council Regular meeting was called to order by Council President Lilliquist at 7pm.

Announcements & Upcoming Meetings:

Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act.

1. The City Council will resume the Public Comment Period starting tonight. Public Comment will be held after the Council has completed its regular business and will be held for 30 minutes. Speakers who have pre-registered will be prioritized.

Roll Call

Present:

Council President Michael Lilliquist, Sixth Ward

Council Member Hannah Stone, First Ward

Council Member Hollie Huthman, Second Ward

Council Member Daniel Hammill, Third Ward

Council Member Edwin H. “Skip” Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward

Council Member Kristina Michele Martens, At Large

Mayor’s Report

Standing time for briefings, updates and reports to Council by the Mayor, if needed.

Contact: (360) 778-8100, mayorsoffice@cob.org

Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

All meetings are held in the City Hall Council Chambers at 210 Lottie Street, Bellingham, WA, unless otherwise noted. Please note the doors to City Hall unlock at 6:30 PM.

   23628

1. Mayor’s Reappointment of David Christensen to the Historic Preservation Commission (Approval)

p. 7

Mayor Fleetwood reappointed David Christensen to his eighth term, which will expire on March 1, 2026, at which time he may be reappointed.

Daniel Hammill / Lisa Anderson moved to recommend approval of David Christensen to the Historic Preservation Commission.

City of Bellingham Regular City Council Meeting Page 1 of 8 2/27/2023 Minutes

MOTION CARRIED 7-0.

23629 2. Mayor’s Reappointment of Kevin Geraghty to the Home p. 8 Rehabilitation Program Loan Review Board (Information)

Mayor Fleetwood reappointed Kevin Geraghty to his ninth term on the Home Rehabilitation Program Loan Review Board, which will expire on March 19, 2027, at which time he may be reappointed.

23630 3. Mayor’s Appointments to the Mayor’s Neighborhood Advisory p. 10 Commission (Information)

Mayor Fleetwood appointed Tara Stavik to her first partial term as the King Mountain Neighborhood Primary Representative, which will expire on December 27, 2023, at which time she may be reappointed.

Mayor Fleetwood appointed Michael Chrzastowski to his first partial term as the South Hill Neighborhood Primary Representative, which will expire on November 21, 2023, at which time he may be reappointed.

Mayor Fleetwood invited the public and staff to the dedication ceremony for the new Pacific Street Operations Center on March 1st from 4pm-6pm. More details are available online.

Mayor Fleetwood provided an update on hiring and recruitment efforts with the Bellingham Police Department. The City welcomed seven new recruits last week, a new officer recently graduated from the academy, and two officers were sworn in in December. The City is offering various hiring and retention bonuses.

 Council Standing Committee Meetings:

Public Works and Natural Resources 10:30 AM

Hannah Stone, Chair

Lisa Anderson, Kristina Michele Martens

23631 1. Report from the February 8, 2023 Lake Whatcom Policy Group Meeting

p. 15

Council Member Stone provided an update from the Lake Whatcom Policy Group meeting held on February 8, 2023. The Annual Joint Councils and Commission Meeting is set for March 29, 2023.

City of Bellingham Regular City Council Meeting Page 2 of 8 2/27/2023 Minutes

23632

2. Bid Award for Woburn Sanitary Sewer Replacement, EU190, BID #5B- p. 18 2023

Chad Schulhauser, Assistant Public Works Director Engineering, introduced the Woburn Sanitary Sewer Replacement project. The project will upsize and replace existing sanitary sewer main in a number of locations throughout Bellingham, including Woburn Street from Barkley to Texas and the 1600 block of Woburn, the 2200 block of Fraser, Barkley Boulevard from Newmarket to Woburn, the 2300 block of Yew Street, and in front of the Oak Street pump station. The City received four bids which were publicly opened on February 2, 2023.

Hannah Stone / Lisa Anderson moved to recommend approval of the bid award to Faber Construction #5B-2023.

MOTION CARRIED 7-0.

3. Proposed Resolution Regarding Single Stream Recycling and Organic p. 24 Materials Collection

The City of Bellingham contracts for collection and hauling of solid waste and recyclables with Sanitary Service Company (SSC). Based upon a recent pilot program, changes in the recycle commodity market, labor increases, and aging infrastructure, a revision to the contract is necessary. Mike Olinger, Assistant Public Works Director, Brandon Brubaker, Superintendent of Maintenance in Public Works Utilities, and Ted Carlson, General Manager at SSC, presented the draft resolution to propose modifying the contract to require all residential customers be provided organics collection (Food Plus!) and change the recycling hauling to single stream.

23645

Hannah Stone / Hollie Huthman moved final approval of Resolution #2023-01.

MOTION CARRIED 7-0.

Community and Economic Development 11:30 AM

Hollie Huthman, Chair

Hannah Stone, Kristina Michele Martens

23633

1. A Presentation by Western Washington University’s Small Business Development Center (WWU SBDC)

p. 31

Tara Sundin, Planning and Community Development, CJ Seitz, Director of the Western Washington University’s Small Business Development Center (WWU SBDC), and Dr. Liliana Deck, Business Advisor at SBDC, summarized the agency’s 2022 accomplishments, industry observations, and its new multilingual advising and outreach services.

City of Bellingham Regular City Council Meeting Page 3 of 8 2/27/2023 Minutes

Parks and Recreation 1:00 PM

Edwin H. “Skip” Williams, Chair Hollie Huthman, Lisa Anderson

23634

1. Greenways Annual Report 2022 p. 43

Nicole Oliver, Parks & Recreation Director, Peter Gill, Planning and Development Coordinator, and Laine Potter, Park Design and Development Manager, presented the annual Greenways Advisory Committee report. The Greenways Advisory Committee is charged with strategic oversight and recommendations regarding the use of Greenways funds. The presentation is available online.

 Committee Of The Whole 1:30 PM

Michael Lilliquist Chair

Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Kristina Michele Martens

23635

1. Proposed Ordinance Regarding Civil Service; Amending Chapter 3.16 of the Bellingham Municipal Code

p. 67

23641

Michael Lilliquist / Edwin H. “Skip” Williams moved for first and second reading.

MOTION CARRIED 7-0.

2. Agreement Between the Bellingham Police Department and Homeland Security Investigations for Reimbursement of Overtime

p. 73

Matt Stamps, Senior Assistant City Attorney, presented on the proposed ordinance. The ordinance would amend Chapter 3.16 to acknowledge that Municipal Court employees are no longer included within the City’s Civil Service System and authorizes the appointment of special counsel to serve as legal advisor to the Civil Service Commission.

Police Chief Mertzig presented on the agreement between the Bellingham Police Department and Homeland Security Investigations for reimbursement of overtime to do a joint operations for retail theft.

Michael Lilliquist / Edwin H. “Skip” Williams moved to recommend approval of the agreement between the Bellingham Police Department and Homeland Security Investigations for reimbursement of overtime to do a joint operations for retail theft under the condition that the administration add the following statement under Section III, “This is not for any immigration enforcement against undocumented people and is for the sole purpose of reimbursement for cost of retail theft operations.”

City of Bellingham Regular City Council Meeting Page 4 of 8 2/27/2023 Minutes

23636

MOTION CARRIED 7-0.

3. Ordinance Amending Rental Agreement Regulations p. 79

Blake Lyon, Director of Planning and Community Development, provided a summary of the proposed ordinance which modifies the Rental Agreement Requirements established in Section 6.12.020 of the Bellingham Municipal Code.

Michael Lilliquist / Daniel Hammill moved for first and second reading as amended during the Committee of the Whole meeting,

WHEREAS, movement between rental units can often require a significant amount of money in order to afford rental deposits, security deposits, pet deposits, moving expenses, utility fees, etc. By requiring notice of 120 days prior to any rental increase greater than 5 percent, the renter would be afforded an opportunity to save the necessary funds needed for the relocation efforts, and

Section 1. BMC 6.12.020

Any rental agreement or renewal of a rental agreement for a residential rental unit in the city of Bellingham entered into after the effective date of this chapter shall include or shall be deemed to include a provision requiring a minimum of 120 days’ prior written notice whenever the periodic or monthly housing costs to be charged a tenant are to increase. by 5 percent or more over the periodic or monthly rental rate charged the same tenant for the same housing unit and same services for any period or month during the preceding 12-month period.

MOTION CARRIED 7-0.

4. Work Session for Consideration of Rental Protection Measures p. 83

Blake Lyon, Planning and Community Development Director, and Mark Gardner, Legislative Policy Analyst, presented options for measurers to provide additional rental protections. Council requested additional information and follow-up work sessions on renter protections, licensing, and enforcement.

5. Review of Fire Department Overtime Costs p. 89

During the October 10, 2022 Budget work session, Council requested staff to provide a comprehensive analysis of overtime use in the Fire Department. Fire Chief Bill Hewett presented a summary of the analysis related to overtime trends over the past eight years.

                        23637

23638

City of Bellingham Regular City Council Meeting Page 5 of 8 2/27/2023 Minutes

23639 6. Approval of City Council Committee and Regular Meeting Minutes p. 96

Kristina Michele Martens / Edwin H. “Skip” Williams moved approval of the February 13, 2023 minutes of the regular City Council meeting as submitted.

MOTION CARRIED 7-0.

Old/New Business

Council Member Anderson attended a Bellingham Police Department active shooter training. She thanked Lt. Claudia Murphy for her time and the community members who participated.

Council Member Huthman and Mayor Fleetwood attended a Northwest Youth Services Shelter ribbon cutting.

Executive Session 2:30 PM

Closed to the public. Report in the Regular Meeting only:

1. Proposed Property Acquisition (Marriner, approx 5 min)

Staff provided information on the potential property acquisition of a 12-acre property located at 4447 Meridian Street and owned by Tsui-Li Horng.

Edwin H. “Skip” Williams / Lisa Anderson moved to authorize the Mayor to close on the real estate transaction described in the purchase and sale agreement with Tsui-Li Horng with a purchase price of $680,000.

MOTION CARRIED 7-0.

2. Proposed Property Acquisition (Marriner, approx 5 min)

Staff provided information on the potential property acquisition of a 3.78 acre property located on Democrat Street just west of Yew Street and abutting the North Samish Crest Open Space. The property is owned by Kristeen M Peterson and Kevin R and Gretchen E Moore.

Edwin H. “Skip” Williams / Lisa Anderson moved to authorize the Mayor to close on the real estate transaction described in the purchase and sale agreement with Kristeen M Peterson and Kevin R and Gretchen E Moore with a purchase price of $375,000.

MOTION CARRIED 7-0.

City of Bellingham Regular City Council Meeting Page 6 of 8 2/27/2023 Minutes

3. Proposed Property Acquisition (Marriner, approx 5 min)

Staff provided information on a potential property acquisition. For information and discussion. No action taken.

4. Litigation: George v. City of Bellingham (Good, approx 10 min)

Staff provided information on a litigation matter. For information and discussion. No action taken.

5. Potential Litigation (Marriner, approx 20 min)

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.

23640 1.

23642 2. 23643 3. 23644 4.

Authorize the Mayor to Enter into a Temporary Use Permit with Washington State Department of Fish and Wildlife to Support the Whatcom Boat Inspection Program and Prevent the Spread of Aquatic Invasive Species

Authorization of Payroll Labor Cost Payments Dated January 16, 2023 to January 31, 2023

Authorization of A/P Transactions Issued February 02, 2023 through February 09, 2023

Authorization of A/P Transactions Issued February 09, 2023 through February 16, 2023

p. 112

p. 116 p. 117 p. 118

Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety.

MOTION CARRIED 7-0.

Final Consideration of Ordinances

23616 1. An Ordinance of the City of Bellingham Rezoning Approximately 3.8 Acres and Creating a New Subarea, Area 8A, in the South

Neighborhood Zoning Table, BMC 20.00.190, and the City’s Adopted Zoning Map.

City of Bellingham Regular City Council Meeting 2/27/2023 Minutes

p. 119

Page 7 of 8

Daniel Hammill / 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: Lilliquist, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None)

EXCUSED: (None)

MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-02-005. Public Comment Period

City Council heard public comment from six individuals.

To access the recording, visit https://cob.org/gov/council/public-hearings-and-public-

 comment-periods/public-comment-period-recordings. Adjournment

There being no further business, the meeting adjourned at 8:06pm.

Michael Lilliquist, Council President

ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 3/13/2023

   City of Bellingham Regular City Council Meeting 2/27/2023 Minutes

Page 8 of 8

****************************************************************************

City of Bellingham

City Council Regular Meeting Minutes March 13, 2023, 7:00 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2872&doctype=2 ]

 Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

   Council President Pro Tempore Dan Hammill called the City Council Regular meeting to order at 7pm.

Announcements & Upcoming Meetings:

Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act.

Roll Call

Present:

Council Member Hannah Stone, First Ward

Council Member Hollie Huthman, Second Ward

Council Member Daniel Hammill, Third Ward

Council Member Edwin H. “Skip” Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward

Council Member Kristina Michele Martens, At Large

Excused

Council President Michael Lilliquist, Sixth Ward

Mayor’s Report

Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.

23646

23647

1. Mayor’s Reappointment of Matt Lesinski to the Tourism Commission (Information)

p. 6

Mayor Fleetwood reappointed Matt Lesinski to his first full term, which will expire on April 3, 2026, at which time he may be reappointed.

2. Mayor’s Appointments to the Mayor’s Neighborhood Advisory Commission p. 11 (Information)

Mayor Fleetwood reappointed Kevin Jenkins to his first full term as the Puget Neighborhood Primary Representative, which will expire on March 31, 2025, at which time he may be reappointed.

Mayor Fleetwood appointed William Beer to his first term as the Edgemoor Neighborhood Primary Representative, which will expire on February 24, 2025, at which time he may be reappointed.

City of Bellingham Regular City Council Meeting Page 1 of 7 3/13/2023 Minutes

23648

23649

Mayor Fleetwood appointed Alice Clark to her first term as the Downtown Bellingham Primary Representative, which will expire on February 24, 2025, at which time she may be reappointed.

3. Mayor’s Appointment to the Bellingham Sister Cities Advisory Board (Information) p. 18

Mayor Fleetwood appointed Derek Moscato to his first term, which will expire on March 1, 2026, at which time he may be reappointed.

4. Mayor’s Appointment to the Transportation Commission (Approval) p. 24

Mayor Fleetwood appointed Addie Yake to her first term, which will expire on March 13, 2026, at which time she may be reappointed.

Lisa Anderson / Edwin H. “Skip” Williams moved to recommend approval of Addie Yake to the Transportation Commission.

MOTION CARRIED 6-0.

Bellingham Public Library will celebrate National Library Week with a ribbon cutting and public

grand opening of its new Bellis Fair Branch on April 26, 2023. You can learn more online here. The following are heard in both Committee sessions and Regular Meeting in order below:

 The following are heard in both Committee sessions and Regular Meeting in order below:

Council Standing Committee Meetings:

Community and Economic Development 1:00 PM

Hollie Huthman, Chair

Hannah Stone, Kristina Michele Martens

23650 1.

2023-2027 Consolidated Planning Process

p. 27

The 2023-2027 Consolidated Plan is required by the Federal Department of Housing & Urban Development (HUD) and the City uses this planning process to identify priorities for its local housing levy, affordable housing sales tax and General Fund expenditures. Samya Lutz, Housing and Services Program Manager, and Kate Bartholomew, Development Specialist, Planning and Community Development, presented an overview of the Consolidated Plan, public engagement process, and summary of the Assessment of Fair Housing.

Council Member Martens requested additional discussion about converting single family homes into multi-unit properties, overall strategies to ensure the City is adequately prioritizing housing needs, outreach and education efforts with landlords, and the possibility for the City to collaborate with the Small Business Development Center to conduct outreach and education efforts with women households. Council Member Stone requested additional discussion on education and outreach for tenants.

City of Bellingham Regular City Council Meeting Page 2 of 7 3/13/2023 Minutes

Parks and Recreation 1:30 PM

Edwin H. “Skip” Williams, Chair Hollie Huthman, Lisa Anderson

23651

23652

1. Hundred Acre Wood Project Update p. 60

Nicole Oliver, Parks and Recreation Director, provided an update on the Hundred Acre Wood planning effort, including an existing conservation easement that protects 82-acres of the contiguous forested park property in perpetuity.

2. Whatcom Mountain Bike Coalition 2022 Galbraith Annual Report p. 77

Eric Brown, Executive Director of the Whatcom Mountain Bike Coalition, presented the 2022 annual report for Galbraith Mountain.

Planning 2:15 PM

Lisa Anderson, Chair

Daniel Hammill, Edwin H. “Skip” Williams

23622

1. Work Session #2 for Consideration of an Ordinance Amending Accessory Dwelling Unit Regulations and Process

p. 89

23654

1. Confirmation of Mayor’s Appointment of Ms. Jordan Stephens as Special Counsel to the Bellingham Civil Service Commission

p. 119

Blake Lyon, Director, Chris Behee, Long Range Planning Manager, and Chris Koch, Planner, from the Planning and Community Development returned for additional discussion on recommended revisions to the Accessory Dwelling Unit (ADU) ordinance. Council asked for additional discussion and modifications to the ordinance related to notification requirements, owner occupancy requirements, and parking. Council also made a motion indicating support for the staff recommendation not to require affordability for ADU renters in light of forthcoming inclusionary zoning proposals from the Planning and Community Development Department.

Committee Of The Whole 2:50 PM

Michael Lilliquist Chair

Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Kristina Michele Martens

City Attorney Alan Marriner and Mayor Fleetwood appointed Jordan Stephens as Special Counsel to the Bellingham Civil Service Commission, subject to confirmation by City Council. Ms. Stephens is an attorney with the Anderson Hunter Law Firm of Everett and chairs the firm’s Municipal Division and Employment Practices Division.

City of Bellingham Regular City Council Meeting Page 3 of 7 3/13/2023 Minutes

23655

23656

Daniel Hammill / Hollie Huthman moved to recommend approval of Jordan Stephens as Special Counsel to the Bellingham Civil Service Commission.

MOTION CARRIED 6-0.

2. An Ordinance Prohibiting the Use of Controlled Substances in Public Places p. 120

Mayor Fleetwood proposed an ordinance to make it unlawful to use controlled substances in public places by amending and adding a new section to Bellingham Municipal Code 10.08. With this change to the BMC, use of a controlled substance in public would be a misdemeanor and subject to arrest. Council requested additional information and discussion on the ordinance and therapeutic courts.

3. Letter in Support of LEAD Program Grant Funding p. 124

The Whatcom County Health Department is applying for an expansion of grant funding for the Law Enforcement Assisted Diversion (LEAD) program through the United States Department of Justice. The grant would extend the grant for an additional three years. The Whatcom County Health Department has requested a letter from the City Council in support of the new grant. The Mayor is also submitting a grant letter in support of the program.

Daniel Hammill / Hollie Huthman moved to recommend approval of the LEAD grant support letter as amended during the Committee of the Whole meeting.

MOTION CARRIED 6-0.

4. Approval of City Council Committee and Regular Meeting Minutes p. 127

Lisa Anderson / Edwin H. “Skip” Williams moved approval of the February 27, 2023 minutes of the regular City Council meeting as submitted.

MOTION CARRIED 6-0.

5. Old/New Business

No items discussed.

23657

Executive Session 3:20 PM

Closed to the public. Report in the Regular Meeting only:

1. Potential Property Acquisition (Stamps, approx 5 min)

Staff provided information on the potential property acquisition of a 0.14-acre watershed parcel with one potential development unit, owned by Donald, Sally, and Olga Dashchuk.

City of Bellingham Regular City Council Meeting Page 4 of 7 3/13/2023 Minutes

2.

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 Donald, Sally, and Olga Dashchuk with the following terms: Purchase of the property for $51,000, with closing to occur on or around March 31, 2023.

MOTION CARRIED 6-0.

Potential Property Acquisition (Stamps, approx 5 min)

Staff provided information on the potential property acquisition of a 12.44-acre watershed parcel with one potential development unit, owned by Hebo Bryant.

Hollie Huthman / Edwin H. “Skip” Williams moved to authorize the Mayor to close the real estate transaction described in the City’s executed purchase and sale agreement with Hebo Bryant with the following terms: Purchase of the property for $250,000, with closing to occur on or around March 31, 2023.

MOTION CARRIED 6-0.

Potential Property Acquisition (Stamps, approx 5 min)

Staff provided information on the potential property acquisition of a 0.85-acre watershed parcel with one potential development unit, owned by Gregory and Laurie Foy.

Lisa Anderson / Edwin H. “Skip” Williams moved to authorize the Mayor to close the real estate transaction described in the City’s executed purchase and sale agreement with Gregory and Laurie Foy with the following terms: Purchase of the property for $162,500, with closing to occur on or around March 31, 2023.

MOTION CARRIED 6-0.

Potential Litigation: Claim #2022-46 (Good, approx 5 min)

Staff provided information on a potential litigation matter.

Edwin H. “Skip” Williams / Lisa Anderson moved to authorize the Mayor to enter into a settlement agreement with Terrie Welch-Bailey with the following terms: Resolution of Claim No. 2022-46 for the payment of $27,500 to the claimant for damages related to the claim.

MOTION CARRIED 6-0.

Labor Relations: Discuss Collective Bargaining Strategy (Monahan, approx 10 min)

Staff provided information on a labor relations matter. For information and discussion. No action taken.

3.

4.

5.

City of Bellingham Regular City Council Meeting Page 5 of 7 3/13/2023 Minutes

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.

23658

23659

23661

23662

23660 23663

23664

1. Modified Interlocal Agreement with Whatcom County and the Port of Bellingham for p. 144 Joint Consultation and Government Affairs Services with McBride Public Affairs, LLC

2. Interlocal Agreement Between City of Bellingham and Whatcom County Fire District p. 147 #8 for Radio Services

3. Authorization of Payroll Labor Cost Payments Dated February 1, 2023 to February 15, p. 152 2023

4. An Amendment to the Interlocal Agreement Between Whatcom County, City of p. 153 Bellingham and Port of Bellingham Regarding a Coordinated Approach to Funding Economic Development

5. Authorization of A/P Transactions Issued January 26, 2023 through February 02, 2023p. 160

6. Authorization of A/P Transactions Issued February 16, 2023 through February 23, p. 161 2023

7. Authorization of A/P Transactions Issued February 23, 2023 through March 02, 2023 p. 162

Hollie Huthman / Lisa Anderson moved approval of the Consent Agenda in its entirety.

MOTION CARRIED 6-0.

Final Consideration of Ordinances

23635

1. An Ordinance of the City of Bellingham, Washington Regarding the Civil Service p. 163 Commission; Amending Chapter 3.16 of the Bellingham Municipal Code

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:

23636

AYES: Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None)

EXCUSED: Lilliquist

MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-03-006.

2. An Ordinance Relating to Notice of Rent Increase, Amending Bellingham Municipal

Code (BMC) Title 6

p. 167

City of Bellingham Regular City Council Meeting Page 6 of 7 3/13/2023 Minutes

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: Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None)

EXCUSED: Lilliquist

MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-03-007. Public Comment Period

City Council heard public comment from 18 individuals.

To access the recording, visit https://cob.org/gov/council/public-hearings-and-public-comment-

 periods/public-comment-period-recordings. Adjournment

There being no further business, the meeting adjourned at 8:36pm.

Michael Lilliquist, Council President

ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 3/27/2023

   City of Bellingham Regular City Council Meeting 3/13/2023 Minutes City of Bellingham

City

****************************************************************


Council Regular Meeting Minutes March 27, 2023, 7:00 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2873&doctype=2 ]

 Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

   The City Council Regular meeting was called to order by Council President Lilliquist at 7pm.

Announcements & Upcoming Meetings:

Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act.

Roll Call

Present:

Council President Michael Lilliquist, Sixth Ward

Council Member Hannah Stone, First Ward

Council Member Hollie Huthman, Second Ward

Council Member Daniel Hammill, Third Ward

Council Member Edwin H. “Skip” Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward

Council Member Kristina Michele Martens, At Large

Mayor’s Report

Standing time for briefings, updates and reports to Council by the Mayor, if needed.

23665

23666

1. Mayor’s Appointments to the Parks & Recreation Advisory Board (Information)

p. 6

Mayor Fleetwood appointed Brian Bressler to his first partial term, which will expire on December 16, 2024, at which time he may be reappointed.

Mayor Fleetwood reappointed Raymond Dellecker to his first full term, which will expire on April 4, 2026, at which time he may be reappointed.

2. Mayor’s Appointment to the Greenways Advisory Committee (Approval) p. 15

Mayor Fleetwood appointed Kelsey Wylie to her first partial term, which will expire on January 11, 2024, at which time she may be reappointed.

Hollie Huthman / Edwin H. “Skip” Williams moved to recommend approval of Kelsey Wylie to the Greenways Advisory Committee.

MOTION CARRIED 7-0.

City of Bellingham Regular City Council Meeting Page 1 of 6 3/27/2023 Minutes

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 11:00 AM

Hannah Stone, Chair

Lisa Anderson, Kristina Michele Martens

23668

1. Landscape Maintenance Services Bid Award – Bid #9B-2023

p. 21

23669

Agenda Bill 23667, a proposed extension of a facility use agreement for the temporary Pop-up Gallery at 128 W. Holly Street was removed from the agenda since the tenant did not want to renew the agreement.

Eric Johnston, Public Works Director, introduced the landscape maintenance services bid. Many City facility sites and locations require ongoing landscaping maintenance, and an outside contract allows for more efficient use of City staff. The City received one bid which was publicly opened on February 22, 2023. Windwood Enterprises Company of Ferndale, Washington was the responsible bidder who submitted the lowest responsive bid of $279,604.03.

Hannah Stone / Lisa Anderson moved to award Bid No. 9B-2023 for $279, 604.03 to Windwood Enterprises of Ferndale, Washington as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid.

MOTION CARRIED 7-0.

2. Private Electric Vehicle Charging Stations in the Public Right-of-Way p. 25

Eric Johnston, Public Works Director, and Chad Schulhauser, Assistant Director Engineering, returned to Council to discuss options for installation of private electric vehicle charging stations in the public right-of-way. Mayor Fleetwood will refer further discussion of EV installation in the City to the Climate Action team as an update on the Climate Action Plan is forthcoming.

Public Health, Safety, and Justice 1:00 PM

Daniel Hammill, Chair

Hollie Huthman, Edwin H. “Skip” Williams

23670 1.

Healthy Children’s Fund Implementation Plan Presentation

p. 31

Erika Lautenbach, Whatcom County Health and Community Services Director, presented a summary of the Healthy Children’s Fund Implementation Plan, which was approved by the County Council on March 21, 2023. The Healthy Children’s Initiative was approved by voters in November 2022 and established a dedicated fund to support young children and their families by supporting early learning and care programs. The fund is estimated to raise approximately $9.98 million each year for ten years. To access the full implementation plan visit,

City of Bellingham Regular City Council Meeting Page 2 of 6 3/27/2023 Minutes

https://www.whatcomcounty.us/DocumentCenter/View/73571/Adopting-The-Healthy-Childrens- Fund-Implementation-Plan.

Community and Economic Development 1:30 PM

Hollie Huthman, Chair

Hannah Stone, Kristina Michele Martens

  23650 1.

2023-2027 Consolidated Planning Process p. 47

The 2023-2027 Consolidated Plan is required by the Federal Department of Housing & Urban Development (HUD) and the City uses this planning process to identify priorities for its local housing levy, affordable housing sales tax and General Fund expenditures. Tara Sundin, Community and Economic Development Manager, Samya Lutz, Housing and Services Program Manager, and Kate Bartholomew, Development Specialist, Planning and Community Development, presented a housing market analysis and needs assessment, and proposed goals and strategies. On April 10th, staff will return to discuss public housing and funding sources.

Committee Of The Whole 2:00 PM

Michael Lilliquist Chair

Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Kristina Michele Martens

23671

1. An Ordinance Amending the 2023-2024 Biennial Budget – Amendment No. 1

p. 61

23672

Forrest Longman, Deputy Finance Director, presented the proposed ordinance, which modifies the 2023-2024 Biennial Budget by increasing revenues and expenditures, expanding security staffing at the downtown library, and providing funding for the purchase and installation of two stand-alone restrooms for the downtown core.

Michael Lilliquist / Daniel Hammill moved for first and second reading.

MOTION CARRIED 7-0.

2. A Resolution Suspending the Docket Review of Proposed 2023-2024 Comprehensive p. 66 Plan Amendments Until After the 2025 Bellingham Comprehensive Plan Periodic

Update Period

Chris Behee, Long Range Planning Manager, presented on the proposed resolution. The State Growth Management Act (GMA) (RCW 36.70A) requires the City of Bellingham to review, and if needed, revise the Comprehensive Plan and urban growth areas by June 30, 2025.

Michael Lilliquist / Edwin H. “Skip” Williams moved final approval of Resolution #2023-02.

MOTION CARRIED 7-0.

City of Bellingham Regular City Council Meeting Page 3 of 6 3/27/2023 Minutes

23655

3. An Ordinance Prohibiting the Use of Controlled Substances in Public Places p. 69

Mayor Fleetwood returned to Council to discuss a proposed ordinance to make it unlawful to use controlled substances in public places. Council requested the administration to return to the Public Health Safety, and Justice Committee with an interim implementation plan and support service resources prior to the creation of the therapeutic court program and the third and final vote on the ordinance.

Hannah Stone / Edwin H. “Skip” Williams moved for first and second reading as amended during the Committee of the Whole striking the following clauses,

“WHEREAS, state law now requires that persons subject to arrest for possession of a controlled substance be referred to assessment and services in lieu of arrest at least twice before he or she may be arrested; and

23676

WHEREAS, this state requirement has resulted in increased use of controlled substances in public; and”

MOTION CARRIED 5-2.

Opposed: Michael Lilliquist, Kristina Michele Martens

4. Approval of City Council Committee and Regular Meeting Minutes

p. 73

Edwin H. “Skip” Williams / Hannah Stone moved approval of the March 13, 2023 minutes of the regular City Council meeting as submitted.

MOTION CARRIED 7-0.

5. Old/New Business

No items discussed.

Executive Session 2:55 PM

Closed to the public. Report in the Regular Meeting only:

1.

Potential Property Acquisition (Stamps, approx 3 min)

Staff provided information on the potential property acquisition of a 0.77-acre watershed parcel with one potential development unit, owned by David and Sarah Nicol.

Daniel Hammill / Edwin H. “Skip” Williams moved to authorize the Mayor to close the real estate transaction described in the City’s executed purchase and sale agreement with David and Sarah Nicol with the following terms: Purchase of the property for $160,000, with closing to occur on or around April 17, 2023.

MOTION CARRIED 7-0.

City of Bellingham Regular City Council Meeting Page 4 of 6 3/27/2023 Minutes

2.

Potential Property Acquisition (Stamps, approx 3 min)

Staff provided information on a potential property acquisition. For information and discussion. No action taken.

Potential Property Acquisition (Stamps, approx 3 min)

Staff provided information on a potential property acquisition. For information and discussion. No action taken.

Potential Litigation: Claim No. 2022-19 (Good, approx 5 min)

Staff provided information on a potential litigation matter.

Lisa Anderson / Edwin H. “Skip” Williams moved to authorize the Mayor to enter into a settlement agreement with Burlington Northern Santa Fe Railway Company with the following terms: Resolution of Claim No. 2022-19 for the payment of $48,885.55 to the claimant for damages related to the claim.

MOTION CARRIED 7-0.

Litigation: Washington State Department of Ecology v. City of Bellingham, Port of Bellingham and Department of Natural Resources (Kraham, approx 5 min)

Staff provided information on a litigation matter. For information and discussion. No action taken.

Potential Litigation (Erb, approx 10 min)

Staff provided information on a potential litigation matter. For information and discussion.

Lisa Anderson / Hollie Huthman moved to authorize the Mayor to execute all documents required for the City to participate in the national opioid settlements with Walgreens, Walmart, Teva, CVS, and Allergen.

MOTION CARRIED 7-0.

Litigation: Fox v. City of Bellingham (Good, approx 15 min)

Staff provided information on a litigation matter. For information and discussion. No action taken.

3.

4.

5.

6.

7.

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.

23673 1. Authorization of Payroll Labor Cost Payments Dated February 16, 2023 to February p. 87 28, 2023

City of Bellingham Regular City Council Meeting Page 5 of 6 3/27/2023 Minutes

23674 2. Authorization of A/P Transactions Issued March 03, 2023 through March 09, 2023 p. 88 23675 3. Authorization of A/P Transactions Issued March 10, 2023 through March 16, 2023 p. 89 Daniel Hammill / Edwin H. “Skip” Williams moved approval of the Consent Agenda in its entirety.

MOTION CARRIED 7-0.

Public Comment Period

City Council heard public comment from 21 individuals.

To access the recording, visit https://cob.org/gov/council/public-hearings-and-public comment-

 periods/public-comment-period-recordings. Adjournment

There being no further business, the meeting adjourned at 8:54pm.

Michael Lilliquist, Council President

ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 4/10/2023

   City of Bellingham Regular City Council Meeting 3/27/2023 Minutes

Page 6 of 6

Page 7 of 7

*******************************************************************

City of Bellingham

City Council Regular Meeting Minutes April 10, 2023, 7:00 PM

[https://meetings.cob.org/Documents/DownloadFileBytes/City_Council_Regular_Meeting_2890_Minutes_4_10_2023_7_00_00_PM.pdf?documentType=2&meetingId=2890]

 Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

   The City Council Regular meeting was called to order by Council President Lilliquist at 7pm.

Announcements & Upcoming Meetings:

Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act.

Roll Call

Present:

Council President Michael Lilliquist, Sixth Ward

Council Member Hannah Stone, First Ward

Council Member Hollie Huthman, Second Ward

Council Member Daniel Hammill, Third Ward

Council Member Edwin H. “Skip” Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward

Council Member Kristina Michele Martens, At Large

Mayor’s Report

Standing time for briefings, updates and reports to Council by the Mayor, if needed.

23678

1. Mayor’s Reappointments to the Immigration Advisory Board (Approval)

p. 6

23679

Mayor Fleetwood reappointed Homero Jose Garrido to his first full term on the Immigration Advisory Board, which will expire on April 12, 2025, at which time he may be reappointed.

Mayor Fleetwood reappointed Alfredo Juarez Zeferino to his first full term on the Immigration Advisory Board, which will expire on April 12, 2025, at which time he may be reappointed.

Hannah Stone / Hollie Huthman moved to recommend approval of Homero Jose Garrido and Alfredo Juarez Zeferino to the Immigration Advisory Board.

MOTION CARRIED 7-0.

2. Mayor’s Appointment to the Tourism Commission (Information) p. 10

Mayor Fleetwood appointed Kevin Coleman to his first term on the Tourism Commission, which will expire on April 3, 2026, at which time he may be reappointed.

City of Bellingham Regular City Council Meeting Page 1 of 7 4/10/2023 Minutes

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, Kristina Michele Martens

23680 1.

Lease Agreement for 1400 Iowa Street

p. 14

Eric Johnston, Public Works Director, and Michael Olinger, Assistant Director Public Works Operations, presented on the proposed lease at 1400 Iowa St. The lease will provide operational space while construction improvements begin at the Pacific Street Operations Center and Woburn Operations sites.

Hannah Stone / Lisa Anderson moved to recommend approval of the lease at 1400 Iowa Street.

MOTION CARRIED 7-0.

Community and Economic Development 10:40 AM

Hollie Huthman, Chair

Hannah Stone, Kristina Michele Martens

23681 1.

An Information Session on Financing, Constructing and Operating Permanently Affordable Housing Developments

p. 18

23650 2.

Brien Thane, Executive Director/CEO at the Bellingham Whatcom County Housing Authority, Joe Thompson, President of Mercy Housing Northwest, Ellen Lohe, Associate Director at Mercy Housing Northwest, and Tara Sundin, Community and Economic Development Manager, presented and answered Council questions related to the financing, construction, and operations of affordable housing developments.

2023-2027 Consolidated Planning Process p. 32

The 2023-2027 Consolidated Plan is required by the Federal Department of Housing & Urban Development (HUD) and the City uses the planning process to identify priorities for its local housing levy, affordable housing sales tax, and General Fund expenditures. Samya Lutz, Housing and Services Program Manager, and Tara Sundin, Community and Economic Development Manager, presented an overview of the proposed strategic plan and annual action plans. The next Council meeting will focus on the two goals, provide vulnerable households with services to remain stably housed and help vulnerable households to meet their basic needs.

City of Bellingham Regular City Council Meeting Page 2 of 7 4/10/2023 Minutes

Parks and Recreation 1:00 PM

Edwin H. “Skip” Williams, Chair Hollie Huthman, Lisa Anderson

23683

1. Bid Award to Colacurcio Brothers LLC for Cordata Park Phase 2, Bid No. 24B-2023 p. 46

Nicole Oliver, Parks and Recreation Director, and Jonathan Schilk, Landscape Architect for Parks and Recreation, introduced the Cordata Park Phase 2 Bid. The project involves the construction of a park pavilion with overhead trellis and seat wall, covered outdoor stage, skate dot, covered double swing, pedestrian circulation, utility services and distribution, pickleball and basketball courts, park shelter, park lighting, park furnishings and signage, landscape planting, turf lawn, wetland mitigation planting, lighted parking area and driveway. The City received six bids that were publicly opened on March 21, 2023. The lowest bid was submitted by Colacurcio Brothers LLC of Blaine, WA in the amount of $3,735,228.03.

Edwin H. “Skip” Williams / Lisa Anderson moved to award Bid No. 24B-2023 for the Cordata Park Phase 2 to Colacurcio Brothers LLC of Blaine, WA as 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 $3,735,228.03, which includes any applicable WSST.

MOTION CARRIED 7-0.

Public Health, Safety, and Justice 1:15 PM

Daniel Hammill, Chair

Hollie Huthman, Edwin H. “Skip” Williams

23684

23685

1. Enforcement of Ordinance Prohibiting Use of Controlled Substances in Public

p. 67

Mayor Fleetwood, City Prosecutor Ryan Anderson, and Chief Mertzig returned to Council to discuss the ordinance prohibiting the use of controlled substances in public places, enforcement plans, implementation plans for therapeutic courts, and current diversion support services available.

2. A Brief Review of Community Courts p. 76

Mark Gardener, Legislative Analyst, presented a summary of community court programs, including several in Washington State cities such as Spokane, Olympia, Shoreline, and Kenmore. Judge Lev answered Council questions and will return for a future discussion related to therapeutic court programs in Bellingham.

Committee Of The Whole 2:00 PM

Michael Lilliquist Chair

Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Kristina Michele Martens

City of Bellingham Regular City Council Meeting Page 3 of 7 4/10/2023 Minutes

23686

1. An Ordinance Amending the 2023-2024 Biennial Budget – Amendment No. 2 p. 86

Mayor Fleetwood, Chief Mertzig, and Forrest Longman, Deputy Finance Director, presented the proposed ordinance, which modifies the 2023-2024 Biennial Budget by adding two police officer positions and shifting two positions budgeted for 2024 into 2023.

Michael Lilliquist / Edwin H. “Skip” Williams moved for first and second reading.

MOTION CARRIED 7-0.

2. Approval of City Council Committee and Regular Meeting Minutes p. 92

Daniel Hammill / Hollie Huthman moved approval of the March 27, 2023 minutes of the regular City Council meeting as submitted.

MOTION CARRIED 7-0.

3. Old/New Business

Council Member Hammill shared he participated in a ride along with Chief Hewett focusing on the Fire Department’s operational challenges and resource needs. Council Member Hammill also shared he was invited to the Co-Responder Outreach Alliance summit in May and will report back about resources and additional alternative response methods.

Council President Lilliquist participated in a third ride along with the homeless outreach team and encourages community members to engage with this team and other resources that focus on early intervention.

23687

Executive Session 2:15 PM

Closed to the public. Report in the Regular Meeting only:

1.

Potential Property Acquisition (Stamps, approx 3 min)

Staff provided information on the potential acquisition of a 19.83-acre watershed parcel with one potential development unit, owned by Rafael and Karrie Soto.

Edwin H. “Skip” Williams / Hollie Huthman moved to authorize the Mayor to close the real estate transaction described in the City’s executed purchase and sale agreement with Rafael and Karrie Soto with the following terms: Purchase of the property for $525,000, with closing to occur on or around May 5, 2023.

MOTION CARRIED 7-0.

Potential Property Acquisition (Stamps, approx 3 min)

2.

City of Bellingham Regular City Council Meeting Page 4 of 7 4/10/2023 Minutes

23688

23689 23690

1. Authorization of Payroll Labor Cost Payments Dated March 1, 2023 to March 15, 2023

2. Authorization of A/P Transactions Issued March 17, 2023 through March 23, 2023 3. Authorization of A/P Transactions Issued March 24, 2023 through March 30, 2023

p. 106

p. 107

p. 108

3.

Staff provided information on a potential property acquisition. For information and discussion. No action taken.

Litigation: Fox v. City of Bellingham (Good, approx 10 min)

Staff provided information on a litigation matter.

Lisa Anderson / Daniel Hammill moved to authorize the Mayor to enter into a settlement agreement with Robert John Fox with the following terms: Dismissal of the lawsuit filed in federal court for the payment of $100,189.04 to Robert John Fox and $74,810.96 to Corr Downs, PLLC.

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.

Edwin H. “Skip” Williams / Daniel Hammill moved approval of the Consent Agenda in its entirety.

MOTION CARRIED 7-0.

Final Consideration of Ordinances

23671

1.

An Ordinance Amending the 2023-2024 Biennial Budget – Amendment No. 1 p. 109

Daniel Hammill / 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:

23655 2.

AYES: Lilliquist, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None)

EXCUSED: (None)

MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-04-008.

An Ordinance of the City of Bellingham Amending Bellingham Municipal Code

Chapter 10.08 Regarding the Use of Controlled Substances in Public Places

p. 112

Due to a scrivener’s error, the draft ordinance in the agenda packet omitted a revision to the ordinance approved at the March 27, 2023 meeting striking the following clauses,

City of Bellingham Regular City Council Meeting Page 5 of 7 4/10/2023 Minutes

“WHEREAS, state law now requires that persons subject to arrest for possession of a controlled substance be referred to assessment and services in lieu of arrest at least twice before he or she may be arrested; and

WHEREAS, this state requirement has resulted in increased use of controlled substances in public; and”

Michael Lilliquist / Daniel Hammill moved to amend the ordinance to include the following language,

“WHEREAS, traditional approaches to law enforcement and the criminal legal system are being adapted and revised to address underlying and associated mental health and substance use disorders that may contribute to public drug use, including the adoption of pre-trial diversion programs authorized under RCW 71.24 and community courts as authorized under RCW 2.30, as examples;

Section 2.

“2. Use of a controlled substance in a public place is a misdemeanor. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services.

3. In lieu of jail booking and referral of charges to the prosecutor, law enforcement is encouraged to offer violators a referral to substance abuse treatment services in the community.”

MOTION CARRIED 6-0.

Abstained: Kristina Michele Martens

Hannah Stone / Hollie Huthman moved to amend the ordinance by including the following language under Section 2, “This section shall sunset by April 25, 2025.”

MOTION CARRIED 6-0.

Abstained: Kristina Michele Martens

Hannah Stone / Edwin H. “Skip” Williams moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved as amended by the following roll call vote:

AYES: Stone, Huthman, Hammill, Williams, Anderson NAYS: Lilliquist, Martens

EXCUSED: (None)

MOTION CARRIED 5-2 and was thereafter named Ordinance #2023-04-009. Opposed: Michael Lilliquist, Kristina Michele Martens

Public Comment Period

City of Bellingham Regular City Council Meeting 4/10/2023 Minutes

Page 6 of 7

City Council heard public comment from 34 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 10:23pm.

Michael Lilliquist, Council President

ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 5/8/2023

Page 7 of 7

  City of Bellingham Regular City Council Meeting 4/10/2023 Minutes

*********************************************************

 City of Bellingham

City Council Regular Meeting Minutes April 24, 2023, 7:00 PM

[ https://meetings.cob.org/Documents/DownloadFileBytes/City_Council_Regular_Meeting_2896_Minutes_4_24_2023_7_00_00_PM.pdf?documentType=2&meetingId=2896 ]

 Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

   The City Council Regular meeting was called to order by Council President Lilliquist at 7:00pm.

Announcements & Upcoming Meetings:

Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act.

Roll Call

Present:

Council President Michael Lilliquist, Sixth Ward

Council Member Hannah Stone, First Ward

Council Member Hollie Huthman, Second Ward

Council Member Daniel Hammill, Third Ward

Council Member Edwin H. “Skip” Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward

Council Member Kristina Michele Martens, At Large

Mayor’s Report

Standing time for briefings, updates and reports to Council by the Mayor, if needed.

Mayor Fleetwood reported on Earth Day activities that took place in Bellingham on Saturday April 22nd. He participated in an event in partnership with Western Washington University at the Arboretum during which over 200 volunteers planted over 1,000 native plants.

Mayor Fleetwood reported that the Mayor’s Downtown Solutions Workgroup has been formed and have held their first meeting.

Mayor Fleetwood announced that the Whatcom Racial Equity Commission is seeking four members to serve on a limited term committee which will be charged with hiring an executive director and recommending appointments to the Commission itself. The County anticipates releasing a request for proposals soon, seeking a non-profit contractor to support the work of the commission.

Mayor Fleetwood stated that the Bellingham Public Library will hold a grand opening ceremony for the Bellis Fair branch on Wednesday April 26th. This branch is a two year pilot program and the first location on Bellingham’s North side.

City of Bellingham Regular City Council Meeting Page 1 of 7 4/24/2023 Minutes

Regular Meeting and Committee Sessions

The following are heard in both Committee sessions and Regular Meeting in order below:

Council Standing Committee Meetings:

Public Health, Safety, Justice, and Equity 10:00 AM

Daniel Hammill, Chair

Hollie Huthman, Edwin H. “Skip” Williams

23691 1. Fire Department Review of 2022

p. 6

Bill Hewett, Fire Chief, presented on the 2022 fire department year in review. Chief Hewett briefed members on call volumes, staffing, 2022 accomplishments, and plans for 2023 and answered questions from Council members.

Parks and Recreation 10:30 AM

Edwin H. “Skip” Williams, Chair Hollie Huthman, Lisa Anderson

23692

1. Recommendation to Name Barkley Neighborhood Park “Scramble Nature Playpark” p. 17

Nicole Oliver, Parks and Recreation Director, and Ryan Pflueger of the Talbot Group presented on the new park in the Barkley Neighborhood and the proposed new name of “Scramble Nature Playpark”. Pflueger explained the features and design of the new park and the reasoning behind the proposed name. Park Policy PAR 01.00.01 authorizes an exception to the standard park naming process when the park includes a donation. While the Talbot Group received a park impact fee credit for its construction and dedication of the park, it is also making a substantial donation to the City by agreeing to maintain the park and adjacent trail in perpetuity.

Edwin H. “Skip” Williams / Hollie Huthman moved to approve the name “Scramble Nature Playpark”.

MOTION CARRIED 7-0.

Community and Economic Development 10:45 AM

Hollie Huthman, Chair

Hannah Stone, Kristina Michele Martens

23650 1.

2023-2027 Consolidated Planning Process

p. 19

The 2023-2027 Consolidated Plan is required by the Federal Department of Housing & Urban Development (HUD) and the City uses this planning process to identify priorities for its local housing levy, affordable housing sales tax and General Fund expenditures. Tara Sundin, Community and Economic Development Manager, and Samya Lutz, Housing and Services Program Manager, presented on proposed activities and budget for reducing housing cost burden, funding basic needs,

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23693

1. First Quarter Climate Update

p. 26

increasing safety for vulnerable groups, and preventing housing discrimination for low-income renters.

Lutz addressed a question from a previous meeting regarding the costs of building market rate housing compared to affordable housing developments. She explained the factors that impact the cost of affordable housing building costs, which make those projects more expensive to build than market rate projects.

Lutz and Sundin responded to questions from Committee Members.

Climate Action 11:15 AM

Kristina Michele Martens, Chair Hannah Stone, Daniel Hammill

In 2022, Mayor Seth Fleetwood created the Office of Climate within the Mayor’s Office to facilitate achievement of Bellingham’s climate goals. The Office of Climate will be providing quarterly updates to Council on progress with carbon mitigation and climate adaptation initiatives. Mayor Seth Fleetwood gave introductory comments, explaining the roles of staff members within the Office of Climate. Seth Vidana, Climate and Energy Manger, and Clare Fogelsong, Natural Resources Policy Manager updated the Committee on carbon reduction efforts, climate action planning, adaptation programs, and grant tracking. Topics included The Quarter 1 report will include information on home electrification, updating the (Climate Action Plan (CAP), extreme heat and wildfire response, and several other initiatives. Fleetwood, Vidana, and Fogelsong responded to questions from Committee Members.

Committee Of The Whole 1:00 PM

Michael Lilliquist Chair

Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Kristina Michele Martens

23694

1. Annual Update on the Bellingham-Whatcom County Commission on Sexual & Domestic Violence

p. 29

23695

Each year, staff from the Domestic Violence Commission provide an update to inform the Council of the work of the Commission, as well as to provide education about the impact of domestic violence in our community. Susan Marks, Director of the Whatcom County Commission on Sexual and Domestic Violence, gave the 2023 update, reporting on the history of the Commission, funding, a pilot program focused on restorative and transformative justice, feedback received from survivor defendants, and the upcoming annual meeting. Marks answered questions from Council Members.

2. 2022 Financial Year End Review p. 35

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23696

Andy Asbjornsen, Finance Director, presented on 2022 expenses and revenue, giving a summary of the City’s preliminary financial position for the period that ended December 31, 2022. Asbjornsen and other staff answered questions from Council Members.

3. An Ordinance Amending the 2023-2024 Biennial Budget Reconciling the Differences p. 53 Between Estimated 2023 Beginning Reserve Balances and Actual 2023 Reserve

Balances

During the budget development process, the Finance Department estimates beginning reserve balances based on anticipated expenditures and revenues for the year in which the budget is developed. Pursuant to City Financial policy, at the beginning of each biennium the City must update the Biennial Budget with actual beginning reserves and estimate new ending reserves for the biennium. Forrest Longman, Deputy Finance Director, explained how this process in tandem with the reappropriations process ensures the various funds’ reserves are expected to remain in balance at the end of the biennium. The reappropriations process brings budget forward from the previous biennium for programs and projects authorized, but not completed in the previous biennium.

23697

Michael Lilliquist / Daniel Hammill moved for first and second reading.

MOTION CARRIED 7-0.

4. An Ordinance Amending the 2023-2024 Biennial Budget Increasing Appropriation Authority in Various Funds to Pay for Goods and Services Authorized in the Previous Biennium

p. 60

23698

This ordinance increases appropriations in the 2023-2024 Biennium Budget by reappropriating unused budget authority totaling $39,543,597 from the 2021-2022 Biennium. At the end of each biennium, all remaining budget authority lapses, even if it is under contract for a project, program or product. To pay those contracts and continue projects authorized in the previous biennium, the City Council must reappropriate the funds.

Michael Lilliquist / Lisa Anderson moved for first and second reading.

MOTION CARRIED 7-0.

5. An Ordinance Amending the 2023-2024 Biennial Budget – Amendment No. 3 p. 70

Forrest Longman, Deputy Finance Director, explained that this ordinance works with the previous ordinances to reconcile fund reserve balances and reappropriate the budget from the previous biennium. The ordinance also includes changes to the 2023-2024 budget, including reappropriating balancing issues, correction to Climate Office projects, a settlement in the worker’s compensation fund, Sportsplex debt funding, and adding an Human Resources Information System Analyst position.

Michael Lilliquist / Edwin H. “Skip” Williams moved for first and second reading.

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23699 6.

MOTION CARRIED 7-0.

A Resolution Amending the Docket of Bellingham Comprehensive Plan Amendments p. 79 to be Reviewed in 2022-2023 Comprehensive Plan Amendment Cycle

Chris Behee, Long Range Planning Manager, and Peter Gill, Parks Department Planning and Development Coordinator, presented information about the proposed minor amendment to the Parks and Recreation Open Space Plan. The amendment would make changes to the recommended trail section as well as the capital facilities plan. These are needed because of the significant amount of growth the City has experienced since the last update to the plan.

Michael Lilliquist / Daniel Hammill moved final approval of Resolution #2023-03. MOTION CARRIED 7-0.

Work Session #3 for Consideration of Two Alternatives for Revisions to Bellingham’s p. 85 Accessory Dwelling Unit (ADU) Regulations

On April 6, 2023 the Washington State Senate passed Engrossed House Bill 1337, which expands housing options by easing barriers to the construction and use of ADUs. The bill now goes forward for final passage by the Legislature, then enrollment, and review and signature by the Governor. Chris Behee, Chris Koch, and Blake Lyon, of the Planning and Community Development Department, provided information on two options for moving forward with amendments to ADU regulations given the recent changes at the state level. Council members asked questions of staff and discussed the options. Council requested that staff review the effects of the new state law on current City Code, options related to affordability, and community outreach plans.

Update on Rental Registration and Safety Inspection Program p. 119

Kurt Nabbefeld, Planning Development Services Manager, provided an update on the implementation of the Rental Registration and Safety Inspection program (RRSIP), which was established by Council in 2015. Nabblefeild summarized the status of rental inspections, the process for completing an inspection, and data on the results of the inspections. He also spoke to common reasons for failed inspections and what happens when a unit fails inspection. Going forward, planning staff recommend a focus on education, training for landlords, development of software dedicated to the program, and better data collection. The department plans to hire two additional staff for the program. Council members, asked questions, gave feedback, and requested further information for future meetings, including data on fees gathered from failed inspections, options for changes in procedures when a property has failed an inspection, and information on the ability of the City to regulate or audit private inspectors.

Approval of Special City Council Meeting Minutes p. 134

This item was voted on during the Committee of the Whole meeting.

23622 7.

23700 8.

23701 9.

City of Bellingham Regular City Council Meeting Page 5 of 7 4/24/2023 Minutes

10. Old/New Business

Council Member Hammill thanked Chief Bill Hewett and Captain Joe Frank of the Bellingham Fire Department for allowing him to do a ride along with the Community Paramedic program and thanked Sgt. Richard Holdridge of the Bellingham Police Department for allowing him to attend a training of new officers.

Council President Lilliquist thanked to all those who organized and participated in the City’s Earth Day event.

Council President Lilliquist reported that he has heard that some landlords are giving notice of termination of lease with 60 days notice and giving tenants the option of entering a new lease at a higher rent. He said that this is a loophole to the 120 day notice for rent increase. He requested that staff look into the legality of that and what could be done to address it.

Mayor Fleetwood addressed the fact that the State Legislature did not pass a fix to the Blake decision. He stated that his staff is monitoring the implications of that in regards to the City’s recently passed ordinance regarding public drug use. They will be reporting back at the next Council meeting.

Executive Session 3:30 PM

Closed to the public. Report in the Regular Meeting only:

1.

2.

Potential Property Acquisition (Stamps, approx 3 min)

Staff provided information on a potential property acquisition. For information and discussion. No action taken.

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.

23702 1. 23703 2.

23704 3. 23705 4.

Noise Variance – Woburn Sanitary Sewer Replacement, EU190

Authorization of Payroll Labor Cost Payments Dated March 16, 2023 to March 31, 2023

Authorization of A/P Transactions Issued March 31, 2023 through April 06, 2023 Authorization of A/P Transactions Issued April 07, 2023 through April 13, 2023

p. 137 p. 143

p. 144 p. 145

City of Bellingham Regular City Council Meeting Page 6 of 7 4/24/2023 Minutes

Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety.

MOTION CARRIED 7-0.

Final Consideration of Ordinances

23686

1. An Ordinance Amending the 2023-2024 Biennial Budget – Amendment No. 2 p. 146

Daniel Hammill / 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: Lilliquist, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None)

EXCUSED: (None)

MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-04-010. Public Comment Period

City Council heard public comment from nine individuals.

To access the recording, visit https://cob.org/gov/council/public-hearings-and-public commentperiods/public-comment-period-recordings.

Adjournment

There being no further business, the meeting adjourned at 8:08 PM

Michael Lilliquist, Council President

ATTEST: Jackie Lassiter, Legislative Assistant APPROVED: 5/22/2023

  City of Bellingham Regular City Council Meeting 4/24/2023 Minutes

Page 7 of 7

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 City of Bellingham

City Council Regular Meeting Minutes May 8, 2023, 7:00 PM

[ https://meetings.cob.org/Documents/DownloadFileBytes/City_Council_Regular_Meeting_2897_Minutes_5_8_2023_7_00_00_PM.pdf?documentType=2&meetingId=2897 ]

 Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

   The City Council Regular meeting was called to order by Council President Lilliquist at 7:00pm.

Announcements & Upcoming Meetings:

Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act.

Roll Call

Present:

Council President Michael Lilliquist, Sixth Ward

Council Member Hannah Stone, First Ward

Council Member Hollie Huthman, Second Ward

Council Member Daniel Hammill, Third Ward

Council Member Edwin H. “Skip” Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward

Council Member Kristina Michele Martens, At Large

Public Hearing

23706 1.

Public Hearing and Resolution on the Proposed Relinquishment of a Surplus Utility Easement Encumbering 622 11th Street

p. 6

Chad Schulhauser, Public Works Engineering Assistant Director, presented on the proposed resolution, which provides for the relinquishment of a surplus utility easement that encumbers real property known as 622 11th Street. The Public Works Department has reviewed the request and determined that the portion of the easement that encumbers the subject property is not needed for utility service. Accordingly, staff recommends that it be relinquished.

The Public Hearing was opened by President Lilliquist

One member of the public spoke at the Public Hearing.

The Public Hearing was closed by President Lilliquist.

Daniel Hammill / Edwin H. “Skip” Williams moved final approval of Resolution #2023-04. MOTION CARRIED 7-0.

City of Bellingham Regular City Council Meeting Page 1 of 8 5/8/2023 Minutes

Mayor’s Report

Standing time for briefings, updates and reports to Council by the Mayor, if needed.

Mayor Seth Fleetwood reported on several events that occurred since the last Council meeting: The Bellingham Public Library opened a new branch at the Bellis Fair Mall; The Cascadia International Women’s Film Festival took place, showcasing 35 films from all over the world telling stories from women’s points of view; There was a ribbon cutting for the Hundred Acre Woods Native Plant Garden which will provide an opportunity for outdoor learning; The Bellingham Bike parade took place over the weekend and over 500 people participated.

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, Kristina Michele Martens

23707 1.

Bid Award for Roeder Lift Station, Bid #35B-2023 (EU180)

p. 34

23708 2.

Eric Johnston, Public Works Director, and Chad Schulhauser, Public Works Assistant Director, summarized the project and the bid award process. The Roeder Lift Station involves construction of a new sanitary sewer lift station and demolition of portions of the existing Roeder Lift Station. The City received 4 bids which were publicly opened on April 18, 2023. IMCO Construction was the responsible bidder who submitted the lowest responsive bid of $17,545,977.44, including any applicable Washington State Sales or Use Tax. The engineer’s estimate was $18,047,678.72. This project will last approximately two and a half years, will include 2,400 apprenticeship hours, and is designed with sea level rise in mind. Funding for this project was already included in the 2023-2024 budget, with revenue coming from regular sewer rates and connection charges. Staff addressed Council Member questions.

Hannah Stone / Lisa Anderson moved to award Bid No. 35B-2023 for the Roeder Lift Station to IMCO of Ferndale, WA as 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 $17,545,977.44 which includes any applicable WSST.

MOTION CARRIED 7-0.

Broadband Resolution p. 39

Eric Johnston, Public Works Director, and Steve Haugen, Superintendent for Traffic and Fiber, briefed the Council on the resolution, which is a revised version of a resolution drafted by the Broadband Advisory Workgroup AdHoc Committee. The Workgroup also produced a Final Report which includes a summary from the facilitator on the process, a summary of meetings, a glossary of definitions, a consultant report, a draft resolution and member statements. This revised resolution

City of Bellingham Regular City Council Meeting Page 2 of 8 5/8/2023 Minutes

23709 3.

is before Council for consideration. Staff recommendation is to adopt the resolution. Since the presentation in September, staff in the Public Works Department and from the Bellingham Library have been working on recommendations outlined in the draft resolution including the issuance of a request for proposal for a fiber optic network comprehensive plan and coordination with regional partners on digital literacy and equity. Johnston elaborated on the difference between broadband and the City’s fiber network and explained the projects and recommendations that are underway already. Haugen introduced John Gaven, who was recently hired as a Fiber Optic Network Engineer. Rebecca Judd, Library Director, gave details on digital literacy and equity efforts. Council Members discussed and asked questions.

Michael Lilliquist / Lisa Anderson moved to amend the Resolution changing the 14th recital to read “Whereas, the City has network engineering staff, but has no dedicated staff resources to support the City’s broadband network; and”.

MOTION CARRIED 7-0.

Michael Lilliquist / Lisa Anderson moved to amend the Resolution, changing “The Broadband Advisory Workgroup’s recommendations are as follows” to “The Broadband Advisory Workgroup’s recommendations are adopted as follows” and final approval of Resolution #2023-05 as amended.

MOTION CARRIED 7-0.

Ordinance Dissolving the Watershed Advisory Board (WAB) by Repealing BMC 2.90 p. 177

Eric Johnston, Public Works Director, and Barbara Wise, Chair of the Watershed Advisory Board, presented on the plan to dissolve the Watershed Advisory Board (WAB) and establish a Water Resources Advisory Board (WRAB). They explained the history of the board and the reasoning of dissolving the WAB and establishing the WRAB. The City of Bellingham established the Lake Whatcom Watershed Advisory Board (WAB) through Ordinance 2000-09-058 for the purpose of guiding the Lake Whatcom property acquisition process. Since then, over the last 23 years, the City has developed and refined the Property Acquisition Program and processes while protecting 2,642 acres and removing 846 development units from the Lake Whatcom Watershed. The program has shifted into implementation mode and this creates an opportunity to consider how to garner resident advice on upcoming water resource issues that are currently outside the purview of the WAB including the Surface and Stormwater Comprehensive Plan, Water System Plan (including source water protection of Lake Whatcom), and Sewer Comprehensive Plan, as well as issues that are gaining prominence such as Lake Padden. Staff and the WAB jointly recommend passing two proposed companion ordinances to create a Water Resources Advisory Board (WRAB) and dissolve the WAB.

Wise voiced concern that dissolving the WAB will reduce the amount of attention given to Lake Whatcom, though she clarified that she has no objections to establishing a WRAB.

Mayor Fleetwood stated that Lake Whatcom would remain an important topic for the WRAB and that it is not the City’s intention to lose focus on Lake Whatcom.

City of Bellingham Regular City Council Meeting Page 3 of 8 5/8/2023 Minutes

23710 4.

Council Members discussed and asked questions.

This item was held until staff can review proposed amendments on the related ordinance, AB #23710, and come back to Council with recommendations.

An Ordinance Establishing a Water Resources Advisory Board (WRAB) and Adding a p. 184 New Chapter 2.91 to the Bellingham Municipal Code

Eric Johnston, Public Works Director, explained what they would be looking for in membership for the new WRAB, describing the breadth of experience they are seeking to establish among the members of the potential new group.

Mayor Fleetwood suggested adding “with confirmation by Council” to the section addressing how members are appointed and removed.

Council Member Anderson read a series of amendments, including the amendment suggested by Mayor Fleetwood, and offered explanation for each of her suggestions.

Council Member Stone suggested bringing this item back to Committee during a future meeting so that Council Members, Administration, staff, and legal have time to review the amendments.

This item was held until staff can review proposed amendments and come back to Council with recommendations.

Public Health, Safety, Justice, and Equity Committee 2:00 PM

Daniel Hammill, Chair

Hollie Huthman, Edwin H. “Skip” Williams

23711

1. Interlocal Agreement with Whatcom County Fire District 4 for Training Facility Use p. 192

Bill Hewett, Fire Chief, presented information on the interlocal agreement. The Bellingham Fire Department has been using the training facility owned by Whatcom County Fire District 4 since 2012 through a series of agreements. The facility, located at 4142 Britton Loop Road, is used for the Bellingham Fire Department’s recruitment academy, paramedic training program, and ongoing training of firefighters. This updated agreement expands the use of the facility and allows for the consolidation of Bellingham Fire Department training staff into one location where the majority of its training occurs. Chief Hewett answered questions from Council Members.

Council Member Hammill stated that he had been at the training facility recently and it was clear to him that the facility was very much needed for the firefighters.

Daniel Hammill / Edwin H. “Skip” Williams moved to approve the interlocal agreement with Whatcom County Fire Protection District No. 4 Concerning Use of the Britton Loop Training Facility.

MOTION CARRIED 7-0.

City of Bellingham Regular City Council Meeting Page 4 of 8 5/8/2023 Minutes

Community and Economic Development 2:10 PM

Hollie Huthman, Chair

Hannah Stone, Kristina Michele Martens

23712 1.

A Presentation by the Port of Bellingham’s Regional Economic Partnership (REP) p. 199

Tara Sundin, Community and Economic Development Manager, introduced Don Goldberg, Port of Bellingham Representative, who provided an overview of the Port of Bellingham’s Regional Economic Partnership (REP) 2022 activities and accomplishments. The City supports a collaborative commitment to fund the REP through an Interlocal Agreement with the Port of Bellingham and Whatcom County. Goldberg reported on the work of the REP, their team and partners, their intentions and vision, deliverables, goal updates, and a look ahead to 2023 and 2024. Goldberg responded to questions from Council Members.

2023-2027 Consolidated Planning Process p. 219

The 2023-2027 Consolidated Plan is required by the Federal Department of Housing & Urban Development (HUD) which identifies community needs and priorities to be funded by the federal Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) over a five-year period. The City uses this planning process to identify priorities for its local housing levy, Affordable Housing Sales Tax and General Fund expenditures. Samya Lutz, Housing and Services Program Manager and Tara Sundin, Community and Economic Development Manager, summarized the consolidated plan, portions of which have been presented to Council over the past four Council meetings. They reported on what actions the Council can take, populations they recommend prioritizing, the role of the Community Development Advisory Board (CDAB) recommendations, rent assistance and cost burden, the Low Income Housing Tax Credit program, local-level housing policy options, and funding recommendations included in the resolution. Council Members discussed and asked questions of staff.

23650 2.

Hollie Huthman / Edwin H. “Skip” Williams moved final approval of Resolution #2023-06.

MOTION CARRIED 7-0.

Committee Of The Whole 3:20 PM

Michael Lilliquist Chair

Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Kristina Michele Martens

23713

1. Comprehensive Plan Periodic Update Overview

p. 406

Blake Lyons, Planning and Community Development Director, Chris Behee, Long Range Planning Manager, and Elizabeth Erickson, Senior Planner, provided an overview of the Comprehensive Plan Periodic Update process that will take place between mid-2023 and mid-2025. Erickson presented a summary of the Comprehensive Plan process, what past periodic updates have looked like, background information, and drivers of change for upcoming work. Behee went into further detail on recent updates, themes of change for the upcoming update, and engagement strategies. Staff

City of Bellingham Regular City Council Meeting Page 5 of 8 5/8/2023 Minutes

23714

will return to Council to launch the project this summer. Staff responded to Council Member questions.

Council Member Anderson requested a work session or presentation for Council Members who have not gone through an update in the past to explain the process in-depth and go through terms and definitions. Lyons agreed that that would be useful and something his staff could provide. Council President Lilliquist suggested that the Association of Washington Cities would also have learning opportunities.

2. Approval of City Council Committee and Regular Meeting Minutes p. 420

Daniel Hammill / Edwin H. “Skip” Williams moved approval of the April 10, 2023 minutes of the regular City Council meeting as submitted.

MOTION CARRIED 7-0.

3. Old/New Business

Council Member Martens reported that she had received several inquiries from Western Washington University students regarding internships. She stated that she would like to hire one of them as an intern and to be able to pay them and that she had spoken to various staff members about the appropriate process to accomplish that. Council Members discussed how an internship program may function in the future.

Council Member Hammill reported that he had attended the grand opening of New Life Center, an outpatient suboxone treatment facility established by the Lummi Nation with additional capacity for inpatient treatment as well. He stated that he was impressed by the leadership shown by the Lummi Tribe on this issue.

Kristina Michele Martens / Hannah Stone moved to request that Mayor Fleetwood direct the Finance Department to bring forward a budget amendment to provide funding for a ten week summer intern.

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.

23715 1.

23716 2.

23717 3.

23718 4.

Sale of Four Police Motorcycles to the Skagit County Sheriff

Authorization of Payroll Labor Cost Payments Dated April 1, 2023 to April 15, 2023

Authorization of A/P Transactions Issued April 14, 2023 through April 20, 2023

Authorization of A/P Transactions Issued April 21, 2023 through April 27, 2023

p. 435 p. 437 p. 438 p. 439

City of Bellingham Regular City Council Meeting Page 6 of 8 5/8/2023 Minutes

23696

1. An Ordinance Amending the 2023-2024 Adopted Biennial Budget Reconciling the Differences Between Estimated 2023 Beginning Reserve Balances and Actual 2023 Beginning Reserve Balances and Applying the Differences to the Ending Reserve Balances

p. 440

23697

AYES: Lilliquist, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None)

EXCUSED: (None)

MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-05-011.

2. An Ordinance Amending the 2023-2024 Biennial Budget, Increasing Appropriation Authority in Various Funds to Pay For Goods and Services Authorized in the Previous Biennium

p. 444

23698

AYES: Lilliquist, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None)

EXCUSED: (None)

MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-05-012.

3. An Ordinance Amending the 2023-2024 Biennial Budget – Amendment No. 3

p. 448

Edwin H. “Skip” Williams / Daniel Hammill moved approval of the Consent Agenda in its entirety.

MOTION CARRIED 7-0.

Final Consideration of Ordinances

Daniel Hammill / Hannah Stone moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote:

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:

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: Lilliquist, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None)

EXCUSED: (None)

MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-05-013. Public Comment Period

City of Bellingham Regular City Council Meeting 5/8/2023 Minutes

Page 7 of 8

City Council heard public comment from eight individuals.

To access the recording, visit https://cob.org/gov/council/public-hearings-and-public-comment- periods/public-comment-period-recordings.

Adjournment

There being no further business, the meeting adjourned at 8:19 pm.

Michael Lilliquist, Council President

ATTEST: Jackie Lassiter, Legislative Assistant. APPROVED: 5/22/2023

  City of Bellingham Regular City Council Meeting 5/8/2023 Minutes

Page 8 of 8

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City of Bellingham

City Council Regular Meeting Minutes May 22, 2023, 7:00 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2898&doctype=1 ]

 Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

   The City Council Regular meeting was called to order by Council President Lilliquist at 7:00pm.

Announcements & Upcoming Meetings:

Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act.

1.

Present:

Council Council Council Council Council Council Council

6/5/23 Public Hearing on an ordinance to extend the existing moratorium on the acceptance or processing of development applications for new development or redevelopment within the RM Zones in the Silver Beach Neighborhood for an additional six months.

Roll Call

Public Hearing

23719

1. Public Hearing Regarding the Draft 2024-2029 Transportation Improvement Program p. 6 (TIP)

Eric Johnston, Public Works Director, Brent Baldwin, Public Works Development Manager, and Chad Schulhauser, Assistant Public Works Director, presented an overview of the 2024-2029 draft Transportation Improvement Program (TIP). The draft TIP includes projects to repair and resurface roadways, construct new bicycle and pedestrian facilities, replace bridges, ameliorate operations at intersections, facilitate movement of freight, enhance transit use, and implement strategies identified in the Climate Action Plan. There will be a Council work session on June 5th to further review the projects.

President Lilliquist opened the public hearing.

One individual provided public comment.

President Michael Lilliquist, Sixth Ward Member Hannah Stone, First Ward

Member Hollie Huthman, Second Ward Member Daniel Hammill, Third Ward

Member Edwin H. “Skip” Williams, Fourth Ward Member Lisa Anderson, Fifth Ward

Member Kristina Michele Martens, At Large

City of Bellingham Regular City Council Meeting Page 1 of 7 5/22/2023 Minutes

23720 1.

Mayor’s Appointment to the Museum Foundation Board (Approval)

p. 34

President Lilliquist closed the public hearing.

Written public comment remains open until Council makes a final decision on the TIP.

Daniel Hammill / Lisa Anderson moved to recommend bringing the TIP to the June 5th Committee of the Whole meeting.

MOTION CARRIED 7-0.

Mayor’s Report

Standing time for briefings, updates, and reports to Council by the Mayor, if needed.

Mayor Fleetwood appointed Rafeeka Kloke to her second term on the Whatcom Museum Foundation Board, which will expire on May 18, 2026, at which time she may be reappointed.

Lisa Anderson / Hannah Stone moved to recommend approval of Rafeeka Kloke to the Whatcom Museum Foundation Board.

MOTION CARRIED 7-0.

Mayor Fleetwood recognized upcoming and future celebrations including,

 May 22nd-26th is National Public Works week. The City is hosting several events including Meet-a-Truck on May 25th from 1pm-3pm. Learn more at https://cob.org/services/environment/education-enviro/national-public-works-week.

 National Emergency Medical Services Week is May 22nd-26th and National Police Week was May 15th-19th. Mayor Fleetwood thanked all first responders for their service and contributions to the community.

 May is Asian, Pacific Islander, Desi American Heritage Month. The City is co-hosting an event, Stories that Shape Us, on May 24th at 6pm in Depot Market Square. You can learn more about this event and others at https://www.wwu.edu/apida.

  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, Kristina Michele Martens

City of Bellingham Regular City Council Meeting 5/22/2023 Minutes

Page 2 of 7

23721 1.

Bid Award for Valencia Street Watermain, BID #15B-2023 (EW238) p. 37

Eric Johnston, Public Works Director, and Chad Schulhauser, Assistant Public Works Director, summarized the project, which includes the replacement of 3,900 linear feet of 12″ watermain, 1,900 linear feet of 48″ storm main, and 1,200 linear feet of 8″ sewer line along with surface reconstruction and related items. The City received eight bids which were publicly opened on April 27, 2023. Strider Construction was the responsible bidder who submitted the lowest responsive bid of $4,477,912.80 including any applicable Washington State Sales or Use Tax. The engineer’s estimate was $4,421,062.00.

Hannah Stone / Lisa Anderson moved to award Bid No. 15B-2023 (EW238) for the Valencia Street Watermain project to Strider Construction as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, $4, 477, 912.80, which includes any applicable WSST.

MOTION CARRIED 7-0.

An Ordinance Establishing a Water Resources Advisory Board (WRAB) and Adding a p. 42 New Chapter 2.91 to the Bellingham Municipal Code

Eric Johnston, Public Works Director, summarized staff changes to the proposed ordinance since the last meeting and in response to Council Member Anderson’s amendments. The Public Works and Natural Resources Committee voted 2-1 to recommend approval of the ordinance titled “Anderson Amendments to Ordinance” in the packet, with the inclusion of an addition from President Lilliquist, “G. The board shall be responsible, in collaboration with staff, for setting its own agenda, work plan, and priorities within the scope and responsibilities as defined in this Chapter with additional due consideration of mandatory and regular plan updates.”

Hannah Stone / Kristina Michele Martens moved for first and second reading as recommended during the Public Works and Natural Resources Committee, the ordinance titled “Anderson Amendments to Ordinance” in the packet, with the inclusion of “G. The board shall be responsible, in collaboration with staff, for setting its own agenda, work plan, and priorities within the scope and responsibilities as defined in this Chapter with additional due consideration of mandatory and regular plan updates.”

Michael Lilliquist / Hannah Stone moved to amend Section F. under 2.91.040 Organization and meetings from “The public works department shall support the board in the fulfillment of the board’s responsibilities, as determined by the board or, if uncertain, City Council” to “The public works department shall support the board in the fulfillment of its responsibilities.”

MOTION TO AMEND CARRIED 6-1. Opposed: Lisa Anderson

AMENDED MOTION FOR FIRST AND SECOND READING FAILED 3-4.

Opposed: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams

23710 2.

City of Bellingham Regular City Council Meeting Page 3 of 7 5/22/2023 Minutes

23709 3.

MOTION TO AMEND CARRIED 5-2.

Opposed: Hannah Stone, Edwin H. “Skip” Williams

AMENDED MOTION FOR FIRST AND SECOND READING CARRIED 7-0.

An Ordinance Dissolving the Watershed Advisory Board (WAB) by Repealing BMC 2.90

Hannah Stone / Daniel Hammill moved for first and second reading.

MOTION CARRIED 7-0.

p. 75

Daniel Hammill / Edwin H. “Skip” Williams moved for first and second reading the ordinance titled “Updated Ordinance” on page 71 of the packet.

Michael Lilliquist / Lisa Anderson moved to amend with the inclusion of “G. The board shall be responsible, in collaboration with staff, for setting its own agenda, work plan, and priorities within the scope and responsibilities as defined in this Chapter with additional due consideration of mandatory and regular plan updates.”

MOTION TO AMEND FAILED 3-4.

Opposed: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams

Lisa Anderson / Kristina Michele Martens moved to amend the following language in 2.91.030 Membership, Section C, #3 “Sanitary sewer utility systems, including wastewater treatment and disposal;”

MOTION TO AMEND CARRIED 4-3.

Opposed: Hannah Stone, Hollie Huthman, Edwin H. “Skip” Williams

Lisa Anderson / Kristina Michele Martens moved to amend 2.91.020 Responsibilities to , “The board shall advise the city council, mayor, public works director, and other city departments on the formulation and implementation of plans, programs and projects concerning the city’s municipal water, sanitary sewer, wastewater treatment and disposal, and surface and stormwater utilities, including the protection and preservation of Lake Whatcom through, in part, the watershed acquisition program, as the city’s primary source of drinking water. Such plans include but are not limited to the water system plan, surface and stormwater comprehensive plan, comprehensive sewer plan, and the Lake Whatcom five-year work plan.”

Committee Of The Whole 1:30 PM

Michael Lilliquist Chair

Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Kristina Michele Martens

City of Bellingham Regular City Council Meeting Page 4 of 7 5/22/2023 Minutes

23722

1. An Ordinance Amending the 2023-2024 Biennial Budget – Amendment No. 4 p. 86

Council Member Martens introduced the ordinance to hire a part-time intern for the City Council focusing specifically on food deserts.

Michael Lilliquist / Hannah Stone moved for first and second reading.

MOTION CARRIED 7-0.

2. An Ordinance Adopting the 2021 International Fire Code with Local Amendments p. 90

Shawn Linville, City Fire Marshal/Division Chief of Life Safety, presented an overview of the proposed ordinance, which adopts the 2021 International Fire Code (as amended by the State) and local amendments contained in Bellingham Municipal Code Chapter 17.20. Proposed local amendments are recommended for adoption effective July 1, 2023 to align with the State’s fire code implementation date.

Michael Lilliquist / Hollie Huthman moved for first and second reading.

MOTION CARRIED 7-0.

3. Adoption of the 2021 Washington State Building Code with Local Amendments p. 97

Sean Angeley, Planning and Community Development Building Official, and Kurt Nabbefeld, Planning Development Services Manager, presented on the proposed ordinance to adopt the 2023 Washington State Building Code. The Washington State Building Code is mostly comprised of national model codes that are adopted by reference and amended at the state level. Because the various codes that comprise the State Building Code have been revised and updated, the City must amend its building code to adopt those revisions. Council Members discussed and asked questions.

Michael Lilliquist / Edwin H. “Skip” Williams moved for first and second reading.

MOTION CARRIED 7-0.

4. Approval of 4/24/2023 City Council Committee and Regular Meeting Minutes p. 138

Daniel Hammill / Edwin H. “Skip” Williams moved approval of the April 24, 2023 and May 8, 2023 minutes of the regular City Council meeting as submitted.

23723

23724

23725

23726

MOTION CARRIED 7-0.

5. Approval of 5/8/2023 City Council Committee and Regular Meeting Minutes

See above motion.

p. 158

Old/New Business

City of Bellingham Regular City Council Meeting Page 5 of 7 5/22/2023 Minutes

President Lilliquist announced that on June 5th, 2023 the City Council will hold a Public Hearing on an ordinance to extend the existing moratorium on the acceptance or processing of development applications for new development or redevelopment within the RM Zones in the Silver Beach Neighborhood for an additional six months.

During Old/New Business at Committee of the Whole, Council Member Hammill proposed and Council supported a motion to consider resolution affirming the City’s values with regard to the use of the proposed public safety tax.

Executive Session 2:20 PM

Closed to the public. Report in the Regular Meeting only:

1. Litigation: Schreib v. State of Washington et al. (Good, approx 10 min)

Staff provided information on a 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.

23727

23728

23729

23730 23731

1. Authorization of A/P Transactions Issued April 28, 2023 through May 04, 2023

2. Authorization of A/P Transactions Issued May 05, 2023 through May 11, 2023

3. A Resolution Setting the Date and Time for a Public Hearing Before the Hearing Examiner for Consideration of a Street Vacation Petition for the Platted Alley within Block 299 of the Supplemental Map of the Town of Whatcom

4. A Resolution Setting the Date and Time for a Public Hearing Before the Hearing Examiner for Consideration of a Street Vacation Petition for the Western 10′ of 10th Street Between Douglas and Taylor Avenues

5. Authorize the Mayor to Enter into an Inter-Agency Agreement with the Department of Ecology for Grant Funding for a Study to Define the Most Effective Maintenance Practices for Stormwater Facilities in the Lake Whatcom Watershed

p. 176 p. 177 p. 178

p. 182

p. 186

Daniel Hammill / Edwin H. “Skip” Williams moved approval of the Consent Agenda in its entirety.

MOTION CARRIED 7-0.

Public Comment Period

City Council heard public comment from 5 individuals.

City of Bellingham Regular City Council Meeting Page 6 of 7 5/22/2023 Minutes

To access the recording, visit https://cob.org/gov/council/public-hearings-and-public%20comment- periods/public-comment-period-recordings.

  Adjournment

There being no further business, the meeting adjourned at 8:44pm.

Michael Lilliquist, Council President

ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 6/5/2023

  City of Bellingham Regular City Council Meeting 5/22/2023 Minutes

Page 7 of 7

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 City of Bellingham

City Council Regular Meeting Minutes June 5, 2023, 7:00 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2899&doctype=1 ]

 Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

   The City Council Regular meeting was called to order by Council President Lilliquist at 7pm.

Announcements & Upcoming Meetings:

Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act.

1. 2.

Present:

Council Council Council Council Council Council

Excused:

Council

On June 26, 2023, the City Council will hold a Public Hearing to consider proposed amendments to the Old Town Overlay District development regulations found in Bellingham Municipal Code 20.35.055-.085.

On June 26, 2023, the City Council will hold a Public Hearing to consider a development agreement between Old Town Village, LLC and Capron, LLC, and the City of Bellingham regarding the redevelopment of property located in the Old Town Subarea.

Roll Call

Public Hearing

23732

1. Public Hearing Regarding the Extension of the Emergency Moratorium on the Acceptance of Development Applications within the RM Zones in the Silver Beach Neighborhood for an Additional Six Months

p. 6

Member Hannah Stone, First Ward President Michael Lilliquist, Sixth Ward Member Hollie Huthman, Second Ward Member Daniel Hammill, Third Ward Member Lisa Anderson, Fifth Ward Member Kristina Michele Martens, At Large

Member Edwin H. “Skip” Williams, Fourth Ward

Alan Marriner, City Attorney, introduced the requested extension of the emergency ordinance. On July 11, 2022, the City Council adopted an emergency ordinance that imposed a 12-month moratorium on the acceptance or processing of applications to redevelop existing or develop new residential multi-family housing in the Silver Beach neighborhood to allow City staff to determine if the multi-family densities in the Silver Beach neighborhood are consistent with existing City policies

City of Bellingham Regular City Council Meeting Page 1 of 8 6/5/2023 Minutes

for protection of Lake Whatcom water quality. City staff need additional time to continue their review and requesting an extension of the moratorium for an additional six months.

President Lilliquist opened the public hearing. 13 individuals provided testimony.

President Lilliquist closed the public hearing.

Daniel Hammill / Lisa Anderson moved for first reading an ordinance to extend the emergency moratorium on the acceptance of development applications within the residential multi-family zones in the Silver Beach neighborhood until January 11, 2024.

MOTION CARRIED 6-0.

Mayor’s Report

Standing time for briefings, updates and reports to Council by the Mayor, if needed.

23733

1. Mayor’s Reappointment to the Historic Preservation Commission (Approval) p. 15

Mayor Fleetwood reappointed Alexandra Costic to her second term on the Historic Preservation Commission, which will expire on June 30, 2026, at which time she may be reappointed.

Daniel Hammill / Lisa Anderson moved to recommend approval of Alexandra Costic to her second term on the Historic Preservation Commission.

MOTION CARRIED 6-0.

2. Mayor’s Appointment of Colin Lowin to the Civil Service Commission (Approval) p. 18

Mayor Fleetwood will return to Council for approval of Colin Lowin to the Civil Service Commission at a later date.

3. Mayor’s Appointments to the Mayor’s Neighborhood Advisory Commission p. 21 (Information)

Mayor Fleetwood appointed the following individuals to the Neighborhood Advisory Commissions,

 Kerri Burnside as the Silver Beach Neighborhood Primary Representative to her first term, which will expire on May 23, 2025, at which time she may be reappointed.

 April Markiewicz as the Samish Neighborhood Primary Representative to her first partial term, which will expire on November 10, 2024, at which time she may be reappointed.

4. Mayor’s Appointments to the Bellingham Housing Authorities Board of p. 26 Commissioners (Information)

23734

23735

23736

City of Bellingham Regular City Council Meeting Page 2 of 8 6/5/2023 Minutes

23737

1. Community Crosswalk Pilot and Program Development

p. 35

Mayor Fleetwood appointed the following individuals to the Bellingham Housing Authorities Board of Commissioners,

 Alana Pattermann to her first partial term, which will expire on April 30, 2025, at which time she may be reappointed.

 Terry Bornemann to his first partial term, which will expire on April 30, 2028, at which time he may be reappointed.

There will be corresponding appointments by the Whatcom County Executive to the Whatcom County Housing Authority Board of Commissioners.

Mayor Fleetwood shared that several Bellingham Pride Events will be held in June and July. You can learn more at https://prideinbellingham.org/.

Mayor Fleetwood in connection with the Downtown Solutions Workgroup, will be announcing additional actions, but one is the expansion of downtown Bellingham Police Department patrols this summer.

Mayor Fleetwood and Council thanked Deputy Administrator Brian Heinrich for his years of service to the City of Bellingham and wished him the best in his new role with Puget Sound Energy.

 Regular Meeting and Committee Sessions

The following are heard in both Committee sessions and Regular Meeting in order below:

Council Standing Committee Meetings:

Committee Of The Whole 1:00 PM

Michael Lilliquist Chair

Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Kristina Michele Martens

Eric Johnston, Public Works Director, welcomed Joel Pfundt, the new Public Works Assistant Director of Transportation, to the City.

The City currently allows neighborhood associations to paint murals at intersections on low volume residential streets following a review by the Arts Commission. Mayor Fleetwood requested staff to consider expanding use of this practice, including applications to crosswalks. Staff are recommending a pilot installation at a crosswalk on Cornwall in June 2023. The resolution also requests the Transportation Commission to recommend a policy related to future installations of crosswalk art and intersection murals. Alan Marriner, City Attorney, and James Erb, Deputy City Attorney, advised on the topic of government speech compared to first amendment speech and the possibility of other groups requesting similar art installations. Council Members discussed and asked questions.

City of Bellingham Regular City Council Meeting Page 3 of 8 6/5/2023 Minutes

23739

Michael Lilliquist / Lisa Anderson moved final approval of Resolution #2023-09.

MOTION CARRIED 6-0.

2. Justice Project Ballot Measure and Resolution of Values p. 41

During the committee meeting, Council discussed and revised a draft resolution and will revisit the resolution at the June 26, 2023 meeting.

Council reviewed and discussed a draft letter to Whatcom County Council regarding the Justice Project Implementation Plan. Council President Lilliquist and Councilmember Hammill agreed to finalize and submit the letter by June 11th.

3. An Ordinance Amending the 2023-2024 Biennial Budget – Amendment No. 5 p. 104

Forrest Longman, Deputy Finance Director, introduced the ordinance, which amends the 2023- 2024 Biennial Budget by adding an accountant position in the Finance Department and recognizing revenues and expenditures related to a grant for the Old City Hall Building Envelope project.

Michael Lilliquist / Hollie Huthman moved for first and second reading.

MOTION CARRIED 6-0.

4. Adoption of the 2024-2029 Transportation Improvement Program (TIP) p. 109

On May 22, Council held a public hearing on the 2024-2029 Transportation Improvement Program (TIP). Eric Johnston, Public Works Director, and Chad Schulhauser, Assistant Public Works Director, returned to address Council questions from the public hearing. The draft TIP resolution includes projects to repair and resurface roadways, construct new bicycle and pedestrian facilities, replace bridges, ameliorate operations at intersections, facilitate movement of freight, enhance transit use, and implement strategies identified in the Climate Action Plan. Council Members discussed and asked questions.

Michael Lilliquist / Lisa Anderson moved final approval of Resolution #2023-10.

MOTION CARRIED 6-0.

5. Washington State 2023 Legislative Session Housing Recap p. 150

Blake Lyon, Director of Planning and Community Development, provided an overview of the recent 2023 Washington State legislative session and impacts on the Bellingham community. Council Members discussed and asked questions. The Department will return to Council for future discussion on Accessory Dwelling Units and impacts of the state laws.

6. Approval of 5/22/2023 City Council Committee and Regular Meeting Minutes p. 153

23738

23740

23741

23748

City of Bellingham Regular City Council Meeting Page 4 of 8 6/5/2023 Minutes

Kristina Michele Martens / Daniel Hammill moved approval of the May 22, 2023 minutes of the regular City Council meeting as submitted.

MOTION CARRIED 6-0.

Old/New Business

Council Member Stone requested if staff could identify City property purchases from Executive Session that are located in the watershed.

Executive Session 3:00 PM

Closed to the public. Report in the Regular Meeting only:

1.

Potential Litigation and Litigation (Kraham, approx 15 min)

Staff provided information on a litigation matter.

Lisa Anderson / Daniel Hammill moved to authorize the Mayor to sign a letter in support of the City of Berkeley’s Petition for Rehearing En Banc in CRA vs. City of Berkeley in the event several cities in Washington and Oregon decide to file such a letter with the 9th Circuit.

MOTION CARRIED 6-0.

Potential Property Acquisition (Marriner, approx 5 min)

Staff provided information on a potential property acquisition. For information and discussion. No action taken.

Schreib v. State of Washington et al. (Good, approx 5 min)

Staff provided information on resolving a litigation matter.

Daniel Hammill / Lisa Anderson moved to authorize the Mayor to enter into a settlement agreement with Rodney Schreib with the following terms: Dismissal of the lawsuit filed in Skagit Superior Court for the payment of $100,000 to GLP P.S. Inc., his attorneys.

MOTION CARRIED 6-0.

Labor Relations: Review Contract Proposal for What-Comm Dispatchers Guild (Monahan, approx 5 min)

Review Contract Proposal and Ratification of What-Comm Dispatchers Guild Bargaining Agreement regarding wages, insurance and work schedule.

Daniel Hammill / Lisa Anderson moved to ratify the agreement reached with the following general terms:

2.

3.

4.

City of Bellingham Regular City Council Meeting Page 5 of 8 6/5/2023 Minutes

5.

6.

Duration: January 1, 2023 through December 31, 2024.

Wages and Compensation:

• Effective January 1, 2023: 4% COLA and 3% market adjustment

• Effective January 1, 2024: 3% COLA and a 1% market adjustment

Medical Insurance:

• For 2023, maintain current language to increase the City’s contribution to Medical Health Care by 5%

• For 2024, increase the City’s contribution to Medical Heath Care by 6%Medical Insurance: MOTION CARRIED 6-0.

Potential Property Acquisition (Potter, approx 5 min)

Staff provided information on a potential property acquisition. For information and discussion. No action taken.

Potential Property Acquisition (Potter, approx 5 min)

Staff provided information on a potential property acquisition.

Lisa Anderson / Hollie Huthman moved to authorize the Mayor to execute a purchase and sale agreement and close a real estate transaction to acquire an approximately .23-acre property located adjacent to park property on Wilkin Street for $10,000.

MOTION CARRIED 6-0.

Potential Property Acquisition (Stamps, approx 5 min)

Staff provided information on a potential property acquisition of two watershed parcels totaling 10.2 acres with twenty-six potential development units.

Lisa Anderson / Hollie Huthman 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, SV-II LLC & SV-III LLC, with a purchase price of $640,000 and with closing to occur on or around June 23, 2023.

MOTION CARRIED 6-0.

7.

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.

23742 1. Authorization of Payroll Labor Cost Payments Dated April 15, 2023 to April 30, 2023 p. 166

City of Bellingham Regular City Council Meeting Page 6 of 8 6/5/2023 Minutes

23743

23744

23745

23746

23747

23749

2. Authorization of A/P Transactions Issued May 12, 2023 through May 18, 2023 3. Authorization of A/P Transactions Issued May 19, 2023 through May 25, 2023 4. Department of Ecology Inter-Agency Agreement for Post Point Grant Funding 5. Sale of Two Police Motorcycles to Pierce County

6. Interagency Reimbursement Agreement Between the Washington State Administrative Office of the Courts and Bellingham Municipal Court

7. Interlocal Agreement with Whatcom Conservation District for Wildfire Risk Reduction Education

p. 167 p. 168 p. 169 p. 194 p. 201

p. 207

23709 2.

AYES: Stone, Lilliquist, Huthman, Hammill, Anderson, Martens NAYS: (None)

EXCUSED: Williams

MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-06-014.

An Ordinance of the City of Bellingham, Washington Dissolving the Watershed

Advisory Board, Repealing Bellingham Municipal Code Chapter 2.90

p. 220

Daniel Hammill / Kristina Michele Martens moved approval of the Consent Agenda in its entirety with a correction to item #6, increasing the City reimbursement from $311, 745.00 to $360,967.00.

MOTION CARRIED 6-0.

Final Consideration of Ordinances

23710 1.

An Ordinance of the City of Bellingham, Washington Establishing a Water Resources p. 215 Advisory Board; Adding a New Chapter 2.91 to the Bellingham Municipal Code

Daniel Hammill / 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:

Lisa Anderson / Daniel Hammill 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: Stone, Lilliquist, Huthman, Hammill, Anderson, Martens NAYS: (None)

EXCUSED: Williams

MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-06-015.

City of Bellingham Regular City Council Meeting 6/5/2023 Minutes

Page 7 of 8

3. An Ordinance Amending the 2023-2024 Biennial Budget – Amendment No. 4 p. 224

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: Stone, Lilliquist, Huthman, Hammill, Anderson, Martens NAYS: (None)

EXCUSED: Williams

MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-06-016.

Council Member Stone inquired about a second reading for the Emergency Moratorium ordinance.

Hannah Stone / Lisa Anderson moved to conduct a second reading of the ordinance to extend the emergency moratorium on the acceptance of development applications within the residential multi-family zones in the Silver Beach neighborhood until January 11, 2024.

MOTION CARRIED 6-0.

Public Comment Period

City Council heard public comment from nine individuals.

To access the recording, visit https://cob.org/gov/council/public-hearings-and-

23722

 public%20commentperiods/public-comment-period-recordings. Adjournment

There being no further business, the meeting adjourned at 9:20pm.

Michael Lilliquist, Council President

ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 6/26/2023

   City of Bellingham Regular City Council Meeting 6/5/2023 Minutes

Page 8 of 8

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City of Bellingham

City Council Regular Meeting Minutes June 26, 2023, 7:00 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2900&doctype=2 ]

 Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

   The City Council Regular meeting was called to order by Council President Lilliquist at 7:00pm.

Announcements & Upcoming Meetings:

Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act.

1.

Present:

Council Council Council Council Council Council

Excused

Council

The Council will hold a Public Hearing on Monday, July 10, 2023 at 7:00 PM regarding a resolution to submit to the voters a property tax levy to acquire, improve, develop and maintain greenways, open space, wildlife habitat and corridors, urban trees, parks, park facilities and trails (Greenways V).

Roll Call

Public Hearing

23750 1.

Public Hearing to Consider an Ordinance Amending the Old Town Overlay District Development Regulations in Bellingham Municipal Code Sections 20.35.065, 20.35.070, and 20.35.075

p. 6

Member Hannah Stone, First Ward

Member Hollie Huthman, Second Ward Member Daniel Hammill, Third Ward

Member Edwin H. “Skip” Williams, Fourth Ward Member Lisa Anderson, Fifth Ward

Member Kristina Michele Martens, At Large

President Michael Lilliquist, Sixth Ward

Tara Sundin, Economic and Development Director, and Chris Koch, Planner II, introduced proposed amendments to the Old Town Overlay District development regulations found in Bellingham Municipal Code 20.35.065-.075 including, allowing additional interim light industrial uses, adjusting floor area bonuses and transfers between development sites, and eliminating parking requirements.

Council Members discussed the amendments and asked questions.

City of Bellingham Regular City Council Meeting Page 1 of 8 6/26/2023 Minutes

23751

Council President Pro Tem Hammill opened the public hearing. Eight individuals provided testimony.

Council President Pro Tem Hammill closed the public hearing. MOTION CARRIED 6-0.

Hollie Huthman / Edwin H. “Skip” Williams moved to refer this agenda bill to the Committee of the Whole meeting for futher discussion.

2. A Public Hearing to Consider a Development Agreement Regarding the p. 124 Redevelopment of Property Located in the Old Town Subarea, Consistent with the

Old Town Urban Village Plan

Tara Sundin, Economic and Development Director, and Curt O’Conner spoke to the Development Agreement with Old Town Village, LLC and Capron LLC who have purchased or have contracts to purchase several land parcels within the Old Town Subarea of Bellingham. Council Members discussed the agreement and asked questions.

Council President Pro Tem Hammill opened the public hearing. Four individuals provided testimony.

Council President Pro Tem Hammill closed the public hearing. MOTION CARRIED 6-0.

Hollie Huthman / Lisa Anderson moved to refer this agenda bill to the Committee of the Whole meeting for futher discussion.

Mayor’s Report

Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.

23752

1. Mayor’s Appointment to the Bellingham-Whatcom Public Facilities District p. 156 (Approval)

Mayor Fleetwood appointed Loraine Boland to her first term on the Bellingham-Whatcom Public Facilities District that will expire on June 26, 2027, at which time she may be reappointed.

Hollie Huthman / Lisa Anderson moved to recommend approval of Loraine Boland to the Bellingham-Whatcom Public Facilities District.

MOTION CARRIED 6-0.

City of Bellingham Regular City Council Meeting Page 2 of 8 6/26/2023 Minutes

Mayor Fleetwood highlighted upcoming celebrations in the area including,

 Independence Day celebration at Zuanich Point Park from 2pm-11pm with fireworks beginning at 10:30pm. The City of Bellingham does not allow consumer use of fireworks.

 July 8th and 9th are Bellingham Pride events. Learn more at, Pride In Bellingham.

 The City is sponsoring the All Hand Whatcom Opioid Summit on June 27th and 28th. More

information can be found, All Hands Whatcom Opioid Summit — Chuckanut Health Foundation.

Mayor Fleetwood shared that downtown Bellingham Police Department patrols have begun for the summer and Public Works recently completed a beautification project downtown, cleaning every street and sidewalk, including deep cleaning alleyways.

Presentation

   23753

1. Legislative Update from State Representatives Alex Ramel and Joe Timmons p. 159

State Representatives Alex Ramel, 40th Legislative District, and Joe Timmons, 42nd Legislative District, summarized activity from the 2023 State Legislative Session related to housing, behavioral health, drug possession (Blake fix), law enforcement training, education, taxation, transportation, and climate change.

23754

1. Bid Award for Old City Hall Exterior Repairs Bid #44B-2023

p. 160

Council Members thanked the members for attending and asked questions.

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, Kristina Michele Martens

Mike Olinger, Assistant Director of Public Works, and Carol Rofkar, Superintendent of Communications, Facilities, and Fleet, introduced the bid award for Old City Hall. The Old City Hall repair project includes cleaning and repair of the existing brick and sandstone masonry, restoration and structural improvements of the cast iron columns, replacement of wood windows, and roof repairs. Bear Wood Windows was the responsible bidder who submitted the lowest responsive bid of $1,263,168.00 including any applicable Washington State Sales or Use Tax.

Council Members discussed and asked questions. The committee delayed the vote on Bid #44B- 2023 until there is clarification about the vendor’s participation in apprenticeship programs.

City of Bellingham Regular City Council Meeting Page 3 of 8 6/26/2023 Minutes

Parks and Recreation 1:10 PM

Edwin H. “Skip” Williams, Chair Hollie Huthman, Lisa Anderson

23755

1. Resolution Designating July 2023 Parks and Recreation Month p. 165

Nicole Oliver, Parks Recreation Director introduced the resolution to celebrate July as Parks and Recreation Month. The U.S. House of Representatives designated July as Parks & Recreation Month and the City of Bellingham recognizes the environmental, economic, ecological, and educational value of our extraordinary Parks & Recreation system. Council Member Stone discussed an alternative of indefinitely establishing July as Parks and Recreation month.

23756

Edwin H. “Skip” Williams / Hollie Huthman moved final approval of Resolution #2023-11.

MOTION CARRIED 6-0.

2. Resolution Establishing Facility Reinvestment and Water Conservation Surcharge at Lake Padden Golf Course

p. 168

23757

Steve Janiszewski, Parks Operations Manager, and Mike Fosnick, Director of Operations at Troon/Premier Golf, introduced the resolution to set improvements for the Lake Padden Golf Course by raising rates on the Facility Reinvestment/Water Conservation fee by $4 per round to the current golf rate and $2 per round of disc golf.

Edwin H. “Skip” Williams / Lisa Anderson moved final approval of Resolution #2023-12. MOTION CARRIED 5-1.

Opposed: Hannah Stone

3. Introduction of a Resolution to Submit to the Voters a Property Tax Levy to Acquire, p. 191 Improve, Develop and Maintain Greenways, Open Space, Wildlife Habitat and

Corridors, Urban Trees, Parks, Park Facilities and Trails (Greenways V)

Mayor Fleetwood, Nicole Oliver, Parks and Recreation Director, and Peter Gil, Park Planning and Development Coordinator, Neil Schaner, Greenways Advisory and Greenways V Levy Committees, introduced the resolution for the Greenways V levy. In 1990, Bellingham initiated a Greenway Program that levied additional property taxes to raise funds to “acquire, develop and maintain greenways, open space sites, parks, park facilities and trails.” Three subsequent levies were approved by voters in 1997, 2006 and 2016, and the proposed resolution is for a fifth levy to continue the program for another ten years at a levy rate of $.41/$1,000 of assessed value. By the end of 2023, the program will have brought in over $102 million, with 3,200 acres purchased, plus 2,400 acres of recreational trails on Galbraith Mountain, 87 trail miles and multiple park and trail development projects.

Council Members discussed and asked questions. The Council discussed whether to host a public hearing on the Greenways V Levy.

City of Bellingham Regular City Council Meeting Page 4 of 8 6/26/2023 Minutes

23739

Daniel Hammill / Hollie Huthman moved final approval of Resolution #2023-13.

MOTION CARRIED 6-0.

2. A Resolution Affirming the City of Bellingham Values with Regard to the Proposed Ballot Measure for the Purpose of Providing Funds for Costs of Public Health, Safety and Justice Facilities and Services, Including Behavioral Health, Housing, Public Safety, and Criminal Justice Facilities and Programs

p. 226

Edwin H. “Skip” Williams / Kristina Michele Martens moved to hold a public hearing at the Regular City Council meeting on July 10, 2023 on the Greenways V Levy.

MOTION CARRIED 6-0.

Committee Of The Whole 2:00 PM

Michael Lilliquist Chair

Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Kristina Michele Martens

23758

1. A Resolution Agreeing to a Schedule for Joint County and City Review of Urban Growth Areas

p. 199

Chris Behee, Long Range Planning Manager, introduced the resolution to establish a draft schedule for coordination of the Urban Growth Areas review. The Growth Management Act (GMA) indicates that county and city comprehensive plans must be coordinated and consistent (RCW 36.70A.100). The GMA also requires that Whatcom County, in conjunction with the cities, complete the urban growth area (UGA) review by June 2025 (RCW 36.70A.130).

Mayor Fleetwood spoke in support of a resolution affirming the City’s values as they relate to the County’s ongoing efforts to plan for and construct new correctional and behavioral health facilities, and to expand behavioral health services and related programs, and a letter addressed to the Whatcom County Council and Whatcom County Executive thanking them for improvements to the Justice Project Implementation Plan based upon the City’s June 9, 2023 letter.

Daniel Hammill / Lisa Anderson moved final approval of Resolution #2023-14. MOTION CARRIED 6-0.

Daniel Hammill / Edwin H. “Skip” Williams moved to recommend approval of the letter to the Whatcom County Council and Whatcom County Executive from the City Council President Pro Tem and Mayor Fleetwood expressing gratitude for improvements to the Justice Project Implementation Plan.

MOTION CARRIED 6-0.

City of Bellingham Regular City Council Meeting Page 5 of 8 6/26/2023 Minutes

23759 3.

Presentation on Washington State’s New Drug Laws p. 302

Ryan Anderson, City’s Lead Prosecutor, presented on the Washington State Legislature’s long-term replacement for the laws addressing drug possession and use (the “Blake” fix). Provisions of the new laws take effect July 1, 2023. The new laws make knowing possession and use of prohibited substances in a public place gross misdemeanors. Bellingham Municipal Court has jurisdiction over misdemeanor and gross misdemeanor offenses occurring within the City limits of Bellingham. In order to enforce and prosecute these offenses in Bellingham Municipal Court, the new laws must be adopted by reference into the Bellingham Municipal Code. The City must decide if violations of these laws will be enforced and processed in the City of Bellingham Municipal Court System.

Mayor Fleetwood, Chief Mertzig, and the City Attorney’s Office recommend adopting by reference the relevant state drug laws which make knowing drug possession and use in public gross misdemeanor offenses and provides for both pre and post charging diversion options. Council requested the administration return for additional discussion of State Senate Bill 5536 at the next Committee of the Whole work session for consideration to adopt the state legislation and repeal BMC 10.08.110.

Approval of the 6/5/2023 City Council Committee and Regular Meeting Minutes p. 315

Lisa Anderson / Hollie Huthman moved approval of the June 5, 2023 minutes of the regular City Council meeting as submitted.

MOTION CARRIED 6-0.

Old/New Business

Council Member Stone sought feedback from the Council regarding community petitions including recognizing natural rights of orcas, supporting the Lummi Nation in opposing the marine terminal at the Port of Vancouver, and the reestablishment of longhouses along the Salish Sea. Council expressed support for outreach with the Lummi Nation as a first step in supporting future Council resolutions.

23770 4.

5.

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.

23760 1.

23761 2.

23762 3.

23763 4.

23764 5.

Authorization of A/P Transactions Issued May 26, 2023 through June 01, 2023

Authorization of A/P Transactions Issued June 01, 2023 through June 08, 2023

Authorization of A/P Transactions Issued June 09, 2023 through June 15, 2023

Authorization of Payroll Labor Cost Payments Dated May 1, 2023 to May 15, 2023

Authorization of Payroll Labor Cost Payments Dated May 16, 2023 to May 31, 2023

p. 329 p. 330 p. 331 p. 332 p. 333

City of Bellingham Regular City Council Meeting Page 6 of 8 6/26/2023 Minutes

23765 6. 23766 7.

23767 8. 23768 9.

23769 10.

Inter-Agency Agreement to Provide Grant for Protection Order System Improvement p. 334 Planning

An Inter-Agency Agreement with the Department of Ecology for Grant Funding to p. 355 Study and Define the Most Effective Operations and Maintenance Practices for

Stormwater Facilities in the Lake Whatcom Watershed

Interlocal Agreement with Whatcom Council of Governments p. 400

An Inter-Agency Agreement with the Department of Ecology for Grant Funding for p. 409 Stormwater Water Quality Treatment Facilities in the Lake Whatcom Watershed

An Inter-Agency Agreement with the Department of Ecology for Grant Funding for p. 459 Stormwater Water Quality Treatment Facilities in the Birchwood Neighborhood

Hollie Huthman / Edwin H. “Skip” Williams moved approval of the Consent Agenda in its entirety.

MOTION CARRIED 6-0.

Final Consideration of Ordinances

23732 1.

An Ordinance Extending a Moratorium on Development Applications and Permits for p. 509 Multi-Family Zoned Properties in the Silver Beach Area for an Additional 6 Months to

Allow the City to Review Development Options and Existing Regulations to Ensure

they are Consistent with Adopted Goals and Policies

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:

23738 2.

AYES: Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None)

EXCUSED: Lilliquist

MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-06-017.

An Ordinance Amending the 2023-2024 Biennial Budget – Amendment No. 5

p. 516

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: Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None)

EXCUSED: Lilliquist

MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-06-018.

City of Bellingham Regular City Council Meeting 6/26/2023 Minutes

Page 7 of 8

MOTION CARRIED 6-0.

Public Comment Period

City Council heard public comment from five individuals.

To access the recording, visit https://cob.org/gov/council/public-hearings-

andpublic%20commentperiods/public-comment-period-recordings. Adjournment

There being no further business, the meeting adjourned at 10:21pm.

Daniel Hammill, Council President Pro Tem

ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 7/10/2023

    City of Bellingham Regular City Council Meeting 6/26/2023 Minutes

Page 8 of 8

***********************************************

 City of Bellingham

City Council Regular Meeting Minutes July 10, 2023, 7:00 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2901&doctype=2 ]

 Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

   The City Council Regular meeting was called to order by Council President Lilliquist at 7:00pm.

Announcements & Upcoming Meetings:

Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act.

Roll Call

Present:

Council President Michael Lilliquist, Sixth Ward

Council Member Hannah Stone, First Ward

Council Member Hollie Huthman, Second Ward

Council Member Daniel Hammill, Third Ward

Council Member Edwin H. “Skip” Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward

Council Member Kristina Michele Martens, At Large

Public Hearing

23772

1. Public Hearing on a Resolution to Submit to the Voters a Property Tax Levy to Acquire, Improve, Develop and Maintain Greenways, Open Space, Wildlife Habitat and Corridors, Urban Trees, Parks, Park Facilities and Trails (Greenways V)

President Lilliquist opened the Public Hearing.

Seven individuals provided testimony.

President Lilliquist closed the Public Hearing.

p. 6

Nicole Oliver, Parks and Recreation Director, introduced the resolution to place the Greenways V Levy onto the November ballot. Council Members asked questions in response to public comment.

Edwin H. “Skip” Williams / Daniel Hammill moved final approval of Resolution #2023-15. MOTION CARRIED 7-0.

City of Bellingham Regular City Council Meeting Page 1 of 8 7/10/2023 Minutes

Mayor’s Report

Standing time for briefings, updates and reports to Council by the Mayor.

Mayor Fleetwood remembered Julianna Guy, for her contributions to the Bellingham community, particularly in the Cordata neighborhood. Her memorial service will be at 1pm on July 22nd at the Bellingham Unitarian Fellowship Church.

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 10:00 AM

Hannah Stone, Chair

Lisa Anderson, Kristina Michele Martens

23773

1. Bid Award for Old City Hall Exterior Repairs Bid #44B-2023

p. 14

23774

The Old City Hall repair project includes cleaning and repair of the existing brick and sandstone masonry, restoration and structural improvements of the cast iron columns, replacement of wood windows, and roof repairs. Bear Wood Windows was the responsible bidder who submitted the lowest responsive bid of $1,263,168.00 including any applicable Washington State Sales or Use Tax. At the June 26, 2023 Council meeting, Council Members delayed the vote on Bid #44B- 2023 until there was clarification about the vendor’s participation in apprenticeship programs.

Eric Johnston, Public Works Director, and Mike Olinger, Assistant Director of Public Works, returned to provide an update that the contract does not include a requirement for an apprenticeship program since the number of working days is less than 70. Council Members discussed and asked questions.

Hannah Stone / Hollie Huthman moved to award Bid No. #44B-2023 for the Old City Hall exterior repairs to Bear Wood Windows of Lakewood, WA as 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 $1,263,168.00, which includes any applicable WSST.

MOTION CARRIED 7-0.

2. Bid Award for Westside Non-Motorized Improvements ES563, Bid# 55B-2023 p. 19

Eric Johnston, Public Works Director, and Jessica Bennett, Public Works Engineer, presented on the Westide Non-Motorized improvements project, which will add and improve bicycle and pedestrian infrastructure in 15 locations throughout Bellingham. including improvements to existing roadways for pedestrians and people on bicycles in the following areas: Eldridge Ave, from Broadway Ave to Nequalicum Ave; Cornwall Ave, from Granary Ave to Wharf St; and thirteen individual crossing locations. The contract does not include a requirement for an apprenticeship program since the

City of Bellingham Regular City Council Meeting Page 2 of 8 7/10/2023 Minutes

23791

number of working days is less than 70. Colacurcio Brothers Inc. was the lowest responsible bidder of $1,675,874.00 including any applicable Washington State Sales or Use Tax.

Hannah Stone / Edwin H. “Skip” Williams moved to award Bid No. 55B-2023 for westside non- motorized improvements ES563 to Colacurcio Brothers, Inc of Blaine, WA as 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 $1,675,874.00, which includes any applicable WSST.

MOTION CARRIED 7-0.

3. Bid Award for Lincoln – E. Maple Signal and Non-Motorized Improvements ET034, p. 25 Bid# 54B-2023

Eric Johnston, Public Works Director, and Jessica Bennett, Public Works Engineer, presented on the Lincoln-Maple signal and non-motorized improvements ET304 project includes several improvements including:

• A new traffic signal at Lincoln St. and E Maple St. and non-motorized improvements

• Lincoln St. from E. Maple to Fred Meyer’s south driveway will be rechannelized to provide

buffered protected bike lanes.

• A new protected pedestrian crossing and a transit island will be installed at Viking Circle and

Lincoln St.

• New sidewalk along the west edge of E. Maple/Ashley will be installed along with a new

marked crosswalk at Consolidation and Ashley.

Council Members discussed and asked questions. The contract does not include a requirement for an apprenticeship program since the number of working days is less than 70. Colacurcio Brothers Inc. was the lowest responsible bidder of $1,110,076.00 including any applicable Washington State Sales or Use Tax.

Hannah Stone / Lisa Anderson moved to award Bid No. 54B-2023 for Lincoln Maple Signal and non- motorized improvement project ET034 to Colacurcio Brothers, Inc of Blaine, WA as 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 $1,110,076.00, which includes any applicable WSST.

MOTION CARRIED 7-0.

4. Water System Plan Update – Outreach and Engagement p. 30

Eric Johnston, Public Works Director, Mike Olinger, Assistant Director of Public Works, and Riley Grant, Public Works Communications and Outreach Program Manager, presented on a plan to update the City’s existing Water System. As a Class A water purveyor, the City is required to plan for all elements of its water utility system, including source protection, water rights, customer service level policies, treatment, storage, distribution, technical engineering analysis and financial planning. The updated Water System Plan includes recommendations on rates and charges needed to fund utility operations and capital improvements. Council Members discussed and asked questions. The

23775

City of Bellingham Regular City Council Meeting Page 3 of 8 7/10/2023 Minutes

department will return in late summer or early fall of 2024 for a follow-up presentation, requesting a decision from the Council.

Public Health, Safety, Justice, and Equity Committee 11:00 AM

Daniel Hammill, Chair

Hollie Huthman, Edwin H. “Skip” Williams

23771

1. Presentation of the Incarceration Prevention and Reduction Task Force 2023 Annual p. 38 Report

Jack Hovenier and Stephen Gockley, Co-Chairs of the Whatcom County Incarceration Prevention and Reduction Task Force (IPRTF), presented on the Task Force’s 2023 Annual Report. The full IPRTF report is available online, https://www.whatcomcounty.us/DocumentCenter/View/75750/2023- Annual-Report-FINAL.

The Task Force was formed in 2015 to review Whatcom County’s criminal justice and behavioral health programs, recommend changes to reduce incarceration of individuals struggling with mental illness and chemical dependency, and to reduce jail use by pretrial defendants who can be safely released. The Task Force also serves as the County’s Law and Justice Council. Members include representatives from organizations involved in criminal justice and law enforcement, policy makers, service providers, members of the public, and consumers of services. Council Members discussed the report and asked questions.

  Committee Of The Whole 1:00 PM

Michael Lilliquist Chair

Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Kristina Michele Martens

23776

23777

1. A Briefing on Launching The Bellingham Plan: A 2025 Periodic Update to the Comprehensive Plan

p. 74

Chris Behee, Long Range Planning Manager, and Elizabeth Erickson, Senior Planner, provided a briefing on the launch of the Comprehensive Plan including the scope, schedule, and community engagement plans. The City must provide an updated report to the state in mid-2025. Council Members discussed and asked questions regarding the Comprehensive Plan, process and potential impacts of State legislation.

2. Consideration of an Amended Conservation Easement and Conservation Easement p. 98 Assignment Agreement for Hundred Acre Wood with the Chuckanut Community

Forest Park District (CCFPD) and the Whatcom Land Trust (WLT)

Alan Marriner, City Attorney, Nicole Oliver, Parks and Recreation Director, and Bob Carmichael, Attorney for the Park District, presented on an amended conservation easement and a conservation easement assignment agreement for the Hundred Acre Wood. The Chuckanut Community Forest Park District (CCFPD) has paid off the loan purchase and is preparing to assign its interest in the conservation easement to the Washington Land Trust (WLT), and then dissolve. To facilitate these

City of Bellingham Regular City Council Meeting Page 4 of 8 7/10/2023 Minutes

23778

actions by CCFPD, staff recommends Council approve the attached amended conservation easement and conservation easement assignment agreement for Hundred Acre Wood.

Michael Lilliquist / Edwin H. “Skip” Williams moved to recommend approval of adopting an amended conservation easement, a second amended conservation easement, and an assignment agreement for the Hundred Acre Wood property with the Chuckanut Community Forest Park District (CCFPD) and Whatcom Land Trust (WLT).

MOTION CARRIED 7-0.

3. An Ordinance Creating a New Fund to Account for the Construction of the What- p. 144 Comm Emergency 911 Facility and Amending the 2023-2024 Biennial Budget –

Amendment No. 6

Andy Asbjornsen, Finance Director, and Forrest Longman, Deputy Finance Director, presented on the proposed budget ordinance. The budget ordinance creates a new fund to account for the construction and design of a new What-Comm Emergency 911 Facility and appropriates funds to perform a feasibility study and concept design for a recently purchased park property on Meridian Street for trails and a new location for the Swift Haven and Unity Village tiny home communities.

Michael Lilliquist / Hollie Huthman moved for first and second reading.

MOTION CARRIED 7-0.

4. Work Session to Consider an Ordinance Amending the Old Town Overlay District p. 154 Development Regulations

On June 26, 2023 City Council held a hearing on the ordinance, which proposes amendments to the Old Town Overlay District development regulations found in Bellingham Municipal Code 20.35.065- .075 including allowing additional interim light industrial uses, adjusting floor area bonuses and transfers between development sites, and eliminating parking requirements. Blake Lyon, Planning and Community Development Director, Tara Sundin, Community and Economic Development Manager, and Chris Koch, Planner 2, returned to further address Council questions.

Michael Lilliquist / Hollie Huthman moved for first and second reading of the ordinance as amended during the Committee of the Whole meeting to adopt the Planning Commission’s proposed amendments to the Old Town Overlay District development regulations in BMC 20.35.055-.085 with the following exceptions: adopting new minimum bicycle parking standards consistent with previous adopted urban villages’ bicycle parking standards; and, regarding FAR bonuses, retaining the existing “public plazas and open space” FAR bonus provision.

MOTION CARRIED 5-2.

Opposed: Lisa Anderson, Kristina Michele Martens

23779

City of Bellingham Regular City Council Meeting Page 5 of 8 7/10/2023 Minutes

23780

5. Work Session to Consider a Resolution Authorizing the Mayor to Enter Into a p. 279 Development Agreement Regarding the Redevelopment Located in the Old Town

Subarea

On June 26, 2023, City Council held a public hearing to consider a Development Agreement with Developers (Old Town Village, LLC and Capron, LLC) who have sought partnership with the City to develop several parcels of property within the Old Town Subarea. Blake Lyon, Planning and Community Development Director, and Tara Sundin, Community and Economic Development Manager, returned to address Council questions.

Michael Lilliquist / Edwin H. “Skip” Williams moved final approval of Resolution #2023-16.

MOTION CARRIED 7-0.

6. Discussion of Initiative No. 2023-1 to Raise the Minimum Wage p. 306

James Erb, Deputy City Attorney, presented on the initiative to raise the minimum wage. The County Auditor has reviewed the initiative petition entitled “Initiative No. 2023-01 Raise the Minimum Wage” and verified that the petitioners collected signatures equal to not less than 10% of the total number of votes cast for the Office of Mayor at the last preceding municipal general election, i.e., 3,093. Council must respond to the initiative, as required by the Charter and the Municipal Code, by enacting the initiative, deferring it to the voters, or rejecting the measure and propose an alternative measure that would appear on the ballot along with the initiative. Council Members discussed and asked questions regarding potential impacts of the initiative.

Council voted in Committee of the Whole to direct staff to defer Initiative No. 2023-01 Raise the Minimum Wage to the voters.

7. Discussion of Initiative No. 2023-02 Regarding Economic Displacement Assistance p. 315

James Erb, Deputy City Attorney, presented on the initiative regarding economic displacement assistance. The Whatcom County Auditor has reviewed the initiative petition entitled “Initiative No. 2023-02 Economic Displacement Assistance” and verified that the petitioners collected signatures equal to not less than 10% of the total number of votes cast for the Office of Mayor at the last preceding municipal general election, i.e., 3,093. Council must respond to the initiative, as required by the Charter and the Municipal Code, by enacting the initiative, deferring it to the voters, or rejecting the measure and propose an alternative measure that would appear on the ballot along with the initiative. Council Members discussed and asked questions regarding potential impacts of the initiative.

Council moved into executive session during Committee of the Whole to discuss Initiative No. 2023- 02 Economic Displacement Assistance for approximately 20 minutes.

Council voted in Committee of the Whole to direct staff to defer Initiative No. 2023-02 Economic Displacement Assistance to the voters.

23781

23782

City of Bellingham Regular City Council Meeting Page 6 of 8 7/10/2023 Minutes

23783

8. A Resolution Affirming that Affordable Housing and Homelessness are a Public p. 323 Health Crisis

On June 26, 2023, Council Member Martens circulated a draft resolution affirming that affordable housing and homelessness are a public health crisis. Council requested the administration review the resolution and return for additional discussion.

Council Members discussed and asked questions on the resolution related to the language, possible inclusion of value statements or references to previous City Council work, titling of the resolution, and impact of declaring a crisis. Council will receive a presentation at the July 24, 2023 meeting regarding rental protections, at which point Council will also review the resolution.

9. Approval of the 6/26/2023 City Council Committee and Regular Meeting Minutes p. 338

Lisa Anderson / Hollie Huthman moved approval of the June 26, 2023 minutes of the regular City Council meeting as submitted.

MOTION CARRIED 6-0. Abstained: Michael Lilliquist

10. Old/New Business

Council Member Martens asked the Planning and Community Development Department to return and discuss the situation at 1325 Billy Frank Jr. regarding code enforcement and tenant protections.

President Lilliquist provided a summary of this afternoon’s Executive Session. Staff provided information on a potential litigation matter. For information and discussion. No action taken.

23784

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.

23785 1. 23786 2.

23787 3.

23788 4. 23789 5. 23790 6.

What-Comm Interlocal Agreement Renewal 2024-2027, Contract # C2300842

Interlocal Agreement with the City of Lynden to House a Medic Unit of the Bellingham Fire Department at the Lynden Fire Station

Acceptance of Washington State Criminal Justice Training Commission Grant for Officer Wellness

Authorization of A/P Transactions Issued June 23, 2023 Through June 29, 2023 Authorization of A/P Transactions Issued June 16, 2023 through June 22, 2023 Authorization of Payroll Labor Cost Payments Dated June 1, 2023 to June 15, 2023

p. 353 p. 372

p. 377

p. 383 p. 384 p. 385

City of Bellingham Regular City Council Meeting Page 7 of 8 7/10/2023 Minutes

Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety.

MOTION CARRIED 7-0.

Public Comment Period

City Council heard public comment from 17 individuals.

To access the recording, visit

https://cob.org/gov/council/publichearingsandpublic%20commentperiods/public-comment-period- recordings.

  Adjournment

There being no further business, the meeting adjourned at 9:06pm.

Michael Lilliquist, Council President

ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 7/24/2023

  City of Bellingham Regular City Council Meeting 7/10/2023 Minutes

Page 8 of 8

***********************************************************************

City of Bellingham

City Council Regular Meeting Minutes July 24, 2023, 7:00 PM

[https://meetings.cob.org/Documents/DownloadFileBytes/City_Council_Regular_Meeting_2902_Minutes_7_24_2023_7_00_00_PM.pdf?documentType=2&meetingId=2902 ]

 Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

   The City Council Regular meeting was called to order by Council President Lilliquist at 7pm.

Announcements & Upcoming Meetings:

Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act.

1.

Present:

Council Council Council Council Council Council Council

On August 14, 2023, the Council will hold a public hearing to consider a comprehensive plan amendment to rezone Area 21 of the Puget Neighborhood and Area 1 of the Samish Neighborhood from Commercial, Auto to Commercial, Planned.

Roll Call

President Michael Lilliquist, Sixth Ward Member Hannah Stone, First Ward

Member Hollie Huthman, Second Ward Member Daniel Hammill, Third Ward

Member Edwin H. “Skip” Williams, Fourth Ward Member Lisa Anderson, Fifth Ward

Member Kristina Michele Martens, At Large

Mayor’s Report

Standing time for briefings, updates, and reports to Council by the Mayor.

23792

1. Mayor’s Appointments to the Immigration Advisory Board (Approval)

p. 6

Mayor Fleetwood appointed Gabriela Montenegro and Jian He to their first terms, which will expire on July 24, 2025, at which time they may be reappointed.

Mayor Fleetwood appointed Imanat Kang and Daniel Cruz to partial terms expiring on June 23, 2024, at which time they may be reappointed.

Hannah Stone / Edwin H. “Skip” Williams moved to recommend approval of Gabriela Montenegro, Jian He, Imanat Kang, and Daniel Cruz to the Immigration Advisory Board.

MOTION CARRIED 7-0.

Meeting Page 1 of 8 7/24/2023 Minutes

23734

2. Mayor’s Appointment of Colin Lowin to the Civil Service Commission (Approval) p. 20

Mayor Fleetwood appointed Colin Lowin to his first partial term, which will expire on January 1, 2025, at which time he may be reappointed.

Lisa Anderson / Edwin H. “Skip” Williams moved to recommend approval of Colin Lowin to the Civil Service Commission.

MOTION CARRIED 7-0.

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, Kristina Michele Martens

23793

1. Bid Award for Parkview Safe Routes to School ES560, Bid #16B-2023

p. 23

23794

Eric Johnston, Public Works Director, and Freeman Anthony, Project Engineer, presented on the Parkview Safe Routes to School Project. The project will add sidewalks on Coolidge, Indiana, Cornwall and Vallette Streets, roadway and intersection improvements along West Illinois and a new roundabout at Illinois Street and Sunset Drive, a flashing beacon crosswalk at Vallette Street, and a marked bicycle lanes on Illinois. There were no apprenticeship hours assigned by the Federal Highway Administration (FHWA), thereby precluding the requirements of BMC 4.94. Faber Construction submitted the lowest responsible bid of $3,418,938 including any applicable Washington State Sales or Use Tax.

Hannah Stone / Lisa Anderson moved to award Bid No. 16B-2023 for Parkview Safe Routes to School to Faber Construction Corporation of Lynden, WA as 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 $3,418,938.00, which includes any applicable WSST.

MOTION CARRIED 7-0.

2. Sanitation and Solid Waste Progress Report p. 29

Eric Johnston, Public Works Director, Mike Olinger, Assistant Director of Public Works-Utilities Operations, and Sean O’Neill, Sanitation and Solid Waste Manager, provided a report on the sanitation and solid waste program. The City created the Sanitation and Solid Waste (SSW) group in the Public Works Department on February 28, 2022, to provide additional staff resources and funding to address growing sanitation and solid waste issues in the City. Council Members discussed and asked questions regarding the program, clean-up efforts, and future plans.

City of Bellingham Regular City Council Meeting Page 2 of 8 7/24/2023 Minutes

Committee Of The Whole 1:45 PM

Michael Lilliquist Chair

Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Kristina Michele Martens

23795

1. A Resolution Deferring Initiative No. 2023-01 which Concerns Raising the Minimum Wage to the Voters

p. 46

  23796

On July 10, 2023 City Council voted to direct staff to draft a resolution requesting that the Whatcom County Auditor, as ex-officio supervisor of elections, submit Initiative No. 2023-01, Raise the Minimum Wage, to the qualified electors of the City of Bellingham for the November 7, 2023 election. James Erb, Deputy City Attorney, returned and presented a draft resolution and ordinance for Council’s consideration. Council discussed the resolution, ordinance, and reviewed a list of individuals interested in serving on the pro and con statement committees.

Council recommended the following names to the Whatcom County Auditor’s Office for Initiative No. 2023-01,

Pro Committee: Betsy Pernotto Seth Mangold Devan Fischer

Con Committee: Guy Occhiogrosso Doug Engerman

Michael Lilliquist / Edwin H. “Skip” Williams moved final approval of Resolution #2023-17 as amended during Committee of the Whole.

MOTION CARRIED 7-0.

2. A Resolution Deferring Initiative No. 2023-02 which Concerns the Adoption of an p. 55 Economic Displacement Assistance Mandate in Landlord-Tenant Relations to the

Voters

On July 10, 2023 City Council voted to direct staff to draft a resolution requesting that the Whatcom County Auditor, as ex-officio supervisor of elections, submit Initiative No. 2023-02, Economic Displacement Assistance, to the qualified electors of the City of Bellingham for the November 7, 2023 election. James Erb, Deputy City Attorney, returned and presented a draft resolution and ordinance for Council’s consideration. Council discussed the resolution, identified one individual interested in serving on the con statement committee, and requested a review of the initiative process timeline.

Council recommended the following name to the Whatcom County Auditor’s Office for Initiative No. 2023-02,

City of Bellingham Regular City Council Meeting Page 3 of 8 7/24/2023 Minutes

 23797

Con Committee: Perry Eskridge

Michael Lilliquist / Lisa Anderson moved final approval of Resolution #2023-18 as amended during Committee of the Whole.

MOTION CARRIED 7-0.

3. A Resolution Appointing Community Members to Serve on the Committees For and p. 63 Against City of Bellingham Proposition No. 2023-01 – The Greenways 5 Levy

James Erb, Deputy City Attorney, presented on the draft resolution appointing community members to serve on the Greenways 5 levy. City Council passed Resolution #2023-015 on July 10, 2023, requesting that the Whatcom County Auditor, as ex-officio supervisor of elections, call and conduct a special election on November 7, 2023, and submit to the qualified voters the Greenways 5 levy. Council opted not to adopt the resolution and instead reviewed and recommended a list of individuals interested in serving on the pro and con statement committees.

Council recommended the following names to the Whatcom County Auditor’s Office for Proposition No. 2023-01,

  23798

Pro Committee: Neil Schaner Susan Pollard Jack Weiss

Con Committee: Brad Jones

4. A Resolution Affirming that Affordable Housing and Homelessness are a Public Health Crisis

p. 66

23799

MOTION CARRIED 7-0.

5. An Ordinance of the City of Bellingham Amending Bellingham Municipal Code Chapter 10.08 to Adopt by Reference the New State Laws Addressing the Possession and Public Use of Controlled Substances

p. 72

On June 26, 2023, Council Member Martens circulated a draft resolution affirming that affordable housing and homelessness are a public health crisis. Council requested revisions to the resolution at the June 26, 2023 and July 10, 2023 meetings. Council Members discussed the current resolution draft.

Michael Lilliquist / Edwin H. “Skip” Williams moved final approval of Resolution #2023-19 as amended during Committee of the Whole.

City of Bellingham Regular City Council Meeting Page 4 of 8 7/24/2023 Minutes

23800 6.

At its June 26, 2023 meeting, City Council directed staff to bring forward an ordinance adopting by reference the new state laws addressing the possession and use of controlled substances. Ryan Anderson, Lead Prosecutor, and Chief Mertzig, returned to discuss the draft ordinance adopting the new state laws making knowing possession and use of controlled substances in a public place gross misdemeanors. Council Members discussed the ordinance and asked questions.

Michael Lilliquist / Lisa Anderson moved for first and second reading. MOTION CARRIED 7-0.

An Ordinance Relating to Land Use Planning, Amending Bellingham Municipal Code p. 78 (BMC) Titles 20 and 21 Regarding Accessory Dwelling Units (ADUs)

The City Council held a public hearing on a draft ordinance amending the development regulations for accessory dwelling units (ADUs) on January 23, 2023. The Council referred the ordinance to the Planning Committee, which held work sessions on February 13, 2023 and March 13, 2023. The Committee of the Whole then held a work session to consider the ordinance on April 24, 2023, during which Council directed staff to amend the ordinance to incorporate the regulations in Engrossed House Bill 1337. Blake Lyon, Planning and Community Development Director, Chris Koch, Planner II, returned to discuss the amended ordinance.

Michael Lilliquist / Lisa Anderson moved for first and second reading as amended during Committee of the Whole.

MOTION CARRIED 6-1. Opposed: Daniel Hammill

A Work Session to Discuss Additional Tenant Protection Measures p. 130

On February 27, 2023, pursuant to a request from City Council, staff provided an initial list of tenant protection measures that are being utilized elsewhere in the states of Washington and California to help provide some stability to the existing rental market. Council provided further direction to conduct additional public outreach and analyze a broader range of potential tenant protection measures. Blake Lyon, Planning and Community Development Director, returned to seek Council’s feedback on action measures. Council Members discussed and shared their priorities.

Approval of the 7/10/2023 City Council Committee and Regular Meeting Minutes p. 142

Edwin H. “Skip” Williams / Lisa Anderson moved approval of the July 10, 2023 minutes of the regular City Council meeting as submitted.

MOTION CARRIED 7-0.

23801 7.

23802 8.

City of Bellingham Regular City Council Meeting Page 5 of 8 7/24/2023 Minutes

9. Old/New Business

Mayor Fleetwood proposed a future ordinance related to safe parking zones for Council’s consideration. Council was supportive of learning more about the ordinance.

Council Member Hammill requested a future presentation on current City-owned surplus property.

Executive Session 3:30 PM

Closed to the public. Report in the Regular Meeting only:

2.

3.

4.

Potential Property Acquisition (Stamps, approx 3 min)

Staff provided information on a potential Lake Whatcom Watershed property acquisition. For information and discussion. No action taken.

Potential Property Acquisition (Stamps, approx 3 min)

Staff provided information on a potential Lake Whatcom Watershed property acquisition. For information and discussion. No action taken.

Potential Property Acquisition (Stamps, approx 3 min)

Staff provided information on a potential Lake Whatcom Watershed property acquisition totaling 0.65 acres with one development unit.

Daniel Hammill / 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, Dennis and Lori Ressler, with a purchase price of $78,000 and with closing to occur on or around August 18, 2023.

MOTION CARRIED 7-0.

Potential Property Acquisition (Stamps, approx 3 min)

Staff provided information on a potential Lake Whatcom Watershed property acquisition totaling 1.29 acres with two development units.

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, Curtis Boyer, with a purchase price of $160,000 and with closing to occur on or around August 18, 2023.

MOTION CARRIED 7-0.

5.

City of Bellingham Regular City Council Meeting Page 6 of 8 7/24/2023 Minutes

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.

23803 1.

23804 2.

23805 3.

23806 4.

23807 5.

23808 6.

Authorization of Payroll Labor Cost Payments Dated June 16, 2023 to June 30, 2023

Authorization of A/P Transactions Issued June 30, 2023 through July 06, 2023

Authorization of A/P Transactions Issued July 07, 2023 through July 13, 2023

2024 South Correctional Entity (SCORE) for Correctional Facility Usage, if Needed

Inter-Agency Agreement with the Washington State Department of Ecology for Funding and Support for the City’s Pollution Prevention Assistance Program

Interlocal Agreement Between Whatcom County and the City of Bellingham for Aquatic Invasive Species Focused Patrols on Lake Whatcom and Lake Samish

Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety.

MOTION CARRIED 7-0.

p. 160 p. 161 p. 162 p. 163 p. 182

p. 207

Final Consideration of Ordinances

23778

1. An Ordinance Creating a New Fund to Account for the Construction of the What- Comm Emergency 911 Facility and Amending the 2023-2024 Biennial Budget – Amendment No. 6

p. 213

23779

AYES: Lilliquist, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None)

EXCUSED: (None)

MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-07-019.

2. An Ordinance Relating to Land Use Planning, Amending Chapter 20.35, Article II of

the Bellingham Municipal Code (BMC) Regarding the Old Town Overlay District

p. 216

Daniel Hammill / 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:

Edwin H. “Skip” Williams / Daniel Hammill 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: Lilliquist, Stone, Huthman, Hammill, Williams NAYS: Anderson, Martens

EXCUSED: (None)

City of Bellingham Regular City Council Meeting Page 7 of 8 7/24/2023 Minutes

MOTION CARRIED 5-2 and was thereafter named Ordinance #2023-07-020. Public Comment Period

City Council heard public comment from 17 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 8:27pm.

Michael Lilliquist, Council President

ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 8/7/2023

  City of Bellingham Regular City Council Meeting 7/24/2023 Minutes

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