City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes May 23, 2022, 7:00 PM Mayor: Seth Fleetwood Contact: (360) 778-8100, mayorsoffice@cob.org Council Members: Hannah Stone, Hollie Huthman, Contact: (360) 778-8200, ccmail@cob.org Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, https://cob.org/council Michael Lilliquist and Kristina Michele Martens All meetings are held in the City Hall Council Chambers at Legislative Assistant: Nalini Margaitis 210 Lottie Street, Bellingham, WA, unless otherwise noted. Please note the doors to City Hall unlock at 6:30 PM. Call to Order The meeting was called to order by Council President Stone at 7:00 p.m. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. On June 6, 2022 at 7:00PM, there will be a Public Hearing on Condemnation of Property Roll Call Present: Council President Hannah Stone, First Ward Council Member Daniel Hammill, Third Ward Council Member Edwin H. "Skip" Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Kristina Michele Martens, At Large Excused: Council Member Hollie Huthman, Second Ward Public Hearing 23349 1. Public Hearing Regarding the Draft 2023-2028 Transportation p. 6 Improvement Program (TIP) Chris Comeau, Chad Schulhauser, and Eric Johnston provided Council with a presentation on the Draft 2023-2028 Transportation Improvement Program. President Stone opened the Public Hearing. Six members of the public spoke during the public hearing. President Stone closed the Public Hearing. City of Bellingham Regular City Council Meeting Page 1 of 8 5/23/2022 Minutes  Information and discussion only. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 23350 1. Mayor's Appointment of Brianne O'Hare to the Mayor's p. 97 Neighborhood Advisory Commission (Information) Mayor Fleetwood appointed Brianne O'Hare as the Lettered Streets Neighborhood Representative to her first term on the Neighborhood Advisory Commission, which will expire on May 10, 2024, at which time she may be reappointed. Information Only. 23351 2. Mayor's Reappointment of Eric Shew to the Bellingham Arts p. 100 Commission (Approval) Mayor Fleetwood reappointed Eric Shew to his final term on the Bellingham, Arts Commission, which will expire on May 21, 2026. Michael Lilliquist / Daniel Hammill moved to recommend approval. MOTION CARRIED 6-0. Mayor Fleetwood and Councilmembers honored Chief Flo Simon for her service with the City of Bellingham during her final City Council meeting. Chief Flo Simon was the first female Sergeant, Lieutenant, Deputy Chief and Chief for the City of Bellingham. Chief Flo Simon will be retiring from her position in June 2022. Chief Simon expressed that it was a pleasure and an honor to serve the Bellingham Community. 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 23352 1. Wildfire Risk Reduction Interlocal Agreement with Whatcom p. 101 Conservation District City of Bellingham Regular City Council Meeting Page 2 of 8 5/23/2022 Minutes  Michael Lilliquist / Edwin H. "Skip" Williams moved to recommend approval of the Wildfire Risk Reduction Interlocal Agreement with Whatcom Conservation District. MOTION CARRIED 6-0. 23353 2. Bid Award for Padden Creek Improvements 24th to 30th, EN055, BID p. 107 #15B-2022 Michael Lilliquist / Lisa Anderson moved to award Bid No. 15B-2022 for Padden Creek Improvements 24th to 30th to Matia Contractors, Inc. 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 $254,858.02, which includes any applicable WSST. MOTION CARRIED 6-0. Committee Of The Whole 1:30 PM 23354 1. An Ordinance Amending the 2021-2022 Biennial Budget, Increasing a p. 112 Seasonal Senior Construction Inspector to Full-Time Hannah Stone / Edwin H. "Skip" Williams moved for first and second reading. MOTION CARRIED 6-0. 23355 2. Interlocal with Whatcom County for Alternative Response Team (ART) p. 115 Hannah Stone / Daniel Hammill moved to recommend approval of the interlocal agreement with Whatcom County for Alternative Response Team (ART). MOTION CARRIED 6-0. 23356 3. Coverage for Councilmember Huthman p. 120 Councilmembers will provide the following coverage during Councilmember Huthman’s extended absence: Community and Economic Development: Lisa Anderson (Chair), Kristina Michele Martens, Michael Lilliquist Parks and Recreation: Skip Williams (Chair), Lisa Anderson, Daniel Hammill City of Bellingham Regular City Council Meeting Page 3 of 8 5/23/2022 Minutes  Public Health, Safety, and Justice: Daniel Hammill (Chair), Skip Williams, Kristina Michele Martens Bellingham and Whatcom Tourism Kristina Michele Martens Downtown Bellingham Partnership: Skip Williams Sustainable Connections: Daniel Hammill Tourism Commission and LTAC: Kristina Michele Martens Hannah Stone / Michael Lilliquist moved to appoint Councilmember Skip Williams to the Whatcom Transportation Authority during Councilmember Huthman’s absence MOTION CARRIED 6-0. 23277 4. Discussion of In-Person Council Meetings p. 122 Hannah Stone / Daniel Hammill moved that Bellingham City Council continue to hold its meetings virtually because it cannot hold in-person meetings with reasonable safety. This determination is based on the following findings: • The Proclamation of Local Emergency for COVID-19 issued on 3-12-2020 is still in effect for the City of Bellingham; • The Proclamation of State Emergency for COVID-19 (20-05) issued on 2- 29-2020 is still in effect for the State of Washington; • The 7-day rates of cases and hospitalizations for COVID-19 in Washington State have increased from 178.3 cases and 4.3 hospitalizations per 100,000 population during the time period 4/24/22 through 4/30/22 to 245.3 cases and 6.1 hospitalizations for the time period 5/8/22 through 5/14/22; and • The 7-day rates of cases and hospitalizations for COVID-19 in Whatcom County have increased from 210.1 cases and 5.7 hospitalizations per 100,000 population during the time period 4/24/22 through 4/30/22 to 225.9 cases and 7.0 hospitalizations for the time period 5/8/22 through 5/14/22. The City Council shall re-evaluate its decision to hold meetings virtually when COVID-19 conditions in Whatcom County substantially change. City of Bellingham Regular City Council Meeting Page 4 of 8 5/23/2022 Minutes  MOTION CARRIED 5-1. Opposed: Michael Lilliquist 23298 5. Council Debrief - Town Hall Meeting: Community Voices on Public p. 136 Safety Information Only. The next Town Hall meeting will occur on September 19, 2022 at 6:00PM and will cover Community Voices on Funding Priorities. 6. Approval of Minutes Edwin H. "Skip" Williams / Lisa Anderson moved approval of the May 9, 2022 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0. 7. Old/New Business Councilmember Martens thanked the Bellingham Public Library and Unity Care Northwest for providing a training on May 20, 2022 in Skills for Interacting Confidently and Compassionately with Individuals in Crisis with Ryan Dowd. Councilmember Stone and Mayor Fleetwood also acknowledged this event. Councilmember Anderson and Mayor Fleetwood announced that the Ski to Sea event will take place this year on May 29, 2022. For more information, please visit: https://skitosea.com Council President Stone thanked Nalini Margaitis for handling double duty for many more months than anticipated to cover for the Deputy Clerk for the City of Bellingham, and welcomed Kelley Goetz as the Deputy Clerk for the City of Bellingham, who will begin coverage of City Council meetings on June 6, 2022. Executive Session 3:00 PM 1. Potential Litigation: Claim #2022-07 (Good) Staff provided information on a potential litigation matter. Daniel Hammill / Edwin H. "Skip" Williams moved to authorize the Mayor to enter into a settlement agreement with the following terms: resolution of claim number 2022-07 for the payment of $76,966.13 to the claimant for damages related to a sewer back up. City of Bellingham Regular City Council Meeting Page 5 of 8 5/23/2022 Minutes  MOTION CARRIED 6-0. 2. Potential Property Acquisition (Stamps) Staff provided information on a potential property acquisition. For information and discussion. No action taken. Information Only. 3. Property Acquisition (Erb) Staff provided information on a property acquisition. For information and discussion. No action taken. Information Only. 4. Property Litigation (Erb) Staff provided information on a potential litigation matter. For information and discussion. No action taken. Information Only. 5. Potential Property Acquisition (Marriner) Staff provided information on the potential acquisition of the .3-acre property located at 2710 Donovan Ave., Bellingham, Washington for $615,000. The property is adjacent to the north end of Happy Valley Park. Lisa Anderson / Michael Lilliquist moved to authorize the purchase of the .3-acre property located at 2710 Donovan Ave., Bellingham, Washington for $615,000, with a closing to occur as soon as practicable following Council approval. MOTION CARRIED 6-0. 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. 23357 1. Authorization of Payroll Labor Cost Payments Dated April 16, 2022 to p. 160 April 30, 2022 City of Bellingham Regular City Council Meeting Page 6 of 8 5/23/2022 Minutes 23358 2. Authorization of A/P Transactions Issued April 29, 2022 through May p. 161 05, 2022 23359 3. Authorization of A/P Transactions Issued May 06, 2022 through May p. 162 12, 2022 23360 4. Cost Share Agreement with WA Department Natural Resources (DNR) p. 163 for 2022 LiDAR Data Acquisition Daniel Hammill / Lisa Anderson moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0. Final Consideration of Ordinances 23305 1. An Ordinance of the City of Bellingham, Washington Amending p. 172 Chapter 15.42 of the Bellingham Municipal Code to Adopt Regulations for Stormwater Controls for New Development, Redevelopment, and Construction Sites and Source Control for Existing Development as Required by the City’s 2019-2024 National Pollution Discharge Elimination System Municipal Stormwater Permit Michael Lilliquist / 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: Stone, Hammill, Williams, Anderson, Lilliquist, Martens NAYS: (None) EXCUSED: Huthman MOTION CARRIED and was thereafter named Ordinance #2022-05-013. MOTION CARRIED 6-0. Adjournment There being no further business, the meeting adjourned at 9:23PM. City of Bellingham Regular City Council Meeting Page 7 of 8 5/23/2022 Minutes Hannah Stone, Council President ATTEST: Nalini Margaitis, Legislative Assistant APPROVED: 6/6/2022 City of Bellingham Regular City Council Meeting Page 8 of 8 5/23/2022 Minutes