City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes July 11, 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 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 7:00pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 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 Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor, if needed. The Mayor highlighted past and present community events including,  Mayor's Art Award was held on June 29th at the Mt. Baker Theatre, honoring 19 artists  Inaugural Northwest Tune-Up Festival occurred this past weekend  Festival of Music is an ongoing event from July 1 - 24  Honored Maestro Michael Palmer with a Mayor's Proclamation  Downtown Sounds is Wednesday evenings through August 3 1. Emergency Moratorium for Silver Beach Blake Lyon, Director of Planning and Community Development, presented an emergency ordinance to implement a moratorium on permit processing for City of Bellingham Regular City Council Meeting Page 1 of 7 7/11/2022 Minutes  residential, multi-family designations in the Silver Beach neighborhood for one year, while the department conducts research on the impact of development on the Lake Whatcom watershed. There will be a public hearing within the next 60 days on the moratorium ordinance and at that time, Council will decide whether to maintain or appeal it. Daniel Hammill / Edwin H. "Skip" Williams moved to approve an emergency ordinance of the City of Bellingham, Washington, relating to land use and zoning, declaring an emergency, establishing an immediate moratorium on development applications and permits relating to multi-family zoned properties within the Silver Beach neighborhood and setting twelve months as the effective period of the moratorium to allow the City to review development options and existing regulations to ensure that they are consistent with the City's adopted goals and policies that are aimed at protection of the water quality of Lake Whatcom. The MOTION CARRIED 6-0 and was thereafter named Ordinance #2022-07-019. Council Standing Committee Meetings: Public Works and Natural Resources 1:00 PM Michael Lilliquist, Chair Lisa Anderson, Kristina Michele Martens 23393 1. Noise Variance - Potelco/Puget Sound Energy Permit #PBW2022-0339 p. 6 Potelco, Inc. on behalf of Puget Sound Energy (PSE) is performing work in the Roosevelt Neighborhood under previously issued Public Work Permit #PBW2022-0339. Potelco will be performing work at the intersection of Alabama and Woburn Streets to repair a sanitary sewer service line damaged by previous utility pole installation. There is no power outage scheduled with this work. Due to the amount of vehicle traffic at the intersection of Alabama and Woburn, this project is proposed to be performed at night to minimize impacts and maximize safety at the site. It is unknown what evening the work will be taking place; however, it will be no sooner than July 26th and is expected to occur by the first week of August. Michael Lilliquist / Lisa Anderson moved to recommend approval of the noise variance for Potelco/Puget Sound Energy Permit #PBW2022-0339. MOTION CARRIED 6-0. 23394 2. Post Point Resource Recovery Project - Facilities Plan p. 11 Eric Johnston, Director of Public Works, and Mike Thorstenson, Cameron Clark, Donnie Stallman, and Shelby Smith, from Brown and Caldwell, presented the Facility City of Bellingham Regular City Council Meeting Page 2 of 7 7/11/2022 Minutes  Plan for the Post Point Resource Recovery (PPRR) Project. The project will replace the aging and failing incinerators with a thermophilic anaerobic digester process to manage the organic biosolids produced at Post Point. The Facility Plan outlines the goals of the project and provides a layout of the plant facilities and project implementation. This Facility Plan will be submitted to Ecology in July 2022 and the Ecology review and State Environmental Policy Act (SEPA) comment period is up to 90 days. If necessary, an updated Facility Plan can be submitted in October. Final Ecology acceptance is anticipated in November 2022. Michael Lilliquist / Lisa Anderson moved to recommend approval of the Post Point Resource Recovery Project Facilities Plan. MOTION CARRIED 6-0. Parks and Recreation 2:15 PM Edwin H. "Skip" Williams, Chair Hollie Huthman, Lisa Anderson, Daniel Hammill 23395 1. Resolution Designating July 2022 Parks & Recreation Month p. 94 Nicole Oliver, Director of Parks and Recreation, presented a resolution designating July as Parks & Recreation Month in Bellingham. Edwin H. "Skip" Williams / Daniel Hammill moved final approval of Resolution #2022- 14. MOTION CARRIED 6-0. Committee Of The Whole 2:30 PM Hannah Stone, Chair Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Kristina Michele Martens 23396 1. Discussion of Labor Concerns Related to Climate Action Efforts p. 97 At the February 28, 2022 meeting, the City Council was provided a list of concerns raised by organized labor representatives as government and industry move toward development without fossil fuel-dependent heating and cooling systems, broadly known as the "Just Transition" effort. Brian Heinrich, Deputy Administrator, briefly reviewed a policy memo that was provided to Council for consideration and discussion in response to labor concerns. Karl De Jong, President of the Northwest Central Washington Labor Council, and Trevor Smith, LIUNA, Local 292, attended the meeting to provide additional feedback. Council requested labor representatives to share any additional feedback with the Climate Action Committee Members. City of Bellingham Regular City Council Meeting Page 3 of 7 7/11/2022 Minutes  Hannah Stone / Michael Lilliquist moved to refer to the Public Works Committee further discussion of the City of Bellingham's and State's existing apprenticeship requirements and how they may or may not be applied to future climate action work. MOTION CARRIED 6-0. Hannah Stone / Michael Lilliquist moved to further discuss the issue of displaced workers and displaced industries in relation to the City's Climate Action Plan to the Climate Action Committee. MOTION CARRIED 6-0. 23382 2. Update on the Renewal of the EMS Levy p. 102 Bill Hewett, Fire Chief, provided an update on the status of the countywide EMS levy. The County Council will review revised levy language that incorporates shared goals of increasing equity and inclusion in how we protect and serve our community and diversify staff. Challenges remain with cuts to the levy rate from $.295 to $.199. If cuts are maintained, the Fire Department will likely reduce from five to four ASL units, eliminate the community paramedic programs, and basic life support services. Chief Hewett will share the finalized levy draft for consideration before the Whatcom County Council with the City Council and return to the July 27, 2022 meeting with an update. 23391 3. Approval of City Council Meeting Minutes p. 104 Daniel Hammill / Edwin H. "Skip" Williams moved approval of the June 27, 2022 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0. 4. Old/New Business Councilmember Martens would like an update about RFP 64B 2021, Climate Action Research Consulting Services. Eric Johnston, Director of Public Works, will follow-up. Councilmember Martens would welcome additional discussion of PFAS. Eric Johnston, Director of Public Works, shared there will be future discussions regarding PFAS for the Council and as part of community education. Councilmember Hammill expressed support for including experts from the Whatcom County Public Health Department. Council President Stone would like to discuss an upcoming third-party report analyzing the Whatcom Unified Command and overall local response to the pandemic at a City of Bellingham Regular City Council Meeting Page 4 of 7 7/11/2022 Minutes  future City Council meeting. Council President Stone would like to schedule a Council retreat later this year. Councilmember Anderson highlighted concerns about safety and health issues at the 2022 North Facility. Lisa Anderson / Kristina Michele Martens a motion to have city staff invite Northwest Youth Services and the Opportunity Council to provide an update and discussion regarding steps they have taken and will take to address the ongoing community concern regarding safety and behavior issues from residents and their guests inside and outside of their facility 22North on State Street. I would like this to be provided in the Public Health, Safety and Justice Committee on Monday August 1st or as soon it can be arranged. MOTION CARRIED 6-0. Executive Session 3:00 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Stamps, approx. 3 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 2. Potential Property Acquisition (Stamps, approx. 3 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 3. Potential Property Acquisition (Stamps, approx. 3 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 4. Potential Litigation (Erb approx. 10 min) Staff provided information on a potential litigation matter. Daniel Hammill / Edwin H. "Skip" Williams entertained a motion to authorize the Mayor to enter into a global settlement agreement with the following terms: Payment of a $48,750 park impact fee credit to Belleau Woods II, LLC, for the public trail portion of an easement granted to the city prior to the development and City of Bellingham Regular City Council Meeting Page 5 of 7 7/11/2022 Minutes  construction of the Belleau Woods apartment complex and payment of $27,000 to Village at Baker Creek, LLC, as compensation for the property interests needed to construct the Telegraph Road Safety Improvements Project to fully and forever resolve all actual and pending claims against the City with respect to these property acquisitions. MOTION CARRIED 6-0. 5. Potential Litigation (Marriner, approx. 15 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. 23397 1. Memorandum of Agreement Between Alaska Department of p. 121 Transportation, Alaska Marine Highway System (AMHS) and the City of Bellingham 23398 2. Authorization of Payroll Labor Cost Payments Dated June 01, 2022 to p. 135 June 15, 2022 23399 3. Authorization of A/P Transactions Issued June 17, 2022 through June p. 136 23, 2022 23400 4. Authorization of A/P Transactions Issued June 24, 2022 through June p. 137 30, 2022 Edwin H. "Skip" Williams / Daniel Hammill moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0. Final Consideration of Ordinances 23381 1. An Ordinance Amending the 2021-2022 Biennial Budget to Increase p. 138 American Rescue Plan Act Expenditures for Food Security 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: City of Bellingham Regular City Council Meeting Page 6 of 7 7/11/2022 Minutes  AYES: Stone, Hammill, Williams, Anderson, Lilliquist, Martens NAYS: (None) EXCUSED: Huthman MOTION CARRIED 6-0 and was thereafter named Ordinance #2022-07-018. Adjournment There being no further business, the meeting adjourned at 7:49pm. Hannah Stone, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 7/25/2022 City of Bellingham Regular City Council Meeting Page 7 of 7 7/11/2022 Minutes