City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes September 12, 2022, 7:00PM 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. 1. On September 19, 2022, at 6:00 PM, Bellingham City Council will hold its third Town Hall meeting remotely via Zoom. The third Town Hall meeting will be devoted to Community Voices on Funding Priorities. You may join the meeting via Zoom at: https://cob.zoom.us/join and enter the following Webinar ID and Passcode: Webinar ID: 846 0180 2457 Passcode: 766025 2. On October 3, 2022 at 7:00 PM, there will be a Public Hearing to consider a proposal by Public Works to remove on-street parking on the arterial streets listed below to gain adequate space for the installation of dedicated bicycle lanes, as recommended by the 2014 Bicycle Master Plan:  West Illinois Street from Sunset to Lynn;  Meridian Street from East Victor to West Illinois;  Girard Street from Broadway to Young;  Eldridge Avenue from Broadway to Nequalicum; and  Cornwall Avenue from Laurel to Pine Roll Call Present: Council President 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 City of Bellingham Regular City Council Meeting Page 1 of 9 9/12/2022 Minutes  Council Member Michael Lilliquist, Sixth Ward Council Member Kristina Michele Martens, At Large Public Hearing 23439 1. Public Hearing to Consider Proposed Amendments to the Bellingham p. 6 Municipal Code (BMC) to Establish a Manufactured Home Park (MHP) Overlay and Regulations Related to the Change of Use, Ownership, and Closure of a MHP Chris Behee, Long Range Planning Manager from Planning & Community Development, presented draft amendments to the Bellingham Municipal Code, which establish a Manufactured Home Parks (MHP) overlay and regulations related to the change of use, ownership, and closure of a MHP. The intent of the proposed overlay is to preserve the City’s existing MHPs, which City Council identified as a priority in 2019 with the adoption of the following goal and policy in the housing chapter of the Bellingham Comprehensive Plan:  Goal H-5: Existing manufactured home parks (MHPs) should be preserved.  Policy H-55: Identify and evaluate methods to encourage the preservation of existing manufactured home parks to ensure their continued provision of affordable housing. Throughout the City, there are 10 MHPs, 884 homes, and 1,448 residents. Council President Stone opened the Public Hearing. 11 community members spoke at the Public Hearing. Council President Stone closed the Public Hearing. Public comment will be accepted through September 21st at 10am and published in a future agenda packet. Councilmembers would like to further discuss,  How the ordinance protects individuals from closure?  Is current timeline to respond enough?  Discuss purchase assistance vs. relocation assistance.  Protections for residents who can match interested buyer offers.  Concerns that owners develop privately.  How community housing development organizations might be involved in these types of projects?  Can the City require longer-term leases? City of Bellingham Regular City Council Meeting Page 2 of 9 9/12/2022 Minutes   Is it possible to extend the 8-year tax credit at Samish? Staff will follow-up for a return discussion, likely in October. Daniel Hammill / Edwin H. "Skip" Williams moved to refer the ordinance to Committee of the Whole for additional discussion. MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor, if needed. Mayor Fleetwood shared that the Administration is working on understanding how the Governor lifting the Washington State COVID-19 Emergency Order will impact the City. Anticipate future discussion and updates at the September 26th meeting. Council Standing Committee Meetings: Public Works and Natural Resources 9:00am Michael Lilliquist, Chair Lisa Anderson, Kristina Michele Martens 23440 1. Bid Award for Bellingham Police Department Security Upgrades p. 146 Project, BID #40B-2022 Eric Johnston, Director of Public Works, reviewed the Bellingham Police Department Security Upgrades Project, which was publicly opened for bid on August 16, 2022. The BPD updates include replacement of the existing 6' tall, perimeter chain link fencing with new, 8' tall, 5/8” mini-mesh chain link fencing, replacement of the existing 6' tall courtyard stucco wall with a new, 8' tall, corrugated metal panel wall and installation of new automated gates, roller guards and concertina wire. Colacurcio Brothers, Inc. was the responsible bidder who submitted the lowest responsive bid of $825,439.44, including any applicable Washington State Sales or Use Tax. The engineer's estimate was $575,000. Because of the difference in project and actual bids received, he recommends rejecting all bids in order to rescope, rebudget and rebid the project. Michael Lilliquist / Kristina Michele Martens moved to reject all bids for the Bellingham Police Department Security Upgrade Project, BID#40B-2022. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 3 of 9 9/12/2022 Minutes 23182 2. Post Point Resource Recovery Project Discussion p. 148 At the August 29th City Council meeting, Mayor Fleetwood announced his intention to stop further development of the Post Point Resource Recovery Project and requested additional discussion with City Council. Eric Johnston, Director of Public Works, reviewed concerns about the overall cost of the Post Point project (upwards of $1.1 billion), how repairing existing systems could reduce costs by several hundred million dollars and preserve affordable utility rates, while also addressing nutrient reduction in the Salish Sea and investing in community-wide climate mitigation programs. Councilmembers requested addition discussion and would like to discuss as a whole, the future direction of Post Point. Daniel Hammill / Michael Lilliquist moved to recommend further discussion of Post Point Recovery to the Committee of the Whole. MOTION CARRIED 7-0. Parks and Recreation 10:30am Edwin H. "Skip" Williams, Chair Hollie Huthman, Lisa Anderson 23441 1. Work Session on Hundred Acre Wood Master Plan (also known as p. 163 Chuckanut Community Forest) Mayor Fleetwood and Nicole Oliver, Director of Parks and Recreation, presented the draft Hundred Acre Wood Master Plan, which came before the City Council for a Public Hearing on August 29, 2022. In response to public input, additional revisions were made. These changes include,  Limit to the trail improvement proposed in Phase 1 to just the areas that are impacting wetlands or drainage or that are needed for access for restoration and maintenance  Adds the centrally-located "saddle" area to Phase 1 to address the main north- south connection  Additional language that focuses on compatibility of allowed uses and encourages reducing impact and access to sensitive areas, but no changes are proposed to allowed uses, including bikes and on-leash dogs. The forest includes 5.3 miles of mapped trails, which equals 7% of the entire managed trail system in the City. This area was inherited by the City, and no trails were designed, but rather were built by the public over decades of use. The current plan is consistent with the conservation easement. City of Bellingham Regular City Council Meeting Page 4 of 9 9/12/2022 Minutes  Next steps include,  Council approval  Petition to dissolve Chuckanut Community Park District  Transfer easement to land trust  Budget for Phase 1 improvements  Monitor progress and revise if needed Edwin H. "Skip" Williams / Hollie Huthman moved to recommend approval of the Master Plan. MOTION CARRIED 7-0. 23425 2. Formal Naming of Hundred Acre Wood (aka Chuckanut Community p. 319 Forest) Nicole Oliver, Director of Parks and Recreation, reviewed the proposed Hundred Acre Wood name for the Chuckanut Community Forest. As part of the master planning of the Chuckanut Community Forest, the City includes a formal naming process. Per City policy PAR 1.01.01, the Park Director or staff solicit names from the public and forward all the proposed names to the Parks & Recreation Advisory Board (PRAB) for final recommendation to City Council. The PRAB approved the proposed name of Hundred Acre Wood on August 10, 2022 and a Public Hearing was held on the Master Plan August 29, 2022. Edwin H. "Skip" Williams / Lisa Anderson moved to recommend approval of naming the Chuckanut Community Forest, the Hundred Acre Wood. MOTION CARRIED 7-0. Committee Of The Whole 1:00pm Hannah Stone, Chair Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, 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. 23442 1. Presentation of Library Facilities Master Plan Recommendations p. 324 Rebecca Judd, Library Director, Rick Osen, Chair of Library Board of Trustees, and Brad Waters, Godfrey's Associates, presented on recommendations for the Library Facilities Master Plan. Earlier this year, the Bellingham Public Library (BPL) Board of Trustees, in consultation with City Administration, contracted with Godfrey’s Associates, Inc to City of Bellingham Regular City Council Meeting Page 5 of 9 9/12/2022 Minutes  develop a long-term strategy to address future BPL facility needs. The study supports the current BPL Strategic Plan and addresses what is needed to serve a growing population over the next 20 years. As part of their scope of work, Godfrey’s Associates, Inc conducted a community input program, evaluated BPL’s existing facilities, analyzed national trends and peer libraries, and mapped BPL service areas. The recommendations are presented in near-term (5 years), medium-term (10 years) and long-term (20 years) tiers. Facilities Plan Recommendations include: Near-Term Priorities (5 years)  Central Library – Renovate the remaining 2 floors of the Central Library, improve space utilization and functionality, upgrade HVAC system.  Fairhaven Branch Library – Plan for rehabilitation to improve space utilization and functionality. The historic nature of the building may facilitate grant funding.  North side – Establish a library presence on the growing north side of Bellingham. Mid-Term Priorities (10 years)  Fairhaven Branch Library – Complete rehabilitation to improve space utilization and functionality.  Barkley Branch Library – Increase library presence on east side of Bellingham / Barkley branch. Long-Term Priorities (20 years)  Central library – Evaluate square footage needs at Central Library as needed to achieve the desired Level of Service.  Branch Libraries – Evaluate square footage needs at branches as needed to achieve the desired Level of Service. 23443 2. Proposed Ordinance Repealing Chapter 6.55 of the Bellingham p. 350 Municipal Code, Relating to Transportation Network Company Services On March 31, 2022, Governor Jay Inslee signed into law Engrossed Substitute House Bill 2076, establishing comprehensive statewide regulations for transportation network companies (like Uber and Lyft) and their drivers. The new state legislation specifically preempts local regulation, requiring the City to repeal its transportation network company regulations contained in Chapter 6.55 of the Bellingham Municipal Code. Hannah Stone / Daniel Hammill moved for first and second reading. City of Bellingham Regular City Council Meeting Page 6 of 9 9/12/2022 Minutes  MOTION CARRIED 7-0. 23444 3. Climate Action Week and Whatcom Water Week Outreach Events p. 360 Riley Grant, Communications and Outreach Manager Public Works, presented upcoming Citywide events for Whatcom Water Week (https://www.whatcomwin.org/water-week-events), September 10-18, and Climate Action Week (http://www.cob.org/climate-action-week-events), September 19-25. 23391 4. Approval of City Council Meeting Minutes p. 366 Daniel Hammill / Hollie Huthman moved approval of the August 29, 2022 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 5. Old/New Business Councilmember Anderson requested information be shared with the public regarding low-barrier shelter access during snowstorms. Mayor Fleetwood will return at the October 3rd meeting with more information. Council President Stone inquired if any other member is interested in serving as liaison to the Immigration Advisory Board for the remainder of the year and beyond. Councilmember Martens agreed to join the Board. Council President Stone shared information about an upcoming event, Bellingham Blessing of the Chief's Totem Pole, on September 14, 2022 at the Peter Paulson Stage. Executive Session 2:00pm Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Marriner, approx. 5 min) Staff provided information on the potential acquisition of the 17.47-acre property owned by Peter and Helen Plagerman, located at 2011 E. Sunset Drive, Bellingham, WA. Daniel Hammill / Michael Lilliquist moved to approve of the acquisition of the subject property pursuant to the City’s purchase and sale agreement for the property with the following terms: Purchase of the property for $300,000, with a closing to occur on September 30, 2022. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 7 of 9 9/12/2022 Minutes  2. Litigation: Roorda (Board of Industrial Insurance Appeals Matter) (Chaplin, approx. 10 min) Staff provided information on an appeal before the Board of Industrial Insurance Appeals regarding a worker’s compensation matter. Daniel Hammill / Michael Lilliquist moved to approve of outside counsel to enter into an agreement to settle the appeal by accepting responsibility for and paying for a medical procedure performed in March 2022. MOTION CARRIED 7-0. 3. Potential Litigation: (Erb, approx. 10 min) Staff provided information on a potential litigation matter. Edwin H. "Skip" Williams / Hollie Huthman moved to approve the Mayor to execute all documents necessary for the City of Bellingham to participate in the $518M settlement between the State of Washington and local jurisdictions in their lawsuits against the three largest pharmaceutical distributors of opioids in the nation. MOTION CARRIED 7-0. 4. Litigation: Schreib v. State of Washington et al. (Good, approx. 5 min) Staff provided information on a litigation matter. For information and discussion. No action taken. 5. Litigation: Fox v. City of Bellingham (Good, approx. 10 min) Staff provided information on a litigation matter. For information and discussion. No action taken. 6. Litigation: Eldard v. City of Bellingham (Good, approx. 20 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. 23445 1. Authorization of Payroll Labor Cost Payments Dated August 01, 2022 p. 386 to August 15, 2022 City of Bellingham Regular City Council Meeting Page 8 of 9 9/12/2022 Minutes 23446 2. Authorization of A/P Transactions Issued August 20, 2022 through p. 387 August 26, 2022 23447 3. Authorization of A/P Transactions Issued August 27, 2022 through p. 388 September 1, 2022 23448 4. 2022 Interlocal JAG Grant with Whatcom County Sheriff's Office p. 389 Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 23430 1. An Ordinance Amending the 2021-2022 Biennial Budget - Increasing p. 399 Expenditures and Adding Positions 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: Stone, Huthman, Hammill, Williams, Anderson, Lilliquist, Martens NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2022-09-021. Adjournment There being no further business, the meeting adjourned at 9:19pm. Hannah Stone, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 9/26/2022 City of Bellingham Regular City Council Meeting Page 9 of 9 9/12/2022 Minutes