City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes March 13, 2023, 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 Call to Order 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 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. 23647 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  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. 23648 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. 23649 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 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. 23652 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 p. 89 Unit Regulations and Process 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 23654 1. Confirmation of Mayor's Appointment of Ms. Jordan Stephens as Special Counsel to p. 119 the Bellingham Civil Service Commission 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  Daniel Hammill / Hollie Huthman moved to recommend approval of Jordan Stephens as Special Counsel to the Bellingham Civil Service Commission. MOTION CARRIED 6-0. 23655 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. 23656 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. 23657 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. 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  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. 2. 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. 3. 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. 4. 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. 5. 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. 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 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 23659 2. Interlocal Agreement Between City of Bellingham and Whatcom County Fire District p. 147 #8 for Radio Services 23661 3. Authorization of Payroll Labor Cost Payments Dated February 1, 2023 to February 15, p. 152 2023 23662 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 23660 5. Authorization of A/P Transactions Issued January 26, 2023 through February 02, 2023p. 160 23663 6. Authorization of A/P Transactions Issued February 16, 2023 through February 23, p. 161 2023 23664 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: AYES: Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None) EXCUSED: Lilliquist MOTION CARRIED 6-0 and was thereafter named Ordinance #2023-03-006. 23636 2. An Ordinance Relating to Notice of Rent Increase, Amending Bellingham Municipal p. 167 Code (BMC) Title 6 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 Page 7 of 7 3/13/2023 Minutes