City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes March 27, 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 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 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. 23666 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 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. 23669 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 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. 23672 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 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 23676 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. 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: 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. 5. 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. 6. 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. 7. Litigation: Fox 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. 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 Page 6 of 6 3/27/2023 Minutes