City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes May 22, 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 7:00pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. 6/5/23 Public Hearing on an ordinance to extend the existing moratorium on the acceptance or processing of development applications for new development or redevelopment within the RM Zones in the Silver Beach Neighborhood for an additional six months. 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 Public Hearing 23719 1. Public Hearing Regarding the Draft 2024-2029 Transportation Improvement Program p. 6 (TIP) Eric Johnston, Public Works Director, Brent Baldwin, Public Works Development Manager, and Chad Schulhauser, Assistant Public Works Director, presented an overview of the 2024-2029 draft Transportation Improvement Program (TIP). The draft TIP includes projects to repair and resurface roadways, construct new bicycle and pedestrian facilities, replace bridges, ameliorate operations at intersections, facilitate movement of freight, enhance transit use, and implement strategies identified in the Climate Action Plan. There will be a Council work session on June 5th to further review the projects. President Lilliquist opened the public hearing. One individual provided public comment. City of Bellingham Regular City Council Meeting Page 1 of 7 5/22/2023 Minutes  President Lilliquist closed the public hearing. Written public comment remains open until Council makes a final decision on the TIP. Daniel Hammill / Lisa Anderson moved to recommend bringing the TIP to the June 5th Committee of the Whole meeting. MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor, if needed. 23720 1. Mayor's Appointment to the Museum Foundation Board (Approval) p. 34 Mayor Fleetwood appointed Rafeeka Kloke to her second term on the Whatcom Museum Foundation Board, which will expire on May 18, 2026, at which time she may be reappointed. Lisa Anderson / Hannah Stone moved to recommend approval of Rafeeka Kloke to the Whatcom Museum Foundation Board. MOTION CARRIED 7-0. Mayor Fleetwood recognized upcoming and future celebrations including,  May 22nd-26th is National Public Works week. The City is hosting several events including Meet-a-Truck on May 25th from 1pm-3pm. Learn more at https://cob.org/services/environment/education-enviro/national-public-works-week.  National Emergency Medical Services Week is May 22nd-26th and National Police Week was May 15th-19th. Mayor Fleetwood thanked all first responders for their service and contributions to the community.  May is Asian, Pacific Islander, Desi American Heritage Month. The City is co-hosting an event, Stories that Shape Us, on May 24th at 6pm in Depot Market Square. You can learn more about this event and others at https://www.wwu.edu/apida. 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 1:00 PM Hannah Stone, Chair Lisa Anderson, Kristina Michele Martens City of Bellingham Regular City Council Meeting Page 2 of 7 5/22/2023 Minutes 23721 1. Bid Award for Valencia Street Watermain, BID #15B-2023 (EW238) p. 37 Eric Johnston, Public Works Director, and Chad Schulhauser, Assistant Public Works Director, summarized the project, which includes the replacement of 3,900 linear feet of 12" watermain, 1,900 linear feet of 48" storm main, and 1,200 linear feet of 8" sewer line along with surface reconstruction and related items. The City received eight bids which were publicly opened on April 27, 2023. Strider Construction was the responsible bidder who submitted the lowest responsive bid of $4,477,912.80 including any applicable Washington State Sales or Use Tax. The engineer's estimate was $4,421,062.00. Hannah Stone / Lisa Anderson moved to award Bid No. 15B-2023 (EW238) for the Valencia Street Watermain project to Strider Construction as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, $4, 477, 912.80, which includes any applicable WSST. MOTION CARRIED 7-0. 23710 2. An Ordinance Establishing a Water Resources Advisory Board (WRAB) and Adding a p. 42 New Chapter 2.91 to the Bellingham Municipal Code Eric Johnston, Public Works Director, summarized staff changes to the proposed ordinance since the last meeting and in response to Council Member Anderson's amendments. The Public Works and Natural Resources Committee voted 2-1 to recommend approval of the ordinance titled "Anderson Amendments to Ordinance" in the packet, with the inclusion of an addition from President Lilliquist, "G. The board shall be responsible, in collaboration with staff, for setting its own agenda, work plan, and priorities within the scope and responsibilities as defined in this Chapter with additional due consideration of mandatory and regular plan updates." Hannah Stone / Kristina Michele Martens moved for first and second reading as recommended during the Public Works and Natural Resources Committee, the ordinance titled "Anderson Amendments to Ordinance" in the packet, with the inclusion of "G. The board shall be responsible, in collaboration with staff, for setting its own agenda, work plan, and priorities within the scope and responsibilities as defined in this Chapter with additional due consideration of mandatory and regular plan updates.” Michael Lilliquist / Hannah Stone moved to amend Section F. under 2.91.040 Organization and meetings from "The public works department shall support the board in the fulfillment of the board’s responsibilities, as determined by the board or, if uncertain, City Council" to "The public works department shall support the board in the fulfillment of its responsibilities." MOTION TO AMEND CARRIED 6-1. Opposed: Lisa Anderson AMENDED MOTION FOR FIRST AND SECOND READING FAILED 3-4. Opposed: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams City of Bellingham Regular City Council Meeting Page 3 of 7 5/22/2023 Minutes  Daniel Hammill / Edwin H. "Skip" Williams moved for first and second reading the ordinance titled "Updated Ordinance" on page 71 of the packet. Michael Lilliquist / Lisa Anderson moved to amend with the inclusion of "G. The board shall be responsible, in collaboration with staff, for setting its own agenda, work plan, and priorities within the scope and responsibilities as defined in this Chapter with additional due consideration of mandatory and regular plan updates.” MOTION TO AMEND FAILED 3-4. Opposed: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams Lisa Anderson / Kristina Michele Martens moved to amend the following language in 2.91.030 Membership, Section C, #3 "Sanitary sewer utility systems, including wastewater treatment and disposal;" MOTION TO AMEND CARRIED 4-3. Opposed: Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams Lisa Anderson / Kristina Michele Martens moved to amend 2.91.020 Responsibilities to , "The board shall advise the city council, mayor, public works director, and other city departments on the formulation and implementation of plans, programs and projects concerning the city’s municipal water, sanitary sewer, wastewater treatment and disposal, and surface and stormwater utilities, including the protection and preservation of Lake Whatcom through, in part, the watershed acquisition program, as the city’s primary source of drinking water. Such plans include but are not limited to the water system plan, surface and stormwater comprehensive plan, comprehensive sewer plan, and the Lake Whatcom five-year work plan." MOTION TO AMEND CARRIED 5-2. Opposed: Hannah Stone, Edwin H. "Skip" Williams AMENDED MOTION FOR FIRST AND SECOND READING CARRIED 7-0. 23709 3. An Ordinance Dissolving the Watershed Advisory Board (WAB) by Repealing BMC p. 75 2.90 Hannah Stone / Daniel Hammill moved for first and second reading. MOTION CARRIED 7-0. Committee Of The Whole 1:30 PM Michael Lilliquist Chair Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Kristina Michele Martens City of Bellingham Regular City Council Meeting Page 4 of 7 5/22/2023 Minutes 23722 1. An Ordinance Amending the 2023-2024 Biennial Budget - Amendment No. 4 p. 86 Council Member Martens introduced the ordinance to hire a part-time intern for the City Council focusing specifically on food deserts. Michael Lilliquist / Hannah Stone moved for first and second reading. MOTION CARRIED 7-0. 23723 2. An Ordinance Adopting the 2021 International Fire Code with Local Amendments p. 90 Shawn Linville, City Fire Marshal/Division Chief of Life Safety, presented an overview of the proposed ordinance, which adopts the 2021 International Fire Code (as amended by the State) and local amendments contained in Bellingham Municipal Code Chapter 17.20. Proposed local amendments are recommended for adoption effective July 1, 2023 to align with the State's fire code implementation date. Michael Lilliquist / Hollie Huthman moved for first and second reading. MOTION CARRIED 7-0. 23724 3. Adoption of the 2021 Washington State Building Code with Local Amendments p. 97 Sean Angeley, Planning and Community Development Building Official, and Kurt Nabbefeld, Planning Development Services Manager, presented on the proposed ordinance to adopt the 2023 Washington State Building Code. The Washington State Building Code is mostly comprised of national model codes that are adopted by reference and amended at the state level. Because the various codes that comprise the State Building Code have been revised and updated, the City must amend its building code to adopt those revisions. Council Members discussed and asked questions. Michael Lilliquist / Edwin H. "Skip" Williams moved for first and second reading. MOTION CARRIED 7-0. 23725 4. Approval of 4/24/2023 City Council Committee and Regular Meeting Minutes p. 138 Daniel Hammill / Edwin H. "Skip" Williams moved approval of the April 24, 2023 and May 8, 2023 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 23726 5. Approval of 5/8/2023 City Council Committee and Regular Meeting Minutes p. 158 See above motion. Old/New Business City of Bellingham Regular City Council Meeting Page 5 of 7 5/22/2023 Minutes  President Lilliquist announced that on June 5th, 2023 the City Council will hold a Public Hearing on an ordinance to extend the existing moratorium on the acceptance or processing of development applications for new development or redevelopment within the RM Zones in the Silver Beach Neighborhood for an additional six months. During Old/New Business at Committee of the Whole, Council Member Hammill proposed and Council supported a motion to consider resolution affirming the City’s values with regard to the use of the proposed public safety tax. Executive Session 2:20 PM Closed to the public. Report in the Regular Meeting only: 1. Litigation: Schreib v. State of Washington et al. (Good, approx 10 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. 23727 1. Authorization of A/P Transactions Issued April 28, 2023 through May 04, 2023 p. 176 23728 2. Authorization of A/P Transactions Issued May 05, 2023 through May 11, 2023 p. 177 23729 3. A Resolution Setting the Date and Time for a Public Hearing Before the Hearing p. 178 Examiner for Consideration of a Street Vacation Petition for the Platted Alley within Block 299 of the Supplemental Map of the Town of Whatcom 23730 4. A Resolution Setting the Date and Time for a Public Hearing Before the Hearing p. 182 Examiner for Consideration of a Street Vacation Petition for the Western 10' of 10th Street Between Douglas and Taylor Avenues 23731 5. Authorize the Mayor to Enter into an Inter-Agency Agreement with the Department p. 186 of Ecology for Grant Funding for a Study to Define the Most Effective Maintenance Practices for Stormwater Facilities in the Lake Whatcom Watershed 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 5 individuals. City of Bellingham Regular City Council Meeting Page 6 of 7 5/22/2023 Minutes  To access the recording, visit https://cob.org/gov/council/public-hearings-and-public%20comment- periods/public-comment-period-recordings. Adjournment There being no further business, the meeting adjourned at 8:44pm. Michael Lilliquist, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 6/5/2023 City of Bellingham Regular City Council Meeting Page 7 of 7 5/22/2023 Minutes