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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · January 27, 2020

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City of Bellingham City Council Regular Meeting Minutes January 27, 2020, 7:00 PM Mayor Seth Fleetwood Contact: (360) 778-8200, ccmail@cob.org Council Members Hannah Stone, Gene Knutson, Daniel Hammill, www.cob.org/council Pinky Vargas, Lisa Anderson, Michael Lilliquist and All meetings are held in the City Hall Council Chambers at Hollie Huthman 210 Lottie Street, Bellingham, WA, unless otherwise noted. Call to Order The meeting was called to order by Council President Knutson at 7:00 p.m. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. On February 10, 2020 at 7:00 PM in the City Council Chambers there will be a Public Hearing to consider the 2020 Parks, Recreation and Open Space Plan, Chapter 7 of the Bellingham Comprehensive Plan. Pledge of Allegiance Led by Council President Knutson Roll Call Present: Council President Gene Knutson, Second Ward Council Member Hannah Stone, First Ward Council Member Daniel Hammill, Third Ward Council Member Pinky Vargas, Fourth Ward Council Member Lisa Anderson, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Hollie Huthman, At-Large Public Hearing 22547 1. Public Hearing to Consider a Draft Ordinance Establishing BMC 20.15A, Regulations for Interim Housing Lisa Pool, Senior Planner, explained the regulations for the interim housing ordinance. The draft ordinance establishes allowed zoning districts, permitting processes and health and safety standards for interim housing by creating chapter 20.15A in the Bellingham Municipal Code and amends various other sections of the Code. Interim housing facilities are in buildings or other permanent structures and have a longer City of Bellingham Regular City Council Meeting Page 1 of 8 1/27/2020 Minutes operational duration than temporary shelters. Staff and the Planning Commission recommended approval of the regulations. Council President Knutson opened the public hearing. Public comment was taken. Council Knutson closed the public hearing. Council Member Anderson explained that the ordinance balances the needs of those being served as well as concerns of single-family neighborhoods. Council Member Lilliquist also supports the interim housing ordinance and feels the tiered approach is a good one. Daniel Hammill / Pinky Vargas moved for first and second reading. MOTION CARRIED 7-0. 22548 2. Public Hearing to Consider a Draft Ordinance Amending BMC 20.15, Regulations for Temporary Shelters Lisa Pool, Senior Planner, brought forth the Planning Commission's recommendations and amendments of the regulations establishing zoning, health and safety standards that were approved in October 2018. The draft ordinance includes several amendments to the temporary shelter regulations: 1) allow temporary encampments in buildings to be established in public zones with a Type II permit, 2) require managing agencies of temporary shelters that are accessory to the primary religious use of a church building to demonstrate compliance with City building and fire codes or seek an exemption,3) allow adverse weather shelters of very short duration to be established without a permit, and 4) provide the City with the ability to close a temporary shelter that is in violation of the requirements. Staff and the Planning Commission recommend approval of the amendments. Council President Knutson opened the public hearing. No citizens spoke, and the public hearing was closed. Pinky Vargas / Daniel Hammill moved for first and second reading. MOTION CARRIED 7-0. 15-Minute Public Comment Period City of Bellingham Regular City Council Meeting Page 2 of 8 1/27/2020 Minutes Public Comment was taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Fleetwood informed Council that he is reviewing applications for the Immigration Advisory Board. He intends to appoint members to the Board in February. He shared that last weekend, he was able to attend and speak at the Bellingham Women's March and the Martin Luther King Jr., event at Mt Baker Theatre. The Mayor shared that Vanessa Blackburn, Communications Director, has stepped down from her position. Her notice was given a couple months ago but she stayed through the administration change. Her last day is Friday, January 31, 2020. Vanessa gave farewells to all. Council asked about legislature and Brian Heinrich, Deputy Administrator, gave a status on several House Bills. They included: HB 2661, related to expanding accessible and affordable childcare. HB 2619, related to improvement for childcare reimbursement. HB 1590, which supports local finance options and the use of local sales tax to be used for affordable housing. HB 2342, extension of the Growth Management Timeline. HB 2343, creates new insentives for urban density and housing supply. Council Standing Committee Meetings: Planning and Community Development Hollie Huthman, Chair Daniel Hammill, Michael Lilliquist 22549 1. Resolution Regarding Surplus Property on Byron Avenue (Parcel #380332 210052) Hollie Huthman / Daniel Hammill moved final approval of Resolution #2020-01. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 3 of 8 1/27/2020 Minutes 22177 2. Resolution Regarding Surplus Property at 611 Texas Street (Parcel #380319 491047) Hollie Huthman / Michael Lilliquist moved final approval of Resolution #2020-02. MOTION CARRIED 7-0. 22550 3. Consideration of Initiating a Partnership to Operate a Safe Parking Pilot Program Discussion during Committee. Council Member Huthman reported that staff seeks direction on whether it would 1) attempt to find a partner to initiate a Safe Parking Pilot Program; and 2) fund (fully or in part) such a program. A budget amendment would be needed if staff is able to identify a suitable partner operator through a Request for Proposal (RFP) process. Committee supports staff seeking a partner. Daniel Hammill / Lisa Anderson moved to direct staff to seek a partner by submitting an RFP, as well as fund (fully or in part) such a program. MOTION CARRIED 7-0. 22516 4. Consideration of an Ordinance Amending the Fountain District Urban Village (FDUV) Development Regulations and Permitted Uses Hollie Huthman / Pinky Vargas moved for first and second reading. MOTION CARRIED 7-0. Public Works and Natural Resources Michael Lilliquist, Chair Pinky Vargas, Lisa Anderson 22551 1. Bellingham Public Library Elevator Modernization, Bid 64B-2019 Michael Lilliquist / Pinky Vargas moved to award Bid No. 64B-2019 for Elevator Modernization to Tiger Construction of Everson, WA as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $323,833.61, which includes any applicable WSST. MOTION CARRIED 7-0. 22552 2. Bid Award for West Horton Road - Phase 1 ES-399, Bid 63B-2019 City of Bellingham Regular City Council Meeting Page 4 of 8 1/27/2020 Minutes Michael Lilliquist / Lisa Anderson moved to award Bid No. 63B-2019, for West Horton Road - Phase 1 ES-399, to Ram Construction of Bellingham, WA as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $3,130,514.93, which includes any applicable WSST. MOTION CARRIED 7-0. 22553 3. Mitigation Bank Properties Management Resolution Presentation during Committee. Council Member Lilliquist explained that the resolution establishes protection and use policies for mitigation bank properties. Michael Lilliquist / Daniel Hammill moved final approval of Resolution #2020-03. MOTION CARRIED 7-0. 22554 4. Request to Amend Agreement for Utility Service Zone Extension Council Member Lilliquist explained that the request is to amend the street standards. There will be a public hearing on February 10, 2020. Information only. 22555 5. Surface and Stormwater Comprehensive Plan Update Presentation during Committee. The new plan includes a six-year capital improvement program that supports the intent of the utility to maintain stormwater infrastructure; reduce discharge of pollutants; protect and improve habitat, fish passage and water quaility in streams, lakes, and Bellingham Bay; and reduce erosion and flooding. Information only. Finance and Economic Development Pinky Vargas, Chair Lisa Anderson, Hollie Huthman 22556 1. Resolution to Establish Green Fees for the Use of Lake Padden Golf Course and Update on Operations Lisa Anderson / Pinky Vargas moved final approval of Resolution #2020-04. MOTION CARRIED 7-0. Climate Action Hannah Stone, Chair Daniel Hammill, Pinky Vargas City of Bellingham Regular City Council Meeting Page 5 of 8 1/27/2020 Minutes 22557 1. Post Point Resource Recovery Project Update Presentation during Committee. The project will replace the biosolids incinerators with a Class A anaerobic digestion process, production of Renewable Natural Gas (RNG) and an offsite soil blending process for beneficial use. Information only. Committee of the Whole Gene Knutson, Chair Hannah Stone, Daniel Hammill, Pinky Vargas, Lisa Anderson, Michael Lilliquist, Hollie Huthman 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. 22558 1. Bellingham Police Department Introduces Newest Member, K9 Raven Presentation during Committee. The Police department introduced their newest K9 member, Raven. She is a one-year old Labrador Retriever who is undergoing training to be the City's next explosive detection canine. Information only. 2. Approval of Minutes Michael Lilliquist / Daniel Hammill moved approval of the January 13, 2020 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 3. Old/New Business Council Member Anderson informed all that the City is conducting a search for a Parks Director. The application committee will review applicants the week of Feb 27th. Online inverviews will be March 27, 2020. Council Member Lilliquist will be on the interview panel. More details will follow. Council Member Hammill travelled to Olympia last week. He sits on an Affordable Housing Panel. He read a statement in support of HB 1590. Dan Hammill / Pinky Vargas moved to direct staff to draft a letter of support for HB 1590 and asked that the Council and the Mayor sign onto the letter. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 6 of 8 1/27/2020 Minutes Michael Lilliquist / Dan Hammill requested that the Council and Mayor support HB2405 and asked the Council to support both PACE legislation and the amendment brought forward. MOTION CARRIED 7-0. Council Member Vargas reported that she will travel down to Olympia tomorrow with Mayor Fleetwood and Brian Heinrich, Deputy Administrator, to attend an Association of Washington Cities event. Executive Session – Report and Action only. 1. Quasi-judicial Matter Under RCW 42.30.140(2) Staff provided information on a litigation matter. For information and discussion. No action taken. 2. Litigation: Smith v. City of Bellingham and Brooks Laughlin 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. 22559 1. Interlocal Agreement with Whatcom County Fire Agency Radio System for Communications Maintenance and Repair Services 22560 2. Authorization of A/P Checks Issued January 10, 2020 22561 3. Authorization of A/P Checks Issued January 17, 2020 22562 4. Authorization of Payroll Labor Cost Payments for the Period Dated December 16 - December 31, 2019 Daniel Hammill / Michael Lilliquist moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Adjournment There being no further business, the meeting adjourned at 8:42 PM. City of Bellingham Regular City Council Meeting Page 7 of 8 1/27/2020 Minutes Gene Knutson, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 2/10/2020 City of Bellingham Regular City Council Meeting Page 8 of 8 1/27/2020 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda January 27, 2020, 7:00 PM Mayor Seth Fleetwood Contact: (360) 778-8200, ccmail@cob.org Council Members Hannah Stone, Gene Knutson, Daniel Hammill, www.cob.org/council Pinky Vargas, Lisa Anderson, Michael Lilliquist and All meetings are held in the City Hall Council Chambers at Hollie Huthman 210 Lottie Street, Bellingham, WA, unless otherwise noted. The following items are heard in the Regular Meeting only: Call to Order Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Meetings Act. 1. On February 10, 2020 at 7:00 PM in the City Council Chambers there will be a Public Hearing to consider the 2020 Parks, Recreation and Open Space Plan, Chapter 7 of the Bellingham Comprehensive Plan. Pledge of Allegiance Roll Call Public Hearing 22547 1. Public Hearing to Consider a Draft Ordinance Establishing BMC p. 5 20.15A, Regulations for Interim Housing 22548 2. Public Hearing to Consider a Draft Ordinance Amending BMC 20.15, p. 50 Regulations for Temporary Shelters 15-Minute Public Comment Period Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Open to the public to attend. Note: there is generally no public comment period for Committee sessions. Standing Committee Members receive reports and information, ask questions and, when appropriate, vote on a recommended action for consideration by the full Council at the Regular Meeting. The notice of Committee Meetings identified below also serves as notice of Special Meetings of the City Council at the times identified as Council Members who are not members of the committee routinely attend and participate in the Committee Meetings. Committee Chairs give a report of the Committee Meeting at the Regular Meeting in the evening prior to deliberation and formal vote in the order shown below: Planning and Community Development 10:30 AM Hollie Huthman, Chair Daniel Hammill, Michael Lilliquist 22549 1. Resolution Regarding Surplus Property on Byron Avenue (Parcel p. 78 #380332 210052) 22177 2. Resolution Regarding Surplus Property at 611 Texas Street (Parcel p. 85 #380319 491047) 22550 3. Consideration of Initiating a Partnership to Operate a Safe Parking p. 98 Pilot Program 22516 4. Consideration of an Ordinance Amending the Fountain District Urban p. 102 Village (FDUV) Development Regulations and Permitted Uses Public Works and Natural Resources 1:00 PM Michael Lilliquist, Chair Pinky Vargas, Lisa Anderson 22551 1. Bellingham Public Library Elevator Modernization, Bid 64B-2019 p. 137 22552 2. Bid Award for West Horton Road - Phase 1 ES-399, Bid 63B-2019 p. 142 22553 3. Mitigation Bank Properties Management Resolution p. 146 22554 4. Request to Amend Agreement for Utility Service Zone Extension p. 151 22555 5. Surface and Stormwater Comprehensive Plan Update p. 168 Finance and Economic Development 1:50 PM Pinky Vargas, Chair Lisa Anderson, Hollie Huthman 22556 1. Resolution to Establish Green Fees for the Use of Lake Padden Golf p. 182 Course and Update on Operations Climate Action 2:10 PM Hannah Stone, Chair Daniel Hammill, Pinky Vargas 22557 1. Post Point Resource Recovery Project Update p. 205 Committee Of The Whole 2:35 PM Gene Knutson, Chair Hannah Stone, Daniel Hammill, Pinky Vargas, Lisa Anderson, Michael Lilliquist, Hollie Huthman 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. 22558 1. Bellingham Police Department Introduces Newest Member, K9 Raven p. 220 2. Approval of Minutes 3. Old/New Business Executive Session 2:50 PM Closed to the public. Report in the Regular Meeting only: 1. Quasi-judicial Matter Under RCW 42.30.140(2) (Erb, approx. 15 mins) 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. 22559 1. Interlocal Agreement with Whatcom County Fire Agency Radio p. 221 System for Communications Maintenance and Repair Services 22560 2. Authorization of A/P Checks Issued January 10, 2020 p. 227 22561 3. Authorization of A/P Checks Issued January 17, 2020 p. 228 22562 4. Authorization of Payroll Labor Cost Payments For the Period Dated p. 229 December 16 - December 31, 2019 Adjournment Agenda Information: Council Committee and Regular Meeting agendas and agenda packets, which contain the supporting documentation for agenda items, are available to the public Wednesday afternoon prior to the meeting. They are posted at https://meetings.cob.org/. A hard copy of the agenda packet is available for review from the reference desk at the Central Library or the Finance office at City Hall. Live Broadcast Information: The Bellingham City Council Committee Meetings are broadcast live on BTV Bellingham at the times listed on the Agenda. Committee session start times between 9:00 AM and 5:00 PM are estimated. A specific Committee may start later than the time published but will not begin earlier than its published time. BTV can be found on cable systems as follows: Comcast channels 10 (standard) and 321 (high definition), and CenturyLink channels 40 (standard) and 1040 (high definition). The meetings are also streamed live on the internet as they occur. Online viewers will see exactly what cable customers would see. The Bellingham Public Library also has DVD’s available for checkout. Video and audio files are available on the Internet at https://meetings.cob.org within 5 business days following each meeting. BTV Council Meeting Rebroadcast Schedule: Tues. 12 PM: Repeat broadcast of Monday afternoon Committee meetings Tues. 7 PM: Repeat broadcast of Monday night regular meeting Wed. 8 AM: Repeat broadcast of Monday night regular meeting Sat. 12 PM: Repeat broadcast of Monday afternoon Committee meetings Sat. 7 PM: Repeat broadcast of Monday night regular meeting Accessibility: The Council Chambers is fully accessible. Elevator access to the second floor is available at City Hall’s west entrance. Hearing assistance is available and a receiver may be checked out through the clerk prior to the evening session. For additional accommodations, contact the Legislative Assistant at 778-8200 in advance of the meeting. Thank you. Next City Council Meeting Monday, February 10, 2020 Deadline to submit material for any public hearing for inclusion in the published agenda packet is 8:00 a.m. on Wednesday prior to the meeting.

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