City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes February 10, 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. Please note the doors to City Hall unlock at 6:30 PM. 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. The March 9, 2020 City Council meetings will be held in the Whatcom County Council Chambers on the first floor of the Whatcom County Courthouse, 311 Grand Avenue Bellingham, WA 98225. 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 22563 1. Public Hearing on Resolution Authorizing Relinquishment of Surplus Utility Easements Located Within a Vacated Alley and Street in Block 2 of George A. Jenkins Addition and Vacated Ridgeway Drive Eric Johnston, Interim Public Works Director, introduced the request for relinquishment of surplus utility easements located within a vacated alley and street City of Bellingham Regular City Council Meeting Page 1 of 9 2/10/2020 Minutes  in block 2 of George A. Jenkins Addition and vacated Ridgeway Drive. Staff recommends that the easements be relinquished in order to facilitate a Western Washington University development project. Council President Knutson opened the public hearing. No citizens spoke and the public hearing was closed. Michael Lilliquist / Daniel Hammill moved final approval of Resolution #2020-05. MOTION CARRIED 7-0. 22554 2. Public Hearing to Consider a Development Agreement Adopting an Alternative Street Standard for a Portion of E. Kellogg Road Alan Marriner, Deputy City Attorney, explained the proposal to construct a portion of E. Kellogg Road to an alternative standard from the one required by the Extension Agreement. The proposed development agreement would authorize the construction of a portion of E. Kellogg Road to the proposed alternative standard. Council President Knutson opened the public hearing. No citizens spoke and the public hearing was closed. Pinky Vargas / Daniel Hammill moved to authorize the Mayor to enter into a development agreement authorizing Kellogg Properties LLC and Spring Creek Bible Church to construct the portion of E. Kellogg Road that abuts their properties to a modified standard that includes a bike lane on the south side of the street and a ten- foot wide, separated, paved multimodal trail on the north side of the street instead of the full arterial standard that includes bike lanes, curbs, gutters, and sidewalks on both sides of the street. MOTION CARRIED 7-0. 22564 3. Public Hearing to Consider a Comprehensive Plan Amendment to Update the Parks, Recreation and Open Space Chapter (PRO Plan) Nicole Oliver, Interim Parks and Recreation Director, outlined the 2020 Pro Plan. She included in the New Principles, preservation, connection, play, equity, resiliency, and inclusivity. Council President Knutson opened the public hearing. Public comment was taken. City of Bellingham Regular City Council Meeting Page 2 of 9 2/10/2020 Minutes  There being no further comments, the public hearing was closed. Council requested the issue be sent back to the Parks and Recreation Committee for further discussion at the next meeting. 15-Minute Public Comment Period 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 advised residents that if they find graffiti on public property, they can notify Public Works of it and it will be cleaned up in 48 hours. The Mayor notified Council that he intends to announce appointment to the Immigration Advisory Board at the next meeting. He announced that he has directed staff to begin the public process required to utilize the former Clean Green site at Woburn and Lakeway Drive so that HomesNOW! may use it as a tiny home hosting site. It will go through a permitting process and a timely public hearing will be scheduled. The Mayor requested Council to consider allowing him to write a letter of support to the City's delegation in Olympia in funding the Boys and Girls Club. Dan Hammill / Michael Lilliquist moved approval of sending a letter in support. MOTION CARRIED 7-0. 22565 1. Mayor's Appointment of Rom Hirss to the Community Development Advisory Board (Information) The Mayor appoints Rom Hirss to his first term, on the Community Development Advisory Board, which will expire on January 24, 2023, at which time he may be reappointed. Information only. 22566 2. Mayor's Appointment of Allyson Farrar and Peter Frazier to the Tourism Commission (Information) The Mayor appoints Allyson Farrar to her first partial term, on the Tourism Commission, which will expire on December 21, 2020, at which time she may be reappointed. Information only. City of Bellingham Regular City Council Meeting Page 3 of 9 2/10/2020 Minutes  The Mayor appoints Peter Frazier, to his first partial term, on the Tourism Commission, which will expire on December 31, 2020, at which time he may be reappointed. Information only. 22567 3. Mayor's Appointment of Ryan Van Straten to the Design Review Board (Approval) Daniel Hammill / Lisa Anderson moved the Mayor's appointment of Ryan Van Straten to his first partial term, on the Design Review Board, which will expire on October 14, 2021, at which time he may be reappointed. MOTION CARRIED 7-0. 22568 4. Mayor's Reappointment of David Christensen to the Historic Preservation Commission (Approval) Daniel Hammill / Lisa Anderson moved the Mayor's reappointment of David Christensen to his seventh term, on the Historic Preservation Commission, which will expire on March 1, 2023, at which time he may be reappointed. MOTION CARRIED 7-0. Council Standing Committee Meetings: Public Works and Natural Resources Michael Lilliquist, Chair Pinky Vargas, Lisa Anderson 22569 1. Bid Award for Annual Sanitary Sewer Rehabilitation Project, EU-0178, BID # 78B-2019 Michael Lilliquist / Pinky Vargas moved to award Bid No. 78B-2019 for Annual Sanitary Sewer Rehabilitation Project to Faber Construction Corp. of Lynden 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 $1,595,621.43, which includes any applicable WSST. MOTION CARRIED 7-0. Parks and Recreation Lisa Anderson, Chair Hannah Stone, Michael Lilliquist City of Bellingham Regular City Council Meeting Page 4 of 9 2/10/2020 Minutes 22570 1. Staff Recommendation to Award Bid to Tiger Construction, Inc. for Fountain Plaza, Bid No. 3B-2020 Lisa Anderson / Daniel Hammill moved to award Bid No. 3B-2020 for Fountain Plaza to Tiger Construction, Inc. of Everson 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 $414,842.14, which includes any applicable WSST. MOTION CARRIED 7-0. Climate Action Hannah Stone, Chair Daniel Hammill, Pinky Vargas 22571 1. Climate Action Plan Progress Update Council Member Stone reported that there was an afternoon report during Committee. She emphasized that new recommendations have not been adopted or rejected yet. Public Works will be presenting a Work Plan on Feb 24th and financial feasaibility and energy efficiency assessments will be discussed. Council Member Vargas reported that the she does not have a conflict of interest. There has been concern from residents about her position sitting on the Climate Action Committee and working for Puget Sound Energy. She clarified that her voice is her own and she no longer works for PSE. Committee of the Whole Gene Knutson, Chair Hannah Stone, Daniel Hammill, Pinky Vargas, Lisa Anderson, Michael Lilliquist, Hollie Huthman 22572 1. Review of the Planning and Community Development Department's 2020 Work Program Discussion during Committee. A review of the department's mid-biennium 2020 Work Program was presented. Information only. 20767 2. Consideration of an Ordinance Creating an Incentive Program for Innovative Affordable Low-Income Homeownership Projects Discussion during Committee. City of Bellingham Regular City Council Meeting Page 5 of 9 2/10/2020 Minutes  Daniel Hammill / Hannah Stone moved to hold a public hearing on an ordinance that was presented that would create an incentive program for innovative affordable low- income homeownership projects. MOTION CARRIED 7-0. 22573 3. Outreach and Enforcement Update on Complaints Concerning Illegal Tent Encampments Presentation during Committee. The Police Department's Outreach Division provided information to Council on efforts concerning complaints received regarding illegal tent encampments along with clean-up efforts. Information only. 4. Approval of Minutes Michael Lilliquist / Daniel Hammill moved approval of the January 27, 2020 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 5. Old/New Business No old or new business. Executive Session – Report and Action only. Closed to the public. Report in the Regular Meeting only: 1. Litigation: Smith v. City of Bellingham and Brooks Laughlin Staff provided information on a litigation matter. Daniel Hammill / Michael Lilliquist moved to authorize the Mayor to enter into a settlement agreement with the following terms: dismissal of the lawsuit and resolution of all claims related thereto for the payment of $175,000.00 to the plaintiff. MOTION CARRIED 7-0. 2. Potential Litigation: Claim No. 2019-29 Staff provided information on a potential litigation matter. Pinky Vargas / Hollie Huthman moved to authorize the Mayor to enter into a settlement agreement with the following terms: resolution of claim number 2019-29 City of Bellingham Regular City Council Meeting Page 6 of 9 2/10/2020 Minutes  for the payment of $41,767.24 to the claimant for damages related to a water main break. MOTION CARRIED 7-0. 3. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion. No action taken. 4. Potential Property Acquisition Staff informed City Council that the City has entered into a purchase and sale agreement to acquire a 9.75 - acre property with two potential development units, owned by Strider Northwest, LLC and located in the Lake Whatcom Watershed. The purchase will be made in connection with the City's Lake Whatcom Watershed Property Acquisition Program in order to help protect the City's drinking water source. The purchase price is $410,000. Closing is contingent upon City Council approval. Lisa Anderson / Hollie Huthman moved to authorize the purchase of a 9.75 - acre parcel for the appraisal value of $410,000, with closing to take place on or around February 21, 2020. MOTION CARRIED 7-0. 5.. Potential Property Acquisition: Staff provided information on a potential property acquisition. 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. 22574 1. Authorization of Payroll Labor Cost Payments for the Period Dated January 1 - January 15, 2020 22575 2. Authorization of A/P Checks Issued January 24, 2020 22576 3. Authorization of A/P Checks Issued January 31, 2020 22577 4. Whatcom Transportation Authority (WTA) Bulk Bus Pass Sales Agreement City of Bellingham Regular City Council Meeting Page 7 of 9 2/10/2020 Minutes 22578 5. Interlocal Agreement Between the City of Bellingham and the Port of Bellingham for Mutual Use of Facilities Michael Lilliquist / Daniel Hammill moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 22547 1. An Ordinance of the City of Bellingham Establishing Interim Housing Regulations by Creating a New Bellingham Municipal Code Chapter 20.15A, Interim Housing, and Amending Other Chapters in Bellingham Municipal Code Titles 20 and 21 Daniel Hammill / Pinky Vargas 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: Knutson, Stone, Hammill, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2020-02-002. 22548 2. An Ordinance of the City of Bellingham, Modifying Bellingham Municipal Code Chapter 20.15, Temporary Shelters Michael Lilliquist / Pinky Vargas 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: Knutson, Stone, Hammill, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2020-002-003. 22516 3. An Ordinance Amending Bellingham Municipal Code Sections 20.37.210, .220, .230, and .250 to Encourage a Compact, Walkable Fountain District Urban Village by Increasing the Allowable Floor Area Ratio Limits in the Commercial Core and Portions of the Commercial Transition Area and Modifying the Bicycle Parking Requirements within the Urban Village City of Bellingham Regular City Council Meeting Page 8 of 9 2/10/2020 Minutes  Hannah Stone / 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: Knutson, Stone, Hammill, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2020-02-004. Adjournment There being no further business, the meeting adjourned at 8:40 p.m. Gene Knutson, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 2/24/2020 City of Bellingham Regular City Council Meeting Page 9 of 9 2/10/2020 Minutes